Elon Musk Wants to Get Operational Control of the Treasury’s Payment System. This Could Not Possibly Be More Dangerous
I understated the extremity and danger of the situation we’re in even as a Judge on Friday issued a more comprehensive injunction against the executive orders which were designed to impound funds, OMB guidance or not, across the federal government. I also understated all the things ordinary Americans are in “danger” of learning about. It's now not just the “legal plumbing,” it's the payments plumbing too. This is now also the closest thing we’ve ever had to a payment system constitutional crisis.
So what happened? According to reporting on Friday — first at the Washington Post and then in more detail from CNN as well as the New York Times — the Fiscal Assistant Secretary of the United States Treasury David Lebryk has been put on paid administrative leave and plans to resign after refusing to give Elon Musk’s “Department of Government Efficiency” (DOGE) access to the operational details of the Treasury’s payment system and the data it processes. In particular, Musk’s DOGE team has been asking for what the New York Times reporting refers to as “source code information” since December and has been rebuffed. The CNN reporting specifically states that they were inquiring about the technical ability to stop payments.
Lebryk's understanding of the operational systems that undergird the functioning of the United States Treasury is far and away unparalleled. In particular, he is widely credited with being the person who is overwhelmingly responsible for the undisrupted continuity of cash inflows and outflows at the Treasury during the recurrent debt ceiling crises of the past 15 years while concurrently ensuring the debt ceiling limit was not breached.
[...] The danger is also not in the near future, it is here. Follow up reporting from the New York Times Saturday evening in an article straightforwardly informed readers in its headline that “Elon Musk’s Team Now Has Full Access to Treasury’s Payments System.”
[...] The internal treasury payments systems must function correctly; it just also matters what purposes it is being designed for.
Musk and his cronies are clearly aiming to redesign the payments system to serve their agenda. This is not the attitude of people who are trying to simply technocratically make the payment system more “efficient.” They have a very clear and specific agenda, which involves unilaterally cutting spending, particularly spending they perceive to be going to their ideological foes. Is “Wokeness,” the “Green New Deal,” “Marxism,” and “Gender Ideology” going to be the new definition of an “improper payment"?
[...] Without political control of the payment's heart, the Trump administration and Elon Musk must chase down every agency and bend it to their will. They are in the process of doing that, but bureaucrats can notionally continue to respect the law and resist their efforts. They are helped in this effort by court injunctions they can point to. This is bureaucratic trench warfare. But if Musk and Trump can reach into the choke point, the Bureau of the Fiscal Service, they could possibly not need agency cooperation. They can just impound agency payments themselves. They could also possibly stop paying federal employees they have forced on paid administrative leave, coercing them to resign.
[...] For the past 36 hours (writing these words at Midnight on Saturday) my mind has returned over and over to the idea that they have been asking for “source code information” to the Treasury’s internal payments system.
[...] Anyone who knows or has known computer programmers of mission critical legacy IT systems can tell you about the stories of rafts of consultants who have come and gone attempting to understand how the system works so they can “modernize” it on the cheap. The vast majority of the time these consultants are either not able to do what they promise or are honest about the cost of updating the system without a mission critical system “going down,” leading management to balk.
[...] Does Elon Musk understand any of this? Does he have any grasp of the scale and complexity he is trying to reach into and exercise “influence”? Currently the most urgent and profound danger is not what he intends to make this sprawling apparatus do. The most immediate danger is what might break in the process of trying to get this apparatus to do what he wants.
[...] Elon Musk, however, has never shown respect or understanding of the concept of a mission critical IT system. All he sees is “inefficiency” because he doesn’t understand that there are some things in this world that need to function no matter what and you spend the additional money to make sure it runs, including when it's being updated.
This is ultimately not that big a deal when it comes to Twitter — Twitter can go down for a few hours, even a few days. [...] To put that another way, the same cannot be said about the system that makes sure the federal government is able to make payments reliably and on time. [...] It's also important to state that the number of people who comprehensively understand these legacy IT systems can likely be counted on two hands — and that may be optimistic.
[...] There is nothing more important on the entire planet than getting Elon Musk and DOGE out of the Bureau of the Fiscal Service and allowing career civil service employees to run the Treasury’s internal payments system without capricious and self-serving interference from billionaires and their allies. This effort must fail if we are to safeguard any semblance of due process and lawfulness in the executive branch. A vague anonymous promise that DOGE only has “read only” access is not enough. They need to be rooted out so that we can return to the slower moving, less dangerous, “five alarm fire” constitutional crisis we were having as of Friday morning.
