Trump Press Sec Tries Bizarre Argument on DOGE to Avoid Legal Trouble

White House Press Secretary Karoline Leavitt and the entire Trump administration are trying very hard to convince the public that Elon Musk—the man who has used the Department of Government Efficiency to fire tens of thousands of federal workers—is actually just a normal adviser with no real power. 

“DOGE does not have statutory authority,” said Leavitt on Tuesday afternoon, when asked s by CNN’s Alayna Treene about Musk’s ability to hire and fire federal workers. “DOGE is advising.... It’s ultimately up to the discretion of these secretaries to make these hirings & firings.”

This comes after the Trump administration filed a court declaration on Monday stating that Musk is just a “senior adviser to the president,” a position that holds “no actual or formal authority to make government decisions himself.” The sudden change in heart comes after more than a dozen Democratic states sued the Trump administration for illegally giving Musk executive powers, in violation of the Constitution.

It’s a clear attempt to avoid legal trouble, and unfortunately, one unlikely to stand up in court. Trump explicitly appointed Musk as head of DOGE just one week after he won the election, and has bragged about Musk’s work gutting the federal government ever since.  Musk even held a press briefing in the Oval Office, as Trump signed an executive order expanding DOGE powers. This sudden obscuring of Musk’s role is pathetic at best.

Donald Trump’s White House Press Secretary Karoline Leavitt boosted billionaire Elon Musk’s fantastical allegations of widespread fraud at the Social Security Administration (SSA)—and got called out for it.

“President Trump has directed Elon Musk and the DOGE team to identify fraud at the Social Security Administration. They haven’t dug into the books yet, but they suspect that there are tens of millions of deceased people receiving fraudulent Social Security payments,” Leavitt said during an appearance on Fox News Monday.

Leavitt said DOGE was seeking to “identify payments that are going to deceased people who are no longer living, and should no longer be receiving that money.”

She claimed she had spent the day battling with “fake news reporters” who had been “fearmongering” about Musk. Earlier that day, Michelle King, SSA’s acting commissioner, resigned due to a clash with the unelected bureaucrat, who recently gained access to the agency’s databases that contain troves of sensitive data belonging to American citizens.

For someone with mere “suspicions,” as Leavitt put it, Musk has been steadily ramping up his public claims about fraud at the Social Security Administration. Last week, he claimed that DOGE’s review of the SSA had uncovered people marked as 150 years old who had been receiving social security benefits.

“Now, do you know anyone that’s 150? I don’t know. They should be in the Guinness Book of World Records.… So that’s a case where I think they’re probably dead,” Musk said during an appearance in the Oval Office.

He repeated the claim on X Sunday, attaching a chart of how many people in different age brackets had received social security benefits, suggesting that more than 16 million people whose ages were marked between 110 and 370 years old were receiving social security benefits.

“According to the Social Security database, these are the numbers of people in each age bucket with the death field set to FALSE! Maybe Twilight is real and there are a lot of vampires collecting Social Security,” Musk wrote.

In total, the chart inexplicably alleged that 400 million people were receiving social security benefits, while the SSA’s website states that in 2024, there were only 68,455,973 social security recipients.

But that’s not the only part of Musk’s fraud claims that don’t quite pass the smell check.

DOGE didn’t discover fraud, but a filing error that was already made public in a 2023 report from the Inspector General’s Office. The office found that the Social Security databases, specifically the Death Master File (DMF) and the Numident, a file containing identifiable information for each person issued a Social Security number, were not always updated when someone died.

The Numident contained the names of more than 18 million people born before 1920 who had no death information. “Death information missing from the Numident and the DMF hampers both SSA and Government-wide efforts to prevent and detect fraud and misuse,” the report authors said. This isn’t the first time that Musk has claimed DOGE discovered something that was actually publicly available.

Crucially, this so-called discovery doesn’t necessarily indicate fraud.

The 2023 report found that 98 percent of social security numberholders aged 100 years or older were not receiving benefits. Ultimately, the report determined that the system didn’t need to be updated because it was too expensive. Musk should like that kind of thing, right?

SSA has other means of combatting this issue. Since 2015, the SSA has had a policy of automatically terminating entitlement to beneficiaries who are “age 115, or older,” “in any current continuous suspense for seven years or more” or “entitled on a record where there are no other beneficiaries in a non-terminated status younger than the age of 115.”

Experts have suggested another possible explanation for the wide-ranging ages of beneficiaries is a quirk of COBOL, a 60-year-old programming language, which might use May 20, 1875, as a reference point in its coding. A COBOL system might indicate that anyone with a missing birthdate in the SSA’s database was 150 years old, which could explain Musk’s assertion about the droves of centenarians receiving social security benefits, according to Wired.

All of these holes render Leavitt’s desperate attempts to back up Musk’s outrageous claims all the more ridiculous.

“This is absurd, corrosive nonsense,” wrote journalist James Surowiecki in a post on X Tuesday. “There are not tens of millions of dead people getting Social Security checks, and the only reason Leavitt is out here making these hysterical claims is because Elon Musk misunderstood a table of numbers.”

Even one right-wing commentator was left questioning Musk’s math.

“Sounds like WH may have misinterpreted DOGE data on social security… it seems we are NOT PAYING these benefits… rather, these people (age 150 and whatever) are just on the rolls despite no checks going out,” Trish Regan wrote on X Tuesday.

“If that’s the case, this is not the huge find that people hoped for,” she said. “While social security records SHOULD be cleaned up, it appears this finding will have little savings effect since the checks weren’t going out. Looks like the team got out over its skis 🎿on this one. Sure—clean up the records, but it’s critical to present the math CORRECTLY.”

In another post, she urged Musk and DOGE to “triple check the math.”

Push may finally come to shove for New York City Mayor Eric Adams.

Adams’s political boss—New York Governor Kathy Hochul—signalled that the mayor’s time in Gracie Mansion may be coming to an end following the joint resignation of four top officials in Adams’s administration: First Deputy Mayor Maria Torres-Springer, and Deputy Mayors Meera Joshi, Anne Williams-Isom, and Chauncey Parker.

“If they feel unable to serve in City Hall at this time, that raises serious questions about the long-term future of this Mayoral administration,” Hochul wrote in a statement Monday.

“I recognize the immense responsibility I hold as governor and the constitutional powers granted to this office,” she continued. “In the 235 years of New York State history, these powers have never been utilized to remove a duly-elected mayor; overturning the will of the voters is a serious step that should not be taken lightly. That said, the alleged conduct at City Hall that has been reported over the past two weeks is troubling and cannot be ignored.”

“Tomorrow, I have asked key leaders to meet me at my Manhattan office for a conversation about the path forward, with the goal of ensuring stability for the City of New York,” Hochul wrote.

“Let me be clear: my most urgent concern is the well-being of my 8.3 million constituents who live in New York City. I will be monitoring this situation extraordinarily closely to ensure that New Yorkers are not being shortchanged by the current crisis in City government.”

In order to dismiss him, Hochul must first serve the mayor with a copy of charges that could warrant his removal, according to the city’s charter. Adams would then have “an opportunity to be heard in his defense.” But, as Hochul noted, the path forward on Adams’s dismissal would not just be incredibly opaque but totally unprecedented, as the governor’s power to unseat an elected mayor has never been flexed in the state’s history.

Adams pleaded not guilty to criminal charges last September, denying allegations that he had accepted more than $100,000 in illegal campaign contributions as well as lavish gifts from a Turkish official and business leaders interested in buying his favor during his tenure as Brooklyn borough president.

The mayor has come under heavy fire since acting Deputy Attorney General Emil Bove told federal prosecutors in Manhattan to drop the corruption case against Adams after Hizzoner allowed ICE agents to enter Rikers Island for the first time since 2015. That sparked widespread criticism that the New York mayor was no longer an independent political entity and prompted the mass resignation of seven federal prosecutors, who quit in protest of the Justice Department order.

In a profound resignation letter, acting U.S. Attorney for the Southern District of New York Danielle Sassoon outlined that Adams’s legal team had sought a political “quid pro quo” with the Trump administration. In another blistering resignation letter, assistant U.S. Attorney Hagan Scotten claimed that the scheme to use prosecutorial power to forgive Adams and simultaneously advance Donald Trump’s agenda was in blatant violation of the nation’s laws.

“If no lawyer within earshot of the President is willing to give him that advice, then I expect you will eventually find someone who is enough of a fool, or enough of a coward, to file your motion,” Scotten wrote. “But it was never going to be me.”

A federal judge set a hearing for Adams’s case on Wednesday, ordering attorneys working on the case to explain why the Justice Department had requested the charges be dropped.

Steve Bannon is not happy with Elon Musk, and revealed as much in an interview with the conservative website UnHerd Tuesday.  

The far-right commentator and former Donald Trump adviser told the outlet that “Musk is a parasitic illegal immigrant. He wants to impose his freak experiment and play-act as God without any respect for the country’s history, tradition or values.”

Bannon has feuded with Musk in the months following Trump election win, beginning with a disagreement  within the MAGA movement over H-1B visas. At the time, Musk posted about how more foreign tech workers were needed in the U.S. under the program, which allows immigrants in specialized fields to work in the United States temporarily. In response, Bannon called out the visa program as “a scam by the oligarchs in Silicon Valley to basically take jobs from American citizens.”

The dispute escalated into Bannon calling Musk a “truly evil guy” in an interview last month, vowing to get the tech mogul “kicked out” of Trump’s orbit by the inauguration. Bannon’s efforts were unsuccessful, as Musk has taken a powerful role in the Trump administration. 

“Musk is the one with power at the moment,” Bannon told UnHerd. “The Democrats are nowhere to be seen.” 

In Bannon’s opinion, the tech mogul’s Department of Government Efficiency initiative also hasn’t done enough to dismantle the administrative state. 

“DOGE is sitting there with the budget, but where the fuck are the DOGE cuts? We are 30 days away from approving a budget for the entire year with $2 trillion already baked in, and not one penny of anything that DOGE found. It’s ludicrous,” Bannon said, adding that he would like to see Musk’s efforts directed at cutting the massive Department of Defense budget. 

“I would like to see $100 billion taken off the $900 billion budget right now, which is really a trillion,” Bannon said, calling DOGE’s campaign “performative.”

Right now, Bannon is on the outside of the White House, looking in, so his opinions only carry limited weight at best with Trump. But he still commands influence within Trump’s support base, especially with his War Room radio show and podcast. It remains to be seen whether Bannon’s ideas for the GOP and Trump will be heard, or whether the party’s future lies with Musk.

A federal judge has ordered indicted New York City Mayor Eric Adams and Trump Justice Department officials to appear in court on Wednesday to explain why exactly the DOJ is conveniently dropping its case against Adams.

Last week the Justice Department decided to drop its case against Adams, openly admitting that the Justice Department “reached this conclusion without assessing the strength of the evidence or the legal theories on which the case is based,” but that Adams deserved more time to “devote full attention and resources to the illegal immigration and violent crime that escalated under the policies of the prior administration.”

This blatant quid pro quo situation raised alarms everywhere, and even led longtime Justice Department officials to resign. Now, Judge Dale Ho wants answers.

“Defendant is therefore ORDERED to appear before the court for a conference on February 19th, 2025 at 2:00 PM,” Ho wrote in an order Tuesday. “The parties shall be prepared to address, inter alia, the reasons for the Government’s motion, the scope and effect of the Mayor’s “consent in writing…”

It will be interesting to see how the DOJ explains that its tossing of Adams’s case isn’t actually completely corrupt and politically motivated move.

A senior prosecutor at the U.S. Attorney’s Office in Washington, D.C., resigned on Tuesday, citing an improper demand by Trump administration officials to freeze assets and launch a criminal investigation.  

Denise Cheung said that she was ordered to investigate a government contract awarded under the Biden administration, and to begin the process to freeze the recipient’s assets. Neither request was supported by the evidence that was provided to the Deputy Attorney General’s Office, Cheung wrote in a letter to the interim head of the office, Ed Martin. Reuters reviewed a copy of the letter. 

Cheung was in charge of the criminal division within the U.S. Attorney’s Office, and her resignation comes one day after Trump nominated Martin as the permanent head of the D.C. U.S. Attorney’s Office. Martin was an organizer for the “Stop the Steal” movement and the defense attorney for three of the January 6 rioters. He announced last month he would investigate the office’s handling of the Capitol riots. 

Earlier this week, Martin, in his capacity as interim head of the office, said he would investigate former special counsel Jack Smith and a law firm that supposedly gave Smith free legal services. Meanwhile, Martin has also threatened to go after anyone who tries to hinder Elon Musk’s Department of Government Efficiency efforts. The office he heads is responsible for many legal cases involving the federal government, and Cheung’s resignation doesn’t bode well for Martin’s future plans once the Senate likely confirms him to lead the office.

MAGA delegates around the country are offering local homages to Donald Trump, handing over the naming rights of everything from airports to mountains in an effort to curry more favor with him.

On Friday, West Virginia lawmakers introduced a resolution to rename the state’s highest point—Spruce Knob—after the 47th president, citing the “overwhelming support” Trump had in the state in the 2016, 2020, and 2024 elections.

Resolution 33 requests that the 4,863-foot peak be renamed to “Trump Mountain.”

“As a lasting tribute to his legacy and enduring influence, it is fitting that Spruce Knob be officially renamed ‘Trump Mountain’ in honor of President Trump’s service to our state, his impact on the nation, and the loyalty of the people of West Virginia,” the resolution reads.

In January, North Carolina Representative Addison McDowell introduced legislation to officially rename Washington Dulles International Airport in Virginia as Donald J. Trump International Airport. McDowell’s effort was joined by Representatives Guy Reschenthaler, Brandon Gill, Riley Morre, and Brian Jack.

“It is only right that the two airports servicing our nation’s capital are duly honored and respected by two of the best presidents to have the honor of serving our great nation,” McDowell said, referring to Washington’s other eponymously named Ronald Reagan Airport.

Democratic Representative Gerry Connolly, who represents Dulles as a part of Virginia’s 11th Congressional District, bit back, telling Washingtonian that Trump’s name would be better used on a “federal prison nearest to Mar-a-Lago.”

“I still can think of no more fitting an honor for our first convicted felon President,” he said.

But some MAGA acolytes have taken the obsession a step further than simply extending Trump’s name to their local landmarks. In late January, Florida Representative Anna Paulina Luna introduced a bill to add the 78-year-old’s face to Mount Rushmore—a move that would have the visage of the former reality TV star join the likes of George Washington, Thomas Jefferson, Theodore Roosevelt, and Abraham Lincoln.

“Let’s get carving!” Luna posted on X after revealing the legislation.

Republicans have also sparked the sycophantic idea to mark Trump’s birthday as a national holiday. On Friday, New York Representative Claudia Tenney introduced “Trump’s Birthday and Flag Day Holiday Establishment Act” via a press release, seeking to permanently codify June 14—which is already Flag Day—as a holiday.

During Trump’s last term, conservatives pitched the idea of placing Trump’s face on $500 bills.

The New York Times criticized the sudden, potentially futile surge in support earlier this month, calling it a “competition of sorts” to determine who in Trump’s Republican base will be the “most pro-Trump member.”

“It shows the power that Donald Trump has within the Republican Party these days, and that Republican members want to stay on his good side,” Sean Theriault, government professor at the University of Texas at Austin, told the Times. “A lot of these people are in really safe districts, but they’re also thinking about what their next step is. And so if they have designs on being in the Senate or running for governor or even a position in the administration, then there’s no better way to get on his good side than to do these over-the-top moves toward him.”

A top official at the Social Security Administration decided she would rather quit than hand over the personal information of millions of people to Elon Musk and DOGE, according to The New York Times.

Acting Social Security Commissioner Michelle King resigned Sunday after Musk’s crew was looking to access a repository full of personal information, like financial information and employment history, on millions of Americans.

“S.S.A. has comprehensive medical records of people who have applied for disability benefits,” Social Security Works President Nancy Altman told the Times. “It has our bank information, our earnings records, the names and ages of our children, and much more.”

“If there is an evil intent to punish perceived enemies, someone could erase your earnings record, making it impossible to collect the Social Security and Medicare benefits you have earned,” she warned to the Associated Press.

It is unknown whether or not Musk and DOGE ended up accessing the information anyway.

King, one of many federal officials who’ve decided to call it quits as DOGE and Musk bulldoze their agencies, was replaced by pro-Musk official Leland Dudek, a career official who has been overseeing the agency’s anti-fraud office. Technology executive Frank Bisignano is Trump’s nominee to head the entire agency. He is not yet confirmed.

Border czar Tom Homan struggled to explain why New York City Mayor Eric Adams suddenly decided to comply with Donald Trump’s immigration crackdown in his sanctuary city, if not to have the public corruption charges against him dismissed.

During an interview on CNN’s State of the Union Sunday, Homan was asked about Adams’s decision to allow ICE agents into Rikers Island, just days after the Department of Justice instructed prosecutors to drop the public corruption case against the mayor. ICE had been prohibited from entering New York City’s notorious jail complex in the East River since 2015.

In her startling resignation letter, acting U.S. Attorney for the Southern District of New York Danielle Sassoon stated that Adams’s lawyers had sought a quid pro quo for their client to comply with Trump’s immigration enforcement demands.

“It sounds like the DOJ dropped the case against Adams, and in exchange he let you into Rikers. Is that what happened?” asked CNN host Dana Bash.

“No, I think that’s ridiculous,” Homan replied. He explained that it couldn’t possibly have been quid pro quo, because he’d first met with Adams months ago, before the case was dropped. He then explained that after that meeting, no progress had been made on getting ICE access to the prison complex, so they needed to meet again last week.

“We had that a couple months ago, long before this other discussion. So, I don’t think that had anything to do with that,” Homan insisted. “As a matter of fact, the meeting was very well. It’s the same meeting we had a few weeks ago, and the reason we had the follow-up meeting was because there was no action being done. So, we follow up on how we can get some of this stuff in place, and that’s what the meeting Thursday was about.”

Bash said that Homan had said he was “really unsatisfied” after his initial meeting. “What changed between then and now other than the Department of the Justice dropping the case against Adams?” she asked.

“I didn’t come out of that meeting unsatisfied, I was, I was a little, you know, after several weeks I was a little taken back that we hadn’t gotten any action on that yet, on getting into Rikers Island,” Homan said.

Bash was unconvinced. “Just looking at the series of events, sir, the fact that you didn’t get what you wanted, you came away not sure why he wasn’t doing what you wanted him to do, particularly with opening Rikers. The Department of Justice gets rid of the charges against him, and poof, he agrees,” Bash pressed.

Homan did little to assuage her concerns, insisting that the two had found a way to really connect “cop-to-cop, not border-czar-to-mayor.”

The two men didn’t seem quite as friendly during a disturbing appearance on Fox & Friends last week when Homan jokingly threatened to crack down on the mayor if he failed to perform.

Crucially, something did change between the first and second meeting. A five-page letter from Adams’s lawyer Adam Spiro to U.S. Deputy Attorney General Emil Bove dated February 3, which made clear that Adams sought a specific quid pro quo agreement: relief in return for immigration compliance.

“As Mayor Adams continues to help with DHS’ ramping enforcement operations, the risk that his political opponents—and in particular, the City Council—will try to remove him from power will only increase,” the letter warned, adding that Adams’ “political muscle is weakened by an indictment.”

“There is a reason that the Justice Department does not prosecute sitting presidents, and while a mayor is not a president, Mayor Adams is nonetheless the leader of this country’s largest city and needs to be an important partner to the President and his administration. An honest balancing of these concerns against the unsupported prosecution theories in this case militates strongly in favor of dismissal,” Spiro wrote.

The Trump administration doesn’t appear to have a clear idea of just how many federal staffers they’ve let go.

During a rare emergency hearing on President’s Day, Judge Tanya Chutkan asked the government’s attorneys if they could confirm reports that thousands of federal employees had been fired over the weekend. But the Department of Justice lawyers could not answer.

“I have not been able to look into that independently or confirm that,” one government attorney said, reported MSNBC’s Adam Klasfeld.

That sent Chutkan reeling.

“The firing of thousands of federal employees is not a small or common thing,” she said incredulously, according to Klasfeld. “You haven’t been able to confirm that?”

Chutkan then went on to describe the actions of Elon Musk’s DOGE—an agency that has not been congressionally established or funded—as “unpredictable and scattershot,” according to LawFare senior editor Roger Parloff.

In the weeks since Donald Trump was inaugurated, DOGE has reportedly severed thousands of qualified employees from their positions in the federal government. The department has made a point to target probationary employees still within the first year of their roles—though the mass layoffs could potentially affect as many as 200,000 federal employees who fit that criteria.

“Musk hasn’t been appointed or confirmed,” Chutkan said, framing the lawsuit’s argument. “He’s been ‘tasked with’ this [job], all without congressional oversight.”

“That’s why I’m asking: will there be terminations? Where? When?” Chutkan said, according to Parloff.

But the government could only promise to circle back on the issue.

So far, Musk’s team has gained access to and gutted portions of the CDC, the Centers for Medicare & Medicaid Services, the Education, Commerce, Defense, and Energy Departments, the EPA, FEMA, NOAA, and, among other agencies, the Federal Aviation Administration, even as the nation experiences an unprecedented uptick in critical aviation crashes.