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Norms Impact

Trump has canceled Biden’s ethics rules. Critics call it the opposite of ‘drain the swamp’

A Day 1 stroke erased federal ethics guardrails, weakening anti-corruption norms by reopening gift-taking and revolving-door pathways between lobbyists and executive power.

Executive

Jan 22, 2025

Sources

Summary

Donald Trump rescinded Joe Biden’s January 2021 executive order imposing ethics restrictions on executive-branch employees and lobbyists on his first day back in office. The shift removes federal guardrails meant to separate public power from private influence by easing gift and revolving-door limits. The practical consequence is a wider, faster pathway for lobbyists to buy access and move into government jobs without the prior cooling-off barriers.

Reality Check

This rollback normalizes pay-to-play by removing the cooling-off and gift barriers that keep private influence from colonizing public decision-making, leaving our rights exposed to governance for sale. The act itself—rescinding a predecessor’s executive order—is generally lawful, but it sharpens the risk that ensuing conduct could slide into criminal territory under federal bribery and gratuities laws (18 U.S.C. § 201) and honest-services fraud (18 U.S.C. §§ 1341, 1343, 1346) if gifts or benefits are tied to official acts. Even without a provable quid pro quo, the institutional damage is immediate: weaker ethics constraints mean less deterrence, fewer bright lines, and more room for influence peddling to become standard operating procedure.

Detail

<p>On his first day in office, President Donald Trump signed an executive order rescinding an ethics order issued by former President Joe Biden in January 2021. The rescinded rules included prohibitions affecting executive-branch employees and lobbyists.</p><p>The rollback removes limits on executive-branch employees accepting major gifts from lobbyists and eliminates bans that restricted lobbyists from seeking executive-branch jobs, or executive-branch officials from moving into lobbying roles, for at least two years.</p><p>In the period leading up to the inauguration, Trump personally benefited from launching a new cryptocurrency token that rose in value, and first lady Melania Trump reached a deal with Amazon to produce a documentary. Separately, the Trump Organization adopted a voluntary agreement barring deals with foreign governments while permitting deals with private companies abroad.</p>