Gay Treasury Secretary Scott Bessent may have helped create a constitutional crisis
Out Treasury Secretary Scott Bessent allowed Donald Trump donor Elon Musk and his team access to the payment system used by the federal government. Musk is threatening to illegally stop spending mandated by Congress and has ordered the shutdown of USAID, which delivers humanitarian aid on behalf of the United States, claiming that Donald Trump wants him to. Trump does not have the authority to end USAID.
According to reporting from several media outlets, including CNN, The Washington Post, and the New York Times, Deputy Secretary of the Treasury David Lebryk has been put on leave because he tried to stop Musk and his team from getting access to the payment system and the data it uses this past Friday. Lebryk has been in charge of the system that issues payments on behalf of the federal government for the last 15 years and is known for his “unparalleled” understanding of the system, according to Rolling Stone.
“To put it bluntly, these payment systems simply cannot fail, and any politically motivated meddling in them risks severe damage to our country and the economy,” said Sen. Ron Wyden (D-OR), the ranking member of the Senate Finance Committee. “I am concerned that mismanagement of these payment systems could threaten the full faith and credit of the United States.”
Reuters reported that Musk and his team had locked out the civil servants whose jobs were to actually run the payment system and gave his unvetted team called the Department of Government Efficiency (DOGE) access to the personal data of millions of federal employees. DOGE is not a real federal executive department, and its unvetted team includes young college graduates between the ages of 19 and 24 who have little to no governmental experience and no security clearances.
The billionaire said that he intends to cut $4 billion in federal spending per dayuntil September 30. The system that he accessed handles payments for Social Security, government salaries, tax refunds, and contractors hired by the government.
Neither Musk nor Trump have the authority to stop payments for spending ordered by Congress. It’s unclear what will happen if Musk gets the Trump adminsitration to stop payments illegally, but people could challenge his decisions in court. It’s unclear if the Trump administration would respect court decisions if they’re willing to ignore Congress’ spending decisions, and the takeover of the payment system could prevent career government employees from following court orders in defiance of Trump’s unilateral spending decisions.
This is a massive power grab, and Bessent has been key in creating this constitutional crisis. The New York Times reports that he gave Musk access to the payment system on Friday as part of an agreement, the same day that Lebryk was put on leave and then announced his sudden retirement. Bessent, an anonymous official told Politico, agreed to a plan that would give Cloud Software Group CEO Tom Krause access to the payment system to act as a liaison between Musk’s DOGE and the Treasury.
“The secretary’s approval was contingent on it being essentially a read-only operation,” the source said, referring to the code of the system that processes payments.
The Wall Street Journal reports that Musk “won’t have direct authority to stop individual payments or make other changes” under the agreement. But Musk getting access to the code of the payment system suggests that he is considering rewriting that code, and Bessent could be a willing accomplice in implementing those changes.
The payment system, run by the Bureau of Fiscal Service, is “studiously apolitical,” according to Lily Batchelder, Treasury secretary for tax policy under former President Joe Biden. This runs counter to Musk’s and Trump’s belief, according to the Wall Street Journal, that the system should be run by political appointees. Politicizing the payment system could allow Trump to bypass court decisions forcing the government to spend money authorized by Congress, removing a safeguard to Trump unilaterally — and illegally — cutting federal programs.
Musk said over the weekend on social media that the payment system had been sending money to “known fraudulent or terrorist groups,” but he didn’t provide any evidence. The Bureau of Fiscal Service has safeguards in place to prevent improper payments and it seems unlikely that Musk would have been able to spot such payments in mere hours that the Bureau hadn’t noticed in years.
He also complained that the Bureau hasn’t refused to send a payment that it was ordered to in its history, even though it does not have the legal authority to veto spending authorized by Congress.
Sen. Elizabeth Warren (D-MA) has called for a congressional investigation into the events.