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Blog
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Welcome to the Holtzman Vogel Law Blog. We aim to keep you
up to date on important legal developments and other items of interest. On this
blog, we'll track developments in the news and changes to the rules and regulations
affecting political committees, corporate PACs, trade associations, non-profit groups
and advocacy organizations. We'll also keep you updated on the lobbying and ethics
arena. The Law Blog is designed to supplement our regular newsletter.
On behalf of the Holtzman Vogel team, I hope you find this site helpful and interesting.
And we hope you'll become a regular visitor. (If you'd like to receive our newsletter,
please click here to sign up.)
Jill Holtzman Vogel
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Friday, August 20, 2010
Wash. Times: Ethics office warns about waivers
The Washington Times reports "The U.S. Office of Government Ethics is warning federal agencies against retroactively waiving ethics rules for federal employees who've taken actions that pose potential conflicts of interest. Saying it has learned of 'several situations' of employees getting waivers after making questionable moves, the government's independent ethics office issued a memo to agencies across government in April saying such after-the-fact practices are prohibited."
Friday, August 13, 2010
Huff. Post: White House Ethics Initiatives At A Crossroads
The Huffington Post writes, "The Obama White House's ambitious push for accountability and open government has lost steam, and the imminent departure of reform champion Norm Eisen is making some good-government groups anxious about the future....He is not being replaced. Instead, his portfolio, which includes transparency and accountability, campaign finance, lobbying, whistleblower protections and government ethics, is being redistributed both up and down the White House food chain."
Click here to read the entire post.
Friday, June 25, 2010
White House Avoids Lobbyist Transparency by Crossing Street and Using Personal Email Accounts
The New York Times reports that "the Caribou Coffee across the street from the White House has become a favorite meeting spot to conduct Obama administration business. Here at the Caribou on Pennsylvania Avenue, and a few other nearby coffee shops, White House officials have met hundreds of times over the last 18 months with prominent K Street lobbyists — members of the same industry that President Obama has derided for what he calls its 'outsized influence' in the capital....But because the discussions are not taking place at 1600 Pennsylvania Avenue, they are not subject to disclosure on the visitors’ log that the White House releases as part of its pledge to be the 'most transparent presidential administration in history.' ... Attempts to put distance between the White House and lobbyists are not limited to meetings. Some lobbyists say that they routinely get e-mail messages from White House staff members’ personal accounts rather than from their official White House accounts, which can become subject to public review. Administration officials said there were some permissible exceptions to a federal law requiring staff members to use their official accounts and retain the correspondence."
Tuesday, May 25, 2010
WSJ: GOP Takes Aim at Sestak
From the Wall Street Journal's Washington Wire blog: "some GOP lawmakers are intensifying accusations that the White House may have broken the law by offering [Rep. Joe] Sestak a job to get him to drop his Senate bid....The White House was indisputably eager to clear the Democratic field for Specter, who had changed parties in part to avoid a likely defeat in the GOP primary. Sestak said several months ago the administration offered him a post if he dropped out, and he has repeated that several times since, including on Sunday’s talk shows....Rep. Darrell Issa (R., Calif.) says he or another lawmaker will file an ethics complaint against Sestak by July 4 if an outside group doesn’t do so first. In a letter to White House counsel Robert Bauer, Issa cited three provisions of Title 18, the federal criminal code, that he says may have been violated."
Rep. Issa's letter to Robert Bauer is here.
Click here to read the entire post.
Wednesday, January 27, 2010
Legal Times: Ethics Groups Want Changes to Obama Lobbying Ban
From the Legal Times Blog: "A group of nonprofits that lobby have sent President Barack Obama a letter requesting changes in the year-old executive order restricting lobbyists from jobs in the administration. The letter, dated Jan. 21, describes the current ban as well-intended, but flawed. They want to revise who is covered by the law."
Click here to read the entire post.
Tuesday, January 12, 2010
Liberal Interest Groups Give Obama Administration High Marks For Transparency, Ethics
Liberal interest groups Common Cause, Democracy 21, the League of Women Voters and U.S. PIRG (generally referred to by the media as "watchdogs," "good government groups," and "reformers") gave the Obama Administration a strong report card yesterday, praising its efforts "on the Executive Branch lobbying, ethics and transparency reforms." According to their report, "The cumulative effect of the Administration's actions has been to adopt the strongest and most comprehensive lobbying, ethics and transparency rules and policies ever established by an Administration to govern its own activities."
Notably, fellow travelers Campaign Legal Center and Public Citizen did not sign on. As a Politico report noted, "representatives of other groups advocating for transparency said the 'A' grade for open government was either inflated or premature, singling out the C-SPAN pledge, the administration’s use of the state’s secrets provision and the incomplete nature of its transparency initiatives."
Click here to read the entire post.
Monday, January 04, 2010
Eliza Carney, National Journal: Obama Ethics Regime Draws Mixed Reviews
Eliza Carney's latest op-ed in National Journal, on the Obama Administration's ethics rules. Included is this preview of what may be in store: "Reform advocates are gearing up to push yet again for public financing, not just of presidential campaigns but congressional races as well. There's also talk of strengthening the Lobbying Disclosure Act to broaden the definition of "lobbyist" and require more up-to-the-minute reporting. All this ensures that in the new year, the president's uneasy tug-of-war with K Street will only intensify."
Click here to read the entire post.
Sunday, December 27, 2009
The Hill: Obama scores well for first year on ethics, say watchdog groups
The liberal interest groups that make up the "ethics watchdog" community have positive things to say about President Obama, according to this piece in The Hill. But they want more. As the Campaign Legal Center's registered lobbyist Meredith McGehee puts it, this past year 'is like an appetizer. The main course is yet to come.'"
Click here to read the entire post.
Friday, December 18, 2009
Ethics Guidance for the Holiday Season
The House Ethics Committee recently released this memo ("Holiday Guidance on the Gift Rule"), while the Office of Government Ethics issued this guidance ("A Reminder about Holiday Gifts & Fundraising").
Click here to read the entire post.
Monday, December 14, 2009
CLC Memo on Obama Administration Lobbying Initiatives
The self-styled "reformers" at the Campaign Legal Center have issued this memorandum (to no one in particular) summarizing the Obama Administration's lobbying initiatives.
Click here to read the entire post.
Friday, December 04, 2009
Politico: President Obama's lobbying reforms praised by Congressional Research Service
Politico reports "this week, congressional researchers concluded that the administration’s crackdown has 'already changed the relationship between lobbyists and covered executive branch officials' and suggested that Congress might consider enacting similar restrictions on itself. . . . But not everyone was convinced. A lobbying trade group and a left-leaning government watchdog that have been critical of Obama’s clampdown dismissed the report as hollow and slanted toward the administration."
Click here to read the entire post.
Friday, December 04, 2009
New York Times Editorial: No Place for (Registered) Lobbyists
The New York Times editorializes, "The Obama administration has roiled Washington’s special-interest galaxy by deciding to unseat hundreds of registered lobbyists from government advisory boards. A precise roster has yet to be done. But lobbyists clearly should have no place on the more than 915 advisory panels (with 60,000 members) laced across 52 federal agencies that seek 'outside' expert advice. The White House decree to gradually remove them is hardly the death knell of lobbying. But it raises hopes that the administration may be serious about its pledge to ratchet back the in-your-pocket influence of Washington’s — count them — 13,000 registered lobbyists. . . . No one is arguing that the advisory boards are worthless or that their unpaid members are all out for themselves. But 'let some new voices be heard,' as Norm Eisen, the White House ethics counsel, put it. More to the point, why should a registered advocate be afforded an insider’s seat at the table of supposedly objective advisers?"
Click here to read the entire post.
Sunday, November 29, 2009
ABC News: Lobbyists Furiously Lobby White House to Preserve Lobbyist Power
From ABC News' Political Punch: "Lobbyists have been furiously lobbying the Obama White House to oppose restrictions on their ability to lobby. The kafuffle began on September 23 when special counsel to the president for ethics and government reform Norm Eisen wrote that 'the White House has informed executive agencies and departments that it is our aspiration that federally-registered lobbyists not be appointed to agency advisory boards and commissions.'"
Click here to read the entire post.
Friday, November 27, 2009
Washington Post: Lobbyists pushed off advisory panels; White House initiative to limit influence could affect thousands
The Washington Post reports "Hundreds, if not thousands, of lobbyists are likely to be ejected from federal advisory panels as part of a little-noticed initiative by the Obama administration to curb K Street's influence in Washington, according to White House officials and lobbying experts.
The new policy -- issued with little fanfare this fall by the White House ethics counsel -- may turn out to be the most far-reaching lobbying rule change so far from President Obama, who also has sought to restrict the ability of lobbyists to get jobs in his administration and to negotiate over stimulus contracts.
The initiative is aimed at a system of advisory committees so vast that federal officials don't have exact numbers for its size; the most recent estimates tally nearly 1,000 panels with total membership exceeding 60,000 people."
Click here to read the entire post.
Wednesday, November 18, 2009
Office of Government Ethics Determines Executive Branch Employees May Accept Free Tickets From Kennedy Center
The Office of Government Ethics (OGE), which is the ethics agency of the Executive Branch, determined in this memorandum that employees of the Executive Branch may accept free tickets from the Kennedy Center. OGE's rationale was that the Kennedy Center is part of the government. Thus, "Executive Branch employees may receive gifts of free attendance from the Kennedy Center without violating the restrictions on gifts from a prohibited source or gifts because of official position. This conclusion does not extend to gifts of free attendance at Kennedy Center events offered by persons other than the Kennedy Center and its trustees, officers and employees. An offer of free attendance from a source outside the Kennedy Center, even if that source is a sponsor of the specific Kennedy Center event to which the employee is invited, may be accepted only if it falls within other exceptions to the gift rules, such as those pertaining to widely attended gatherings or gifts based on personal relationships."
Click here to read the entire post.
Wednesday, November 11, 2009
The Hill: White House won’t give in on new lobbying changes
The Hill reports "The White House has stonewalled lobbyists seeking changes to a new policy that prohibits them from serving on agency advisory boards. presentatives of trade associations have pleaded with the administration to change the guidance, but won no real concessions at a meeting on Monday. . . . In a post on the White House blog Monday, Eisen indicated the policy will stay despite the complaints."
Click here to read the entire post.
Friday, October 23, 2009
The Hill: Eisen lays out case for limiting lobbyists role
From The Hill: "The White House’s top ethics cop on Thursday defended the Obama administration’s lobbying restrictions that have much of K Street up in arms. Norm Eisen, counsel to the president on ethics and government reform, told attendees of the American Bar Association’s (ABA) fall conference that President Barack Obama was trying to fundamentally change how Washington works, which gives an outsized influence to lobbyists."
Click here to read the entire post.
Thursday, October 22, 2009
Norm Eisen on the White House Blog: Why We Bar Lobbyists from Agency Advisory Boards and Commissions
Norm Eisen defends the Administration's new policy here. Eisen explains, "While we recognize the contributions some of those who will be affected have made to these committees, it is an indisputable fact that in recent years, lobbyists for major special interests have wielded extraordinary power in Washington DC, resulting in a national agenda too often skewed in favor of the interests that can afford their services. It is that problem that the President has promised to change, and this is a major step in implementing that change."
Click here to read the entire post.
Friday, September 25, 2009
The Hill: Lobbyists say new restriction likely to reduce registrations
From The Hill: "More lobbyists are expected to terminate their registrations because of the White House’s announcement this week that federal agencies should not appoint them to advisory boards. It is unclear how many people will be affected by the decision, but at least 1,000 federal advisory committees report to the General Services Administration under the Federal Advisory Committee Act, and many of them now include registered lobbyists. . . . Doug Pinkham, president of the Public Affairs Council, said the White House position is 'absurd' and the administration does not understand how private-sector expertise can help the federal government. He said lobbyists are bound to de-register as lobbyists while continuing to help their companies." The Obama Administration announced yesterday that federal agencies should no longer appoint lobbyists to advisory boards and commissions.
Click here to read the entire post.
Thursday, September 24, 2009
New White House Policy Bars Lobbyists From Executive Agency Advisory Boards and Commissions
The White House, through Norm Eisen, announced that it "has informed executive agencies and departments that it is our aspiration that federally-registered lobbyists not be appointed to agency advisory boards and commissions. These appointees to boards and commissions, which are made by agencies and not the President, advise the federal government on a variety of policy areas. Keeping these advisory boards free of individuals who currently are registered federal lobbyists represents a dramatic change in the way business is done in Washington."
Click here to read the entire post.
Thursday, September 17, 2009
Los Angeles Times: Former Interior Secretary Gale Norton is focus of corruption probe
The Los Angeles Times reports "The Justice Department is investigating whether former Interior Secretary Gale A. Norton illegally used her position to benefit Royal Dutch Shell PLC, the company that later hired her, according to officials in federal law enforcement and the Interior Department. . . . The investigation's main focus is whether Norton violated a law that prohibits federal employees from discussing employment with a company if they are involved in dealings with the government that could benefit the firm, law enforcement and Interior officials said. They said investigators also were trying to determine if Norton broke a broader federal 'denial of honest services' law, which says a government official can be prosecuted for violating the public trust by, for example, steering government business to favored firms or friends."
Click here to read the entire post.
Saturday, July 11, 2009
Politico: Guess who could have been coming to dinner?
From Politico: "Reacting to the controversy over the Washington Post’s abortive attempt to hold “salons” with lobbyists and Obama administration officials at the home of publisher Katharine Weymouth, the White House did its best to distance itself. The Post’s plan for money-making, off-the-record sessions 'was not consistent with the administration’s ethics policy,' spokesman Ben LaBolt said this week. But the White House counsel’s office, which has the authority to approve or reject invitations to appear at private events, could have cleared administration officials to accept the Post’s invitation without running afoul of Obama’s ethics executive order, according to most of the ethics lawyers consulted by POLITICO."
Click here to read the entire post.
Thursday, June 11, 2009
Politico: Chuck Grassley after W.H. ethics waivers
From Politico: "The White House has refused a request from Sen. Chuck Grassley for all the exemptions it’s granted to President Barack Obama’s ethics policy. And that’s got the Iowa Republican on a mission to make public every ethics waiver and recusal issued to administration officials."
Click here to read the entire post.
Sunday, May 31, 2009
The Hill: K Street, watchdogs praise new lobbying rules
The Hill reports "Lobbyists and government watchdogs are applauding revisions made by the White House on Friday to lobbying restrictions on stimulus funds. After completing a 60-day review last week, the administration modified the rules to extend a speaking ban not just to lobbyists but to others who contact government officials about specific stimulus projects. But that ban only occurs now after a grant application has been filed for the project."
Click here to read the entire post.
Saturday, May 30, 2009
White House Blog: Update on Recovery Act Lobbying Rules: New Limits on Special Interest Influence
The White House blog announces revisions to the stimulus bill lobbying rules. "Following OMB’s review, the Administration has decided to make a number of changes to the rules that we think make them even tougher on special interests and more focused on merits-based decision making. First, we will expand the restriction on oral communications to cover all persons, not just federally registered lobbyists. For the first time, we will reach contacts not only by registered lobbyists but also by unregistered ones, as well as anyone else exerting influence on the process. We concluded this was necessary under the unique circumstances of the stimulus program. Second, we will focus the restriction on oral communications to target the scenario where concerns about merit-based decision-making are greatest –after competitive grant applications are submitted and before awards are made. Once such applications are on file, the competition should be strictly on the merits. To that end, comments (unless initiated by an agency official) must be in writing and will be posted on the Internet for every American to see. Third, we will continue to require immediate internet disclosure of all other communications with registered lobbyists. If registered lobbyists have conversations or meetings before an application is filed, a form must be completed and posted to each agency’s website documenting the contact."
Click here to read the entire post.
Wednesday, May 20, 2009
OMB Watch Gathers Stimulus Bill Lobbyist Contact Disclosures
The effects of President Obama's restrictions on lobbyist communications with executive branch officials on stimulus spending are beginning to be seen. According to OMB Watch, "of the 29 agencies receiving stimulus money, only 110 contacts had been disclosed as of May 18."
Click here to read the entire post.
Wednesday, May 13, 2009
AP: THE INFLUENCE GAME: Lobbyists seek to avoid curbs
AP has this report on how lobbyists and the clients they represent are adjusting to President Obama's restrictions on stimulus bill lobbying contacts. "Lobbyist Elizabeth Moeller knew Energy Department officials wouldn't let her press them for an economic stimulus project for a California company hoping to turn algae into energy. So she did the next best thing: After a lot of coaching, she sent the client. . . . Her tactic is one of several being used to sidestep the Obama administration's new restrictions on registered lobbyists trying to sway federal agencies to award their clients money from the $787 billion economic stimulus program. Other popular workarounds: Sending colleagues who are not registered lobbyists to pitch federal officials, and getting help from allies on Capitol Hill. . . . The White House says if lobbyists are being restrained, that's just what they had in mind."
Click here to read the entire post.
Tuesday, May 12, 2009
The Hill: Chamber adds voice against White House lobbying rules
The Hill reports "The U.S. Chamber of Commerce has weighed in with the White House against lobbying restrictions placed on the stimulus package, arguing the rules could limit its members’ First Amendment rights. Chamber General Counsel Steven Law laid out two points of concern the business group has with the restrictions, which forbid lobbyists from talking or holding meetings with government officials to discuss specific stimulus projects. Lobbyists instead must submit their views in writing."
Click here to read the entire post.
Saturday, May 09, 2009
Washington Post Editors Question Pres. Obama's Lobbyist Policies
From the Post editorial: "too many qualified candidates have been denied positions for which they are suited simply because of a lobbyist taint. This approach could have the perverse consequence of driving lobbying underground and reducing the openness that the Obama administration says it wants to promote. The decision about whether to register as a lobbyist isn't always clear-cut; in the past, many people registered out of an abundance of caution. Now, some are saying privately that they will avoid registering if at all possible, shedding less sunlight on lobbying activities. The Obama administration is also making a mistake by barring lobbyists from, well, lobbying it in some circumstances. The administration's rules on distributing stimulus funds bar registered lobbyists from telephoning or meeting with government officials about specific projects; they can make contact only in writing, with documents to be posted on the government's Web site. We understand the good-government impetus here. But why distinguish between lobbyists and corporate executives or local government officials seeking the funds, who have the biggest interests at stake? The rules are up for review soon. They should be rethought."
Click here to read the entire post.
Tuesday, May 05, 2009
Politico: Stimulus memo has lobbyists on edge
From Politico: "The White House doesn’t want lobbyists bugging it about economic stimulus funding decisions, and it seems to be getting its way.
A review of “lobbyist contact” disclosures posted on government department and agency websites shows a relative paucity of inquiries and scant information exchanged about the $787 billion spending spree.
What can be gleaned from the records is an acute paranoia among government workers about being caught in an exchange with a lobbyist and rampant stigmatization of anyone from the advocacy class."
Click here to read the entire post.
Saturday, May 02, 2009
The Hill: Lobbyists adjust to stimulus rules that shut them out
From The Hill: "White House rules prevent lobbyists from meeting in person or talking on the phone with federal officials about specific stimulus projects. They can only submit communications in writing. . . . It has been more than a month since the Obama administration announced its new lobbying guidelines. Since then, lobbyists have tried to adjust, sending firm lawyers who don’t register as lobbyists to meetings or prepping clients on what questions to ask."
Click here to read the entire post.
Monday, April 27, 2009
National Journal: Are Lobbyists Being Locked Out? Obama's Lobbying Rules Are Imperfect, But Advocates' Complaints Mostly Ring Hollow
From National Journal: "Still, it's hard to feel too sorry for the lobbyists who argue that Obama's ethics rules are either unconstitutionally stringent or should apply to everyone but them. Organizers for nonprofits object that the revolving-door rules, for example, lump public-sector lobbyists together with those representing 'pecuniary' interests. They've asked the White House to essentially carve out a blanket exemption for all job seekers who lobby for 501(c)3 nonprofit or 501(c)4 social welfare groups."
Click here to read the entire post.
Tuesday, April 21, 2009
New York Times: Nonprofit Groups to Push for Exceptions to Lobby Rule
The New York Times reports on the efforts of some "public interest" lobbyists to have President Obama's lobbyist restrictions revised to exempt them.
Click here to read the entire post.
Wednesday, April 15, 2009
The Hill: Lobbying guidelines criticized
The Hill reports that "A 14-page White House memo designed to clarify the conditions under which federal officials can meet with lobbyists to discuss the $787 billion economic stimulus package has failed to appease critics of the policy. The Office of Management and Budget (OMB) guidance attempts to clarify a previous memo issued by the White House that prohibited federal officials from meeting face to face with lobbyists to discuss particular projects competing for economic recovery money. That drew howls of complaints from lobbyists and even some government watchdogs that said the policy was overly restrictive and could violate First Amendment rights to petition the government."
Click here to read the entire post.
Friday, March 13, 2009
Washington Post: White House Ethics? 'Mr. No' Knows; When Administration Has Queries About Rules, Adviser Norm Eisen Answers the Call
The Washington Post features this front-page article on the White House's top ethics adviser.
Click here to read the entire post.
Friday, March 13, 2009
Politico: Lobbyist ban limits Obama's options
Politico's Jonathan Martin has this report on the the Obama Administration's "lobbyist ban": "Having campaigned on a promise that lobbyists won’t run his White House, President Barack Obama is discovering that what may make for a good sound bite on the campaign trail can complicate governing. As he strives to build an administration beyond his top Cabinet officers, Obama is finding that he has limited his pool of potential appointees because of a ban on individuals from agencies that they have lobbied within the past two years."
Click here to read the entire post.
Thursday, March 12, 2009
The Hill: Obama grants two more lobbyists waivers
According to The Hill, "The waivers were provided for Jocelyn Frye, director of policy and projects in the Office of the First Lady, and Cecilia Munoz, director of intergovernmental affairs in the executive office of the president. The two waivers were announced on the White House blog Tuesday evening, which said the exceptions were granted under a 'public interest' exemption of the executive order on ethics. Munoz was a senior vice president for the National Council of La Raza, where she supervised all legislative and advocacy activities on the state and local levels."
Click here to read the entire post.
Friday, March 06, 2009
The Hill: Lobbyists slipping into Obama administration
From The Hill: "Several former lobbyists are scattered throughout the Obama administration, despite the president’s efforts to slow the revolving door. A review by The Hill of staff announcements for the White House and other departments in the administration found about two dozen people who have registered to lobby in the past, some as late as last year, according to lobbying disclosure records."
Click here to read the entire post.
Tuesday, February 17, 2009
Pres. Obama's Executive Order on Administration Appointee Ethics Revised
The Office of Government Ethics issued a memorandum on February 11, 2009, that revises portions of the lobbyist gift ban contained in President Obama's Executive Order requiring Administration appointees to sign an "ethics pledge."
Click here to read the entire post.
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