2020 Election/Transition

Tracing Clark’s lingering impact on ongoing litigation makes clear that the legacy of Trump’s Justice Department still haunts our governance and that failing to treat his cronies like the menace they are is worsening outcomes across the country. In some cases, Attorney General Merrick Garland is still carrying forward with the arguments Clark helped shape. In others, the Justice Department and its client agencies are at a critical juncture of having to decide whether to break from past positions or maintain continuity with positions they adopted during the Trump administration.

The year is 2023, the concentration of carbon dioxide in the atmosphere is 50 percent higher than it was before the Industrial Revolution, and the so-called “climate president” has decided to go ahead with industrializing the Arctic wilderness, a region already warming four times faster than the rest of the world. 

The Justice Department was deliberately weaponized under Trump to advance and defend his corrupt agenda. How successfully has Biden’s Justice Department, led by Attorney General Merrick Garland, replaced Trump appointees and policies, and charted a new course towards a more just interpretation and application of the law? Below, we’ve compiled a non-comprehensive reading list of some of our work from the past year plus on the Justice Department, and its all-important, uneven progress out of Trump’s long shadow.

The hyper-politicization of the Senate’s confirmation process, and the manipulation of the procedures by which it is governed, has led us to a dire moment in which Republican Senators have effectively given themselves the power to deny President Biden and the public a fully-staffed federal government. This iniquitous procedural politicking has stalled crucial agencies while denying Democrats rightful majorities at several independent agencies and the long-sought regulatory policies those majorities would bring. 

“They keep thinking like lawyers without applying commonsense notions of right and wrong or trust and accountability,” POGO’s Walter Shaub commented Friday. “This administration is strong on the law and weak on commitment to the underlying aims of an ethics program.”

Punch for punch, the debasement of Attorney General Merrick Garland is without historical correlate. The self-defeating adherence to ideological centrism (often indistinguishable from passivity in the face of elite resistance), paired with his masochistic devotion to the status quo, represents the kind of Blue Dog/New Dem totem that could have only emerged from a lab. Corporatist Democrats believed during the Obama years, as they do now, that through the ritual sacrifice of their Democratic ideals, they could resurrect the corpse of a forgotten age when left and right joined hands to strangle the everyday citizen. That union never happened after the GOP realized they could simply steamroll Democrats like Garland who refuse to open their eyes to the Conservative onslaught, even when it was punching them in the face.

Measured in positions still awaiting permanent appointments, the first presidential transition is still far from over. Of the 799 positions that the Partnership for Public Service included in its political appointee tracker, 117 still lack a nominee. An additional 161 are empty or being filled in an acting capacity as the nominees for them work their way through an ever more dysfunctional Senate confirmation process.