Watchdog Flags Ethics Landmine for Biden Admin in Landmark Affirmative Action Case

A watchdog group is asking the Justice Department about its decision to waive ethics rules and let the administration's top Supreme Court lawyer argue a landmark affirmative action case involving her former employer, the Washington Free Beacon has learned.

Protect the Public's Trust filed a Freedom of Information Act request Wednesday for information about Solicitor General Elizabeth Prelogar's involvement with a legal brief the administration filed urging the Court to reject a lawsuit accusing Harvard of bias against Asians. Prelogar, a former Harvard employee, is barred by the Biden administration's ethics pledge from participating in the case without a waiver.

The request seeks all records relating to the decision to grant Prelogar a waiver, as well as communications involving Prelogar and the case, Students for Fair Admissions v. Harvard.

An ethics screwup would be an unwelcome addition to the case, which is a sensitive matter for the Biden administration. President Joe Biden had to resolve a dustup with Asian Democrats over the dearth of Asian nominees to top political posts early in his term. And some Asian affinity groups have quietly expressed frustration with Vice President Kamala Harris, who they say prioritizes her black roots over her Indian ones.