Making Government Transparent and Accountable
The Sunlight Foundation uses cutting-edge technology and ideas to make government transparent and accountable. Underlying all of our efforts is a fundamental belief that increased transparency will improve the public's confidence in government
The Sunlight Foundation Blog
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You Spin Me Right Round
Congress doesn’t spin records, they spin in revolving doors. And those doors are spinning faster than ever, according to a study from Public Citizen. The Politico reports on the study, which shows that between 1998 and 2004 a whopping 43 percent of retired lawmakers became lobbyists:
A study done in the post-Watergate era estimated that only 3 percent to 10 percent of retiring members of Congress became lobbyists.
But, from 1998 to 2004, 283 retired lawmakers became lobbyists — a whopping 43 percent of all retiring members, according to a study done by Public Citizen, a nonpartisan watchdog group.
In 2005, eight members joined lobbing firms, although only four ultimately registered to advocate on Capitol Hill. A year later, another nine members followed.
With another seat-cleansing November election apparently in the making, the lobbyist ranks are likely to swell again later this year.
While reforms passed in the Honest Leadership and Open Government Act were meant to stop the flow of lawmakers and staffers down the block to K Street, the cases of Al Wynn, Dennis Hastert, Trent Lott, and Richard Baker all show that the desire to cash in on connections on the Hill is not abating.
Unlike the video below, the revolving door in Washington doesn’t appear to be ready to break anytime soon:
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It’s Not What’s Illegal That’s the Problem
Now this is sweet. Trent Lott, former U.S. senator and Senate Majority Leader and now lobbyist, is using his $1.3 million campaign war chest left over from when he retired from the Senate to make political donations to Members of Congress that vote and take other actions that directly impact the interests of his clients. As the report says, the practice is legal (amazingly so), and he’s not the first retiring member to give former colleagues left over campaign funds. It all fits my view of the mix of money and politics: it’s not what’s illegal that’s the real problem.
Lott retired from the Senate in December and then joined former Sen. John Breaux (D -La.) to launch The Breaux-Lott Leadership Group, a Washington lobbying operation. The Associated Press quotes Craig Holman at Public Citizen and a spokesperson from the Center for Responsive Politics as saying Lott’s stockpile, $1.1 million at the end of March, is the largest they can remember, and is drawing scrutiny of the Mississippi Republican. The clients he has signed on to promote, the proposed Delta-Northwest airline merger and Northrop Grumman’s $35 billion contract to build tanker jets for the Air Force, are drawing attention too.
Congress passed the Honest Leadership and Open Government Act of 2007 which extends the time a senator has to "cool off period" where they can’t lobby their former colleagues from one to two years. But Lott retired days before the law took effect, so he is only held to the one year standard. But in the meantime, he gets the attention of members by making $5,000 checks. And the AP reports that he is in the process of turning the left over campaign cash into a political action committee, freeing him to make even larger contributions.
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Trent Lott: I’m Not Under Investigation
Last week, the Wall Street Journal wrote an exclusive article (I blogged about it here) detailing that a federal investigation into Mississippi lawyer Richard "Dickie" Scruggs’ bribery of local judges had expanded to include former Senator and revolving door operator Trent Lott. The Sun Herald reports today that Lott denies being under investigation and that he has simply been interviewed as a potential witness:
"I may be called as a witness," Lott said, "but I’ve been assured that I’m not under investigation, and rightly so because nothing was done to justify that."
Lott said he did talk to DeLaughter about the opening on the bench in early 2006. Because he is a potential government witness, Lott said, he could not offer details about what prompted him to call DeLaughter. But he said that, as a senator, he did receive numerous recommendations for judicial appointments and more than one person suggested DeLaughter, who has denied any wrongdoing in the judicial bribery case.
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Lobbyist Trent Lott Under Federal Investigation
After the President signed his name to the Honest Leadership and Open Government Act of 2007, members of Congress had until January 1st to vacacte their seats if they wanted to trade the black suit and American flag lapel of Capitol Hill for the black suit and American flag lapel of K Street. The ethics reform bill extended the "cooling off" period for lawmakers-turned-lobbyists from one year to two years, which would leave retired members of Congress with 2 years to find something to do – write your memoirs or teach a class at the university that got so many earmarks they named a building after you – before they can make the big bucks on K Street. When Sen. Trent Lott announced his sudden retirement before the "cooling off" extension took effect it was clear that he wasn’t looking to settle down at the Trent Lott Leadership Institute at Ole Miss. No, Lott was getting out early to work with his old bipartisan pal John Breaux on K Street.
There were, however, rumors that avoiding the "cooling off" extension was not the exact reason for Lott’s early exit from his long congressional career. The Wall Street Journal puts those rumors to rest by publishing details of a federal investigation into Lott’s possible role in a case involving the bribing of Mississippi judges by his half-brother Richard "Dickie" Scruggs:
Federal agents are investigating whether former Senate Majority Leader Trent Lott knowingly played a role in an alleged conspiracy in 2006 to influence a Mississippi judge presiding over a multimillion-dollar lawsuit against famed plaintiff attorney Richard "Dickie" Scruggs, according to people familiar with the situation.
Mr. Scruggs and several associates are scheduled to stand trial March 31 on charges that they offered $40,000 in bribes to State Court Judge Henry L. Lackey in return for a favorable ruling in a lawsuit against Mr. Scruggs over $26.5 million in legal fees.
Mr. Lott, who is a brother-in-law to Mr. Scruggs, unexpectedly announced his resignation from the Senate two days before Mr. Scruggs was indicted last November. Since then, Mr. Lott has been interviewed by federal agents at least once, according to a person familiar with the case.
The U.S. attorney’s office in Oxford, Miss., which is leading the investigation, is also examining whether several associates of Mr. Scruggs induced a different Mississippi jurist, Hinds County Judge Robert Delaughter, to rule in favor of Mr. Scruggs in a separate lawsuit by promising that Mr. Lott would recommend Judge Delaughter for a seat on the federal bench.
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Several people familiar with the situation say that associates of Mr. Scruggs told investigators that Mr. Scruggs relayed Judge Delaughter’s interest in the federal judgeship to then-Sen. Lott. In early 2006, Mr. Lott called the judge and discussed his interest in the federal bench, those people say. Seven months later, in August 2006, Judge Delaughter delivered a ruling widely considered favorable to Mr. Scruggs.
A month after that, President Bush nominated a Gulfport, Miss., lawyer named Halil "Sul" Ozerden to the vacant seat on the federal bench Mr. Delaughter had allegedly been interested in. People familiar with the process said Mr. Lott and Mississippi’s other U.S. senator, Thad Cochran, approved of the appointment. The full Senate confirmed Mr. Ozerden in April 2007.
…Messrs. Scruggs and Langston learned that Mr. Delaughter was interested in becoming a federal judge. "Based on this knowledge," the prosecutor said, "Scruggs told Langston to let the judge know that if he ruled in his favor he would pass his name along for consideration regarding the federal judgeship."…
At a hearing on motions related to Mr. Scruggs’s trial yesterday, Mr. Balducci [the attorney who offered the bribe to Judge Lackey] testified that Mr. Scruggs tried to use Sen. Lott to influence Mr. Delaughter.
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Lobbying Reform Claims Longtime Lawmaker
During debate on the recently enacted lobbying and ethics reforms (see S. 1 for details) one of the most contentious points was the imposition of a two-year lobbying ban on former lawmakers and staff. Many observers declared that this extension of the "cooling off" period would cause some lawmakers and staff to depart before the new law came into effect and now there is evidence that some politicians aren’t willing to wait to cash out. Sen. Trent Lott, a long time member of Congress, announced his surprise retirement today declaring that he would resign by year’s end. CNN reported:
A senior Republican source close to Lott said one reason for the decision is the new lobbying restrictions on former lawmakers.
A law kicks in on January 1 that forbids lawmakers from lobbying for two years after leaving office. Those who leave by the end of 2007 are covered by the previous law, which demands a wait of only one year.
Lott was a constant critic during the lobbying reform debate, particularly offended by the banning of most gifts, including meals, to lawmakers. He complained that members would be forced to eat at McDonald’s if such a rule would be implemented. It’s unfortunate that members of Congress need to leave public service to make big bucks in the influence game, but that seems to be the nature of things when you can make ten times as much money by spinning out the door to K Street.
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More Electronic Filing
Glenn Reynolds notes that both Sen. Trent Lott, R-Miss., and Sen. Mitch McConnell, R-Ky., are holding up legislation that would make the Senate have to electronically file their campaign finance reports. This process would save the Federal Election Commission about $250,000 and countless hours of work per election cycle, not to mention the numerous other benefits to campaign finance watchers. Now here’s the crazy thing: both Trent Lott and Mitch McConnell already use electronic software to fill out FEC forms. In fact, it is highly likely that they are among the 95% of Senators who use the FEC’s own or recommended software.
According to the Campaign Finance Institute, there is only one Senator who still fills out the forms on paper and that is retiring Sen. Paul Sarbanes, D-Md. Sen. Robert Byrd, R-W.Va., refuses to answer whether he uses electronic software or still fills out forms on paper.
I can’t quite understand why Lott and McConnell are fighting a battle to keep wasting tax-payer money at the FEC and waste their own office supplies printing out reports that could easily just be sent to the FEC directly. Maybe McConnell is still upset about having to reveal the donor information to the McConnell Center back in the day.
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GOP In-Fighting Over Earmark Reforms:
The Associated Press is reporting that the House Republicans have not been able to come to an agreement on the earmark reform provisions in the lobbying and ethics “reform” bill (if you want to know why I use quotations marks go here). In one corner is Appropriations Chair Jerry Lewis (R-CA) who is peeved that the earmark reform only targets earmarks originating out of his committee. Lewis declared that a reform that “does not touch on the ‘Bridge to Nowhere’ is not really reform.” In the other corner is Mike Pence (R-IN), the spokesman for the most conservative Republicans. He said to CongressDailyPM that Lewis’ argument against limiting earmark reform to the Appropriations Committee alone “feels to many of us like an effort to defeat earmark reform.” Caught in the middle is Majority Leader John Boehner (R-OH) who is “confident” the bill will be “on the floor tomorrow” despite Republicans having “some work to do on earmark reform”.
In the Senate Tom Coburn (R-OK) is planning to offer amendments to the emergency spending bill directly targeting spending that he wants to cut, including the Gulf Coast railroad sought by Trent Lott, Thad Cochran, and Haley Barbour. (CongressDailyPM)
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Against Pork Before They Were For It:
Ed Fuelner writing in the Chicago Sun-Times reminds us that Senators Trent Lott (R-MS) and Thad Cochran (R-MS) were against pork before they were for it:
Back in 1993, Lott and Cochran helped defeat President Bill Clinton’s ill-advised “stimulus” package, a $16.3 billion pork-barrel measure (ironically, almost the same amount that’s been wastefully added to the current spending bill). “And where are we going to get the money?” Cochran asked Congress then. “We are going to increase the deficit, which requires the government to borrow more money and to pay more interest. That is not economically healthy, that is economically dangerous.”
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Emergency Pork:
Today both the New York Times and the Los Angeles Times ran stories about the pork-filled emergency supplemental bill that contains Sen. Trent Lott’s (R-MS) now infamous "Magic Railroad". Some congressmen and Senators are not happy with the $15 billion worth of extra picnic shoulders thrown into a bill that is intended to provide funds for rebuilding New Orleans, the Gulf Coast, and Iraq. Tim Chapman at the Capitol Report writes that both Mike Pence (R-IN) and Jeff Flake (R-AZ) have called on the President to veto the bill if the extra money is not removed. Pence called the bill a "fruit basket" of unrelated spending. John Spratt (D-SC), the ranking Dem on the House Budget Committee, said, "A lot of these things are desirable, and some are even necessary, but they don’t belong in an emergency spending bill."
I haven’t been by the Capitol lately but I’ve heard they’re hanging this new sign out front:
