> P.S. Item #1 may not apply depending on on some other court cases, where the Trump administration is refusing to say exactly WTF Musk's role actually is
No, they've said in court that he is a White House advisor with no decision-making role (not even at the recently-renamed US DOGE Service, which—despite the public portrayal of him as (originally co-)head of DOGE, he is not formally involved in).