Court Filing: White House Now Says Musk is Not Part of DOGE, But a ‘Senior Adviser to Trump’ in Response to Lawsuits

Staff Writer
Elon Musk and President Donald Trump in the Oval Office. (Photo: Archive)

The White House defended itself on Monday, pushing back against growing criticism over Elon Musk’s role in government cost-cutting efforts. In a court filing on Monday, the White House argued that Elon Musk is not part of the Department of Government Efficiency (DOGE), saying that Musk works instead as a “senior adviser to the president.”

Joshua Fisher, director of the White House Office of Administration, explained that Musk works for the “White House Office” and holds the role of senior adviser to President Trump. He emphasized that Musk is not an employee of DOGE or its Temporary Organization, which are separate entities from the White House.

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Fisher also asserted that Musk is not the U.S. DOGE Service administrator, a position created by President Trump’s recent executive order. “In his role as a Senior Advisor to the President, Mr. Musk has no greater authority than other senior White House advisors,” Fisher said in the court document.

He further clarified that Musk has no formal authority to make decisions for the government. “Mr. Musk can only advise the President and communicate the President’s directives,” Fisher added.

This filing responds to a lawsuit filed last week by 14 states, challenging Musk’s role in government. The states argue that Musk’s position is unconstitutional, as he has not been confirmed by the Senate.

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The states also criticized Musk’s influence, claiming that his ability to make sweeping changes to government agencies could undermine the country’s constitutional structure. “There is no office of the United States, other than the President, with the full power of the Executive Branch,” the states wrote. “The sweeping authority now vested in a single unelected and unconfirmed individual is antithetical to the nation’s entire constitutional structure.”

The states initially sought to block Musk and DOGE from making broad changes to government operations, including altering contracts, regulations, and personnel decisions. However, their request has since been narrowed to blocking Musk and DOGE from accessing sensitive data and making personnel changes, such as firing or furloughing federal employees.

In response, the Department of Justice argued that Musk and DOGE do not have any extra authority to make government decisions. The Trump administration has defended Musk’s role, emphasizing that “an advisor does not become an officer simply because the officer listens to his advice.”

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