US President Donald Trump’s billionaire ally Elon Musk is not actually in charge of the so-called Department of Government Efficiency, according to a Monday court filing, raising more questions about the operation that has wreaked havoc across the federal government.

In a sworn declaration, Joshua Fisher, the director of the Office of Administration, claimed to have “personal knowledge” of Musk’s status within the government.

Musk “is not an employee of the US DOGE Service or US DOGE Service Temporary Organisation,” Fisher said. “Mr. Musk is not the US DOGE Service Administrator.”

The White House official said DOGE is a component of the president’s Executive Office but did not spell out who is its administrator.

Fisher said Musk works for the White House Office, confirming press secretary Karoline Leavitt’s assessment of the billionaire’s role.

“He holds that position as a non-career Special Government Employee,” Fisher wrote. “In that job, Mr Musk is a Senior Advisor to the President.”

The Justice Department defines a special government employee as “anyone who works, or is expected to work, for the government for 130 days or less in a 365-day period.”

Fisher said it’s not unusual for special government employees to advise the president, citing the example of Anita Dunn, who served as a senior adviser to former President Joe Biden.

“In his role as a Senior Advisor to the President, Mr. Musk has no greater authority than other senior White House advisors,” Fisher said. “Like other senior White House advisors, Mr. Musk has no actual or formal authority to make government decisions himself. Mr. Musk can only advise the President and communicate the President’s directives.”

Fisher’s declaration seems in conflict with Trump’s previous statement that Musk leads DOGE. Trump has touted the cost-cutting operation, claiming it has identified “has found massive amounts of FRAUD, WASTE, INCOMPETENCE, AND ABUSE” within the government.

The filing came in response to a lawsuit by several Democratic state attorneys general, accusing Trump of illegally delegating executive powers to Musk in violation of the Appointments Clause of the U.S. Constitution. 

“Mr. Musk does not occupy an office of the United States and has not had his
nomination for an office confirmed by the Senate. His officer-level actions are thus unconstitutional,” the lawsuit states.

Still, Trump has shown no signs of seeking to restrict Musk or DOGE.

The president last week signed an executive order giving DOGE more power to continue shrinking the size of the government.

Trump and Musk have taped a joint interview with Fox News’ Sean Hannity, which is set to air on Tuesday evening.