Elon Musk is — according to a new legal filing from the US government — not running the Department of Government Efficiency (DOGE), despite his leadership appointment by President Donald Trump. In fact, claims the new White House declaration, he isn’t technically even a DOGE employee despite representing himself as the key decision maker behind its activity.
The affidavit filed on Monday by Joshua Fisher, the director of the White House’s Office of Administration, asserts that Musk is employed by the White House Office as a “senior adviser to the President,” a position with no greater authority than any other White House advisor. The White House has previously said Musk is serving under the classification of a special government employee, a designation it repeats here.
“Mr. Musk has no actual or formal authority to make government decisions himself,” said Fisher, citing his personal involvement with Musk’s appointment. “Mr. Musk can only advise the President and communicate the President’s directives.”
The affidavit was filed as part of a legal battle with a dozen state-level attorneys general, who have accused Trump of “creating a new federal Department without Congressional approval and by granting Musk sweeping powers over the entire federal government without seeking the advice and consent of the Senate.” It’s one of numerous lawsuits filed against DOGE, some of which have led to limits on its access to government data.
The affidavit seemingly contradicts statements from President Trump himself that credit Musk with leading DOGE, and follows the unofficial “department” gaining unprecedented access to sensitive US financial systems. Even if Musk isn’t leading DOGE on paper, he’s had outspoken influence over the cost-cutting organization and acted as its de facto public spokesperson.
Musk’s supposedly true position will likely be a surprise to many people, despite the billionaire claiming that DOGE has been “maximally transparent” about all its activities. But the group’s design has always been slippery — until Trump took office, he and Musk represented it as a group “outside the government” that could work with White House agencies and a congressional subcommittee to legally reevaluate government spending. “We are entrepreneurs, not politicians,” Musk and Ramaswamy told The Wall Street Journal regarding their plans for the advisory group. “We will serve as outside volunteers, not federal officials or employees.”
