Proof that Lobbying Restrictions Can Be Avoided?

Norm Eisen, the White House ethics adviser recently posted twice at the White House blog [1] on "the administration's historic opening efforts" on ethics reform. Eisen details [2] a meeting held with the American Civil Liberties Union, the Center for Responsibility and Ethics in Washington, and the American League of Lobbyists. "We told them we believed the restrictions were tough but fair to make sure that lobbyist communications are as transparent as possible, and that stimulus decisions are based on the merits." As the Sunlight Foundation points out [3], "the meeting may not have resolved the policy differences between the two sides, it did provide a moment for White House to live up to the standards that they are trying to set. This is very good example of how meetings with government officials should occur — with full transparency of who is taking part and what is being discussed."

In defense of the new rules, Eisen notes that other groups have issued a statement [4] in support of President Obama for "the unprecedented steps he has taken during the first hundred days of his Administration to strengthen ethics, lobbying and transparency rules for the Executive Branch."

Importantly, Eisen seems to open up comments to the public. "So we want to hear from everyone affected during the 60-day initial evaluation period for the stimulus lobbying restrictions."

One of the concerns surrounding the lobbying rules is that those who are unregistered would be the ones lobbying for funding, without having to disclose the communications. The Wall Street Journal [5] confirms how to work around the restrictions, "by instead sending company executives, lawyers or consultants to meet with federal officials in the hope of securing a share of the money." The article also addresses the minimal amount of reporting that currently exists on agency websites. For example, the "Energy Department is distributing more than $40 billion of stimulus money. But only two lobbyist contacts appeared on the agency's Web site last week."