Biden is Better Off Waiting for Godot than GOP Epiphany
Newsletter 56: How Biden can use Cabinet (and other appointments) to better political effect
Biden has made no secret of his fondness for a brand of bipartisanship that appears entirely out of step with present political realities. On the primary campaign trail, he famously claimed that Republican lawmakers would have an “epiphany” and suddenly remember the value of reaching across the aisle. But, with the country deep in the throes of overlapping public health and economic crises -- each of which have only been exacerbated by the Trump administration and the Republican lawmakers walking in lockstep with it -- he’s been quieter about this belief in the past few months.
Just because he’s not talking about it, however, does not mean that his underlying conviction has changed. Behind the scenes, the Biden transition team is reportedly vetting several Republicans for Cabinet slots. If you’re wondering, “why?” you would not be alone. The Vice President’s supporters claim that it would be an important demonstration of the incoming administration’s commitment to bipartisanship, but even some Never Trumpers question how much there is to gain from such symbolic gestures.
Instead, this appears to be a knee jerk return to pre-Trump norms. This is a deeply concerning impulse that will have to be vigorously opposed. While some norms are no doubt worth restoring, it is wrong to assume that all are. How many of the Obama Administration’s accomplishments were due to input from Republicans like Bob Gates and James Comey (or Independents like Tim Geithner)?
Important jobs should go to high energy, public interest-minded people -- not the human beings who most resemble olive branches. As our Jeff Hauser told HuffPost, more like Ted Kaufman, please! And as our fellow Elias Alsbergas detailed in a blog this week, it is clear that the Republican names the Biden team currently has under consideration are not public interest-minded.
2020 (and potentially 2021)
If Biden wants to appeal to moderates, there are more effective ways. New polling from Data for Progress confirms what we’ve been saying for some time now: shutting the revolving door is good politics. By approximately 20-point margins, respondents said that they would be more likely to vote for Biden if he kept industry leaders out of positions with the power to regulate their former industries. The numbers were nearly identical for Democrats and for independents. For Republicans, respondents were evenly split between those saying that such bans would make them more likely to vote for Biden and those saying they would make them less likely. So to recap, while choosing a Republican for the Cabinet is likely to alienate Democratic voters and generate virtually zero gains among Republicans, closing and locking the revolving door would have no effect on the latter category but could lead to big gains with the party’s base and independents. Seems like the choice is clear.
A hard line on corporate influence would have other benefits, too. Republicans demonstrated this week that they will have no scruples about attacking a Biden administration for its supposed fealty to corporate interests, even as they stood silently by while those interests ran amok in the Trump administration. Appointing John Kasich to the Cabinet will do nothing to neutralize charges that a Biden administration is under Facebook’s thumb, but shutting out those with real conflicts of interest is likely to rob them of traction. As the Biden team continues to rake in hundreds of millions via small dollar donors, it seems as though that decision should be easier than ever.
And yet, high dollar donors are still getting an inside track to the Vice President’s team. That includes, concerningly, senior members of the Biden campaign’s policy advisory groups, many of whom are seen as likely candidates for Cabinet positions. For that reason, progressives remain alert and ready to fight for an administration that reflects the country’s diversity and is free of corporate interests.
Most importantly, we will need appointees who are eager to use their power to maximal effect to advance the public interest. As several RDP team members detailed last week, there is reason to doubt that one likely candidate for Treasury Secretary, Federal Reserve Governor Lael Brainard, fits the bill. While Brainard has adeptly used a variety of tactics to bring attention to issues of employment and monetary policy, she has been virtually silent as the Federal Reserve uses its bailout program to prop up the fossil fuel industry. The next Treasury Secretary will have immense power to curb fossil finance and set the country, and the world, on a path towards a just transition but they’ll need to be willing to stick their neck out and get creative to make it happen.
Furthermore, Jerome Powell’s Fed has also been doing far too little to help state and local governments, as our Miranda Litwak noted. Lael Brainard seems a little too proud of the Fed’s insufficiently creative response to the pandemic recession, even as she is appropriately critical of the Senate’s fiscal policy failures.
Anti-Monopoly
On Tuesday, the Department of Justice filed its overdue antitrust suit against Google, an action we hope is just the first step in addressing the full range of Google’s monopoly power. We tweeted about the officials calling the shots in the case, but here’s a deeper look at their (very recent) BigLaw ties, and some speculation on what firms Google will retain to defend itself.
To recap, Attorney General William Barr has unencumbered oversight on the case, since the top Antitrust Division (ATR) officials Makan Delrahim and his deputy Barry Nigro both recused themselves from the investigation. Delrahim’s conflict of interest arises from aiding Google’s acquisition of Doubleclick back in 2007, a merger that played a key role in Google’s dominance.
The New York Times named Jeffrey Rosen as AG Barr’s deputy on the case. Between stints at various government entities, Rosen is a longtime partner of BigLaw firm Kirkland & Ellis. Rosen in turn hired Ryan Shores from Shearman & Sterling, who appears to be the previously undisclosed “name brand” outside counsel hired to litigate the Google case.
The DOJ is also represented by Alexander Okuliar, who came to the DOJ from BigLaw firm Orrick, Herrington & Sutcliffe less than a year ago. As our Andrea Beaty wrote in Talking Points Memo, both Shores’ and Okuliar’s extensive corporate advocacy hints at future BigLaw gigs, undermining the ambitions of career public servants at the ATR, including the Technology & Financial Services Section lawyers who make up the core staff of the Google case.
It's telling that, despite the DOJ being the so-called more serious of the two major antitrust enforcement agencies, the ATR lacks leadership without direct ties to today’s monopolists. Distressingly, the ATR also seems to lack officials with enough litigation experience to spearhead a suit that will likely be in the courts for years to come.
While Google’s counsel is still unknown, the company’s defense against the DOJ suit will undoubtedly involve many former government officials schilling for the tech giant. The company’s recent $2.1 billion acquisition of FitBit offers clues as to who Google might retain. Lawyers from Cleary Gottlieb Steen & Hamilton and Vinson & Elkins helped shepherd the deal through the antitrust enforcement agencies. The latter firm is specifically advising Google on antitrust matters, led by former FTC attorney advisor Darren Tucker. Fitbit, for its part, retained Arnold & Porter partner (and former FTC Bureau of Competition director) Debbie Feinstein.
As our Jeff Hauser tweeted, a future Biden administration should find all political figures affiliated with Google toxic, including the former officials who are bound to work on this case.
Governance
No matter how aggressive a Biden administration’s climate policy, more frequent and severe natural disasters are going to be an inevitable reality for the foreseeable future. That means demands on the Federal Emergency Management Agency (FEMA) are only likely to grow. As with almost every other part of the government, FEMA has suffered under Trump. A lack of permanent leadership combined with a slew of simultaneous crises, from the pandemic to wildfires and hurricanes, has left the agency stretched thin and the most vulnerable ever more likely to fall through the cracks. To “build back better,” a Biden administration will need to pay close attention to these weaknesses across the breadth of the federal government. Progressives will push Biden to commit to not merely restoring the pre-Trump status quo, but going beyond it.
Independent Agencies
The Federal Election Commission (FEC) was in high demand this week. First, Rep. Joe Kennedy announced that his Senate campaign had improperly spent $1.5 million in general election funds during his primary against Ed Markey. Then, in a fit of rage over Twitter’s decision to lock Charlie Kirk’s account, Rep. Matt Gaetz demanded that FEC “get off its ass.” With no quorum, however, the Commission will neither be responding to the substantive violation of election law nor the petulant whining. Gaetz can thank Mitch McConnell who has not seen fit to advance Trump’s nominee for the FEC while rushing to pack the Supreme Court.
It seems that keeping election law optional suits McConnell just fine.
Want more? Check out some of the pieces that we have published or contributed research or thoughts to in the last week:
'So much work to do': How Biden is planning for transition
Opposing Trump’s Proto-Fascism Doesn’t Merit a Cabinet Spot
Why Progressives Love Ted Kaufman, Joe Biden’s Alter Ego
Trump Cabinet Totally Swears These Trips Are 100% Legit
Biden’s Treasury Could Fight Climate Change, But Would Lael Brainard’s?
How Biden's Treasury Department Could Fight Climate Change
Biden eyes GOP candidates for Cabinet slots
Ron Klain Is Leading Candidate for Biden White House Chief of Staff
The Next Fight Over the Soul of the Democratic Party? Biden's Chief of Staff.
How Facebook and Twitter’s content moderation could shape the final weeks of the election
Axios Sneak Peak, October 18
The Fed’s Neglect of State and Local Governments Will Cost Us