Obama skirts Congress to appoint lobbying lawyer

President Obama's latest recess appointment is a corporate lawyer, hailing from a leading Democratic lobbying firm where he represented defense contractors and health care companies.

The nomination of James M. Cole, now deputy attorney general, never made it to the Senate floor thanks to questions about his time as a compliance monitor at AIG, and his views on fighting terrorism.

Cole embodies two typical Obama practices: The president often flouts his tough, anti-lobbyist talk, and he uses recess appointments so that his party's senators don't have to vote on nominees with tainted backgrounds.

Cole was never a registered lobbyist, but he was a partner for years at Bryan Cave LLP, a prominent lobbying firm with strong connections to the Democratic Party and a client list that included Walmart, Microsoft, Peabody Energy, the Biotechnology Industry Organization, Blue Cross Blue Shield, and Ford Motor.

Bryan Cave's lobbyists and lawyers include veterans of the Obama campaign and former top Hill staffers, White House aides, and former lawmakers. The firm's political action committee gave 62 percent of its contributions to Democrats.

BryanCave.com says Cole's job included "representation of corporations and individuals before grand juries, in congressional hearings, in court proceedings, and before federal agencies." One might think that "representation of corporations ... in congressional hearings ... and before federal agencies" might count as lobbying, but Cole has never registered under the Lobbying Disclosure Act.

Cole represented weapons giant McDonnell Douglas, and his Web site says he has also represented "individuals and companies in the health care field concerning disputes concerning billing fraud and abuse and FDA regulatory issues." Drugmaker AstraZeneca is a Bryan Cave lobbying client.

Cole is also a generous Democratic donor, having given the maximum to Obama in 2008 and more than $17,000 to political action committees and candidates since 2000.

The fact that Obama's ethics rules "barring" lobbyists don't apply to Cole -- a Democratic donor and corporate lawyer working at a lobbying firm and representing corporations before Congress -- shows how toothless those rules are. As further evidence, look at Cole's colleagues at his new job.

The Justice Department's antitrust chief, Christine Varney, and Associate Attorney General Tom Perrelli, are both former K Street lobbyists. Office of Legal Counsel lawyer Karl Thompson was a lobbyist for Hess and Occidental Petroleum when Obama plucked him from K Street's O'Melveny & Myers.

And the man they all work for -- Attorney General Eric Holder -- was a registered lobbyist at the storied Covington & Burling.

In other words, it's been clear for two years that Obama's "war on lobbyists" was hot air. Tapping "non-lobbyist lobbyist" Cole is just icing.

Two issues held up Cole's nomination. Many Republicans objected to Cole's views in a 2002 op-ed painting the fight against al Qaeda as a criminal prosecution more than a military one, and calling on then-Attorney General John Ashcroft to protect the rights of accused terrorists.

But a handful of Republican lawmakers said they were unhappy with Cole's answers about his stint at AIG. As part of a legal settlement with the U.S. government, AIG was required to hire an independent monitor who would keep an eye on the insurer's regulatory compliance, and report back to the Securities and Exchange Commission and Justice Department. From 2004 to 2006, that was Cole.

The Government Accountability Project, a self-described "whistleblower protection organization," has repeatedly criticized Cole for not answering more questions about his time at AIG -- specifically about his interactions with other AIG/K Street types, such as Kathleen Chagnon and Fannie Mae alumna Anastasia Kelly.

With all of this baggage, Republicans placed a "hold" on Cole's nomination after it cleared committee, spurring charges of "unacceptable delay" from Democrats and the Washington Post. But were it important enough, Majority Leader Harry Reid could have moved the nomination to the floor, invoked cloture, and confirmed him. The Republican "hold" didn't block a vote: It merely forced debate. Top Judiciary Committee Republican Jeff Sessions said Cole would be confirmed if Reid moved the nomination.

So why the recess appointment?

Cole's past as a lobbyist-in-all-but-name and the his AIG stint both made him an inconvenient character for Senate Democrats this past year, especially as they campaigned on phony populism and charges of GOP coziness with K Street, Wall Street, and corporate America.

Enter an Obama innovation in presidential power: While George W. Bush used recess appointments to install officials who couldn't clear a Democratic filibuster, Obama -- with the Cole appointment and that of Donald Berwick as Medicare chief -- uses recess appointments to avoid embarrassing floor debates and spare his party's senators from embarrassing votes.

Obama promised to be a trailblazer. What he didn't mention was that he would blaze trails around public accountability.

(source:washingtonexaminer.com)

County set to leave statewide lobbying effort

Jackson County commissioners have given notice they will drop out of a 105-year-old lobbying organization for Oregon counties because of a growing rift over legislative direction.

This is the only county in recent memory to have left the Association of Oregon Counties. Of the 36 counties in Oregon, Jackson will be the only one that won't be part of the association.

Commissioner C.W. Smith had resigned from the association's board of directors this summer because of radiation treatment for cancer and was in line to be selected president of the association's board of directors next year.

He said Jackson County wanted support from the association to back legislation that would help compensate county assessors offices throughout the state for taxes collected for other agencies.

"We did get at cross purposes over some legislation," Commissioner C.W. Smith said.

The county tried to get a letter sent out through the association in support of the legislation, but failed to get it in a timely manner, he said.

Smith said the general lack of support means the county will not renew its membership in January.

The county sent a letter Dec. 14 stating the association has forsaken the counties to maintain relationships with other groups such as the League of Oregon Cities and the Oregon School Boards Association.

Jackson County pays $31,000 annually in dues, representing about 5 percent of the total dues collected from all counties by the association.

Commissioner Jack Walker said the association has had a history of not helping counties in Southern Oregon.

In 1996, he remembers trying to get support on land-use issues. They weren't willing to help us at all," he said.

The county not only spends money for dues, but also incurs significant travel expenses going back and forth to Salem or Eugene. With teleconferencing, he said there is no reason for that anymore.

Walker said the county wanted support from the association to create a tax base for assessors' offices throughout the state that collect for a number of agencies. Every time a new agency is created, it gives the Assessor's Office additional work but no extra revenue.

Walker said the proposed legislation would likely step on somebody's toes, but he said he sees the association's job as sticking up for the counties.

In general, the association appears to have more allegiance to counties in the northern part of the state, he said.

"There hasn't been, in my estimation, a good effort to communicate with the rural counties," he said.

Mike McArthur, executive director for the association, said he was surprised to get the letter Thursday from Jackson County.

He said there have been differences of opinion of legislation, but with an association that is comprised of 36 counties that's nothing new.

"I'm hopeful about clearing up a misunderstanding about some sequence of events that happened during the last legislative session," he said. "We've got a failure to communicate."

McArthur said he thinks the association didn't react fast enough to get behind the legislation Jackson County was pushing. He said it is difficult to get that kind of support quickly because it has to through various committees in his organization, but ultimately it was supported.

Commissioners may not be aware of all the issues the association is currently grappling with, including trying to get agreement from the counties of the tax initiatives, Measure 66 and 67, he said.

"With C.W.'s physical problems, and Jack's too, and Dave's busy schedule, they have a tough time staying up on what's going on here," McArthur said.

McArthur disagreed that the association was showing more support for other special interest groups.

He said it is sometimes necessary to reach a compromise with other groups, which have the power to kill legislation. Paying the assessors' offices would take about 2 percent from tax revenues that are badly needed by schools, he said.

McArthur said Commissioner Walker has often criticized his organization for not taking a tougher stand on some land-use issues.

However, he said the organization will be pushing for legislation that might provide some relief for those who sought relief from property rights laws under Measure 37.

McArthur said he plans to draft a letter responding to Jackson County with board president Steve Grasty. He hopes to meet with local commissioners in the near future to help resolve some of the differences.

McArthur said no county has dropped out of the organization since he's been executive director in 1992.

"That doesn't mean we haven't had people upset with us," he said. "But we've always managed to work through that."

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

Source:mailtribune.com/

Patton Boggs LLP

Total Lobbying Income: $18,365,000

Groups That Have Retained Patton Boggs LLP: Client Total Subsidiary (Lobbied For)
1-800 Contacts $70,000 -
Actinium Pharmaceuticals $0 -
Acxiom Corp $0 -
Ad Hoc Cmte on Federal Issues $80,000 -
Ad Hoc Deep Water Expl/Production Cltn $160,000 -
Affymax Inc $80,000 -
AG Spanos Companies $60,000 -
Air France-KLM $40,000 -
Alliance for Quality Nursing Home Care $100,000 -
Alliance/Compar Effect Stakeholders Cltn $30,000 -
Alliance/Compar Effect Stakeholders Coal $20,000 -
Amer Assn of Responsible Auto Lenders $180,000 -
America's Blood Centers $40,000 -
American Ambulance Assn $180,000 -
American Assn for Justice $290,000 -
American Assn of Orthodontists $120,000 -
American Assn/Independent Claims Profs $40,000 -
American Beverage Assn $10,000 -
American College of Gastroenterology $100,000 -
American College of Rheumatology $120,000 -
American Medical Rehab Providers Assn $160,000 -
American Whitewater $0 -
Ameriqual Group $0 -
AO Smith Corp $80,000 -
Applied Discovery Inc $0 -
APS Healthcare $50,000 -
Arvesta Corp $30,000 -
Asian American Hotel Owners Assn $0 -
Asn Nacional de Empresarios de Colombia $30,000 -
Assn of American Railroads $90,000 -
Assn of Settlement Companies $120,000 -
Assured Guaranty $120,000 -
AT&T Inc $0 -
Atlanta Symphony Orchestra $70,000 -
Attorneys Information Exchange Group $40,000 -
Autodesk Inc $50,000 -
Avista Corp $0 -
Baron & Budd $30,000 -
Barwest $0 -
Bay Mills Indian Community $60,000 -
Baylor University $90,000 -
Bexar County, TX $70,000 -
Boys & Girls Home & Family Services $40,000 -
Brazilian Chicken Producer/Export Assn $0 -
Brink's Co $100,000 -
Bristol-Myers Squibb $160,000 -
Bristol-Myers Squibb $60,000 Mead Johnson Nutritional
Buffalo Economic Renaissance Corp $60,000 -
Campaign for US-Afghan Partnershp $90,000 Campaign for US-Afghan Partnership
Campaign for US-Afghan Partnershp $10,000 -
Canada Pension Plan Investment Board $30,000 -
Carbon Motors Corp $0 -
Carmel Industries $10,000 -
Cerberus Capital Management $120,000 -
CH Boehringer Sohn $50,000 Boehringer Ingelheim Corp
Chicago Board Options Exchange $0 -
Chickasaw Nation $0 Chickasaw Nation Industries
Children's Hospita/The King's Daughters $80,000 -
Children's Tumor Foundation $70,000 -
Childress Pediatric Trauma Center $20,000 -
Chlorine Institute $0 Halogenated Solvents Industry Alliance
Christus Health $180,000 -
City & County of Broomfield, CO $40,000 -
City & County of Denver $80,000 -
City of Agoura Hills, CA $40,000 -
City of Arvada, CO $40,000 City of Arvada
City of Baton Rouge, LA $80,000 -
City of Fort Collins, CO $5,000 -
City of Galveston, TX $30,000 -
City of Greenville, SC $60,000 -
City of Jacksonville, FL $190,000 -
City of Los Angeles, CA $40,000 -
City of Mesa, AZ $60,000 -
City of Minneapolis, MN $80,000 -
City of Richmond $50,000 -
City of San Antonio, TX $60,000 -
City of San Diego, CA $100,000 -
City of San Jose, CA $70,000 -
City of San Juan Capistrano $40,000 -
City of Thornton $40,000 -
Civic Technologies $0 -
Clemson University $100,000 -
Cltn of Full Service Community Hospitals $80,000 -
Cltn/Preservation of Interstate Commerce $140,000 -
Coalition for Patent Fairness $240,000 -
Cohen Companies $0 -
Colorado Assn of Transit Agencies $40,000 -
Community Education Centers $50,000 -
Community Service Society $40,000 -
Compusearch Software Systems $10,000 -
Consorico Azucarero de Empresas Indust $70,000 -
Constitutional Walking Tour of Philadelp $30,000 -
Consumer Healthcare Products Assn $120,000 -
Council for Quality Respiratory Care $50,000 -
Covenant Health System $40,000 -
Cowlitz Indian Tribe $30,000 -
Cubist Pharmaceuticals $20,000 -
D'Addario & Co $10,000 -
DCH Health System $100,000 -
Delta Airlines $30,000 -
Denver Health & Hospital Authority $0 -
Denver Regional Transportation District $120,000 -
Depository Trust & Clearing Corp $210,000 -
Detroit Economic Growth Corp $70,000 -
Detroit Salt $10,000 -
Devon Energy $0 -
Driving America's Future $0 -
E*TRADE Group $380,000 -
ECC Capital Corp $0 -
Eklutna Inc $0 -
Entegris Inc $10,000 -
Enviance $5,000 -
ESL Investments $10,000 -
Federal Judges Assn $20,000 -
Financial Security Assurance $120,000 -
Fix Housing First Coalition $40,000 -
Florida Admiralty Trial Lawyers Assn $10,000 -
Forethought Financial Services $0 -
Fox Insurance Co $0 -
Fulton County, GA $100,000 -
Galderma Laboratories $0 -
General Chemical Corp $10,000 -
George Mason University $80,000 -
GigaTrust $0 -
Goodwill Industries International $10,000 -
Goodwill Industries International $10,000 Goodwill Industries/Acadiana
Goodwill Industries International $10,000 Goodwill Industries/Kentucky
Goodwill Industries International $10,000 Goodwill Industries/Manasota
Goodwill Industries International $10,000 Goodwill Industries/Northern Iowa
Goodwill Industries International $10,000 Goodwill Industries/Sacramento Valley
Goodwill Industries International $10,000 Goodwill Industries/Southern Arizona
Government Liquidation $0 -
Greater LaFourche Port Commission $20,000 -
Green Rock Energy LLC $80,000 -
Grocery Manufacturers of America $80,000 -
GRTC Transit System $60,000 -
Hartsfield-Jackson International Airport $20,000 -
HBK Capital Management $0 -
Heartland Family Service $40,000 -
Hesco Military Products $10,000 -
Hewitt Assoc $270,000 -
Hillside Capital $30,000 -
Hillside Family of Agencies $80,000 -
Home Recording Rights Coalition $20,000 -
Homes For America Alliance Inc $50,000 -
Horty, Springer & Mattern $60,000 -
Hyjek & Fix $40,000 -
Hyperdynamics Corp $50,000 -
I-69 Mid-Continent Highway Coalition $180,000 -
Imperial Irrigation District $0 -
Ineos Fluor Americas $120,000 -
International Cigars/Pipe Retailers Assn $40,000 -
International Swaps & Derivatives Assn $15,000 -
ION Geophysical Corp $10,000 -
Jacksonville Electric Authority $0 -
James Campbell Co $100,000 -
James Hardie Building Products $0 -
JetDirect Aviation Holdings $0 -
JG Wentworth & Co $90,000 -
Kerr Corp $10,000 -
Kidney Care Council $150,000 -
Kidney Care Partners $400,000 -
King County $100,000 -
Laquidara & Edwards $60,000 -
Las Vegas Sands $210,000 Venetian Casino Resort
Las Virgenes Municipal Water District $40,000 -
Leon County, FL $40,000 Leon County Board of County Commissioner
Lilliputian Systems $30,000 -
Lindenwood University $0 -
Liquidity Services $0 -
London Stock Exchange $10,000 -
LOOP Inc $0 -
Los Angeles County $140,000 LA County Dept of Water & Power
Los Angeles World Airports $100,000 -
Los Coyotes Band/Cahuilla/Cupeno Indians $0 -
Louisiana Economic Development $50,000 -
Lovelace Respiratory Research Institute $120,000 -
M.I.T. Ltd $70,000 -
Magnolia Management Corp $40,000 -
Major League Baseball Players Assn $0 -
Managed Funds Assn $80,000 -
Marathon Oil $0 -
MARC Coalition $130,000 -
Mars Inc $720,000 -
Martek Biosciences $80,000 -
Maxxam Inc $0 -
Media Rating Council $5,000 -
Medicines Co $140,000 -
Merchant's Payments Coalition $120,000 -
MERS/Missouri Goodwill Industries $10,000 -
MG International $0 -
Microsoft Corp $70,000 -
Mining Awareness Resource Group $20,000 -
Missouri State University $40,000 -
Moet Hennessy USA $0 -
Monroe Chamber of Commerce $60,000 -
Mortgage Investors Coalition $330,000 -
mPhase Technologies $20,000 -
MSE Inc $50,000 -
National Animal Supplement Council $30,000 -
National Assn for Home Care $90,000 -
National Assn of Broadcasters $90,000 -
National Council on Crime & Delinquency $50,000 -
National Football League Players Assn $50,000 -
National Marrow Donor Program $60,000 -
National Oilheat Research Alliance $70,000 -
National Yogurt Assn $0 -
Natl Assn of Consumer Bankruptcy Attys $40,000 -
Natl Ctr American Indian Enterprise Dev $70,000 -
NC12 Inc $30,000 -
Nehemiah Corp of America $0 -
New Song Urban Ministries $0 -
New Visual Media Group $20,000 -
New York Academy of Sciences (NYAS) $20,000 -
New York Life Insurance $100,000 -
NextWave Telecom $60,000 -
Noble Peak Vision Corp $0 -
North Carolina Baptist Hospitals $80,000 -
Northwest Airlines $20,000 -
Northwestern Mutual $60,000 Northwestern Mutual Life
Ochsner Clinic Foundation $100,000 -
Offshore Marine Service Assn $100,000 -
Ohio University $80,000 -
Oracle Corp $50,000 -
Ospraie Management $0 -
Ouachita Intermodal Terminals $60,000 -
Palm Harbor Homes $40,000 -
Paramount Farms $110,000 -
Peace Officers Research Assn of CA $40,000 -
People for People $20,000 -
Pfizer Inc $200,000 -
PickensPlan.com $0 -
Pinellas County, FL $80,000 -
Plains Exploration & Production $0 -
Policy & Taxation Group $50,000 -
POM Wonderful $10,000 -
Port of Galveston $50,000 -
Port of Oakland $0 -
Quadriserve $130,000 -
Register.com $50,000 -
Renaissance Learning $20,000 -
Resurrection Health Care $80,000 -
Reznick Group $0 -
Royal Dutch Shell $0 Shell Oil
S3 Matching Technologies $80,000 -
Saint Mary's College $30,000 -
San Jacinto College $30,000 -
Sanderson Farms $0 -
Schlumberger Ltd $0 Schlumberger Technology
Sears Holdings Corp $70,000 -
Sepracor Inc $40,000 -
Silverlink $10,000 -
Smithfield Foods $40,000 -
Smiths Group plc $290,000 Smiths Detection
Sony Corp $60,000 Sony Electronics
Southwest Ohio Regional Trans Auth $100,000 -
St Thomas Aquinas College $60,000 -
State of Hawaii $130,000 Office of Hawaiian Affairs
State of New York $60,000 New York Metro Transportation Authority
Station Casinos $0 -
Talecris Biotherapeutics $160,000 -
Team Focus Inc $40,000 -
Teamwork Ministries International $40,000 -
Teijin Twaron USA $120,000 -
Tejon Indian Tribe $0 -
Terex Corp $0 -
Texas Biological/Agro-Defense Consortium $0 -
The Manor $40,000 -
Tohono O'Odham Nation $180,000 -
Top Tobacco $220,000 -
Total SA $0 -
Town of Breckenridge & Hwy 9 Coalition $0 -
Town of Longboat Key, FL $100,000 -
Trade Bank of Iraq $50,000 -
Transurban Group $160,000 -
United Way of America $70,000 United Way of Southeastern Michigan
University of Oklahoma $40,000 -
University of West Georgia Foundation $60,000 -
University of Wisconsin $0 -
US Pharmaceutical Distributors Inc $20,000 -
US Renal Care $15,000 -
Vector Group $90,000 -
Verizon Communications $100,000 -
Via Metropolitan Transit $40,000 -
Virginia Community College System $40,000 -
Vornado Realty Trust $10,000 -
Wage Works $30,000 -
Waite, Schneider et al $100,000 -
Wake Forest University $130,000 Wake Forest University Health Sciences
Wal-Mart Stores $120,000 -
Wal-Mart Stores $0 Walton Enterprises
Walnut Industries Inc $30,000 -
Warner Power Conversion LLC $90,000 -
Washington, DC $20,000 Washington DC - Office of Deputy Mayor
Washington, District of Columbia $0 Office of the CFO for the Govt of DC
WAVi $0 -
Wayne County, MI $160,000 -
Wayne State University $120,000 -
Wegmans Food Markets $30,000 -
Welch Allyn Inc $160,000 -
West Coast Chabad-Lubavitch $120,000 -
Wirefree Partners $10,000 -
Women's Sports Foundation $40,000 -
Youth First Inc $30,000 -