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

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

1. January 23, 2023: DOJ Poised to Sue Google Over Digital Ad Market Dominance

2. February 23, 2023: DOJ Preps Antitrust Suit to Block Adobe’s $20 Billion Figma Deal

3. May 15, 2023: Amgen’s $28 Billion Horizon Deal Faces Unexpected FTC Hurdle

4. June 29, 2023: Lina Khan Is Coming for Amazon, Armed With an FTC Antitrust Suit

5. October 16, 2023: Real Estate Brokers Pocketing Up to 6% in Fees Draw Antitrust Scrutiny

6. February 20, 2024: FTC, States to Sue Over Kroger-Albertsons Deal Next Week

7. March 20, 2024: Justice Department to Sue Apple for Antitrust Violations

8. April 10, 2024: Nippon Steel Bid to Buy US Steel Gets Extended Antitrust Review

9. April 17, 2024: Tapestry’s $8.5 Billion Capri Deal Faces Planned FTC Lawsuit

10. May 22, 2024: US Justice Department to Seek Breakup of Live Nation-Ticketmaster

11. July 10, 2024: FTC Preparing Suit Against Drug Middlemen Over Insulin Rebates

12. 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,                           

WTAS: Support Builds for Boozman-Welch Legislation to Protect Seniors’ Access to Healthcare

U.S. Senator John Boozman, AR

WASHINGTON –– U.S. Senators John Boozman (R-AR) and Peter Welch (D-VT) announced support from national health organizations for the Physician Fee Stabilization Act, legislation that ensures greater flexibility in determining pricing adjustments for medical services without triggering harmful annual payment cuts to Medicare-serving physicians.

The legislation is also cosponsored by Senators Thom Tillis (R-NC), Angus King (I-ME), Roger Marshall, M.D. (R-KS) and Jeanne Shaheen (D-NH). 

What They Are Saying

“Physicians cannot continue to be faced with large reductions in Medicare payment at the beginning of each year, threatening our practice operations and access to care for our nation’s seniors. The American College of Physicians supports the Physician Fee Stabilization Act that would help to ensure this doesn’t continue to happen by raising the threshold for the implementation of budget neutral payment cuts,” said Isaac O. Opole, MBChB, PHD, MACP, President, American College of Physicians.

“The Physician Fee Stabilization Act would provide a much-needed increase to the budget neutrality threshold, raising the trigger amount from $20 million, where it has been since 1992, to $53 million. It would then provide for inflationary increases every five years based on the Medicare Economic Index. As proposed, the $33 million increase is proportional to the growth of Part B spending since the implementation of the PFS,” said American College of Surgeons Executive Director and CEO Patricia L. Turner, MD, MBA, FACS. “This would be an important step forward to ensure greater flexibility in determining pricing adjustments for services without triggering re-occurring across-the-board cuts at the end of every year.”

“The Physician Fee Stabilization Act is a vital step toward ensuring stability and fairness in physician payment reform, especially for cardiologists who provide life-saving care. By raising the budget neutrality threshold, this legislation will help prevent annual cuts that threaten patients’ access to cardiovascular care. The American College of Cardiology commends Senators Boozman, Welch, Tillis, King, Marshall and Shaheen for their leadership and commitment to supporting our nation's cardiologists and their patients,” said American College of Cardiology President Cathleen Biga, MSN, FACC. 

“The Physician Fee Stabilization Act marks the Senate's first legislative solution this year to help ensure fair and consistent Medicare payments for physician services, and Congress should pass this bill to help ensure our nation’s seniors continue to have timely access to the physician of their choice. We applaud the bipartisan group of Senators leading this initiative and look forward to working with policymakers to advance additional long-lasting Medicare policy solutions,” said Russell R. Lonser, MD, FAANS, American Association of Neurological Surgeons and Congress of Neurological Surgeons.

“The American Academy of Dermatology Association sincerely thanks Senators Boozman and Welch for introducing the Physician Fee Stabilization Act, which would update the budget neutrality thresholds in the Medicare physician fee schedule,” said American Academy of Dermatology Association President Seemal R. Desai, MD, FAAD. “This bill is a crucial step in the fight to reform Medicare physician payment as it would revise budget neutrality policies that contribute to eroding reimbursement, which is not only a critical top priority for dermatologists, but for all physicians and most importantly the patients we serve.”

“The AAMC applauds Sens. Boozman and Welch for introducing the Physician Fee Stabilization Act. Physicians employed by teaching health systems and hospitals across the country are dedicated to both providing care to the most complex and vulnerable patients and training the next generation of physicians. These large, multispecialty practices are vital resources to their local communities, providing significant primary care and other critical services, including a large percentage of tertiary, quaternary, and specialty referral care in the community. However, their ability to continue to provide care in their communities is in jeopardy due to the threat of yearly cuts to their patient care payments,” said Danielle Turnipseed, JD, MHSA, MPP, Chief Public Policy Officer of the Association of American Medical Colleges. “The Physician Fee Stabilization Act would update the current budget neutrality threshold in the Medicare Physician Fee Schedule (PFS), and continue to update it every five years. While more is needed to ensure the stability and longevity of the PFS, this is a critical step, and we appreciate the bipartisan commitment of Sens. Boozman and Welch to addressing issues with the PFS and look forward to working to get this legislation passed.”

“The American Urological Association (AUA) applauds Senators John Boozman and Peter Welch, along with Senators Thom Tillis, Angus King, Roger Marshall, MD and Jeanne Shaheen, for their leadership in introducing S. 4935, the Physician Fee Stabilization Act,” said AUA Public Policy Council Chair Mark Edney, MD, MBA. “This bipartisan legislation takes the critical step of increasing the budget neutrality threshold from $20 to $53 million with adjustments every five years to keep pace with the MEI. The budget neutrality threshold has not been updated in more than 30 years and physicians are the only Medicare provider without inflationary payment updates. S. 4935 would fix this and bring much-needed stability to physician payment year after year, helping to ease the provision of urological care and countless other services to millions of Americans under Medicare.”

“The American Optometric Association (AOA) applauds Sens. Boozman and Welch, for the visionary direction S. 4935 sets for future growth of health care access,” said Steven Reed, O.D., AOA president. “For so many years, physicians of all types, including doctors of optometry, have long been impacted by stagnant Medicare reimbursement. The costs to deliver care continue to increase especially in regard to staffing and overhead costs, yet Medicare reimbursement has remained and proposed cuts only threaten to hamper physicians’ ability to provide valued care. S. 4935 takes a long-term forward-looking approach to a real solution – not a patch – to address this problem.”

Cotton, Colleagues to Garland: Investigate schools with ties to Chinese communists

Washington, D.C. — Senator Tom Cotton (R-Arkansas), along with seven of his colleagues, today sent a letter to Attorney General Merrick Garland to urge him to investigate cases of American institutions of higher education having ties to the Chinese Communist Party (CCP). In addition to investigating the current cases, the senators asked AG Garland for written responses on how the Department of Justice is working to mitigate the threat the CCP poses to the U.S. education system.

Senators Pete Ricketts (R-Nebraska), Rick Scott (R-Florida), Eric Schmitt (R-Missouri), Cynthia Lummis (R-Wyoming), Joni Ernst (R-Iowa), Marsha Blackburn (R-Tennessee), and Thom Tillis (R-North Carolina) co-signed the letter.

In part, the senators wrote:

“Undisclosed and unmonitored financial relationships between U.S. academia and the CCP are glaring national security risks. Such relationships leave the U.S. vulnerable to intellectual property theft, improper influence, and even espionage. It is imperative that DOJ take additional steps to swiftly address this concern.”

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

August 5, 2024 

The Honorable Merrick Garland
U.S. Department of Justice
950 Pennsylvania Ave., N.W.
Washington, DC 20530

Dear Attorney General Garland,

We write regarding reports that American institutions of higher education (IHEs) are failing to disclose financial ties with the Chinese Communist Party (CCP). Efforts to conceal CCP attempts to influence American students and steal intellectual property threaten our national security.

The Department of Justice (DOJ) has disclosed multiple cases where U.S. universities collaborated illegally with the CCP. On July 16, 2024, the U.S. Attorney’s office for the District of Maryland announced that the University of Maryland paid $500,000 to resolve allegations that it violated the False Claims Act by failing to disclose funding from Chinese companies, including Alibaba. On October 2, 2023, the same office announced that Stanford University paid $1.9 million to resolve allegations related to faculty’s ties with the CCP. In both cases, the universities knowingly defrauded federal agencies critical to national security.

Undisclosed and unmonitored financial relationships between U.S. academia and the CCP are glaring national security risks. Such relationships leave the U.S. vulnerable to intellectual property theft, improper influence, and even espionage. It is imperative that DOJ take additional steps to swiftly address this concern.

For those reason, please answer the following questions by September 2, 2024.

1. Has the frequency of IHEs committing False Claims Act violations as result of failing to disclose funding from CCP-affiliated entities increased since January 1, 2020?

2. What is the current assessment of the threats posed to American students and federal research initiatives by CCP involvement?

3. What steps does the DOJ take to mitigate CCP attempts to influence the U.S. education system?

4. How does the DOJ work with the rest of the interagency, including the Department of Defense, to evaluate and mitigate these threats?

Thank you for your prompt attention to this important matter.

Sincerely,

Cotton, Colleagues to Garland: Terminate DOJ Official Who Committed Perjury

Washington, D.C. — Senator Tom Cotton (R-Arkansas) led nine of his Senate Judiciary Committee colleagues today in sending a letter to Attorney General Merrick Garland, urging him to terminate Kristen Clarke, the Department of Justice’s (DOJ) Assistant Attorney General for Civil Rights. The senators detailed how Ms. Clarke committed perjury during the nomination process for her current role by lying to Congress.

Wikimedia Image

Senators Lindsey Graham (R-South Carolina), Marsha Blackburn (R-Tennessee), Josh Hawley (R-Missouri), Mike Lee (R-Utah), Chuck Grassley (R-Iowa), Ted Cruz (R-Texas), Thom Tillis (R-North Carolina), John Kennedy (R-Louisiana), and John Cornyn (R-Texas) co-signed the letter.

In part, the senators wrote:

“During her nomination to her current role, Ms. Clarke was asked if she had ‘ever been arrested for or accused of committing a violent crime against any person.’ Ms. Clarke was unequivocal, responding under oath to the Senate Judiciary Committee, ‘No.’ That was a lie. Ms. Clarke has now admitted that she was arrested in 2006 for attacking and injuring someone with a knife. It has also recently come to light that, shortly before the full Senate voted on her nomination, Ms. Clarke and her publicist contacted the man she attacked in an attempt to cover up her false testimony.”

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

July 12, 2024

The Honorable Merrick Garland
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Dear Attorney General Garland,

I write regarding an act of perjury committed by Kristen Clarke, Assistant Attorney General for Civil Rights. I call for Ms. Clarke’s immediate termination and removal from office.

During her nomination to her current role, Ms. Clarke was asked if she had “ever been arrested for or accused of committing a violent crime against any person.” Ms. Clarke was unequivocal, responding under oath to the Senate Judiciary Committee, “No.” That was a lie. Ms. Clarke has now admitted that she was arrested in 2006 for attacking and injuring someone with a knife. It has also recently come to light that, shortly before the full Senate voted on her nomination, Ms. Clarke and her publicist contacted the man she attacked in an attempt to cover up her false testimony.

Lying to Congress under oath is a felony.

The last time you were before the Senate Judiciary Committee, you said, “The integrity of our legal system is premised on adherence to the rule of law. In order to have confidence in our Department and in our democracy, the American people must be able to trust that we will adhere to the rule of law in everything that we do.” Ms. Clarke does not meet this standard and must be immediately terminated.

Thank you for your prompt attention to this important matter.

Sincerely,

Boozman, Cotton introduce bill to report illegal immigrant attempts to purchase firearm

WASHINGTON – U.S. Senator John Boozman (R-AR) joined Senators Tom Cotton (R-AR), Thom Tillis (R-NC), Joni Ernst (R-IA) and Cynthia Lummis (R-WY) to introduce legislation that would require the National Instant Criminal Background Check System (NICS) to notify U.S. Immigration and Customs Enforcement (ICE) and relevant local law enforcement when an illegal immigrant tries to purchase a gun.

“Alerting the proper authorities when illegal immigrants seek to obtain firearms is commonsense. I’m proud to join Senator Cotton and our colleagues on this legislation to help protect our communities,” Boozman said. 

Image by Taylor R

“Those who come into America illegally should be detained and deported. They certainly shouldn’t be able to purchase a firearm. Our bill is necessary to ensure the proper authorities are notified when an illegal immigrant attempts to buy a gun,” Cotton said. 

“The National Instant Criminal Background Check system is an important tool to ensure firearms stay out of the wrong hands, which is why I co-introduced the Fix NICS Act. It is already against the law for an illegal immigrant to purchase a firearm, and this legislation would notify the appropriate authorities when an illegal immigrant tries to break the law,” said Tillis.

“Our local law enforcement and immigration officials should have the tools to know if folks are in our country illegally. Instead of taking every opportunity to crack down on lawful FFLs just trying to earn a living, the Biden administration should capitalize on their dutiful work by using their resources to prevent unlawful actions by illegal immigrants. In the face of the border crisis of its own making, President Biden’s priorities again are out of touch. This bill will help officials do their job and keep our communities safe,” said Ernst.  

“I have no confidence in this administration’s willingness or ability to prevent illegal aliens from unlawfully entering our country, let alone in preventing them from illegally obtaining a firearm,” said Lummis. “If this administration refuses to enforce our existing immigration laws, we must empower law enforcement and immigration officials to hold them accountable and take appropriate action to keep our communities safe.” 

Bill text may be found here.

Background: 

• When a person tries to buy a firearm from a store, the firearm seller, known as a Federal Firearms Licensee (FFL), contacts the NICS to conduct a background check. That background check verifies the buyer is not ineligible to purchase or own a firearm.

• The FBI maintains a record of prohibited persons which currently includes the names of 14.8 million illegal immigrants. NICS is not, however, required to notify immigration authorities if an applicant is in the country illegally.

• Since November 30, 1998, NICS has issued denials for 49,411 attempted firearm purchases by illegal immigrants.