Lawyers challenging DOGE legality make new filing citing Trump comments on Musk leadership

By Chris Benson
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Billionaire and Tesla CEO Elon Musk looked on Tuesday evening as U.S. President Donald Trump addressed a joint session of Congress at the U.S. Capitol in Washington DC. Last month, the White House claimed under pressure that Amy Gleason, an ex-U.S. Digital Service adviser, was acting administrator of DOGE. Photo by Leigh Vogel/UPI
1 of 3 | Billionaire and Tesla CEO Elon Musk looked on Tuesday evening as U.S. President Donald Trump addressed a joint session of Congress at the U.S. Capitol in Washington DC. Last month, the White House claimed under pressure that Amy Gleason, an ex-U.S. Digital Service adviser, was acting administrator of DOGE. Photo by Leigh Vogel/UPI | License Photo

March 5 (UPI) -- Lawyers pursuing a lawsuit challenging the legality of the newly formed Department of Government Efficiency's operations entered a new filing citing President Donald Trump's comments during his address before Congress Tuesday night.

During his speech, Trump said that Elon Musk is running the temporary organization established by an executive order, conflicting with previous statements that he was a special government employee working alongside the organization.

"I have created the brand new Department of Government Efficiency, DOGE. Perhaps you've heard of it. Perhaps," the president said Tuesday night in his remarks. "Which is headed by Elon Musk, who is in the gallery tonight," he added.

It was called "new evidence" in a fresh court filing by Kelly McClanahan, a Maryland-based attorney representing plaintiffs in a lawsuit which asserts that DOGE's structure does not comply with federal laws.

DOGE faces at least more than 24 different lawsuits as Musk, the world's richest man with billions in taxpayer-funded government contracts, guts the federal workforce.

Last month, the White House claimed under pressure that Amy Gleason, an ex-U.S. Digital Service adviser, was acting administrator of DOGE.

"Elon Musk is overseeing DOGE," White House Press Secretary Karoline Leavitt previously stated prior to the announcement of Amy Gleason's role to which she reportedly was unaware of.

This new filing requests that the judge weigh Trump's words as she rules on a request that Musk and others sit for a deposition in the case.

"I signed an order creating the Department of Government Efficiency and put a man named Elon Musk in charge. Thank you, Elon, for doing that," Trump stated in Miami at the FII Priority Summit with global financiers and tech executives.

On Tuesday, McClanahan wrote that Trump's address "conclusively demonstrates that expedited discovery is urgently needed to ascertain the nature of the Department of Government Efficiency."

The Trump administration has claimed in court that Musk is a senior White House adviser with no authority and that Musk is not a formal part to DOGE.

Meanwhile, Musk is not an employee of DOGE and "has no greater authority than other senior White House advisers," Joshua Fisher, director of Office of Administration, claimed last month.

"Like other senior White House advisers, Mr. Musk has no actual or formal authority to make government decisions himself. Mr. Musk can only advise the President and communicate the President's directives," Fisher added.

A recent ruling by U.S. District Judge Tanya Chutkan rejected the request of 14 Democratic state attorneys general that would have immediately blocked Musk and DOGE from firing federal workers and accessing data at seven federal agencies.

In addition, a group of current and former federal workers have launched the We the Builders initiative to combat the Department of Government Efficiency which offer government employees an anonymous platform to share stories about DOGE acts.

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