President Donald Trump inadvertently undercut his own legal team’s arguments in court when he publicly claimed Wednesday that he had appointed tech billionaire Elon Musk to lead the federal government’s Department of Government Efficiency (DOGE) task force to eliminate waste and fraud in federal agencies.
“I signed an order creating the Department of Government Efficiency, and put a man named Elon Musk in charge,” Trump declared during his speech at the Future Investment Initiative Institute, to a smattering of applause. “Thank you, Elon, for doing that.”
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However, Trump’s remarks contradict arguments made by the Justice Department in court. While defending against a legal challenge brought by Democratic state attorneys general, government attorneys argued before U.S. District Judge Tanya Chutkan that “Musk has no actual or formal authority to make government decisions himself,” stating that he may only “advise the President and communicate the President’s directives.”
This contradiction has drawn attention from legal observers, as it directly opposes what both Musk and Trump had previously suggested about DOGE — and it conflicts with Trump’s latest statement. “WHO IS THE ADMINISTRATOR OF DOGE??????????” posted Lawfare’s Anna Bower on X, pointing out the inconsistency in the administration’s messaging.
Judge Chutkan ultimately declined to issue an emergency restraining order barring DOGE from implementing further cuts or accessing sensitive information from seven federal agencies. She ruled that disputes related to the Appointments Clause generally do not warrant emergency relief. However, she cautioned in her opinion that the lawsuit challenging Musk’s authority could still succeed on its merits.
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The situation continues to raise concerns about the unclear structure of DOGE and Musk’s actual role, with legal experts questioning whether the department’s actions could withstand further legal scrutiny.
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