WASHINGTON: Top Trump administration officials are openly questioning the judiciary’s authority to serve as a check on executive power as the new president’s sweeping agenda faces growing pushback from the courts.
Over the past 24 hours, officials ranging from billionaire Elon Musk to Vice President JD Vance have not only criticised a federal judge’s decision early Saturday (Feb 8) that blocks Musk’s Department of Government Efficiency from accessing Treasury Department records, but have also attacked the legitimacy of judicial oversight, a fundamental pillar of American democracy, which is based on the separation of powers.
“If a judge tried to tell a general how to conduct a military operation, that would be illegal. If a judge tried to command the attorney general in how to use her discretion as a prosecutor, that’s also illegal. Judges aren’t allowed to control the executive’s legitimate power,” Vance wrote on X on Sunday morning.
That post came hours after Musk said overnight that the judge who ruled against him should be impeached.
“A corrupt judge protecting corruption. He needs to be impeached NOW!” said Musk, who has been tasked by President Donald Trump with rooting out waste across the federal government.
Musk also shared a post from a user who had suggested that the Trump administration openly defy the court order.
“I don’t like the precedent it sets when you defy a judicial ruling, but I’m just wondering what other options are these judges leaving us,” the person had written, in part.
The court order against Musk barred his team temporarily from accessing a Treasury system that contains sensitive personal data, such as Social Security and bank account numbers for millions of Americans. Musk and his team say they are simply rooting through government systems to identify waste and abuse at the direction of the Republican president.
Deputy White House chief of staff Stephen Miller called the ruling “an assault on the very idea of democracy itself”.
“What we continue to see here is the idea that rogue bureaucrats who are elected by no one, who answer to no one, who have lifetime tenure jobs, who we would be told can never be fired, which, of course, is not true, that the power has been cemented and accumulated for years, whether it be with the Treasury bureaucrats or the FBI bureaucrats or the CIA bureaucrats or the USAID bureaucrats, with this unelected shadow force that is running our government and running our country,” Miller said on Fox News Channel’s Sunday Morning Futures.
The pushback comes as the administration’s efforts to dismantle government agencies and eliminate large swaths of the federal workforce are being held up by the courts. Judges have also blocked Trump, at least temporarily, from moving forward with mass federal buyouts, from placing thousands of USAID workers on leave and from implementing an executive order that seeks to end birthright citizenship for anyone born in the US.
