Elon Musk Not Running DOGE, White House Affirms
In a recent affidavit filed in federal court, a Trump administration official declares that tech magnate Elon Musk does not oversee the Department of Government Efficiency (DOGE). This contradicts previous public statements and claims by state attorneys general that Musk holds significant decision-making power within the department.
Trump Administration's Legal Maneuvering
The affidavit, filed by Department of Justice attorneys, seeks to refute claims that the administration violated the Constitution's appointments clause by appointing Musk without Senate confirmation. It asserts that Musk is merely a "senior adviser" to the president, lacking any formal authority to make independent government decisions.
Controversy Over Musk's Involvement
Despite the affidavit's claims, conflicting evidence suggests a more active role for Musk in DOGE. Upon its launch, Trump announced Musk and Vivek Ramaswamy as co-leaders. Moreover, Musk has provided real-time updates on the department's operations and played a prominent role in White House press conferences on the initiative.
Legal Arguments and Uncertainty
"Principal officers" with significant authority must be presidentially appointed and Senate-confirmed. The administration classifies Musk as a "special government employee," which raises questions about DOGE's legal status. Additionally, the affidavit fails to identify who holds the actual leadership of the department.
Experts Weigh In
Georgetown University law professor David Super expresses skepticism towards the administration's position, citing constitutional principles that prohibit circumventing constitutional rules through relabeling. He argues that if Musk exerts substantial control, his title as an adviser may not absolve the administration from its constitutional obligations.
Implications for the White House
Designating Musk as an adviser rather than a department head offers potential advantages for the White House. It exempts Musk from confirmation hearings and may allow Trump to assert executive privilege over communications with him, shielding them from public scrutiny.
Legal Proceedings Continue
In a recent ruling, Judge Tanya Chutkan declined to grant a temporary restraining order against DOGE, citing insufficient evidence of irreparable harm. However, she acknowledged the states' concerns regarding Musk's constitutional role and its "serious implications."