Federal judge rules that Musk holds a permanent role in the U.S. government

A federal judge in Washington, D.C., has ruled that Elon Musk holds a lasting and powerful role inside the federal government, rejecting the White House’s argument that his position is just advisory.

This decision came Tuesday, according to court documents reviewed by Cryptopolitan, and confirms that Elon’s control over the Department of Government Efficiency (DOGE) is not short-term or informal, but active and enduring.

The lawsuit, filed in February by attorneys general from 14 U.S. states led by New Mexico, directly names Elon, DOGE, and President Donald Trump, and alleges that Elon had no legal authority to make deep federal changes, since he isn’t a Senate-confirmed officer.

The states also allege that DOGE, which isn’t recognized by Congress, gained unauthorized access to sensitive government data and is operating without legal backing.

Judge rejects White House DOGE argument, clears Trump but lets case proceed

The White House, trying to get the case thrown out, described Elon as a temporary advisor to Donald. But Judge Tanya Chutkan rejected that version.

In her ruling, she wrote that Elon’s influence spreads across the executive branch “without any known limits,” and that the federal government failed to prove his role was just advisory.

The judge said the states gave enough evidence to show Elon “occupies a continuing position” and “exercises significant authority,” even though he was never officially appointed by Congress.

Elon’s mission through DOGE, framed around cutting government costs, has included shutting down agencies, firing workers, deleting federal websites, and scrapping systems. The lawsuit says these actions violated the Constitution since he’s not a confirmed officer.

Judge Chutkan also accepted the claim that DOGE accessed private, proprietary information, calling it a valid injury claim, strong enough to allow the case to move forward.

Donald, however, was dismissed as a defendant. Judge Chutkan ruled that the court can’t block a sitting president from carrying out his duties.

She noted that under the Appointments Clause, the president holds “highly discretionary” power to nominate officials, but those roles still need proper confirmation—Elon’s didn’t.

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