Writing about our government is always a mix of good and bad news, new and old law, smart and dumb ideas, and little or no ethical import or comment. Whether we have an “ethical” government is rarely debated or examined in print media—and especially not in social media. But there is a constant need in the U.S. for ethics, morality, and good conduct.
The “need” for government is elemental. Government is a base need underpinning the success or failure of government to do its job. At the risk of oversimplification, without a government, we cannot establish order, foster progress or ensure the wellbeing and security of every citizen, every inhabitant, every visitor, and everyone who knows someone here in the U.S.
Autocracies do not need government. They “govern” in the singular. They exist under the thumb of one individual who holds all political, economic, social, and military power. The autocrat’s rule is unlimited and absolute and is not subject to any legal or legislative limitation. Democracies grant governing authority to the people or to governing officials through free elections. An autocratic ruler is accountable to no one and is not held accountable by a cabinet of advisors, a system of courts, the people, or the press.
The U.S. is a democracy for now, but maybe not forever. Democracies need government. But not a puppet government. Not a movie star chamber. Not a movement government. Not based on religious fever, or a return to the fifties. It is a federal republic composed of 50 states, a federal district of Washington, D.C., five major and various minor insular areas and over 90,000 local governments, including counties, municipalities, townships, school districts, and special district governments. At 3.8 million square miles and with over 329 million people, the US is the world’s third-largest country by total area and the third most populous.[1]
Ethical governance is a set of values, processes, and practices that ensure organizations and governments are fair, transparent, and accountable. It demands: (1) Transparency: Making information available to stakeholders promptly and accurately. (2) Accountability: Ensuring that decision-makers are answerable for their actions. (3) Fairness: Ensuring that all stakeholders are treated equitably. Integrity: (4) Emphasizing the importance of integrity in decision-making processes. (5) Alignment with societal values: Aligning organizational strategies with ethical standards and societal values. (6) Preventing corruption: Striving to prevent corruption and misconduct.[2]
Every president in modern history has signed a standard ethics pledge. However, President-Elect Trump has not yet signed his “ethics” pledge.
“Reports say that Trump is not signing because the required ethics pledge includes a commitment to avoid conflicts of interest serving as president. If true, this resistance to commit to ethical conduct while serving as president is a red flag pointing to nothing so much as greed and corruption and an intention to enrich himself and/or his family through the extensive powers of his office. Americans expect and deserve a president who prioritizes the nation’s well-being over personal gain. They will not tolerate a president who abuses the powers of his office to line his own pockets. President-elect Trump must sign the ethics pledge immediately to reassure the American people that he will act in their interest – and only their interest – while serving as President of the United States.”[3]
The most recent presidential order regarding “ethics” is dated January 20, 2021. It says:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, and sections 3301 and 7301 of title 5, United States Code, it is hereby ordered as follows:
Section 1. Ethics Pledge. Every appointee in every executive agency appointed on or after January 20, 2021, shall sign, and upon signing shall be contractually committed to, the following pledge upon becoming an appointee: “I recognize that this pledge is part of a broader ethics in government plan designed to restore and maintain public trust in government, and I commit myself to conduct consistent with that plan. I commit to decision-making on the merits and exclusively in the public interest, without regard to private gain or personal benefit. I commit to conduct that upholds the independence of law enforcement and precludes improper interference with investigative or prosecutorial decisions of the Department of Justice. I commit to ethical choices of post-Government employment that do not raise the appearance that I have used my Government service for private gain, including by using confidential information acquired and relationships established for the benefit of future clients.[4]
President-Elect Trump’s transition team released an “ethics pledge” on December 3, 2024, that does not require Trump to address the potential conflicts of interest that may impact his decisions during his second term. The plan does not say it applies to the president himself. The key details are noticeably missing.
Without a clear plan, the American public is left in the dark about how Trump — a wealthy businessman with a real estate empire and ties to numerous industries — will navigate the potential conflicts of interest that may arise in his second term. Trump has several holdings that raise significant conflicts of interest concerns, including his new cryptocurrency business, majority stake in the social media network Truth Social, real estate properties, books, and licensing deals. If the president-elect were to sign an agreement vowing to avoid conflicts of interest, it would suggest that he would divest from many — if not all — of these holdings. A key part of Trump’s broad personal wealth is his many stock holdings that span multiple industries. The ethics plan does not outline a directive on stock ownership for the president, meaning that Trump will have direct financial interests when it comes to regulating those industries. The ethics plan also provides very little guidance for how transition team members should handle their own stock portfolios during and immediately after the transition. While there is a general requirement for team members to avoid actual and apparent financial conflicts of interest, there is no ban on stock trading. That could allow transition team members to use their proximity to government information to gain an advantage in the stock market. Because transition team members are not government employees, they do not have to file the same sort of thorough financial disclosures that we see from members of Congress and current administration officials.[5]
There is an ageless answer to this ethical dilemma: “Time will tell.” That’s not helpful with this ethics pledge. Here that time may be four years from now.
[1] https://usafacts.org/reports/2021/government-10-k/part-i/item-1-purpose-and-function-of-our-government-general/
[2] https://illuminem.com/illuminemvoices/what-is-ethical-governance-and-how-to-implement-its-principles
[3] https://www.commoncause.org/press/trump-must-sign-ethics-pledge-transition-documents/
[4] https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-ethics-commitments-by-executive-branch-personnel/#:~:text=
[5] https://campaignlegal.org/update/trump-ethics-plan-shows-little-effort-avoid-presidential-conflicts-interest
I am an author and a part-time lawyer with a focus on ethics and professional discipline. I teach creative writing and ethics to law students at Arizona State University. Read my bio.
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I am an author and a part-time lawyer with a focus on ethics and professional discipline. I teach creative writing and ethics to law students at Arizona State University. 
My latest novel is Hide & Be. 
If you have an important story you want told, you can commission me to write it for you. 