The White Home mentioned Monday that Elon Musk is technically not a part of the Division of Authorities Effectivity (DOGE), despite the fact that the tech billionaire is claimed to be main its sweeping cost-cutting efforts.
Musk is an worker of the “White House Office” and serves as senior advisor to the president, mentioned Joshua Fisher, director of the White Home Workplace of Administration, in a court docket submitting.
The Tesla and SpaceX CEO will not be an worker of the U.S. DOGE Service or the U.S. DOGE Service Non permanent Group, each of that are separate from the White Home Workplace, in keeping with Fisher.
He’s additionally not U.S. DOGE Service administrator, the pinnacle of DOGE as specified by President Trump’s government order final month establishing the service.
“In his role as a Senior Advisor to the President, Mr. Musk has no greater authority than other senior White House advisors,” Fisher mentioned in his declaration to the court docket.
“Like other senior Whtie House advisors, Mr. Musk has no actual or formal authority to make government decisions himself,” he continued. “Mr. Musk can only advise the President and communicate the President’s directives.”
Fisher in contrast Musk’s position to that of Anita Dunn, who served as a senior advisor to former President Biden.
His declaration comes as a part of a lawsuit introduced by 14 states in opposition to Musk, Trump and DOGE final week, arguing that the federal government position of the world’s richest man is unconstitutional as a result of he has not been confirmed by the Senate.
“Mr. Musk’s seemingly limitless and unchecked power to strip the government of its workforce and eliminate entire departments with the stroke of a pen or click of a mouse would have been shocking to those who won this country’s independence,” the states wrote.
“There is no office of the United States, other than the President, with the full power of the Executive Branch, and the sweeping authority now vested in a single unelected and unconfirmed individual is antithetical to the nation’s entire constitutional structure,” they continued.
The states initially requested the court docket to bar Musk and the DOGE crew from taking a variety of actions, together with making adjustments to authorities contracts, laws, personnel or the disbursement of public funds, in addition to receiving entry to or altering information methods.
Nonetheless, they’ve since narrowed their request, searching for to dam Musk and DOGE from accessing information methods and firing, furloughing or inserting workers on involuntary go away.
The Division of Justice contends that Musk and DOGE don’t have any further authority to make governmental choices.
As an alternative, the Trump administration argues the states are “conflating influence and authority,” emphasizing that “an advisor does not become an officer simply because the officer listens to his advice.”