[EL] Legislative ethics probe of non-legislator for stating an intent to criticize a legislator?

[Craig Holman]

 Steve and Mark:

It is often overlooked, but the Honest Leadership and Open Government Act of 2007 also made lobbyists liable for violating, or encouraging the violation of, congressional ethics rules at the federal level. 

The new LD-203 direct contribution reportsfiled by lobbyists and registrants requires certification that the filer has read and is familiar with thecongressional ethics rules and “has not provided, requested, or directed agift, including travel, to a Member of Congress or an officer or employee ofeither House of Congress with knowledge that the receipt of the gift wouldviolate” the rules.[1]Furthermore, The LDA, as amended by HLOGA, now imposes civil and criminalpenalties on lobbyists and registrants who “make a gift or provide travel to acovered legislative branch official if the person has knowledge that the giftor travel may not be accepted by that covered legislative branch official underthe Rules of the House of Representatives or the Standing Rules of the Senate(as the case may be).”[2]



[1]  2 U.S.C.A §1604(d)(1)(G).

[2]  2 U.S.C.A. §1613.




 

Craig Holman, Ph.D.
Government Affairs Lobbyist
Public Citizen
215 Pennsylvania Avenue SE
Washington, D.C. 20003
T-(202) 454-5182
C-(202) 905-7413
F-(202) 547-7392
Holman at aol.com
 

 

-----Original Message-----
From: Steve Klein <stephen.klein.esq at gmail.com>
To: Scarberry, Mark <Mark.Scarberry at pepperdine.edu>
Cc: law-election at UCI.edu <law-election at UCI.EDU>
Sent: Tue, Mar 5, 2013 2:07 pm
Subject: Re: [EL] Legislative ethics probe of non-legislator for stating an intent to criticize a legislator?



Mark,
 
Wyoming has a similar punishment for lobbying violations, but no history of enforcement (that I was able to find briefly researching the issue a few months ago). From what I gather, the penalty would have greatest import with regards to speaking at committee meetings and the like: although in my limited experience state legislative committees usually open up testimony to anyone and everyone, especially for controversial bills (such as, I believe, such committees are doing in Colorado over their gun bills), they don't have to do this. The Supreme Court case law I've read makes it clear that committees don't have to take testimony from anyone, can limit who speaks and for how long, and all without First Amendment problems. The reasoning makes sense: government has to do business, and while there is a right to free speech there is no right to a citizen filibuster.  
 
So, some committee chairs can and do limit testimony to registered lobbyists, meaning the penalty could certainly hurt. 
 
 




On Tue, Mar 5, 2013 at 11:52 AM, Scarberry, Mark <Mark.Scarberry at pepperdine.edu> wrote:


>From the linked Denver Post article:
“If[,] after the ethics committee probe[,] legislative leaders believe an ethics violation occurred, they can suspend lobbying privileges, issue a letter of admonition or recommend lawmakers censure Neville.”
A legislative committee can suspend the right of a citizen – lobbyist or not – to communicate with legislators? Can withdraw that right because of a statement of intention to criticize a legislator? Or what else would be the effect of “suspend[ing] lobbying privileges? Prohibition on using the legislators’ restrooms? J (I realize that the lobbyist didn’t say he would criticize the legislator directly, but that should be irrelevant.)
 
Mark
 

Mark S. Scarberry
Pepperdine Univ. School of Law
Malibu, CA 90263
(310)506-4667

 

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Tuesday, March 05, 2013 8:08 AM
To: law-election at UCI.edu
Subject: [EL] ELB News and Commentary 3/5/13

 

“Colorado gun lobbyist faces ethics probe by lawmakers” 

Posted on March 5, 2013 8:06 am by Rick Hasen 

Free speech or an inappropriate threat from a lobbyist?  This is one to watch (via Steve Klein). 



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-- 

Steve Klein
Staff Attorney & Research Counsel*
Wyoming Liberty Group
www.wyliberty.org

*Licensed to practice law in Illinois. Counsel to the Wyoming Liberty Group pursuant to Rule 5.5(d) of the Wyoming Rules of Professional Conduct. 

 
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