PolitiLens

'Where is Mr. Musk in all of this?'

 Judges question secrecy of DOGE's activities

      SUMMARY 

• Musk's role in DOGE questioned in court

• DOGE's secrecy complicates legal challenges

Elon Musk's Role in the Department of Government Efficiency Faces Legal Questions

Elon Musk has publicly claimed credit for leading efforts to reduce wasteful government spending in the U.S. He has even appeared at conferences waving a chainsaw to symbolize his cost-cutting efforts. However, in court, things aren’t so clear. A federal judge recently questioned government lawyers about Musk’s role in the Department of Government Efficiency (DOGE), the team responsible for these actions.

Uncertainty About Musk’s Role

During a court hearing, Judge Colleen Kollar-Kotelly asked a government lawyer multiple times about Musk’s involvement, but the answers were vague. The lawyer said Musk is a "close adviser to the president," but didn’t explain exactly what role he plays in DOGE. While Musk has often taken center stage in media and rallies, the White House has stated that Musk is not in charge of DOGE. Instead, Amy Gleason is listed as the “acting administrator” of the department.

Lawsuits Against DOGE

Because of concerns over DOGE’s actions, including cutting programs and accessing sensitive government systems, several lawsuits have been filed to stop the team. Critics argue that DOGE operates without proper oversight, which is typically required for government agencies. The lawsuits claim that DOGE is violating the Constitution by doing things that should require approval from Congress or the Senate. To stop DOGE temporarily, plaintiffs need to show they are facing immediate harm. In one court case, Judge Tanya Chutkan said it was difficult to prove that harm had occurred just based on media reports about DOGE's actions. As a result, she denied a request to stop DOGE’s work for now. However, the case is still ongoing, and lawyers will continue to gather evidence.

Concerns About Security

Some judges, however, have raised concerns about DOGE’s access to sensitive information. Judge Jeannette Vargas temporarily blocked DOGE from accessing Treasury Department systems after learning that a former software engineer, Marko Elez, had left DOGE but might have accessed sensitive data before resigning. The Treasury Department was still reviewing his activities when the decision was made.

A Confusing Status for DOGE

DOGE's unclear status has led to confusion. Some judges have compared DOGE to a "Goldilocks entity"—an organization that isn't considered a government agency when it's inconvenient, but is treated like one when it could cause harm. Judge John Bates dismissed a request to block DOGE's actions, agreeing with the Trump administration's argument that DOGE is not an agency and therefore not subject to certain laws. This adds to the uncertainty about what DOGE actually is and how it should operate.The legal battles continue, and the role of Musk and DOGE will likely remain a topic of debate in the coming months.