Hawley Proposal re: Congress Holding and/or Trading Marketable Securities

4Q Basket Case

FB|BB Moderator
Staff member
Nov 8, 2004
10,776
16,563
337
Tuscaloosa
I'm on record here several times saying that members of Congress and employees of a lot of other federal governmental agencies -- pretty much anybody in Congress or in a job that requires Congressional approval -- shouldn't be able to trade stocks, bonds, futures or other marketable securities (MS). That's because they cannot avoid possessing either company-specific or macroeconomic inside information.

Alabama's own Senator, Tommy Tuberville, has in his inimitable wisdom objected because, hey...we don't make much money in Congress. How else are we going to make real money?

Lots of others on both sides of the aisle aren't liking it too much, Nancy Pelosi recently stonewalling. But Tuberville and Pelosi are far, far from alone. Most are just better at keeping their mouths shut.

Well, Josh Hawley has proposed a law that would address the issue. While I agree with Hawley's intent 1,000%, I don't think he goes far enough as to who is covered (Congress, and any future VPs or Presidents), and actually think he goes too far in the limitation.

Hawley's proposal doesn't cover enough officeholders. In addition to members of Congress, the VP and the President, I think SCOTUS, the Cabinet, and high-level employees of governmental agencies (in particular, financial and market regulatory agencies) should be added. Pretty much anybody in a job that requires the approval of Congress.

Hawley's proposal goes too far in that covered officeholders and their spouses are not allowed to own MS at all. While it certainly precludes profiting from inside information, it also divorces them from having a stake in the economy they're ostensibly trying to promote.

I'd suggest two alternatives:
1. They put all their investments into a blind trust. So even they don't know what they're invested in, or
2. They put all their investments into a total US market fund.

Either way, their first personal economic priority becomes the overall economy of the USA.

Barring these folks from even owning MS is well-intended but counter-productive.

It puts up a barrier for people just trying to provide for their families. It also incents them to invest in "alternatives." Art, coins, wine, metals, VC and hedge funds, etc. IOW, gamble. The problem there is that those investments are highly volatile, have huge transaction costs, and can be hard to liquidate.

You risk making a public officeholder and/or voting lawmaker vulnerable to outsized losses, and/or unable to liquidate investments when they have a legitimate need for cash. And we don't want lawmakers or high-ranking agency employees in the position of truly needing money -- as opposed to just wanting it like everybody in the world. Truly needing money makes them susceptible to all sorts of bribes, influence peddling, and other unsavory conduct to get their hands on cash.

So I wholeheartedly agree with Hawley that members of Congress, the VP and the President shouldn't be allowed to profit from the inside information that their jobs unavoidably generate. I would add anyone in a job that requires Congressional approval. But banning their ownership of MS isn't the best way to do that. Other ways are just as effective and have less downside.

Actually, the solution is so simple that the cynic in me wonders whether Hawley is proposing something that he knows won't pass, but will make him look (to people who don't look under the hood -- IOW, about 95% of journalists and the voting public) like he tried to drain the swamp, but it was just too full of alligators.
 
Last edited:

CrimsonJazz

Hall of Fame
May 27, 2022
8,592
9,898
187
Actually, the solution is so simple that the cynic in me wonders whether Hawley is proposing something that he knows won't pass, but will make him look (to people who don't look under the hood -- IOW, about 95% of journalists and the voting public) like he tried to drain the swamp, but it was just too full of alligators.
I'm convinced this is what most legislation is really about.
 
  • Like
Reactions: crimsonaudio

JDCrimson

Hall of Fame
Feb 12, 2006
6,785
6,915
187
52
Permissible Index funds or ETFs are the answer imo. I also think Morningstar disclosing in real time the names of government officials invested in the ETFs or funds so that other people may pursue follow trades.
 
Last edited:
  • Like
Reactions: dtgreg

4Q Basket Case

FB|BB Moderator
Staff member
Nov 8, 2004
10,776
16,563
337
Tuscaloosa
Permissible Index funds or ETFs are the answer imo. I also think Morningstar disclosing in real time the names of government officials invested in the ETFs or funds so that other people pursue follow trades.
I can live with that. You're essentially treating them like Top 5 officers or Directors of public corporations. And you're expanding the definition of their "corporation" to include all marketable securities.

That would work.

Public reporting of both trading activity and point-in-time holdings is a great idea.
 

T Bone

1st Team
Just saw a post on our community fb page encouraging people to go to a town supervisors meeting about water issues, I posted I have no problem showing up and making my voice heard, but isnt the dirt bag that was elected ( he is a realtor and has somehow made LOTS of money since being elected) isn't he supposed to be my voice?..........it is a cesspool from the top to the bottom sorry for the local rant. rant over
 
  • Thank You
Reactions: 92tide

Crimson1967

Hall of Fame
Nov 22, 2011
19,648
11,251
187
It’s hilarious that you act like he’s the anomaly.

He might be the most prominent example, but there might be five elected people in DC that aren’t dirtbag grifters.
That’s being generous. It’s like in the Bible when God said he wouldn’t destroy Sodom
and Gomorrah if there were 50 righteous people. Abraham negotiated it down to ten but there weren’t even that many so down came the fire.
 
  • Like
Reactions: crimsonaudio

Its On A Slab

All-American
Apr 18, 2018
2,529
4,186
182
Pyongyang, Democratic Republic of Korea
Expecting anything but abject horse crap out of Josh Hawley is a mistake.

He likes to push stuff that make sense, make him look moderate, sensible. Then towing the MAGA line in the end.

Witness his fretting over cuts to MEDICAID. He voted for them anyway. But it made him "sound" good.

He will probably campaign on how he saved the program during his campaign. Just like my local congressman who did the same thing. Now, he's boasting about how he saved MEDICAID.
 
  • Thank You
Reactions: 92tide

TDBama78

All-American
Jul 11, 2007
4,752
1,636
187
Permissible Index funds or ETFs are the answer imo. I also think Morningstar disclosing in real time the names of government officials invested in the ETFs or funds so that other people may pursue follow trades.
As far as ETFs go there are ETFs for individual stocks some are leveraged ,both long and short, I'm invested in a leveraged ETF for Palantir, and doing quite nicely, in those cases I don't know you really stop anything. I think tubbs is up to his neck in the trading imo and is one reason why he is getting out and running for governor, it's getting out while the getting is good or wait around and find out.
 
  • Like
Reactions: JDCrimson
|

Latest threads

TideFans.shop - Get your Gear HERE!

Alabama Crimson Tide Car Door Light
Alabama Crimson Tide Car Door Light

Get this and many more items at our TideFans.shop!

Purchases may result in a commission being paid to TideFans.