Trump says Musk is ‘not really leaving,’ fueling legal challenge over his role at DOGE

WASHINGTON — Elon Musk, the world’s richest man, who has led an effort in the Trump administration to cut jobs and programs across the federal government, stood by President Trump’s side on Friday in the Oval Office, officially for the last time as a government employee. But neither man was clear whether Musk’s active hand in government is truly over.

Their display of unity comes after Musk, the entrepreneur behind Tesla and SpaceX, issued a series of criticisms of Trump’s policies, both directly and through his companies, and as reports emerge that the billionaire fought fierce battles with the president’s aides and has relied on potent drugs while serving as Trump’s confidante.

“Nobody like him,” Trump said of Musk at the White House event. “He had to go through the slings and the arrows, which is a shame, because he’s an incredible patriot.”

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“Many of the DOGE people, Elon, are staying behind. So they’re not leaving. And Elon’s really not leaving,” Trump added. “He’s going to be back and forth, I think, I have a feeling. It’s his baby.”

Musk praised the team of DOGE, an acronym for the Department of Government Efficiency program, for saving what he said was $175 billion in government spending. The program had initially set a more lofty goal of cutting $2 trillion, and it is unclear if Musk’s team has even met its revised figure, with the Treasury Department’s Bureau of the Fiscal Service documenting an increase in federal spending over this time last year.

“The DOGE team is doing an incredible job,” Musk said. “I’ll continue to be visiting here, and be a friend and advisor to the president.”

Whether Musk continues in his role will have legal consequences. As a special government employee, Musk is obligated to end his service, now that the maximum work period allowed of 130 days has passed.

A group of 14 states has sued, arguing that Musk’s employee status was a ruse for the Trump administration to bring him into a powerful government role without having to go through a Senate confirmation process.

A federal judge in Washington on Wednesday ruled that Musk’s initial appointment was questionable, stating he “occupies a continuing position” and “exercises significant authority,” opening up a broader legal challenge over the constitutionality of his work for DOGE.

In a series of interviews leading up to his official departure from government, Musk has said that he plans to lessen his political spending going forward, and has criticized the Trump administration and congressional Republicans for pursuing legislation that would balloon the national deficit, a move he said was contrary to DOGE’s mission.

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His departure this week comes after the New York Times reported on Musk’s heavy use of ketamine, a potent anesthetic drug, and after a Wall Street Journal article detailed Musk’s attempts to thwart Trump from pursuing partnerships on artificial intelligence in the Middle East that would benefit Sam Altman, the chief executive of OpenAI and a personal nemesis of Musk’s.

Musk’s time in government has been marked by multiple setbacks for his companies. SpaceX has failed to meet essential engineering milestones for Starship, a critical super-heavy rocket ship that is critical to the U.S. effort to return humans to the moon and his own personal goal of reaching Mars. And Tesla, his electric vehicle company, saw a 71% plunge in profits in the first quarter of 2025 and a 50% drop in stock value from its highs in December.

“I think I probably did spend a bit too much time on politics,” Musk told Ars Technica, a science and technology publication, in an interview on Tuesday.

“It’s not like I left the companies,” he added. “It was just relative time allocation that probably was a little too high on the government side, and I’ve reduced that significantly in recent weeks.”