WASHINGTON (AP) — The White House has clarified that billionaire Elon Musk is not overseeing the Department of Government Efficiency (DOGE) as it conducts reviews across federal agencies. Instead, he serves as a senior adviser to President Donald Trump.
Musk’s specific position may play a crucial role in the ongoing legal battle regarding DOGE’s access to government data, especially as the Trump administration prepares to lay off numerous federal employees. By defining Musk as an adviser rather than someone managing the daily operations of DOGE, the administration could strengthen its defense against a lawsuit claiming Musk holds excessive power without being elected or confirmed by the Senate.
This assertion was made public on Monday as the Trump administration responds to a lawsuit from several Democratic states seeking to prevent Musk and the DOGE team from accessing government systems. The plaintiffs argue that Musk is exercising “virtually unchecked power,” thereby violating the Constitution.
In contrast, the Trump administration maintains that Musk possesses “no actual authority to make government decisions independently,” according to Joshua Fisher, director of the White House Office of Administration, in court documents. These documents do not identify the actual administrator of DOGE, whose initiatives Musk has supported on his social media platform, X, and in a public appearance at the White House.
The DOGE team has been visiting various agencies, accessing computer systems, analyzing budgets, and hunting for instances of waste, fraud, and abuse, all while lawsuits accumulate asserting that Trump and DOGE are breaching the law. At least two of these lawsuits directly target Musk.
During a hearing on Monday, U.S. District Judge Tanya Chutkan expressed doubt when Justice Department attorneys claimed Musk lacks formal authority.
“I think you stretch too far. I disagree with you there,” Chutkan remarked.
