Department of Justice

Dear President Biden:

Since the horrific mass shooting in Uvalde, Texas, nationwide calls for stronger gun control have intensified. On May 30, you told reporters that popular legislative proposals like an assault weapons ban and stricter background checks are up to Congress, saying, “I can’t dictate this stuff.”

It started with Boulder in early February. Then came Baltimore and San Mateo in April. Now Honolulu and Maui are the latest municipalities to overcome a crucial legal hurdle in their fight to make fossil fuel companies pay for their role in climate change. After years of obstruction, it looks like state courts will hear arguments from these cities—as well as several states—that big energy companies knowingly concealed and misrepresented the harms of their products, contributing to climate damages these regions face. Five federal appeals courts have green-lit suing the fossil fuel giants in state court, where these state and local governments have a better chance of prevailing. The stakes are massive: requiring fossil fuel companies to foot the bill for climate change–related damages to U.S. cities and states could easily run into the tens of billions.

Rising gas prices may not be a problem of the Biden administration’s making, but they are a problem it cannot afford to ignore. People across the country are feeling their effects, with some groups like gig workers and those in the trucking industry – which has seen an increase in layoffs as gas prices have risen – suffering more acutely. In the face of these difficult conditions, it is essential that the Biden administration take decisive action to ease the pain people are feeling right now and, in the medium-term, address the structural factors that created this crisis.

The Revolving Door Project published a new white paper, “The Revolving Door In Federal Antitrust Enforcement,” which presents new evidence of the extent and impact of the revolving door at both the leadership and staff levels between the Department of Justice Antitrust Division and the Federal Trade Commission and corporate-aligned entities.

The attempt to force Assistant Attorney General Kanter’s recusal has nothing to do with ethics and everything to do with the profit margins of Silicon Valley titans.

“From Gerald Ford’s pardon of Richard Nixon, to George H.W. Bush’s pardons of the Iran-Contra scandal’s architects, to Eric Holder and Lanny Breuer’s acquiescence to the financial fraudsters who generated the Great Recession, America has seen a precipitous decline in equality under the law.”

Well over a year after President Biden’s inauguration, his administration continues to defend and advance Trump-era legal positions, according to an updated analysis released by the Revolving Door Project today. RDP’s long-running litigation tracker, documenting court cases in which the Biden administration has inherited and chosen to advance Trump-era legal positions, has been brought up-to-date to include new instances where the legal advocacy of Merrick Garland’s Justice Department on environmental, immigration, education, and other issues runs counter to the administration’s commitments.

The federal government may no longer be operating under the onus of Trump-era austerity, but agencies across the federal government are still far from having the resources they need to quickly and effectively fulfill their responsibilities to the American people. For the most part, President Biden’s proposed FY 2023 budget fails to fill that gap. However, increased funding for antitrust regulation is one of the bright spots in an otherwise uninspired budget. As we have covered in the past, both the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division (ATR) saw staffing levels stagnate and budget allocations that did not keep pace with inflation or GDP growth. 

The Biden administration pursued at least 24 prosecutions and rulemakings to crack down on white-collar crime this winter, but took no action against at least 48 crimes or abuses, a new data set from the Revolving Door Project shows