Congress Questions Whether David Sacks Has Exceeded Legal Limit as Crypto Adviser

Lawmakers have challenged David Sacks over his status as a Special Government Employee, raising concerns that he may have gone beyond the legal limit of days permitted under that classification. Senator Elizabeth Warren, joined by other Democrats in Congress, has asked Sacks to provide detailed accounting of how many days he has worked this year in his role overseeing crypto and artificial intelligence policy in the White House.

The SGE role, defined by United States law, allows an individual to serve the federal executive branch on a temporary or intermittent basis for no more than 130 days during any period of 365 consecutive days. That cap applies regardless of whether the work is compensated or a part of ongoing duties. Any day on which the SGE performs government work—be it meetings, emails, or decision-making—is counted. Federal ethical rules make clear that SGEs are treated differently than full-time federal employees, particularly in terms of conflicts of interest, disclosure obligations, and time limits.

According to the letter signed by Warren and others, if Sacks has worked every business day since President Trump took office on January 20, his 130th day of work as an SGE would have been July 25, 2025. That calculation presumes that each weekday counts toward the limit under the law. The lawmakers have requested that Sacks submit records showing his workdays, both in Washington D. C. and elsewhere, including days he may have conducted official duties while outside the capital. They also asked who in the White House is tracking his days of service under the rules set by the Office of Government Ethics.

If it is found that Sacks has already surpassed 130 workdays, critics say that his continued service under the designation could undermine the integrity of the SGE classification. One concern is that SGEs were designed to allow for temporary expert input without some of the regulatory burdens full employees face, but exceeding the limit could allow someone with SGE status to gain influence similar to a more permanent official without equivalent oversight. Warren’s letter notes that Sacks maintains private sector ties—including work with Craft Ventures—while serving in his White House role, and uses the SGE designation in part to avoid broader disclosure requirements that full federal employees must fulfil.

The controversy has sparked wider debate over how rigidly the 130-day cap is enforced. The Office of Government Ethics issued a legal advisory in October 2024 clarifying how to count service days, including travel, part-time duties, and work performed remotely. That guidance states that any day on which the SGE is paid for government work counts—even if only part of the day—but that de minimis tasks or travel if uncompensated may not.