Complaint Filed to Ethics Officials Regarding Commerce Secretary Howard Lutnick

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.