Analyzing Allegations of Insider Trading Against Trump
It has been a tumultuous period in the stock market following President Donald Trump’s announcement on April 2 of a 10% baseline tariff on all imported goods and additional import taxes on 60 countries. Subsequently, Trump decided to halt most of these tariffs for three months while maintaining the 10% baseline and increasing the tax on imports from China. The news of this “90-day pause” led to a significant upsurge in the stock market, with the S&P 500 soaring more than 9% on Wednesday, only to experience extreme volatility thereafter as the Dow plummeted by 1,900 points and the S&P 500 dropped by 5%.
Before unveiling the pause, Trump, as stock markets were wavering due to escalating trade tensions, took to his social media platform, Truth Social, to address potential investors. His posts on the platform, emphasizing it was a “GREAT TIME TO BUY!!!” and assuring that “BE COOL!,” saw a surge in stocks for his company, Trump Media and Technology Group Corp. The stock prices rose by nearly 22% after the tariff announcement. Lawmakers like Senator Adam Schiff pointed out the optics of these social media messages, hinting at potential insider trading or stock market manipulation.
The accusations of insider trading stem from concerns about whether Trump’s posts provided insider information to influence market actions unnaturally.
Insider trading is considered to have occurred when someone trades securities based on nonpublic information about them, breaching a fiduciary duty or a relationship of trust and confidence. The suspicions raised by Schiff and others in Congress question the timing of Trump’s social media posts and his subsequent tariff decisions, urging for transparency on who was privy to this information before the official announcements. Concerns over market manipulation and ethics have led lawmakers to call for investigations and disclosures to ensure fair play in the financial markets.
Lawmakers have also called for scrutiny of Elon Musk’s Tesla stock, which surged 18% after the tariff pause announcement, despite Musk’s prior opposition to the tariffs. Questions about possible stock manipulation and insider trading have gained traction in political circles, prompting demands for accountability and investigations into these matters. Professors of law like Karen Woody and Adam Pritchard weigh in on the legality of these actions, highlighting the need for thorough investigations by the SEC to determine if any wrongdoing occurred.
While the accusations of insider trading and stock market manipulation loom large, the response from experts in the legal field varies regarding the legality and implications of Trump’s social media posts. The debate over whether Trump’s actions constituted insider trading or market manipulation remains unresolved, with conflicting opinions on whether existing laws were violated. The need for transparency, accountability, and ethical conduct in financial markets underscores the importance of investigating and addressing these concerns to uphold the integrity and fairness of the stock market.