White House Denies Elon Musk's Control over "Department of Government Efficiency"
In a recent affidavit, a Trump administration official refutes claims that Elon Musk leads the Department of Government Efficiency (DOGE). The document contradicts prior public statements indicating Musk's involvement.
Current White House Position
The affidavit asserts that Musk holds no official decision-making authority within DOGE. He is described as a "senior adviser" to the President, with limited advisory and communication responsibilities.
Previous Statements and Legal Challenges
The affidavit contradicts previous statements from the White House, including Trump's announcement that Musk would head DOGE. State attorneys general have filed a lawsuit challenging DOGE's actions, arguing that Musk's appointment violates the "appointments clause" of the Constitution.
Legal Status of Musk and DOGE
The Justice Department claims that Musk is a "special government employee," exempt from Senate confirmation. The legal status of DOGE remains uncertain, with the Justice Department alternately classifying it as an agency and excluding it from open records laws.
Experts React
Law experts question the administration's position, noting that the Constitution requires "principal officers" with significant authority to be appointed by the President and confirmed by the Senate. They argue that renaming Musk's role does not evade constitutional obligations.
Benefits to White House
Classifying Musk as an adviser rather than the head of DOGE may shield him from confirmation hearings and protect communications with the President from disclosure under executive privilege.
Recent Court Ruling
On Tuesday, a federal judge declined to issue a temporary restraining order against DOGE, but acknowledged concerns about the constitutionality of Musk's role. The judge recognized that the states had raised "serious implications" regarding the unchecked authority of an unelected individual and an entity lacking congressional oversight.