Update on Obama Ethics Order

The White House blog has an entry from Norm Eisen, special counsel to the president for ethics and government reform on the President's ethics Executive Order. An excerpt:

Because the rules are so stringent, it is important to have reasonable exceptions in case of exigency or when the public interest so demands.  That is why the Order provides that a waiver of the restrictions may be granted when it is determined "(i) that the literal application of the restriction is inconsistent with the purposes of the restriction, or (ii) that it is in the public interest to grant the waiver."  Sec. 3(a).  The Order goes on to explain that the "public interest" may include, but is not limited to, exigent circumstances relating to national security or to the economy and that de minimis contact with an executive agency shall also be cause for a waiver.  Sec. 3(b).   As we discuss below, this provision was intended to be used sparingly, and has been so used.