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,                           

Cotton Demands Action from DOJ and White House on Synagogue Attack by Pro-Hamas Mob

Washington, D.C. — Senator Tom Cotton (R-Arkansas) today sent a letter to President Joe Biden and Attorney General Merrick Garland, calling for the administration to respond to the attack on the Adas Torah synagogue in Los Angeles on June 23. The assault on the Los Angeles Jewish community by pro-Hamas radicals included blocking the entrance to the synagogue, assaulting Jewish people, and calling for an “intifada revolution.”

In part, Senator Cotton wrote:

“This vicious attack comes after months of antisemitic violence on college campuses, and just weeks after Hamas supporters vandalized national monuments outside of the White House. The Biden administration’s inaction against these mobs, like its inaction against Democratic street militias harassing Supreme Court justices outside their homes in 2022, has emboldened these extremists to escalate their attacks.”

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

June 25, 2024 

President Joseph R. Biden
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

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

Dear President Biden and Attorney General Garland,

I write urging immediate action against a pro-Hamas mob’s recent assault on a Jewish community.

On June 23, pro-Hamas radicals assembled outside the Adas Torah synagogue in Los Angeles. The mob blocked the synagogue’s entrance while they called for genocide. The mob attacked Jews with bear spray, beat a man until his face and shirt were covered in blood, and chanted “intifada revolution.”

Although these antisemitic rioters advertised their plans in advance and synagogue members pled for police protection, city officials allowed the mob to grow out of control. According to some reports, elected officials even told the Los Angeles Police Department to stand down initially, with police sent to intervene only after violence broke out.

This vicious attack comes after months of antisemitic violence on college campuses, and just weeks after Hamas supporters vandalized national monuments outside of the White House. The Biden administration’s inaction against these mobs, like its inaction against Democratic street militias harassing Supreme Court justices outside their homes in 2022, has emboldened these extremists to escalate their attacks.

The Department of Justice and federal law enforcement should take immediate action to protect the Jewish community and prosecute these mobs. I call for the administration to conduct a manhunt for every one of these antisemitic, pro-terrorist rioters with the same vigor it used to prosecute non-violent Trump supporters who were at the Capitol on January 6. Failure to act would only further expose this administration’s pro-Hamas bias. In addition, please provide the following information by July 1, 2024:

1. Did city or state officials notify the DOJ regarding the planned pro-Hamas protest? Was federal law enforcement requested to protect the Jewish community?

2. Have you referred this case to the Civil Rights Division of the Department of Justice?

3. Is the DOJ investigating whether outside groups are funding and organizing these violent outbursts? Provide a list of all outside groups that are linked to funding or organizing pro-Hamas or anti-Israel protests.

Thank you for your attention to this important matter.

Sincerely,

____________________

Tom Cotton
United States Senator

June 28, 2024

Cotton Applauds SCOTUS Decision Ruling Biden DOJ Overstepped in Charging January 6 Defendants

Washington, D.C. — Senator Tom Cotton (R-Arkansas) today released the following statement after the Supreme Court decided to limit obstruction charges against January 6 defendants. Senator Cotton led 22 of his congressional colleagues in filing an amicus brief opposing the Department of Justice’s overreach:

“Today’s decision is a victory against the Biden Administration’s abuse of power. The Department of Justice stretched a law in a way more befitting a banana republic than America. This Administration tolerates violent crime and an open border, but they manipulated a statute to imprison grandmas anywhere near the Capitol on January 6. I was proud to lead the amicus brief and commend the Court for its decision.”

Attorney General Tim Griffin files lawsuit against Ticketmaster/Live Nation, joins U.S. Department of Justice and 29 other Attorney Generals

LITTLE ROCK – Attorney General Tim Griffin today announced that he has joined the U.S. Department of Justice and a bipartisan coalition of 29 other attorneys general in filing an antitrust lawsuit against Ticketmaster and its parent company Live Nation Entertainment, Inc., over its illegal monopoly of the live entertainment industry:

“Arkansans—whether they are concert goers, artists, or venue operators—are at the mercy of Live Nation and Ticketmaster when it comes to live entertainment. Live Nation’s monopoly dictates which artists play where, prevents venues from using other ticketing companies at the risk of losing access to artists, and milks fans with large service fees in a so-called marketplace where there is a paucity of choice. Live Nation is also in violation of Arkansas’s prohibition on monopolies and our state’s Unfair Practices Act.”

In the lawsuit, filed in the U.S. District Court for the Southern District of New York, the DOJ and coalition states allege that Live Nation has:

• Harmed fans through higher fees and limited the amount of information fans have regarding the ultimate cost to see a show. Fans’ ticketing experience—from buying a ticket to showtime—is also worse than it would be if the industry were competitive.

• Maintained its monopoly in ticketing markets by locking up venues through restrictive long-term, exclusive agreements and threats that venues will lose access to Live Nation-controlled tours and artists if they sign with a rival ticketer.

• Leveraged its extensive network of venues to force artists to select Live Nation as a promoter instead of its rivals, maintaining its promotions monopoly.

The DOJ and coalition states are asking the court to prohibit Live Nation from engaging in its anticompetitive practices; order Live Nation to divest its ownership of Ticketmaster; and order Live Nation to pay civil penalties for its violations of law.

Joining Griffin in the suit are the attorneys general from: Arizona, California, Colorado, Connecticut, the District of Columbia, Florida, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

To read the complaint, click here.

For a printer-friendly version of this release, click here.