Lawyers Look to Trump’s Congress Speech as Fresh Evidence in DOGE Case

Clear Facts

• President Trump’s recent address to Congress mentioned Elon Musk as the head of the Department of Government Efficiency (DOGE), sparking legal maneuvers.
• Lawyers challenging DOGE are using Trump’s statement as “new evidence” to clarify Musk’s role, which the White House previously described as advisory.
• The White House maintains that Musk is a Senior Advisor to the President with no formal authority, contrary to Trump’s public remarks.

In a recent twist, legal teams opposing the Department of Government Efficiency (DOGE) have seized upon President Trump’s remarks during his Congressional address. Trump identified Elon Musk as the head of DOGE, a statement that lawyers are now presenting as “new evidence” in ongoing litigation.

Kelly B. McClanahan, representing plaintiffs against the Office of Personnel Management (OPM) over DOGE, quickly used Trump’s comment in a court filing. This move follows previous White House claims that Musk is merely a “senior advisor” to the president, without leadership over the U.S. DOGE Service (USDS).

“I have created the brand new Department of Government Efficiency, DOGE. Perhaps you’ve heard of it,” Trump declared.
“Which is headed by Elon Musk, who is in the gallery tonight.”

Earlier, the White House clarified that Amy Gleason is the acting administrator of USDS, a continuation of the U.S. Digital Service from the Obama era.

The legal filing aims to address the ambiguity surrounding Musk’s official capacity in the administration. Plaintiffs have questioned Musk’s role, suggesting it might be an attempt to evade congressional scrutiny.

McClanahan argued that Trump’s statement “conclusively demonstrates that expedited discovery is urgently needed” to understand DOGE’s structure and its connection to USDS.

Previously, Trump had suggested Musk’s role was more advisory.
“Elon is, to me, a patriot. So you could call him an employee, you could call him a consultant. You could call him whatever you want, but he’s a patriot.”

The White House confirmed Musk’s advisory status in a court filing, noting, “Mr. Musk is an employee of the White House Office. He holds that position as a non-career Special Government Employee (‘SGE’).”

In this capacity, Musk has no formal authority, similar to other senior White House advisors.
“Mr. Musk can only advise the President and communicate the President’s directives.”

The White House has yet to respond to requests for further comment on this matter.

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