Labor & Employment Law Daily Wrap Up, HOUSE NEWS—Rep. Connolly demands clarity on Musk’s position in, authority over DOGE, (Feb 21, 2025)

By Patricia K. Ruiz, J.D.

Connolly asked, among other details, what legal authority Musk has to access Americans’ sensitive data.

U.S. Rep. Gerald E. Connolly (D-VA), ranking member of the Committee on Oversight and Government Reform, requested via letter substantive documentation from President Donald. J. Trump regarding Elon Musk’s formal role within the administration. The request followed the president’s direct contradiction of a sworn statement by a White House official that Musk is not part of the U.S. DOGE Service.

Contradictions. Connolly stated in his letter that Trump has “repeatedly portrayed Mr. Musk as the head of DOGE,” and that Musk has repeatedly referred to DOGE’s efforts as his efforts. However, on February 17, 2025, Joshua Fisher, director of the White House Office of Administration, said in a sworn statement filed with the U.S. District Court for the District of Columbia, under penalty of perjury, that “Mr. Musk is not the U.S. DOGE Service Administrator” and that “Mr. Musk has no actual or formal authority to make government decisions himself.” The statement was filed in conjunction with a lawsuit brought by 14 state attorneys general against Musk, DOGE, and others, alleging Musk and DOGE lack authority for their actions and that Musk “exercises virtually unchecked power across the Executive Branch, making decisions about expenditures, contracts, government property, regulations, and the very existence of federal agencies.”

In direct contradiction to Fisher’s sworn statement, on February 19, 2025, Trump said, “I signed an order creating the Department of Government Efficiency and put a man named Elon Musk in charge.”

“This contradiction raises significant concerns that either you are lying about Mr. Musk’s role or Mr. Fisher perjured himself—a criminal offense that can lead to up to 5 years in prison,” Connolly wrote.

Requested information. To understand Musk’s role and the authorities under which he is exercising widespread access to government data, Connolly asked that the administration provide specific information and documents by March 6, 2025. The information requested includes the identity of the current administrator of the DOGE; Musk’s role in relation to DOGE; whether Musk ever made a decision regarding the operations of DOGE or another federal agency; whether Musk ever issued a directive to a member of DOGE; what legal authority Musk has to access Americans’ sensitive data; and an organizational chart for the U.S. DOGE Service, including all employees whose email addresses include “doge.eop.gov” or employees presenting themselves as representing DOGE at any federal entity.

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