A former official from the Biden administration, Daniel Jacobson, who previously served as the general counsel of Bidens Office of Management and Budget (OMB), is now actively supporting several legal actions aimed at ensuring that funds granted prior to President Donald Trump's tenure continue to be channeled to left-leaning organizations.
Jacobson's actions have raised eyebrows, particularly due to his previous role in making it more challenging for agencies to terminate certain grants.
Michael Chamberlain, director of Protect the Publics Trust, expressed his concerns to the Daily Caller News Foundation, stating that Jacobson's involvement "raises many questions." He pointed out that former government lawyers are bound by "obligations regarding what legal matters they can work on after leaving government service, under both federal ethics law and under professional rules of conduct." Chamberlain further noted that these rules are particularly stringent as adopted by the DC Bar, where Jacobson is a member.
Chamberlain elaborated, "If a government lawyer were to learn client confidences or secrets during his representation of an agency and use such information in litigation against that very same agency, it could very well implicate these ethics obligations." He added that while it's not clear if this is the case with Jacobson, the situation certainly raises many questions.
According to the Daily Caller, Jacobson, in his previous role, was instrumental in handling issues related to federal appropriations and funding within the Executive Branch. He was responsible for overseeing revisions to the Uniform Grants Guidance adopted by agencies in October 2024.
This significant change impacted the government's ability to terminate a grant "if an award no longer effectuates the program goals or agency priorities," as explained by the law firm Holland & Knight.
The firm further clarified, "Specifically, the government is unable to unilaterally terminate an award for this purpose for grants awarded after Oct. 1, 2024, unless the parties specifically included this as an express termination provision in the grant award itself."
Jacobson recently announced the launch of his own firm, Jacobson Lawyers Group, in March. The firm aims to offer "a full suite of services to entities impacted by the Administrations funding actions," as stated on its website. Jacobson's firm boasts of his unique insights and successful litigation track record, gained from his time as General Counsel at OMB.
The firm also includes other attorneys who held roles within the Biden administration. Lynn Eisenberg served as principal deputy general counsel for the Department of Education (ED), Robin Runge was part of the Department of Labors transition team, and associate Nina Cahill worked in the Consumer Financial Protection Bureaus Legal Division. John Robinson and Kyla Snow, both now counsel at Jacobsons firm, previously worked at the Biden Department of Justice (DOJ).
While serving at the DOJ, Snow defended the administrations requests for platforms to censor content in the free speech case Missouri v. Biden. Robinson defended the U.S. Naval Academys race-based admissions policies and the Centers for Disease Control and Preventions eviction moratorium during COVID-19.
Richard Painter, former chief White House ethics lawyer under George W. Bush, explained to the Daily Caller News Foundation that federal law prohibits former officials from attempting to influence the government, including a federal court, on a matter where they "participated personally and substantially as such officer or employee."
Jacobson's name has been linked to at least five lawsuits against the Trump administration, although it remains unclear whether he directly worked on the grants involved while at OMB.
In one instance, Jacobson filed an amicus brief on behalf of the Natural Resources Defense Council to support the Climate United Funds lawsuit against the Environmental Protection Agency (EPA). The lawsuit was filed in response to the EPA's "de facto suspension" of a grant awarded in 2024 by taking "behind-the-scenes efforts to cause Citibank to withhold" funds in an account.
Jacobson also sued the OMB directly in April over its decision to stop operating its website that makes apportionments public. Trumps OMB Director Russ Vought had expressed concern that disclosing "sensitive, predecisional, and deliberative information" could "pose a danger to national security and foreign policy."
In another case, Jacobson filed an amended complaint in April seeking disbursement of frozen USAID funds to multiple groups, including the American Bar Association. The lawsuit alleges that "Neither the President nor his subordinates have authority to thwart duly enacted statutes and substitute their own funding preferences for those that Congress has enacted through legislation, or to delay or defer for policy reasons the obligation and expenditure of funds that Congress has appropriated."
Jacobson also filed an amicus brief supporting a lawsuit brought by multiple nonprofits against the Education Department over grants terminated due to diversity, equity, and inclusion (DEI) initiatives. He also appeared in the nonprofit organization Child Trends lawsuit against the Department of Health and Human Services for canceling grants, including one to "develop a research center on the strengths and needs of Hispanic children and families with low incomes."
Jacobson's actions, while legal, raise questions about the ethical implications of a former government official using their insider knowledge to influence the distribution of federal funds. His involvement in these lawsuits underscores the ongoing tension between the Biden and Trump administrations over the allocation of federal grants.
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