Topline
Trump's Legal Representative Minimizes Elon Musk's Influence in Court Proceeding; Understanding Musk's Role Regarding DOGE Cryptocurrency
A Trump administration lawyer argued on Monday that Elon Musk isn't exerting any "authority" over the federal government, following a lawsuit from 14 states against Musk's Department of Government Efficiency (DOGE). The states allege that Musk's supposed "unlawful delegation of executive power" to DOGE has caused widespread disruption, as criticism of Musk's increasingly influential agency continues to mount.
Timeline
Feb. 17: U.S. District Judge Tanya Chutkan held a court hearing regarding Democratic state attorneys general's request to stop DOGE from gaining access to confidential data and terminating federal employees. A Trump administration lawyer argued that the states lacked a case as Musk held no formal or actual authority to make decisions. However, Chutkan later stated that the government's defense of Musk went "too far," given his private citizen status and the federal government's data access given to DOGE.
Feb. 17: DOGE reportedly sought access to the Internal Revenue Service system (IDRS), potentially allowing it to view the financial details of every taxpayer and business in the country.
On its X account, DOGE also stated it was looking into an alleged anomaly in the Social Security system, which lists millions of people over the age of 110 as recipients – a comment Musk linked to "vampire" recipients of Social Security aid.
Feb. 13: Attorneys general from New Mexico, Arizona, Michigan, and 11 other states sued Musk, DOGE, and President Trump, alleging Musk's "virtually unchecked authority" is unconstitutional and alleging that Trump transformed a minor position into an "agent of chaos" with no limitations.
11:40 p.m EST, Feb. 12: DOGE announced its official website was live, featuring sections for job applications, a chart of government employee breakdowns, and a savings page.
5:45 p.m. EST, Feb. 11: Trump issued an executive order directing government agencies to consult with DOGE on hiring approval, ratios, and hiring plans aimed at reducing the federal workforce and cutting waste.
4:30 p.m. EST, Feb. 11: Speaking in the Oval Office with Trump, Musk defended DOGE's actions, claiming they'd been transparent by posting their activities on X and their own website.
Feb. 11: DOGE's press secretary posted on X that Musk and Trump were providing "the TRUTH about DOGE!" Depending on the outlet, numerous officials showed interest in DOGE's involvement in scrutinizing government efficiency.
Feb. 8: Judge Paul Engelmayer issued an order blocking Musk's government efficiency agency from accessing Treasury payments, citing the risk of hacking and sensitive information exposure.
Feb. 7: 19 Democratic state attorneys-general sued Trump and Treasury Secretary Scott Bessent for giving access to government payment systems to DOGE, alleging violations of law and endangering personal information.
3:13 p.m. EST, Feb. 7: DOGE reinstated Marko Elez, a staffer who resigned after offensive tweets came to light, after president and co-founder Vance announced his support for Elez's return.
Feb. 11: Our Website uncovered a number of controversial social media posts by DOGE emissary Gavin Kliger, including callous remarks about former Democratic presidential candidate Hillary Clinton and anti-immigrant views.
2:41 p.m. EST, Feb. 7: Bloomberg reported that 19-year-old DOGE agent Edward Coristine had previously been fired from an internship for leaking sensitive information.
What Is Doge?
Initially floated by Musk in 2016, DOGE is a division of the U.S. Digital Service that aims to streamline federal technology and cut waste, now serving under an executive order by President Trump given on his first day in office.
While Musk's involvement is controversial, the role of DOGE special government employees (SGEs) falls under temporary agreements, protecting them from conflicts of interest and political activity while on duty. In place since 1962, SGEs are intended to bring specialized expertise to governmental projects without extensive public documentation requirements.
Selected Enrichment Data
Elon Musk's Legal Status
Musk's designation as a special government employee (SGE) allows him temporary appointments to the federal government, lasting for up to 130 days in a 365-day period. As an SGE, Musk can provide specialized expertise without filing a public financial disclosure report, through the authority established in 1962 to enable the government to tap outside talent for limited periods. This small-scale loophole allows public and private interests to collaborate without over-burdening the confines of federal employment, while stringent ethics regulations require SGEs to avoid participating in matters that could create conflicts of interest or involve political activity.
Notably, while an SGE designation permits Musk to receive compensation, he is reportedly not being paid for his work within the White House. However, Musk's extensive business affiliations, such as his ownership of SpaceX and Tesla, raise concerns about potential conflicts of interest.
Further Reading
Unions Sue To Stop Elon Musk's DOGE From Accessing Treasury Department Data (Our Website)
Elon Musk's Team Now Has Access to Treasury's Payments System (New York Times)
Elon Musk's DOGE Team Mines for Fraud at Medicare and Medicaid Agency CMS (Bloomberg)
What is Elon Musk's Role, Exactly? White House Calls Him 'Special Government Employee' — Here's What That Means (Our Website)
- Despite Elon Musk's role as a special government employee in the Department of Government Efficiency (DOGE), 14 states have accused him of unconstitutionally delegating executive power and causing disruptions, claiming his actions are unlawful grants of authority.
- Critics argue that Elon Musk's involvement in DOGE, including seeking access to the Internal Revenue Service system and the Social Security system, could lead to unconstitutional efficiencies, potentially infringing on psycho-social rights and privacy.
- The Trump administration lawyer's argument that Musk has no actual authority over the federal government is questionable, as his unconstitutional delegation of power and subsequent grants could have far-reaching implications for business operations and government efficiencies.
