IEC Journal

Agency Model Practices

The May upgrades to OGE's list of Agency Model Practices are welcome. Lists like this have multiple benefits, so let's hope this valuable section can be kept updated on a regular basis.

 

Scholarly Analysis of 18 U.S.C. 207(A)(1)

Allen B. Coe's Air Force Law Review article entitled “18 U.S.C. 207(A)(1) 'Lifetime Representation Ban' Opinions:  A Lifetime’s Work for Agency Ethics Officials and Advisors” is available. Thanks to Mark Stone for the tip.

Insider Trading Bill

The "Stop Trading on Congressional Knowledge Act," H.R. 682, would prohibit members and employees of Congress, as well as other Federal employees from trading based upon material nonpublic information.

Improper Disclosure of Information

Mark Stone drew our attention to President Obama's 27 May 09 six page memo entitled “Classified Information and Controlled Unclassified Information.” 

As Mark noted, this is significant because releasing government information contrary to law or regulation raises standard of conduct issues.  See 41 USC 423(a), 18 USC 1905, 5 CFR 2635.703, and 5 CFR 2635.902(z).

Federal Eye

The Washington Post's Federal Eye blog reports on the Federal Government, including this post on the latest developments concerning Inspectors General.

Whistleblower Ruling Stirs Controversy

Joe Davidson's Washington Post Federal Diary column examines a controversial MSBP decision. An excerpt:

Until Congress acts, the Whistleblower Protection Act is dead," said Tom Devine, legal director of the Government Accountability Project. "The MacLean decision means government agencies can fire employees for any disclosure otherwise protected by the WPA. The decision reduces the WPA to a voluntary guideline that agencies can cancel at will by issuing blanket gag regulations."

But Devine and other advocates, including those in Congress, aren't willing to let the law pass away peacefully. Rather than grieving, they are using the decision as evidence in their long battle to pass stronger whistleblower protections.

More views from Government Accountability Project are available.

Examples of Gift Ethics Issues

Writing in the Washington Post, Al Kamen's discussion of VIP-level gifts from foreign governments provides good teaching examples. Who would have guessed that a Singapore official would give President George W. Bush a "Creative Zen MP3 Player and an OSIM uSqueez Calf and Foot Massager."

OGE Training Schedule

Updated July 1 to correct time of Sept. 29 program.

OGE has announced an ambitious program of training over the next few months, with a highlight being their Sept. 29 program on travel issues featuring the ever-popular Lenny Loewentritt.

Issue With DOJ Nominee Withholding Client Names?

The Washington Times reports:

The criminal defense lawyer nominated by President Obama to be the top federal prosecutor in New Jersey is declining to identify more than half of his private clients on government forms designed to help the public guard against potential conflicts of interests.

Paul J. Fishman, nominated to serve as the U.S. attorney for New Jersey, is citing the privacy interests of the clients - an exemption that is permitted under federal ethics laws, but that leaves prosecutors on an honor system to police their own conflicts, ethics watchdogs say.

AmeriCorps IG Updates

Talking Point Memo provides continuing updates on the controversy over the firing of AmeriCorps IG Gerald Walpin.