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months of dedicated advocacy and both public and private pressure from environmental groups which insisted an emergency declaration was necessary to meet the moment, it seemed like Biden was finally ready to respond. But the declaration didn’t come, and in the days since, PoliticoPro’s EnergyWire and GreenWire have given spotlights to legal experts opining on the legal and political merits of such a declaration. 

The president’s proposal to restart fossil fuel projects would abdicate his responsibility to ensure the laws are faithfully executed.

There are at least 366 presidentially appointed positions requiring Senate confirmation that are still awaiting a nominee or have nominees already going through the long, arduous, confirmation process. However, a process that has long been notorious for how time-consuming and antiquated it is, is intentionally being made even more difficult by nefarious Republican bad actors that are weaponizing Senate rules against supremely qualified nominees specifically to hinder the health of the federal government and to devastate President Biden’s agenda. 

The Revolving Door Project has warned continuously of the extraordinary consequences inherent to failing to staff the federal government. Now, more than a year and a half into Biden’s presidency, staffing failures across the government have borne many of the bitter fruits which we warned of, and continue to undermine the Biden administration’s agenda. 

During his campaign, now-President Biden loved likening his image to that of FDR. But when a rogue U.S. Supreme Court threatened to overturn the sweeping reforms of FDR’s New Deal, Roosevelt directly challenged their gross power grab by threatening court expansion coupled with expansive judicial reforms. The controversial move paid off; the Court subsequently backed down and FDR preserved the slate of New Deal–era reforms that kept the working class alive during the depths of the Great Depression and formed the basis for much more broadly shared prosperity in the subsequent decades.

In 2008, a deadly salmonella outbreak from contaminated peanut products killed nine and sickened over 700 people. In the aftermath, the peanut executives who poisoned people with food they knew was contaminated received decades-long prison sentences, an all-too-rare case of a corporate criminal being held responsible for the harm they caused. Contemporary public outrage also helped to fuel a push for more structural reform to the food safety regulatory system as a whole. Shortly after the outbreak, the Obama administration began whipping bipartisan congressional support for the Food Safety Modernization Act (FSMA), which sought to prevent future food safety crises by expanding and strengthening the Food and Drug Administration’s (FDA) authority over food. FSMA ultimately passed both the Senate and the House by wide margins and enjoyed broad public support when finally enacted in 2011. 

This month President Biden nominated five additional people to helm the 93 districts of the Office of the United States Attorney. These five nominees brought Biden’s total nominations for the office up to just 53 out of 92 nominees for the office, or a little more than half. The vast majority of these nominations have occurred in states with a Democratic Senatorial delegation with many of these seats held hostage by Republicans wielding a racist Senate tradition to arbitrarily obstruct the process and these crucial seats nationwide. Now, nearly a year and a half into Biden’s presidency, the fact that almost half of these positions are still left without a nominee is a glaring indictment of Biden’s failure to prioritize these critically important positions. 

The hearing was a golden opportunity for Congress to actually hold a corporation to account for its objectively horrendous and potentially illegal behavior. On an ostensibly bipartisan issue like the opioid epidemic, one could be forgiven for thinking that the hearing would do just that.

In March, six months after the start of Fiscal Year 2022, Congress finally passed an omnibus funding agreement that brought agencies out from under the shadow of Trump-era austerity (although still fell far short of enacting the funding levels that most agencies require to meet their responsibilities to the public). Critically, in the case of at least one agency, the omnibus did not just grant the money to hire new staff, but the means to do so much more quickly. At the Internal Revenue Service (IRS), Congress greenlit the use of direct hiring authorities to empower the agency to temporarily forgo some of the more onerous aspects of the federal hiring process as well as to facilitate a quick rebuilding of the IRS’ notoriously depleted ranks. With this designation, Congress acknowledged that staff shortages at the IRS had reached a state of emergency and thus acted accordingly. 

enforcing the U.S. tax code. Much has been written regarding the IRS’ gutting over the years. The agency has been systematically defunded, deresourced, and attacked by political operatives for decades, at a grave cost to the basic functionality of our government, and to the benefit of only the richest Americans. These trends were only exacerbated under the Trump administration, which was hyper-focused on dismantling the tax system to benefit its corporate and billionaire cronies. Unfortunately, the Trump administration’s destructive influence remains pervasive throughout the IRS, with Trump’s Commissioner, Charles Rettig, still installed as the governing head of the agency while finishing a 5-year term (at the pleasure of the president) set to expire in 2022.

As officers with extraordinary latitude and immense authority within their districts, U.S. Attorneys have the ability to implement ambitious reforms to the federal legal landscape in a direct and immediate fashion. U.S. Attorneys also have incredible freedom to reorient the undercurrent priorities of the federal legal system and to center historically under prosecuted, but systemic nonetheless, crimes such as corporate and white collar malfeasance. Because of the incredible potential of the position, it is critical that these offices are prioritized in Biden’s staffing of the federal bureaucracy. However, as we have examined previously, the Biden administration has proven remarkably slow in its nominations process for U.S. Attorneys positions, seemingly in part due to an unwillingness to decisively abandon deference to a racist Senate decorum procedure known as blue slips.

Biden is still married to reviving a long-lost vision of bipartisanship. Never mind that the same Republicans he’s desperate to welcome into the fold literally did not applaud the ideal of bipartisanship he is pushing.

The Office of Financial Research (OFR) was established by the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010. Charged with providing data, analysis, and research regarding systemic financial risks to the members of the Financial Stability Oversight Council (FSOC), OFR is an integral part of the federal infrastructure for safeguarding financial stability. OFR, while not itself a regulatory body, investigates systemic risks, standardizes the data used across government, and can offer financial regulators a more robust empirical base from which to devise regulations. OFR was designed to address the proven inability of financial regulators in the lead up to the Great Recession to understand dangers before threats turned into devastation.

President Biden campaigned on ambitious reforms to the criminal legal system. Among these promises were key proposals like expanding the use of the President’s clemency powers, reorienting federal prosecutorial priorities, and decentering carcerality in the Federal system. His administration has also promised the public a new focus on white collar and corporate crime as part of a fundamental shift towards systemic accountability instead of individual punishment. Yet, more than a year into Biden’s presidency, many of these promises remain unfulfilled. His Department of Justice (DOJ) – a key tool in the fight for meaningful legal reforms – remains pockmarked by Trump-era officials and lacks the permanent progressive leadership integral to successful reform efforts. U.S. Attorneys’ offices, in particular, remain limited by the standing lack of nominations, confirmations, and stable leadership that persists over a year after President Biden’s inauguration.