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July 05, 2023 | The American Prospect

KJ Boyle

Op-Ed Anti-MonopolyEthics in GovernmentFTCIndependent Agencies

Lina Khan Haters Took A Premature Victory Lap

It turns out that the ethics official who recommended that Khan recuse herself from a case involving Meta is an owner of Meta stock. This ethics judgment was music to the ears of the media organizations, Republicans, and antitrust hacks who have been attacking Lina Khan throughout her leadership. Beyond being wrong and selective in singling out FTC officials for ethics concerns, the problem with Pankey’s opinion is deeply ironic. Pankey herself has a legitimate conflict of interest in relation to Meta. 

June 01, 2023 | The American Prospect

Timi Iwayemi

Op-Ed 2024 ElectionEthics in GovernmentExecutive Branch

How to Cover a Presidential Campaign

As the past six years have clearly illuminated, hollowing out government capacity and rewarding loyalists is at the heart of the Trump gospel, and leveraging power is DeSantis’s modus operandi as well. As coverage of the Republican primaries ramps up, the press must focus on how this style of executive branch mismanagement endangers democracy and the public interest. That’s more important than trying to figure out if DeSantis has the personality to sell this anti-democratic vision.

May 17, 2023 | The Sling

Dylan Gyauch-Lewis

Op-Ed Executive BranchIndependent Agencies

Biden Should Relieve Martin Oberman from His Chairmanship at the Surface Transportation Board

Just weeks after a series of high profile train derailments headlined by the disaster in East Palestine, Ohio, the Surface Transportation Board (STB) decided to double down on the current railroad oligopoly. The STB approved a merger between Canadian Pacific Railway and Kansas City Southern Railway Company, cutting the number of major “Class I” rail companies in the United States from seven down to six. This decision is diametrically opposed to the public interest and seriously undermines trust in rail regulators.

May 09, 2023 | Common Dreams

KJ Boyle

Op-Ed Anti-MonopolyDepartment of JusticeFTCMedia Accountability

Not Every “Former Antitrust Official” Is a Neutral Expert

The Federal Trade Commission (FTC) and DOJ Antitrust Division have long served as an essential stop for antitrust experts looking to maximize opportunities, influence, and compensation at BigLaw firms and monopolistic corporations. By spending some time learning the ins and outs of government investigations and enforcement efforts, revolvers are seen by potential corporate employers to be better equipped to assist corporations in antitrust lawsuits against their former government employers.

April 25, 2023 | Common Dreams

Dylan Gyauch-Lewis Toni Aguilar Rosenthal

Op-Ed Congressional OversightEthics in GovernmentSupreme Court

Clarence Thomas and Democratic Fecklessness

Earlier this month, ProPublica released a report documenting decades of undisclosed lavish gifts Justice Clarence Thomas and his family received from Republican mega-donor Harlan Crow. These gifts included a yacht trip around Indonesia, flights on Crow’s private jet, free stays at Crow’s private country club, and more. One week later, the news outlet published a follow-up report detailing how Thomas also sold property to Crow without disclosing it. Thomas’s mother has continued to reside at that property rent-free while Crow funds significant renovations.

April 20, 2023 | The American Prospect

Hannah Story Brown

Op-Ed Climate and EnvironmentCongressional OversightCorporate CrackdownEthics in Government

Exxon’s Unethical Supreme Court Play

As the revelations of Supreme Court Justice Clarence Thomas’s flagrant corruption continue to unspool, scrutiny of the weak ethics rules binding the Court has intensified. The Senate Judiciary Committee is supposed to oversee the Court, but it has proven itself not remotely up to the task of rooting out judicial corruption. And amid this disturbing situation, a Supreme Court conference this Friday provides an opening for Court conservatives to try to game their few ethical limits in plain sight.

April 18, 2023 | The New Republic

Hannah Story Brown

Op-Ed 2020 Election/TransitionClimate and EnvironmentDepartment of JusticeEthics in GovernmentGovernanceRevolving Door

The Ghost of a Trump Appointee Is Haunting Merrick Garland’s Justice Department

Tracing Clark’s lingering impact on ongoing litigation makes clear that the legacy of Trump’s Justice Department still haunts our governance and that failing to treat his cronies like the menace they are is worsening outcomes across the country. In some cases, Attorney General Merrick Garland is still carrying forward with the arguments Clark helped shape. In others, the Justice Department and its client agencies are at a critical juncture of having to decide whether to break from past positions or maintain continuity with positions they adopted during the Trump administration.