The White House on Monday sought to clarify Elon Musk’s role in the federal government, stating that the billionaire entrepreneur is not officially part of the newly created Department of Government Efficiency (DOGE), despite reports that he is leading its aggressive cost-cutting initiatives.
According to a court filing from Joshua Fisher, director of the White House Office of Administration, Musk is an employee of the “White House Office” and serves as a senior adviser to President Trump. However, he is not a formal employee of DOGE or its related agencies, nor does he hold the title of U.S. DOGE Service administrator—the position designated to lead the department under Trump’s executive order last month.
“In his role as a Senior Advisor to the President, Mr. Musk has no greater authority than other senior White House advisors,” Fisher stated in his declaration to the court. “Like other senior White House advisors, Mr. Musk has no actual or formal authority to make government decisions himself. Mr. Musk can only advise the President and communicate the President’s directives.”
The clarification comes in response to a lawsuit filed last week by 14 states challenging Musk’s role, arguing that his involvement in government affairs is unconstitutional because he has not been confirmed by the Senate. The states contend that Musk’s influence over sweeping government changes—including potential mass layoffs and department eliminations—grants him excessive and unchecked power.
“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 lawsuit states.
Initially, the states sought an injunction barring Musk and DOGE from making changes to government contracts, regulations, personnel, or federal spending. However, they have since narrowed their request, now focusing on preventing Musk and DOGE from accessing federal data systems and enacting employee terminations, furloughs, or involuntary leave.
The Department of Justice has pushed back against the lawsuit, arguing that Musk holds no formal decision-making power and that his role as an adviser is no different from that of past presidential aides. “An advisor does not become an officer simply because the officer listens to his advice,” the administration stated.
Despite the legal challenge, Musk’s presence in Washington continues to draw scrutiny. His influence—whether formal or informal—has already made waves across federal agencies, with reports of proposed budget cuts and restructuring efforts stirring concerns among lawmakers and government employees alike.