So who’s going to be running the show as the Department of Justice launches its biggest anti-trust case in years, working to block AT&T’s takeover of T-Mobile? Not Assistant Attorney General for Antitrust Christine Varney who stepped down in early July. And not her replacement. Probably if a replacement were named, the replacement couldn’t be confirmed. But not to worry, “[t]he Obama administration has yet to nominate a replacement” so there’s no way to even complain about Senate obstructionism on this front.
As it happens, Acting Assistant Attorney General Sharis Pozen seems perfectly well-qualified to run the division. So if President Obama and Attorney General Holder are satisfied with her running it, why not nominate her? Why not a recess appointment? Or if they’re so sure they want someone else, why not pick someone? The obstructionism Senate Republicans have engaged in on nominations is egregious, but the administration’s inattention to the issue remains their biggest mistake.