The following article by Josh Gerstein was posted on the Politico website December 17, 2017:
First daughter and presidential adviser Ivanka Trump and her husband and fellow White House adviser Jared Kushner were hit with a lawsuit Sunday alleging illegal omissions on their public financial disclosure forms.
Washington lawyer Jeffrey Lovitky contends that Trump and Kushner failed to identify the assets owned by 30 investment funds the couple had stakes in. The complaint filed in U.S. District Court in Washington also claims the couple should have declared the value of and income they derived from two investment vehicles, but did not.
The suit notes that in a half dozen instances Kushner’s report indicates that more detailed information is not being provided because a “pre-existing confidentiality agreement” precludes disclosure.
“The [Ethics in Government Act] does not allow a reporting individual to refuse to disclose the underlying assets of an investment vehicle, on the basis that such disclosure would violate a pre-existing confidentiality agreement. Nor does the EIGA allow a reporting individual to refuse to disclose the amount of income derived from any underlying asset of an investment vehicle, on the basis that such disclosure would violate a pre-existing confidentiality agreement,” the suit contends.
A White House spokesman said Monday that the lawsuit lacks merit and the disclosures, formally known as 278e forms, meet all legal requirements.
“This suit is frivolous. Mr. Kushner’s 278e was closely reviewed by the nonpartisan Office of Government Ethics, which certified his compliance with federal law,” the spokesman said. “Mr. Kushner and his representatives also maintain ongoing communications with the Office of Government Ethics to ensure his disclosures remain in compliance. Ms. Trump’s 278e parallels Mr. Kushner’s in all relevant respects.”
Guidance from OGE does appear to permit more limited disclosures in some circumstances involving confidentiality commitments entered into prior to government service.
“In general, an agency may certify a report if the agency is satisfied that the filer is unable to disclose the information publicly due to a preexisting confidentiality agreement and that the potential for conflicts has been addressed,” a “frequently asked questions” section on the OGE website says.
Lovitky, a health care finance lawyer who sometimes files civil rights cases, filed a similar suit against President Donald Trump in March, alleging that a financial disclosure Trump filed during the 2016 campaign failed to make clear whether and to what degree he was personally liable for various debts shown on the form. That suit — which now includes claims related to a new form Trump in June — is still pending. The Justice Department has moved to dismiss the case, but the judge has not yet ruled on the motion.
Kushner has updated his complex financial disclosure form several dozen times since it was filed in March. Both he and Ivanka Trump were also fined for late filings. In order to take his West Wing job, Kushner resigned from 266 posts related to his investments. He has divested some of his holdings, but not given up most of them.
View the post here.