The Mercury News

Ethics agency to review waivers for Trump

- By Bill Allison

WASHINGTON — The federal ethics agency is reviewing every waiver of conflict-of-interest rules that President Donald Trump’s appointees have received.

A memorandum from the U.S. Office of Government Ethics seeks documentat­ion of waivers granted to appointees ordinarily required to recuse themselves from matters in which they or family members have a financial interest.

Issued by the agency’s director, Walter Shaub, it specifies that all agencies and appointees, “including White House officials,” must comply with the notice, which covers appointees in the administra­tions of Trump and Barack Obama.

Trump issued an ethics order in January, days after being inaugurate­d, requiring his appointees to recuse themselves for two years from matters involving former employers and clients. However, the White House and federal agencies can suspend that requiremen­t for various reasons, including in cases where having an official’s expertise in a matter outweighs the potential for a conflict of interest. Such waivers aren’t required to be disclosed under federal law.

Seven Democratic senators, led by Sheldon Whitehouse of Rhode Island, wrote to Trump requesting that he make such waivers public after media accounts of former lobbyists and other officials in his administra­tion receiving secret waivers.

In the April 20 letter, the Democrats wrote that Obama made such documents publicly available. “You have not followed this precedent,” the letter said.

The senators cited a waiver granted to Marcus Peacock, who briefly worked in Trump’s Office of Management and Budget before leaving to join Business Roundtable, a conservati­ve-leaning group of chief executive officers. The lobbying group said the administra­tion had granted Peacock a waiver of the fiveyear ban on former officials engaging in lobbying, trimming it to six months in his case. The ethics agency and the White House didn’t respond to requests for comment.

The Ethics in Government Act, the 1978 law that created the agency, gives it the power to conduct the review. Under the measure, agencies are required to provide the agency with “all informatio­n, reports, and records” that its director determines are necessary to perform his duties. The agency set a June 1 deadline to receive the documents. The review will include waivers granted to officials during the last months of the Obama administra­tion and the first months of Trump’s.

The White House has previously indicated it didn’t believe the agency’s authority extended to its appointees.

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