President Trump is accompanied by Tesla and SpaceX CEO Elon Musk, as well as his son, X Musk, during the signing of an executive order in the Oval Office at the White House on February 11.
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According to a court filing from the White House on Monday, when Elon Musk discusses actions taken by the Department of Government Efficiency, he is not officially participating as an employee or leader of the initiative.
Joshua Fisher, the director of the Office of Administration, states in a declaration that Musk is referred to as a “Senior Advisor to the President” acting as a special government employee, rather than as an employee of the separate U.S. DOGE Service (USDS) or the U.S. DOGE Service Temporary Organization responsible for enhancing government technology and reducing spending or staffing.
“As a Senior Advisor to the President, Mr. Musk does not possess any more authority than other senior advisors,” the filing states. “Like other senior advisors, Mr. Musk does not hold formal authority to make government decisions independently. His role is limited to advising the President and conveying the President’s directives.”
The White House documents indicate that Musk does not serve as the USDS administrator overseeing the DOGE initiative, and it does not clarify who occupies that role.
This revelation arises from a lawsuit brought by Democratic attorneys general from various states, alleging that Musk’s ambiguous role within the administration is unlawful and infringes upon the separation of powers outlined in the U.S. Constitution. They contend that President Trump has “delegated nearly unlimited authority to Mr. Musk without proper legal sanction from Congress.”
During a brief hearing on Monday related to the case, U.S. District Judge Tanya Chutkan exhibited skepticism towards the plaintiffs’ extensive request to cease DOGE operations, yet she also questioned the government lawyers’ assertion that Musk lacked the authority to make governmental decisions.
The distinction of Musk not being the legal head of DOGE contradicts the public statements made by him, by DOGE, and by President Trump regarding Musk’s position within the federal government, raising ongoing concerns about the operations of an initiative that Musk claimed was “maximally transparent.”
Initially, when Trump introduced DOGE, it was presented as an independent review of the government co-led by Musk and former GOP presidential candidate and tech entrepreneur Vivek Ramaswamy.
On his first day in office, Trump signed executive actions that established DOGE as a government entity, rebranding the United States Digital Service and integrating it into the Executive Office of the President.
Just last week, Musk was present in the Oval Office alongside Trump, addressing questions regarding DOGE, mentioning “our actions” aimed at directing agencies to cancel contracts and implement other modifications.
NPR has reached out to the White House for further clarification regarding Musk’s role and the current leadership of DOGE.
If you have any insights related to contracting, spending, DOGE, or other restructuring efforts across the federal government, please reach out to this author. Stephen Fowler can be contacted through encrypted communications on Signal at stphnfwlr.25.
