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.”
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 Adam Schiff (D-Calif.), Elizabeth Warren (D-Mass.), 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.”
The full letter is available here and below.
Dear Acting Director Collins:
We write with serious concern that a top Trump Administration official, Elon Musk — in conjunction with President Trump — is using his official role and the public resources of the White House to promote his car company, Tesla. We ask that the Office of Government Ethics (OGE) recommend this matter for investigation and possible disciplinary action.
Yesterday, President Trump and Mr. Musk held a press conference at the White House to promote Tesla, turning the White House into “a temporary Tesla showroom.”1 Five Tesla vehicles were displayed prominently outside of the White House.2 At one point, the President and Mr. Musk entered one of the cars to explain its features.3 Standing beside a Tesla, Mr. Musk touted that one model won “best car ever” and encouraged viewers to “try it,” adding, “you’ll like it.”4
President Trump assisted in the promotion. While holding notes explaining the prices and features of various Tesla products,5 the President announced that, although he does not drive, he would buy a Tesla and allow his staff to drive it.6 He “declared the vehicles ‘beautiful’ and in particular praised the company’s unusually designed Cybertruck.”7 President Trump even expressed support for the federal government defending Tesla by designating individuals who commit violence at Tesla dealerships as domestic terrorists.8 Earlier that day, President Trump also posted on Truth Social signaling that his supporters should purchase Tesla vehicles to demonstrate their political support: “To Republicans, Conservatives, and all great Americans, Elon Musk is ‘putting it on the line’ in order to help our Nation, and he is doing a FANTASTIC JOB! . . . I’m going to buy a brand new Tesla tomorrow morning as a show of confidence and support for Elon Musk, a truly great American.”9
Mr. Musk appears to have violated federal ethics laws by using his official position to promote his company. As a Special Government Employee (SGE), Mr. Musk is subject to OGE regulations governing the conduct of executive branch employees.10 He works as an SGE within the White House, and “[e]mployees of the Executive Office of the President are subject to the executive branch-wide standards of ethical conduct.”11 One of those standards, OGE regulation 5 CFR § 2635.702, 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.”12 While President Trump is exempt from that prohibition, Mr. Musk is not. 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. His actions also may have implicated 5 CFR § 2635.704, which prohibits using government property for purposes other than authorized purposes — such as using the White House as a de facto showroom to advertise a consumer product.13 Violations of these standards of ethical conduct can result in disciplinary action, including suspension or removal.14
OGE has previously warned that White House staff risk violating federal ethics laws by using their platforms to promote products.15 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.16 Conway added, “I’m going to give a free commercial here: Go buy it today, everybody; you can find it online.”17 Soon thereafter, OGE 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.18 The White House Counsel’s Office then “immediately undertook a review of the facts and circumstances,” agreed that the comments “implicated the prohibition on using one’s official position to endorse any product or service,” and met with Conway to review the standards of ethical conduct.19
OGE should do the same here. 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.
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.
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