Beyond the 130-Day Limit: Trump’s Options to Keep Musk Leading DOGE | The Gateway Pundit

Musk’s critics want him gone tomorrow and are thrilled that, as a Special Government Employee, his tenure is legally capped at 130 days in a 365-day period. But President Trump has several options if he wants to keep Musk on past the expiration date.

Elon Musk’s role as head of the Department of Government Efficiency (DOGE) is formally designated as that of a Special Government Employee (SGE), a status that limits his service to 130 days within any 365-day period. His tenure is expected to end around late May 2025, when that cap is reached.

While the White House has expressed interest in keeping Musk involved, any extension would require either legal adjustments or a change in his employment classification.

Under current law, he cannot be rehired as an SGE until enough time has passed to reduce his total days of service below the threshold. However, Trump could bring him back in another role—such as a full-time federal employee or unpaid presidential adviser—provided he complies with applicable ethics and conflict-of-interest rules.

Of all the options available to Trump, reclassifying Musk as a presidential adviser—especially in an unpaid or informal capacity—would offer the least legal resistance. These advisory roles can be created ad hoc, require no Senate confirmation, and are not bound by the 130-day limit. As long as the adviser does not draw a salary or directly control federal contracts, legal scrutiny is lighter.

However, even unpaid advisers are not entirely exempt from oversight. If they influence policy in ways that benefit their private business interests, especially without divesting or recusing, they may still face ethics investigations, media backlash, or congressional review. Musk’s position as CEO of SpaceX—a company with significant federal contracts—raises clear concerns in this regard. While SGEs and unpaid advisers enjoy more flexibility than full-time federal employees, any decisions Musk makes that could impact SpaceX would remain subject to ethical review.

Reflecting those concerns, several bills currently under review in Congress aim to block or limit Musk’s continued government involvement.

Representative Mark Pocan introduced the “ELON MUSK Act,” which would prohibit federal agencies from awarding contracts to companies where an SGE holds a significant ownership stake. Representatives Dan Goldman and John Larson introduced the “Ending DOGE Conflicts Act,” requiring SGEs to file public financial disclosures and undergo ethics reviews before entering service.

Representative Maxine Dexter’s “Stop Musk Act” would bar federal contracts or grants to any company in which an SGE holds more than a 5% stake. Collectively, these proposals appear less focused on DOGE’s mission and more on legislating Musk out of office by targeting his eligibility to serve.

As of April 11, 2025, the U.S. national debt stands at approximately $36.56 trillion—a staggering figure that poses a serious and imminent threat to the nation’s fiscal stability. Interest payments are consuming an increasingly unsustainable share of the federal budget, pushing the country toward a financial precipice. Confronting this crisis is no longer a matter of political preference—it is an economic imperative. That is why initiatives like the Department of Government Efficiency (DOGE) are so critically important.

Under Elon Musk’s leadership, DOGE has uncovered fraudulent contracts, identified billions in redundant federal programs, and curtailed waste across multiple agencies—eliminating millions in unused office leases and terminating overlapping software subscriptions that had long evaded oversight. These are measurable, documented achievements. Yet the mainstream media continues to portray DOGE as ineffective or unserious, disregarding its accomplishments and reducing it to a political punchline.

Whether one approves of President Trump and Elon Musk or not, they are addressing a national crisis that previous administrations have repeatedly failed to confront. If this effort is to continue, maintaining Musk’s involvement in some capacity—whether formal or informal—may be essential.

The media may persist in dismissing the initiative, but to date, no alternative plan has been proposed with comparable ambition or effectiveness. Reducing waste and tackling the debt is no longer merely bold policy—it is a national necessity.