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February 24, 2017

Senators Send Letter To White House Counsel Regarding Carl Icahn Concerns

Kathleen M Roberts

On February 13, 2017, seven democratic Senators sent a letter to White House Counsel Don McGahn requesting details on Carl Icahn’s role in the Trump Administration and the extent of his influence over the Renewable Fuel Standard (RFS) program.  On December 21, 2016, it was announced that Mr. Icahn would serve the Trump Administration as a special advisor for overhauling federal regulations.  The Senators’ letter highlights concerns over Icahn’s public statements regarding RFS obligations and his role as chairman of the board and majority shareholder of Icahn Enterprises.  The Senators noted that, as of September 30, 2016, Icahn Enterprises owned an 82 percent stake in CVR Energy, which is an oil refiner required to meet the RFS obligations.  The letter requests that McGahn provide answers to a number of questions regarding Icahn, including whether:

He is a federal employee;
?   He has access to confidential information;
He provided financial disclosures to the Administration;
He is barred from providing advice on any regulations;
He provided advice to President Trump on any Senate-confirmed or schedule C appointees;
The Administration believes he is subject to any laws or regulations governing conflicts of interest;
He has recused himself from any decisions or discussions that may present a conflict of interest; and
He is required to divest from any of his holdings.