Making Musk a "special government employee" provides a fig leaf that he at least has *some* governmental status, but you can't put SGEs in operational command control of government departments, they're for consultation and advisors etc. And they aren't allowed to do more than 130 days in a year.
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Are he or any of those identified from the actions over the weekend take an oath to protect the constitution in these roles?
Does the rebranding of USDS to DOGE to make DOGE an executive office of the President change anything about what you've outlined?
Unfortunately he doesn't need to though.
"The President just made up this job" isn't one of those.
https://economictimes.indiatimes.com/news/international/global-trends/did-donald-trump-just-quietly-curb-elon-musks-influence/articleshow/117955670.cms?from=mdr
The president can have advisors all he wants, but those people aren't in charge of anything.
The lawsuit is basically “you don’t have the authority to be the boss of me.”
The recent PreP case is an example.
"DOGE" is acting more like OMB, USTR, CEQ, OSTP, ONDCP—EOP components subject to FRA.