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July 14, 2020
June 2020 Update on the State of Independent Federal Agencies
Over the past several years, President Trump’s assault on governing norms, from his refusal to reveal information about his finances to his glee in firing those who are not sufficiently loyal to him, has sparked public outcry. One set of norm violations, however, has received relatively little attention from the media or from Senate Democrats. Quietly, Trump and Mitch McConnell have undermined independent agencies’ functionality by slow-walking nominations. And, in particular, they have undermined the norm of statutorily-mandated political balance on many independent agency boards in a move that could keep regulatory power in Republican hands for years after Trump leaves office.
June 17, 2020
“Career” Trade Reps Solicit USMCA Consulting Gigs from Auto Industry
Jason Bernstein and Fred Fischer, both Deputy Assistant U.S. Trade Representatives, reached out to auto industry representatives offering to “assist companies directly with their USMCA implementation needs,” according to Bloomberg’s report. The report did not confirm whether Bernstein and Fischer asked for or received clearance to contact the auto companies, while ethics experts speculate that offering such services while still employed by the government might breach federal ethics requirements.
June 09, 2020
What The House Could Actually Accomplish To Support BLM Protesters: Oversight
House Democrats are not powerless in the face of Senate intransigence. Democrats therefore have a responsibility to use the powers they have, very much including stringent and overdue oversight.
June 04, 2020
A Brief Introduction to Your New Comptroller of the Currency
Last month, Comptroller of the Currency Joseph Otting, announced that he would be stepping down from his post effective May 29. The former First Deputy Comptroller of the Currency, Brian Brooks, has taken his place in an acting capacity. Although he is now one of the country’s top banking regulators, Brooks – who only joined the Office of the Comptroller of the Currency (OCC) – remains a relatively unknown figure. Here is what we know (and more troublingly, what we don’t know) about the new acting Comptroller.
June 04, 2020
Another BigLaw Alum Ascends at the FTC
In late May, the Federal Trade Commission promoted Patty McDermott to Deputy Assistant Director of the Anticompetitive Practices (ACP) division. The ACP division’s work “involves not only stopping illegal conduct but also shaping the law,” making McDermott’s new position one of interest to corporations overseen by the FTC, beyond run-of-the-mill enforcement.
June 02, 2020
May 2020 Update on the State of Independent Federal Agencies
Over the past several years, President Trump’s assault on governing norms, from his refusal to reveal information about his finances to his glee in firing those who are not sufficiently loyal to him, has sparked public outcry. One set of norm violations, however, has received relatively little attention from the media or from Senate Democrats. Quietly, Trump and Mitch McConnell have undermined independent agencies’ functionality by slow-walking nominations. And, in particular, they have undermined the norm of statutorily-mandated political balance on many independent agency boards in a move that could keep regulatory power in Republican hands for years after Trump leaves office.
May 28, 2020
The Top Revolving Door Jobs for Ex-FTC Lawyers and Economists
The Revolving Door Project’s investigation shows that corporate gigs continue to be the most popular positions for FTC lawyers to take after leaving their posts, and reveals the regularity with which economists and analysts revolve to economic consulting firms that serve corporate interests.
May 27, 2020
What Might a Biden Administration’s Policy Towards India Look Like?
Former Vice President and current Democratic presidential nominee Joe Biden has often boasted of his considerable foreign policy experience, having served on the Senate Foreign Relations Committee and played an active role in the Obama administration’s foreign policy making. Throughout the 2020 primary, however, Biden’s foreign policy agenda rarely featured. A closer look reveals significant cause for concern. While Biden seeks to show that his foreign policy platform would be more progressive than that of Trump’s, his record has weak spots when it comes to far-right Indian nationalism.
May 20, 2020
The Revolving Door Project Responds to Coronavirus
In the space of just a few weeks, the coronavirus outbreak has called into question almost every aspect of the political consensus of the last few decades. As it turns out, selling government for parts (aka “privatizing” or “reinventing” government), rolling back regulations, starving governing bodies of resources, and holding those who attempt to serve the public good in contempt, has left us exceedingly vulnerable.

May 14, 2020
Sonal Shah Is Everything Alexandria Ocasio-Cortez Is Not
Indeed, this person’s career represents a near total distillation of the elite neoliberal consensus that ”AOC” and other populists oppose.
May 14, 2020
Is A Campaign Fundraiser Overseeing Biden's Policy Shop?
If Niejelow is indeed taking a major position overseeing campaign policy, it raises significant questions about the line between Biden’s fundraising and policy teams, since Niejelow is a campaign bundler.
May 14, 2020
Bezos Conveniently Ignores Congress’s Call to the Hot Seat
In late April, Amazon caught heat from members of the House Judiciary Committee for seemingly lying about the company’s use of data on third party vendors selling in Amazon’s marketplace. Contradicting Amazon in-house counsel (and former DOJ Antitrust official) Nate Sutton’s sworn testimony on the subject in July of 2019, the Wall Street Journal broke the story on April 23rd that Amazon is using proprietary information generated for third-party sellers on the platform to develop its house-brand products.
May 12, 2020
A VP Harris Must Make Clear Commitments To Build Trust
Now, especially as Biden pivots to consolidating populist votes for the general election, Harris should consider distancing herself from those corporate forces through clear commitments to wielding executive authority against bad actors and for the common good. Here are a few suggestions.
May 11, 2020
Biden's No Trumpian Real Estate Tycoon, But Still Receives Heavy Real Estate Backing
With real estate tycoon Donald Trump in the White House, the average American is likely more aware than ever of the many ways the federal government helps to subsidize real estate profits. As the average person increasingly struggles to pay rising housing costs with stagnating wages, real estate giants make out like bandits with the help of tax loopholes and direct subsidies. Already a matter of pressing national concern, this stark disparity is only likely to become more salient in the coming months as the pandemic sheds light on the risks of our housing system’s precarity and undermines many people’s fragile grip on housing stability.
May 11, 2020
Diplomacy by Donors
On December 18, 2019, the United States House of Representatives impeached President Donald Trump for withholding military aid from Ukraine as a means to pressure Vladimir Zelensky to investigate Democratic presidential candidate, Joe Biden. One of the key figures in this scandal was Gordon Sondland, then ambassador to the European Union. Sondland had limited diplomatic experience before his appointment, but he had the privilege of donating $1 million to President Trump’s inaugural committee.