Donald Trump's government lawyers said in court Monday they don't even know who is running the Department of Government Efficiency.
A Washington, D.C. judge presided over a hearing involving Elon Musk's DOGE initiative, and government lawyers acknowledged that despite what's been said in court documents and by the president himself, they still can't get the answers the judge seeks.
While Trump said publicly that Musk heads DOGE, in court, the Justice Department said the opposite.
The CATO Institute explained that to establish a government agency, Congress must pass a law and then fund the department through the budget.
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Musk is technically a "special government employee" with a limit on his service under the law, according to one government website.
Lawfare's Anna Bower noted the judge, Colleen Kollar-Kotelly, asked the government on Monday, "Is there an administrator of DOGE at the present time?"'
The government counsel answered, " I don’t know the answer to that."
The hearing on Monday forced the government counsel to provide details about the department, but the lawyer repeatedly said they had no answers.
"The judge said the questions are relevant because she has concerns about whether DOGE is operating constitutionally under the Appointments Clause," said Bowers.
The Appointments Clause in Article II states that a president can appoint officers with the consent of the Senate. Congress did not confirm Musk, as he wasn't nominated for any official government position requiring confirmation.
During a joint press conference with French President Emmanuel Macron, Trump was questioned about Musk's role and the department. He said Democrats are screaming that what Trump is doing is unconstitutional.
"It has nothing to do with the Constitution," Trump said.
"Oh we know, Sir. We know," quipped national security lawyer Bradley P. Moss.
