A Yale law professor says Vice President J.D. Vance is right: the federal judge who blocked the Department of Government Efficiency (DOGE) from exposing wasteful spending by the Treasury Department violated the U.S. Constitution.

On Saturday, Judge Paul Engelmayer sided with 19 pro-waste Democrat state attorneys general who filed a lawsuit against the President Trump-created, Elon Musk-led DOGE seeking to prevent scrutiny of how Treasury is spending taxpayer dollars.

Judge Engelmayer issued a temporary injunction preventing DOGE and Treasury officials from examining Treasure expenditures – and declared that the Democrats have a strong case for a permanent ban.

However, as Vice President Vance wrote on X.com (formerly Twitter), judges don’t have the legal authority to dictate the actions of generals, prosecutors and the president:

“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.”

In his response, Yale Law Prof. Jeb Rubenfeld agreed with Vance and explained how Judge Engelmayer violated the Constitution with his ruling:

“JD is correct about this, and his examples are exactly right. Where the Executive has sole and plenary power under the Constitution--as in commanding military operations or exercising prosecutorial discretion--judges cannot constitutionally interfere.”

Following the ruling on Saturday, Musk called for Judge Engelmayer to be impeached for being “a corrupt judge protecting corruption.”

​​​