Shortly after his inauguration, President George H. W. Bush counseled freshly minted White House appointees that, “It’s not really very complicated. It’s a question of knowing right from wrong, avoiding conflicts of interest, bending over backwards to see that there’s not even a perception of conflict of interest.
.. By holding themselves to the same exacting standards as the rest of the executive branch, they sent a clear message to those serving under them.
.. This tradition came to an abrupt stop with President Trump. By continuing to hold onto his businesses and effectively advertising them through frequent visits to his properties, our leader creates the appearance of profiting from the presidency. As things stand, we can’t know whether policy aims or personal financial interests motivate his decisions as president. Whatever his intentions may be, the resulting uncertainty casts a pall of doubt over governmental decision-making.
.. Every past administration actively supported O.G.E.’s work and respected it for taking stands when necessary. That White House support provided the office with the leverage it needed to fulfill its mission.
.. The Office of Government Ethics has been performing the same service it has always provided with respect to the current administration’s nominees. In fact, I have succeeded in moving President Trump’s nominees on average almost a week (six days to be exact) faster than I moved President Obama’s nominees during the last presidential transition, without compromising O.G.E.’s high standards. I am particularly proud of this accomplishment because this administration’s nominees generally hold far more complex financial interests than the last administration’s nominees, a circumstance that would normally be expected to slow O.G.E.’s work.
A White House lawyer made the extraordinary assertion that “many regulations promulgated by the Office of Government Ethics (‘OGE’) do not apply to employees of the Executive Office of the President.”
Appearing to echo this view, the Office of Management and Budget challenged O.G.E.’s authority to collect routine ethics records.
Even some presidential nominees have pushed back against ethics processes with uncommon intensity.
.. the very official charged with responsibility for White House ethics, the counsel to the president. His office recently ginned up ten unsigned, undated waivers, many of which seem intended to have retroactive effect, raising the specter of a possible effort to paper over ethics violations. Worse, the counsel appears to be both issuer and recipient of two waivers.
.. Defenders of the status quo also seem unwilling to acknowledge the existence of a problem absent clear evidence of significant violations. This argument risks legitimizing an approach of bare minimum legal compliance. The existence or absence of identified violations is not the only measure of an ethics program — no program can detect every violation and those detected are often hard to prove.
.. Those systems depend on adherence to ethical norms.
.. Recent experiences have convinced me that the existing mechanism is insufficient. The Office of Government Ethics needs greater authority to obtain information from the executive branch, including the White House. The White House and agencies lacking inspectors general need investigative oversight, which should be coordinated with O.G.E.
.. Because we can no longer rely on presidents to comply voluntarily with ethical norms, we need new laws to address their conflicts of interest, their receipt of compensation for the use of their names while in office, nepotism and the release of tax forms.
.. Disclosure requirements can be refined and the revolving door tightened.