US Court Denies Musk and Government Efficiency Department's Request to Suspend Authority... Controversy Continues

A U.S. court has tentatively ruled in favor of Elon Musk, CEO of Tesla and head of the Department of Government Efficiency (DOGE), in a lawsuit filed by 14 Democratic-led states. However, controversy surrounding Musk's role and the status of DOGE is expected to continue.

According to the Associated Press and others on the 18th (local time), Judge Tanya Chutkan of the U.S. District Court for the District of Columbia dismissed a request to suspend Musk's authority in a lawsuit filed by attorneys general from 14 Democratic-led states, including New Mexico, who challenged Musk's powers related to DOGE, such as access to government data and the dismissal of public officials.

Elon Musk, Tesla CEO, leading the Government Efficiency Department in the Donald Trump U.S. administration Photo by AFP Yonhap News

Judge Chutkan stated that at this point, the plaintiffs had not sufficiently demonstrated a reason to urgently suspend Musk's authority and that she dismissed the request accordingly. However, she acknowledged that the plaintiffs' questioning of Musk's authority was reasonable.

Previously, the attorneys general of the 14 states filed the lawsuit claiming that former President Trump established the unofficial government agency DOGE without congressional approval and granted Musk, its head, broad powers without Senate confirmation through hearings.

Before the ruling, White House Chief of Staff Joshua Fischer submitted a written statement to the court clarifying that Musk's official status is that of a White House advisor. Musk advises the president and conveys instructions but does not have substantial or official authority to make government decisions directly.

Key public officials, such as cabinet members who run government departments, must be appointed by the president and confirmed by the Senate. The White House's statement draws a line by categorizing Musk as a "special government employee" who does not require Senate confirmation.

However, the White House's position contradicts the previous stance of the Trump administration. Yahoo Finance pointed out that White House spokesperson Karoline Leavitt had previously said that former President Trump instructed Musk to start DOGE. The outlet also noted that the White House has not disclosed who operates DOGE if not Musk.

David Super, a law professor at Georgetown University, said, "Considering they have repeatedly said that Musk effectively runs it, this is somewhat hypocritical," adding, "According to the Constitution, simply changing the name does not allow one to evade legal regulations. If Musk is a key public official, simply giving someone else an official title does not generally exempt him from constitutional duties."

Professor Super added that the White House's claim that Musk is merely a presidential advisor is likely because conversations between former President Trump and Musk are not subject to the Freedom of Information Act and can be protected under executive privilege.