Topline
The Trump administration has increasingly downplayed billionaire Elon Musk’s level of authority in recent days, repeatedly claiming in legal filings he can’t unilaterally make decisions and doesn’t formally run the Department of Government Efficiency he was tapped to lead—even as reports and the billionaire’s own comments indicate Musk has been behind broad cuts throughout the federal government.
Elon Musk and President Donald Trump appear during an executive order signing in the Oval Office at … [+]
Getty ImagesKey Facts
President Donald Trump chose Musk to lead the Department of Government Efficiency that has spearheaded sweeping cuts and changes across the federal government, with the billionaire serving as a special government employee.
A coalition of Democratic-led states have challenged Musk’s authority in court, filing a lawsuit calling the billionaire an “agent of chaos” in the federal government who has been given “virtually unchecked authority … without proper legal authorization from Congress and without meaningful supervision of his activities.”
The Trump administration has responded by claiming Musk does not have the level of authority the states claim—despite DOGE taking broad actions to cut federal agencies that both Trump and Musk have attributed to the Tesla CEO, with Trump saying in a joint press conference with Musk last week about DOGE’s work that Musk is a “successful guy and that’s why we want him doing this.”
In a court filing late Monday, Office of Administration Director Joshua Fisher claimed Musk “has no greater authority than other senior White House advisors” and can’t “make government decisions himself,” alleging Musk “can only advise the President and communicate the President’s directives.”
Fisher also claimed Musk doesn’t work for DOGE despite Trump tapping him to lead the agency and giving him a broad mandate to find waste in the federal government, with Fisher arguing Musk is “an employee in the White House office” and is not an “employee of the U.S. DOGE Service” or the “U.S. DOGE Service Administrator.”
Fisher’s declaration follows other comments DOJ lawyers have made in court, claiming at a hearing Monday that Musk has no “formal or actual authority to make any government decisions himself” and writing in a Saturday court filing there are no examples of Musk being “given formal authority to exercise the sovereign power of the United States.”
What To Watch For
U.S. District Judge Tanya Chutkan is expected to issue a ruling Tuesday on whether to block Musk and DOGE’s access to data at various federal agencies and stop them from making personnel decisions as the litigation moves forward. The judge suggested during a hearing Monday that while she has concerns about DOGE’s level of power, she was skeptical about issuing an order immediately curbing the group and Musk’s work, because the states offered little evidence beyond news reports about DOGE taking any harmful actions that could affect them. Even if the judge declines to issue an order Tuesday restricting Musk and DOGE’s authority, she could still issue one in the future, however, and the litigation challenging Musk will keep moving forward and could result in a more lasting ruling against him.
Chief Critic
Chutkan suggested during Monday’s hearing that she wasn’t swayed by the Trump administration’s claims that Musk doesn’t have any decision-making authority over the federal government, saying that argument “stretch[es]
too far.”
Who’s Running Doge?
It’s unclear who the Trump administration views as DOGE’s formal leader if not Musk, given that Trump appointed the billionaire to lead the group—initially alongside billionaire Vivek Ramaswamy, who later left to launch a gubernatorial run in Ohio. Trump has consistently referred to the billionaire’s work as part of DOGE, saying in an interview before the Super Bowl he told Musk to “check” various federal agencies for purported waste, which is what DOGE has been doing. Musk has also taken credit for DOGE’s work, saying in his press conference with Trump that he works with federal agencies through DOGE and if Trump wants DOGE to do something, “We’ll do it.” A number of employees have been identified as working for DOGE, but none appear to have the level of power Musk does over the agency, and many are known Musk associates who have previously worked for his private companies. The New York Times notes that there is likely a DOGE Service Administrator helping to oversee DOGE’s work, but it’s unclear who that actually is, and the White House has declined to specify. Possible administrators include Musk’s longtime lieutenant Steve Davis or Brad Smith, a healthcare entrepreneur and official in Trump’s first term who was reportedly running DOGE during the transition.
Who Are Doge’s Team Members?
In addition to Davis and Smith, other staffers who have been identified as working for DOGE include Katie Miller, wife of Trump advisor Stephen Miller, and a number of engineers and low-level staffers who have assumed broad control across the federal government through DOGE. Many of those staffers have drawn controversy due to their young age—many are under the age of 25—and lack of relevant government experience, with many being students, recent graduates or college dropouts who are engineers with a tech background. Those staffers include Marko Elez, a 25-year-old whom Musk said he would rehire after Elez resigned amid reports about his racist tweets, and Edward Coristine, a 19-year-old who’s gone by the nickname “Big Balls” online and whom Bloomberg reports was previously fired from a cybersecurity firm for leaking company secrets.
How Much Is Elon Musk Getting Paid For Doge?
Musk—the richest person in the world—is not getting paid for his DOGE work.
What Is A Special Government Employee?
A special government employee, or SGE, is a federal employee who works for the federal government on a temporary basis, which is defined in federal law as being no more than 130 days per year. They can be either paid or unpaid, as Musk is. SGEs are typically hired as specialists or consultants, NPR notes, or members of government advisory boards. They still have to follow ethics rules designed to prevent conflicts of interest, but Musk has not had to divest from any of his private companies.
Key Background
Musk joined the Trump administration after becoming one of the president’s most outspoken supporters—and biggest donors—during the election. The billionaire first endorsed Trump over the summer following the assassination attempt on the president, and repeatedly suggested during the election he could help Trump root out “government waste.” Trump then announced the creation of DOGE shortly after his election. DOGE has drawn controversy since Trump’s inauguration for its widespread activities across the federal government, as officials have gained access to sensitive information at numerous federal agencies and been linked to mass firings across the federal workforce. The Democratic states’ lawsuit challenging Musk’s authority is one of numerous lawsuits that have been filed over DOGE’s work in recent weeks, including multiple cases challenging Trump’s authority to create the group and litigation seeking to block the group’s access to private information. The cases have so far resulted in a mix of temporary rulings as they move forward, with judges blocking DOGE’s access to Treasury Department data but keeping officials’ access intact at other agencies, such as the Departments of Labor and Education.
Further Reading
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