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The Trump administration provided clarity in a late-night court filing regarding Elon Musk’s role, asserting that he is not an employee of the Department of Government Efficiency, commonly referred to as DOGE. Musk serves as a White House advisor, much like former Biden advisor Anita Dunn.
This clarification follows a session led by D.C. District Court Judge Tanya Chutkan, who listened to arguments presented by 14 state attorneys general against Musk and the Trump administration. The state officials have accused them of engaging in illegal executive overreach.
During the court session, Judge Chutkan expressed skepticism towards the presented arguments. She inquired about the specific harm imposed by DOGE and whether any federal employee dismissals had occurred recently.
After the judge’s remarks, Joshua Fisher, director of the Office of Administration, submitted a signed declaration that outlined Musk’s position. Fisher stated that Musk is indeed an employee of the White House Office, holding the title of a non-career Special Government Employee.
In his advisory capacity, Musk serves as a Senior Adviser to the President. Fisher noted that it is customary for presidents to appoint Senior Advisors with Special Government Employee status. This further highlights his role without suggesting any authoritative powers over federal operations.
Fisher drew parallels between Musk’s advisory role and that of former top Biden advisor Anita Dunn. Dunn, connected with former President Barack Obama, left her position in the Biden White House in 2024 to join a Democratic super PAC focused on supporting Vice President Kamala Harris in the upcoming November 2024 elections.
Dunn played a significant role as a political strategist during Biden’s 2020 campaign and throughout his presidency.
Fisher clearly articulated that Musk does not possess more authority than any other senior advisor at the White House. He emphasized that Musk lacks both actual and formal authority to make governmental decisions.
According to Fisher, Musk’s capacity is limited to providing advice to the President and facilitating communication regarding presidential directives.
Fisher further clarified that DOGE operates independently of the White House. He confirmed that Musk is not associated with the U.S. DOGE Service or its Temporary Organization, reinforcing the separation between his advisory role and the DOGE’s functions.
The legal dispute revolves around DOGE’s activities across seven federal agencies, including the Office of Personnel Management and the Departments of Education, Labor, Health and Human Services, Energy, Transportation, and Commerce.
The state attorneys general announced their intention to file the lawsuit last week, asserting that they aim to challenge what they perceive as the inappropriate delegation of executive power to Musk. Their statement reflects concern over the implications of such actions.
New Mexico Attorney General Raúl Torrez expressed strong opposition to empowering an unelected billionaire with access to sensitive personal data. In his statement, he noted that the delegation of responsibilities to Musk demonstrated President Trump’s weaknesses rather than strengths.
This report incorporates contributions from Fox News journalists Jacqui Heinrich, Anders Hagstrom, Bill Mears, and Jake Gibson, who provided insights into the unfolding situation.
The ongoing legal proceedings and the clarification of Musk’s position as a White House advisor raise important questions about the intersection of business influence and government authority. As the case progresses, it will be crucial to observe how the relationship between Musk, the Trump administration, and governmental operations evolves.