Lawyers working on a case against the Department of Government Efficiency (DOGE) found new evidence in President Donald Trump’s speech to Congress on Tuesday night.
During his address, Trump said, “I have created the brand new Department of Government Efficiency, DOGE. Perhaps you’ve heard of it. Perhaps. Which is headed by Elon Musk, who is in the gallery tonight.”
This statement caught the attention of Kelly B. McClanahan, a lawyer representing those suing DOGE. McClanahan quickly filed a document in court, pointing to the quote as “new evidence” and stressing that Trump’s words confirm Elon Musk is in charge of DOGE.
This filing is part of an ongoing legal effort to clarify who is really running DOGE. Even though Musk is not officially listed as the head of the department, he seems to be taking a leading role. Some legal experts believe the lack of clarity around Musk’s position may be a strategy to protect him and DOGE from potential lawsuits.
McClanahan argued that Trump’s comment “clearly shows that expedited discovery is urgently needed” to understand the true nature of DOGE and its connection to the U.S. DOGE Service, which is overseen by Acting Administrator Amy Gleason.
Earlier in the year, the White House revealed that Gleason, a former adviser to the U.S. Digital Service, is acting as DOGE’s administrator. This was after months of questions about who was in charge.
However, Musk continues to play a major role, with the White House repeatedly mentioning his involvement in leading DOGE’s efforts.
Before the announcement of Gleason’s role, White House Press Secretary Karoline Leavitt had stated, “Elon Musk is overseeing DOGE.”
Trump had also said earlier that Musk was in charge of DOGE, mentioning in February that he signed an order to create the Department of Government Efficiency and put Musk in charge.
Despite this, when asked about Musk’s role at DOGE, the White House has called him a special government employee but insists he is not the administrator. In a separate case, Joshua Fisher, a Trump appointee, said Musk is a senior adviser to the president and “has no greater authority than other senior White House advisers.”
Fisher also explained that Musk is an employee in the White House office, not a member of the U.S. DOGE Service or its Temporary Organization, and that Musk is not the DOGE Administrator.
A Justice Department lawyer has not yet responded to requests for comment.
