Elon Musk plans to use office space in the White House complex to launch the Trump administration’s so-called Department of Government Efficiency, which aims to reduce government spending, according to two people briefed on the plan. It is said that
The space will be located in the Eisenhower Executive Office Building adjacent to the White House. The location could give Musk, whose companies have billions of dollars in contracts with the federal government, continued to have key access to President-elect Donald J. Trump, who takes office this month.
Mr. Musk donated hundreds of millions of dollars to help Mr. Trump win the 2024 presidential election and has been a regular ever since, staying at a rentable cottage on Mr. Trump’s property at Mar-a-Lago. I use one often. During the transition period, he attended official meetings and at least one foreign phone call to review staff and cabinet choices.
It was unclear whether Vivek Ramaswamy, Musk’s partner leading the project, would also have office space in the Eisenhower Building.
Masuku Ramaswamy’s project is called the Department of Government Efficiency (DOGE), but it is not a “department” in the sense of the Department of Justice, but a formal government department authorized by Congress. Mr. Musk’s position and this project have raised myriad questions about rules for outsiders who help exercise government power.
DOGE staff members currently work out of Musk’s SpaceX office in Washington, D.C.
Mr. Musk discussed with transition officials what level of access he would have to the West Wing, but it remained unclear, according to two people briefed on the matter. Staff and others who can move freely around the West Wing typically require a special pass.
Officials involved in President Trump’s transition and DOGE officials did not respond to requests for comment.
The work surrounding DOGE has been shrouded in secrecy, with little disclosure about how DOGE will function or how it will be budgeted for this transition.
It remains to be seen how big Musk’s team will be and what his own status will be. Some transition officials have suggested he could become a “special civil servant.” The qualification can be paid or unpaid and has more flexible personal financial disclosure rules than those required of regular employees.
If he did that, Mr. Musk, the world’s richest man, would almost certainly give up his salary. But there could be legal implications for how the Trump administration ultimately defines Musk’s role and how DOGE fits into the executive branch bureaucracy.
One of the issues concerns codes of ethics, such as prohibitions on financial disclosure and certain conflicts of interest, and prohibits former special public servants from lobbying on behalf of certain private interests after working on related topics during their temporary service. There are limitations on the ability to do this.
In particular, all government employees, including special temporary employees, are subject to criminal conflict of interest laws and are prohibited from participating in public affairs in which they, their families, or organizations have a financial interest. Because some of Musk’s companies have federal contracts, the law would likely prevent DOGE from working on related issues if he assumed such a position.
If Musk or his staff become special public servants, they would be required to file financial disclosure forms. But the Trump administration could keep those records secret from the public if it chooses to ignore the large government paychecks.
There may also be implications for government transparency laws.
One such law is the Federal Advisory Committee Act. It regulates boards, panels, councils, and other types of committees that work with people outside the government to advise the executive branch.
It appears that the law would also apply to DOGE’s work, provided Musk does not seek special civil service status for himself, his entire staff, and anyone else who provides input. Among other things, the law provides that all meetings of such committees shall be held in public and all documents submitted to or produced by such committees shall also be available to the public .
Supporters say Mr. Musk has not yet decided whether to assume the status and duties of special public servant.
Another related issue is the Freedom of Information Act (FOIA). The law allows journalists and members of the public, with some exceptions, to request access to public records and to sue against court orders requiring their disclosure.
The president and White House aides whose sole function is to advise the president are considered exempt from FOIA requests. However, many of the large bureaucracies surrounding them are subject to such demands.
