Department of Justice

The prolonged confirmation fights for top Biden nominees proved one thing: Republicans will gleefully and cynically exploit anti-corruption critiques of Biden’s Cabinet for their own political purposes. The President must deny them this potent political weapon by closing corporate America’s revolving door for good.

Another day, another former antitrust enforcer defecting for the corporate world. In the months since President Joe Biden promised to pursue more aggressive antitrust enforcement, former antitrust officials have become an even hotter commodity in the private sector. Douglas Rathbun is the latest official to jump ship from the increasingly central world of antitrust enforcement to the more lucrative world of defending the status quo. Rathbun is a former counsel for the Antitrust Division’s Office of Legal Policy and has advised the Division on administrative and regulatory matters as well as guided nominees to senior leadership positions. According to his LinkedIn, Rathbun elected to cut out the BigLaw middleman and join a corporation directly: this month he joined Facebook to work on public policy.

You were elected on what the Marshall Project termed, “the most progressive criminal justice platform of any major party candidate in generations.” Already, in your first month in office, you have repeatedly demonstrated your eagerness to follow through on key promises. Now, you have an opportunity to make additional planks of that platform a reality through your choice of United States Attorneys. Specifically, to create a more just, humane, and compassionate criminal justice system, you must elevate committed reformers to these powerful roles, not the same tough-on-crime prosecutors and corporate law attorneys who helped to construct our current broken order.

Long before Trump and his cronies took a sledgehammer to the Justice Department, blatant conflicts of interest and endless trips through the revolving door were already eroding its foundation and threatening its structural integrity. Yet, despite an appeal from 37 progressive and good government groups, including ours, Garland has signaled that he will not target that longer-running source of distrust at the root by shutting out BigLaw attorneys from the Justice Department.

If confirmed as Deputy Attorney General, Lisa Monaco will be the second most powerful legal officer in the executive branch. But her financial disclosures raise profound concerns about who Monaco will truly be serving while in office.

De-Trumpifying all levels of the Department of Justice (DOJ) remains a critical factor in Joe Biden’s success. He needs an energized and progressive pool of U.S. attorneys committed to criminal justice reform, prosecuting white-collar crime, and protecting the environment to do that.

At his confirmation hearings this week, Merrick Garland made admirable commitments to reinvigorate a beleaguered Justice Department and redirect its energies towards domestic terrorism, civil rights, and antitrust enforcement. His ability to deliver on those promises and more will depend on his resolve to break with tired norms where necessary and populate the Department’s highest ranks with unabashed champions for the public interest, not corporate apologists.

Jamie Gorelick, a high-powered lawyer who defended the city of Chicago after the police murder of Laquan McDonald and sits on the board of Amazon, is a case study of the influence big corporate law firms wield behind the scenes in Washington — and she has friends like Merrick Garland in high places in the Biden administration. The Revolving Door Project’s Elias Alsbergas and Max Moran spoke with Jacobin’s Alex N. Press about what Gorelick’s ties to Garland could mean for the Biden Administration’s Justice Department.

A coalition of 37 racial, worker, environmental, and social justice organizations demanded that President Biden’s attorney general nominee Merrick Garland keep BigLaw attorneys out of the leadership of his Department of Justice, especially those who generally represent large corporations or alleged white-collar criminals.

Little attention is paid to acting officials, who hold jobs temporarily while permanent appointees go through lengthy confirmation processes. President Biden should choose personnel for these acting positions wisely.

Last week the Biden administration appointed career civil servant Richard Powers as Acting Assistant Attorney General for the Department of Justice Antitrust Division (ATR). With the question of who will become Assistant Attorney General still up in the air and their confirmation likely several months away, the direction of the ATR’s enforcement is left in the hands of three top officials.

In the Reconstruction era following the Civil War, the Department of Justice was created in part to deliver and oversee equal rights to formerly enslaved Black men and women. This corrective institution was a major step toward building a federal government that protects the civil rights of all its citizens. In the wrong hands, however, the department can be weaponized. Whether through inaction or outright hostility on issues ranging from white-collar crime to mass incarceration, the values animating the nation’s top law enforcement agency matter.

As grinding as the cabinet fights have been, they’re only the first wave of the Biden administration’s personnel. Now comes a new stage of the transition, in which the newly-named secretaries choose their own undersecretaries and senior advisers. Although occupants of these positions typically operate outside the national spotlight, they still wield enormous power.

The vast majority of Americans believe that the monopoly power of tech companies is a major problem for the economy and a corrupting political influence. Biden should heed these concerns and avoiding appointing Big Tech insiders and allies of monopolies to head crucial antitrust regulatory posts at the Department of Justice.