What makes me ill is that the insider trading rule makes sense. It protects congress from lawsuits when their mutual fund or ETF owns Tesla and they benefit by enacting laws that benefit their constituents, but that have downsides for others.
The rule however assumes that congress conducts themselves ethically, and evidently that is clearly not the case.
My spouse was an elected official in California, and we had to fill out Form 700; diversified mutual funds didn't need to be disclosed as long as they met the definitions (at least 100 investors, at least 15 issuers, not a sector fund). Of course, Form 700 doesn't apply to federal officials elected to represent California; but a similar disclosure requirement / duty to avoid apparent conflict of interest would be nice at the federal level.
It should be pretty simple for most elected officials to dump their publicly traded stock and get into a diversified mutual fund before they start campaigning and while they hold office. For those who have concentrated holdings that are hard to dump, they could put it into a blind trust or whatever. Office holders really shouldn't be making a lot of trades; equity based compensation aside (either of their spouse or if they're a part time officer where those still exist, and have a part time job with equity based compensation)
There are ways to deal with that. For example, I’m not allowed to buy or sell my own company’s shares outside of specific trading windows, but index funds are fine as long as the company represents less than 10% of the fund.
There's a WORLD of a difference between a mutual fund or ETF that owns Tesla, and buying call options on the stock, that make money only if the stock moves in a definite time-frame. We have other examples too, for example Kelly Loeffler, whose husband is head honcho of the NYSE, sold a lot of stocks just before the Feb/March crash in 2020, based on insider information that she got from attending the Congress briefings that showed it was not just a flu.
The rule however assumes that congress conducts themselves ethically, and evidently that is clearly not the case.