Elon Musk Not Running DOGE, White House Affirms in Lawsuit Response
In a recent affidavit filed in federal court, a Trump administration official states that Elon Musk is not in charge of the Department of Government Efficiency (DOGE), challenging claims by state attorneys general and contradicting previous statements by the White House.
The affidavit maintains that Musk, despite public perceptions to the contrary, is solely a senior advisor to the president and has no official decision-making authority. This claim aims to counter arguments that Musk's significant involvement in DOGE's operations violates the Constitution's appointments clause.
However, past statements by the administration and Musk's prominent role in the initiative, including announcements and press conferences, contradict the affidavit's assertions.
Under constitutional law, "principal officers" exercising substantial authority must be appointed and confirmed. The administration classifies Musk as a "special government employee," a less formal role.
The legal status of DOGE has also been in flux, arguing in court that it functions as an agency for certain purposes, such as data access, but not others, like open records compliance.
Legal experts question the administration's stance, noting that redefining roles cannot circumvent constitutional requirements. Assigning Musk as an advisor rather than a department head could benefit the White House by avoiding confirmation hearings and potentially invoking executive privilege to shield communications.
Despite denying a temporary restraining order, a judge acknowledged the states' valid concerns about Musk's authority and the potential constitutional implications.