Government Capacity

It’s been over a month since Biden took office and four months since he and his transition team began choosing appointees in earnest. That makes it an apt time for a tentative assessment. In a new release with Demand Progress, we gave him a B-, with wide variation across issue areas.

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.

This week, the Senate begins its historic second impeachment trial of former President Donald Trump centered on his attempt to overthrow the 2020 presidential election results by inciting an insurrection on the US Capitol that ultimately resulted in five deaths. Yet, rather than a singularly heinous act unmoored from the rest of his presidency, Trump’s attempted coup was the culmination of years of attacks on the federal government. Today, the Revolving Door Project released a memo, “Existential Threat to the Civil Service: Politicization Under Trump,” which charts Trump’s long war on the people and agencies that constitute the backbone of our country.

The Bush Administration twisted the government’s neutral hiring process to staff the career civil service with right-wing ideologues. We don’t yet know if Trump did the same thing. And we won’t find out without help from Congress.

The American Prospect reported today that Cass Sunstein, the former Administrator of the Office of Information and Regulatory Affairs (OIRA), is telling colleagues he is in line for a job in the Biden Administration. Environmental, labor, consumer advocacy, and progressive economic groups are united in their disdain toward Sunstein for his attacks on common-sense regulation throughout his time in the Obama Administration.

Last week, Joe Biden assumed the presidency amid multiple, overlapping, short- and long-term crises. The list of priorities for the new administration is long and fights over the relative emphasis placed on each are surely incoming. To sidestep these ugly battles and ensure that his administration rises to meet each of these pressing crises, President Joe Biden must use all available powers to rebuild the federal government’s capacity to act in the public interest. The Revolving Door Project’s latest memo, “Rapid Reinforcements: A Guide to Federal Hiring Authorities,” enumerates the authorities that a Biden administration can and should use to scale up civil service capacity quickly.

Over four years, federal workers were ignored, subjected to retaliation, and fired for articulating politically inconvenient truths or standing in the way of President Donald Trump’s attacks against the public. By all accounts, that is set to change under President-elect Joe Biden. But while new attacks may not be forthcoming, the fissures from old ones will remain, threatening the federal government’s structural integrity unless the next administration and Congress take action. For all that we know about Trump’s assaults on the federal workforce, there is likely more that remains hidden. Up to this point, Democratic leadership has failed to make combating or uncovering these incursions a priority. For the sake of the Biden administration’s success, that will need to change.

Over four years, the Trump administration pushed an already fragile government to the breaking point. Budget cuts, record civil service attrition and outright corruption (to name just a few) imperiled the most basic functions of the federal government to near collapse.

From the moment President Trump took office, he has been on a warpath with the civil service. He and his associates have waged an open war (and likely one behind closed doors as well) to seize control over federal employees just out of reach of easy firing. In October, as his presidency appeared rapidly to be approaching its end, he lobbed a bomb at the civil service system.

At the Revolving Door Project, we have frequently emphasized the importance of strengthening the civil service to ensure government works for public service and doesn’t cater to the interest of powerful people and corporations. We warned about how too much reliance on political appointments in the executive branch reduces accountability, citing academic research that political appointees perform worse than career managers. Especially in the Trump era, we have seen numerous examples of political appointees using the government for personal gain. Biden’s selection of William Burns, a career diplomat, as his CIA director should therefore be widely praised by progressives as a step towards restoring the civil service and depoliticizing the American intelligence community.

On Sunday Congress announced that it had reached a deal on a $1.4 trillion omnibus spending bill that will keep the federal government funded through September. The package includes $1.375 billion for the border wall — sticking the incoming administration with a costly, unpopular, and inhumane project — and does nothing to halt President Trump’s attack on the civil service through the creation and implementation of the new “Schedule F” civil service classification.