Newly released government emails reveal that the U.S. Marshals Service bypassed standard training and experience requirements to deputize members of Elon Musk’s private security team as federal agents during his tenure in the second Trump administration.
The documents, obtained via a Freedom of Information Act request by the advocacy group Democracy Forward, show that some of the billionaire’s guards were granted special law enforcement status despite lacking the mandatory “basic law enforcement training program” or the required year of experience with an agency possessing general arrest authority.
This unusual arrangement, which began in February 2025, allowed Musk’s personal security detail to carry weapons within certain federal buildings. The decision followed a request the Marshals Service stated originated from the White House, coinciding with Musk’s role as a senior adviser to President Donald Trump and his leadership of the Department of Government Efficiency (DOGE).
The revelation that Marshals waived training rules for Musk DOGE security comes at a time when the agency’s use of special deputations was already under federal scrutiny. A September 2024 audit report from the Justice Department’s inspector general had previously found that the service had deputized ineligible individuals and granted authority for questionable purposes.
The Process of Granting Waivers
According to the emails, the Marshals Service began considering the deputization of Musk’s detail during the first week of February 2025. This period saw Musk deeply involved in efforts to dismantle federal agencies, including the U.S. Agency for International Development (USAID).
Internal communications from February 10 detailed a “hiccup” in the process: several members of the security team did not meet the basic eligibility criteria for federal law enforcement status. Despite these deficiencies, Rich Kelly, then the associate director for operations and the agency’s third-in-command, authorized waivers three days later, granting the bodyguards an exception to the standard rules.
The agency later clarified that these deputations were limited to “personal protection” and did not grant the guards the authority to make arrests. However, the documents indicate the deputations were scheduled to last for two years. It remains unclear whether the Marshals Service has since terminated these special statuses.
A Pattern of Federal Access
The security arrangements were part of a broader trend of DOGE personnel utilizing the Marshals Service to exert influence over federal operations. In March 2025, federal marshals escorted DOGE officials into the U.S. African Development Foundation. DOGE employees reportedly threatened to involve the Marshals Service to gain access to internal systems at USAID.
This level of access and the waiving of rules sparked immediate concern among lawmakers. A lawyer for Sen. Richard Durbin (D-Ill.) emailed the agency expressing unease and questioning the “liability exposure” the Marshals Service would face if a security incident occurred. The agency’s response to the senator was not included in the released documents.
Context of the DOGE Tenure
Musk’s time as a “special government employee” was marked by a campaign to eliminate agencies wholesale without congressional approval. While DOGE ultimately failed to curtail overall spending levels, the effort was characterized by significant legal friction. In May 2025, a federal judge ruled that DOGE’s attempt to seize over the U.S. Institute of Peace was unlawful.
During a February 2025 interview at the Conservative Political Action Conference, Musk addressed the size of his security detail after being described as a “wanted man.” He suggested the detail “maybe should be bigger,” adding, “I don’t actually have a death wish, I think.”
The internal government documents also highlight a different facet of the relationship between Musk and the Marshals Service: the release of January 6 defendants. Emails show significant coordination in December 2024, prior to Trump taking office, regarding the release of these prisoners.
Shortly after President Trump pardoned approximately 1,500 January 6 defendants, Musk amplified a post by activist Charlie Kirk describing the defendants as “hostages” and urged families to report any difficulties with the release process. The following day, a Marshals Service official circulated an “awareness item” to staff flagging Musk’s social media activity.
Summary of Security Deputation Timeline
| Date | Event | Action/Detail |
|---|---|---|
| Early February | Initial Review | Marshals Service considers deputizing Musk’s detail. |
| Feb 10 | Eligibility Gap | Emails identify guards lacking training and experience. |
| Feb 13 | Waivers Granted | Associate Director Rich Kelly authorizes exceptions. |
| Late February | Public Comment | Musk discusses security needs at CPAC interview. |
| March | Agency Access | Marshals escort DOGE officials into African Development Foundation. |
Skye Perryman, CEO of Democracy Forward, stated that these documents underscore a period of “lawlessness” and the abuse of government resources. Musk did not respond to requests for comment regarding the waivers.
The Marshals Service stated on Thursday that it was not immediately able to answer specific questions regarding the current status of these deputations.
The legal implications of these waivers may continue to be examined as Democracy Forward and other oversight bodies review the full scope of the FOIA release. The next confirmed checkpoint for further clarity will be the agency’s formal response to the outstanding inquiries regarding the current status of the security detail’s federal authority.
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