Musk and the “I” Word

SPOILER ALERT: Musk continues to violate the Constitution; eggs are still expensive.

Elon Musk is angry. Yesterday, another pesky federal judge ordered that he and his army of tech bro minions stay away from the highly confidential Treasury Department’s records. This order, another emergency Temporary Restraining Order and the second in one week to deal with Musk’s unprecedented attempt to access confidential financial records (including personal information) of the American People, was a much-needed complement to an earlier order this week, which limited access to two of Musk’s associates deemed “special government employees.”

In the wee hours of February 8, when Musk was likely still sleeping upside-down in a cave, Judge Paul Engelmayer, U.S. District Judge of the Southern District of New York, further limited Musk and his peeps. The delicate records of the Treasury would be limited to “civil servants” with “a need for access” who had “passed all background checks and security clearances and all information security training.”

It doesn’t take a genius to realize that Musk’s clown car contains not one individual who fulfills these criteria. For good measure, the court also ordered that any of those folks who had accessed that information “immediately destroy” their copies.

Remember, TROs are not granted for drama or late-night twists. Judges aren’t looking for spontaneity or excitement; if that were the case, they would not have set foot in law school. TROs are granted because the law needs a method to avoid irreparable harm. They can only last 10 days, bridging the gap between the filing of the claim and a full hearing.

In other words, TROs are granted when there’s a true emergency.

Given the gravity of the situation, and the risk of irreparable harm in the face of unknown Muskrats poaching social security numbers and financials, it is no surprise the Court granted the TRO, pending another hearing on Valentine’s Day whereby Musk and Friends will need to show the court why their actions should not be blocked in the form of an injunction pending a trial. In preparation for the February 14 hearing, Judge Engelmayer set February 11 as a deadline for the defendants to file their opposition.

Cue the Tantrum

Predictably, Musk threw a fit, calling for Judge Engelmayer to be “Impeached.” In another post, he called the ruling “absolutely insane!” He also said that the Judge was corrupt and perhaps “protecting scammers“:

How on Earth are we supposed to stop fraud and waste of taxpayer money without looking at how money is spent? That’s literally impossible! Something super shady is going to protect scammers.

As a former litigator, I can predict that Trump and Treasury attorneys were not too pleased with this flex by Musk. It’s just not cool to insult the court.

Having said that, if Musk realizes that he can’t stop fraud “on Earth” and decides to move to Mars, that would be a bright spot in this dumpster fire. I know, I know … food and oxygen. Can’t a girl dream?

Another day, another disaster. By the way, Elon, if you want to know “how on Earth” you stop fraud and taxpayer waste while complying with the law, here are a couple of tips:

(1) Use the civil servants who have devoted their lives to the public good, not the private dollar; and

(2) DO NOT dismantle the Consumer Financial Protection Bureau.