February 4, 2025
I cannot give legal advice, and you should consult your own attorney. But as a civil rights activist and self-taught Section 1983 legal scholar of nearly 28 years, I have sued police officers, prosecutors in their investigative capacities (see Kalina v. Fletcher as an example scenario), and even judges in their administrative capacity. I have sued other government officials—even a president before. I don’t care who you are—if I feel you have violated my rights and I believe it is absolutely necessary, I will call you out and may be forced to bring suit against you. There are things I do not agree with Elon Musk about. One is the whole Neuralink deal, which I believe may violate my Christian principles. But for all the complaining in this CNN video, can someone please point to a single law that Musk is breaking so I can research it?
The Legal Reality: Musk Has Been Granted SGE Status
The transcript from CNN and Wired concedes that @elonmusk has, in fact, been designated a Special Government Employee (SGE) under an executive order issued by President Trump. That means that under 5 U.S.C. § 202, Musk has been legally granted authority to operate within federal agencies, shut down unnecessary programs, and hire the personnel he deems necessary to carry out his mission. This is a power that both Republican and Democratic administrations have used in the past. The key issue here is not legality—it is simply that the Democrats do not like who is wielding the power this time.
Breaking Down the Democratic Complaints
Democrats and mainstream media are expressing outrage over Musk’s role in government, but their complaints boil down to the following concerns, none of which suggest any illegal activity:
1. “He’s hiring young experts they don’t like.”
Musk has recruited a group of highly skilled young engineers, some as young as 19, who have worked at SpaceX, Neuralink, and Palantir. Democrats find it problematic that these young men are evaluating government employees’ work and making determinations about productivity and efficiency. But isn’t hiring the best talent to improve agencies exactly what a Special Government Employee is supposed to do? They all of a sudden want to know "who these young men are? Were they asking who was running USAID when it was committing fraud? Highly unlikely! It is probable that the majority of Democrats didn't know who was working there before Musk got involved and more importantly they didn't care. Now that Musk is cleaning it up, oh it's all about an oligarchy taking over and oh no! Listen I have my legal complaint against oligarchy to be sure and have one drafted, but when I see something cross the line, I am willing to speak up, but I can't see it yet.
2. “He is reviewing federal agencies’ work and shutting down inefficiencies.”
Musk has reportedly ordered reviews of IT and technology departments within various agencies, including the General Services Administration, and the Office of Personnel Management. This has resulted in some programs being targeted for elimination.
The executive branch has the legal authority to review and reorganize agencies as necessary. If waste, fraud, or inefficiency is found, it is well within Musk’s power as an SGE to act upon it.
3. “He’s been given too much power and is operating without oversight.”
The fact that Musk has significant authority does not mean he is operating outside the law. Every administration has granted SGEs substantial power in overseeing policy and operations. In fact, under the Obama and Biden administrations, multiple Silicon Valley executives were designated SGEs and placed within federal agencies.
4. “Democratic administrations have used SGEs too, but this is different.”
The Democratic Party has appointed countless SGEs to influence government functions. For instance:
Eric Schmidt, former CEO of Google, was brought in as an SGE under the Obama administration to oversee Pentagon technology.
Big Tech executives from Facebook, Google, and Amazon have frequently been given SGE roles within federal agencies.
If Democrats were fine with Silicon Valley elites shaping government policy under their control, why is Musk’s appointment suddenly a problem?
Is Musk Breaking the Law? No Evidence So Far
If Musk is breaking the law, no one has articulated how. The CNN Video captioned "Musk says naming 6 young men working for DOGE is a crime.
'Wired' journalist responds," (confusing title but ok?) admits that Musk has been legally appointed as an SGE, meaning he has been vested with all necessary legal authority to oversee and restructure federal agencies within his purview. What’s really happening here is political frustration disguised as legal concern.
Democrats’ Real Issue: Losing Power, Not Legal Violations
It’s no secret that the Democratic Party is struggling with the reality of losing control. Instead of focusing on whether there is fraud within the agencies Musk is reviewing, they are fixated on stopping him from cutting government waste. Their first concern should be: “Is there fraud?” But instead, they are simply outraged at losing influence.
1. Trump was elected, and his administration has the power to make appointments.
Just as Democrats had the ability to appoint SGEs under Obama and Biden, Trump has the authority to do the same.
The Democratic Party cannot demand that Musk be removed simply because they don’t like him.
2. Dems are ignoring corruption and fraud.
Instead of asking whether Musk’s investigations into government inefficiencies are revealing fraud or abuse, they are reflexively defending agencies that might have serious problems.
3. Spreading Fear Instead of Making a Legal Case.
Instead of presenting actual legal arguments against Musk, Democrats are relying on fearmongering.
Conclusion: Democrats Need to Pick Their Battles Wisely
The Democratic Party, which once prided itself on strong, legally grounded positions, has been increasingly resorting to fear-based narratives and sowing division. Instead of acknowledging their own party’s involvement in plundering federal agencies, they are fixated on stopping Musk from fixing inefficiencies and hiring effective personnel.
The reality is simple:
1. If Musk has been legally designated as an SGE, there is nothing Democrats can do to stop him.
2. If they disagree with his policies, their remedy is to win elections, not cry foul when their own tactics are used against them and waste money clogging the courts with frivolous litigation.
Ultimately, the Democratic Party should learn to pick its battles more carefully. Wasting time fighting an executive order that grants Musk legal authority as an SGE is not only a losing strategy—it exposes their desperation to hold onto a system that they, themselves, have exploited in the past.
It’s time to focus on the real issues, not just the personalities involved.
Grace, Mercy, And Peace,
WLBJ