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.