Warren, Schiff, Booker, Blumenthal Slam Musk, Trump for Apparent Violation of Federal Ethics Law

Lawmakers urge OGE to recommend matter for ethics investigation, disciplinary action
“(Ethics laws on the misuse of government positions) help ensure that finite taxpayer resources are devoted to addressing public problems… rather than redirecting the President’s scarce time and White House resources to helping the world’s richest man get richer.”
Text of Letter (PDF)
Washington, D.C. –Following President Donald Trump’s press conference with Elon Musk promoting Tesla on the White House lawn earlier this week, U.S. Senators Elizabeth Warren (D-Mass.), Adam Schiff (D-Calif.), Cory Booker (D-N.J.), and Richard Blumenthal (D-Ct.), wrote to the Acting Director of U.S. Office of Government Ethics (OGE), slamming the apparent violation of federal ethics laws and asking the Office to recommend the matter for immediate investigation and possible disciplinary action.
“Ethics laws on the misuse of government positions serve a practical purpose. They help ensure that finite taxpayer resources are devoted to addressing public problems, from soaring egg prices to a Measles outbreak — rather than redirecting the President’s scarce time and White House resources to helping the world’s richest man get richer. Enforcement of these laws is of the utmost importance,”wrote the lawmakers.
On Tuesday, President Trump and Elon Musk held a press conference at the White House to promote Tesla — of which Musk is co-founder and CEO — turning the White House into “a temporary Tesla showroom.” Trump and Musk stood together near five Tesla cars, displayed prominently on the White House lawn. Trump actively promoted the cars, calling them “beautiful,” holding notes explaining the prices and features of various Tesla models, and even taking to Truth Social to encourage Americans to purchase Teslas.
Mr. Musk is a Senior Advisor to the President. As a Special Government Employee (SGE), Mr. Musk is subject to OGE regulations governing the conduct of executive branch employees. By using his position as a White House official to promote his own company during a promotional press conference, Musk may have violated federal ethics laws. One such standard prohibits using public office for private gain — including by using one’s “(g)overnment position or title or any authority associated with their public office to endorse any product” or “to imply that their agency or the Government sanctions or endorses their personal activities.” His actions may have also implicated a separate provision of the law which prohibits using government property for anything other than authorized purposes. Violations of these standards of ethical conduct can result in disciplinary action, including suspension or removal.
“By promoting Tesla during an official press conference with the President while using the White House as a backdrop, Mr. Musk appeared to leverage his senior role in the government and the authority associated with the presidency to recommend Tesla and to imply that the Trump Administration endorses Tesla vehicles,”wrote the lawmakers.
The Office of Government Ethics has previously taken action in similar situations. In 2017, senior Trump official Kellyanne Conway encouraged the public to “(g)o buy Ivanka’s stuff,” referring to a line of jewelry, clothing, and accessories sold by President Trump’s daughter. OGE subsequently advised that the White House’s Designated Agency Ethics Official (DAEO) investigate the matter, noting that there was “strong reason to believe” that Conway had violated ethics laws and that disciplinary action was warranted. The White House Counsel’s Office initiated a review, agreed that the comments “implicated the prohibition on using one’s official position to endorse any product or service,” and met with Conway to reinforce ethics guidelines.
“OGE should do the same here,”the lawmakers wrote.“We ask that you recommend that the White House’s DAEO investigate these circumstances and determine whether Mr. Musk has violated federal ethics laws and whether additional action is warranted.”
Senator Warren has led efforts to hold Elon Musk accountable for potentially abusing his role as a Special Government Employee:
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