More: "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.
