The Department of Government Efficiency is in a state of flux thanks to a recent court filing by the Trump administration stating that billionaire Elon Musk, the man personally named by President Donald Trump as being in charge of DOGE, is not running the advisory body at all. DOGE has spent the past few weeks hacking its way through the inner workings of the federal government, firing thousands of public servants, and this new court filing has thrown the entire operation into uncertainty. Whether Musk is officially in charge or not could affect DOGE's authority.
What did the commentators say? Despite Trump's previous claim that Musk "will lead" the Department of Government Efficiency alongside since-departed co-leader Vivek Ramaswamy, the president's day-one executive order establishing the group "did not say who its 'administrator' would be," said The New York Times. Nevertheless, Trump "often" refers to Musk as the "functional leader of the DOGE effort" — an ambiguity that deepened with White House official Joshua Fisher's court filing this week, which stated plainly that Musk was simply a White House "adviser" and not the U.S. DOGE service "administrator" or even an "employee" of the U.S. DOGE service.
Sussing out Musk's "exact role" within the DOGE effort "could be key in the legal fight" over the group's activities, said The Associated Press. Framing Musk as a mere adviser can be used to push back against criticism that he has "too much power for someone who isn't elected or Senate-confirmed."
The filing creates "legal insulation" for Musk, said former Deputy Attorney General John Yoo at Fortune. As an adviser without any ability to enact policy on his own, Musk "cannot be sued for DOGE activities," and any suits would "really be against the president or the U.S. government" instead.
What next? The true as-of-yet unstated DOGE administrator could "conceivably" be Musk's longtime "right-hand man," Steve Davis, said the Times. Alternately, it could be Brad Smith, who served in the first Trump administration and has been "intimately involved in DOGE's moves." Whoever the administrator is, they have until October to "submit a report to the president regarding implementation" of various DOGE initiatives.
Ultimately, though, the "issue is not who is 'technically' the administrator, who has the title," Senator Bernie Sanders (I-Vt.) said to CNN. Musk is "clearly running the show." |