Monitoring democratic institutions through public records
rulemaking
Independent agencies derive authority from statutory mandates, not executive direction. Centralized regulatory review (e.g., OIRA clearance of independent agency rules) or executive orders overriding agency expertise undermine the administrative state's capacity for evidence-based policymaking.
Independent agencies answer to law rather than to the White House; capture them once, and they answer to every future White House. Why this matters →
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AI content assessment elevated
Document review shows a sustained, high rate of clear-departure documents. Warrants close examination of the underlying record.
Three executive actions published during the week of March 10, 2025, exhibit a common pattern: the use of presidential authority to impose politically directed conditions on entities or programs that ordinarily operate under independent statutory frameworks. This marks the seventh consecutive week at the ConfirmedConcern level, with 60% of documents receiving detailed AI review assessed as clearly concerning—substantially above the 2022 baseline concern rate of 2.9%.
Why this might matter: the actions identified this week could affect the operational independence of federal agencies—including the Department of Education, the intelligence community's security clearance process, and state-level environmental regulators—by substituting executive political judgment for the expert, law-bound discretion these institutions were designed to exercise. If sustained, this pattern may indicate a structural shift in how independent agency rulemaking and statutory programs are directed from the White House.
The most striking action is Addressing Risks From Perkins Coie LLP, an executive order that suspends security clearances, terminates government contracts, and bars facility access for a named private law firm. The order's stated rationale references the firm's representation of "failed Presidential candidate Hillary Clinton" and its work with "activist donors including George Soros," framing political legal advocacy as a security risk. It further directs the Attorney General to investigate the firm and "large law firms" generally for civil rights compliance. The most plausible benign interpretation is that the administration views the firm's past conduct—particularly the Steele dossier matter and DEI hiring quotas—as genuinely disqualifying under existing security and contracting standards. A second alternative is that this represents aggressive but legally defensible use of the president's broad authority over classified information and executive branch contracting. A third possibility is that these measures are part of a broader effort to ensure national security and compliance with federal law across government contractors. However, naming a single firm by executive order, citing its clients and donors, and directing investigative attention at an entire professional class goes well beyond routine security or procurement administration and raises concerns that it could function as targeted action against political adversaries, even if that is not the stated intent. The potential chilling effect on firms that might represent clients opposing the administration remains significant regardless of whether the order survives judicial review.
Restoring Public Service Loan Forgiveness directs the Secretary of Education to redefine "public service" to exclude organizations with a "substantial illegal purpose," but the listed criteria encompass activities protected by the First Amendment, such as advocacy related to immigration policy and transgender healthcare. The strongest counter-argument is that Congress's original statute does not define "public service" with precision, leaving room for executive interpretation, and that excluding organizations engaged in genuinely illegal conduct is a reasonable policy choice aimed at maintaining the integrity of federally funded programs. A less persuasive but possible alternative is that the order merely codifies existing legal boundaries. However, the breadth of the listed exclusions—including "aiding or abetting" immigration violations, "patterns of violating State tort laws" such as trespassing and disorderly conduct—could potentially disqualify a wide range of advocacy nonprofits, raising the concern that student loan policy may be used as leverage against disfavored civil society organizations.
The Stop CARB Act of 2025 is a legislative proposal rather than an executive action but warrants attention in this category. It would eliminate California's longstanding Clean Air Act waiver (Section 209(b)), removing a federalism provision embedded in environmental law since 1967. The most likely benign framing is that this reflects a legitimate policy disagreement about regulatory uniformity for automakers and a desire to streamline compliance across states. A secondary explanation is that Congress has full authority to amend its own statutes. Nevertheless, eliminating a state's independently exercised regulatory authority—one built on decades of scientific and administrative expertise—represents a significant centralization of power and removal of a structural check.
Limitations: With only 18 documents in the sample, small fluctuations can significantly affect percentages; the elevated share of executive actions (55.6% vs. 21.6% baseline) is notable but should be interpreted cautiously given sample size. This analysis is AI-generated and does not constitute a finding of fact; independent legal and policy review of each action is warranted.