FOIA Request: U.S Department of Education’s Records Related to Deputy General Counsel Toby Merrill’s Ethics Pledge, Ethics Pledge Waivers, and Conflict of Interest Communications
| Agency | Department of Education |
|---|---|
| Type | FOIA Request |
| Issue | Borrower DefensePolitical Appointees |
| Tracking | DFI FOIA No. 100-19-22 |
| Date | May 11, 2022 |
Since January 20, 2021, the U.S. Department of Education has unilaterally initiated massive changes to its student loan debt policies, discharging the debts of millions of students and is on the brink of implementing federal rules to erase billions of dollars in additional student loan debt (even as it discontinues its own debt collection efforts). In July 2021, ED hired as Deputy General Counsel an attorney who previously founded and directed Harvard Law School's "Project on Predatory Student Lending" ("PPSL"), which has been a direct litigant against the Department in critical student loan debt lawsuits for several years. ED's litigation positions are now largely tracking PPSL's positions. Under ED's ethics requirements, political appointees must divulge conflicts of interest and engage in ethics pledges to not participate in matters in which a former employer either was a party or represented a party in pending matters. In its FOIA request, DFI seeks records of an ethics pledge, any pledge waivers issued by the Department, and other related conflict of interest communications.
Request Response Response