Isn’t That Special?
The Trump Administration’s Use of “Special Government Employees” Raises Conflict-of-Interest and Ethics Risks that Go Way Beyond Elon Musk
By Jon Golinger
Introduction
Corruption, or the appearance of corruption, corrodes the public trust that serves as the very foundation of American government’s ability to function. That’s why, “when taking an official action (e.g., making decisions or recommendations), American public servants are expected to put the government’s interests ahead of their own.”[1] To ensure this happens, safeguards to prevent unethical dealings and self-interested decisions – in addition to outright bribery – are fundamental to a healthy American government.
Unfortunately, during its first few months in office, the Trump Administration has effectively circumvented key anti-corruption safeguards in order to quickly install individuals with potentially major conflicts of interest into high-level government jobs. It has done so by transforming the discrete, limited government employment designation known as “Special Government Employee” (SGE) into a vehicle for an end run around ethics requirements, evading barriers against self-dealing and eliminating transparency.
A review of court documents, public records, and news stories sheds light on how extensively the Trump Administration has used the SGE designation. This report found that, in addition to Elon Musk, the Trump Administration has deployed the SGE designation to place at least a dozen others in high-level roles in three federal agencies (Treasury, Homeland Security, and the Office of Personnel Management), helping Musk run DOGE, and advising the White House on issues from global affairs to health care.
Since the SGE designation enables the appointed officials to be exempt from important conflict of interest rules and transparency requirements, these maneuvers create ethical minefields. “Public service is a public trust. In order to protect that public trust, it’s necessary to ensure that Government employees uphold the highest ethical standards.”[2] This report finds that the Trump Administration’s misuse of the SGE designation fails the important public trust test, which requires urgent remedial action.
Background
The SGE statutory category of federal employment was created by Congress in 1962 and signed into law by President John F. Kennedy as part of a comprehensive revision of the conflict of interest laws.[3] SGEs were created to be a time-limited designation to enable the federal government to take advantage of the knowledge and skills of outside experts while allowing them to remain employed in the private sector.[4] According to the Office of Government Ethics, the SGE designation is “a way to apply an important, but limited, set of conflict-of-interest requirements to a group of individuals who provide important, but limited, services to the Government.”[5] Historically, the vast majority of SGEs have served as members of federal advisory boards, task forces, or committees.[6]
By law, an SGE is an officer or employee in the executive branch of the federal government appointed to perform temporary duties, with or without compensation, for no more than 130 days in a 365 day period.[7] Any day on which an SGE is either paid by the Government for their service or a day on which the SGE conducts more than de minimis work for the government is counted towards one of the SGE’s 130 days of service.[8]
According to the Office of Government Ethics, “many agencies use SGEs, either as advisory committee members or as individual experts or consultants, to provide expertise or perspectives that might be unavailable among an agency’s regular employees. Often because of their expertise, these SGEs have substantial outside activities and financial interests that may raise difficult ethics questions.”[9]
SGEs are subject to most federal government ethics rules, although sometimes in a significantly less restrictive way.[10] While the laws against bribery[11], compensation for representational services[12], and post-employment lobbying[13] generally apply to SGEs in the same manner as to regular government employees, the main conflict of interest statute[14] in practice applies quite differently.[15] This is a difference with a distinction.
Under existing law, due to their time-limited service in a niche role, SGEs have been permitted to be broadly exempted from the divestiture of conflicting interest requirements and allowed to participate in matters that directly and substantially affect their financial interests – as long as those matters do not have a unique impact on the SGE or the SGE’s former or current employer other than as part of a general industry or class of persons.[16] In addition, despite the increased risks of self-dealing, biased advice, and distorted decision-making that may arise from these exemptions, SGEs have not been required to publicly disclose their financial interests unless they are both classified above the GS-15 level of federal employment and serve over 60 days. All SGEs must file financial disclosure statements, but most of them are subject only to confidential disclosure.[17]
Questionable uses of the SGE designation by past administrations of both political parties have generated concerns before.[18] However, no concerns about the abuse of the SGE designation have been so significant as those generated by the Trump Administration’s expansive placement of individuals in high-level, powerful roles as SGEs.
Special Government Employees In The Trump Administration
Despite requests from Members of Congress[19], the Trump Administration has not publicly disclosed how many SGEs are working for DOGE or otherwise serving in high-level policy and operational roles in the Trump Administration and, by virtue of their SGE status, shielded from vital ethics and financial disclosure requirements. However, Public Citizen has found that while the Trump Administration’s use of the SGE designation to install people with potential conflicts in high-level government jobs may start with Elon Musk[20] – it goes way beyond Musk.
According to a Public Citizen search of court documents, public records, and investigative reports, the Trump Administration has now used the SGE designation to place at least a dozen people in addition to Elon Musk in a range of high-level influential roles:
- In three federal agencies:
- Department of Treasury
- Department of Homeland Security
- Office of Personnel Management
- Helping Elon Musk run DOGE
- Advising the White House on matters ranging from foreign affairs to AI to health care
Identified SGEs in High-Level Roles in the Trump Administration
| Name of SGE | Government Agency/Office | Recent Jobs/Business Interests |
| Elon Musk[21] | White House/DOGE | SpaceX, Tesla, Twitter/X, The Boring Company, Neuralink, xAI[22] |
| Tom Krause[23] | Dept. of Treasury | CEO of Cloud Software Group[24] |
| Corey Lewandowski[25][26] | Dept. of Homeland Security | Trump Campaign Advisor[27] |
| Brian Bjelde[28] | Office of Personnel Management | Vice President, People Operations, SpaceX[29] |
| Steve Davis[30] | White House/DOGE | Former President, The Boring Company[31] |
| Katie Miller[32] | White House/DOGE | Principal, P2 Public Affairs Consulting[33] |
| James Burnham[34] | White House/DOGE | Principal, King Street Legal[35] |
| Ory Rinat[36] | White House Advisor | Founder, Urban Legend[37] |
| Steve Witkoff[38] | White House Advisor | Founder, Witkoff Group real estate investment and development[39] |
| Adam Boehler[40] | White House Advisor | Founder and Managing Partner, Rubicon Founders health care investment firm[41] |
| Paula White-Cain[42] | White House Advisor | President, Paula White Ministries[43] |
| David Sacks[44] | White House Advisor | Co-Founder & Partner, Craft Ventures[45] |
| Calley Means[46] | White House Advisor | Co-Founder, Truemed company[47] |
Recommendations
The potential conflict of interest and transparency concerns raised by these kinds of SGE appointments to powerful Administration jobs are manifold. For example:
- An SGE who owns a company that has or is seeking large federal contracts could use their government role to gain a competitive advantage by learning advance information about how the government will be scoring contract bids.
- An SGE who leads a company that is facing government investigations could use their leverage over officials whose budgets or workforce they are evaluating for cuts to persuade them to scale back or drop the investigations.
- An SGE who is an investor or entrepreneur could shape policy decisions that increase the value of their investments or help to promote their products.
Under existing law, the public has no way to know whether SGEs who don’t file public financial disclosure reports[48] or are empowered to oversee themselves[49] are putting the people’s interests ahead of their own. Urgent reform is needed to ensure that anti-corruption rules apply to high-level SGEs just as they do to regular federal employees, strengthen conflict-of-interest barriers to prevent financial self-dealing or misuse of insider information, and shine sunlight with financial disclosure so the public knows who has been given the power and privilege of doing the people’s business. These reforms must:
- Prevent Undue Influence: Prohibit non-advisory committee SGEs who own, direct, or have a major investment in a large for-profit company from communicating with any agency or office that has government contracts with, regulates, or has a pending investigation into or enforcement action against the SGE’s company.
- Let The Public See Who’s An SGE: Direct the Office of Government Ethics to maintain a publicly available database that contains the name of non-advisory committee SGEs, the date they were first appointed, a rolling tally of the number of work days they’ve been an SGE, and a description of why they are an SGE rather than a regular federal employee.
- Shine Sunlight on Financial Conflicts: The default should be that all non-advisory committee SGEs file public financial disclosure reports. Require SGEs who claim an exemption from filing a public report to have their exemption claim reviewed by the relevant agency ethics office to ensure that exemption is properly applied.
Legislation introduced in April 2025 by Senator Elizabeth Warren and Representative Melanie Stansbury includes these kinds of SGE ethics reforms and others to expand existing ethics rules to apply to SGEs, strengthen conflict-of-interest rules for SGEs, and increase SGE transparency. Congress should pass Warren and Stansbury legislation, S. 1491, the SGE Ethics Enforcement & Reform (SEER) Act, without delay. [50]
Sources
[1] “Financial Disclosure: Identifying and Remediating Conflicts of Interest in the Executive Branch,” Congressional Research Service, 5/30/23; https://www.congress.gov/crs-product/IF11904
[2] “Ethics Training for Special Government Employees,” USDA, p. 6, https://www.usda.gov/sites/default/files/documents/USDA-SGE_Training.pdf
[3] Pub. L. No. 87-849, 76 Stat. 1119 (1962)
[4] 18 U.S.C. § 202; “Conflict of Interest and the Special Government Employee,” Office of Government Ethics, 2/15/00; https://www.oge.gov/Web/oge.nsf/Legal%20Docs/445ECB1FB63809DA852585BA005BED9E/$FILE/00×1.pdf?open
[6] “Opportunities Exist to Improve Data on Selected Groups of Special Government Employees,” U.S. Government Accountability Office, July 2016; https://www.gao.gov/assets/d16548.pdf (“Federal agencies made limited use of special government employees (SGE) not serving on federal boards. As of December 2014, approximately 3 percent of SGEs (1,138 of 40,424) were working as experts or consultants and not serving on federal boards, according to the Office of Government Ethics”)
[7] 18 U.S.C. § 202; Under 18 U.S.C. § 202(a), an SGE is an officer or employee “who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed one hundred and thirty days during any period of three hundred and sixty-five consecutive days, temporary duties either on a full-time or intermittent basis.”
[8] “Counting Days of Service for Special Government Employees,” Legal Advisory from the Office of Government Ethics, 10/30/24; https://www.oge.gov/Web/oge.nsf/Legal%20Docs/F24F83CD5FDBFA6D85258BC6004B8C21/$FILE/LA-24-14%20-%20SGE%20Day%20Counting.pdf?open
[9] “Ethics Laws Applicable to Special Government Employees,” Office of Government Ethics; https://extapps2.oge.gov/Training/OGETraining.nsf/xsp/.ibmmodres/domino/OpenAttachment/training/ogetraining.nsf/D006291C1FEC02448525869C005BD4B8/Body/EthicsLawsApplicabletoSGEs.pdf
[10] “Summary of Government Ethics Rules for Special Government Employees,” U.S. Department of Justice, updated 11/13/23; https://www.justice.gov/jmd/ethics/summary-government-ethics-rules-special-government-employees
[11] 18 U.S.C. §201
[12] 18 U.S.C. §203 and §205
[13] 18 U.S.C. §207
[14] 18 U.S.C. §208
[15] “Ethics Rules, or Lack Thereof, that Apply to ‘Special Government Employees’ (SGE) and Elon Musk, in Particular,” by Craig Holman, Ph.D., Public Citizen, 2025; https://www.citizen.org/article/ethics-rules-or-lack-thereof-that-apply-to-special-government-employees-sge-and-elon-musk-in-particular/
[17] 5 C.F.R. § 2634.904(a)(2) (requiring SGEs to file confidential disclosures); See also 5 C.F.R. §§ 2634.202(h); 2634.204; 2634.205 (exempting certain SGEs from public disclosure requirements); see also “Ethics For An Outsourced Government,” Kathleen Clark, 3/10/11; https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1840629
[18] “Clinton Email Fracas Raises Question: What Is a ‘Special Government Employee?,” Charles Clark, Government Executive, 9/4/15; https://www.govexec.com/oversight/2015/09/clinton-email-fracas-raises-question-what-special-government-employee/120362/; “Complaint to HHS and OPM Re: Slaoui Employment Status,” by Craig Holman and Margarida Jorge, 5/5/2020; https://www.citizen.org/article/complaint-to-hhs-and-opm-re-slaoui-employment-status/; “Several of Biden’s top White House aides aren’t required to disclose personal finances,” ABC News, 3/24/21; https://abcnews.go.com/US/bidens-top-white-house-aides-required-disclose-personal/story?id=76641167.
[19] Letter from Rep. Gerald Connelly to Amy Gleason, Acting Administrator, U.S. DOGE, 3/19/25; https://oversightdemocrats.house.gov/sites/evo-subsites/democrats-oversight.house.gov/files/evo-media-document/2025-03-19-gec-to-doge-acting-administrator-gleason-re-volunteer-doge-conflicts_1.pdf
[20] “Declaration of Joshua Fisher,” 2/17/25; https://storage.courtlistener.com/recap/gov.uscourts.dcd.277463/gov.uscourts.dcd.277463.24.1.pdf; (Stating that Mr. Fisher is personally involved in the appointment of SGEs and that Elon Musk is an SGE.) “Musk is a ‘non-career Special Government Employee,” Court Filing by the U.S. Department of Justice, p. 18, 3/21/25; https://assets.bwbx.io/documents/users/iqjWHBFdfxIU/rurxk3UJ36_E/v0; “Elon Musk’s Business Empire Scores Benefits Under Trump Shake-Up,” NY Times, 2/11/25; https://www.nytimes.com/2025/02/11/us/politics/elon-musk-companies-conflicts.html; “Elon Musk’s business empire is built on $38 billion in government funding,” Washington Post, 2/26/25; https://www.washingtonpost.com/technology/interactive/2025/elon-musk-business-government-contracts-funding/; “These departments investigating Elon Musk have been cut by DOGE and the Trump Administration,” LA Times, 3/27/25; https://www.nytimes.com/2025/02/11/us/politics/elon-musk-companies-conflicts.html
[21] “Declaration of Joshua Fisher,” 2/17/25; https://storage.courtlistener.com/recap/gov.uscourts.dcd.277463/gov.uscourts.dcd.277463.24.1.pdf; (Stating that Mr. Fisher is personally involved in the appointment of SGEs and that Elon Musk is an SGE.) “Musk is a ‘non-career Special Government Employee,” Court Filing by the U.S. Department of Justice, p. 18, 3/21/25; https://assets.bwbx.io/documents/users/iqjWHBFdfxIU/rurxk3UJ36_E/v0.
[22] “Elon Musk’s Business Empire Scores Benefits Under Trump Shake-Up,” NY Times, 2/11/25; https://www.nytimes.com/2025/02/11/us/politics/elon-musk-companies-conflicts.html
[23] “Krause Keeps Citrix Parent CEO Role Amid Work With Treasury, Musk’s DOGE,” CRN, 2/6/25; https://www.crn.com/news/cloud/2025/krause-keeps-citrix-parent-ceo-role-amid-work-with-treasury-musk-s-doge (“[Tom] Krause told CSG employees in an email viewed by CRN that he is advising the Treasury as a ‘special government employee,’ which is ‘in addition to my duties as CEO of Cloud Software Group.’”; “Elon Musk’s Man in the Treasury is Still Holding Down His Day Job as Software CEO,” Wired, 2/14/15; https://www.wired.com/story/musk-krause-treasury-bfs-conflict-of-interest/
[24] Cloud Software Group, Corporate Leadership; https://www.cloud.com/leadership
[25] “Corey Lewandowski is now a special government employee at the Department of Homeland Security,” Politico, 2/11/25; https://www.politico.com/newsletters/west-wing-playbook/2025/02/11/paging-mr-vance-00203681; (“a DHS spokesperson said, ‘Like Elon Musk and so many other patriots, Mr. Lewandowski volunteers his time as a special government employee (SGE) . . .’”); “Kristi Noem dodges kicks from migrant suspect as she leads ICE deportation raids in Phoenix,” NY Post, 4/8/25; https://nypost.com/2025/04/08/us-news/kristi-noem-dodges-kicks-from-migrant-suspect-as-she-leads-ice-deportation-raids-in-phoenix/ (“Also in the BearCat with Noem was former Trump campaign manager and senior adviser Corey Lewandowski, who introduced himself to the federal agents as ‘chief of staff.’ DHS later clarified that he is an adviser to DHS and a special government employee.”)
[26] During Trump’s first term, Lewandowski faced calls for an ethics investigation for failing to register as a foreign agent or lobbyist. It is especially concerning that someone with this kind of history is being shielded from transparency and conflict of interest laws through designation as an SGE. “Is Corey Lewandowski Violating Lobbying and Foreign Agents Registration Laws?” Public Citizen, 5/3/17; https://www.citizen.org/news/is-corey-lewandowski-violating-lobbying-and-foreign-agents-registration-laws-public-citizen-calls-for-investigation/; “Amid Presidential Access Questions, Former Trump Campaign Manager Quits Lobbying Firm,” NPR, 5/5/17; https://www.npr.org/2017/05/05/527062471/amid-presidential-access-questions-former-trump-campaign-manager-quits-lobbying
[27] “Trump campaign brings Corey Lewandowski back on board,” Politico, 8/15/24; https://www.politico.com/news/2024/08/15/trump-campaign-brings-corey-lewandowski-back-on-board-00174155
[28] “Modesto native, an Elon Musk insider, is at the center of the DOGE access controversy,” Modesto Bee, 2/21/25; https://www.modbee.com/news/politics-government/article300370074.html; (“A Modesto native is now senior adviser at the U.S. Office of Personnel Management. He’s part of an ongoing takeover of federal offices by Elon Musk insiders. Brian Nils Bjelde was one of the first employees at SpaceX, a now $350 billion company owned by Musk.” “Now at the age of 44, he is a “special government employee” and senior adviser at OPM.”
[29] “Senior staff at the Office of Personnel Management told to prepare for eventual cuts to 70% of their workforce,” CNN, 2/3/25; https://www.cnn.com/politics/live-news/trump-tariffs-presidency-news-02-03-25#cm6pc1pkt001v3b6ms777chnl
[30] “Meet Steve Davis, Elon Musk’s Top Lieutenant Who Oversees DOGE,” NY Times, 3/20/25; https://www.nytimes.com/2025/03/20/technology/elon-musk-steve-davis-doge.html; “Who Is in DOGE? Tracking Its Staffers and Allies in the Federal Government,” NY Times, 2/27/25; https://www.nytimes.com/interactive/2025/02/27/us/politics/doge-staff-list.html; “Elon Musk, DOGE team offer unprecedented peek behind the curtain of Trump’s cost-cutting department,” Fox News, 3/27/25; https://www.foxnews.com/media/elon-musk-doge-team-offer-unprecedented-peak-behind-curtain-trumps-cost-cutting-department
[31] “Who is Steve Davis? Elon Musk’s go-to cost-cutter is working for DOGE,” LA Times, 12/27/24; https://www.latimes.com/business/story/2024-12-27/who-is-steve-davis-elon-musks-go-to-cost-cutter-is-working-for-doge
[32] “White House Staffer Who Worked for Private Clients Steps Down From Consulting Firm,” Wall Street Journal, 2/28/25; https://www.wsj.com/politics/policy/trump-staffer-katie-miller-steps-down-consulting-firm-1698720a (“Katie Miller, as a ‘special government employee,’ was allowed to work as a private consultant while serving in the White House.”); “Who Is in DOGE? Tracking Its Staffers and Allies in the Federal Government,” NY Times, 2/27/25; https://www.nytimes.com/interactive/2025/02/27/us/politics/doge-staff-list.html
[33] “Stephen Miller’s Wife Double Dips on DOGE Job and Apple Cash,” Daily Beast, 2/26/25; https://www.thedailybeast.com/stephen-millers-wife-katie-double-dips-on-doge-job-and-apple-cash/
[34] “The Trump Staffers Who Get Paid by Private Clients,” Wall Street Journal, 2/25/25; https://www.wsj.com/politics/policy/trump-administration-special-government-employees-75b2b6e5?mod=latest_headlines; “Who’s in Elon’s ear – and DMs,” Politico, 3/14/25; https://www.politico.com/newsletters/west-wing-playbook-remaking-government/2025/03/12/whos-in-elons-ear-and-dms-00227426
[35] “James M. Burnham,” The Federalist Society; https://fedsoc.org/contributors/james-burnham
[36] “The Trump Staffers Who Get Paid by Private Clients,” Wall Street Journal, 2/25/25; https://www.wsj.com/politics/policy/trump-administration-special-government-employees-75b2b6e5?mod=latest_headlines
[37] Ory Rinat profile, PitchBook; https://pitchbook.com/profiles/person/349695-19P#overview
[38] “Annals of having it both ways,” Politico, 2/26/25; https://www.politico.com/newsletters/politico-influence/2025/02/26/business-groups-lay-down-a-marker-on-taxes-00206347; (“Others with the [SGE] status include Steve Witkoff, who is handling peace talks between Ukraine and Russia in the Middle East”);
[39] “Steven Witkoff,” The Real Deal; https://events.therealdeal.com/ny-speakers/steven-witkoff
[40] “Adam Boehler withdraws nomination to be Trump’s top hostage negotiator,” NY Post, 3/14/25; https://nypost.com/2025/03/14/us-news/adam-boehler-withdraws-nomination-to-be-trumps-top-hostage-negotiator/; (“’Adam Boehler will continue to serve President Trump as a special government employee focused on hostage negotiations,’ a White House spokesperson told The Post.”); “The Trump Staffers Who Get Paid by Private Clients,” Wall Street Journal, 2/25/25; https://www.wsj.com/politics/policy/trump-administration-special-government-employees-75b2b6e5?mod=latest_headlines
[41] Rubicon Founders website; https://rubiconfounders.com/team/
[42] “President Trump Announces Appointments to the White House Faith Office,” 2/7/25; https://www.whitehouse.gov/presidential-actions/2025/02/president-trump-announces-appointments-to-the-white-house-faith-office/; (“Pastor Paula White-Cain will return to the White House as a Special Government Employee and Senior Advisor of the newly created White House Faith Office.”)
[43] Paula White Ministries website; https://paulawhite.org/about/
[44] White House Memorandum For David O. Sacks, Special Advisor For A.I. And Crypto, 3/5/25; https://www.whitehouse.gov/wp-content/uploads/2025/03/Memo-David-Sacks-3.5.2025-1.pdf; (“You have agreed to be a special government employee serving as Special Advisor for AI and Crypto.”)
[45] Craft Ventures website; https://www.craftventures.com/team/david-sacks
[46] “Calley Means joins White House as a special government employee, will assist with MAHA policies,” EndPoints News, 3/20/25; https://endpts.com/calley-means-joins-white-house-as-a-special-government-employee/; “RFK Jr.’s Adviser Torches ‘Utterly Failed’ Health Care System,” Politico Magazine, 4/5/25; https://www.politico.com/news/magazine/2025/04/05/calley-means-kennedy-trump-hhs-vaccines-00272034 (“One of MAHA’s leading voices is Calley Means, the bestselling co-author of Good Energy and former lobbyist for food and pharma, who now serves as a ‘special government employee’ at Kennedy’s side.”)
[47] Truemed website: https://www.truemed.com/author/calley-means; “With boost from RFK, Jr. and Tucker Carlson, two chronic disease entrepreneurs vault into Trump’s orbit,” STAT, 10/7/24; https://www.statnews.com/2024/10/07/calley-means-casey-means-conservative-voices-of-chronic-disease-crisis/
[48] “Musk touts DOGE transparency but downplays his own potential conflicts of interest,” CNN, 2/11/25; https://www.cnn.com/2025/02/11/politics/musk-trump-conflicts-of-interest/index.html
[49] “Musk will excuse himself from any conflicts, White House says,” Reuters, 2/25/25; https://www.reuters.com/world/us/musk-will-excuse-himself-any-conflicts-white-house-says-2025-02-05/.
[50] S.1491 – A bill to amend title 18, United States Code, to modify the definition of Special Government Employee, and for other purposes; https://www.congress.gov/bill/119th-congress/senate-bill/1491/titles?s=1&r=1