Ammon News - Elon Musk's newest role as "special government employee" could pose possible legal and ethical questions, experts say, raising concerns about the SpaceX and Tesla CEO's potential access to confidential information.

Congressional Democrats have already been questioning why an unelected billionaire is linked to key decisions in the Trump administration.

White House Press Secretary Karoline Leavitt confirmed Musk's role as a "special government employee" on Monday.

The special government employee designation is typically issued when the government needs a specialized expert for a project, government initiative or advisory council.

The role is defined as "anyone who works, or is expected to work, for the government for 130 days or less in 365 day period," whether paid or unpaid, per the Department of Justice.

It's not immediately clear if Musk is being paid. The White House did not immediately respond to Axios' request for comment.
What they're saying: Musk's new designation is an "unusual, really irregular arrangement," Jessica Tillipman, associate dean for government procurement law at George Washington University Law School, told Axios.

One of the bigger concerns, she said, "is you have an individual who has significant financial interests in the United States, particularly in the form of government contracts, who also now, according to the news media reports, is accessing confidential information."

That could give him access to information that provides an unfair competitive advantage in the procurement process, Tillipman added.

"I'm just not aware of ever a special government employee, or anybody, having this type of expansive authority, other than the president," she said.

Special government employees are "subject to most rules, although sometimes in a less restrictive way," per the DOJ.

Ethics rules apply differently to individuals who qualify as special government employees versus other federal employees and officials, according to the Department of the Interior.

Richard W. Painter, who served as chief White House ethics lawyer under President George W. Bush, told Axios that as a special government employee, Musk can keep his financial disclosure form confidential.

"He's found a loophole in the disclosure laws, even though he's performing functions that are far in excess of what I've ever heard performed by a special government employee," said Painter, a professor of corporate law and government ethics at the University of Minnesota.

But if he surpasses the 130-day limit, "someone's going to come along and say he's really acting like a full-time United States government official, and we have a right to his financial disclosure form," Painter added.

Between the lines: The criminal conflict of interest statute requires Musk to avoid conflicts of interest, Painter noted.

That means he may not participate in any government matter that has a direct predictable effect on his own financial holdings.
"He could divest the financial interests that create the conflicts of interest, or he can recuse himself from government matters that affects those companies and those financial interests," Painter said. Axios