Government Ethics

Last week, Secretary Hegseth delivered a speech at the National War College introducing transformations to the defense procurement process.  Among them, the Secretary discussed awarding companies bigger and longer contracts for proven systems; removing “excessive and burdensome” requirements (for example, acquisition rules, accounting standards, and testing oversight); and empowering program leaders with authority to direct program outcomes, move money, and adjust priorities.  Overall, the speech outlined a vision for a more agile defense procurement process that leans heavily on practices already proven and featured in the commercial sector.Continue Reading Contractors Should Not Overlook the Administration’s Call to Action on Commerciality

It may begin with an unusual media inquiry or a sudden spike in interest on social media. Just as often, it starts with a non-public request for documents or other evidence. Your boss or your staff have been accused of wrongdoing, and it falls to you to lead the response.

Continue Reading Handling Investigations of Members of Congress and Congressional Staff: A How-To Guide for Chiefs of Staff

While historically criticized for inconsistency or opacity, the House Ethics Committee appears to be moving toward a more active and transparent enforcement posture.  Last week, the Committee adopted two reports finding Rep. Alexandria Ocasio-Cortez (D-NY) and Rep. Mike Kelly (R-PA) violated House ethics rules.  The reports together serve as a warning—both to Members of Congress and private parties engaging with the Hill—that we may have entered a period of heightened scrutiny of interactions between private parties and Members of Congress and their staff.

In particular, as discussed in greater detail below, the reports suggest that the Ethics Committee is increasingly focused on policing inadvertent violations that create an appearance of impropriety.  Likewise, by publishing public reports in lieu of more traditional letters of reproval, the Committee may be signaling a desire to assert its authority while providing clear guidance to Members and private parties alike.  Moreover, the dual release of the reports—adopted with a unanimous vote of the Committee’s members—signals the Ethics Committee’s intent to strictly enforce its rules publicly and across party lines. Below we provide an overview of each report, highlighting key Committee findings along with broader implications for congressional ethics enforcement.Continue Reading Recent House Ethics Committee Actions Signal Expanding Scope of Enforcement

With the end of the Biden Administration, the start of the Trump 2.0 Administration, and a change of power in the U.S. House, the steady churn of high-skill professionals moving in and out of government positions has reached an all-time high. Indeed, beyond the typical cadre of newly unemployed political

Continue Reading Don’t Get Stuck in the Revolving Door: A Primer on Federal Post-Government Employment Restrictions

The House Ethics Committee concluded 2024 by releasing a memorandum updating its guidance for Members’ personal use of political campaign funds (“updated guidance”).  While the Federal Election Campaign Act (“FECA”) and Federal Election Commission (“FEC”) regulations prohibit the personal use of campaign funds, House Rule 26.6(b) imposes additional restrictions on the “personal use” of campaign funds by a Member, her or his family, and other persons. 

The updated guidance reminds Members that House Rules are separate from, and in addition to, FEC regulations on the personal use of campaign funds.  Both the Ethics Committee and the FEC have emphasized their separate and independent jurisdiction, meaning that Members, their families and associates who are subject to House rules must comply with both regimes.

Additionally, the Senate also has its own rule (Rule 38.2) prohibiting Senators’ personal use of campaign funds.

While the House Ethics rules and FEC regulations are compatible, they are not identical.  Here are some of the more important distinctions:Continue Reading New House Ethics Committee Memorandum Clarifies Rules on Personal Use of Covered Campaign Funds

Federal circuit courts are split on a core question of corruption law: whether state and local officials, and agents of organizations that contract with or receive benefits from the federal government, may lawfully accept gratuities.

It is generally a federal crime for state and local officials to act in their

Continue Reading Gratuity or Gift?  The Supreme Court May Soon Delineate the Difference
With a growing chorus of support across the progressive landscape, the For the People Act of 2021 has emerged as a key legislative priority for congressional Democrats in the 117th Congress.  Envisioned as a “transformational anti-corruption and clean elections reform package,” the bill would enact sweeping changes to federal election


Continue Reading Understanding H.R. 1 (Part 4): Conflict-of-Interest and Revolving-Door Issues


Continue Reading Covington Publishes Comprehensive Advisory Comparing Biden and Trump Executive Orders on Ethics