ParadisePapers show Trump Commerce Secretary Has Ties to Putin Cronies

From today’s Slate Magazine by Daniel Politi:

Looks like it’s Panama Papers Part Two. The non-profit International Consortium of Investigative Journalists began publishing on Sunday what it is calling the Paradise Papers. More than a year after the organization’s network of journalists around the world shook up politicians in several countries with leaked data on offshore havens, another trove of documents taken from a Bahamas-based firm promises to expose how companies and the wealthy use complicated structures to skirt taxes. Most of the more than 13.4 million documents, which were analyzed by a group of more than 380 journalists in 67 countries, are from Bermudan law firm Appleby.

Among the most explosive revelations so far involves news that Commerce Secretary Wilbur Ross shares business interests with close allies of Russian President Vladimir Putin, which he failed to fully disclose during confirmation hearings. The documents show Ross continues to have a significant interest in a shipping firm that has a Russian energy company as one of its main clients. The owners of that company include Putin’s son-in-law and an oligarch under U.S. sanctions. The stake in the firm is held in Cayman Islands, just like much of the commerce secretary’s massive wealth that has been estimated at more than $2 billion.

The Commerce Department is not disputing the allegations. Ross “recuses himself from any matters focused on transoceanic shipping vessels, but has been generally supportive of the administration’s sanctions of Russian and Venezuelan entities,” a spokesman said. “He works closely with Commerce Department ethics officials to ensure the highest ethical standards.”

Lawmakers who were part of Ross’ confirmation hearings say they feel duped. During the process, Ross was asked about his ties to Russia and his investment in another shipping company, but Navigator never came up. Sen. Richard Blumenthal from Connecticut told NBC News that the general impression was that Ross had gotten rid of his stakes in Navigator, and they didn’t know about the firm’s ties to Russia. “I am astonished and appalled because I feel misled,” Blumenthal said. “Our committee was misled, the American people were misled by the concealment of those companies.” Ethics experts say that even if there is nothing illegal about the arrangement, it still raises several ethical questions because one of the lead voices in the administration’s trade policy could make money from business with Russia.

Read the entire article here.

Former Trump campaign aide George Papadopoulos pleads guilty to lying to the FBI agents in Mueller probe

From today’s LA Times Update on #RussiaGate :

A former foreign policy advisor to Donald Trump’s presidential campaign has pleaded guilty to lying to the FBI about his contacts with Russians who claimed to have “thousands of emails” on Hillary Clinton, in the latest charges filed in the investigation of the Trump campaign’s contacts with Russia.

George Papadopoulos, 30, of Chicago, has agreed to cooperate with the investigation led by special counsel Robert S. Mueller III, according to a plea agreement unsealed on Monday.

He pleaded guilty on Oct. 5 to making false statements to disguise his contacts with Russians whom he thought had “dirt” on Clinton, according to court papers. He was arrested in July as he got off a plane at Dulles International Airport.

After he was contacted by an unnamed Russian professor in March, Papadopoulos exchanged emails with an official in the Russian foreign ministry, court papers say. Among the topics he discussed was a possible visit by Trump to Russia.

“As mentioned we are all very excited by the possibility of a good relationship with Mr. Trump,” one Russian emailed him.

In April, after he had become an advisor to the campaign, Papadopoulos met with the Russian professor at a London hotel. The professor said he had just returned from a trip to Moscow, where he was told “the Russians had emails of Clinton.”

Papadopoulos told other leaders in the Trump campaign that he was in contact with Russians, and said there were some “interesting messages coming in from Moscow about a trip.”

Read more about the collusion of Trump’s campaign with the Russian government here.

Pence casts deciding vote in Senate to deny consumers rights to sue banks

From today’s Washington Post by Ken Sweet:

Call it a win for “the swamp.”

President Trump and Republicans in Congress handed Wall Street banks a big victory by effectively killing off a politically popular rule that would have allowed consumers to band together to sue their banks.

The 51-50 vote in the Senate, with Vice President Mike Pence casting the deciding vote, means bank customers will still be subject to what are known as mandatory arbitration clauses. These clauses are buried in the fine print of nearly every checking account, credit card, payday loan, auto loan or other financial services contract and require customers to use arbitration to resolve any dispute with his or her bank. They effectively waive the customer’s right to sue.

The banking industry lobbied hard to roll back a proposed regulation from the Consumer Financial Protection Bureau that would have largely restricted mandatory arbitration clauses by 2019. Consumers would have been allowed to sue their bank as a group in a class-action lawsuit. Individual consumers with individual complaints would still have to use arbitration under the rules.

President Trump is expected to sign the Senate resolution into law, overturning yet another Obama-administration initiative. Trump spent months of the 2016 campaign accusing his opponent Hillary Clinton of being in the pocket of the big banks and therefore unwilling to take on Wall Street.

At least among voters, the CFPB’s regulations had bipartisan support. A poll done by the GOP-leaning American Future Fund found that 67 percent of those surveyed were in favor of the rules, including 64 percent of Republicans. Other polls on the subject show similar levels of support.

The overturn marks a significant victory for Wall Street. After the financial crisis, Congress and the Obama administration put substantial new regulations on how banks operated and fined them tens of billions of dollars for the damage they caused to the housing market. But since Trump’s victory last year, banking lobbyists have felt emboldened to get some of the rules repealed or replaced altogether. Top or near the top of the list was the CFPB’s arbitration rules.

“(The) vote is a giant setback for every consumer in this country. Wall Street won and ordinary people lost. This vote means the courtroom doors will remain closed for groups of people seeking justice and relief when they are wronged by a company,” said CFPB Director Richard Cordray, who was appointed by President Barack Obama, in a statement.

The big banks and its lobbyist groups are calling this a victory for U.S. consumers, saying that arbitration is faster and the rules would have been an economic stimulus package for class-action trial lawyers. They also cite statistics from the Consumer Financial Protection Bureau’s own 2015 study that show that the average award from a class-action lawsuit is roughly $32 while an award from arbitration is $5,389.

But reality is more complicated. At best, the banking industry’s arguments twist the truth.

The reason why the award for most class-action suits is small is because people don’t typically sue individually his or her bank over a small sum of money, like an overdraft charge or account service fee, because it’s not worth the financial effort to recover a $10, $25, or $35 fee. Arbitration cases are less common, and usually involve more substantial disputes, hence the larger awards. Also the majority of consumers resolve their dispute with their banks in person, typically at a branch or over the phone.

If the CFPB’s rules had gone into effect, companies like Wells Fargo, JPMorgan Chase, Citigroup and Equifax would have been exposed to billions of dollars in lawsuits for future bad behavior. The Center for Responsible Lending estimates the U.S. banking customers paid $14 billion dollars in overdraft fee last year, and the industry has gotten in trouble in the past for shady tactics like transaction reordering, where a bank would reorder a day’s debits and withdrawals to extract the most overdraft fee income from its customers that day.

To overturn the CFPB’s rule, Congress used the Congressional Review Act. The CRA allows Congress to overturn any executive agency’s rules or regulations with a bare majority vote, but more importantly, the law prohibits that agency from issuing any “substantially similar” regulations without Congressional authorization. That means that until Congress passes a law to restrict arbitration, the CFPB’s hands are now permanently bound on this issue.

The political winds are in Wall Street’s favor going forward. Cordray’s term at the CFPB will end in mid-2018 but he is expected to step down before then to make a run for Governor of Ohio. Trump will be able to choose his own appointee and will likely pick someone more likely to favor the banks.

The CFPB was created after the financial crisis as part of the Dodd-Frank financial regulatory reform law that passed in 2010. The bureau was crafted to be independent and powerful, funded by the Federal Reserve instead of through the traditional Congressional appropriations process. Its director has considerable authority to pursue issues he or she considers important and generally cannot be removed from office.

There’s another major financial consumer protection now pending in front of Congress focused on the payday lending industry. The CFPB finalized new regulations weeks ago that would severely restrict the ability for payday lenders to make loans that its customers, often the poor and financially desperate, cannot afford. The payday lending industry is pushing hard to overturn these rules using the same process that was used to overturn the arbitration rules.

Ralph Nader: Trump’s Anti-Consumer Agenda Hurts His Voters

From today’s New York Times “Opinion” Section by Ralph Nader;

As a candidate, Donald Trump promised regular people, “I will be your voice,” and attacked the drug industry for “getting away with murder” in setting high prices for lifesaving medications. But as president, he has declared war on regulatory programs protecting the health, safety and economic rights of consumers. He has done so in disregard of evidence that such protections help the economy and financial well-being of the working-class voters he claims to champion.

Already his aggressive actions exceed those of the Reagan administration in returning the country to the “Let the buyer beware” days of the 1950s.

Though Mr. Trump is brazen in his opposition to consumer protections, many of his most damaging attacks are occurring in corners of the bureaucracy that receive minimal news coverage. His administration, for instance, wants to strip the elderly of their right to challenge nursing home abuses in court by allowing arbitration clauses in nursing home contracts. The Federal Motor Carrier Safety Administration has announced that it is canceling a proposed rule intended to reduce the risk of sleep apnea-related accidents among truck drivers and railway workers.

And the Environmental Protection Agency is busy weakening, repealing and under-enforcing protections, including for children, from toxic exposure. Scott Pruitt, the director, went against his agency’s scientists to jettison an imminent ban on the use of chlorpyrifos, an insecticide widely used on vegetables and fruits. Long-accumulated evidence shows that the chemical is poisoning the drinking water of farm workers and their families.

This assault began with Mr. Trump choosing agency chiefs who are tested corporate loyalists driven to undermine the lifesaving, income-protecting institutions whose laws they have sworn to uphold.

At the Food and Drug Administration, Mr. Trump has installed Dr. Scott Gottlieb, a former pharmaceutical industry consultant, who supports weakening drug and medical device safety standards and has shown no real commitment to reducing sky-high drug prices. At the Department of Education, Betsy DeVos, a billionaire investor in for-profit colleges, has weakened enforcement policy on that predatory industry, hiring industry insiders and abandoning protections for students and taxpayers.

Mr. Pruitt, as the attorney general of Oklahoma, filed suits against the E.P.A. He has hired former lobbyists for the fossil fuel and chemical industries. Mr. Trump’s aides and Republicans in Congress are pushing to restrict access to state courts by plaintiffs who seek to hold polluters accountable.

The administration is even threatening to dismantlethe Consumer Financial Protection Bureau and fire its director, Richard Cordray, who was installed after Wall Street’s 2008 crash. Their sins: They returned over $12 billion to defrauded consumers and plan to issue regulations dealing with payday debt traps and compulsory arbitration clauses that deny aggrieved consumers their day in court. (The Senate is now considering legislation to gut the arbitration rule.)

Draconian budget cuts, new restrictions on health insurance, diminished privacy protections and denying climate change while putting off fuel-efficiency deadlines and auto safety standards will hurt all Americans, including Mr. Trump’s most die-hard supporters.

Read the complete article here.

Health Secretary Resigns After Drawing Fire for Expensive Chartered Flights

From today’s New York Times by Peter Baker:

Tom Price, the health and human services secretary, resigned under pressure on Friday after racking up at least $400,000 in travel bills for chartered flights and undermining President Trump’s promise to drain the swamp of a corrupt and entitled capital.

Already in trouble with Mr. Trump for months of unsuccessful efforts to repeal and replace President Barack Obama’s health care program, Mr. Price failed to defuse the president’s anger over his high-priced travel by agreeing to pay a portion of the cost and expressing “regret” for his actions.

“I’m not happy, O.K.?” Mr. Trump told reporters as he was about to head to his New Jersey golf club for the weekend, barely an hour before the resignation was announced. “I can tell you, I’m not happy.” He called Mr. Price “a very good man” but added that the secretary’s offer to reimburse the government for just part of the cost of the flights “would be unacceptable.”

The White House announcement of Mr. Price’s departure was spare, with none of the customary praise of his work or thanks for his service. The statement issued by the White House press secretary, Sarah Huckabee Sanders, said simply that Mr. Price had “offered his resignation earlier today and the president accepted.”

Mr. Trump tapped Don J. Wright, a deputy assistant secretary for health and the director of the Office of Disease Prevention and Health Promotion, to serve as acting secretary. Possible candidates for a successor include Seema Verma, the administrator of the Centers for Medicare and Medicaid Services, and Scott Gottlieb, the commissioner of the Food and Drug Administration.

Read the complete article here.

Federal Judge Blocks Texas Effort to Suppress Minority Voters with ID Law

Yesterday a federal judge in Houston blocked the state of Texas from enacting a revised version of its “Voter ID Law.” Known as Senate Bill 5, the legislation was revised from previous attempts by the state legislature to implement a strict Voter ID requirement for voters to participate in elections. The previous version was, in part, struck down because it violated certain parts of the Voting Rights Act that prohibit voting rules and regulations that fall disproportionately on racial minorities.

In the decision, Judge Nelva Gonzales Ramos of the United States District Court for the Southern District of Texas ruled that the revised law still barred voters from showing state or federal employee ID cards, and since those who lack the accepted forms of identification were “subjected to separate voting obstacles and procedures,” she wrote, “S.B. 5’s methodology remains discriminatory because it imposes burdens disproportionately on blacks and Latinos.”

With a growing Latino and Hispanic population set to eclipse the white conservative majority of Texas voters, the Republican party in that state has long sought to disenfranchise racial minorities from improving their participation rates in elections. The recent return to Jim Crow-style voting requirement laws in southern states is a clear effort to suppress minority voters in an effort to prop up the political power of white conservatives.

“Jim Crow-era tactics have kept Texas Republicans in power,” Gilberto Hinojosa, the chairman of the Texas Democratic Party, said in a statement.

In addition to Voter ID laws the anti-democratic policy of “gerrymandering” remains a significant obstacle to reforming elections in states across the country. The Republican party has taken steps to ensure the preservation of white conservative governorships and state legislatures by redrawing voting districts to favor their constituents, but such efforts are also under scrutiny. The U.S. Supreme Court plans to hear a case in Gill v. Whitford this fall reviewing recent changes by the Republican legislature in the state of Wisconsin to redraw its political map in an effort to marginalize racial and political minorities.

Head of AFL-CIO explains, “Why I Quit Trump’s Business Council”

From the New York Times “Opinion” Section, August 16, 2017 by Richard Trumka:

On Tuesday, President Trump stood in the lobby of his tower on Fifth Avenue in Manhattan and again made excuses for bigotry and terrorism, effectively repudiating the remarks his staff wrote a day earlier in response to the white supremacist violence in Charlottesville, Va. I stood in that same lobby in January, fresh off a meeting with the new president-elect. Although I had endorsed Hillary Clinton for president, I was hopeful we could work together to bring some of his pro-worker campaign promises to fruition.

Unfortunately, with each passing day, it has become clear that President Trump has no intention of following through on his commitments to working people. More worrisome, his actions and rhetoric threaten to leave America worse off and more divided. It is for these reasons that I resigned yesterday from the president’s manufacturing council, which the president disbanded today after a string of resignations.

To be clear, the council never lived up to its potential for delivering policies that lift up working families. In fact, we were never called to a single official meeting, even though it comprised some of the world’s top business and labor leaders. The A.F.L.-C.I.O. joined to bring the voices of working people to the table and advocate the manufacturing initiatives our country desperately needs. But the only thing the council ever manufactured was letterhead. In the end, it was just another broken promise.

During my January meeting with President Trump, we identified a few important areas where compromise seemed possible. On manufacturing, infrastructure and especially trade, we were generally in agreement. Mr. Trump spoke of $1 trillion to rebuild our schools, roads and bridges. He challenged companies to keep jobs in the United States. He promoted “Buy America.” He promised to renegotiate the North American Free Trade Agreement.

Here’s the thing: Working men and women have been promised the moon by politicians. Year after year. Campaign after campaign. Republican and Democrat. Too often, those promises have ended up being hollow; election year sound bites are often discarded as quickly as they are made. I told President Trump that this time must be different. I made clear that we would judge his administration on its actions.

Nearly seven months in, the facts speak for themselves.

President Trump’s $1 trillion infrastructure bill is nowhere to be found. And according to an analysis from the University of Pennsylvania, even if Mr. Trump did bring such a plan forward, his own budget proposal would wipe it out, leading to a net loss of $55 billion for highways, water facilities and public transit. President Trump has also remained silent on the future of the Davis-Bacon Act of 1931, which requires contractors on federally assisted construction projects to pay their employees at rates prevailing in the communities where they perform the work.

What about Nafta? First, President Trump promised that the United States would withdraw. Then his administration sent a letter to Congress indicating the treaty needed only minor tweaks. Now renegotiation is underway with no clear principles for reform or negotiating goals in sight. Meanwhile, Nafta remains firmly in place.

Although President Trump has promised to protect the social safety net, his budget would slash $1.5 trillion from Medicaid, $59 billion from Medicare and up to $64 billion from Social Security over 10 years. It would strip funding for workplace safety research by 40 percent, even though about 150 workers die each day from hazardous working conditions. And it would force the people who make our government work to endure a 6 percent pay cut.

President Trump championed the Republican plan to gut health care and raise taxes on working people to line the pockets of the rich. And his executive orders that deport aspiring Americans and impose a religious litmus test for refugees are both morally bankrupt and bad economic policy.

Finally, rather than “draining the swamp,” President Trump has filled his cabinet with the authors and beneficiaries of our broken economic rules. He has elevated an anti-worker judge to the Supreme Court and appointed union-busting lawyers to the National Labor Relations Board.

His response to the white supremacist violence in Charlottesville was the last straw. We in the labor community refuse to normalize bigotry and hatred. And we cannot in good conscience extend a hand of cooperation to those who condone it.

In some ways, President Trump presented himself as a different kind of politician, someone who could cut through the gridlock in Washington and win a better deal for American workers. But his record is a combination of broken promises, outright attacks and dangerous, divisive rhetoric. That’s why we opposed him in the campaign. And that’s why he is losing the support of our members each and every day.

DOJ Says Title VII Law Doesn’t Protect LGBTQ Employees From Discrimination

From today’s New York Times by Alan Feuer

The Justice Department has filed court papers arguing that a major federal civil rights law does not protect employees from discrimination based on sexual orientation, taking a stand against a decision reached under President Barack Obama.

The department’s move to insert itself into a federal case in New York was an unusual example of top officials in Washington intervening in court in what is an important but essentially private dispute between a worker and his boss over gay rights issues.

“The sole question here is whether, as a matter of law, Title VII reaches sexual orientation discrimination,” the Justice Department said in a friend-of-the-court brief, citing the 1964 Civil Rights Act, which bars discrimination in the workplace based on “race, color, religion, sex or national origin.” “It does not, as has been settled for decades. Any efforts to amend Title VII’s scope should be directed to Congress rather than the courts.”

The department filed its brief on Wednesday, the same day President Trump announced on Twitter that transgender people would be banned from serving in the military, raising concerns among civil rights activists that the Trump administration was trying to undermine lesbian, gay, bisexual and transgender rights won under previous administrations.

The filing came in a discrimination case before the United States Court of Appeals for the Second Circuit involving Donald Zarda, a skydiving instructor. In 2010, Mr. Zarda was fired by his employer, a Long Island company called Altitude Express. Before taking a female client on a tandem dive, Mr. Zarda told the woman he was gay to assuage any awkwardness that might arise from his being tightly strapped to her during the jump. The woman’s husband complained to the company, which subsequently fired Mr. Zarda. Mr. Zarda then sued Altitude Express, claiming it had violated Title VII.

Read the entire article here.

A Better Deal for American Workers

From today’s New York Times by Sen. Chuck Schumer (D-NY):

Americans are clamoring for bold changes to our politics and our economy. They feel, rightfully, that both systems are rigged against them, and they made that clear in last year’s election. American families deserve a better deal so that this country works for everyone again, not just the elites and special interests. Today, Democrats will start presenting that better deal to the American people.

There used to be a basic bargain in this country that if you worked hard and played by the rules, you could own a home, afford a car, put your kids through college and take a modest vacation every year while putting enough away for a comfortable retirement. In the second half of the 20th century, millions of Americans achieved this solid middle-class lifestyle. I should know — I grew up in that America.

But things have changed.

Today’s working Americans and the young are justified in having greater doubts about the future than any generation since the Depression. Americans believe they’re getting a raw deal from both the economic and political systems in our country. And they are right. The wealthiest special interests can spend an unlimited, undisclosed amount of money to influence elections and protect their special deals in Washington. As a result, our system favors short-term gains for shareholders instead of long-term benefits for workers.

And for far too long, government has gone along, tilting the economic playing field in favor of the wealthy and powerful while putting new burdens on the backs of hard-working Americans.

Democrats have too often hesitated from taking on those misguided policies directly and unflinchingly — so much so that many Americans don’t know what we stand for. Not after today. Democrats will show the country that we’re the party on the side of working people — and that we stand for three simple things.

First, we’re going to increase people’s pay. Second, we’re going to reduce their everyday expenses. And third, we’re going to provide workers with the tools they need for the 21st-century economy.

Over the next several months, Democrats will lay out a series of policies that, if enacted, will make these three things a reality. We’ve already proposed creating jobs with a $1 trillion infrastructure plan; increasing workers’ incomes by lifting the minimum wage to $15; and lowering household costs by providing paid family and sick leave.

Read the entire op-ed here.

How to Restore Government Ethics in the Trump Era

From today’s New York Times by Walter Shaub, Director of the United States Office of Government Ethics:

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.” He paired this straightforward declaration with action, establishing unified standards of conduct for the executive branch and resolving his own conflicts of interest. These words and deeds set the tone for ethical governance.

Since the enactment of the Ethics in Government Act, our past presidents entered government with an appreciation for the importance of tone from the top. Though exempt from the conflict of interest statute, which bars other officials from working on matters affecting their financial interests, they all voluntarily divested conflicting holdings and put the proceeds in blind trusts or nonconflicting assets. They knew their exemption from the statute was not a reward for attaining high office but a pragmatic recognition that America needs its president engaged in urgent matters of state. 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.

This shift fundamentally changes the executive branch ethics program. I have been a student of that program since I first came to the Office of Government Ethics in 2001, appointed by Marilyn L. Glynn, then the office’s general counsel. 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.

I am not suggesting that it was always easy. Having served for much of my career on the front lines of the presidential nominee program, I regularly locked horns with nominees and White House lawyers in both the Bush and Obama administrations as we wrestled over our differing notions of how best to address ethical risks. Sometimes those deliberations were animated; occasionally they were heated. I am also sure that more than a few nominees felt bruised by the painful process of resolving their conflicts of interest. Even if we did not always agree, however, White House officials always understood that O.G.E.’s only goal — and, indeed, my only goal — was to protect the integrity of the government’s operations. The incidental beneficiaries of those efforts were the Bush and Obama administrations and the nominees we kept out of trouble. That’s why it is disheartening now to witness parts of the ethics program slipping away.

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. Unfortunately, it has been harder to address other aspects of the lagging ethical culture in the current administration.

The cascading effects of the president’s departure from existing ethical norms have touched others in government. The tone from the top led one White House appointee to use her position to hawk the merchandise of the president’s daughter and another to endorse the president’s book. It led a cabinet official, whose recent wedding reportedly featured a chartered bus ride from the president’s hotel, to urge the public to see a movie he produced. The press secretary touts one of the president’s commercial enterprises as the “winter White House,” and the State Department has publicized it around the globe. 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.

Affected, too, is 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. His deputy also beat back a press inquiry regarding the applicability of ethics rules to one of the deputy’s former clients. In addition, his office has dragged its feet on responding to O.G.E.’s questions about appointees, despite the office’s statutory duty to review their disclosures and certify their ethical compliance.

Projecting their own cynical partisanship, some defenders of this conduct dismiss any expressions of concern — or, in my case, resignation — as politically motivated.Underlying my own expressions of concern, however, is fidelity to the principle that public service is a public trust. I would not have gone looking for this particular fight; it found me. I can assure those reciting the administration’s talking points that I have not enjoyed the attention, nor have I enjoyed watching the negative effects on the ethics program. As I told the Senate during my confirmation hearing in 2012, I am a true believer in the foundational principles of the executive branch ethics program. I am also acutely aware that the program owes a debt to both parties for its past successes and that it will take both parties to restore the program to good health. To advocate for the executive branch ethics program is to advance the nonpartisan mission of an essential institution of our representative form of government.

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. At its heart, an ethics program acts as a prevention mechanism through systems designed to reduce the risk of violations occurring. 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. The ethics office needs more independence, including authority to communicate directly with Congress on budgetary and legislative matters. 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. Transparency should be increased through laws mandating creation and release of documents related to divestitures, recusals, waivers and training. Disclosure requirements can be refined and the revolving door tightened. These changes would give O.G.E. the tools it needs to address the current challenges and, perhaps more importantly, reinforce for presidents the importance of setting a strong ethical tone from the top.