Elon Musk is officially serving under President Donald Trump as a special government employee, according to a White House official.
That designation means Musk – the billionaire tech entrepreneur who has been a force within the new Trump administration – is not a volunteer but also not a full-time federal employee.
According to a Justice Department summary, 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.” Musk is not being paid, a person familiar with his employment told CNN.
Musk has a top secret security clearance, an official familiar with the matter tells CNN.
Musk, who is the world’s richest man and became an ardent supporter of Trump’s during the campaign, has an office on the White House campus. Within weeks of Trump taking office, Musk has shown he has a broad mandate to carry out his government efficiency initiative known as DOGE.
On Monday, Trump confirmed Musk has access to the Treasury Department’s critical payment system, which sends out money on behalf of the entire federal government. Federal unions and others on Monday sued the Treasury Department over the access.
Treasury Secretary Scott Bessent was inside the Oval Office as Trump commented on Musk’s purview.
“Elon can’t do and won’t do anything without our approval. And we’ll give him the approval where appropriate. Where not appropriate, we won’t,” the president said.
Musk’s business success has been partly fueled by federal money, and SpaceX has received billions of dollars in direct government contracts.
As a special government employee, Musk is covered by a federal conflicts-of-interest statute that prohibits government employees from participating in matters that would affect their financial interests. That law can be enforced criminally or in the civil context, but it can only be enforced by the Justice Department.
“We are relying on the Justice Department for enforcement of the financial conflict-of-interest standards against Elon Musk and everyone else, and there is a reason to doubt that the Trump Justice Department will enforce any statutes, including criminal statutes, against a Trump ally,” said Kathleen Clark, a Washington University law professor who specializes in government ethics.
The designation also makes Musk subject to many government ethics standards, but not all of them.
It remains to be seen if Musk’s designation requires him to file a financial disclosure that will be made public.
