Elon Musk, the billionaire entrepreneur and CEO of companies like Tesla and SpaceX, has become a polarizing figure in Donald Trump’s administration since taking the helm of the Department of Government Efficiency (DOGE). While his disruptive leadership style has drawn both praise and criticism, questions about how long he can legally serve in the role have persisted.
Under federal rules, Musk’s designation as a “special government employee” limits his service to 130 days within a 365-day period. However, sources close to the Trump administration suggest that Musk’s tenure is far from temporary.
“No one here at the White House is tired of winning,” said Deputy Press Secretary Harrison Fields. “The president has tasked Elon Musk with eliminating waste, fraud, and abuse in the federal government, a mission that will continue until completed.”
Musk’s role at DOGE has already reshaped the federal bureaucracy. He has fired thousands of government workers and demanded that others justify their job performance via email. His unorthodox methods have sparked frustration among some senior White House officials, but there is no indication that Trump himself is ready to part ways with the tech mogul.
“Here to Stay”
An outside political adviser close to the president, who spoke on the condition of anonymity, said Musk is “here to stay.” The adviser added that while some within the administration may be counting down the days until Musk’s 130-day limit is reached, any effort to remove him would likely fail.
“There are likely people who are counting the days until 130 days are up and will push against keeping him around, but I just think that’s a losing battle,” the adviser said.
Musk’s temporary employee status was designed to allow the government to bring in specialized talent for short-term projects. However, critics argue that Musk’s actions go far beyond the advisory role envisioned for such positions.
“The concept of a special government employee is an expert consultant that comes in to give advice, but it sounds like what he is doing is far more than advice,” said Richard Briffault, a professor at Columbia Law School specializing in government ethics. “If he’s saying to people, ‘Send me your five bullet points or you’re fired,’ that strikes me as going beyond giving advice.”
Internal Tensions
Musk’s sweeping and sporadic decision-making has caused friction within the White House. Chief of Staff Susie Wiles and her deputies were reportedly caught off guard by Musk’s recent “five things” email, which sent shockwaves through government agencies. The email, which demanded that employees justify their roles, was issued without prior consultation with core White House staff—a pattern that has become a recurring source of tension.
Wiles, who values teamwork and collaboration, has found herself at odds with Musk’s independent approach. “She’s a believer in people being ‘team players,’ which directly conflicts with the approach Musk is taking,” said a source familiar with internal discussions.
Despite these tensions, Musk has maintained Trump’s confidence. At a recent Cabinet meeting, Musk received applause from the president, who has publicly praised his efforts to streamline government operations.
Legal Gray Areas
The question of how the Trump administration might circumvent the 130-day rule remains unanswered. At a White House press briefing earlier this week, Press Secretary Karoline Leavitt sidestepped the issue, saying, “I think we’ve been here about 35 days roughly, so ask me in another 100 days.”
A 2024 legal advisory from the U.S. Office of Government Ethics suggests one possible workaround: if a temporary employee exceeds the 130-day limit due to “unforeseen circumstances,” they could receive approval to continue serving the following year under “unique and unlikely” conditions.
However, the enforcement of such rules is unclear, particularly given the current leadership vacuum at the Office of Government Ethics. Trump ousted the department’s director earlier this month, and it is now led by acting Director Shelley K. Finlayson.
“Given the fact that there is currently no head of government ethics, it’s not clear [the department] would be able to enforce a policy that says if you’ve overstayed once, we doubt that you would be within the limits the next time,” Briffault said.
A Long-Term Presence?
For now, Musk’s future in the Trump administration appears to hinge on the president’s continued support. While some senior staffers may chafe at his methods, there are no signs that Trump is experiencing “Musk fatigue.”
As one source closely involved in White House discussions put it, “There has been no talk of ‘limits’ around Musk’s role. Everything discussed about Musk and his work going forward is done so in the long term.”
Whether Musk’s tenure will face legal challenges or internal resistance remains to be seen. But for now, it seems the billionaire’s influence in Washington is only growing.
