Robert Walker Comments on Recusal Issue Involving Labor Secretary Nominee

July 26, 2019

Robert L. Walker, of counsel in Wiley Rein’s Election Law & Government Ethics Practice, was quoted by Bloomberg Big Law Business in a July 26 article about the possibility that U.S. Labor Secretary nominee Eugene Scalia, if confirmed to the position, would need to recuse himself from ongoing OSHA-related lawsuits in which he – or members of his law firm – represented clients.

Mr. Walker, a former Chief Counsel and Staff Director of the U.S. Senate and House ethics committees, said Mr. Scalia may be required to recuse himself under an Executive Order that President Trump issued in 2017.

Under the Executive Order, any presidential appointee previously employed by a law firm or consulting firm must recuse themselves for two years from participating in any matters in which they, or their former firm, represented a party.

“This is going to be the big one,” Mr. Walker said of the Executive Order.

He added that the details of Mr. Scalia’s recusal agreement would be written in consultation with the U.S. Office of Government Ethics and the U.S. Department of Labor’s Office of Legal Counsel.

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