Legal experts say Trump official broke law by saying ‘Buy Tesla’ stock but don’t expect a crackdown

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NEW YORK — When a White House adviser in the first Trump administration told TV viewers to “Go buy Ivanka stuff,” top government lawyers sprang into action, telling her she had violated ethics rules and warning her not to do it again.

Government ethics experts have varying opinions on whether the 2017 criticism of Kellyanne Conway went far enough, but many agree such violations now might not even draw an official rebuke.

A week after President Donald Trump turned the White House lawn into a Tesla infomercial for Elon Musk’s cars, a second sales pitch by a U.S. official occurred, this time for Tesla stock.

“It will never be this cheap,” U.S. Commerce Secretary Howard Lutnick said Wednesday. “Buy Tesla.”

Commerce Secretary Howard Lutnick speaks with reporters at the White House, Thursday, March 13, 2025, in Washington. (AP Photo/Alex Brandon)

Government ethics experts say Lutnick broke a 1989 law prohibiting federal employees from using “public office for private gain,” later detailed to include a ban on ”endorsements.” Although presidents are generally exempt from government ethics rules, most federal employees are not and are often punished for violations, including rebukes like the one Conway got.

As of Friday, no public action had been taken against Lutnick and it was unclear whether he would suffer a similar fate.

“They’re not even thinking of ethics,” said Trump critic and former Republican White House ethics czar Richard Painter of administration officials.

Painter has equally low expectations of that other possible brake to future violations — public opinion: ”I don’t know if people care.”

In his first term, Trump opened his hotel near the Oval Office to foreign ambassadors and lobbyists in what many legal scholars argued was a violation of a constitutional ban against presidents receiving payments or gifts that could distort public policy for private gain. His company launched a new hotel chain called “America Idea” in hopes of cashing in on his celebrity. Trump even once proposed holding a G-7 meeting of world leaders at his then-struggling Doral golf resort.

The ‘Buy Ivanka’ rebuke

But the reaction to Conway’s “Ivanka stuff” comment suggested certain lines couldn’t be crossed.

Within days of Conway’s TV comments, the head of the federal ethics agency, the Office of Government Ethics, wrote a letter to the White House saying Trump’s adviser may have broken the law and urging a probe. A White House lawyer then met with Conway to remind her of the law and reported to the ethics office that she had assured him she would abide by it in future.

Protesters outside a Tesla Service Center on Tchoupitoulas Street in New Orleans express their issues with Elon Musk and President Donald Trump on Friday, March 14, 2025. (Chris Granger/The Times-Picayune/The New Orleans Advocate via AP)

But this time, there is no head of the Office of Government Ethics. He was fired by Trump. Ditto for the inspector generals of various agencies who would head any investigation.

“What is likely to happen now? I really don’t know,” said Kedric Payne, chief lawyer at the Campaign Legal Center, a non-profit watchdog that sent a letter to the government ethics office on Friday calling for an investigation. “We no longer have the head of the Office of Government Ethics to push the Commerce Department to make sure the secretary acknowledges the law.”

Payne said Lutnick’s comment on TV may seem like a small transgression but it could snowball into a bigger problem if not punished.

“It starts with one TV appearance, but can develop into multiple officials asking people to support companies and products,” Payne said. “If there are no consequences, you get into a danger zone of a corruption.”

Trump critics point to other signs that Trump is careless with the law and ethical norms, citing his pardons for Jan. 6 Capitol rioters, a decision to allow his Trump Organization to strike business deals abroad and his attack on the Foreign Corrupt Practices Act banning U.S. company bribes abroad to win business.

Jelly beans and airlines

When it comes endorsing products, presidents used to be far more circumspect.

Their comments were mostly quick asides expressing opinions of taste, such as when Harry Truman called Pillsbury flour the “finest” or John F. Kennedy said United Airlines was “reliable.”

A Tesla vechile is seen near a charging station, Wednesday, March 19, 2025, in Woodstock, Ga. (AP Photo/Mike Stewart)

Ronald Reagan famously enthused about his jelly beans habit, remarking that they were the “perfect snack.”

Trump had five Teslas lined up in the White House driveway last week as he praised Musk’s company. Then he slipped into a red Model S he had targeted for personal purchase, exclaiming, “Wow. That’s beautiful.”

“Presidents are allowed to have personal opinions on products they like and dislike,” said ethics lawyer Kathleen Clark, referring to the Truman through Reagan examples. ”But what Trump did was transform the White House into a set for advertising the products of a private company.”

“It’s the difference between holding an extravaganza and holding an opinion.”

Calls for Musk investigation

In the aftermath of the Tesla White House event, Massachusetts Sen. Elizabeth Warren and three other senators wrote a letter to the Office of Government Ethics saying that, while presidents are exempt from ethics law banning endorsements, Elon Musk isn’t and calling for an investigation.

FILE – Tesla and SpaceX CEO Elon Musk listens as Republican presidential nominee former President Donald Trump speaks at a campaign event at the Butler Farm Show, Oct. 5, 2024, in Butler, Pa. (AP Photo/Alex Brandon, File)

A spokeswoman from Warren’s office said the government ethics office had not yet responded about what it planned to do about the White House Tesla endorsement. The Office of Government Ethics itself said it would not comment on either the Warren letter or Lutnick’s TV appearance.

The Commerce Department did not respond to Associated Press requests for comment.

Asked whether Lutnick would be reprimanded or an investigation opened, White House spokesman Kush Desai defended Lutnick, lauding “his immensely successful private sector career” and his “critical role on President Trump’s trade and economic team.”

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Former White House ethics chief Painter says Democrats have also played loose with the ethics law.

He is harshly critical of the Clinton charity, the Clinton Foundation, which was taking donations from foreign governments when Hillary Clinton was the country’s chief diplomat as secretary of state. Painter also blasts former President Joe Biden for not removing his name from a University of Pennsylvania research institute when he was in office even though it appeared to be helping draw donations overseas.

But Painter says the slide from caring about ethics laws and norms to defiance has hit a new low.

“There’s been a deterioration in ethics,” he said. “What Biden did wasn’t good, but this is worse.”

FDA crackdown on poppers prompts rush on popular gay party drug

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By Sonja Sharp, Los Angeles Times

LOS ANGELES — There’s a rush on Rush.

Stores up and down Santa Monica Boulevard have seen a run on the iconic red and yellow vials this week, as the Food and Drug Administration cracks down on poppers, a product that has long existed in legal limbo.

The active ingredient in Rush and other poppers is alkyl nitrite, a chemical that instantly dilates blood vessels when inhaled, producing a brief but intense feeling of euphoria. It also causes a loosening of smooth muscle tissue, including the anus, an effect that has made it a staple of gay sex for generations.

Although officially banned for human consumption by the FDA, poppers have been sold openly in thumb-sized bottles marketed — with a wink and a nod — as nail polish remover, liquid incense or VHS tape cleaner.

But after the FDA raided a popular brand called Double Scorpio this month, many fear the Trump administration is ending the era of tolerance.

Within days of the Double Scorpio raid, rival brands such as Pig Sweat, Brown Bottle and Dumb Bitch Juice have also become scarce, many retailers said.

“People are calling asking if we’re out,” said Sandy, a cashier at Smoke 4 Less, who gave only her first name because she wasn’t authorized to speak to the press. “They’re stocking up. Right now we’re capped at 10 at a time, just to keep it fair.”

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Similar buying frenzies have been reported around the country, with some worried it’s the opening of a new front in a broader campaign against LGBTQ+ people by the federal government.

“It’s a hit on the community,” said Edward, a clerk at Circus of Books in West Hollywood, who declined to give his last name, citing concerns about the drug’s legality since the FDA raid. “If that’s taken out, they don’t know what’s next.”

Roughly a third of gay men have used poppers, and about 20% have used them in the last three months, according to a 2020 report in the Journal of Psychoactive Drugs and a 2018 study in the Journal of Gay & Lesbian Social Services.

“I describe it to people as a muscle relaxant,” Edward said. “It helps with anal sex for people whose bodies are more sensitive.”

The bottles are popular enough to enjoy pride of place beside the cash register, and top billing on Circus of Books’ Instagram grid. Still, no one asking for poppers is likely to get them.

“You can call it so many things, but you can’t call it poppers,” said Jay Sosa, an associate professor of Gender, Sexuality and Women’s Studies at Bowdoin College in Maine and a scholar of the drug.

Everett Farr III, a longtime maker of Rush-branded nail polish remover, is credited as a pioneer in rebranding. He noted there have been several past crackdowns, and cautioned one FDA raid doesn’t necessarily spell the end.

“This is not my first rodeo,” said Farr. “It’s been pursued religiously before.”

But to many, this moment feels different.

Donald Trump has taken action on a range of gay and transgender issues, blocking gender-affirming therapies for children and military veterans, effectively halting a global AIDS prevention program, and weighing drastic cuts to the Centers for Disease Control and Prevention’s HIV division that would kneecap domestic efforts to end the disease.

“If that’s the weather, then [the crackdown on poppers] is a lightning bolt,” said Adam Zmith, author of “Deep Sniff, a History of Poppers and Queer Futures.” “It’s designed to be intimidating.”

Before he was FDA chief, Robert F. Kennedy Jr. also frequently railed against alkyl nitrites, repeating the conspiracy theory that poppers cause AIDS. That myth has recently gained new traction online, experts said.

The FDA would not answer questions about the Double Scorpio bust last Thursday, nor would it identify which other nitrite makers had been targeted, or when.

But by Monday, major players including Pac-West Distributing and Nitro-Solv had taken down their websites or replaced them with banners saying they no longer operate. Brown Bottle did not respond to calls and emails for comment. Double Scorpio co-founder Julian Bendaña referred questions to his lawyer, who did not immediately respond.

“We don’t have a lot of information to share but we believe that the FDA has performed similar actions towards other companies recently,” Double Scorpio posted on its website.

Amyl nitrites emerged in the 19th century as an early treatment for chest pain and asthma attacks. According to a 2024 paper in the California Law Review, they were made over the counter in the ’60s, then taken back under prescription at a manufacturer’s request after gay nurses helped popularize recreational use.

Amyl was replaced by other alkyl nitrites, sold under many of the same brands still in sex-shop vitrines today. In the ’70s, poppers were a common club drug. Through the ’80s, their use was mostly limited to gay men, thanks in part to the miasma of suspicion that hung over them during the AIDS epidemic. By 1990, they were made illegal for human consumption.

Then in the ’90s, Farr took over the trademark for Rush. Since then, he has become an expert on how to safely market and sell within the confines of the law.

“I manufacture a completely legal product,” he said. “Some people don’t understand the law and how to comply with it.”

Since the pandemic, alkyl nitrites have again surged in popularity among clubgoers, moving from adult stores into head shops and even corner stores.

The Double Scorpio brand has sleek packaging, hip social media presence and LGBTQ-owned bona fides that helped reach new users.

“They really cultivated a queer community,” said Zmith, the “Deep Sniff” author.

Officially sold as “leather cleaner,” Double Scorpio also comes in pumpkin spice flavor.

“Double Scorpio are three different nitrites,” said Edward, the West Hollywood clerk who doubles as a kind of nitrite sommelier. “It’s popular because it’s scented.”

The inhalant has also grown more popular with women, many of whom see it as a safer alternative to cannabis and alcohol, sellers and experts said.

“A lot of girls use it before they go out partying,” Edward said. “It’s a body high, but it doesn’t affect your mentality like marijuana does.”

It’s also widely available, and can be bought with Apple Pay.

“It’s a cheap, easy, legal high,” Zmith said.

But information about what the substance is or how to take it is scant. As it moves into new markets, problems have emerged.

“We’re seeing an increase in ingestion-related poisonings — people drinking poppers,” said Dr. Joseph J. Palamar, an associate professor in population health at NYU Langone Health.

Sniffing alkyl nitrites can cause skin irritation, dizziness, low blood pressure, headaches and other unpleasant side effects. Drinking them — even in tiny amounts — causes a type of blood poisoning that turns victims blue from sudden hypoxia.

“Even a couple drops are enough to make you sick,” Palamar said.

The FDA first warned consumers not to confuse poppers for energy drinks in 2021.

By 2024, the problem was significant enough that the New York City Department of Health and Mental Hygiene began distributing signs saying “DO NOT DRINK POPPERS” to bodegas that sell them.

Still, experts said ingestion poisonings have only really appeared in the last few months, recently enough that federal authorities are unlikely to be responding to them. In raw numbers, they’re small.

By contrast, many public health experts fear a broad crackdown on poppers could force the market underground, diverting users to riskier drugs as it did during previous raids in 2013.

“This is likely to hurt people,” said Dr. Timothy Hall, a psychiatrist and anthropologist specializing in HIV and addiction at UCLA. “Disrupting the supply of poppers in the U.S. is more likely to push people to seek more dangerous alternatives.”

The FDA took the same stance in 1987, Sosa said. Despite widespread evidence that the compound was being used illegally — including as part of a protracted trademark fight over Rush in federal court — the FDA has generally chosen to ignore it.

That policy could now be at an end, many fear.

“People don’t want to touch it,” Zmith said. “A lot of people don’t want to talk about anal sex, and they don’t want to make political statements defending anal sex.”

Amid the uncertainty, some sellers have spiked prices. Still more have preemptively yanked products from their shelves. A clerk at Rough Trade Gear in Silver Lake claimed the store had never sold alkyl nitrites, despite highlights promoting poppers on its Instagram.

The rest are simply selling what they have left in stock.

“I’m waiting for an order,” said Sandy, the Smoke 4 Less clerk. “We’ll see what I get.”

©2025 Los Angeles Times. Visit at latimes.com. Distributed by Tribune Content Agency, LLC.

Flu deaths rise as anti-vaccine disinformation takes root

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By Tim Henderson, Stateline.org

Americans are facing the highest death toll from influenza since 2018, just as more people become vulnerable because of growing vaccine skepticism taking hold in statehouses and the Trump administration.

Flu-related deaths hit a seven-year high in January and February, the two months that usually account for the height of flu season, according to a Stateline analysis of preliminary federal statistics. There were about 9,800 deaths across the country, up from 5,000 in the same period last year and the most since 2018, when there were about 10,800.

Despite that, the U.S. Department of Health and Human Services has canceled or postponed meetings to prepare for next fall’s flu vaccine, when experts talk about what influenza strains they expect they’ll be battling.

The cancellations raised protests from medical professionals and state and federal officials. U.S. Sen. Kirsten Gillibrand, a New York Democrat, said in a statement that her state is having its worst flu season in at least 15 years, with more deaths from flu and other causes as the state’s health care system struggles under the strain of flu patients.

Some experts say putting off vaccine planning will only feed false narratives that discourage lifesaving vaccinations.

“These delays not only weaken pandemic preparedness but also undermine public confidence in vaccination efforts,” said Dr. Akram Khan, an Oregon pulmonologist and associate professor at Oregon Health & Science University who has studied attitudes toward vaccines.

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U.S. Health and Human Services Secretary Robert Kennedy Jr. has expressed doubt about the need for vaccines, including flu vaccines, despite evidence that they reduce deaths and hospitalizations.

Deaths fluctuate naturally from year to year depending on the severity of current flu strains and the effectiveness of that year’s vaccines. But some see a hesitancy to use any vaccine, fed by misinformation and political mistrust of government, already taking a toll on lives.

“It’s been a bad winter for viral respiratory infections, not just in the United States but across the Northern Hemisphere,” said Mark Doherty, a vaccine scholar and former manager for GlaxoSmithKline Biologicals, a vaccine manufacturer.

“The U.S. does appear to be hit a bit harder, and it’s possible lower vaccination coverage is contributing to that,” Doherty said.

Flu vaccine distribution in the United States has been declining in recent years, and as of the first week of 2025 was down 16% from 2022, according to federal statistics.

The flu was a factor in 9,800 deaths in January and February, according to the analysis, using provisional data collected by states and compiled by the federal Centers for Disease Control and Prevention.

The highest death rates were in Oklahoma, Minnesota, Pennsylvania, South Dakota and Kentucky, all at about four deaths per 100,000 population so far this year. Some counties in Florida, New Jersey and Pennsylvania, as well as Oklahoma and Kentucky, were even higher — at about six deaths per 100,000.

The highest rates have been among older people. Statistics show the deaths hit white people and American Indians especially hard.

Tragedies are happening across the country to people of all ages and races, however. A 43-year-old Indiana father died after a brief bout of the flu, according to family members. After two 10-year-olds died in Prince George’s County, Maryland, area schools drew crowds to vaccine clinics.

Doug Sides, a pastor at Yulee Baptist Church in northern Florida, has held funerals for three congregation members who died from flu — all within one month, all of them over 70 years old. That compares with only one victim of COVID-19 from his congregation during the pandemic, he said.

“Flu death is a reality,” Sides told Stateline on a phone call from a Jacksonville hospital, where he was visiting another 84-year-old congregation member who was rescued from her home with severe pneumonia from an unknown cause.

“I encourage my church members to keep their hands clean, use hand sanitizer and to stay home if they’re feeling sick,” he said. He said he hasn’t personally gotten a flu vaccine recently because he gets conflicting advice about it — some doctors tell him to avoid them because he and some family members have cancer, while another “rides me all the time about getting a flu shot.”

“We’re all getting conflicting advice. We’re living in strange-o times,” he said. (The American Cancer Society says vaccination for people with cancer may or may not be recommended depending on individual circumstances.)

Many states are relaxing vaccine requirements as public skepticism rises. But many are taking action to warn residents and reassure them that vaccinations are safe and can help prevent deaths, despite misinformation to the contrary.

Burlington County, New Jersey, has had the highest flu-associated death rate of any county this year, according to the analysis, with 31 deaths among fewer than 500,000 people. The county held 30 free vaccine clinics from September to January, then extended them into February because of the severity of the flu season, said Dave Levinsky, a spokesperson for the county health department.

In Oklahoma, death rates are highest in the eastern part of the state where the Cherokee Nation is centered. A state publicity campaign stresses that flu shots are safe, effective and free at many community health centers. However, vaccination rates in the state are low compared with other states as of December, according to federal statistics: Only about 16% of Oklahoma residents had gotten flu vaccinations by then. Rates were even lower in Louisiana (just under 16%), Mississippi (12%) and Texas (10%).

States with the highest flu vaccination rates by December were Maine (37%), Connecticut and Vermont (33%), and Wisconsin and Minnesota (31%). But even those were down since 2022.

People have become less likely to get vaccinated in recent years, a phenomenon researchers call “vaccine hesitancy.”

A report published last year in the medical journal Cureus found three-quarters of patients in a rural New York state community refused flu vaccine with comments such as “I do not trust vaccines” or “I do not believe in vaccines.” The most common reasons cited were that earlier vaccinations made them feel sick, that they got the flu anyway, or that they thought they shouldn’t need a new shot every year. (Doctors recommend flu vaccinations annually and note that even vaccinated patients who get the flu usually face less severe forms.)

And in a paper published in February in the journal Vaccine, researchers found that people refuse flu vaccinations for many of the same reasons they refused COVID-19 shots: a feeling of “social vulnerability” that leads to distrust of government and medical guidance. One hopeful sign, the report noted, is that vaccine recommendations from trusted health care professionals can turn around such attitudes.

“Unfortunately, vaccine hesitancy is deeply entangled with misinformation, political rhetoric and public distrust,” said Khan, the Oregon pulmonologist and the study’s author. “Scientific data alone may not be enough to shift public perceptions, as many vaccine decisions are driven by gut feelings and external influences rather than evidence.”

©2025 States Newsroom. Visit at stateline.org. Distributed by Tribune Content Agency, LLC.

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