Disclaimer: I am not a constitutional scholar, but I still harbor a quaint belief in the rule of law and stuff.
I don't see how Musk can operate in his current role without Senate confirmation. The appointments clause requires any principal officer of the United States (who exercises "significant authority") to be confirmed first. And if locking agency heads out of their own systems isn't "significant authority", I don't know what could be.
Sigh.
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