Former officials from the Biden administration have made it challenging for agencies to stop certain grants. They are backing legal efforts to secure funding that was awarded prior to President Trump taking office.
Daniel Jacobson, who was a general advisor in Biden’s Office of Management and Budget (OMB), is pushing back against the Trump administration. He aims to recover billions from various departments, including Education (ED), the Environmental Protection Agency (EPA), Health and Human Services (HHS), and the U.S. Agency for International Development (USAID). He has also filed a lawsuit against OMB.
Michael Chamberlain, trust director at Protect the Public, commented on Jacobson’s situation, indicating it raises several questions. He noted that former government lawyers have certain legal obligations they must adhere to after leaving their positions, particularly regarding federal ethics and related regulations. These standards are particularly relevant in DC, where Jacobson is a member.
“If government lawyers use confidential information from their agency in litigation against that same agency, it certainly poses ethical issues,” Chamberlain explained. “We don’t know all the details, but it certainly prompts concerns.”
Jacobson has not responded to any requests for comment.
In his previous role, Jacobson dealt with federal budget issues. His bio states that he oversaw changes to the Uniform Grant Guidance adopted by the government in October 2024. This change significantly affected how the government can terminate grants, stating that they cannot do so merely because the award doesn’t meet current program goals, unless a specific termination clause is included.
In March, Jacobson launched his own firm, Jacobson Lawyers Group, aimed at providing various services for entities impacted by the administration’s funding decisions. He stepped down from OMB in January.
His experience from his time at OMB gives him insights that many private practitioners may lack, coupled with a history of successful litigation.
Additional lawyers working in his firm also have backgrounds in the Biden administration: Lin Eisenberg served in the Department of Labor and adviser Robin Lange has worked as a principal assistant. Moreover, associate Nina Cahill was part of the legal department at the Consumer Financial Protection Bureau.
Both John Robinson and Kyra Snow, who now work at Jacobson’s firm, previously held positions at the Biden Department of Justice (DOJ). Snow notably defended a case concerning free speech related to the administration’s request to censor content, while Robinson defended a moratorium on evictions during the COVID-19 pandemic.
Federal law restricts former officials from influencing government matters they previously worked on, which presents a potential dilemma for Jacobson. Richard Painter, a former Chief House Ethics Attorney, pointed out the legalities surrounding whether Jacobson is attempting to influence issues related to specific grants he dealt with at OMB.
Jacobson has been involved in at least five lawsuits against the Trump administration, but it’s unclear if he is actively focused on any grants during his time with OMB.
He submitted an amicus brief in support of the Climate United Fund’s lawsuit against the EPA, highlighting ongoing funding debates. On Biden’s last day in office, the EPA allocated $20 billion for a greenhouse gas reduction fund; however, concerns about mismanagement have been raised regarding these funds.
In March, Climate United initiated a lawsuit over suspending grants awarded in 2024, suggesting behind-the-scenes dealings to limit Citibank’s involvement.
Additionally, Jacobson has filed complaints regarding frozen USAID funds, arguing that neither the President nor his aides have the authority to block funds set by lawmakers.
His involvement extends to supporting litigation related to grants tied to diversity and inclusion efforts that have faced termination.
He has also shown support for challenges from nonprofit organizations aimed at the HHS regarding grants directed towards low-income communities.
