As the sister reply says, Elon isn't going to be the head of a federal department at all. DOGE will just be an "advisory" group (wink, wink). Of course, Trump

As the sister reply says, Elon isn't going to be the head of a federal department at all. DOGE will just be an "advisory" group (wink, wink). Of course, Trump will probably do whatever they advise him to do as far as cutting things, so it's not that much of a meaningful distinction, but it is a legal distinction which should avoid the legal issue you refer to (Xitter being run by a department head).