of tbc 1tnitcb 1.lB:i/www .nvtimes,com/20I7/0 1/09/us/ jared-kushner-senior-adviser.: white-house-rrurnp.hnnl). "Trump.Son-in-Law Poised to Quit as Family Firm CEO, Lawyer Says," Bloomberg Politics (Jan. 7, 2017) (on line at _fam ilv-firm-<;_eo-Ja,.vver.:.sJ!E). 4 Justin Elliot and Ai Shaw, "White House Power Player Jared Kushner ls Keeping Parts of His Real Estate Empire," ProPublica (February 24, 2017) (on line at https://www.propublica.Qrg/artic1e/ white-house-po>ver-plavercampaign=sprout&utm med iurn=social&utm source'"sprout&utrn content= l488034890) .. 18 U.S.C. § 208 provides criminal penalties for "an officer or employee of the executive branch of the United States Government ... [who] participates personally and substantially as a Government officer or employee, through 5 Kushner's attorney announced that Mr. Kushner would divest from "substantial assets," including all common stock, foreign investments, and 35 other investments; step down as CEO of Kushner Companies; and resign from all board positions, trusteeships, and other partnerships. 6 Mr. Kushner reportedly planned to sell some of his assets to his brother, Josh Kushner, as well as to a private trust of which his mother is a trustee, but in which Mr. Kushner would not be a beneficiary. 7 · . Recent reports, however, reveal that Mr. Kushner "is keeping parts of his family business; 1' including "some teal-estate holdings associated with Kushner companies." 8 ·It appears that Mr. Kushner's retained financial holdings have already required him to recuse himself from at _least one policy matter. According to the Baltimore Sun, Mr. Kushnei:'s company owns three .apartment complexes in Maryland that receive vouchers from the Department of Housing and Urban Development As a result, he plans to recuse himself "from any particular matter concerning HUD's rental voucher program."9 Neither the White House nor Mr. Kushner's attorneys, however, has confirmed which financial assets Mr. Kushner still controls - rendering oversight of Mr. Kushner's recusals and compliance with conflict-of-interest law impossible. 10 The status of the financial holdings of Mr. Kushner's wife, Ivanka Trump, is also unclear, adding additional confusion as to which matters would have "a direct and predictable effect" on Mr. Kushner's, or his wife's, financesY Ethics expert Kathleen Clark stated that "the public should have information about what types of matters Kushner is going to have to recuse from," as well as the "mechanism" the White House will use "to ensure that Kushner will not participate in matters that affect his retained financial interest." 12 We agree. While previous Administrations made ethics-pledge waivers publicly available on the White House website, the Trump Administration has chosen not to do decision, approval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which, to his knowledge, he, his spouse, minor child, general partner, organization in which he is serving as officer, director, trustee, general partner or employee ... has a financial interest.. .. " See also 18 U.S.C. § 216 (2015). 6 Annie Kami, "Kushner to resign from exec posts, divest sizable assets," Politico (January 9, 2017) (online at . 7 Id. Justin Elliot and Al Shaw, "White House Power Player Jared Kushner Is Keeping Parts of His Real Estate Empire," ProPublica (February 24, 2017) (online at jared-kushner-keeping-parts-of-real-estateempire?utm campaig1F"'sprout&utm mediutn"'"social&utm source'·"'Sprout&utm content"'" 1488034890). 9 Doug Donovan and Jean Marbella, "Jared Kushner, relative and adviser to Trump, to avoid housing voucher policies," Baltimore Sun (February 25, 2017) (online at http ://w ww. balti moresun.com/news/mary land/investigations/bs-md-j ared-kushner-housing-201 70226-story .htm I). 10 Justin Elliot and Al Shaw, "White House Power Player Jared Kushner Is Keeping Parts of His Real Estate Empire," ProPublica (February 24, 2017) (online at https://www.propublica.org/article/white-house-power-playerjared-kushner-keeping-parts-of-real-estateempire?utm carnpaign=sprout&utm medium=social&utm source=sprout&utm content=l 488034890). 11 5 C.F.R. § 2640.103 (a) (2015). 12 Justin Elliot and Al Shaw, "White House Power Player Jared Kushner Is Keeping Parts of His Real Estate Empire," ProPublica (February 24, 2017) (online at https://www.propublica.org!article/white-house-power-playerjared-kushner-keeping-parts-of-rea1-estateernpire?utm carnpaign=sprout&utm source=spr:out&utm content=1488034890). 8 so. As the Deputy Counsel to the President and the Designated Agency Ethics Official in the Office of the White House Counsel-which is responsible for monitoring Mr. Kushner's compliance with federal conflict of interest statutes-you are responsible for maintaining this information. To better understand how the Office of the White House Counsel plans to monitor and ensure Mr. Kushner's compliance with federal conflict of interest laws, please provide the following information no later than March 14, 2017: 1. From what holdings has Mr. Kushner divested his interests, and in which holdings has he retained his interests? Specifically, has Mr. Kushner divested from the holdings described by his attorney on January 7, 2017? 2. Based on Mr. Kushner's retained financial holdings, from what issues will the White House Counsel advise Mr. Kushner to recuse himself while serving as a senior White House advisor? 3. Based on the financial holdings of Mr. Kushner's wife, Ivanka Trump, from what issues will the White House Counsel advise Mr. Kushner to recuse himself while serving as a senior White House advisor? 4. To date, has Mr. Kushner recused himself from any of his advisory duties while working for President Trump? If so, from which issues did he do so? 5. In order to work on issues that could potentially affect his or his wife's financial holdings, Mr. Kushner must receive a waiver from White House ethics officials or qualify for a regulatory exemption. Has Mr. Kushner requested, or received, any waivers that have allowed him to work on issues that would directly affect his or his wife's financial interests? If so, please provide copies of the waivers. If you or members of your staff have any questions about this request, please do not hesitate to ask your staff to contact Susannah Savage with Senator Warren's staff at 202-224-4543, Roberto Berrios with Senator Carper's staff at 202-224-2627, or Krista Boyd with Congressman Cummings staff at 202-225-9493. With best personal regards, we are Sincerely yours, Elizabeth Warren United States Senator cc: The Honorable Walter M. Shaub Director U.S. Office of Government Ethics cfilPer Tom United States Senator