Joel Fleming

We are looking to hire lawyers to do legal and policy research on the laws that structure the economy, from banking law, administrative law, and antimonopoly laws, to state and municipal authorities. Excavating the full range of public economic laws will be a key component of delivering major economic change. Apply here to come work with us: law-and-economy.law.columbia…

Why should Congressional Democrats investigate corporate America if their mandate is to deliver real economic change? Because investigations are a key catalyst for securing reform and legislation. For much of the last century, Congress used to be the main institutional player working to secure an economy that serves working people. A key tool was oversight. Lawmakers routinely investigated complex markets and major corporations, identifying problems and exposing wrongdoing. A major goal of these investigations was to learn what was driving certain problems and figure out how to fix them. After Democrats took back the House during the first Trump administration in 2019, I joined the House Judiciary Committee as a staffer on the Antitrust Subcommittee. Under the terrific leadership of @RepJerryNadler and then-Rep @davidcicilline, we pursued an 18-month investigation into Amazon, Apple, Facebook, and Google, securing key evidence of how their business practices were undermining competition and harming people, setting the basis for both lawsuits and proposed legislation. A few lessons from that experience: 1. The quality of legislative oversight depends on the staff and the support of top members to confront power. Committee and Subcommittee Chairs that are focused on getting answers and unafraid to take on powerful corporate interests will make the difference between oversight that doesn’t surrender to their evasion tactics and oversight that aims low or flames out. Even a relatively small number of dogged, talented lawyers ready to dive in can make a big impact. In the 1930s a single congressional lawyer, Ferdinand Pecora, helped reshape our entire banking system by subpoenaing records and interrogating top financiers, including J.P Morgan. The investigation exposed self-dealing, market manipulation, and tax avoidance, and laid the groundwork for foundational New Deal legislation, including the Glass-Steagall Act and the Securities Exchange Act. 2. Eliminating bottlenecks to moving investigations forward is key. For example, the House should make sure that Subcommittee Chairs can issue subpoenas rather than needing the sign-off of the full Committee or its Chair. A credible threat of sending subpoenas is critical for credible oversight. 3. Ensuring that members can develop the muscle to effectively interrogate CEOs requires investing in real preparation. In the lead up to the hearing with Bezos, Pichai, Cook, and Zuckerberg, the Antitrust Subcommittee spent months reviewing millions of documents collected from the firms, interviewing affected parties, briefing members on key evidence, and conducting practice hearings. Members came into the hearing deeply informed and able to rebut and call out CEO dissembling. The result was some of the most effective member questioning of executives we’ve seen in decades. @TheProspect wrote up a great overview: prospect.org/2020/07/30/triu… 4. For decades, institutional capacity in Congress has been extremely weak. Much of this traces back to the Gingrich Revolution, which was effectively the 1995 DOGE-ing of Congress. Republican leadership fired over 600 professional staffers, eliminated the Office of Technology Assessment, and gutted research capacity. None of that capacity was ever meaningfully restored. As a result, members have way fewer resources to develop serious expertise or go deep on a new topic. Members should start rebuilding that capacity so the institution can fully play its Article I role, where Congress can again do serious policy development and legislating and serve as a real check on the executive and judicial branches. 5. AI markets should be high on the list of investigations. The business decisions of the major AI firms have huge public ramifications, yet the public is at a severe informational disadvantage when it comes to how these markets work and the choices these firms are making. A congressional investigation will help ensure future legislative action is based on a more complete view of what is going on rather than selective and partial corporate disclosures.