By
Donald K. Sherman
What do gas station drugs, conflicts of interest and the Trump administration have in common? Homeland Security Secretary Markwayne Mullin.
A New York Times report earlier this week revealed the significant role Mullin has played in an influence campaign advocating for kratom, a supplement commonly sold at gas stations that allegedly relieves pain or boosts energy, but is linked to risk of liver toxicity, seizures and substance use disorder. Kratom has also been found in the system of thousands of people who died of drug overdoses.
As a senator from Oklahoma, Mullin endorsed proposed federal restrictions on kratom’s more potent competitors. He also reportedly urged officials in the Department of Health and Human Services to remove language from the Food and Drug Administration website about the possible dangers of using kratom, both as a senator and as DHS secretary. It is unclear why the homeland security secretary would be involved in such decisions. (Mullin hasn’t commented on the Times’ reporting, but DHS said in a statement that the secretary “follows all ethics and conflict of interest standards and has not lobbied for any individual or company.”)
Mullin has apparently gone out of his way to advocate for a supplement that is not regulated by the FDA and whose effects on the body are not well understood.
What we just learned from Mullin’s financial disclosure paperwork is that the secretary owns an investment worth as much as $1 million in a kratom company, Botanic Tonics. It’s not clear when he acquired this stake, but he has not filed paperwork to say he divested from it. Mullin has said in March that he would divest from dozens of potentially conflicting investments should he be confirmed as DHS secretary. Botanic Tonics does not appear to have been part of that list at the time, but given Mullin’s reported advocacy for kratom as part of the Trump administration, he should certainly divest now.
This looks like a textbook conflict of interest, where it is impossible to know if Mullin is advocating for policies that are best for the public or if he is prioritizing his own bottom line at the expense of public health and safety.
Mullin’s history doesn’t inspire a ton of confidence. He did not come to DHS with an ethically clean slate, having violated the STOCK Act by failing to properly report years of stock and bond trades. Some of his activity involved stock trading closely tied to industries he regulated and may have had sensitive knowledge of. Even if Mullin has a third party managing his portfolio, as he claims, as an officeholder, he is legally responsible for avoiding and remediating his own conflicts of interest.
The public should never have to question whether government officials are using their power for their own benefit, but Mullin’s conduct is particularly galling because President Donald Trump fired his predecessor at DHS, Kristi Noem, after she faced serious ethics issues that often distracted from her critical government role. These included her apparent failure to report outside income from a dark money group earned while serving as governor of South Dakota, and a subcontractor tied to Noem secretly receiving a DHS ad contract, outside of the normal competitive bidding process. (Noem’s lawyer told ProPublica, “Then-Governor Noem fully complied with the letter and the spirit of the law; and Noem said she followed proper procedures with regards to the DHS ad contract.”)
While this seemed like a rare moment of accountability and possibly correcting course, appointing and confirming Mullin appears to have been more of the same.
The public should never have to question whether government officials are using their power for their own benefit.
And then, there’s the kratom itself. Mullin has apparently gone out of his way to advocate for a supplement that is not regulated by the FDA and whose effects on the body are not well understood. As part of this effort, he has reportedly tried to downplay health concerns about kratom. The supplement’s health risks can include addiction and withdrawal, liver damage, anxiety, hallucinations and psychosis. (Botanic Tonics, the company Mullin invested in, insists its products are safe and says it “has consistently advocated for regulations that distinguish between authentic kratom leaf products and synthetic derivatives.”)
All of these facts together raise another important question: How can someone who did not proactively divest from an obvious and dangerous conflict of interest, and who could not effectively manage a third-party adviser overseeing his investments to ensure compliance with the STOCK Act, ethically lead a massive agency consisting of more than 260,000 people covering everything from aviation, election and border security, to emergency response?
It’s up to Mullin to start building trust with the public by divesting his interests in kratom, and if he does not, Congress must intervene.
Donald K. Sherman
Donald K. Sherman is executive director and chief counsel of Citizens for Responsibility and Ethics in Washington. Before joining CREW, he was an oversight and ethics lawyer in the House, the Senate and the Obama administration. He also was chief oversight counsel to the late Rep. Elijah E. Cummings on the House Oversight Committee.
