A federal judge on Thursday indicated she’s leaning toward issuing an order that would potentially restrict how Department of Government Efficiency agents can access sensitive Office of Personnel Management data systems.

But the judge left the door open for the parties in the case to negotiate a resolution that would involve OPM showing it had “tightened” up processes for granting access to sensitive systems compared to the “chaotic” early weeks of the new administration.

During a Thursday hearing in federal court, lawyers who filed the lawsuit on behalf of federal employee unions argued for a prohibitory preliminary injunction that would cut off DOGE agents from accessing sensitive OPM systems.

They allege OPM violated federal law by granting “unvetted and untrained” DOGE agents broad access to multiple systems that house personal data on millions of individuals, including current and former federal employees.

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Meanwhile, lawyers for the government argued DOGE personnel who landed at OPM were properly vetted and had been granted IT access necessary to carry out early Trump administration priorities, like the federal hiring freeze. They argued the plaintiffs hadn’t shown any violations of federal law or administrative procedures.

U.S. District Judge Denise Cote told defense attorneys, however, that “one reading” of the administrative record showed there was a “rushed, indeed chaotic granting of access” to sensitive OPM systems. Cote had already denied OPM’s motion to dismiss the case in early April

“I’m a little concerned, because I don’t think the administrative record is one to be proud of,” Cote said.

Cote said she’s prepared to rule on the preliminary injunction “expeditiously.” But first she asked the parties to confer on a possible deal that shows OPM had started following its normal procedures and IT access issues were being “properly addressed.”

The parties agreed to discussions and said they would provide Cote with a status letter by Monday evening.

‘Least privilege’ debate

Much of the hearing Thursday focused on whether OPM officials took the proper steps to determine what kind of access DOGE agents would need to sensitive IT systems, particularly those that contained personally identifiable information.

OPM Chief Information Officer Greg Hogan testified for more than two hours on Thursday. Hogan took over as CIO at OPM on the first day of the Trump administration. He had previously been vice president of infrastructure at an AI firm developing self-driving car technology.

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Hogan was asked whether he followed the principle of “least privilege” when granting DOGE agents administrative access to OPM systems. “Least privilege” is an IT security principle that states users should only be given the minimum level of access needed to do their jobs.

Hogan said several DOGE engineers were initially granted high-level administrative privileges so they could work on several priorities, such as automating hiring processes and implementing the hiring freeze.

“I believe when access was granted to those individuals, the intention was they may have a need to use those permissions,” Hogan said.

Hogan confirmed several DOGE engineers subsequently had some of their access privileges revoked after it was determined they wouldn’t need it.

Meanwhile, former OPM Deputy CIO David Nesting testified in support of the plaintiffs. He was asked about giving individuals access to sensitive IT systems without analyzing whether they need it.

“It would suggest you don’t know what you’re doing,” Nesting said.

Ultimately, Cote appeared convinced OPM officials had sidestepped security processes in the first weeks of the administration. She homed in on Hogan’s testimony that the DOGE agents “may” have needed access.

“The government’s own documents show how important security is,” Cote said. “That’s why the process is important.”

Possible preliminary injunction

Cote said “if” she were to issue a preliminary injunction, it would need to be modified compared to the one proposed by the plaintiffs.

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Assistant U.S. Attorney David E. Farber pushed for one that included carveouts for employees such as OPM’s director, chief of staff and Hogan as the CIO.

The lawyers for both parties spoke favorably about a preliminary injunction process instituted in a separate case that had restricted DOGE access to Treasury Department systems.

The initial preliminary injunction in that case, issued in February by U.S. District Judge Jeannette Vargas, had blocked DOGE access to sensitive Treasury data and ordered the agency to have DOGE team members go through proper security vetting and training.

Earlier this week, Vargas modified that opinion after several DOGE team members had gone through the vetting and training. She ruled the Trump administration no longer had to go to the court to receive approval for DOGE team members to access Treasury systems, but kept restrictions directing Treasury to ensure proper vetting, training and monitoring.

During Thursday’s hearing in the OPM case, Cote said she is a “great admirer” of Vargas, but emphasized that OPM is a “different agency”

“I’m not suggesting any relief issued by this court would be identical” to Vargas’ ruling, Cote said.

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