Eisen lays out case for limiting lobbyists' role

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.

“It is not intended as a personal affront. Our focus has been on the way in which the system has become broken,” Eisen told the group of lawyers and lobbyists at the Walter E. Washington Convention Center.

The White House attorney described the four initiatives that the administration has undertaken so far to fulfill Obama’s campaign pledge to increase transparency and limit influence-peddling.

The administration is slowing the revolving door between the private and public sectors, restricting lobbying on the $787 billion stimulus package, banning lobbyists from serving on advisory boards and commissions and releasing records of who is visiting the White House.

Eisen partly credited what he said was one of the most scandal-free starts to an administration in modern history to Obama’s conviction regarding the tough new rules.

He said ethics compliance officers say “tone at the top” is vital to keeping everyone from senior aides to mid-level staffers on the straight and narrow.

After his speech, Eisen faced tough questions from a crowd that included a number of lobbyists. Dave Wenhold, president of the American League of Lobbyists and co-founder of Miller/Wenhold Capitol Strategies, and Tom Susman, director of government affairs for the ABA, quizzed the White House counsel on particulars of the rules.

One particular sore point is how the administration had singled out lobbyists, as opposed to corporate executives or counsels, by using registrations under the Lobbying Disclosure Act (LDA) to limit access. Eisen said the White House felt it would be too difficult to set up a new regulatory regime and that it was best to build off the one already in place under the LDA, though he acknowledged relying on lobbying registrations had its limitations.

Eisen, however, said he has taken the complaint into consideration in crafting the initiatives. For example, stimulus lobbying restrictions were expanded to apply not only to registered lobbyists, but to everyone contacting government officials about Recovery Act funds.

The White House also plans to release visitor records for all those who visit the complex, not just registered lobbyists.

“The reason that relates to lobbying is many people, not all, but some come to address the White House, to petition the White House,” Eisen said about plans to release White House visitor records. “We will let sunlight do its work.”

On prohibiting lobbyists from serving on advisory committees, Eisen said he does not think Washington has “a monopoly” on expertise and mentioned that many of the Founding Fathers came from several different professions.

“We think that there are very talented people who are eager to serve,” Eisen said. “We will be seeking them out.”

K Street often complains that it has had little or no contact with Eisen before he issues his edicts. But in response to a question, the White House counsel said he has consulted with lobbyists, such as Susman, before each of the policies has been issued.