Insider trading requires not only material, non-public but also some kind of duty of confidentiality to the company you are trading.
Congress doesn't have that type of relationship, so they are not insiders. Their spouses aren't either.
There are some additional rules that apply to people who gain knowledge in an official capacity[1], but these were enacted fairly recently and haven't been effective at keeping Congress from trading using the non-public information that they receive.
I'm curious where you are reading about Paul Pelosi's stock picks. Regardless, so what? He has no business owning and/or trading shares of companies the person he shares a bed with has influence over.
I have no position on your 2nd sentence. I agree in philosophy but acknowledge the details are complicated.
Even if you take a pretty hard-line attitude about members of Congress being prohibited from doing things like trading their own portfolios, it's hard to make a cogent argument that Paul Pelosi, who is by all measures a private citizen, should be restricted from trading specific stocks.
No it's not. If you grant that Nancy Pelosi should be treated similarly to a corporate insider, then it is pretty obvious that her spouse should be treated like an insider's would be.
The honest way to see if politicians get an outsized return from this type of trading is to run a backtest, with appropriate hedges where you buy whenever anyone buys and sell whenever anyone sells and hold for a medium amount of time (3-6 weeks seems reasonable). unusualwhales know this so the fact that this sort of analysis is missing is telling. In particular, note how they provide stats for what the trading trends are, but not for the outsized performance.
The charts at the end of the article are a lot less impressive and they don't obviously look better than random.
Pelosi's husband has been very bullish for a long time on Tesla, Apple & tech in general I do believe.
Gottheimer did what I think is a Bull Call spread which means in February, after a crazy run up in market prices in January, he bet that MSFT would go up a little more but would eventually come back down or at least trade sideways & not go over $160 by 6/18. If he sold his ITM calls before March or in early March, he probably did good. If he held on to them until closer to the 19th, he might have got crushed. This doesn't say when he sold. A lot of people argued stocks were overbought after January. Also, if he owns a large share of MSFT it's common to sell calls when you want to keep your shares but think the price is at the top or there is a lot of volatility that will soon go away. It's a way to earn some income without selling.
- None of this is financial advice & I'm fairly ignorant on this topic.