White House says Elon Musk is not in charge at DOGE, but is advising the president

WASHINGTON (AP) — The White House says billionaire Elon Musk is not technically part of the Department of Government Efficiency team that is sweeping through federal agencies, but is rather a senior adviser to President Donald Trump.

Musk's exact role could be key in the legal fight over DOGE's access to government data as the Trump administration moves to lay off thousands of federal workers. Defining him as an adviser rather than the administrator in charge of day-to-day operations at DOGE could help the administration as it pushes back against a lawsuit arguing Musk has too much power for someone who isn't elected or Senate-confirmed.

The declaration was filed Monday as the Trump administration fends off the lawsuit from several Democratic states that want to block Musk and the DOGE team from accessing government systems. The litigants say Musk is wielding “virtually unchecked power” in violation of the Constitution.

The Trump administration, on the other hand, says Musk is not a DOGE employee and has “no actual authority to make government decisions himself,” Joshua Fisher, director of the White House Office of Administration, said in court papers. The documents do not name the administrator of DOGE, whose work Musk has championed in posts on his social-media platform X and in a public appearance at the White House.

White House press secretary Karoline Leavitt declined Tuesday to tell reporters at the White House who the DOGE administrator is, though minutes before she said in an interview with Fox News Channel that Musk has been tasked with overseeing the effort on behalf of the president.

Layoffs, she told reporters, are up to individual agency heads. “Elon Musk, just like everybody else across the federal government, works at the direction of President Trump,” Leavitt said.

The DOGE team has roamed from agency to agency, tapping into computer systems, digging into budgets and searching for waste, fraud and abuse, while lawsuits pile up claiming Trump and DOGE are violating the law. At least two are targeting Musk himself.

Last week, Musk called for the U.S. to “delete entire agencies” from the federal government as part of the push to radically cut spending and restructure its priorities.

U.S. District Judge Tanya Chutkan seemed skeptical in a hearing Monday when Justice Department lawyers asserted that Musk has no formal authority.

“I think you stretch too far. I disagree with you there,” Chutkan said.

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Associated Press writer Will Weissert contributed to this story.