In a significant legal development, the White House has clarified the role of Elon Musk amid a lawsuit initiated by 14 Democratic attorneys general aimed at halting his activities related to the controversial DOGE project. On February 17, 2025, Joshua Fisher, the director of the White House’s Office of Administration, submitted a statement to U.S. District Judge Tanya Chutkan, asserting that Musk serves as a non-career Special Government Employee and a Senior Advisor to the President. Fisher emphasized that Musk does not hold any greater authority than other senior advisors and is not the U.S. DOGE Service Administrator.
The lawsuit, spearheaded by the attorneys general from New Mexico, Arizona, and Michigan, accuses Musk of causing significant disruptions to federal agencies, accessing sensitive data, and undermining cybersecurity, which they argue erodes public trust. The coalition of attorneys general also includes representatives from California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Vermont, and Washington.
Judge Chutkan expressed skepticism about the lawsuit’s foundation, indicating that it appears to be based on media reports rather than concrete evidence. “I’m not seeing it so far. It’s sort of like a prophylactic TRO and that’s not allowed,” she remarked, underscoring the courts’ limitations in acting solely based on news coverage.
The plaintiffs contend that Musk’s involvement violates the Constitution’s appointments clause, which mandates that key government positions be filled through presidential appointment with Senate approval. However, a representative from the Justice Department, Harry Graver, countered that Musk and his team had not engaged in any firings or budget cuts themselves; instead, such actions were carried out by officials within the respective federal agencies.
This legal battle highlights the ongoing tensions surrounding Musk’s role in government and the implications of his work on public trust and cybersecurity. As the situation unfolds, it raises critical questions about the intersection of technology, governance, and accountability in the modern era.