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Posts Tagged ‘Lobbying’

It’s amazing that Newt Gingrich has been able to depict himself as a “Reagan conservative” and surge to the top of the Republican field.  After all, soon after he left public office he began to do “consulting” work for Freddie Mac, the mortgage giant at the center of the housing crisis that crippled our economy.  Freddie Mac paid Gingrich’s consulting firm at least $1.6 million from 1999 to 2008.  It’s not the kind of resume that you would expect to find in a Tea Party favorite, given the Tea Party’s disdain for the cash-soaked, insiders culture of Washington, D.C.

Gingrich’s firm has now released one, but only one, of its contracts with Freddie Mac.  The contract covers only one year, which is curious.  Has the Gingrich Group really misplaced the other lucrative contracts?  If so, what does that tell you about Gingrich’s managerial abilities?  And if he really has misplaced the other contracts, why not just get copies of them from Freddie Mac and produce them all, so we can see what the entirety of the arrangement was?

The article linked above reprints the one contract that Gingrich’s firm produced.  It’s not scintillating reading — few contracts are — but it reveals that Gingrich’s firm reported to the Freddie Mac Public Policy Director, whom the Post article identifies as a registered lobbyist.  The firm was paid a retainer of $25,000 a month, which means its compensation wasn’t tied to how much work it actually did.  The description of what Gingrich’s firm was supposed to do is found in Exhibit 2, which states only that the firm was to provide “consulting and related services, as requested by Freddie Mac’s Director, Public Policy.”

However, Section 2(b) of the contract says that Gingrich’s group was to submit “an invoice that includes a detailed description of the Services performed” in order to get paid.  I hope a reporter somewhere is using public records requests and other methods to try to get those invoices, which might shed light on whether Gingrich really acted as a historian, as he states, or as a lobbyist and influence-peddler, as his opponents contend.  Interviewing the people that Gingrich reported to, and who requested the “consulting and related services,” would be a good idea, too.

I suppose it is possible that Freddie Mac paid more than $1.6 million for Gingrich to serve as a kind of historian.  After all, Freddie Mac was not exactly a paragon of fiscal responsibility, so it may well have spent $25,000 a month for unspecified historian duties even though its business involved mortgages, not histories.  Or, perhaps, Freddie Mac paid the former Speaker of the House to do other things.  It would be nice to know where the truth lies.

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When the idea of the Joint Select Committee on Deficit Reduction was raised, I expressed the hope that Congress would take steps to ensure that the people who served on the “Super Committee” did not trade on their membership for fundraising purposes.

Alas, my hopes were promptly dashed.  According to Roll Call, about two hours after Representative Xavier Becerra, a California Democrat, was named to the “Super Committee,” emailed invitations to a fundraiser touted his appointment and asked attendees to make a “suggested contribution” of $1,500 to “Becerra for Congress.”  The email pointedly states: “This will be Mr. Becerra’s first event since being named to the commission and may be one of the first for any of the twelve members of the group,” and adds, “This event could give all attendees a glimpse into what will most assuredly be the primary topic of discussion between now and the end of the year.”

Becerra says he did not know about the solicitation.  “I did not know, did not ask, would not ask and I will not ask any of my supporters to use my appointment to the select committee for purposes outside its principle [sic] focus,” the Roll Call article quotes him as saying. “That’s my position today and that’s what my position will be for my tenure on the committee.”

Let’s take Representative Becerra at his word.  Isn’t the real problem, though, that in our current system flunkies and cronies and lobbyists can do the wink-wink/nudge-nudge messaging for the candidate, who stays above the unseemly touting?  Incidentally, the Roll Call article reports that the fundraiser is going forward, despite the controversy about the email and invitation linking Becerra’s service with a suggested contribution to his campaign.  I wonder how many $1,500 checks will be made out to “Becerra for Congress”?

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Here’s an interesting side-effect of the debt ceiling compromise:  the 12 members of Congress appointed to the Joint Select Committee on Deficit Reduction charged with coming up with a plan to wring $1.5 trillion in savings out of the federal budget will be extraordinarily inviting targets for intense, all-out lobbying.

This should not surprise anyone.  Even by Washington standards, $1.5 trillion is a lot of money.  AARP, farming interests, NPR, corporations, hospitals, colleges, state and local governments, and all of the various special interests who could lose part of their federal funding or their special tax breaks will be willing to do whatever it takes to protect their turf and make sure the cuts come out of somebody else’s hide.  Lobbyists who have good relationships with any of the Joint Select Committee members will be in high demand.  Lobbyists who don’t will be sucking wind.  And for the special interests, it’s not a bad deal — instead of having to lobby 535 Senators and Representatives for years at a time, they only need to influence the decisions of 12 people who must submit their recommendation within a few months.

So, every lobbyist on K Street will be keenly interested in who gets appointed to the Committee.  Let’s hope that Congress takes steps to ensure that whoever is selected to serve on this stunningly powerful, temporary entity doesn’t have the opportunity to capitalize on their status by having constant fundraisers between now and the date the Joint Select Committee’s recommendation is due.  The “Divine Dozen” are being entrusted with enormous responsibility.  They should all pledge not to seek any campaign contributions, fund-raising support, or any other form of benefit during their term of service on the Joint Select Committee.  The Committee’s recommendation will be controversial enough without people wondering if a few well-placed contributions influenced its decision-making.

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Today a federal district court judge in Virginia ruled that the “individual mandate” provision of the “health care reform” legislation — that is, that portion of the statute that would require people to purchase health insurance or pay a penalty — is unconstitutional.

Judge Henry Hudson concluded that the individual mandate “exceeds the constitutional boundaries of congressional power.”  He found that the commerce clause, which gives Congress the authority to regulate interstate commerce, does not permit Congress to regulate a person’s decision not to purchase a product.  Although there are other court rulings that have upheld the “health care reform” legislation, Judge Hudson’s decision is significant because it reflects an interesting approach to skirting the broad powers afforded Congress through the commerce clause.  In effect, Judge Hudson is saying that if individuals choose not to purchase a good or service they are not engaged in commerce, and therefore they necessarily are beyond Congress’ regulatory power under the commerce clause.

Of course, this issue will be addressed by federal appellate courts and, ultimately, will be decided the Supreme Court.  Until then, it is an issue that Americans of all political stripes may well want to consider.  Supporters of the “health care reform” legislation want that law to be upheld — but do they really want a court ruling that says that Congress can force Americans to buy products or take other actions in furtherance of commerce?  In other instances, federal law requirements are simply attached to a decision and therefore become part of the individual decision-making process.  If I want to work, for example, I have to pay Social Security and have income tax withheld from my wages.  If I don’t want to pay Social Security, I can choose not to work.  With the “individual mandate,” however, there is no choice.  Simply by virtue of being an American, you become obligated to buy health insurance.

When we speak of constitutional doctrine, we have to take the long term view and look past the relative merits of the statute at issue.  If the Supreme Court rules that Congress has the constitutional power to force us to buy health insurance, what’s next?  Smoke alarms?  Government bonds?  Subscriptions to the Congressional Record?  And if we think the corruption and influence of lobbyists is out of control now, what will it be like if corporations and interest groups learn that, through some deft lobbying work, they can achieve passage of legislation that will require us to spend our money for their goods and services?

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As UJ notes in his recent post, Democratic Representative Mary Jo Kilroy always notes that her challenger, Republican Steve Stivers, was a “banking lobbyist.”  I assume that means that focus groups are indicating that “banking lobbyist” has sure-fire negative connotations, like “axe murderer” or “convicted felon.”

Representative Kilroy’s negative harping on Stivers’ service as a “banking lobbyist” is weird because lobbyists, of course, routinely interact with legislators — like Kilroy.  If the notion is that lobbying is some intrinsically corrupt job, it is because the legislative process of which Kilroy is a part is corrupt.  What kind of message is that for a Member of Congress to be sending?

Perhaps the negative element of “banking lobbyist” that Kilroy is emphasizing is not the “lobbyist” part, but the “banking” part.  If so, it’s too bad.  Grampa Neal was a banker, and a pretty successful one at that.  Like George Bailey in It’s a Wonderful Life, Grampa helped steer his bank safely through the Great Depression, made lots of very prudent loan (and no-loan) decisions that helped businesses and families, and presided over the bank’s steady growth over a period of several decades.  If Grampa Neal ever used a lobbyist, I am sure it was done properly and for good reason.  I therefore don’t necessarily associate the phrase “banking lobbyist” with something nefarious.

I guess we will find out in November whether voters in the 15th District think “banking lobbyist” has worse connotations than “incumbent Member of Congress.”

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