A divided federal appeals court set aside a court order that had blocked the government downsizing team created by U.S. President Donald Trump and led by Elon Musk from seizing sensitive data from the Treasury Department, Education Department and Office of Personnel Management.

In a 2-1 vote, the 4th U.S. Circuit Court of Appeals lifted a stay imposed by a Maryland federal judge against the Department of Government Efficiency.

The appeals court also voted 8-7 against considering the matter “en banc,” meaning all active judges would decide.

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