Why Is the DOJ Pretending Like Elon Musk Isn’t in Charge of DOGE?
55 years, 2 months ago

Why Is the DOJ Pretending Like Elon Musk Isn’t in Charge of DOGE?

Slate  

Sign up for the Slatest to get the most insightful analysis, criticism, and advice out there, delivered to your inbox daily. Last week, appearing together in the Oval Office, Trump referred to DOGE as Musk’s “team.” And on Wednesday, he was even more explicit, declaring that Musk is “in charge” of DOGE. It included a declaration further attesting that Musk does not even work at DOGE, but merely strives to “advise the president and communicate the president’s directives,” and “has no actual or formal authority to make government decisions himself.” This allegation flies in the face of Trump’s and Musk’s own public comments and actions; it also revives the urgent question of who is in charge of DOGE. As Justice Clarence Thomas explained last year, “if Congress has not reached a consensus that a particular office should exist, the Executive lacks the power to unilaterally create and then fill that office.” Thomas was writing about the special counsel, but he could just as well have been describing Musk’s role at DOGE. In a Tuesday order, she noted that the allegations against Musk, if accurate, are “precisely the ‘Executive abuses’ that the Appointments Clause seeks to prevent,” warning against “the unchecked authority of an unelected individual and an entity that was not created by Congress and over which it has no oversight.” As the case moves into discovery, she will have an opportunity to press the Justice Department’s lawyers about Musk’s true role—and who is actually in charge.

History of this topic

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3 weeks, 5 days ago
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3 weeks, 6 days ago
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1 month ago
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1 month ago
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1 month ago
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1 month ago
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1 month ago
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