On Friday, March 21, the Campaign Legal Center (CLC) filed a complaint with the Office of Government Ethics (OGE) related to U.S. Secretary of Commerce Howard Lutnick urging the purchase of Tesla stock on March 19th.
CLC is a nonpartisan legal organization dedicated to solving the challenges facing American democracy. Its mission is to fight for every American’s freedom to vote and participate meaningfully in the democratic process, particularly Americans who have faced political barriers because of race, ethnicity, or economic status.
In an appearance on Fox News this week, U.S. Commerce Secretary Howard Lutnick encouraged viewers to buy stock in Tesla, the car company owned by Elon Musk, a “special government employee” advising the president and a Department of Government Efficiency (DOGE) leader.
The CLC complaint states the following:
“Campaign Legal Center (“CLC”) respectfully requests that the Office of Government Ethics (“OGE”) and the Department of Commerce (“Commerce”) investigate whether Commerce Secretary Howard Lutnick violated the federal ban on government officials using their public positions for private gain. Specifically, on March 19, 2025, Secretary Lutnick appeared on a national television news program in his official capacity and told viewers to purchase Tesla stock.1 Public officials are prohibited from promoting any “product, service, or enterprise,” and Secretary Lutnick’s actions require an investigation of this apparently flagrant violation of federal law.
The ethics laws that prohibit using public office for private gain exist to hold public officials accountable to their responsibility of serving the public good. No public good is served when a cabinet official acts as an influencer promoting a company’s stock. If senior officials in the executive branch are allowed to blatantly ignore ethics laws without consequence, it decreases public trust in our institutions. It is therefore imperative that OGE and Commerce investigate whether Secretary Lutnick improperly used his position to promote Tesla stock.”
Kedric Payne, vice president, general counsel, and senior director for ethics at Campaign Legal Center, issued the following statement:
“The president’s Cabinet members take an oath to serve the American people, and with that oath comes the ability and privilege to exercise a vast amount of power. Such power is intended to promote the public interest and is legally barred from promoting personal business interests.
Secretary Lutnick’s actions violate the ethics rules that were enacted to hold public officials accountable to the American people. His statement is part of a pattern of behavior showing that Trump’s indifference to ethics is trickling down to his most senior officials.
The American people deserve a government that prioritizes public good. Most people will conclude that promoting a stock is not tied to any public good, and ethics laws agree. The Office of Government Ethics and Commerce ethics officials should hold Lutnick accountable and reassure the public that their officials will face consequences if they use their public office to enrich themselves or their allies.”
Federal Ethics Laws clearly prohibit executive branch employees from promoting any company in their official capacity.
Section 5 C.F.R. § 2635.702 states that “employees may not use their public office for their own private gain; [or] for the endorsement of any product, service, or enterprise.” Specifically, the law provides that “employees may not use or permit the use of their Government position or title or any authority associated with their public office to endorse any product, service or enterprise” with two narrow exceptions.
One exception to the rule is if an official offers an endorsement “in furtherance of statutory authority to promote products, services, or enterprises.” The second exception is if the endorsement is the “result of documentation of compliance with agency requirements or standards or as the result of recognition for achievement given under an agency program of recognition for accomplishment in support of the agency’s mission.”
Since President Trump recently removed the director of the Office of Government Ethics, David Huitema, who was appointed during the Biden administration, and replaced him with Doug Collins, a former Republican Congressman, critics argue that these changes could undermine its ability to hold officials accountable. Complaints such as the one filed by CLC’s are less likely to be adjudicated in impartially.
This is unfortunate since the OGE's mission is to prevent conflicts of interest and ensure ethical conduct, and its effectiveness depends on its leadership's commitment to impartiality.
Despite the possibility that CLC’s complaint won’t be adjudicated impartially it is critical to have complaints such as this one filed so that the public is aware of the seriousness of these potential ethics violations.
Ethical behavior ensures that public officials act with integrity, making decisions in the people's best interest rather than for personal gain. Without ethical conduct, trust erodes, and the legitimacy of democratic governance is undermined.
The very foundation of our democracy relies on citizens having confidence in their leaders and institutions.
To read the full complaint, click HERE.
Democratic U.S. Senate candidate Graham Platner speaks to voters at a town hall at the Elks Lodge 188 on June 7, 2026, in Portland, Maine.
McConnell and Platner both feel entitled
The two men could not be more different. One, a Republican, octogenarian, seven-term Southern senator, the other a progressive, millennial Maine oysterman who’s never spent a day in elected office.
But Mitch McConnell, the senior senator from Kentucky who’s been MIA for the past few weeks and Graham Platner, the Maine Senate candidate who’s facing calls to drop out of his race against Sen. Susan Collins, apparently do have something in common: an outsized sense of entitlement.
McConnell, who is 84 and not running for reelection, has been hospitalized for three weeks, and yet we still don’t fully know what he was admitted for or what his condition is. Per CNN, “his office has not disclosed a medical reason for the hospitalization or provided specifics on his health status beyond saying last week that he ‘continues to improve’ and ‘is working closely with his staff on Kentucky and Senate matters.’ ”
While several legislators have said they’ve talked to him and insist he sounds strong, others have said they are completely in the dark. One MAGA influencer, Laura Loomer, posted ”High level source close to the White House tells me ‘Mitch McConnell is officially brain dead. He’s not coming back.’ ”
Meanwhile, up in Maine, Platner has been artfully dodging calls from his own party to drop out of his race after several allegations of misconduct from women, including a sexual assault allegation from a former girlfriend, came to light. While Platner, who has managed to survive a Nazi-tattoo scandal, a sexting scandal, and several old tweets scandals, denies the allegations, he has not quit.
High-profile Democrats including Sens. Bernie Sanders and Chuck Schumer, the latter of whom had unsuccessfully hand-selected Maine Gov. Janet Mills to face Collins instead of Platner, have urged Platner to drop out, while other Dems have accused him of trying to influence the picking of his replacement.
Maine Democratic Party Executive Director Devon Murphy-Anderson released a statement Tuesday, which said in part:
“Unfortunately, Graham Platner’s team has repeatedly reached out to us in an attempt to put their thumb on the scale of what this process looks like. We have repeatedly reiterated to Graham Platner’s team that they have no role in determining our next Democratic nominee for the U.S. Senate nor in determining what this process looks like.”
Both incidents show a deep lack of accountability to voters, who in one case deserve to know whether their senator is capable of performing his duties, and in another deserve a candidate who isn’t being accused of crimes, bigotry and deception.
The offensive and odious entitlement of both McConnell and Platner stands out not because it is particularly unique among today’s political class. Tom Kean, the New Jersey GOP congressman, missed more than 100 votes, only sharing after a three-month mystery absence that he was dealing with depression.
Former President Joe Biden’s Defense Secretary Lloyd Austin failed to disclose a hospitalization for prostate cancer surgery, flouting the established rules for Cabinet members and senior U.S. officials.
From Biden’s insistence on running for reelection despite his obvious cognitive and political weaknesses to Trump’s brazen flouting of laws and norms, few politicians seem to appreciate that their public service job comes with responsibilities to constituents, including transparency and honesty.
But both parties increasingly justify the chicanery, because the stakes of winning elections and keeping power are simply too high. But that’s no excuse. If we’ve learned anything over the past decade, it’s that character and accountability do, in fact, matter. And when we, the voters, stop caring about it, well, so do they.
S.E. Cupp is the host of "S.E. Cupp Unfiltered" on CNN.