Is Elon Musk's Role in the Trump Administration Legal?

Elon Musk has made quite the splash since joining the Trump administration.

President Donald Trump and his billionaire buddy launched the controversial Department of Government Efficiency (DOGE), and now the newly minted government entity has caught the ire of a federal judge.

During a hearing in Federal District Court in Washington, D.C. on Monday (Feb. 24), Judge Colleen Kollar-Kotelly stressed her "concerns" that Musk and DOGE's operations may be violating the Constitution.

Specifically, Judge Kollar-Kotelly questioned DOGE’s unlimited access to the Treasury Department’s sensitive systems that control trillions of dollars in payments.

"Based on the limited record I have before me, I have some concerns about the constitutionality of U.S.D.S.’s structure and operations," Judge Kollar-Kotelly said, Politico reports.

According to the Constitution, official leaders of federal agencies must be first nominated by the president and then confirmed by the Senate.

However, the SpaceX CEO, who was Trump's top donor during the president's reelection campaign in 2024, was neither nominated nor confirmed for his alleged position within the Trump administration.

Judge Kollar-Kotelly is now seeking to ban Musk and DOGE from gaining access to the Treasury Department.

Musk and DOGE made headlines this week following reports the Trump administration is considering using money saved by sweeping federal budget cuts and government employee layoffs to issue checks worth up to $5,000 to American taxpayers.

However, not every citizen will qualify for the stimulus, if it even comes to fruition.