As Elon Musk continues to make waves in the federal government, canceling contracts and dismantling entire departments, his actual role remains shrouded in mystery. Despite Musk’s claims that the Department of Government Efficiency (DOGE) operates with “maximum transparency,” details surrounding his official position have only become more unclear.

Uncertainty Surrounding Musk’s Official Position

For weeks after President Trump’s inauguration, it remained uncertain whether Musk was even officially part of the government. Two weeks into the administration, the White House confirmed that Musk was serving as a “special government employee,” but refused to provide further clarification on his role.

That changed on Monday, when White House aide Joshua Fisher, under oath, shed some light on Musk’s position during court proceedings in an ongoing lawsuit. However, Fisher’s declaration only seemed to deepen the confusion.

White House Senior Adviser — But No Formal Authority?

Fisher revealed that Musk holds the position of a White House senior adviser to the President. According to Fisher, Musk holds “no greater authority than other senior White House advisers,” meaning he does not have the power to make government decisions independently. His role, it seems, is limited to advising the President and communicating the President’s directives.

But what about DOGE, the executive branch entity that Trump created and Musk was expected to lead? Fisher clarified that Musk is neither the head of DOGE nor an employee of the US DOGE Service. However, the administration has yet to disclose who officially runs it.

This situation is perplexing. In November, Trump himself announced that Musk would lead DOGE, and both the President and Musk have consistently presented Musk as the leader. Yet, the administration now claims, in legal terms, that he is not in charge, despite his evident involvement.

A Veiled Approach to Shield Musk

This lack of clarity seems intentional, potentially aimed at shielding Musk from scrutiny while ensuring his actions remain legally justifiable. By claiming that Musk merely serves as an adviser and the President retains ultimate authority, the administration can avoid potential legal challenges, especially regarding ethics and accountability.

The Defensible and Dubious Claims About Musk’s Role

In Fisher’s declaration, two claims stand out. One is defensible, while the other raises serious doubts.

Defensible Claim: Musk’s role as a senior adviser to the President is within the bounds of typical White House operations. Throughout recent administrations, powerful advisers have had significant influence over policy decisions, such as Stephen Miller during Trump’s first term. Musk’s power stems from his close relationship with the President, and the perception that he acts with Trump’s approval gives his directives weight.

Dubious Claim: Fisher’s assertion that Musk does not lead DOGE or even work for it seems more misleading than accurate. While it is true on paper that Musk is not the official head of DOGE, in practice, his influence is undeniable. DOGE’s structure involves smaller teams within each agency, coordinated by the main DOGE. These teams are informally loyal to Musk, and their actions align with his directives, even if he is not technically their boss.

Musk’s Informal Control of DOGE

The structure of DOGE, which includes mini-DOGE teams in each agency, reflects an attempt to place Musk’s informal influence above institutional loyalty. While these teams officially report to their respective agencies, they are staffed by Musk’s allies, ensuring that his guidance holds significant weight.

Thus, Musk may not formally run DOGE, but his role as an adviser allows him to steer its actions through informal channels. His authority ultimately comes from the President, but it’s clear that Musk wields substantial power within the operation.

Legal Questions and Future Implications

The contradiction between Musk’s supposed lack of authority and his apparent leadership of DOGE is likely to raise eyebrows in the ongoing lawsuit. Judge Tanya Chutkan, who is overseeing the case, has yet to intervene directly in DOGE’s activities, but with a declaration that feels evasive and incomplete, further scrutiny may be on the horizon.