New York County Lawyers Association Officers Statement on Elon Musk’s Improper Accusations of Corruption by Judge Engelmayer

We feel compelled to speak out regarding the recent statement of Elon Musk accusing U.S. District Judge Paul Engelmayer of “corruption.” That statement is not supported by even a scintilla of evidence. This reckless allegation of “corruption” is not only false but dangerous.

Judge Engelmayer entered a temporary restraining order barring Mr. Musk and other Department of Government Efficiency (DOGE) personnel from entering the U.S. Treasury’s payment system, which contains sensitive financial information about American citizens. The states that sought the order, including New York, argued that only duly appointed government officials have legal authority to access that system. The matter is set for a hearing on Friday, February 14, before a different District Judge, on the states’ request for a preliminary injunction.

Judge Engelmayer’s issuance of the TRO is the sole basis for Mr. Musk’s accusation of corruption. We understand that Mr. Musk may be disappointed about the issuance of the order. We also understand that Mr. Musk is not a lawyer and is not bound by the rules of attorney conduct. But Mr. Musk is now acting as a government official. He is exercising broad authority, and his actions impact the lives of all American citizens. We urge Mr. Musk to act with the professionalism and restraint that his position demands. And part of that duty is recognizing that disagreement with a judge’s decision is no reason to make a baseless charge of corruption.

In fact, such charges are dangerous. Chief Judge Debra Ann Livingston of the U.S. Court of Appeals for the Second Circuit has made speeches decrying the violence, and the express or implied threats of violence, that have been visited on sitting judges based upon their rulings. To be sure, Mr. Musk has not advocated violence against the judiciary. But his reckless allegation of “corruption” creates an air of intimidation and an aura of fear. That has no place in a society grounded in the rule of law.

About the New York County Lawyers Association
The New York County Lawyers Association (nycla.org) was founded in 1908 as one of the first major bar associations in the country that admitted members without regard to race, ethnicity, religion or gender, and has a long history of supporting the rights of LGBTQ+ people. Since its inception, NYCLA has pioneered some of the most far-reaching and tangible reforms in American jurisprudence. For more information on NYCLA please visit nycla.org.

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