President Obama has always made a pretty big deal about not working with “lobbyists”. Registered lobbyists can’t get stimulus money, can’t be White House advisors and are not allowed access to meetings and summits. So how does one get around that? It’s simple; you just don’t register as a lobbyist. That’s what Andy Stern did and it may come back to bite him.
Grover Norquist, President of Americans for Tax Reform (ATR) and me, as Executive Director of the Alliance for Worker Freedom (AWF) formally requested an investigation by the acting United States Attorney Channing D. Phillips, Esq., into the potentially illegal lobbying activities of the Service Employee International Union (SEIU) President Andy Stern.
In a letter hand delivered today to Mr. Phillips, Senate Secretary Erickson and House Clerk Miller, we wrote:
By this letter, we urge you to investigate the activities of Mr. Andy Stern, President of the Service Employees International Union (SEIU), regarding meetings and other lobbying contacts with administration, White House and Congress during 2009. Specifically, it is important to determine whether those and related activities could constitute unregistered “lobbying” by Mr. Stern in violation of the Lobbying Disclosure Act (LDA), 2 U.S.C. 1601, et seq. In fact, Mr. Stern was a registered lobbyist for SEIU until January of 2007 when he terminated his registration. For the reasons discussed below it appears that Mr. Stern continued to lobby extensively after he terminated his registered status, and in 2009 devoted so much time on lobbying and related activities that he should have re-registered as a lobbyist under LDA.
The evidence appears to put Mr. Stern in quite the pickle. The LDA defines a “lobbyist” as a person who spends over 20% of his time on “lobbying activities” and has two or more “lobbying contacts.” It is important to note that the calculation of the 20% of time spent on lobbying activities includes numerous activities beyond direct lobbying contacts, and is with respect to a calendar quarter of a year. A lobbyist must be registered by his or her employer and both must file reports disclosing their lobbying activities.
A “lobbying contact” includes any oral or written communication with certain individuals in the federal government (“covered” officials) regarding the formulation, modification or adoption of legislation, programs, policies or positions of the government, as well as government contracts or nominations of individuals subject to Senate confirmation. The public officials in government who are “covered” officials include any person in the White House and any Member, Senator or staff member of Congress.
Lobbying activity” under LDA includes time spent on lobbying contacts as well as time spent by the individual on any efforts to support his or her, or another’s, lobbying contacts such as preparation or planning activities, research and other background work, as well as time spent coordinating the lobbying activities of others.
Failure to file accurate reports or to register under LDA is a violation of the Act, which provides for civil penalties of up to $200,000 and criminal penalties of up to 5 years in prison. Reports must be filed electronically with the Clerk of the House and Secretary of the Senate. Responsibility for enforcement of the Act rests with the U.S. Attorney for the District of Columbia, under 2 U.S.C. 1605. In addition, the Government Accountability Office is required under the LDA to conduct random audits of filers. It does not appear that there has been an audit of the SEIU reports.
During the first calendar quarter of 2009, Mr. Stern went to the White House on 11 separate days, including twice on February 18. In the second calendar quarter, Mr. Stern visited on 9 days, and twice on April 13 for a total of 10 visits. Since White House personnel, including the President and Vice President, are considered “covered” officials under LDA, all of Mr. Stern’s communications with them during these 22 visits covering 20 days would constitute “lobbying contacts.” The time spent at the White House also constitutes “lobbying activity” time which must be captured for determining whether Mr. Stern spent more than 20% of his time during any calendar quarter engaged in lobbying. (Incidentally, in 2008, on his own LM-2 disclosure form filed with the U.S. Department of Labor, Mr. Stern disclosed that he spent at least 24% of his time on lobbying and political activities, without separating those two activities out.)
Below are some of Mr. Stern’s personal “tweets”. The full letter and accompanying documents can be viewed on www.atr.org and www.workerfreedom.org
Lobbying with Mayor Bloomberg on health care. Leaving Senator Snowe. Mayor big proponent of keeping people healthy and the right public plan”
(https://twitter.com/SEIU_ANDYSTERN, 6/24/09)
“Great discussion last 2 days with many Senators. Complicated issue but commitment to change. All understand-longer we wait worse it gets”
(https://twitter.com/SEIU_ANDYSTERN, 6/17/09)
“At Springsteen Concert. Lots of fundraisers in box. Good free choice meetings with key Senators today “
(https://twitter.com/SEIU_ANDYSTERN, 5/18/09)
“Great White House meeting with serious, real discussion on cost savings. June 1 deadline for real results. Glad we could get this started.”
(https://twitter.com/SEIU_ANDYSTERN, 5/11/09)
“Leaving White House. Serious , real discussion with great possibilities. Now work to be done by June 1 deadline. Glad we get start this.”
(https://twitter.com/SEIU_ANDYSTERN, 5/11/09)
“At White House for meeting with President on Health care.”
(https://twitter.com/SEIU_ANDYSTERN, 5/11/09)
“Congressman Sestak impressive on CNN. Visiting him tomorrow.”
(https://twitter.com/SEIU_ANDYSTERN, 5/3/09)
“Specter, Sebelius, Washington Capitols, and 100 great days. On a roll Now let’s fire Ken Lewis at B of A today to keep a great week going”
(https://twitter.com/SEIU_ANDYSTERN, 4/29/09)
“just left White House where group from MoveOn to Chamber of Commerce but mostly progressives had cocktails with Prez and VP”
(https://twitter.com/SEIU_ANDYSTERN, 2/18/09)
Full copy of the letter below.
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