Trump's Goya Stunt: Lawful Or Not?

Ivanka Trump, daughter of former US President Donald Trump, sparked controversy in 2020 by posting a photo of herself holding a can of Goya beans on social media. This came in response to calls for a boycott of the brand after its CEO, Robert Unanue, praised the then-president at a White House event. Ivanka's post, which included Goya's slogan in English and Spanish, drew criticism for potentially violating federal ethics laws by using her position as a White House employee to endorse a private business. The incident added to a string of ethical concerns surrounding the Trump administration's disregard for traditional boundaries between the official and the political.

Ivanka Trump's Goya endorsement

Ivanka Trump, daughter of and advisor to then-US President Donald Trump, posted a photo of herself on social media holding a can of Goya black beans. The photo was captioned with the company's slogan: "If it's Goya, it has to be good. Si es Goya, tiene que ser bueno."

This post came after Goya Foods CEO Robert Unanue praised President Trump during a trip to the White House, prompting calls to boycott the company. Ivanka's post was seen as a response to the boycotts, but as a senior advisor to the White House, questions were raised over whether she had violated federal ethics rules by promoting the product on her social media account.

The United States Office of Government Ethics states that "executive branch employees may not use their Government positions to suggest that the agency or any part of the executive branch endorses an organization (including a nonprofit organization), product, service, or person". Walter Shaub, a former director of the US Office of Government Ethics (OGE), wrote in a series of tweets that Ivanka's post was "clearly a violation of the government's misuse of position regulation". He added that it "creates the appearance that the government's endorsement is for sale".

The White House defended Ivanka, saying she had "every right to express her personal support" and that "only the media and the cancel culture movement would criticize Ivanka for showing her personal support for a company that has been unfairly mocked, boycotted and ridiculed for supporting this administration".

Violation of the Hatch Act

In July 2020, Ivanka Trump, daughter and senior adviser to then-President Donald Trump, posted a photo of herself on Twitter and Instagram holding a can of Goya black beans. The caption, in English and Spanish, read: "If it’s Goya, it has to be good. Si es Goya, tiene que ser bueno." This was seen by many as an endorsement of the brand, which had recently come under fire after its CEO, Robert Unanue, praised the President at a White House event. Ivanka's tweet was an obvious response to the backlash the company received for the CEO's comments.

This action has been deemed a violation of the Hatch Act of 1939, which prohibits federal employees in the executive branch from undertaking certain activities on behalf of a political candidate. Ivanka Trump, as a federal employee, is subject to these requirements. By promoting Goya Foods in the context of the current political campaign, her tweet might be seen as a form of political activity in support of the President's reelection campaign.

The Office of Special Counsel, an independent government watchdog agency, has found 13 Trump officials in violation of the Hatch Act, according to Citizens for Responsibility and Ethics in Washington (CREW). Ivanka Trump's endorsement of Goya is just one example of the Trump administration's flouting of ethical norms and disregard for the traditional boundaries between the official and the political.

Furthermore, Ivanka Trump's tweet also appears to be an endorsement of a product, which violates federal ethics laws that prohibit government officials from making statements or endorsements of products that would leverage their roles for financial gain. The Office of Government Ethics (OGE) has reiterated the importance of presidents and their administrations acting as though the rules apply to them. However, the Trump administration has been lax in enforcing ethical standards and has even protected ethics violators, leading to a culture of lawlessness within the administration.

Federal ethics laws

• Bribery of Public Officials Prohibition (18 U.S.C. § 201): This statute prohibits federal employees from directly or indirectly receiving or soliciting anything of value in exchange for being influenced in their performance or non-performance of official duties.
• Restrictions on Compensated Representational Activities (18 U.S.C. § 203): This statute prohibits federal employees from seeking or accepting compensation for representational services before a federal court or government agency, unless specifically allowed by law.
• Restrictions on Acting as an Agent or Attorney (18 U.S.C. § 205): This statute prohibits government employees from acting as agents or attorneys for anyone before a federal court or government agency, whether compensated or not, except in certain limited circumstances.
• Post-Government Employment Restrictions (18 U.S.C. § 207): This statute imposes restrictions on former federal employees when they leave government service. It prohibits them from making certain communications or appearances before the federal government on behalf of a third party.
• Financial Conflicts of Interest Prohibition (18 U.S.C. § 208): This statute prohibits federal employees from participating in matters where they have a financial interest. It aims to prevent conflicts of interest by ensuring employees' impartiality in performing their official duties.
• Supplementation of Federal Salary Prohibition (18 U.S.C. § 209): This statute prohibits federal employees from receiving any salary, contribution, or supplementation of salary from sources other than the U.S. government as compensation for their services.
• Impartiality in Performing Official Duties (5 C.F.R. § 2635.502): Federal employees must take steps to avoid any appearance of loss of impartiality in their official duties. They should not participate in matters involving specific parties if it may affect their financial interests or those of their household members.
• Use of Public Office for Private Gain (5 C.F.R. § 2635.702): Federal employees are prohibited from using their public office for private gain or to endorse products, services, or enterprises, except as permitted by law. They must also avoid giving preferential treatment to any private organization or individual.
• Use of Nonpublic Information (5 C.F.R. § 2635.703): Federal employees are prohibited from engaging in financial transactions using nonpublic information or allowing its improper use to benefit themselves or others.
• Use of Government Property (5 C.F.R. § 2635.704): Federal employees have a duty to protect and conserve government property and may only use it for authorized purposes.
• Use of Official Time (5 C.F.R. § 2635.705): Federal employees must use official time honestly and diligently to perform their official duties. They should not encourage subordinates to use official time for non-official activities.
• Outside Employment and Activities (5 C.F.R. § 2635.801-809): Federal employees must comply with restrictions on outside employment and activities, including prior approval requirements, limitations on earned income for certain appointees, restrictions on expert witness services, and limitations on teaching, speaking, and writing for compensation.
• Fundraising Activities (5 C.F.R. § 2635.808): Federal employees may engage in fundraising only in accordance with certain restrictions. They must not personally solicit funds from subordinates or prohibited sources and must not use their official titles or positions to further fundraising efforts.
• Just Financial Obligations (5 C.F.R. § 2635.809): Federal employees must satisfy their financial obligations as citizens, including paying taxes and meeting other just financial commitments.

The role of the Office of Government Ethics

The United States Office of Government Ethics (OGE) is an independent agency within the executive branch of the U.S. Federal Government. It is responsible for directing executive branch policies relating to conflicts of interest involving federal executive branch officers and employees.

The OGE's main duties include:

• Establishing standards of conduct for the executive branch
• Issuing rules and regulations interpreting the criminal conflict of interest restrictions
• Creating the framework for the public and confidential financial disclosure systems for executive branch employees
• Developing training and education programs for use by executive branch ethics officials and employees
• Ensuring that individual agency ethics programs are functioning properly by setting, supporting, and reviewing their requirements

The OGE was created by the Ethics in Government Act of 1978, which was passed by Congress in the wake of the Watergate scandal to curb ongoing ethics issues in government. The OGE was originally part of the Office of Personnel Management until it separated in 1989.

The Director of the OGE is appointed by the President and confirmed by the U.S. Senate. The Director serves a five-year term, overlapping presidential terms, and is not subject to any term limits. The rest of the OGE employees are career civil servants.

In the context of the Trump administration, the OGE has been involved in addressing potential conflicts of interest related to President Trump's business holdings. The OGE also requested that the Trump administration and its associates submit a form regarding divestment of assets and possible conflicts of interest.

In the specific case of Ivanka Trump's endorsement of Goya Foods, the OGE's role is to provide oversight, policy, and guidance regarding ethics laws and policies. Ivanka Trump's endorsement of Goya Foods, in the context of a political campaign and her position as a senior government official, may be seen as a potential violation of federal ethics laws. The Hatch Act of 1939 prohibits federal employees in the executive branch from engaging in certain political activities and making endorsements that could lead to financial gain.

The Trump administration's disregard for ethical norms

Ivanka Trump, the daughter of former US President Donald Trump, posted a photo of herself on social media holding a can of Goya black beans. This was in response to calls for a boycott of Goya Foods after the company's CEO, Robert Unanue, praised President Trump at a White House event, stating, "we're all truly blessed" to have him as a leader. Ivanka's post, which included the company's slogan in English and Spanish, was seen as an endorsement of the brand and a violation of federal ethics laws and regulations.

This incident is not an isolated case of the Trump administration's disregard for ethical norms. Ivanka Trump's post violated an executive branch ethics regulation that prohibits employees from misusing their official positions to endorse commercial products. This regulation is enforced by the Office of Government Ethics (OGE), which lacks enforcement power and relies on White House support. However, the Trump administration has been openly hostile to the OGE and has failed to lead by example in establishing ethical norms.

Furthermore, the Office of Special Counsel, an independent government watchdog agency, has found 13 Trump officials in violation of the Hatch Act of 1939, which limits the political activities of government employees. This is a significant increase compared to the two instances reported during the Obama administration.

The tone set by the Trump administration consistently undermines the principles of government ethics, sending a message that lawlessness is tolerated and even required. This disregard for ethical norms has far-reaching implications and contributes to a breakdown of legal safeguards, potentially paving the way for the rise of authoritarianism.

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