Washington, D.C. — Senator Tom Cotton (R-Arkansas) today led four of his colleagues in a letter to Department of Justice Inspector General Michael Horowitz and Federal Trade Commissioner Inspector General Andrew Katsaros, demanding an investigation into systemic media leaks. These leaks, all to the same media outlet, resulted in negative headlines about the Biden-Harris administration’s antitrust targets and potentially violated ethics rules.

Co-signers to the letter included Senate Republican Leader Mitch McConnell (R-Kentucky), Senators Thom Tillis (R-North Carolina), Bill Cassidy (R-Louisiana), and Pete Ricketts (R-Nebraska).

In part, the senators wrote:

“These leaks result in negative headlines about the administration’s targets while the targeted companies have no way to respond, as they haven’t yet seen the potential lawsuits. Both DOJ and FTC have ethics rules that prohibit leaking civil cases before the cases are filed.”

Full text of the letter may be found here and below.

October 24, 2024

The Honorable Michael Horowitz
United States Department of Justice
Office of the Inspector General
950 Pennsylvania Avenue, NW
Washington, DC 20530

Mr. Andrew Katsaros Inspector General
Federal Trade Commission

600 Pennsylvania Avenue, NW

Washington, DC 20580

Dear Inspectors General Horowitz and Katsaros,

We write asking you to investigate whether the Department of Justice and the Federal Trade Commission have violated their own ethics rules by systematically leaking potential antitrust cases to a specific media outlet.

Since 2023, Bloomberg News has broken the news in at least twelve instances that DOJ or FTC was “preparing” or “poised” to take legal action before a lawsuit was filed. Indeed, the same journalist reported on eleven of these cases. This pattern strongly suggests that certain officials at DOJ and FTC are intentionally publicizing legal action days or weeks before filing.

These leaks result in negative headlines about the administration’s targets while the targeted companies have no way to respond, as they haven’t yet seen the potential lawsuits. Both DOJ and FTC have ethics rules that prohibit leaking civil cases before the cases are filed.[*]

Bloomberg News reporting DOJ and FTC antitrust actions before the filing of a lawsuit

January 23, 2023: DOJ Poised to Sue Google Over Digital Ad Market Dominance
February 23, 2023: DOJ Preps Antitrust Suit to Block Adobe’s $20 Billion Figma Deal
May 15, 2023: Amgen’s $28 Billion Horizon Deal Faces Unexpected FTC Hurdle
June 29, 2023: Lina Khan Is Coming for Amazon, Armed With an FTC Antitrust Suit
October 16, 2023: Real Estate Brokers Pocketing Up to 6% in Fees Draw Antitrust Scrutiny
February 20, 2024: FTC, States to Sue Over Kroger-Albertsons Deal Next Week
March 20, 2024: Justice Department to Sue Apple for Antitrust Violations
April 10, 2024: Nippon Steel Bid to Buy US Steel Gets Extended Antitrust Review
April 17, 2024: Tapestry’s $8.5 Billion Capri Deal Faces Planned FTC Lawsuit
May 22, 2024: US Justice Department to Seek Breakup of Live Nation-Ticketmaster
July 10, 2024: FTC Preparing Suit Against Drug Middlemen Over Insulin Rebates
September 23, 2024: Visa Faces Justice Department Antitrust Case on Debit Cards

These leaks aren’t just unethical, but they harm these companies’ employees, shareholders, and others. If the companies have engaged in wrongdoing, by all means the government should try them in a court of law. But the Biden-Harris administration shouldn’t try them in the liberal media. These leaks appear to be simply one more instance of this administration weaponizing the administrative state against politically disfavored opponents and critics, much like DOJ investigating parents at school-board meetings or the FTC targeting Elon Musk and Twitter for insufficient censorship of conservatives.

We urge you to investigate promptly these systematic, unethical, and potentially illegal leaks.

Sincerely,

Today, Congressional Dyslexia Caucus Co-Chairs Congressman Bruce Westerman (AR-04) and Congresswoman Julia Brownley (CA-26) introduced a resolution recognizing October 2024 as National Dyslexia Awareness Month.

Senators Bill Cassidy, M.D. (R-LA), Ranking Member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, Shelley Moore Capito (R-WV), Angus King (I-ME), Susan Collins (R-ME), and Elizabeth Warren (D-MA) introduced the companion resolution in the U.S. Senate.

“Although millions of students face the social stigmas and learning challenges related to dyslexia every day, dyslexia rarely receives the proper attention it deserves. This important resolution recognizing October as National Dyslexia Awareness Month is an important step in ensuring educators and parents are aware of the prevalence of dyslexia and empowered to get their students the learning resources they need,” said Congressional Dyslexia Caucus Co-Chair Westerman. “I am proud to support this resolution once again, and I thank Senator Cassidy and my fellow Dyslexia Caucus Co-Chair, Congresswoman Brownley, for making this a bicameral and bipartisan issue.”

“I began my career in public service to ensure that all children, including individuals with dyslexia like my daughter, have the resources and positive learning environments to live up to their full potential," said Congressional Dyslexia Caucus Co-Chair Brownley. “In recognizing October as Dyslexia Awareness Month, we are bringing much needed attention to the challenges people with dyslexia face and, more importantly, reaffirming our commitment to providing them with the support they need to thrive. As Co-Chair of the Congressional Dyslexia Caucus, I look forward to continuing to work with Congressman Westerman and my colleagues to raise awareness and help those with dyslexia to succeed.”

“Dyslexia impacts one in five Americans. With an early diagnosis by the end of kindergarten or beginning of the first grade, these students won’t be left behind and can reach their full potential,” said Dr. Cassidy. “This National Dyslexia Awareness Month, we raise dyslexia awareness and continue to our work to ensure these bright children have the resources to achieve their dreams.”

“Dyslexia impacts individuals in West Virginia and all across our country, which is why it is so important that we recognize the substantial challenges it poses to students and adults. I’m proud to join my colleagues once again to introduce this resolution, which will help us raise awareness around the need for early screening, diagnosis, and evidence-based solutions,” said Senator Capito.

"Identifying dyslexia in early childhood is crucial to ensuring students in Maine and across the country are being properly prepared for a lifetime of reading and learning,” said Senator Collins. “This bipartisan resolution seeks to raise awareness of the problems associated with a lack of dyslexia testing for American students which has left countless unidentified dyslexic students to struggle silently in their education.” s in Maine and across the country are being properly prepared for a lifetime of reading and learning,” said Senator Collins. “This bipartisan resolution seeks to raise awareness of the problems associated with a lack of dyslexia testing for American students which has left countless unidentified dyslexic students to struggle silently in their education.”

Read the full text of the resolution here

Cotton, colleagues to DOJ and FTC: Systemic, weaponized leaks violate ethics rules

Bruce Westerman and colleagues introduce resolution recognizing October 2024 as National Dyslexia Awareness Month