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"It's important that we'll have a government ethics chief in place who serves the American people, not Trump's wallet," said Sen. Elizabeth Warren.
As the clock winds down on Democratic control of the U.S. Senate, upper chamber lawmakers on Thursday confirmed President Joe Biden's nomination of David Huitema, head of the State Department's ethics program, to lead the Office of Government Ethics for a five-year term.
Senators voted 50-46 in favor of Huitema's confirmation to head the OGE through the duration of Republican President-elect Donald Trump's tenure, averting at least temporarily a scenario in which the winner of the 2024 election—who has refused to sign required transition-related ethics agreements and whose first term saw thousands of conflicts of interest—would be empowered to fill or stonewall the post.
The OGE has been without a director for more than a year, ever since the term of Trump appointee Emory Rounds expired. In September, Sen. Mike Lee (R-Utah) blocked Senate Democrats' attempt to confirm Huitema via unanimous consent until after the presidential election, alleging "political weaponization of the U.S. government against Donald Trump by the Biden-Harris administration."
As the consumer advocacy group Public Citizen said ahead of Huitema's confirmation:
One of the most important roles of the Office of Government Ethics is to oversee and advise the presidential transition process. The selection and nomination of most new administration officials takes place during the transition, in which OGE's vetting of pending nominees for conflicts of interest is most critical. The office needs to be fully staffed and operational during the course of the transition period.
However, Walter Shaub, who led the OGE during the Obama administration and resigned in 2017 after months of conflict with the Trump White House, warned in a Thursday interview with Government Executive that "it might be a hollow victory for government ethics if Trump fires Huitema after the inauguration."
"Even if Trump doesn't fire Huitema, OGE won't be able to prevent Trump's top appointees from retaining conflicting financial interests if the Senate grants Trump's request that lawmakers conspire in skirting or short-shrifting the constitutional confirmation process," Shaub added.
Still, ethics advocates cheered Huitema's confirmation, with the watchdog group Citizens for Responsibility and Ethics in Washington hailing what it called the "good news" and "an important step to safeguard ethics compliance ahead of a second Trump administration that threatens to be even more corrupt than the first."
As one Democratic strategist said on social media following his confirmation, "Buckle up, David Huitema."
"Should the flagrant disregard of ethics rules return, the political opposition must use all tools at their disposal to advance ethics reforms and neutralize as much harm as possible."
A leading U.S. watchdog group on Thursday published what it called "a blueprint for strengthening the federal government's ethics programs across the executive, legislative, and judicial branches" amid Democrats' inadequate reforms and the prospect of more "outright scandals and blatant corruption" under a possible second administration of former Republican President Donald Trump.
The Revolving Door Project publication—titled Rebuilding Public Trust: Six Principles to Guide Reform—notes that "Americans' trust in government is near historic lows, a trend that both preceded and continued after the blatant corruption of the Trump administration."
"Democratic administrations, too, made limited progress in curtailing the more routine forms of corruption that combine with dramatic scandals to undercut public trust," the report continues, adding that President Joe Biden's 2021 executive order on ethics "was only a modest step up on what has been standard, failing to take the large strides necessary to close the revolving door between private and public sectors, mandate divestitures, or require compliance with stringent transparency measures."
"The next administration will be a crucial test of ethical management of the federal government."
"Congressional Democrats' reform proposals have also stopped short of addressing mundane corruption, even as many Democrats have been implicated in congressional trading scandals and leaders like Nancy Pelosi have expressed disdain for commonsense measures like banning congressional stock trading," the paper asserts, referring to the House speaker emeritus from California.
"The Supreme Court and federal judiciary have been swamped by ethics scandals, with investigative reporting exposing judges' and justices' failures to disclose lavish trips from wealthy backers and failures to recuse in cases involving their financial interests—yet some mainstream judicial ethics proposals stop short of even holding the judiciary to the same ethics standards as Congress," the report adds.
The publication enumerates "six principles that should guide ethics reform efforts":
"By slowing the turn of the revolving door and banning all political appointees, federal judges, Supreme Court justices, and members of Congress from owning individual stocks, the next administration and Congress could make huge strides in rebuilding Americans' trust that the government works in the public interest, not corporate interests," Revolving Door Project research director and report co-author Andrea Beaty said in a statement Thursday. "And our recommendations to promote transparency and strong enforcement would work to cement such advances."
Trump—whose first term was marred by thousands of conflicts of interest and many other alleged and proven improprieties—is already one of the most conflicted presidents in U.S. history, given his business connections with foreign governments and holdings in industries governed by federal regulators.
Earlier this month, Democrats on the House Oversight and Accountability Committee published a report detailing how, while in office, the former president used his Trump International Hotel in Washington, D.C. to enrich himself with hundreds of illegal or questionable payments from federal and state officials, job-seekers, and presidential pardon recipients.
"With Trump unabashedly previewing a return to blatant corruption and Americans in a period of near-historically low trust in government, the next administration will be a crucial test of ethical management of the federal government," Revolving Door Project executive director Jeff Hauser said in a statement.
"Unless the next administration prioritizes robust ethics reforms, trust in government institutions will erode further," he added. "And should the flagrant disregard of ethics rules return, the political opposition must use all tools at their disposal to advance ethics reforms and neutralize as much harm as possible."
"The Supreme Court should be the gold standard for judicial ethics," said one reform advocate, "yet billionaires like Harlan Crow are buying the loyalty of justices one private jet flight at a time."
New reporting on Monday that U.S. Supreme Court Justice Clarence Thomas failed to report even more private travel gifted by a Republican mega-donor sparked renewed calls for reforms including a binding code of ethics for members of the nation's highest court.
The New York Timesreported that Senate Finance Committee Chair Ron Wyden (D-Ore.) detailed in a letter to Michael Bopp, an attorney representing billionaire businessman Harlan Crow, how Thomas "has never disclosed" round-trip travel by Thomas and his wife, conservative activist Virginia Thomas, between Hawaii and New Zealand in November 2010 on Crow's private jet.
"Furthermore, it was revealed just a few weeks ago that Justice Thomas enjoyed complimentary use of private jets paid for by Mr. Crow on 17 different occasions since 2016, with nine of those flights coming in the last three years," Wyden wrote.
"While Justice Thomas has only recently updated his financial disclosures to include an eight-day voyage aboard the Michaela Rose in Indonesia in 2019, Justice Thomas still has not disclosed other trips on the Michaela Rose," the senator continued, referring to Crow's yacht. "Public reports show evidence that Justice Thomas was a passenger aboard the Michaela Rose in Greece, New Zealand, and elsewhere."
Thomas' 2023 disclosure, which was published in June, includes food and lodging during 2019 trips to Bali and Bohemian Grove—a secretive, men-only retreat in Sonoma County, California—paid for by Crow. The trips and other gifts for Thomas—including yacht excursions, flights on private jets, and private school tuition for the justice's grandnephew—were first revealed by ProPublica last year. Thomas claimed key disclosures were "inadvertently omitted at the time of filing."
Also in June, the advocacy group Fix the Court published a database listing 546 total gifts valued at over $4.7 million given to 18 current and former justices mostly between 2004 and 2023, as identified by the U.S. Federal Trade Commission (FTC). The database also lists "likely" gifts received by the justices and their estimated values, bringing the grand total to 672 gifts valued at nearly $6.6 million.
Thomas led the pack with 193 FTC-identified gifts collectively valued at over $4 million. Of these, he listed only 27 in financial disclosure reports.
Wyden wrote:
I seek to understand the means and scale of Mr. Crow's undisclosed largesse to Justice Thomas to inform several pieces of legislation that the committee is drafting, including but not limited to: reforms to the tax code concerning filing requirements for gift tax returns, audit requirements for Supreme Court justices, and comprehensive ethics reform that would strengthen the Ethics in Government Act and other laws related to the disclosure of complimentary private jet and yacht travel by Supreme Court justices...
Unfortunately, your prior responses to the committee have done nothing to address concerns that personal trips aboard Mr. Crow's superyacht and private jets for lavish vacations, including complimentary private jet travel for Justice Thomas, may have been used to help Mr. Crow avoid or evade paying federal taxes. This is not a particularly complicated matter. Mr. Crow could easily clarify for the committee whether tax deductions were claimed on superyacht and private jet use by Justice Thomas, but he refuses to do so.
This is particularly troubling in light of the committee's discovery of additional lavish international travel by Justice Thomas at Mr. Crow's expense that Justice Thomas has failed to properly disclose.
Wyden's letter asks Bopp to provide financial statements for Rochelle Charter, the holding company for the Michaela Rose, and to answer questions including whether Thomas ever reimbursed Crow for the private jet trip from Hawaii to New Zealand and other travel.
Last month, Sen. Sheldon Whitehouse (D-R.I.), who chairs a Senate Judiciary subcommittee on the federal courts and oversight, and Wyden asked the Biden administration to appoint a special counsel to investigate Thomas for alleged ethics violations.
Government ethics advocates weighed in on the new revelations.
"These new reports are as appalling as they are unsurprising," Demand Justice managing director Maggie Jo Buchanan said in a statement. "Justice Thomas' actions and—critically—[Supreme Court Chief Justice John Roberts'] refusal to assure the public that the court takes these never-ending revelations seriously, shows the necessity of meaningful and immediate reform."
"Trust for the Supreme Court remains at historic lows in part because the MAGA justices openly display their allegiances to wealthy billionaires and partisan interests instead of the public, whom they are meant to serve," Buchanan added. "We call on Congress to urgently pass full-scale reform, including an enforceable code of ethics as President [Joe] Biden proposed last week."
Biden called for, and Vice President Kamala Harris—who is replacing the incumbent atop the Democratic presidential ticket— endorsed reforms including term limits for Supreme Court justices, an enforceable code of ethics, and a constitutional amendment reversing the court's decision to grant presidents broad immunity for official acts.
Last year, the Supreme Court formally announced a new 14-page
code of conduct that watchdog groups dismissed as what the Revolving Door Project called a "toothless PR stunt."
Brett Edkins, managing director of policy and political affairs for the advocacy group Stand Up America, said Monday that "the Supreme Court should be the gold standard for judicial ethics, yet billionaires like Harlan Crow are buying the loyalty of justices one private jet flight at a time."
"Our nation's highest court has become a political plaything for the ultra-wealthy and well-connected," Edkins added. "Congress must step up as a co-equal branch of government and tackle the corruption plaguing the court. It's time for our leaders to restore integrity and transparency to the Supreme Court by passing a binding code of ethics and term limits."