When a White House adviser during the first Trump administration told TV viewers to “Go buy Ivanka stuff,” top government lawyers quickly moved into action, telling her she had violated ethics rules and warning her not to repeat the action. While government ethics experts differ on whether the 2017 criticism of Kellyanne Conway went far enough, many now agree that similar violations may no longer even warrant an official rebuke.
A week after President Donald Trump turned the White House lawn into a Tesla infomercial for Elon Musk’s cars, a second sales pitch by a U.S. official occurred, this time for Tesla stock.
“It will never be this cheap,” U.S. Commerce Secretary Howard Lutnick said Wednesday. “Buy Tesla.”
Now the AP reports that government ethics experts argue that Lutnick’s comments broke a 1989 law prohibiting federal employees from using “public office for private gain,” which was later expanded to include a ban on endorsements. While presidents are generally exempt from government ethics rules, most federal employees are not, and violations typically lead to consequences, including rebukes like the one Conway received.
As of Friday, however, no public action had been taken against Lutnick, and it remained unclear whether he would face any repercussions. “They’re not even thinking of ethics,” said Richard Painter, former White House ethics czar and a vocal critic of Trump. “I don’t know if people care,” he added, regarding the potential public outcry.
During Trump’s first term, he faced accusations of violating the Constitution by opening his hotel near the Oval Office to foreign ambassadors and lobbyists, raising concerns that such actions could distort public policy for private gain. Trump’s company also launched a new hotel chain, “America Idea,” in hopes of capitalizing on his celebrity. On one occasion, Trump even proposed holding a G-7 summit at his struggling Doral golf resort. Yet, despite such controversies, the reaction to Conway’s “Ivanka stuff” comment showed that certain lines, at least in theory, could not be crossed.
Within days of Conway’s TV comment, the head of the federal ethics agency, the Office of Government Ethics (OGE), wrote a letter to the White House stating that Conway may have broken the law and urging an investigation. A White House lawyer subsequently met with Conway to remind her of the ethics law, and Conway assured him that she would adhere to it in the future.
But now, the Office of Government Ethics no longer has a head, as Trump dismissed the previous leader. Similarly, the inspectors general of various agencies, who would normally spearhead investigations, have also been removed.
“What is likely to happen now? I really don’t know,” said Kedric Payne, chief lawyer at the Campaign Legal Center, a non-profit watchdog that called for an investigation into Lutnick’s remarks. “We no longer have the head of the Office of Government Ethics to push the Commerce Department to make sure the secretary acknowledges the law.”
Payne further noted that while Lutnick’s comment on TV may seem like a small infraction, it could spiral into a much larger issue if left unchecked. “It starts with one TV appearance, but can develop into multiple officials asking people to support companies and products,” Payne said. “If there are no consequences, you get into a danger zone of corruption.”
The AP notes that Trump critics point to other examples of the administration’s disregard for ethical norms, citing his pardons for the Jan. 6 Capitol rioters, his decision to allow the Trump Organization to pursue business deals abroad, and his attacks on the Foreign Corrupt Practices Act, which bans U.S. companies from bribing foreign officials to win business.
In previous administrations, presidents were far more circumspect when it came to endorsing products. For example, Harry Truman once called Pillsbury flour the “finest,” and John F. Kennedy said United Airlines was “reliable.” Ronald Reagan famously extolled his love for jelly beans, calling them the “perfect snack.”
Trump, however, took things to a new level. Last week, five Teslas were lined up in the White House driveway as Trump praised Musk’s company. He even slipped into a red Model S he had targeted for personal purchase, exclaiming, “Wow. That’s beautiful.”
“Presidents are allowed to have personal opinions on products they like and dislike,” said ethics lawyer Kathleen Clark, referring to the Truman through Reagan examples. “But what Trump did was transform the White House into a set for advertising the products of a private company.”
“It’s the difference between holding an extravaganza and holding an opinion,” she added.
In the wake of the Tesla White House event, Massachusetts Sen. Elizabeth Warren and three other senators wrote a letter to the OGE, urging an investigation into the event. While presidents are exempt from the ethics law banning endorsements, they pointed out that Musk is not, and called for an investigation into whether he had violated any laws.
A spokeswoman from Warren’s office confirmed that the OGE had not yet responded to their request. The OGE itself declined to comment on either the Warren letter or Lutnick’s TV appearance.
The Commerce Department also did not respond to requests for comment from the Associated Press.
Asked whether Lutnick would be reprimanded or if an investigation would be opened, White House spokesman Kush Desai defended Lutnick, lauding “his immensely successful private sector career” and his “critical role on President Trump’s trade and economic team.”
The AP reports that former White House ethics chief Painter, meanwhile, accused Democrats of also playing fast and loose with ethics laws. He criticized the Clinton Foundation for accepting donations from foreign governments when Hillary Clinton was Secretary of State, as well as President Joe Biden for not removing his name from a research institute at the University of Pennsylvania that appeared to be benefiting from foreign donations.
But Painter stressed that the defiance of ethics rules under Trump had reached a new low. “There’s been a deterioration in ethics,” he said. “What Biden did wasn’t good, but this is worse.”
{Matzav.com}

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