Trump just made it harder to pretend Elon Musk isn’t running DOGE

President Donald Trump just made it a lot more difficult for his administration to argue that Elon Musk isn’t just the face of the Department of Government Efficiency (DOGE) — but the one running it.

Musk first pitched the department to Trump last August and has been named as a leader since the president announced his intention to actually create it. Since Trump officially created DOGE in January, Musk has been its clear frontman, publicly making decisions for DOGE and having a big role behind the scenes.

However, in court, the Trump administration has argued that Musk isn’t an actual DOGE employee and has “no actual or formal authority to make government decisions himself.” The White House told reporters last month that Amy Gleason, a former U.S. Digital Service official with a background in health care, is the DOGE Administrator, the person legally in charge of the department.

On Tuesday night, Trump — again — said otherwise.

“I have created the brand new Department of Government Efficiency… which is headed by Elon Musk,” Trump said while addressing a joint session of Congress.

“Thank you, Elon. He’s working very hard,” the president continued, before rattling off various programs and contracts that DOGE said it has canceled.

Read More: Elon Musk’s DOGE is going after the agencies that regulate his companies

By the end of the night, plaintiffs in at least one lawsuit related to DOGE had jumped on Trump’s comments, as first reported by Politico. The plaintiffs in that case, which was initially three separate lawsuits, contend that DOGE is an advisory committee, which carries with it a series of requirements that they argue have not been followed. Trump’s comments could also complicate the other lawsuits the administration faces related to DOGE.

On Wednesday, what appears to be the 23rd lawsuit challenging Musk and DOGE was filed in federal court in the District of Columbia, as first reported by Bloomberg Law. The suit, filed by the Japanese Americans Citizens League and three other parties, cites Trump’s repeated comments giving Musk control of DOGE, including his address to Congress.

“In any event, there can be no question that Mr. Musk and DOGE lack any legal authority to undertake this massive attack on the infrastructure of the federal government throughout the United States—which Mr. Musk frequently symbolizes with a chainsaw—and that their ongoing effort is lawless and unconstitutional,” the plaintiffs wrote.

DOGE has been the source of major controversy, with critics pointing to conflicts of interest that Musk and his associates — many of whom have direct or indirect ties to his portfolio of companies — may have in supervising cuts to regulators. For example, his SpaceX has taken a role aiding the Federal Aviation Administration, which regulates its rocket launches.

The New York Times (NYT+0.02%) also reports that DOGE has erased more than $4 billion in savings the group claimed to have made for taxpayers after a series of errors. That included a $1.8 billion contract that was actually canceled in November, before Trump took office, and at least one contract for work that had already been completed.