U.S. Sen. Sheldon Whitehouse (D-R.I.) wants clarity from the White House on what exactly the world’s richest man is doing to help President Donald Trump’s administration slash federal spending.
Rhode Island’s junior senator sent a letter to White House Chief of Staff Susie Wiles asking about the legality of Elon Musk’s appointment to lead the Department of Government Efficiency (DOGE), which was created by executive order on Inauguration Day, Jan. 20.
“Although the White House has asserted that Musk is a ‘special government employee,’ we have seen no evidence that he is complying with the procedures and rules that ordinarily apply to such employees,” Whitehouse wrote in the Feb. 15 letter.
The Trump administration claims Musk doesn’t actually work for DOGE. He’s simply a “senior advisor to the president,” White House Office of Administration Director Joshua Fisher wrote in a declaration filed in the U.S. District Court for the District of Columbia Monday.
“Like other senior White House advisors, Mr. Musk has no actual or formal authority to make government decisions himself,” Fisher wrote. “Mr. Musk can only advise the president and communicate the president’s directives.”
The declaration was filed in response to a lawsuit from several Democratic states, including Rhode Island, that sought to block Musk and the DOGE team from accessing government systems. U.S. District Court Judge Tanya Chutkan denied the block Tuesday.
But Whitehouse argues the Trump administration has granted Musk substantial and wide-ranging authority to burrow deep into federal agencies contracts and disbursements — including the system that handles income taxes, Social Security benefits and veterans pay.
“He and his operatives have been given unprecedented access to highly restricted government data across multiple federal agencies, the authority to impose layoffs, the discretion to freeze funds, and the power to approve hiring decisions across federal agencies,” he wrote.
Such scope and authority would suggest Musk is not a special government employee, but a principal officer who would require Senate confirmation under the U.S. Constitution’s Appointments Clause.
Whitehouse requested the Trump administration explain whether any security vetting was conducted on Musk, his compliance with federal ethics rules, the legal advice guiding his authority, and the extent of DOGE staff can access to sensitive government data.
The White House did not immediately respond to requests for comment.
This story was originally published by the Rhode Island Current.
