Monday is Presidents Day – who’s our real president?

Monday is Presidents Day, and it may be the first one when many are asking – who is the real President of the United States? By all accounts, the person wielding the largest amount of power is Elon Musk, who this week held a 30-minute press conference from the Oval Office about his “Department” of Government Efficiency (DOGE). Per an executive order signed this week, Musk’s influence has expanded further, as DOGE is now formally embedded within every U.S. government agency to “transform” and gut the federal workforce. At the same time, the White House faces an increased number of lawsuits from labor unions and attorneys general regarding the legality of Elon’s actions and the authority of DOGE.*

For the vast majority of Jewish Americans, Musk’s power is of deep concern because he is debasing our democracy, aligning with the far-right at home and abroad, and taking a wrecking ball to the federal government. The future of democracy was the leading issue driving the Jewish vote in the past two elections, and Elon Musk represents oligarchy. He was neither elected nor confirmed, and his ascent to the Oval Office appears to be payback for his nearly $300 million contributions to Republicans in 2024. Elon Musk is a direct threat to our democracy, and Republicans in Congress are allowing him to usurp congressional authority and grab the power of the purse.

SHUSH YOUR MOUTH

Since inauguration, Musk has operated with unchecked power, and this week’s Oval Office presser was essentially the real-life manifestation of the recent Time magazine cover that pictured him behind the resolute desk. If there was any doubt, consider the actions of Musk’s four-year-old son, who appeared to tell the president, “I want you to shush your mouth.” The president complied, sitting uncharacteristically silent for about ten minutes as Elon lectured about “democracy vs. bureaucracy” and made inaccurate claims about the alleged findings of DOGE.

FOURTH BRANCH OF GOVERNMENT

In his monologue from the Oval Office, Musk referred to the federal bureaucracy as the “unelected fourth unconstitutional branch of government.” He surmised that the Founding Fathers would be “disappointed” the bureaucracy “has more power than any elected representative.” The incredible irony of an unelected billionaire speaking from the Oval Office about the virtues of democracy – as the president silently watched – should not be lost on the American people.

Of course, there is no fourth branch of the U.S. government, and this Executive Branch appears to have little regard for the other two branches, circumventing the authority of Congress and now questioning the authority of the courts. In this White House, the metaphor of a fourth branch of government wielding unauthorized power can only be applied to Musk himself. As constitutional scholar Rep. Jamie Raskin assured us, “we don’t have a fourth branch of government called Elon Musk.”

DEMAND ACTION

With the Republicans who control the Senate and House refusing to stand up to Trump, it’s hard to imagine a scenario where Congress fully reclaims its constitutional authority between now and the midterm elections, when Democrats have a good chance of retaking the House. At the same time, we should demand action from our members of Congress on both sides of the aisle. Members of Congress from both parties are reportedly hearing from their constituents in record numbers – according to one, “it’s a deluge on DOGE” – and we should all ensure that continues.

COUNTING ON THE COURTS

It’s not hyperbole to say that the future of American democracy currently depends on the judicial branch, which is considering dozens of cases against the White House, the majority focused on DOGE. In cases that have been decided, judges – appointed by Republican and Democratic presidents, spanning the ideological spectrum – have ruled against the administration, and nearly 20 rulings have temporarily paused some of its actions and executive orders. At the same time, the administration is appealing many of the cases, and it’s likely several will reach the Supreme Court.

CONSTITUTIONAL CRISIS?

The real test of our democracy is whether the White House will adhere to court rulings, including those it plans to appeal. This week, Vice President Vance indicated they may not, warning that “judges aren’t allowed to control the executive branch’s legitimate power.” At least one federal judge said the White House is defying its order to release billions in federal grants and loans, and Republican lawmakers urged the White House to follow court orders.

We’re not giving up and will keep fighting to defend our democracy, driven by our core Jewish values and commitment to “tzedek, tzedek, tirdof” – justice, justice, you shall pursue. We know this is a top priority for Jewish Americans and are grateful hundreds of you have joined us and taken action this week alone. If you’re not one of them, we hope you’ll join JDCA as a member and take action with us today.

Shabbat Shalom,

Halie Soifer

CEO, Jewish Democratic Council of America