Defining him as an adviser rather that the person in charge of day-to-day operations at DOGE could help the administration beat a lawsuit arguing Musk has too much power for someone who isn't elected or Senate-confirmed.

The Trump administration has increasingly downplayed billionaire Elon Musk’s level of authority in recent days, repeatedly claiming in legal filings he can’t unilaterally make decisions and doesn’t formally run the Department of Government Efficiency he was tapped to lead—even as reports and the billionaire’s own comments indicate Musk has been behind broad cuts throughout the federal government.

Trump reinforced Musk’s argument, stating that bureaucratic hurdles had slowed his administration’s efforts to offer buyouts to federal workers and streamline government agencies.

A federal judge has refused to immediately block Elon Musk and the Department of Government Efficiency from accessing government data systems or participating in worker layoffs

A federal judge Tuesday denied Democratic-led states’ request to immediately block Elon Musk and his Department of Government Efficiency from accessing federal data and terminating employees—but suggested she could rule against DOGE in the future—the latest in a slew of legal actions as Democrats and others fight President Donald Trump and cost-cutting czar Musk in court.