(NewsNation) — The White House confirmed this week that Tesla and SpaceX CEO Elon Musk is a “special government employee” and that President Donald Trump has given him office space in the White House to lead the Department of Government Efficiency.
Democrats quickly criticized the move, with some saying Musk is leading a coup and amassing illegal power.
“We will do everything in our power in the Senate and the House to stop this outrage,” Sen. Chris Van Hollen of Maryland said.
However, Republicans defended Musk, and Trump told reporters Monday that “Elon can’t do and won’t do anything” without his approval. If there’s a conflict with one of his businesses, Trump said, “We won’t let him go near it.”
“But he has some very good ideas,” Trump added.
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What is a special government employee?
A special government employee, defined by the Justice Department, is someone who works or is expected to work for the government for 130 days less in a 365-day period. This designation was created by Congress “as a way to apply an important, but limited, set of conflict of interest requirements to a group of individuals who provide important, but limited, services to the Government,” the U.S. Department of the Interior wrote.
What is Elon Musk doing as a special government employee?
With an executive order, Trump created the nongovernment agency DOGE, which he said would “slash excess regulations, cut wasteful expenditures” and restructure federal agencies. It was established within the Executive Office of the President.
Initially, Republican presidential candidate and biotech entrepreneur Vivek Ramaswamy was supposed to lead DOGE with Musk, but he has since left.
Musk has previously said he wants to cut $2 trillion in government spending.
As DOGE is not an actual government agency, it needs congressional approval for budget cuts.
Still, DOGE, in its first few weeks, has already effectively shut down the U.S. Agency for International Development, which is in charge of administering U.S. humanitarian aid around the world. USAID has around 10,000 employees and a $40 billion annual budget. DOGE moved earlier this week to take control of the agency’s money, locked out workers, accessed classified information and removed leadership.
The task force also acquired access to sensitive Treasury data such as Social Security and Medicare customer payment systems on Friday, the Associated Press reported.
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What are the rules for a special government employee?
The U.S. Department of the Interior says the special government employee status is important because their ethics rules differ from other federal employees and officials.
All federal employees, even those with special government status, are prohibited from “participating personally and substantially in any particular matter that has a direct and predictable effect on their own financial interests.”
Special government employees who are paid above the rate of federal employees with a GS-15 status and serve for more than 60 days are required to submit a public financial disclosure report, according to the Justice Department. Those who don’t only have to file a report on a confidential basis if their decision could have an effect on an agency’s policy.
The Hatch Act, which forbids federal employees from participating in political activity, only applies to special government employees when performing their official duties. When they aren’t, they can engage in political activity, though not on federal premises.
In addition, special government employees can receive compensation for teaching, speaking and writing in their personal capacity on topics not directly related to their position. They can also fundraise in a personal capacity, though not in the federal workplace.
The Associated Press contributed to this report.
