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When federal agencies like the DOJ are seen as indifferent to corporate corruption, State Attorneys General (AGs) are stepping up. They have the power to enforce federal laws like antitrust and use state-level tools to investigate, effectively becoming the primary check on corporate power.

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A proposed strategy suggests Democrats use congressional subpoena power to uncover federal crimes, then coordinate with Attorney Generals in blue states to prosecute those crimes under state law, thus circumventing the protection of a presidential pardon.

The current era of exploitative digital platforms was made possible by a multi-decade failure to enforce antitrust laws. This policy shift allowed companies to buy rivals (e.g., Facebook buying Instagram) and engage in predatory pricing (e.g., Uber), creating the monopolies that can now extract value without competitive consequence.

The perception of the DOJ as a political tool is no longer a one-sided complaint. Republicans cite prosecutions of figures like Steve Bannon, while Democrats point to Trump's direct influence on indictments. This shared belief from both sides of the aisle is causing a complete erosion of the institution's credibility as an independent body.

As traditional economic-based antitrust enforcement weakens, a new gatekeeper for M&A has emerged: political cronyism. A deal's approval may now hinge less on market concentration analysis and more on a political leader’s personal sentiment towards the acquiring CEO, fundamentally changing the risk calculus for corporate strategists.

Instead of only auditing agencies that spend money, a more impactful strategy is to audit the regulators overseeing entire industries like insurance and utilities. Drew Warshaw suggests this meta-audit can uncover systemic failures in how monopolies and critical services are managed for the public interest.

Despite the risk of a fragmented legal landscape, the slow pace of federal AI legislation makes state-level action essential. States are acting as "laboratories of democracy," pioneering regulatory approaches that can later inform a much-needed national framework.

By representing organizations that own shares in a company, public interest law firms can make "books and records" demands. This standard corporate governance tool becomes a powerful mechanism for investigating potential quid pro quo deals between corporations and government officials.

Despite the federal DOJ settling its case against Live Nation, dozens of state attorneys general are continuing the lawsuit. This demonstrates a trend of states stepping in to enforce antitrust laws, serving as a critical check when federal enforcement is perceived as weak or politically influenced.

Beyond headline-grabbing scandals, the most insidious impact of a kleptocratic administration is its refusal to enforce existing laws, from financial regulations to anti-corruption acts. This quiet dismantling of the legal framework fosters a culture of impunity where bad actors thrive, ultimately harming ordinary people and destabilizing the entire system.

Rather than reacting after the fact, a coalition of Democratic state Attorneys General has been actively planning and preparing legal challenges based on potential Trump administration actions detailed in documents like Project 2025. They aim to have complaints ready to file immediately, ensuring they are not "caught flat-footed."

State Attorneys General Are Filling the Void Left by Federal Corporate Enforcers | RiffOn