Elon Musk Must Leave Government On May 30th

Elon Musk’s time in the federal government *should* be coming to an end soon.

On January 20th, the Trump Administration named Elon Musk a “special government employee.” With that designation come special rules and responsibilities. It also comes with a ticking clock for when Musk’s time in government must come to an end. This is a special, mid-day article that outlines where things stand with Musk and answers all your questions about his special government status.

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What is a Special Government Employee?

Elon Musk has been designated a "special government employee" (SGE) by the White House, a classification that allows him to serve in a government capacity without the full obligations of a federal employee. This designation pertains to his leadership role in the Department of Government Efficiency (DOGE), an initiative established by Donald Trump to streamline federal operations and reduce costs. As an SGE, Musk is not a commissioned officer and is not compensated for his government service. Consequently, he is required to file a confidential financial disclosure report, which is not accessible to the public.

How long can Elon Musk serve?

According to the United States Department of Justice, “[a] special government employee is anyone who works, or is expected to work, for the government for 130 days or less in a 365-day period.” That means that if Elon Musk was named an SGE on January 20th, he would have to leave the federal government by May 30, 2025.

Is Elon Musk being paid?

No. Elon Musk and the White House have said that he will not receive compensation for his work, although SGEs could be paid under existing rules.

Is Elon Musk working in the White House?

Yes. Elon Musk's office is reportedly located within the Eisenhower Executive Office Building (EEOB), which is situated on the White House grounds. The EEOB is part of the White House complex and houses offices for White House staff, including those working in the executive branch. While the building is not technically within the White House itself, it is in close proximity and serves as a key part of the overall White House complex. Musk’s office in the EEOB allows him to have direct access to top-level government officials and potentially influence federal policies, particularly through his involvement with DOGE.

What ethics rules is Elon Musk required to follow?

The Department of Justice notes that “[s]pecial government employees are subject to most rules, although sometimes in a less restrictive way.” Elon Musk’s role as a special government employee has raised significant ethical concerns, particularly around his potential conflicts of interest and the lack of transparency regarding his financial dealings.

As an SGE, Musk is required to follow certain rules, such as filing a confidential financial disclosure report, but this document is not made public, limiting accountability. While he is not formally employed by the government, his position allows him to influence federal policy and spending through his leadership in DOGE. This raises questions about how much oversight there is on his actions, given his extensive business interests, particularly in companies like SpaceX and Tesla, which could stand to benefit from government initiatives. Critics have voiced concerns that his unique status might allow him to operate without the usual checks and balances that apply to full-time government employees.

Who determines if Elon Musk follows the ethics rules?

Simply put: Elon Musk himself. According to Karoline Leavitt, the White House Press Secretary, the only person responsible for governing conflicts of interest within Elon Musk’s business dealings is Musk himself. That has raised even more concerns about what he is doing within the White House and whether he is using his status as an SGE to enrich himself in the process.

Does Musk need to file public disclosures?

SGEs like Elon Musk, in his role with the government, are only required to file a public financial disclosure report if their earnings exceed the GS-15 government pay rate—around $123,000. If they make less than that, they can file their financial disclosure on a confidential basis, meaning their financial dealings remain private. This creates a layer of opacity, especially when the public doesn't have insight into the financial interests of someone in a powerful advisory position. Critics argue this system could allow for conflicts of interest to go unnoticed, particularly when high-profile figures like Musk, with significant business ventures, are involved in government initiatives.

See you this evening at around 5:30 for the evening news update.