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A question for Joe Biden: If lobbying is the problem in Washington, as you claim, then why does your team include lobbyists?
Biden's ban on lobbyists in his administration would be unwise and discriminatory
Dec 17 2020
Miller is board chairman of the National Institute for Lobbying & Ethics, the advocacy profession's trade association, and principal of the lobbying firm Miller/Wenhold Capitol Strategies.
<p>When you join the lobbying profession, you know immediately you become Public Enemy No. 1. Frankly, you can't blame the public for feeling this way. </p>
<p>As a profession we let Washington define who we are and how we operate. We don't have a bully pulpit the way candidates, members of Congress and presidents do. We do not have a public forum where the people can hear us. </p>
<p>When attacks come, we bury our heads in the sand and don't stand up for ourselves and what we do. We simply hide and wait for the onslaught to pass. It's easy for elected officials to blame lobbyists for the dysfunction in Washington, the alternative being for them to look in the mirror and point the finger at themselves for their direct failures on behalf of those who elected them. When in doubt, create a boogeyman the public hates or distrusts more than you.</p>
<p>When you become a lobbyist, you know that every election year you will become the scapegoat for all the failures of both Congress and the incumbent president's administration. You know that in one breath members of Congress and the president will blame you for a policy stalemate — and then in the next breath call you and ask you for a campaign contribution. These same elected leaders will tell their constituents how they need to halt the influence that lobbyists have in Washington. But when they leave their campaign rallies, they will call us asking for help on their campaign.</p>
<p><p style="text-align: center;" id="sufn"><a style="font-weight: bold;margin:40px auto;font-size:2rem" href="https://thefulcrum.us/st/newsletters">Sign up for The Fulcrum newsletter </a></p></p><p>The reality is that it's good politics to trash a profession the public does not know much about. It's good business to spread lies, and only then to turn to us and use us to get you elected. Frankly, shame on people in our business for allowing it.</p>
<p>Joe Biden campaigned on improving ethics in the capital, but now that he's been elected that seems like it was just a tagline to get votes. He is imposing restrictions on lobbyists serving in his administration and on government boards, yet his transition team is filled with big-name lobbyists. His team has said that not all lobbyists will be banned. Some will be given waivers to serve. </p>
<p>My questions for the president-elect are: Why some and not all? If our profession is the problem in Washington, as you claim, then why does your team include lobbyists? Why the need for waivers? Why not simply ban all of us, not just some of us? </p>
<p><div class="x12"><div class="htlad-Desktop_Content_Banner"></div></div></p><p>The answer is simple. You have been in elected politics for more than 40 years and you know the true value of what we do — and the information and expertise we will offer you and your new administration. So, while it may get you a good public reception to claim you are banning lobbyists, then quietly you will enlist us. It is the Washington way. </p>
<p>But while Biden's policy discriminates against a class of people because of what they do, it makes exceptions for people close to you or who have been big donors to you over the years. The American people deserve better than this. Frankly, our profession deserves to be treated better than this. </p>
<p>The next president campaigned on the promise to create a diverse administration. Some will say he is doing just that. I take a different view. The policies he is putting in place not only discriminate against a whole class of professionals, but they also tell lobbyists of color they are not welcome to serve in the new administration. At a time when we should be celebrating public service and are asking corporate America to be more inclusive, Biden is doing the exact opposite. His bans limit lobbyists of color from creating opportunities to be selected to top positions in government and their chosen fields. That is exactly what the president-elect has criticized corporate America for doing.</p>
<p>As his new administration begins, I would urge Biden to reconsider his lobbyist ban for the reasons here. Barack Obama did much the same after he was elected president a dozen years ago and it turned into a black eye for his administration, which relaxed its rules six years later in the aftermath of an unfavorable federal appeals court ruling.</p>
<p>Since 2009 we have seen a growing trend of people taking themselves off the lists of registered federal lobbyists so they could serve in the Obama and Trump administrations. We suspect that will continue under a Biden administration unless he changes course. </p>
<p>Such shadow lobbying is a real problem — and one our profession is fighting against. The new president should work with us on creating policies that create more transparency, not less. But an outright ban is going to continue the rise of shadow lobbyists at a time when the American people are tired of corruption in government. </p>
<p>Please, Mr. President-elect: Work with us and not against us. I would urge you to be honest in your policies. If you ban lobbyists, you need to ban all lobbyists, not just some. You need to return the campaign donations you have taken during your campaign to every lobbyist or political action committee. You need to stop taking money from lobbyists or corporate America for your inauguration. And you need a universal diversity and inclusion policy that is inclusive of all, not just some.</p>
<p>As a profession, we want to work with you on transparency. We want to work with you on ethics reform. This is only possible if your administration is open and honest about your policies and does not create carve-outs for big donors or close friends. You cannot hold the rest of us accountable if you are not going to follow your own lead.</p>
<div></div><p>Leadership starts at the top with one policy for all, not just some well-connected Washington insiders.</p>
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The United States Capitol
War on lobbying profession is discrimination for political gain
Aug 06 2019
Miller is president of the National Institute for Lobbying & Ethics and principal of the lobbying firm Miller/Wenhold Capitol Strategies.
Attacking lobbyists isn't a new phenomenon, it's been happening for decades. It happens every election cycle when candidates troll for cash and votes. It happens when Washington is gridlocked. It's an easy way for some to dodge the hard questions from constituents about why things aren't getting done in D.C. It's easier to simply blame those damn special interests for shutting down the process than it is to explain your own actions.
What's new is the growing intensity against everyone's right to petition their government — even if it means playing fast and loose with the Constitution. I get that a lot of this is for the public and ensuring candidates get elected.
The problem with that belief is that we are a social-media-driven society that can quickly turn fake news into real news (or reality) within minutes. The concerning part isn't the words, but how quickly the information is shared and how little facts play into it being viewed as truth.
<p>As a profession, we need to set the record straight when it comes to attacks on our work. We need to be concerned that a portion of those elected to Congress are using the Constitution as a political tool to silence some and strengthen the voice of others. Our Founding Fathers meant for the Constitution to be a document that protects everyone's rights. Lobbyists give voice to those who want to be heard and that makes legislating hard when people won't blindly follow or simply support your own personal policy agenda. This makes us a target.</p><p><p style="text-align: center;" id="sufn"><a style="font-weight: bold;margin:40px auto;font-size:2rem" href="https://thefulcrum.us/st/newsletters">Sign up for The Fulcrum newsletter </a></p></p><p>We've heard a lot recently about discrimination, especially when it comes to the issue of equal pay thanks to the U.S. women's soccer team. We've seen members of Congress stand up for Team USA, demanding that they get paid equal to the men's team. Yet, in the very next breath, these same leaders want to interpret the Constitution another way when it comes to the lobbying profession. </p><p>When it comes to us, there is no hesitation to take our voice away or create discriminatory policies against lobbyists solely based on our profession. This view comes from those who rely on us for information. From those who need our help getting elected. From those who go to great lengths to ask for our financial support. We are today's necessity, tomorrow's fall guy.</p><p><div class="x12"><div class="htlad-Desktop_Content_Banner"></div></div></p><p>Words matter; just ask those who protest every time the president tweets. Words matter here, too. A spokesman for Sen. Elizabeth Warren <a href="https://www.politico.com/story/2019/07/19/democratic-candidates-lobbyists-2020-1422349" target="_blank">stated</a>, "The first thing she would do as president would be to pass her anti-corruption bill that would end lobbying as we know it." We need to take a comment like that very seriously. It's broad and can mean almost anything. Just so I didn't misunderstand Warren's spokesman, I went back and looked at her proposal and this is what I found and why we need to wake up to comments like this.</p><p><a href="https://www.warren.senate.gov/imo/media/doc/Master%20Summary%20of%20Anti%20Corruption%20Act%20-%20FINAL.pdf" target="_blank">The Anti-Corruption and Public Integrity Act</a> legislates issues already in law. For example, it would ban lobbyists from giving gifts. This is already current law. The legislation has two standards: It bans corporations from having their voice heard but does not set the same standard for labor. Her legislation bans federal employees from lobbying their former offices for two years. Already in law. That ban extends to six years for corporate lobbyists, but she says nothing about the same applying to labor lobbyists. Warren's legislation creates a new expanded definition of what a lobbyist is. It then creates a corporate lobbyist definition. Again, nothing on a new definition for labor lobbyists.</p><p>The reality is, if you create a new definition for what a lobbyist is, shouldn't it apply across the board? </p><p>It appears this is a bill that discriminates against a group of people (former members of Congress and corporate lobbyists) simply based on their chosen profession. This bill looks to reward others who choose the same profession but may be more in line with the senator's views. Her bill prohibits lobbyists from taking government jobs for two-years after lobbying. It does grant waivers if such hiring is deemed in the national interest. This waiver process only applies to non-corporate lobbyists. That sounds like a special-interest carve-out to me. </p><p>I'm not sure this is what our Founding Fathers had in mind. </p><p>We cannot continue to sit back and allow some to push a policy agenda that violates the very document giving every citizen the right to petition the government. We cannot sit back and allow some to discriminate against us simply because of the profession we've chosen. If we do nothing, they get away with it. Social media gives credence to ideas like this. Social media builds momentum for discriminatory ideas like this. Just look at the number of followers some of these people have and the reach they have. Words matter and we better start caring.</p><p>The Constitution clearly states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." It's time for some to remember this and it's time for our profession to stand up and protect it.</p>
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