White House says Elon Musk doesn't have any 'formal authority' over DOGE

• A recent White House court filing says Musk lacks any "actual or formal authority."
• Musk isn't technically DOGE's leader and his job title is "unlisted," as BI previously reported.
• A recent email sent to the newly rebranded DOGE agency didn't specify who the leader is.

Elon Musk is often called the leader of the Department of Government Efficiency. But a recent White House court filing said the assumed leader of DOGE has "no actual or formal authority to make government decisions himself."

"In his role as Senior Advisor to the President, Mr. Musk has no greater authority than other senior White House advisors," Office of Administration Director Joshua Fisher wrote in the filing. "Like other senior White House advisors, Mr. Musk has no actual or formal authority to make government decisions himself."

His position is akin to senior advisor Anita Dunn's role in former President Joe Biden's White House, Fischer wrote.

During a February 11 executive order signing that granted DOGE more power, President Trump said DOGE was Musk's "team."

Musk's job title, according to a White House record, is "unlisted," as Business Insider previously reported. When Trump created DOGE via executive order, he incorporated it into the White House by turning the US Digital Service into the US DOGE Service. The executive order said that an "administrator" would lead DOGE without specifying who filled the role.

Monday's court filing leaves little up for debate about Musk's relationship to DOGE.

"He is not an employee of the US DOGE Service or US DOGE Service Temporary Organization. Mr. Musk is not the US DOGE Service Administrator," it reads.

A return-to-work email sent from an email account called "admin" to USDS employees didn't shed any light on who is leading the commission. The email notified all staff that they must begin working in person by April 15 but didn't specify who is leading the rebranded USDS, according to a copy reviewed by BI. The email from "admin" was signed "US DOGE Service."

Earlier this month, a White House spokesman told BI Musk is a special government employee, a title that exempts him from the typical ethics and conflict-of-interest rules that federal workers face. He won't be paid and can't serve for more than 130 days per year.

A top White House official said in a federal court filing on Monday that Musk is a senior advisor to President Donald Trump.

Trump also called DOGE Elon's team during the signing of an executive order on February 11 giving DOGE greater power.

"Could you mention some of the things that your team has found, some of the crazy numbers, including the woman that walked away with about $30 million?" Trump said, turning to Musk who joined him in the Oval Office.

Official title — or lack thereof — aside, Musk and DOGE are sending shockwaves throughout the federal government, cutting entire agencies and terminating federal employees.

DOGE's organizational structure carries importance beyond just how Musk and its staffers do their business.

Katie Miller, a spokesperson for DOGE, previously wrote on X that since the group is part of the Executive Officer of the President, its records are subject to the Presidential Records Act. By making such a claim, the White House would effectively seal DOGE's records until at least five years after Trump leaves office in 2029.

DOGE is scheduled to complete its work by July 4, 2026, in time for the 250th anniversary of the US' independence.

Representatives for the White House, Musk, and DOGE did not respond to a request for comment from BI.

Jack Newsham contributed to reporting.

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