(By Gary Grumbach, NBC News, 21 January 2026)
In a court filing Friday, Justice Department officials said
SSA representatives told them a recent review found that in March, after a
temporary restraining order (TRO) blocking DOGE’s access to SSA data went into
effect, an unnamed political advocacy group contacted two members of the
agency's DOGE team “with a request to analyze state voter rolls that the
advocacy group had acquired.” The advocacy group’s stated aim, the Justice
Department writes, “was to find evidence of voter fraud and to overturn
election results in certain States.”
The Justice Department said one of the two DOGE team members
signed a “Voter Data Agreement” with the advocacy group. That person sent an
executed agreement to the advocacy group on March 24 — four days after the
temporary restraining order was issued. “At
this time, there is no evidence that SSA employees outside of the involved
members of the DOGE Team were aware of the communications with the advocacy
group. Nor were they aware of the 'Voter Data Agreement.'
This agreement was not reviewed or approved through the
agency’s data exchange procedures,” the filing said. The
Justice Department said it was unclear whether any personal information was
given to the political group. The
advocacy group’s stated aim, the Justice Department writes, “was to find
evidence of voter fraud and to overturn election results in certain States.”
The Justice Department said one of the two DOGE team members
signed a “Voter Data Agreement” with the advocacy group. That person sent an
executed agreement to the advocacy group on March 24 — four days after the
temporary restraining order was issued.
“At this time, there is no evidence that SSA employees
outside of the involved members of the DOGE Team were aware of the
communications with the advocacy group. Nor were they aware of the 'Voter Data
Agreement.' This agreement was not reviewed or approved through the agency’s
data exchange procedures,” the filing said. The
Justice Department said it was unclear whether any personal information was
given to the political group.
SSA representatives told the Justice Department they first
learned about the situation during an unrelated review in November, the month
DOGE ended its operations, and the Trump administration made two
Hatch Act referrals to the Office of Special Counsel in late December. U.S. District Judge Ellen Hollander in
Maryland signed a temporary restraining order in March blocking DOGE from
accessing “sensitive, confidential, and personally identifiable information.”
The order came after a government employees union filed a lawsuit in February
seeking to block billionaire Elon Musk’s DOGE from accessing Social Security,
arguing it violated privacy laws.
"The DOGE Team is essentially engaged in a fishing
expedition at SSA, in search of a fraud epidemic, based on little more than
suspicion," Hollander wrote. "It
has launched a search for the proverbial needle in the haystack, without any
concrete knowledge that the needle is actually in the haystack,” while
potentially putting millions of people's private information at risk, she
added.
The Supreme Court in June reversed the restraining
order and allowed members of DOGE to access Social Security data. The DOGE team
argued last year that it had a need to access Social Security Administration
records “to modernize technology” and “to maximize efficiency and productivity.” A whistleblower report filed in August accused DOGE
staffers of mishandling Social Security data by putting millions of people's
data “in a cloud environment that circumvents oversight.”
In Friday's filing, the Justice Department acknowledged that
some data was not handled properly. "SSA
has learned that, beginning March 7, 2025, and continuing until March 17
(approximately one week before the [temporary restraining order] was entered),
members of SSA’s DOGE Team were using links to share data through the
third-party server 'Cloudflare.' Cloudflare is not approved for storing SSA
data and when used in this manner is outside SSA’s security protocols,"
the filing said.
"SSA did not know, until its recent review, that DOGE
Team members were using Cloudflare during this period. Because Cloudflare is a
third-party entity, SSA has not been able to determine exactly what data were
shared to Cloudflare or whether the data still exist on the server," the
Justice Department added.
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