Lawyer submits 'new evidence' in case against DOGE, using Trump's own words

WASHINGTON — Lawyers working on a case against the Department of Government Efficiency found new ammunition late Tuesday in the form of President Donald Trump's own words during his joint address to Congress.

"I have created the brand-new Department of Government Efficiency, DOGE. Perhaps you’ve heard of it. Perhaps. Which is headed by Elon Musk, who is in the gallery tonight," Trump said.

The quote was quickly picked up by Kelly B. McClanahan, a lawyer in a case that centers on DOGE's legality and operations. McClanahan, who represents parties suing DOGE, entered a new court filing shortly after the remark highlighting it as "new evidence," emphasizing that Trump had affirmed that Musk was heading DOGE.

The filing is the latest push to determine who calls the shots in DOGE, as Musk appears to take a lead role despite not having been named the administrator. NBC News has reported that some legal analysts believe the lack of clarity around Musk's role could be intended to shield him and DOGE from lawsuits over its activities.

McClanahan wrote that Trump's comment "conclusively demonstrates that expedited discovery is urgently needed to ascertain the nature of the Department of Government Efficiency and its relationship to the United States DOGE Service, of which Amy Gleason is the Acting Administrator."

The White House announced late last month that Gleason, a former U.S. Digital Service adviser, is the acting administrator of DOGE after repeated questions about who was serving as the group's head were raised.

However, Musk still appears to take the lead, and the White House has repeatedly connected him with leading its efforts.

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“Elon Musk is overseeing DOGE,” White House press secretary Karoline Leavitt said shortly before Gleason’s role was announced.

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Trump has said Musk is leading DOGE's efforts, remarking in February that he had “signed an order creating the Department of Government Efficiency and put a man named Elon Musk in charge.”

But when it has been asked about Musk's role at DOGE, the White House has referred to him as a special government employee, insisting he is not the administrator. In a separate case, Trump appointee Joshua Fisher wrote last month that Musk is a senior adviser to Trump and "has no greater authority than other senior White House advisers."

"Mr. Musk is an employee in the White House office," added Fisher, who is the director of the Office of Administration. "He is not an employee of the U.S. DOGE Service or U.S. DOGE Service Temporary Organization. Mr. Musk is not the U.S. DOGE Service Administrator."

A Justice Department lawyer did not immediately respond to a request for comment Wednesday morning.