JASON CHAFFETZ, UTAH ONE HUNDRED FIFFEENTH CONGRESS ELIJAH E. CUMMINGS. MARYLAND

CHAIRMAN RANKING MINORITY MEMBER

at the 051mm ?tates

image at iReptesentatibes
COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM

2157 RAYBURN HOUSE OFFICE BUILDING

WASHINGTON, DC 20515?6143

MAJORITY (202} 
MINORITY [202} 225?5051

http:Efoversighthousegou

January 12, 2017

The Honorable Walter M. Shaub, Jr.
Director

US. Of?ce of Government Ethics
1201 New York Avenue NW
Washington, DC. 20005

Dear Director Shaub:

On December 19, 2015, the Committee requested information related to the Of?ce of
Government Ethics? publicly-released guidance and other public interactions. The Committee?s
questions about blurring the line between public relations and of?cial ethics guidance have
resurfaced in the wake of communications with the incoming administration on ethics
questions via Twitter and through the press.

On November 30, 2016, the OGE of?cial Twitter account issued a series of tweets in
response to the President-elect?s announcement that he will address potential con?icts of interest
related to his business interests and personal ?nancial assets. The public OGE account tweeted:

.@realDonaldTrump OGE is delighted that you?ve decided to divest your
businesses. Right decision!

.@realDonalTrump [sic] As we discussed with your counsel, divestiture is
the way to resolve these con?icts

.@realDonaldTrump this aligns with OGE opinion that POTUS should act
as if 18 USC 208 applies. bit.ly/2prIGO

.@realDonaldTrump Bravo! Only way to resolve these con?icts is to
divest. Good call!

.@realDonaldTrump this divestiture does what handing over control could
never have done.

.@realDonaldTrump we told your counsel we?d sing your praises if you
divested, we meant it.

.@realDonaldTrump OGE applauds the ?total? divestiture decision.
Bravo!

The Honorable Walter M. Shaub, Jr.
January 12, 2017
Page 2

.@realDonaldTrump Brilliant! Divestiture is good for you, very good for
America!

.@realDonaldTrump We can?t repeat enough how good this total
divestiture will be.1

It was not clear whether the tweets constituted of?cial OGE guidance or something less
formal. It is clear, however, the tweets publicized private discussions with the President-elect?s
counsel. The tweets also created the appearance that OGE approved the President-elect?s
divestiture plan, which caused further confusion.

The line between official OGE policy and informal commentary was also blurred in May
2015. At that time, OGE offered public comments in response to former Secretary of State
Hillary Clinton?s failure to disclose honoraria paid to the Clinton Foundation in return for
Speeches made by her or her husband while she was Secretary of State. Speci?cally, OGE
spokesman Vincent Salamone issued the following statement:

Disclosure of speaking fees is not required when a public ?ler or the
filer?s spouse is acting as an agent of an organization and payment is made
directly to that organization. The rule is different when the speaking is
done in a personal capacity and the fees are directed or donated to charity,
in which case disclosure would be required.2

The commentary offered in response to the Clinton case created confusion. Your agency
had not conducted any investigation of the circumstances of the speeches that would have
allowed it to determine whether the Clintons were acting as agents of the Clinton Foundation.
Ethics experts stated that there was little evidence the speeches had anything to do with the
Clinton oundation.3 The Office of Government Ethics also declined to comment when asked
by the press whether this exception has previously appeared in the agency?s public guidance or
regulations.4

Your agency?s mission is to provide clear ethics guidance, not engage in public relations.
The Committee is thus continuing its examination of operations. statutory
authorization lapsed at the end of fiscal year 2007 and the Committee has jurisdiction in the
House of Representatives for reauthorizing the office. To help the Committee understand how
you perceive role, among other things, please make yourself available for a transcribed
interview with Committee staff as soon as possible, but no later than January 31, 2017. The
Committee may also need to interview additional witnesses pursuant to this review.

 

Of?ce of Gov?t Ethics Twitter (Nov. 30, 2016),
80015 8209.
2 Josh Gerstein, Hillaw ?3 speech disclosures come under ?re, POLITICO, May 20, 2015.
3

1d.
4 Id.

The Honorable Walter M. Shaub, Jr.
January 12, 2017
Page 3

The Committee on Oversight and Government Reform is the principal oversight
committee of the House of Representatives and may at ?any time? investigate ?any matter? as
set forth in House Rule X.

Please contact Jack Thorlin of the Committee staff at (202) 226-4240 to schedule the
transcribed interview requested herein or with any questions regarding this request. Thank you
for your attention to this matter.

1nc?i?ely,

Jason Chaffetz
Chairman

 

cc: The Honorable Elijah E. Cummings, Ranking Minority Member