Pam Bondi is set to confront an ethical dilemma as attorney general
Together with her firm, she represents clients engaged in legal disputes against the U.S. government.
Now, some of her firm's clients are engaged in legal battles with the Justice Department, which she is set to lead. Corporate interests are cautiously optimistic that her appointment will signal an administration more aligned with their priorities compared to President Joe Biden's.
Bondi’s confirmation as attorney general could be advantageous for large U.S. corporations facing challenges with the Justice Department, including health care giant UnitedHealthcare and the social media platform TikTok. Lobbying disclosures indicate that these companies have paid significant sums to Bondi’s current firm, Ballard Partners.
Her confirmation raises numerous ethical questions about the access she might offer to her former firm and whether she will recuse herself from cases involving Ballard.
Currently, Bondi, who has not yet resigned from her position as a D.C.-based partner at Ballard, chairs the firm’s corporate regulatory compliance practice, focusing on Fortune 500 clients. Since 2019, her lobbying efforts have included major companies such as Amazon, General Motors, Fidelity National Financial, Uber, and Carnival North America. She is a key advisor to the firm's president, Brian Ballard.
Bondi has also represented the GEO Group, a private prison corporation that receives substantial federal contracts, making the Justice Department a significant client.
At present, she is registered to lobby for the Major County Sheriffs of America, which pays her firm $50,000 quarterly; the Florida Sheriffs Risk Management Fund, which pays $20,000 quarterly; and the Florida Sheriffs Association, also paying $20,000 quarterly. A former personal attorney to Trump, Bondi has handled corporate regulatory matters at the Florida-based law firm Panza Maurer.
“It is essentially impossible to organize a Justice Department ethically in light of the breadth of Bondi’s connections,” stated Jeff Hauser, founder of the progressive Revolving Door Project, who added that even if Bondi refrains from involvement in certain cases, she could still influence departmental decisions in favor of specific companies, such as Amazon.
Bondi did not respond to a request for comment, and a spokesperson for Amazon declined to provide one.
Corporate leaders had previously expressed concern that, under Trump, they might lose support among GOP allies as the party adopted a more populist stance. However, with Bondi’s potential appointment, many in business circles are hopeful for a shift away from the Biden administration's corporate scrutiny and to avoid the anti-corporate sentiment that emerged during the Trump campaign.
“Pam may reinforce that idea that we’re going back to normalcy on deal flow,” remarked one Republican lobbyist, speaking anonymously. “Everyone believes that she’s approachable… She understands that companies need to have an opportunity to be heard.”
The technology sector is particularly optimistic about her nomination, especially in contrast to former lawmaker and antitrust advocate Matt Gaetz, whose earlier nomination for attorney general did not succeed. Tech companies have been battling against anti-monopoly initiatives at the Justice Department, overseen by Assistant Attorney General Jonathan Kanter. With Bondi's nomination, industry representatives see a potential retreat from the economic populism that has targeted them.
Among the various legal actions the Justice Department is pursuing against major tech firms is ongoing litigation against TikTok and its parent company ByteDance for alleged violations of child privacy laws. The department is also defending a law that would mandate ByteDance to divest TikTok, which has been opposed by Trump in the past.
TikTok engaged Ballard to lobby in early August, according to federal records, compensating the firm $50,000 in the third quarter to lobby Congress on “issues related to internet technology, regulation of content platforms.”
“A pick like Pam Bondi does signify a return to more of a centrist approach to really all of business,” said a lobbyist for major tech firms. “We're cautiously optimistic and supportive of her nomination.”
In her tenure as Florida's attorney general, Bondi faced criticism from progressives for her decisions to not pursue corporate interests. Notably, she opted not to seek penalties against Trump University after receiving a $25,000 donation from the Trump Foundation to a group supporting Bondi. She has maintained that this donation did not influence her actions.
Additionally, The New York Times reported in 2014 that she refrained from prosecuting Accretive Health, a hospital bill collection firm, after a law firm affiliated with the business lobbied her office.
"All nominees and appointees will comply with the ethical obligations of their respective agencies,” stated Brian Hughes, a spokesperson for the Trump transition team.
Brian Ballard characterized Bondi as “one of the most ethical straightforward political figures [he’s] ever dealt with.” He expressed confidence that she would implement measures to prevent conflicts from her prior work and assured that his firm would adhere to relevant rules.
Ballard launched his firm in Washington at the beginning of Trump’s presidency, making it known for its close ties to Trump. Another alumna of his firm, Susie Wiles, was appointed as Trump’s chief of staff, although she was reportedly pressured to leave.
If confirmed, Bondi would step into the role as the Justice Department moves forward with litigation against another client of Ballard Partners, UnitedHealth. The Biden administration, alongside various states, is attempting to block UnitedHealth’s acquisition of Amedisys, arguing that such a merger would reduce competition in the health care sector. Ballard began lobbying for UnitedHealthCare Services, a UnitedHealth subsidiary, at the federal level last summer.
As attorney general, Bondi would also oversee drug policy, including potential adjustments to federal marijuana regulations, with the cannabis company Trulieve having been a client of Ballard Partners for several years, focusing on “medical marijuana policy and regulation.”
However, advocates of good governance voice concerns regarding Bondi's corporate affiliations. Rick Claypool, a research director with the consumer advocacy group Public Citizen, highlighted the broader problem of the Justice Department’s revolving door and worries that Bondi's history of protecting businesses from enforcement actions could influence her management of the department.
“We know the corporate defendants are going to use every advantage that they can get to try to argue to get out of enforcement actions,” he warned. “So I think it's gonna be really important that the front line DOJ prosecutors who are investigating and bringing cases against former clients are able to do their jobs without interference.”
James del Carmen contributed to this report for TROIB News