Ethics in Government

We have no shortage of information about how historically bad an Attorney General William Barr was.  His tenure was marked by attacks on LGBTQ rights, immigrants, and peaceful protestors. His overt politicization of the investigations into Russian interference in the election, the Mueller report, and Roger Stone’s sentencing are well-documented, and in a continuing headache for the Biden Administration’s DOJ, Barr’s Justice Department’s intervened to protect Trump against E. Jean Carroll’s defamation lawsuit against him just two months before the election. And yet, as we saw this week following revelations that his DOJ declined to prosecute Commerce Department officials for lying about the provenance of the Census citizenship question, what we know merely scratches the surface. 

Fowler, a former Johnson & Johnson executive, is the latest Biden hire to spin through Pharma’s revolving door.

June 30th marked the last official day of Republican Neil Chatterjee’s term as a commissioner on the Federal Energy Regulatory Commission (FERC). Despite FERC’s obscurity, it is a critically important independent agency of the federal government that regulates the interstate transmission of oil, gas, and electricity, and reviews proposals to build gas terminals and pipelines. As of July 1st, a new commissioner nominated by President Biden and confirmed by the Senate could have stepped in, giving the five-seat board a Democratic majority. Biden has thus far failed to begin that process, so Chatterjee will remain serving an expired term until Biden appoints and the Senate confirms someone new.

The Biden Administration has a historic opportunity to reverse the executive branch’s long-standing war on whistleblowers, and end the all-too-common (and sadly bipartisan) practice of villainizing whistleblowers and leakers to avoid accountability for government wrongdoing revealed by these actors.

The Annual Report on White House Personnel has confirmed what we’ve long suspected: Anita Dunn took an anomalously low salary to shield her financial information from public view. In essence, Dunn purchased the right to secrecy.

Neil MacBride spent eight years leveraging his government experience to defend Big Oil, Big Pharma, and Wall Street giants. Why does Biden want him back?

President Biden has hired several Big Oil consultants and insiders to staff the executive branch amid growing calls for federal climate action.

Anyone who’s ever filed a Freedom of Information Act request can tell you that the federal bureaucracy is shockingly opaque despite. This has real consequences for the public’s understanding of what their government actually does every day. Almost all public records requests require watchdogs to specifically identify documents and personnel they are interested in, often without knowing if those documents even exist or if those personnel even still work for the government. This poses a conundrum, however: how can watchdogs know what or whose records to request if they don’t even know who works in a department?

The U.S. government is involved in hundreds of court cases each year, most of which are not followed closely. But the baseline assumption is that the government is defending the public interest and holding criminals accountable, even when most aren’t watching. Unfortunately, in Merrick Garland’s Justice Department, that is not uniformly the case. Key acting officials, drawn from the halls of corporate power, are riddled with conflicts of interest that are already affecting their ability to protect the public. If the Justice Department is to serve all Americans rather than bolster individual fortunes and entrench corporate power, Merrick Garland must stop elevating corporate attorneys who have gotten rich fighting on corporate America’s behalf.

Brian Netter, a corporate attorney who represented big business in wage theft cases and litigated against workers who sued companies for mismanaging their retirement funds, was just appointed to the Department of Justice.

The Revolving Door Project will be tracking these disclosures and flagging important revelations revealed by the OGE to ensure high level political appointees are not financially beholden to special interests they may regulate in government.

Representatives of corporate interests often twist the spirit and the intent behind calls for ethics in government. Under the guise of keeping lobbyists out of an administration, big business rails against even the suggestion that working people get a voice in government. They do this by falsely conflating public interest lobbyists and corporate lobbyists.

Progressives have generally seen Gary Gensler, the newly confirmed chair of the Securities and Exchange Commission (SEC), as a loyal advocate for the public interest. His tenure at the Commodity Futures Trading Commission (CFTC) was one of the few bright spots in Barack Obama’s financial regulatory regime. But in April, Gensler named Alex Oh to be his director of enforcement, before she resigned a week later amid negative media attention. Before joining the SEC, Oh had directly facilitated an ExxonMobil executive’s obstinate deposition testimony (reportedly read off an attorney-drafted script) in the face of plaintiff objections—and the case itself centered on accusations of torture, rape, and murder by ExxonMobil-hired guards in an Indonesian village.

Darla Pomeroy, who is married to an heir to the DuPont family fortune, was just named Senior Advisor to the Office of Domestic Finance at the US Treasury. While her record does not show any familiarity with financial regulatory policy, it reveals instead a history of a powerful corporation highly influential in Delaware placing a close ally in the administration.

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.