Abuse of Power

As President Biden convenes his international Summit for Democracy this week, he faces a crisis of democracy here at home. Bolstering international democracy is critically important, but we must also get our own house in order. Our crisis did not begin with the insurrection at the U.S. Capitol, nor did it end there.  Parroting Donald Trump’s Big Lie and aided and abetted by the U.S. Supreme Court’s gutting of the Voting Rights Act under Chief Justice John Roberts, GOP-controlled legislatures across the country have ushered in a new Jim Crow era.

Common Cause is urging every member of the U.S. House of Representatives to vote “yes” in support of the Protecting Our Democracy Act (H.R. 5314), in order to provide greater checks and balances to the vast powers of the presidency in the wake of the unprecedented abuses of those powers by the administration of Donald Trump. The letter, sent yesterday to every Member of the House, emphasizes that the proposed legislation will create new mechanisms for transparency and accountability that will apply to all future presidents, regardless of their political party. The letter also notes that Common Cause plans to key-vote this legislation in our Democracy Scorecard, which we send to our 1.5 million members.  

Anthony Gutierrez, Texas executive director of Common Cause, said the lawsuit shows the need for Congress to preempt such “racially and partisan gerrymandered maps” by restoring the Justice Department’s authority to put Texas under a microscope on election plans. “While we are grateful for the involvement of the federal government, what we need to stop the five-decade cycle of having to take legal action every 10 years is for Congress to pass the Freedom to Vote Act,” he said.

Bob Phillips, the executive director of Common Cause North Carolina — which successfully sued over gerrymandering in 2019 and forced the maps to be redrawn before the 2020 elections — was in court watching the proceedings since Common Cause was a part of this lawsuit too. He said the group hasn’t decided if they’ll also join other lawsuits but he supports them, since he doesn’t want a repeat of last decade — when the 2012, 2014, 2016 and 2018 elections were all held using maps that were later found to be unconstitutional. “I think that’s dreadful,” Phillips said. “I think when you have, as we saw last decade, laws and policies passed that aren’t really reflective of who we are in North Carolina, I think it contributes to the lack of trust and confidence that people have in our elections.”

Paul S. Ryan, vice president of litigation at government watchdog Common Cause, pointed out that the laws surrounding lobbying for pardons specifically are fuzzy, and before Trump’s final months relatively untested. But he also noted that a number of Trump lobbyists saw fit to disclose that work. “Other lobbyists tied to Trump have reported massive income lobbying the administration for pardons. Any failure by Whitaker to disclose hundreds of thousands of dollars received to lobby the Trump administration warrants close scrutiny,” Ryan told The Daily Beast.

Common Cause is urging every member of the U.S. House of Representatives to vote “yes” in support of the Courthouse Ethics and Transparency Act, HR 5720. The legislation will extend to federal judges, the same conflict of interest reporting requirements that are applied to Members of Congress under the STOCK Act. The letter, sent yesterday to every Member of the House, points to an extensive investigation by The Wall Street Journal that found that over an eight-year period more than 100 federal judges failed to recuse themselves in nearly 700 cases in which they had a financial stake. The letter also notes that Common Cause plans to key-vote this legislation in our Democracy Scorecard, which we send to our 1.5 million members.