Ethics in Government

Denise Keehner is expected to start on Monday as the Environmental Protection Agency’s new director of the Office of Pollution Prevention and Toxics (OPPT), Bloomberg Law reported last week. Keehner is a former EPA official currently employed by Maryland’s Department of the Environment.

After a stream of stories throughout the pandemic revealed seemingly rampant congressional insider trading, laughable disclosure practices, and nonexistent enforcement, Congress appears finally to be feeling the pressure to clean up its act. In recent weeks, lawmakers have introduced a flurry of new bills to limit conflicts of interest and help restore public trust in our governing institutions.

As they begin to forge a piece of consensus legislation, they should consider that members of Congress were not the only political leaders to violate public trust throughout the pandemic period. The trading scandals within the Federal Reserve system, for example, revealed material ethical deficiencies that have yet to be satisfactorily addressed. It’s important to recognize that these deficiencies are not unique to the Federal Reserve and that they represent an ongoing threat to public trust in other powerful corners of the executive branch as well. To rebuild that trust in government, lawmakers must learn the lessons of the Federal Reserve scandals and develop fixes for these deficiencies there and elsewhere.

Over the span of two decades, the health care companies that Zients controlled, invested in, and helped oversee were forced to pay tens of millions of dollars to settle allegations of Medicare and Medicaid fraud. They have also been accused of surprise-billing practices and even medical malpractice.

We are a diverse coalition of advocacy organizations with a strong interest in the fair and neutral application of the law by courts. We write to express our concern about the growing problem of bias and conflicts of interest that arise from Big Tech funding the careers of the legal experts that judges draw on to understand the law and support their decisions. We ask that the Center for Judicial Ethics assist judges to avoid citing to experts and academics with obvious conflicts of interest as they adjudicate the many cases regarding the Big Tech platforms. We further ask that you encourage judges to require comprehensive disclosure by experts hired by Big Tech platforms.

The celebration of Sunshine Week earlier this month underscored the importance of the continued effort to ensure effective administration of the Freedom of Information Act (FOIA) and its central role for open democracy. Passed by Congress in 1966, FOIA allows citizens to request unpublished records and information from the federal government. Watchdog organizations have long relied on records obtained from FOIA requests to hold the government accountable to public interests. But, the system comes with a plethora of flaws that prevents adequate timeliness and transparency. Endless backlogs, increased usage of exemptions, partially redacted documents, and outright denials leave much to be desired in the administration of FOIA today.

Joe Biden pledged that as president he would hold polluters accountable. But in 2021, the number of criminal cases against polluters referred to the Justice Department dropped even lower than the year before. At best, DOJ officials have set their sights on bringing environmental crime enforcement back up to Obama-era levels—but not exceeding them. That’s a decidedly muted goal; environmental crimes enforcement was higher under George W. Bush than Obama, and has always been underfunded.

Biden is still married to reviving a long-lost vision of bipartisanship. Never mind that the same Republicans he’s desperate to welcome into the fold literally did not applaud the ideal of bipartisanship he is pushing.

I was curious if Bloomberg’s billions of dollars in investments might shed any light on his sudden interest in the Pentagon, so I looked up his financial disclosures from the 2020 Democratic primary. It turns out, they don’t exist.

Dear Secretary Cardona:

We are writing today to thank the Department of Education for committing to reform its practices on opposing and appealing student loan discharges in bankruptcy court. Our organizations call on the Department to immediately withdraw oppositions to individuals seeking undue hardship discharges in bankruptcy proceedings while these reforms are being implemented.

A coalition of 17 advocacy organizations called on Education Secretary Miguel Cardona to immediately withdraw his department’s opposition to student borrowers seeking to discharge their debt in bankruptcy court while the Department reviews its bankruptcy policies in a letter on Thursday. The letter can be read here. 

We write to express our concern about your refusal to release your calendars and its implications for public trust in your department and this administration. As a public servant, the American people have a right to know who you meet with, when you meet with them, and what you discuss. In the absence of proactive disclosure, and with other routes to obtaining this information subject to extensive delays, the public is being left in the dark about who may be influencing the country’s trade and economic policy, and how. This is all the more alarming in light of your recent comments that favored Big Tech and contradicted Biden administration policy. We ask that you immediately address this grave threat to public trust by releasing your calendars, retroactively and at regular intervals moving forward. 

One former employee of the Office of Legal Counsel, upon quitting her job during the Trump presidency, described the OLC’s work to The Washington Post succinctly: “using the law to legitimize lies.” Three years later, and a year after Trump left office, most of those legitimized lies remain intact.

Since the Copyright Office provides expert recommendations and advice to Congress, the executive branch, and the courts, Disney’s recent employees may soon be advising government officials about copyright policy.