Markwayne Mullin’s investments in the kratom industry look like a clear conflict of interest

What do gas station drugs, conflicts of interest and the Trump administration have in common? Homeland Security Secretary Markwayne Mullin.

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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.”)

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.