Although Musk's name seems to the outside world to almost represent the newly established Department of Government Effectiveness, the White House clarified that Musk does not work for the department. Joshua Fisher, director of the White House Executive Office, said that Musk is a senior adviser to the president and has no higher authority than other senior White House staff.

Fisher said late Monday that Musk's role should be viewed separately from the Department of Government Efficiency, which he supports.

This distinction has obvious significance both in terms of legal theory and practical operation. As a direct adviser to the president, Musk's advice may be protected by executive privilege. Unlike the Office of Management and Budget, the White House office that houses Government Effectiveness is not subject to the FOIA.


Musk and Trump

Fisher said Musk himself has no actual or formal government decision-making authority and can only provide advice to the president and convey the president's instructions.