A recent court filing by the Trump administration clarifies Elon Musk's position as a White House advisor, not a DOGE employee, drawing parallels with former Biden advisor Anita Dunn. This clarification comes after a lawsuit filed by 14 state attorneys general against Musk and the administration, alleging illegal executive overreach.
Judge Tanya Chutkan questioned the alleged harm caused by the Department of Government Efficiency (DOGE) and inquired about federal employee terminations during a recent hearing. In response, Joshua Fisher, director of the Office of Administration, submitted a declaration stating that Musk is a "non-career Special Government Employee" and a Senior Advisor to the President.
Fisher compared Musk's role to that of Anita Dunn, a former top advisor to President Biden. Dunn left the White House in 2024 to join a Democratic super PAC supporting Vice President Kamala Harris's presidential campaign. Fisher emphasized that Musk has no decision-making authority and serves solely as an advisor, communicating the President's directives.
The filing distinguishes DOGE as a separate entity from the White House and clarifies that Musk is not employed by DOGE. The lawsuit centers around DOGE's activities within several federal agencies, including the Office of Personnel Management and the Departments of Education, Labor, Health and Human Services, Energy, Transportation, and Commerce.
The state attorneys general argue that granting Musk access to private data, cutting federal student aid, halting payments to farmers, and dismantling worker protections represents a misuse of executive power. New Mexico Attorney General Raúl Torrez criticized the move, stating it highlights President Trump's weakness rather than strength.
