Federal corruption and conflict of interest laws do not apply to the president.
Posted by Deadline: White House, Checked
- Sources
- 2 contradict4 support
- Said
- 1 time·
- Confidence
- 60%
Deadline: White HouseOct 28, 2026
The sources strongly support that the federal conflict-of-interest statute (18 U.S.C. § 208) and its definitions exclude the President, so that part of the claim holds. The broader wording 'corruption ... laws do not apply' is contradicted by sources stating that bribery law (18 U.S.C. § 201) and the STOCK Act still apply to the President.
A guest makes this claim. Listeners heard it, so it counts against the post, and on the guest's own record.
What was said
… These business transactions that Donald Trump and his family members are prioritizing over and above our foreign policy interests, the interests of the American people financially, and in terms of our security, they're all incredibly corrupt. But at the end of the day, the corruption and conflict of interest laws that regulate many government officials do not apply to the president, and they don't apply to his family members if they do not have an official government position. So it's really exposing some gaps in the law. …
Deadline: White House · · from the transcriptPost →What we found
Contradicts. A former White House ethics czar states that the President is covered by federal criminal law, including the bribery statute 18 U.S.C. § 201, so part of the 'corruption' framing does apply to the President.[5]
Contradicts. Reporting states that the President is still subject to bribery laws and the STOCK Act, which prohibits insider trading, so not all corruption laws are inapplicable.[6]
Supports. Multiple primary sources state that the federal conflict-of-interest provision 18 U.S.C. § 208 does not apply to the President, because the § 202 definitions exempt the President and Vice President.[1][2][3][4]
Supports. The OGE director's remarks and the CRS memo state that most conflict-of-interest provisions in Chapter 11 of Title 18 do not apply to the President, Vice President, or Members of Congress.[3][4]
Context. The CRS memo notes that the DOJ has opined that sitting Presidents cannot be indicted for federal criminal violations, which concerns enforcement rather than applicability.[3]
Sources
6 sources: 1 fact-checker, 3 primary, 2 not rated
- 1Giuliani: President Trump will be exempt from conflict-of-interest lawspolitifact.com · fact-checker · cited for: supports
- 2A “Huge” Conflict of Interest? The Impact and Influence ...lawreview.law.miami.edu · primary source · cited for: supports
- 3Conflict of Interest and “Ethics” Provisions That Apply to the ...democrats-judiciary.house.gov · primary source · cited for: supports, context
- 4Remarks of Walter M. Shaub, Jr., Director, U.S. Office of ...oge.gov · primary source · cited for: supports
- 5Why Trump Is Wrong About His Conflicts of Interestdefenseone.com · not rated · cited for: contradicts
- 6For Trump Presidency, Old Ethics Laws Meet New Money- ...kpbs.org · not rated · cited for: contradicts
Where this claim was made
Said in 1 published post
Related claims
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