Ethics and Lobbying Reform

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Trump’s Plan Runs into a Wall

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Trump’s latest proposal to pay for a border wall very likely is illegal – a violation of the Anti-Deficiency Act.

Backing down from his pledge to shut down the government if Congress doesn’t allocate $5 billion to build the wall, Trump is now proposing that various agencies throughout the administration find surpluses in their budgets and allocate those surpluses toward building his wall.

The problem is – even if such surpluses exist in agency budgets – that money has been specifically authorized by Congress for other purposes, not for building a wall at the Mexican border. The Anti-Deficiency Act appears to prohibit using these funds for any purpose not authorized by Congress.

Normally the Anti-Deficiency Act is easily sidestepped because of Attorney General opinions that have narrowed its scope, such as not applying the Act to the White House since the White House is not an agency, and exempting volunteerism as long as the volunteer agrees not to seek compensation.

But in this instance, the second clause of the Anti-Deficiency Act seems to apply. 31 USC 1341(a)(1)(B) prohibits federal employees of agencies from involving the “government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law.”

Trump may ask for the funds without violating the Anti-Deficiency Act since the law does not apply to the White House, but officials of the various agencies are not permitted to make any obligation for expenditures that have not yet been appropriated by Congress. Congress would have to appropriate these expenditures to make them permissible.

Again, this law is rarely invoked because of so many loopholes. The White House could try to argue that 31 USC 1341(a)(1)(B) merely prohibits an agency from making obligations for an expenditure before Congress has appropriated the money. Since the funds at the agencies have already been appropriated, Trump could argue that the law does not apply.

But I would read the Anti-Deficiency Act to be spot-on in this circumstance, since the appropriation language for these funds never authorized an expenditure for the wall. This constitutes spending money for a purpose never authorized by law or by the appropriations language.

Just to be clear, though, the Anti-Deficiency Act was designed to prevent agencies from spending money prior to authorization or in excess of authorization. In other words, it is intended to prevent agencies from spending money they do not have.

However, the Act’s emphasis that expenditures must be authorized by Congress strongly indicates that funds not authorized for the wall cannot be spent for that purpose. Allocating an agency’s surplus funds for the wall prior to any authorization by Congress would constitute a violation of 31 USC 1341(a)(1)(B) of the Anti-Deficiency Act.

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Over 100,000 Rally in Rapid Response to #ProtectMueller In the Wake of Whitaker’s Taking Over Investigation

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We are in the midst of a constitutional crisis.

For over a year now, the over 100 diverse organizations that make up the TrumpIsNotAboveTheLaw.org coalition has been preparing hundreds of thousands of grassroots activists to take to the streets to protect Special Counsel Robert Mueller’s investigation should it come under attack by President Donald Trump.

These patriotic everyday Americans recognize that since the appointment of Mueller in May 2017 we have been on the razor’s edge of a constitutional crisis. Now such a crisis has arisen, and the results show that the tireless preparation over the past year has paid off, allowing an effective response to the needs of this emergency. At over 1,000 events across the country, over 100,000 citizens dedicated to the rule of law gathered to protest the elevation of Trump’s lackey Matthew Whitaker to Acting Attorney General, thereby hijacking oversight of the Mueller investigation from Deputy Attorney General Rod Rosenstein.

The members of TrumpIsNotAboveTheLaw.org all agreed to mobilize if a red line was crossed, and this was definitively that moment. The administration may have though that the grassroots would be too exhausted by the election only one night earlier to summon the energy to fight back, but the massive turnout at protests across the country on Thursday night proved they were dead wrong. Trump underestimated the tenacity of democracy’s defenders.

On Thursday night, we proved that every minute of deliberation and planning was worth it. After Trump elevated Whitaker to Acting Attorney General, it didn’t take long for the grassroots to realize how unacceptable Whitaker is as an overseer of this investigation: his elevation by Trump raised questions about whether he was compromised, about his sketchy ethical history, and even about whether his role as Acting Attorney General was constitutionally defensible.

In response, the coalition turned on a dime, proving that the short notice would not deter us. Only one night after Whitaker was elevated, and only two nights after an election for which many of the coalition’s RSVPs, hosts, and member organizations had spent weeks or months organizing and tirelessly getting out the vote, we still showed up.  The coalition’s dedicated members recognized the need to defend democracy, no matter how inconvenient the timing. MSNBC’s Rachel Maddow said it well, when she remarked that these activists recognized that “sometimes citizenship requires overtime and double shifts.”

The results were stunning. At rallies held in cities across the country—from red states to blue, from urban areas to rural ones, from the coasts to the Heartland and everywhere in between—over 100,000 patriotic Americans showed up to protest the nakedly obstructive promotion of Acting Attorney General Matthew Whitaker to oversee the Mueller investigation.

These rallies were a sonic boom that resonated across the country. Taking notice of the remarkable display of activism, media outlets from national ones like MSNBC, CNN, the Washington Post, CBS News and NBC News to local outlets like the Arizona Republic, Tampa Bay Times, Chicago Sun-Times and Des Moines Register (to name just a few) covered the rallies as a groundbreaking story that they were.

As a member organization, Public Citizen is extremely proud of and grateful for the hard work and the contribution of so many dedicated and talented patriots at all levels.

In the coming days, we will need your help to make demands of Congress and the Department of Justice among other crucial next steps. If you have not already, you can sign up at TrumpIsNotAboveTheLaw.org now to be kept in the loop of actions you can take to defend our democracy from an authoritarian attack from within.

As we proved with last week’s events, if we take a stand and demonstrate the full might of what an engaged and concerned public can do, we will win.

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We Can Trump-Proof The Presidency: Executive Branch Ethics Laws That Require Immediate Fixes

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Until Donald Trump took office, ethics experts believed the system of conflict-of-interest rules and norms governing the White House and the rest of the executive branch was fairly robust.

The Trump presidency, however, has exposed big holes in the system. According to Public Citizen’s ethics experts, the U.S. never before has had a president so intent on subverting federal ethics laws as well as ethical norms.

A report (PDF)recently published by Public Citizen and Citizens for Responsibility and Ethics in Washington outlines a host of policy reforms to ensure that future presidents can’t repeat the Trump-era abuses.

“No president has pushed ethical boundaries like Trump,” said Lisa Gilbert, vice president of legislative affairs at Public Citizen. “The only silver lining is that because of Trump, we now know how to strengthen the system against future presidents who lack an ethical compass.” Trump differs starkly from all of his modern day predecessors – and likely all presidents in U.S. history – due to the breadth of his assets, his refusal to divest himself of those assets and his cavalier attitude toward multiple conflicts of interest.

Here’s a look at the actions of Trump and his administration as well as Public Citizen and CREW’s reform recommendations:

Ethics Abuse: Refusing to Divest Assets

Upon assuming the presidency, Trump maintained ownership of his businesses around the globe, leaving him vulnerable to the influence of foreign governments and other corporate interests. While Trump turned over day-to-day control of his business to his sons, he has spent roughly a third of his time at Trump properties. While in office, Trump has promoted his private businesses and hosted special interest groups, foreign governments and political groups at his own properties.

What Can Be Done: Within 30 days of the presidential inauguration, the president and vice president should be required to divest assets that pose a risk of conflict of interest. The U.S. Congress should give enforcement authority to the U.S. Office of Government Ethics or create an inspector general’s office to investigate potential ethics violations in the White House and executive branch.

Ethics Abuse: Refusing to Release Tax Returns

Trump’s refusal to release his tax returns deprived voters of information about financial ties that may have a bearing on Trump’s decisions. It has painted a confusing and complex picture of his finances and business entanglements for the press and public to decipher.

What Can Be Done: Candidates for president and vice president must be required to disclose their tax returns before their election and in subsequent years after holding office. Candidates and officials also should be required to disclose the value of their assets, income, transactions and liabilities as well as details of any privately held businesses. That way, voters can better determine whether the candidate has a financial conflict of interest — such as business ties in other countries that could affect foreign policy decisions.

Ethics Abuse: Inauguration Influence-Peddling

Trump’s inaugural committee raised $107 million from corporations and wealthy individuals to pay for the 2016 inauguration, twice as much as was raised by President Barack Obama’s inaugural committees. The Trump committee refused to say where the money went, though tax filings revealed that nearly $26 million went to an event planning firm started by an adviser to Melania Trump — leading to the appearance of insider dealing.

What Can Be Done: Contributions to inaugural committees should be capped at $5,000 — the federal contribution limit for an election cycle. While in office, presidents either should be prevented from collecting money for libraries or other legacy-building endeavors, or those contributions should be subject to the same rules as contributions from candidates running for federal office. In addition, rules and disclosure requirements should be established for legal defense funds set up by executive branch officials.

Ethics Abuse: Hiring Family Members

Trump placed his daughter Ivanka and son-in-law Jared Kushner in key White House jobs despite a federal anti-nepotism statute that makes it illegal to appoint close relatives to official positions. To do so, Trump relied on a legal opinion asserting that the president has authority to hire White House positions without oversight.

What Can Be Done: The law banning presidents from hiring immediate family members, enacted in the 1960s after President John F. Kennedy appointed his brother as attorney general, should be clarified to make clear that it supersedes other laws on White House employment.

Trump has pushed ethical boundaries to the breaking point, showing utter disregard for the norms of our government and a total lack of concern about corruption. “While it is difficult to imagine that anything positive can emerge from Trump’s excesses and abuses, we should turn this ethics crisis into an opportunity for meaningful reform,” said Public Citizen President Robert Weissman. “Someday, the Trump nightmare will end. We must advocate for firm rules to ensure these egregious ethical abuses can never happen again.”

Read the report (PDF).

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A Summer Spent Confronting Corruption

This summer I have served as an intern with Public Citizen, which has given me the opportunity to stand up for the rights of everyday Americans in a variety of ways including at a recent protest outside of the White House.  Being a volunteer helping to facilitate the protest to Confront Corruption and Demand Democracy provided me not only with an opportunity to speak up for a more ethical government, it gave me a chance to witness first-hand people’s reactions and motivations for coming out to raise up their voices in support.

What was most clear to me was that while protests are often born out of a sense of outrage and anger about a government decision or from fear over the future and Trump administration has provided plenty of opportunities for people to feel both ways, attending protests are one of the best ways transform that anger and fear into hope and ward off despondency and pessimism.

Last week’s vigil was a perfect example of turning anger into hope and a path forward for change. Seeing like-minded people standing with me in front of the White House confronting the blatant corruption of Trump and his cabinet of unqualified Big Business hacks was extremely powerful. The speakers acknowledged the frustration of participants and channeled that into a call to action: demanding that the pillars of our democracy be upheld such as real, significant fixes to get money out of politics, tear down barriers to voting, promote a Supreme Court that defends the rule of law, and fix our ethics laws. This collective push for positive change gave me a sense of hope that not only would we be able to make it through this time where our democracy is being undermined both from outside within, but that we would not forget these lessons learned and we will amend our laws to protect ourselves from experiencing these sorts of ethical transgressions in the future.

As I passed through the crowd handing out signs and candles, it was impossible not to feel the energy and excitement of the people in attendance.  Whatever spurred them into attending that night, it was clear that they’d had enough– they were determined to make their voices heard in front of the White House to change the course of our country.  Even more so than other protests I’ve attended in the past, it was clear that this vigil was truly democracy in action as we rallied against the special interests and corporations that are trying to wrestle control away from the people.  Representative Jerry Nadler (D-N.Y.) summed it up well saying, “This is our project. This is our country. This is a country for our future. And we cannot let the thieves and the corrupt people in the White House and the corporate suites steal it from us.”

There was also an added element of urgency to this protest since in addition to the daily deluge of alarming news headlines on ethical scandals, this vigil fell directly on the heels of the indictments of Russian hackers and the scandalous Helsinki summit between Trump and Putin. The protest’s speakers faced this constitutional crisis triggered by the possible firing of Special Counsel Robert Mueller head on by reminding participants that activists around the nation are poised to pour into the streets if Trump attempts to undermine or block the Mueller investigation.

Despite the somber tone of the vigil, I still came away from the night with a profound sense of hope.  By lighting our candles, at the end we were illuminating the darkness surrounding the White House both literally and figuratively. As I looked out over what seemed to be a sea of lit candles, hearing so many voices united in calling for a return to an ethical government, the spark of hope was kindled into a fire of passion for achieving change. And, as long as we continue to be that light shining truth in the face of darkness, democracy cannot be snuffed out.

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Activists Gather at Vigils Around the Country to Confront Corruption and Demand Democracy

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If you looked out your window on Wednesday night, you may have witnessed an unusual sight: hundreds of candles held high by concerned citizens in an act of solemn yet empowering protest.

Activists in cities around the country, from Salt Lake City to Palm Beach, from Walla Walla to Atlanta and everywhere in between gathered to raise their voices. Altogether, there were nearly 200 vigils held in 39 states, Puerto Rico and the District of Columbia. These vigils were an opportunity for concerned citizens to come together and say enough is enough; we will not accept having government corruption and that the constant ethics scandals must end. These peaceful protests called for an end to the threats facing the basic health of our democracy, from money in politics to gerrymandering and voter suppression. Through songs, speeches and a moment of silence to recognize the human cost of corruption on people’s lives, hundreds of attendees recommitted to protecting Special Counsel Robert Mueller’s investigation into ties between the Trump campaign and Russia and to promoting reforms to strengthen democracy.

As citizens gathered to channel their anger as well as their hope, the country took notice. National media outlets such as Fox News, NBC News, and The Hill, as well as dozens of local media outlets from across the country covered the protests.

Public Citizen is honored to have participated in the vigil in Washington, D.C. across from the White House. As one of dozens of sponsoring organizations representing a diverse coalition of issues, political beliefs, tactics and visions, Public Citizen was proud to stand united in solidarity with its cosponsors and with the thousands of activists across the country in the name of rejecting government abuse and preserving the fair, participatory promise of the American dream.

At the D.C. vigil, which you can watch in its entirety here, speakers from Public Citizen, People for the American Way, Common Cause, MoveOn, the Center for American Progress, The Leadership Conference on Civil and Human Rights, Working Families Party and local activist Ericka Taylor took the stage, as well as U.S. Senators Whitehouse (D-R.I.), Blumenthal (D-Conn.) and Merkley (D-Ore.) and U.S. Congressmen Sarbanes (D-Md.), Nadler (D-N.Y.), Capuano (D-Mass.), and Pocan (D-Wis.). These speakers’ messages channeled the crowd’s frustration, fear and anger at the rampant corruption in our government and institutional threats to our democracy, while emphasizing an important undercurrent of hope. As bad as things are right now, we can be assured that we can still win back a fair democracy and an ethical government if we mobilize and make our voices heard in the streets and in the voting booth.

Below are some of our photos from the Washington, D.C. vigil. For photos and stories from vigils around the country, explore the #ConfrontCorruption hashtag on Twitter and Instagram, view the photos from different cities in this Google folder, and enjoy a compilation of photos and videos in this Twitter moment.

But, most importantly, join the fight! You can sign up to one of the hundreds of rapid-response events that will take place across the country if the Mueller investigation is compromised at trumpisnotabovethelaw.org. Together we can protect our democracy!


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