Despite 130-Day Limit, Musk ‘here to stay’ in Trump Administration, Adviser Asserts

Speculation continues regarding the duration of Musk's involvement with DOGE, yet sources close to Trump indicate that there is no foreseeable conclusion.

Despite 130-Day Limit, Musk ‘here to stay’ in Trump Administration, Adviser Asserts
For six weeks now, members of the Trump White House who have grown weary of Elon Musk’s disruptive style have found some comfort in the knowledge that he serves as a temporary government employee, constrained by a 130-day limit.

However, a White House official has indicated that there is currently no known end date for Musk’s tenure.

“No one here at the White House is tired of winning. The president has tasked Elon Musk with eliminating waste, fraud, and abuse in the federal government, a mission that will continue until completed,” said deputy press secretary Harrison Fields.

Musk’s designation as a "special government employee" leading the Department of Government Efficiency means he is not required to follow the same financial disclosure rules as full-time government workers. Yet it also limits his work to 130 days within a 365-day period.

This time constraint has raised questions about how long Musk can and will remain at DOGE, where he has made significant changes to the federal government, including the firing of thousands of workers and insisting that others justify their job performance through email.

It is increasingly evident within the White House that Musk is likely to exceed the 130-day limit and remain in his position as long as President Donald Trump permits.

“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,” an outside political adviser close to the president said, speaking anonymously to discuss internal dynamics.

According to this adviser, Musk is “here to stay.”

There has reportedly been no discussion of “limits” to Musk’s role as head of DOGE, as confirmed by a source close to White House discussions who requested anonymity to speak freely. Conversations about Musk and his future work are conducted with a long-term perspective, the source stated.

Among those anticipating his departure are chief of staff Susie Wiles, deputy chief of staff James Blair, and director of the White House Presidential Personnel Office, Sergio Gor, according to the same political adviser.

Press secretary Karoline Leavitt dismissed this characterization, describing it as “fake news.”

Some indications suggest Musk may be on a short-term timetable. In a speech to the Munich Security Conference earlier this month, Vice President JD Vance made a light-hearted remark about the criticism Musk has encountered.

“I say this with all humor: If American democracy can survive 10 years of Greta Thunberg’s scolding, you guys can survive a few months of Elon Musk.”

Ultimately, the length of Musk's stay may depend solely on one person. Despite the growing frustration from senior staff, there are no clear signs of Musk-fatigue from Trump at this point.

One of the primary frustrations for top White House staff regarding Musk is his unpredictable executive decision-making. Recently, Wiles and her team were upset and left uninformed by Musk’s “five things” email, which created significant ripples across government agencies. Musk issued this directive without prior notice to key White House staff—a recurring issue that has arisen multiple times, according to the source involved in discussions at the White House. Musk claimed he had the president’s approval before sending out the email.

Wiles believes in the importance of being “team players,” which conflicts directly with Musk's approach, the source explained.

Musk's temporary employee status was designed to enable the government to bring in specialized experts on a short-term basis. During the Obama administration, Huma Abedin was designated as a temporary adviser at the State Department and faced scrutiny from Senator Chuck Grassley for allegedly exceeding the 130-day limit. In Trump’s first term, Scott Atlas received the same temporary designation for pandemic-related advising.

“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,” explained Richard Briffault, a professor at Columbia Law School who has experience 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.”

At a recent White House press briefing, Leavitt avoided addressing whether the administration would attempt to “work around” the 130-day limit.

“I think we’ve been here about 35 days roughly, so ask me in another 100 days,” Leavitt replied.

How Trump’s White House would navigate the 130-day rule is still uncertain, but Trump’s outside political adviser believes the administration will seek a way to justify extending Musk's stay.

According to a 2024 legal advisory from the United States Office of Government Ethics, one possibility exists. A temporary employee who exceeds the 130-day limit due to “unforeseen circumstances” might receive approval to continue their role in the subsequent year if their circumstances are deemed “unique and unlikely to occur.”

The potential impact of a legal challenge regarding Musk's work beyond the 130-day limit is uncertain and untested. However, it seems unlikely that Musk or Trump would face any significant obstacles from within the executive branch.

“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 noted.

Earlier this month, Trump dismissed the director of the Office of Government Ethics, leaving the agency under the temporary leadership of acting Director Shelley K. Finlayson.

Mark B Thomas contributed to this report for TROIB News