The Trump administration clarified in a late-night Monday court filing that Elon Musk is not a DOGE employee, but rather serves as a White House advisor, akin to former Biden advisor Anita Dunn.
The clarification came after D.C. District Court Judge Tanya Chutkan heard arguments in a case brought by 14 state attorneys general against Musk and the Trump administration, alleging illegal executive overreach.
Judge Chutkan expressed skepticism about the harm caused by the Department of Government Efficiency (DOGE) and inquired about any federal employee terminations last week.
Following the hearing, Joshua Fisher, director of the Office of Administration, submitted a declaration stating that Musk is a non-career Special Government Employee and Senior Adviser to the President, similar to Dunn's role under Biden.
Fisher emphasized that Musk has no greater authority than other senior White House advisors and can only advise the President and convey directives.
He clarified that DOGE is distinct from the White House and Musk is not affiliated with the U.S. DOGE Service or U.S. DOGE Service Temporary Organization.
The case revolves around DOGE's actions in 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 AGs filed the suit last week, challenging what they deem as the unlawful delegation of executive power to Musk, citing concerns about data access, federal aid cuts, farmer payments, and worker protection rollbacks.
New Mexico Attorney General Raúl Torrez criticized the move, stating that empowering an unelected billionaire in such ways reflects weakness rather than strength on President Trump's part.
