Ethics in Government

Today the Supreme Court issued its long-awaited opinion in West Virginia v. EPA, curbing the EPA’s authority to establish carbon emissions caps under Section 111 of the Clean Air Act. It is a significant blow, and is further evidence of how far this empowered, extremist Supreme Court will go to erode the functions of our government and contravene the public interest. But it is not a lethal blow. Many tools to stave off the climate crisis and facilitate an equitable energy transition remain available to the EPA, to the White House, and to Congress. 

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.

A leading voice in this push is Sam Bankman-Fried, 30-year-old CEO of crypto trading exchange FTX. Christened by some as a crypto prince and others as Washington’s aspiring kingmaker, Bankman-Fried has in the past year developed an extensive crypto policy agenda that entails revolving-door hiring of former CFTC officials, formation of super PACs, and congressional campaign donations.

“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.”

Mitch Landrieu is overseeing the bipartisan infrastructure law. His record does not inspire confidence in how that might be handled.

The Revolving Door Project and 27 groups sent a letter to Associate Attorney General Vanita Gupta Friday, urging her to promptly issue a recusal waiver for Assistant Attorney General Jonathan Kanter to work on the Department’s case against Google. The groups, including the American Economic Liberties Project, Demand Progress, the Institute for Local Self-Reliance, emphasized that ethics law does not require Jonathan Kanter to recuse and that Google’s attempts to insist otherwise is an effort to “bully regulators into submission.” 

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.

Most of Barr’s holdings are in firms backed by Nyca Partners, a fintech-focused venture capital fund built by Wall Street and Silicon Valley veterans which Barr has advised for years. 

The hearing was a golden opportunity for Congress to actually hold a corporation to account for its objectively horrendous and potentially illegal behavior. On an ostensibly bipartisan issue like the opioid epidemic, one could be forgiven for thinking that the hearing would do just that.

The news today that Anita Dunn will return to the White House as a senior advisor makes clear that her involvement with this administration was never credibly temporary.