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January 05, 2022
Donald Trump and his Department of Justice consistently made a mockery of the law throughout his four years in power. And while their laughable reasoning and indefensible positions were struck down at a historic rate, many cases were still waiting for Biden. The new administration tossed out a handful immediately but an alarming number remain, either in some form of pause or advancing forward with the Biden administration adopting Trump’s position.
December 14, 2021
Being correct, it turns out, isn’t enough. A dry blog post full of economic statistics and analysis simply isn’t how best to message the President’s position to the public.
December 13, 2021 | The American Prospect
We are rapidly approaching the one-year anniversary of January 6, and Attorney General Merrick Garland has yet to give any sign that his Justice Department is independently investigating former President Trump and his fellow instigators. This is, by far, Garland’s most high-profile failure when it comes to accountability for the prior administration, one that more observers have begun to notice. But it is not the only one.
December 08, 2021 | Talking Points Memo
Progressives, prison workers and prisoners are in agreement: the Director of the Federal Bureau of Prisons, Michael Carvajal, should be fired. The Bureau of Prisons is in a crisis several layers deep, and new leadership will be key to its reformation.
December 07, 2021
Today, the Revolving Door Project issued Freedom of Information Act (FOIA) requests for records reflecting any ethics advice given to any Senate-confirmed Department of Justice (DOJ) officials. The Project also requested any ethics advice given to Chief of Staff to the Deputy Attorney General Anita Singh, whose husband is a member of Google’s antitrust defense team at law firm Vinson & Elkins. The Project is interested in which potential conflicts of interest do or don’t trigger ethics concerns within the Department, particularly as Big Tech companies engage in a cynical and specious campaign to use ethics rules to tie the hands of antitrust enforcers.
November 22, 2021
70 percent of Republicans, 70 percent of Independents, and 70 percent of Democrats surveyed believe the Biden administration should do more to hold lawbreaking corporations accountable.
November 18, 2021 | The American Prospect
The Biden administration inherited a morass of understaffed and undermined federal agencies, weakened by the Trump administration. It makes sense that building back the government’s capacity would be an uphill battle for the Biden administration, with so many years of policymaking undermined by his predecessor. What doesn’t make sense is the jarring number of cases in which the administration is going out of its way, at considerable cost, to uphold Trump-era policies that go against Biden’s stated agenda and the public interest.
November 17, 2021
Congressional selfies and self-congratulations inaugurated the week, but a lot of hard work remains to translate the Infrastructure Investment and Jobs Act’s (IIJA) policies into real-life results. Given that those policies are (generously) middling and that the most promising ones are underfunded, turning these into winning programs will demand energy, creativity, competence, and a strong commitment to the public interest.
October 20, 2021 | The American Prospect
It was never a secret that Attorney General Merrick Garland was among the key Biden administration figures opposing Jonathan Kanter’s nomination as assistant attorney general for antitrust. Ultimately, however, Garland did not get his way; the appointment went to Kanter rather than to one of the many Big Tech–allied BigLaw partners whom Garland favored. In view of Kanter’s career as a plaintiff’s lawyer, his nomination was rightly celebrated as a decisive victory by antitrust reformers and BigLaw opponents alike. But it was just one battle in a broader war for renewed anti-monopoly enforcement and a DOJ eager to build back better in every policy area.
October 08, 2021
President Biden has failed to live up to his promise to progressives to be a climate president. U.S. emissions continue to rise. Last week, 23 unique plant and animal species were declared extinct. A catastrophic pipeline oil spill in California is actively killing fish, birds, and wetland ecosystems. And in violation of treaty rights that are constitutionally the supreme law of the land, Biden allowed Enbridge’s Line 3 tar sands pipeline to become operational on October 1, which will add emissions equivalent to 50 new coal-fired power plants and will inevitably spill. Biden is standing in support while water protectors are violently arrested and the Anishinaabe peoples living in the path of the project are terrorized and abused.
October 06, 2021
Alumni of Gibson Dunn, the law firm that helped Chevron go after Steven Donziger, have influential executive branch jobs under Biden.
September 30, 2021
We write to you as a broad coalition of organizations committed to holding corporations that engage in anti-competitive behavior accountable. For far too long, Washington has sat by as technology industry giants have accumulated monopoly power at the expense of consumers and competitors alike. The nomination of Jonathan Kanter to serve as Assistant Attorney General for the Department of Justice Antitrust Division is a strong step toward turning President Joe Biden’s vision of an open economy into reality.
September 01, 2021 | The New Republic
In a move cheered by progressives and antitrust reformers, President Biden has nominated Jonathan Kanter to serve as assistant attorney general for antitrust. Kanter’s nomination, alongside that of Lina Khan to lead the Federal Trade Commission earlier this year, is the latest sign that this administration is, for the first time in generations, fiercely committed to enforcing antitrust laws. However, this generation’s most notorious monopolies—Amazon, Facebook, and Google—are making it vividly clear that they will try anything to retain their power. That apparently includes lobbing poorly reasoned, transparently bad faith calls for their newly anointed foes to recuse themselves from relevant cases.
August 30, 2021
In the past week, the Supreme Court decided to embrace its most evil tendencies, first by stating that Biden could not end Trump’s horrendous “Remain in Mexico” policy, then by clearing the way for millions to be evicted. It issued both these consequential rulings on the “shadow docket,” without even granting a fair hearing. The cruelty is breathtaking but hardly surprising. Ultimately, it underscores what we’ve always known: Biden’s agenda will face an uphill battle in the courts.