Elon Musk
Is Expected to Use Office Space in the White House Complex
The location
suggests that Mr. Musk, who owns companies with billions of dollars in
contracts with the federal government, will continue to have remarkable access
to President-elect Donald J. Trump.
Maggie Haberman Charlie
Savage Jonathan Swan Theodore Schleifer
By Maggie Haberman Charlie Savage Jonathan Swan and Theodore
Schleifer
Reporting from Washington
Jan. 13, 2025
https://www.nytimes.com/2025/01/13/us/politics/elon-musk-white-house-trump.html
Elon Musk is expected to use office space in the White House
complex as he launches the so-called Department of Government Efficiency, which
aims to slash government spending in the Trump administration, according to two
people briefed on the plans.
The space anticipated for Mr. Musk’s use is in the
Eisenhower Executive Office Building, which is adjacent to the White House. The
location would allow Mr. Musk, who owns companies with billions of dollars in
contracts with the federal government, to continue to have significant access
to President-elect Donald J. Trump when he takes office this month.
Mr. Musk has had discussions with transition officials about
what his level of access to the West Wing will be, but that was left unclear,
according to two people briefed on the matter. Staff members and others who are
able to come and go freely in the West Wing typically require a special pass.
Mr. Musk donated hundreds of millions to help Mr. Trump win
the 2024 election and has been a regular by his side since then, often using
one of the cottages available for rent on Mr. Trump’s property at Mar-a-Lago.
During the transition, he has sat in on official meetings and at least one
foreign call, and weighed in on staff and cabinet choices.
It was not clear whether Vivek Ramaswamy, Mr. Musk’s partner
in leading the project, would also have office space in the Eisenhower
building.
The Musk-Ramaswamy project is called the Department of
Government Efficiency, or DOGE, but it is not a “department” in the sense of
the Justice Department — an official, congressionally authorized part of the
government. Mr. Musk’s status and the project have raised myriad issues about
the rules for outsiders helping to wield governmental power.
DOGE staff members are currently working out of the
Washington, D.C., offices of Mr. Musk’s SpaceX company.
Officials with the Trump transition and associated with DOGE
did not respond to requests for comment.
The work around DOGE has so far been shrouded in secrecy,
with the transition revealing little to nothing about how it will function, or
how it will be budgeted for.
It remains to be seen how large Mr. Musk’s team will be, as
well as what his own status will be. Some transition officials have suggested
he could become a “special government employee,” a status that can be paid or
unpaid and has more flexible rules for personal financial disclosures than what
is required of ordinary employees.
Should he do that, Mr. Musk, the richest man in the world,
would almost certainly forgo a salary. But there could be legal implications to
how the Trump administration ends up defining Mr. Musk’s role and how DOGE fits
in the executive branch bureaucracy.
One issue involves ethics rules, including financial
disclosures and prohibitions on certain conflicts of interest, like limits on
the ability of former special government employees to lobby on behalf of
certain private interests after having worked on relevant topics during
temporary service.
In particular, all government employees, including special
temporary ones, are subject to a criminal conflict of interest law that bars
them from participating in official matters in which they or their families or
organizations have a financial interest. Because some of Mr. Musk’s companies
have contracts with the federal government, that statute would seem to bar DOGE
from working on related issues if he takes on such status.
If Mr. Musk or his staff were to become special government
employees, they would have to file financial disclosure forms. If they decide
to pass up sizable government salaries, however, the Trump administration could
keep those records secret from the public.
There would also be implications for government transparency
laws.
One such law is the Federal Advisory Committee Act, which regulates boards, panels, councils and
other types of committees that work with people from outside the government to
provide advice to the executive branch.
If Mr. Musk does not seek special government employee status
for himself and all his staff members and everyone else who provides input, the
act would seem to apply to DOGE’s work. Among other things, the law says that
all meetings of such committees are to be conducted in public, and all the
documents submitted to such a panel or produced by it are also supposed to be
available to the public.
Mr. Musk has not yet determined whether he will take on the
status and obligations of being a special government employee, according to his
allies.
Another relevant issue is the Freedom of Information Act, or
FOIA. It allows members of the press or the public to request access to
official records, with certain exceptions, and to file lawsuits for court
orders requiring their disclosure.
The president and his immediate staff in the White House
whose sole function is to advise him are considered to be exempt from FOIA
requests. But much of the larger bureaucracy surrounding them is subject to
such requests.
Maggie Haberman is a senior political correspondent
reporting on the 2024 presidential campaign, down ballot races across the
country and the investigations into former President Donald J. Trump. More
about Maggie Haberman
Charlie Savage writes about national security and legal
policy. More about Charlie Savage
Jonathan Swan is a political reporter covering the 2024
presidential election and Donald Trump’s campaign. More about Jonathan Swan
Theodore Schleifer is a Times reporter covering campaign
finance and the influence of billionaires in American politics. More about
Theodore Schleifer
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