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The White House Clarifies Elon Musk’s Lack of Formal Authority over DOGE

The White House Sets the Record Straight on Elon Musk's Influence Over DOGE

A recent filing in court by the White House claims that Elon Musk has no “actual or formal authority.” Although Musk is often referred to as DOGE’s leader, his job title remains “unlisted,” as reported by BI. An email sent to the newly rebranded DOGE agency failed to clarify who the leader is.

Musk is frequently called the leader of the Department of Government Efficiency. However, the recent court document indicates that he has “no actual or formal authority to make government decisions independently.” Joshua Fisher, director of the Office of Administration, stated, “In his role as Senior Advisor to the President, Mr. Musk has no greater authority than other senior White House advisors. Like them, he has no actual or formal authority to make government decisions himself.” Fisher likened Musk’s role to that of senior advisor Anita Dunn in President Joe Biden’s administration.

On Tuesday afternoon, Trump addressed reporters, describing Musk in various terms: “You could call him an employee, you could call him a consultant, you could call him whatever you want. To me, Elon is a patriot,” he said after signing several executive orders at his Mar-a-Lago club in Florida.

According to a White House record, Musk’s official title is still “unlisted.” When Trump established DOGE through executive order, it was integrated into the White House by transforming the US Digital Service into the US DOGE Service. The executive order mentioned that an “administrator” would lead the agency but did not specify who that individual would be.

The court filing released on Monday clarifies Musk’s role with DOGE, stating, “He is not an employee of the US DOGE Service or US DOGE Service Temporary Organization. Mr. Musk is not the US DOGE Service Administrator.” An email sent from an ‘admin’ account to USDS employees did not clarify the leadership situation either. This email, obtained by BI, instructed all staff to return to in-person work by April 15 but did not specify the identity of DOGE’s leadership. The email was signed as “US DOGE Service.”

Earlier this month, a White House spokesperson informed BI that Musk is classified as a special government employee, a designation that allows him to sidestep certain ethics and conflict-of-interest regulations applied to federal employees. He will not receive payment and is limited to serving no more than 130 days each year.

Despite the ambiguity regarding his official title, Musk and DOGE are influencing significant changes across federal agencies, resulting in cuts and employee terminations. The organizational structure of DOGE is critical, not only for internal operations but also for implications regarding record-keeping.

Katie Miller, a spokesperson for DOGE, noted on X that since the organization is part of the Executive Office of the President, it falls under the jurisdiction of the Presidential Records Act. This stipulation means that DOGE’s records could be sealed until at least five years after Trump’s presidency ends in 2029.

DOGE is expected to complete its tasks by July 4, 2026, coinciding with the 250th anniversary of American independence. Representatives from the White House, Musk, and DOGE did not respond to inquiries from BI. Jack Newsham contributed to this report.

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