Analysis: Elon Musk’s role in the government is a key question in a number of court cases

 

Analysis: Elon Musk’s role in the government is a key question in a number of court cases


Elon Musk’s role isn’t just on President Donald Trump’s mind at his Cabinet meetings in the White House. It’s central to many of the court fights over the Department of Government Efficiency and the downsizing of federal agencies.

A well-respected federal judge in Washington pelted Justice Department lawyers last week with questions about what was happening inside the Treasury Department, like: Who’s in charge? Who’s giving DOGE staffers within the agency direction? Where is Musk in all of it?

But the judge ultimately declined to intervene because of a lack of evidence showing DOGE staffers were clearly putting the department’s confidential private data at risk. It’s one of a handful of privacy-related cases that have fallen short to this point.

But there’s another approach to watch: More, bigger cases are in the pipeline based on arguments that Musk and DOGE have ultimately orchestrated the funding and staffing cuts, rather than Senate-confirmed heads of agencies — potentially in violation of the Constitution.

Plaintiffs in at least two of those cases this week alerted courts that Trump said in his address to Congress Musk was “head” of DOGE. And the groups bringing the suits say it’s too late for Trump to now imply Cabinet members are the ones calling the shots.

Musk’s role may also be part of a much-anticipated hearing next Thursday in San Francisco’s federal court, where a judge has restricted the Office of Personnel Management from giving orders to agencies to fire large numbers of workers.

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