Congressional Oversight

On Friday night, Supreme Court Justice Ruth Bader Ginsburg’s death shocked an already reeling country. What came next, however, was sadly unsurprising. Mere hours after Ginsburg’s passing, McConnell had already affirmed that he would hold a vote for Trump’s nominee to fill the vacancy, contravening the ersatz standard he set out in 2016. Or, as Senator Chris Murphy put it, “Nobody’s word means anything in this place anymore. All that matters is raw power.” It’s a bit of a belated realization: Republicans are unafraid to use their power to achieve their desired ends. Will Democrats respond in kind?

The anxiety over changes and irregularities with the United States Postal Service (USPS) in August finally spilled over. A functioning postal service undergirds many of our society’s most basic functions, so there was no shortage of reasons to be alarmed. However, one concern—the threat to November’s election—overwhelmingly rose to the top. And the public outcry over that threat pushed a normally lethargic House majority into action, winning some mild but incomplete reversals from USPS.

The crisis at the Postal Service has been building and accelerating for months with virtually no official response. Over the past two weeks, however, it reached a crescendo that even the country’s remarkably confrontation-averse opposition party could not ignore. In a matter of days, overwhelming grassroots pressure pushed House Democrats from seemingly having no plan to executing a rapid return to Washington, D.C., getting a hearing with the postmaster general on the calendar for next week and winning a promise from Louis DeJoy to cease operational changes until after the election.

In 2018, Democrats ran and won on a platform to hold President Trump and his cronies accountable. Many observers expected to be treated to a full schedule of oversight programming in the succeeding Congress, with a nearly endless stream of smug incompetents being caught in their lies and obfuscations. Some even dared to hope that the oversight fervor might spill over to another breed of smug incompetents: corporate CEOs. But, alas, the promised enthusiasm for oversight never seemed to materialize, let alone spread to new targets. (As usual, House Financial Services Committee chairwoman Maxine Waters, who confronted big bank CEOs within months of assuming control of her committee, stands out as a rare exception).

We urge the Antitrust Subcommittee to aggressively question each CEO about their hiring practices, and pass sweeping ethics reforms to close this revolving door once and for all.

During the 2018 midterms, Democrats promised to act as a much-needed check on a lawless president. Over a year and a half later, however, it is evident they have failed. From the moment House Democrats took control, Revolving Door Project (RDP) has been watching to see that they uphold their promises ready to elevate examples of good oversight and highlight areas where they were falling short. Unfortunately, there have been very few opportunities to do the former and an abundance of examples of the latter.

For each member of Trump’s Cabinet, the Cabinet Oversight Tracker records the date on which they last testified before their House committee of jurisdiction, the total number of times they’ve testified before that committee since January 2019 and the number of days they have gone without testifying.

Last fall, Democrats ran and won on an anti-corruption platform. The Revolving Door Project (RDP) is committed to ensuring that members of the new majority fulfill their promises to bring accountability to Trump, his powerful allies, and corporate bad actors. Oversight is an incredibly powerful tool that can shine a light on overlooked issues, unearth answers about clandestine misbehavior, and generate consensus around reforms.

As we wrote at the American Prospect in January, Neal should have requested Trump’s tax returns right away and after that easy part of the committee’s job was over, proceeded to more complex oversight. (alas, Neal has not yet taken our advice)

Don’t let the headlines fool you. The Supreme Court’s decision last Thursday in Trump v. Mazars doesn’t deserve much celebration. Although the Court upheld Congress’s right to investigate the president as a general matter, it placed new restrictions on that power and punted on the specific question at hand: Can Congress get immediate access to President Trump’s financial records through his accounting firm? With the case potentially headed for many more months of litigation, there is a significant chance the president’s records will not be made public before the election this fall.

In a pair of decisions released this morning, the Supreme Court rejected President Trump’s claims of “absolute” immunity from criminal investigation or congressional scrutiny. The victory, however, is incomplete and underscores that Ways and Means Chairman Richard Neal’s delays in requesting Trump’s tax returns likely cost the American people dearly in terms of presidential transparency.

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.

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.

Life under COVID-19 is awash in tragedy and frustration. People are stuck in their homes. Millions have lost their jobs. Front-line healthcare providers don’t have the personal protective gear and other equipment they need. What makes it all even worse is the sense that so much of this was avoidable.

Many Americans might not have heard of the U.S. Small Business Administration (SBA) before COVID-19. In fact, the small executive agency has been involved in the federal government’s response to some of the largest economic crises and natural disasters over the past two decades. This time around, the SBA has been thrust front and center as it attempts to administer one of the largest loan programs in our nation’s history. But if our Congressional leaders had spent time understanding the SBA’s limitations, perhaps they would have paused before giving the agency free rein to hand out billions of taxpayer dollars.