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The GOP’s plan to let Trump choose his own ethics chief
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The GOP’s plan to let Trump choose his own ethics chief

Former President Donald Trump’s top ally in the Senate is working to block the nomination of the government’s top anti-corruption official until after Inauguration Day — a tactic designed to give Trump the power to choose his own ethics monitor if he wins the election.

In a move reminiscent of Republicans blocking confirmation hearings for President Barack Obama’s Supreme Court nominee until after the 2016 election, U.S. Sen. Mike Lee (R-UT) recently said in a speech on the Senate floor that the confirmation of a new ethics official should not move forward until after the 2016 election. the election is decided. Lee took the opposite position when Trump had the chance to fill a Supreme Court seat in late 2020, demanding that the nomination be made before that year’s election.

At issue is the top post in the U.S. Office of Government Ethics, the federal agency responsible for monitoring compliance with federal anti-corruption laws, which has been vacant for more than a year. This position – which is appointed for a five-year term so that it overlaps administrations – is essential during a presidential transition, since the office reviews new White House appointees to ensure they follow laws on ethics.

That involves deciding whether the president and top White House officials should divest their personal financial assets to comply with laws prohibiting financial conflicts of interest in their government roles. The office can also offer massive tax breaks to those who divest their holdings.

If Trump appoints Elon Musk, CEO of SpaceX and Tesla, to a position in his administration, an idea for both men to have floatedThe Office of Government Ethics could find itself overseeing the conflicts of interest of the world’s richest man, whose companies hold billions in public procurement. As THE Lever recently reportedA little-known provision of the tax code could allow Musk to receive a gargantuan tax break if he is appointed to an official position in a second Trump administration and forced to divest some of his holdings.

In September 2023, President Joe Biden appointed David Huitema, who currently manages the State Department’s ethics program, to take the position at the Office of Government Ethics, replacing former director Emory Rounds, a Trump appointee whose term had ended. two months ago.

However, despite Huitema’s words seasoned career as an ethics lawyer, more than a year after his nomination, he still hasn’t been confirmed to be the office’s next director — thanks in part to interference from Lee, a former Trump opponent who is has since become one of his greatest opponents. ardent supporters and is considered a likely candidate for attorney general if Trump comes to power.

With the 2024 election just days away, insiders say a leadership vacuum at the Office of Government Ethics makes it increasingly likely the position will remain vacant until the next administration takes office – which could allow Trump, if he wins on November 5, to choose manually. its own ethics chief.

“Traditionally, this position has always been filled before the transition,” said Virginia Canter, chief ethics adviser at Citizens for Responsibility and Ethics in Washington, a watchdog group that fights political and money corruption. black. That creates uncertainty as the election approaches, Canter said.

The Office of Government Ethics’ mission is to combat political corruption in the executive branch. He is responsible for enforcing ethics laws for federal officials, including the president and his closest entourage. It holds public officials accountable for disengaging from conflicts of interest and ensures they disclose their business dealings and finances to the public.

Experts have been warning for a long time that the agency does not have the authority or resources it needs to effectively combat corruption. During the first Trump administration, former President fought with the ethics officer at the time, Walter Shaub, tempting to avoid disclosure of corporate lobbyists working for the administration and resisting disclosure of his own finances.

This election season, Trump is again flouting anti-corruption rules. His campaign has so far failed to sign a White House transition plan, including ethics rules intended to avoid conflicts of interest, to move toward a transfer of power after the November election.

Under a second Trump administration, the Office of Government Ethics would once again have to face the former president — and his political appointees. This time around, Trump’s inner circle could include Musk.

“I think it’s very likely that in a second Trump administration, it would be a Trump appointee who would decide whether Elon Musk could get a massive tax break,” said Shaub, the former director of the Office of the President. governmental ethics. Lever.

Shaub left the agency in 2017 amid growing tensions between the Trump administration and ethics officials. He came away with a warning: changes to federal ethics law, including stricter standards for conflict of interest disclosure and divestment, were necessary to prevent political corruption.

“It’s difficult for the United States to continue its international anti-corruption and ethics initiatives when we’re not even keeping our own side of the street clean,” Shaub told the newspaper. New York Times at the time.

Shaub was replaced by Rounds, a relatively uncontroversial Trump appointee who chose some of his own struggles with the Trump administration during his term. Rounds’ five-year term expired in July last year, leaving a vacancy under Biden.

“Emory Rounds is a man of integrity who believes in the government’s ethics agenda,” Shaub said. “He was a credit to this position while he held it. Trump gets no credit for it.” He added that the Trump administration chose Rounds, who served in the Bush administration“without realizing that he would keep his oath.”

Initially, Biden’s pick for the job — Huitema — seemed to receive little attention. At his confirmation hearing in April, he received mundane questions about his priorities for the agency. He told lawmakers that the Office of Government Ethics “finds itself underfunded, understaffed and overloaded with missions” and that it was likely to experience a “surge” in workload when the next presidential administration takes power.

But when the Senate tried to pass Huitema’s nomination on September 25, it became clear that some Republican lawmakers did not want his nomination to move forward.

“We are just weeks away from a presidential election, a presidential election that will determine who will be president of the United States for the next four years,” Lee said. told fellow lawmakers as he opposed Huitema’s confirmation.

Lee argued that “we should wait to see who gets elected” before Huitema is confirmed, referencing past battles between the Office of Government Ethics and Trump and his allies. Otherwise, it would risk “further weaponizing our government” against Trump.

Lee’s office did not respond to a request for comment from Lever.

“There is a real irony in Senator Lee’s objection,” Shaub said, noting that Lee happily supported The nomination of Supreme Court Justice Amy Coney Barrett just before the 2020 election. “I don’t remember him bothering to give the winner of an election the chance to fill a vacancy when he was considering (Barrett’s) nomination.”

In September 2020, Lee appeared on Fox News and said, “I expect Amy Coney Barrett to be the president’s nominee, and I would support that nomination wholeheartedly.” »

Lee’s objection to Huitema’s nomination proved successful. The nomination has not moved forward since the hearing, leaving a position likely vacant for election.

Meanwhile, experts stress the need to reform of government ethics rules remains. Before Biden took officehe promised broad ethics reforms, including stricter conflict of interest laws and expanded disclosure standards. He even promised a completely new government agency — the “Federal Ethics Commission” — to enforce and supervise ethics rules.

Yet even though Biden issued some new ethical rules targeted against lobbyists and the corporate “revolving door” in government early in his term, he failed to deliver on his promises. its greatest promises on issues such as financial disclosure and enforcement of ethical standards, even as a possible second Trump presidency looms.

For her part, Vice President and Democratic presidential candidate Kamala Harris makes no mention of government ethics. in his campaign program.

And now Trump could inherit a leaderless ethics agency. Shaub warned that his pick “probably wouldn’t hold a candle” to Rounds, the ethics chief during his first administration.

“Trump will absolutely choose someone terrible,” Shaub said.