Tech billionaire Elon Musk might not truly be leading the Department of Government Efficiency (DOGE), despite what President Donald Trump and his allies have said in previous weeks, according to new court documents reviewed by Newsweek.

Newsweek has reached out to the White House via email on Monday night for comment.

Why It Matters

DOGE, a nongovernmental task force, is reportedly working to cut wasteful federal spending and has been granted access to “sensitive Treasury data,” including Social Security and Medicare customer payment systems.

Musk has been working as a “special government employee,” the White House says, and he does not receive a paycheck for his work. Given his reported influence, Democratic lawmakers have accused Musk of mounting a “hostile takeover” of the government, a claim that Musk and the Trump administration deny.

What To Know

Joshua Fisher, the director of the Office of Administration, wrote a court declaration to share that Musk is “an employee of the White House Office” and “holds a position as a non-career Special Government Employee.”

“Like other senior White House advisors, Mr Musk has no actual or formal authority to make government decisions himself,” it said.

Fisher’s filing, made in a case brought against Musk by the State of New Mexico, said that Musk was not an employee of the U.S. DOGE Service, or the U.S. DOGE Service Temporary Organization and added: “Mr. Musk is not the U.S. DOGE Service Administrator.”

The filing did not state the name of another DOGE administrator.

Fisher compared Musk’s role to that of Anita Dunn, former President Joe Biden‘s senior advisor.

Despite Fisher’s court declaration, President Donald Trump announced soon after he won the November presidential election that Musk, who played a large role in his election campaign since July, and Vivek Ramaswamy would lead his Department of Government Efficiency. Trump made the announcement in a statement.

“Together, these two wonderful Americans will pave the way for my Administration to dismantle Government Bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure Federal Agencies – Essential to the ‘Save America’ Movement,” Trump wrote. “I look forward to Elon and Vivek making changes to the Federal Bureaucracy with an eye on efficiency and, at the same time, making life better for all Americans.”

Ramaswamy, however, indicated that he would run for governor shortly into his partnership with Musk. He ended up departing DOGE, just one day after Trump took office.

Fisher’s court document is part of the filings around a legal effort by 14 states’ Democratic attorneys general to bar Musk from exerting influence onto the federal government. The lawsuit argues that Musk’s power remains unchecked.

At a hearing on Monday, Judge Tanya Chutkan challenged the federal authority of Musk and DOGE but expressed skepticism over a request to block DOGE from accessing sensitive data and terminating employees at multiple federal agencies.

Protestors across the country have organized against Musk’s DOGE efforts on multiple occasions, particularly during The 50501 Movement—or 50 states, 50 protests, one day — demonstrations across the nation to “fight Fascism” on February 5.

However, eight out of 11 people in a focus group by Engagious/Sago recently said they approve of Musk’s DOGE efforts.

What People Are Saying

New Mexico Attorney General Raul Torez, on behalf of the 14 plaintiffs in the case against Musk: “Starting this Wednesday, February 19, 2025, they plan to engage in mass firings of employees at civil rights and employment discrimination offices within ED [Education Department], whose existence is mandated by law.

“Each of the departments and agencies identified in Plaintiffs’ revised proposed order are reflected in recently published DOGE documents as Mr. Musk’s and DOGE’s targets for massive reductions.”

Chutkan said during an hourlong hearing on Monday: “DOGE appears to be moving in no sort of predictable and orderly fashion and plaintiffs are obviously scrambling to find out what’s next.”

Protester Laura Olson told Newsweek at the 50501 Movement protest in Boston: “Nobody elected Musk. He’s destroying our government.”

Musk on X: “I love the people. We just want to fix the waste and fraud that is bankrupting the country. The scrutiny on me is extreme, so it’s not like I could ‘get away’ with something, nor do I have any incentive to do so.”

What’s Next

Chutkan said she would issue a ruling within 24 hours.