A federal judge grilled a government lawyer on Monday during a hearing over a cost-cutting team’s access to Treasury systems. The judge pressed for clarity on Elon Musk’s involvement, questioning whether the billionaire truly leads the team. The inquiry raises concerns about transparency and constitutional authority in federal spending cuts.

Elon Musk has been seen claiming credit for spearheading the effort to reduce purportedly frivolous spending by the United States government on social media and at political rallies. He has even been seen waving a chainsaw on stage during a conference.

The situation changes when it comes to court, Reuters reports.

A federal judge in a case attempting to prevent the DOGE cost-cutting team from gaining access to systems within the Treasury Department asked a government lawyer to identify the people in charge multiple times during Monday’s hearing. Asking, “Where is Mr. Musk in all of this?” was asked by U.S. District Judge Colleen Kollar-Kotelly.

Justice Department attorney Bradley Humphreys said, “I don’t have any information beyond close adviser to the president.”

“You can’t tell me what role he has?” The judge was unyielding.

Despite requests, Kollar-Kotelly remained mum on whether or not she would ban DOGE and Musk from using Treasury Department systems.

Several lawsuits are attempting to prevent the Department of Government Efficiency (Musk and his staff) from accessing government systems and cutting programs, with questions regarding their role and operations at its core.

The immense power that Musk and DOGE possess is allegedly a violation of the Constitution, according to several lawsuits. This power is typically reserved for agencies established by Congress or for appointments that require Senate confirmation.

There is a lot of secrecy about the Department of Government Efficiency, even though Musk says otherwise publicly.

President Trump established DOGE mainly as a software modernization company, not an agency, in the first executive orders he signed establishing it. Musk was named a “special government employee” by the Trump administration.

Although Musk has been associated with DOGE from the beginning, White House Office of Administration Director Joshua Fisher stated in a court filing dated February 17 that Musk is neither the administrator nor an employee of DOGE.

The White House officially recognized Amy Gleason as the “acting administrator” of DOGE on Tuesday. A comment request sent to the Trump administration did not immediately receive a response from her.

Although judges have raised concerns about DOGE’s lack of transparency, there have been instances where they have determined that there is enough evidence to temporarily halt its operations.
Because of the serious risk of the disclosure of sensitive information, U.S. District Judge Jeannette Vargas temporarily barred DOGE on Friday from using Treasury systems that process payments totaling trillions of dollars.

Marko Elez resigned from DOGE on February 6, and she was especially concerned that the government was unaware of the material that Elez had obtained while working for Musk’s firms.

“Even now, weeks after his departure, the Treasury Department is still reviewing his logs to determine what precisely he accessed and what he did with his access,” Vargas said in her Friday decision.

Government attorneys have even succeeded in one case by using evolving definitions of DOGE.

Washington, DC-based U.S. District Judge John Bates turned down the unions’ motion for a preliminary injunction against DOGE and Musk.

As part of its efforts to comply with the Economy Act, which permitted DOGE to describe its employees to different government departments, Bates pointed out that the Trump administration had claimed DOGE was an agency.

But since Trump included DOGE in the executive branch, it is not considered an independent body that must comply with the Freedom of Information Act (FOIA), the law that protects citizens’ access to government documents.

The court used fanciful language to characterize DOGE, calling it “a Goldilocks entity: not an agency when it is burdensome but an agency when it is convenient.”


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