Elon Musk on doj: what the evidence says · JRE #2223

FACT CHECK // JRE #2223 // EXHIBIT LOG
EPISODE AIRED NOV 1, 2024 · THE JOE ROGAN EXPERIENCE
CLAIM CMRCOS72STATUS: PUBLISHED
SUBJECT: DOJ
SpeakerElon Musk
Timestamp19:17
Aired
RulingNeeds Context

Not a true/false call. Every claim is logged with its sources; read the exhibits below.

// THE CLAIM · ON TAPE
the DOJ has been attacking SpaceX, for example, for not hiring asylum seekers, even though it is legal for SpaceX to hire anyone who is not a permanent resident of the US.
Elon Musk@ 19:17
Watch on YouTubeJUMP TO 19:17

What the evidence says 01 / RECORD

In August 2023 the DOJ sued SpaceX, alleging that from 2018 to 2022 the company routinely discouraged asylees and refugees from applying and refused to hire them, in violation of the Immigration and Nationality Act. DOJ's complaint said SpaceX wrongly claimed federal export-control (ITAR) law barred it from hiring anyone who wasn't a citizen or permanent resident, when those laws impose no such blanket restriction, and that SpaceX hired only one asylee in nearly four years, after the investigation began. Musk's framing that DOJ punished SpaceX for legal conduct inverts DOJ's actual allegation, that SpaceX unlawfully excluded legally work-authorized asylees and refugees based on a mistaken legal premise. The case never reached a merits ruling: after SpaceX won a preliminary injunction challenging the proceeding's constitutionality, DOJ moved to dismiss in February 2025, and the case was dismissed with prejudice without any finding on whether SpaceX's hiring practices were lawful. Verdict: misleading, since the dispute was over SpaceX's legal justification for excluding hireable workers, not DOJ objecting to lawful conduct as Musk suggests.

[ FOLLOW THE MONEY ]

Who Benefits

Elon Musk is SpaceX's founder, CEO, and controlling shareholder; framing the DOJ's hiring-discrimination lawsuit against SpaceX as an attack on legal conduct, rather than acknowledging DOJ's actual allegation of unlawful exclusion of work-authorized asylees and refugees, protects SpaceX's reputation and legal position, a company in which Musk holds a direct financial and control stake.

Source: apnews.com
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