The Justice Department clarified in a recent court filing that Elon Musk, a senior adviser to President Trump, does not hold independent power to fire federal employees or make personnel decisions at government agencies. The filing dismisses claims from critics who alleged Musk had unchecked authority within the federal bureaucracy.
Musk is not officially part of the U.S. Department of Government Efficiency (DOGE) or its Temporary Service Organization, according to Joshua Fisher, director of the Office of Administration. Instead, Musk serves as a non-career special government employee and adviser to President Trump, with no formal government decision-making authority.
The filing came as part of a lawsuit filed by a coalition of Democrat-led states, which accused Musk of abusing power with President Trump's approval. The states alleged Musk caused disruption by "unraveling agencies, accessing sensitive data, and creating chaos" across federal operations. They described Musk’s role as a “threat to the nation” and criticized President Trump for being “oblivious” to these risks.
However, the Justice Department directly refuted these claims. Fisher stated in a sworn declaration, “Mr. Musk is not the U.S. DOGE Service administrator. He has no actual or formal authority to make government decisions himself.” This includes personnel decisions, which are explicitly outside Musk's purview.
The Justice Department further clarified Musk’s role, likening it to the position Anita Dunn held as a senior adviser to President Biden. Fisher emphasized that Musk, like other senior White House advisers, remains limited in his authority to oversee federal agencies. While White House press secretary Karoline Leavitt said Musk is "overseeing DOGE on behalf of the president," his role remains advisory in nature.
President Trump established the DOGE through an executive order on January 20. The initiative rebranded the Obama-era U.S. Digital Service into the U.S. Department of Government Efficiency. Each federal agency was directed to form a “DOGE team” to improve coordination with the White House office. Despite claims that Musk heads DOGE, the Justice Department confirmed he holds no official position within the department.
The case is being heard by U.S. District Judge Tanya Chutkan, who has presided over other high-profile cases involving President Trump. The lawsuit underscores a broader debate about the concentration of power in the executive branch and the role of private-sector figures like Musk in federal governance.
Critics fear Musk’s high-profile position could lead to overreach, while supporters argue his expertise brings innovation to government operations. The lawsuit's outcome could set precedents for the boundaries of advisory roles in future administrations.
What do you think about the Justice Department’s clarification on Elon Musk’s role? Should private-sector figures like Musk play a larger role in government, or do these positions pose risks? Share your comments below.
