As President-elect Donald Trump prepares to take office, the Senate confirmed David Huitema as director of the Office of Government Ethics (OGE) in a critical 50-46 vote on Thursday. Huitema, who previously headed the State Department’s ethics program, will lead the agency for a five-year term that spans Trump’s presidency, ensuring oversight of the administration’s nominees and appointees. While advocates for government accountability praised the move, others warned of significant challenges ahead, particularly given Trump’s history of ethical controversies during his first term.
The OGE plays a pivotal role in ensuring the integrity of the federal government by vetting nominees for conflicts of interest, enforcing ethics regulations, and providing guidance during presidential transitions. However, with Trump’s return to the Oval Office, many fear Huitema’s ability to enforce these standards will be severely tested.
The OGE is tasked with overseeing ethics compliance across federal agencies, a responsibility that becomes especially significant during transitions between administrations. The agency works closely with nominees for cabinet and other key positions to ensure financial disclosures are complete and conflicts of interest are resolved. Public Citizen, a consumer advocacy group, emphasized the importance of Huitema’s role during this period, stating, “The office needs to be fully staffed and operational during the course of the transition period.”
The agency has been without a confirmed director since the expiration of Emory Rounds’ term more than a year ago. During Trump’s first term, Rounds repeatedly clashed with the administration, refusing to certify financial disclosures for officials like Wilbur Ross, whose filings contained inaccuracies. Acting director Shelley Finlayson had been filling the role on an interim basis until Huitema’s confirmation.
Without a confirmed director, the agency’s independence is at risk. During his first term, Trump bypassed Finlayson to install another career official as acting director, raising concerns about the administration’s willingness to undermine the agency’s mission.
Trump’s first presidency was marked by frequent ethical breaches among top officials, creating significant challenges for the OGE. In 2019, Rounds warned the Trump administration that agencies could not unilaterally change their ethics rules without OGE approval, threatening to withhold certification of ethics agreements for noncompliance. He also had notable conflicts with then-Commerce Secretary Wilbur Ross and EPA Administrator Scott Pruitt, whose financial disclosures failed to meet ethical standards.
Acting OGE Director David Apol expressed concerns about the Trump administration’s conduct, stating, “I am deeply concerned that the actions of some in government leadership have harmed perceptions about the importance of ethics and what conduct is, and is not, permissible. I encourage you to consider taking action to re-double your commitment to ethics in government.”
Such incidents underscore the vital role Huitema will play in holding officials accountable and preserving public trust in government institutions. However, the challenges he faces could be even greater as Trump re-enters the White House.
Democrats prioritized Huitema’s confirmation during their final days of Senate control, emphasizing the need for a strong ethics leader ahead of a second Trump administration. During his confirmation hearing, Huitema acknowledged the gravity of his new position, saying, “We must support each other in courageously providing sound ethics guidance, even when it is unwelcome, and in pursuing enforcement of the ethics laws where necessary.”
Republican opposition to his nomination was fierce, with Sen. Mike Lee (R-Utah) accusing Huitema of engaging in “partisan lawfare” and arguing that only the incoming president should make the appointment. Lee’s objections delayed the confirmation process, but Senate Democrats ultimately secured Huitema’s position.
Advocates for government accountability hailed Huitema’s confirmation as a necessary step to safeguard ethics compliance. Citizens for Responsibility and Ethics in Washington (CREW) called it “good news” in the face of a looming Trump administration they predict will be “even more corrupt than the first.”
Huitema’s term begins at a critical time. Trump has so far refused to sign ethics agreements with the Biden administration, a necessary step for presidential transitions. Without these agreements, Trump’s teams have been unable to deploy into agencies or receive briefings from career staff, raising questions about the transparency of his transition.
Further complicating matters, Trump has called for the Senate to relinquish its advice and consent role, allowing him to bypass confirmation hearings for key appointments through recess appointments. Walter Shaub, who led the OGE during the Obama administration, warned that Huitema could face significant resistance. “It might be a hollow victory for government ethics if Trump fires Huitema after the inauguration,” Shaub said. “Even if Trump doesn’t fire Huitema, OGE won’t be able to prevent Trump’s top appointees from retaining conflicting financial interests if the Senate grants Trump’s request that lawmakers conspire in skirting or short-shrifting the constitutional confirmation process.”
Advocates also worry that Huitema’s position could become symbolic rather than substantive, with Trump using his authority to sidestep ethics laws. Shaub cautioned Huitema to avoid becoming “mere window dressing” for an administration that may seek to undermine the agency’s work.
Despite the challenges, Huitema’s confirmation provides an opportunity to strengthen ethics enforcement at a critical juncture. His leadership will be key to ensuring that conflicts of interest among federal officials are addressed, maintaining public trust in government processes.
However, the risks are substantial. Advocacy groups warn that Trump’s return to the White House could lead to a further erosion of ethical standards, making the OGE’s role more important than ever.
“We must support each other in courageously providing sound ethics guidance, even when it is unwelcome, and in pursuing enforcement of the ethics laws where necessary,” Huitema said.
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