It’s expected that Liebowitz will leave the FTC by the end of the year, and he’d like to wrap up the Google antitrust case before he does. But if he decides that his swan song will be another softball settlement for Google, his legacy at the FTC would likely be the agency’s irrelevance in the digital age.

FTC Commissioner Edith Ramirez refuses to contradict Rocsch, refuses to endorse the settlement, and won’t go on the record saying that she knew that Google would be allowed to keep the stolen data.