President Donald Trump's recent address before Congress highlighted Elon Musk’s controversial involvement with a government initiative called DOGE. This attention could complicate ongoing legal issues concerning Musk's role and the structure of DOGE, particularly as several lawsuits question their operations and access to sensitive data. Notably, Musk's legal status was clarified by an affidavit from the White House that emphasized he is a non-career Special Government Employee with no actual authority in government decision-making, leading to further scrutiny of DOGE's leadership and potential violations of the Constitution's Appointments Clause.
Judge Theodore Chuang expressed frustration with the government's counsel's inability to clarify Musk's role and the chain of command involving DOGE, highlighting legal uncertainties.
Joshua Fisher's affidavit clarifies that Musk is a non-career Special Government Employee without decision-making authority regarding DOGE, complicating legal challenges.
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