Category Archives: lobbying

“Kill Bill”

Tom Edsall reviews the literature on lobbying and rent-seeking for corporations.  (I cover more of this in some detail in this Stanford Law Review article).

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“Why it Doesn’t Matter Whether Celia Roady is a ‘Lobbyist’”

Mike Stern blogs.

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“Organizing for Action struggles to move the needle on Obama’s agenda”

WaPo reports.

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“Dozens of Think Tank Scholars are also Beltway Lobbyists; Why D.C.’s policy shops need to be transparent about who else is paying their scholars”

Important New Republic report.

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“A New Recipe for Election Reform”

Bauer and Potter WaPo oped:

Four decades after the campaign finance reforms that followed Watergate, arguments over the role of money in politics seem increasingly tired and unproductive. We ought to build on the experience of recent years and consider what’s necessary for a new phase of political reform.

Reforms appear destined to fail unless they rest on three key points: They should focus not on further restricting funding for political activity but rather on broadening avenues of citizen participation; they should look beyond contributions to parties and candidates to take into account other ways that money influences politics, including through the intersection of lobbying and political funding; and they should be informed by the experiences of states and localities.

 

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“Congress Members Sprint for Money to Lobby After Election”

Bloomberg: “Looking to expand its lobbying and government affairs practice, Covington & Burling LLP turned to those who know Congress best: elected officials just finishing their terms on Capitol Hill.”

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“In D.C. Circuit, Lobbyists Fight Obama Lobbying Ban”

BLT reports.

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“The Reverse Revolving Door: How Corporate Insiders Are Rewarded Upon Leaving Firms For Congress”

The Nation reports.

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“Lobbyists Keep Freshmen Coming Back for More Checks”

Political MoneyLine reports.

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“Wonkbook: The hopey-changey thing isn’t working out so well”

Ezra Klein: “Under Obama, today’s Democratic Party is not the party of campaign-finance reform in any serious way. They favor it abstractly, but with the exception of relatively modest laws meant to roll back the effects of Citizens United and its related rulings, they expend no political capital or intellectual energy on the topic. Washington is safe. Democracy less so.”

Common Cause responds to Ezra.

 

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“Obama’s campaign finance reform plans have faded”

WaPo:

President Obama’s once-broad ambitions to clamp down on the influence of special interests have been largely abandoned since his reelection, dismaying longtime allies in the campaign-finance reform movement….

Reformers of both parties describe the president’s campaign finance record in unsparing terms.

“It’s disgraceful, absolutely disgraceful,” said Sen. John McCain (R-Ariz.), who ran against Obama in 2008 and has spent years trying to limit the amount of money that pours into federal political campaigns.

In a joint letter to Obama on Monday, seven reform groups expressed their “deep concern about the nation’s corrupt campaign finance system and about your failure, to date, as president to provide meaningful leadership or take effective action to solve this fundamental problem facing our democracy.”

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“Just How Many Newt Gingrich’s Are There on K Street? Estimating the True Size and Shape of Washington’s Revolving Door”

Timothy LaPira and Herschel F. Thomas III have posted this draft on SSRN.  Here is the abstract:

Former Speaker Newt Gingrich’s choice not to register under the Lobbying Disclosure Act (LDA) for his “historical advice” to Freddie Mac was a controversy in the 2012 Republican primary. The practice of carefully crafting policy advocacy activities to avoid triggering disclosure requirements is commonly referred to as the “Daschle exception” after the former Senate Majority Leader became a leading “strategic adviser” to one of Washington’s biggest lobbying firms. In this paper we ask: how many professionals are engaged in policy advocacy, and how common is it for them to have worked in the federal government? We assume that high-profile cases of Daschle and Gingrich are not isolated, so we seek to account for lobbying and policy advocacy in as large an empirical scope as possible. Using a new data set of professional biographies of both registered lobbyists and unregistered policy advocates, we estimate that there are more professionals engaged in influencing public policy “under the radar” than there are who are transparent about their clients and activities, implying that lobbying disclosure reports provide only a partial view of policy influence in Washington. We also find that, unlike Gingrich and Daschle, unregistered policy advocates are less likely to have gone through the revolving door and are more likely to be general political process experts rather than institutional specialists.

 

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“Graham’s campaign collects bundle from lobbyists”

CPI reports.

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OFA, Which Won’t Take Lobbyist Money, Registers as Lobbyist

Free Beacon reports (via Eric Brown).

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“Conservative Group Helping Industry Fight Federal Cuts”

NYT: “As one of the country’s largest and oldest conservative advocacy groups, the American Conservative Union has long fought to rein in federal spending and limit the size of government. But behind the scenes, the group has formed a partnership with business lobbyists to tame the activists who have pushed Republican leaders in Congress to adopt some of the most austere spending limits in decades.”

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“Tax Lobby Builds Ties to Chairman of Finance Panel”

Must-read NYT:

To make their case as Congress prepares to debate a rewrite of the nation’s tax code, this diverse set of businesses has at least one strategy in common: they have retained firms that employ lobbyists who are former aides to Max Baucus, the chairman of the Senate Finance Committee, which will have a crucial role in shaping any legislation.

No other lawmaker on Capitol Hill has such a sizable constellation of former aides working as tax lobbyists, representing blue-chip clients that include telecommunications businesses, oil companies, retailers and financial firms, according to an analysis by LegiStorm, an online database that tracks Congressional staff members and lobbying. At least 28 aides who have worked for Mr. Baucus, Democrat of Montana, since he became the committee chairman in 2001 have lobbied on tax issues during the Obama administration — more than any other current member of Congress, according to the analysis of lobbying filings performed for The New York Times.

See also this related graphic.

 

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“Recommendations for Improving the Regulation of Federal Lobbyists”

New position paper from the American League of Lobbyists which punts on the issue of campaign finance regulation.

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“Street Talk: The Curious Cases of Vanishing Lobbyists”

Roll Call reports.

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“Appeals Court Vacates Constitutional Ruling On Washington State Grass-Roots Lobby Law”

Bloomberg BNA: “A federal appeals court has reiterated a previous ruling that two conservative groups had no legal standing to challenge the constitutionality of Washington state’s grass-roots lobbying law, but the appeals court also vacated a lower court decision that the state law was consistent with the First Amendment (Many Cultures, One Message v. Clements, 9th Cir.,No. 11-36008, 3/28/13). The appeals court said in a March 28 ruling that it was not necessary to address constitutional issues in a case that was disposed of because of lack of standing. The action left the way open for a possible future challenge to Washington’s grass-roots lobbying law.”

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“Observations on Lobbyists’ Compliance with Disclosure Requirements”

New GAO report.

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Lobbying as a Cause of Shift in Attitudes on Gay Rights in the U.S.?

Fascinating exchange from yesterday’s DOMA argument, relevant to the question whether gays and lesbians are discrete and insular minorities who may be entitled to have laws passed which discriminate against them subject to a heightened standard of review:

CHIEF JUSTICE ROBERTS: I suppose the sea change has a lot to do with the political force and effectiveness of people representing, supporting your side of the case?
MS. KAPLAN: I disagree with that, Mr. Chief Justice, I think the sea change has to do, just as discussed was Bowers and Lawrence, was an understanding that there is no difference — there was fundamental difference that could justify this kind of categorical discrimination between gay couples and straight couples.
CHIEF JUSTICE ROBERTS: You don’t doubt that the lobby supporting the enactment of same sex-marriage laws in different States is politically powerful, do you?
MS. KAPLAN: With respect to that category, that categorization of the term for purposes of heightened scrutiny, I would, Your Honor. I don’t -­
CHIEF JUSTICE ROBERTS: Really?
MS. KAPLAN: Yes.
CHIEF JUSTICE ROBERTS: As far as I can tell, political figures are falling over themselves to endorse your side of the case.
MS. KAPLAN: The fact of the matter is, Mr. Chief Justice, is that no other group in recent history has been subjected to popular referenda to take away rights that have already been given or exclude those rights, the way gay people have. And only two of those referenda have ever lost. One was in Arizona; it then passed a couple years later. One was in Minnesota where they already have a statute on the books that prohibits marriages between gay people. So I don’t think — and until 1990 gay people were not allowed to enter this country. So I don’t think that the political power of gay people today could possibly be seen within that framework, and
certainly is analogous — I think gay people are far weaker than the women were at the time of Frontiero.
CHIEF JUSTICE ROBERTS: Well, but you just referred to a sea change in people’s understandings and values from 1996, when DOMA was enacted, and I’m just trying to see where that comes from, if not from the political effectiveness of — of groups on your side of the case.
\MS. KAPLAN: To flip the language of the House Report, Mr. Chief Justice, I think it comes from a moral understanding today that gay people are no different, and that gay married couples’ relationships are not significantly different from the relationships of straight married people. I don’t think -­
CHIEF JUSTICE ROBERTS: I understand that. I am just trying to see how — where that that moral understanding came from, if not the political effectiveness of a particular group.
MS. KAPLAN: I — I think it came — is, again is very similar to the, what you saw between Bowers and Lawrence. I think it came to a societal understanding. I don’t believe that societal understanding came strictly through political power; and I don’t think that gay people today have political power as that -­this Court has used that term with — in connection with the heightened scrutiny analysis.
CHIEF JUSTICE ROBERTS: Thank you, Ms. Kaplan.
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“Menendez donor reveals lobbying effort — four years late”

Politico:

A company controlled by the Democratic donor in the middle of the Robert Menendez controversy this week revealed that it spent as much as $60,000 on previously undisclosed lobbying.

Salomon Melgen, a wealthy South Florida ophthalmologist and investor, has been fighting the federal government’s 2008 finding that his eye care company – Vitreo-Retinal Consultants – over-billed Medicare by $8.9 million. And he’s gotten help in that effort from his close friend Menendez, a Democratic senator from New Jersey.

 

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“Ex-lawmakers go to lobbying-related jobs”

USA Today reports.

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“What secret e-mails from Enron teach us about influencing politicians”

Interesting post at WonkBlog by Dan Hopkins.

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“How Foreign Governments Make Sure You Don’t Know They’re Lobbying You”

BuzzFeed:

The European Centre for a Modern Ukraine, an obscure nonprofit based in Belgium, was founded by a former top official in Ukraine’s governing party and appears to be a proxy for the country’s pro-Russian government. In 2012, the group hired a pair of high-powered American lobbying firms to advocate on its behalf.

But what those lobbyists, who include Obama-era Democratic superlobbyist Tony Podesta, are actually doing is a mystery. Unlike the Washington firms hired directly by foreign governments, Ukraine’s leadership has slipped its American agenda through an increasingly popular loophole in the federal law intended to regulate foreign activity in the United States, allowing it to follow the minimal disclosure practices required of domestic corporate lobbies, not the extensive ones demanded of registered foreign agents. It’s a loophole now used by a range of post-communist governments, in particular, with money to burn and no particular love of transparency. And it offers a path to the end of a disclosure regime put in place in 1938, amid American concern over the effects of Nazi propaganda.

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“Why Republicans Still Run K Street”

Politico reports.

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“Lobbying Without a Trace”

Roll Call:

Nearly half of the lobbyists who were registered with Congress in 2011 and then went “inactive” in 2012 remained with the same employer, and many continued to influence public policy, according to a study released Wednesday.

The finding by the nonpartisan Center for Responsive Politics illustrates a factor behind the recent decline in federally reported lobbying fees and the number of active lobbyists on K Street: Professionals are taking on roles that leave no public trail because their activities fall outside the scope of disclosure laws.

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“Street Talk: K Street Hiring Chill Leaves Members Cold”

Roll Call: “K Street shops, many in revenue decline for the past couple of years, can no longer afford the luxury of a high-priced former member. Senators usually don’t entertain offers worth less than $1 million, and House members’ threshold is typically about $700,000. And it’s an investment with no guaranteed payoff. Ever.”

The article does note that Covington landed both Sen. Kyl and Rep. Howard Berman. Quite a coup.

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“The Congressman, the Safari King, and the Woman Who Tried to Look Like a Cat”

Mother Jones report, with the subhead: “How did the chair of the House ethics committee end up on a corporate-backed African safari? Meet the shadowy nonprofit that throws some of DC’s finest junkets.”

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Kevin Ring Seeks En Banc DC Circuit Court Review of Lobbying-Related Conviction

See here.

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“Charity Takes Gun Lobby Closer to Its Quarry”

NYT: “On a Monday evening in early February, two months into a national debate over gun violence after the massacre at a Connecticut elementary school, representatives of the firearms industry were wining and dining lawmakers in Washington.”

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Conference: Under the Influence? Interest Groups, Lobbying, and Campaign Finance

The Baldy Center at SUNY Buffalo is sponsoring a conference this Friday and Saturday, March 8 and 9, 2013 on the interaction between lobbying and campaign finance.  Michael Halberstam of SUNY Buffalo Law School is the lead organizer of the conference, which has a stellar lineup, including Nick Allard, Frank Baumgartner, Richard Briffault, Matthew Dimick, Lee Drutman, James Gardner, Heather Gerken, Craig Holman, Robert Jackson, Anthony Johnstone, Michael Kang,  Stuart Lazar, Susan Lerner, Lloyd Mayer, Amy McKay, Zephyr Teachout, Dan Tokaji, and Ciara Torres-Spelliscy. Papers from the conference will be published in Election Law Journal.  More information is available here.

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“Colorado gun lobbyist faces ethics probe by lawmakers”

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

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“Lobbyists fear shakedown if Supreme Court lifts campaign contributions cap”

The Hill reports.

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“Congressional staffers often travel on tabs of foreign governments”

WaPo:

More and more foreign governments are sponsoring such excursions for lawmakers and their staffs, though an overhaul of ethics rules adopted by Congress five years ago banned them from going on most other types of free trips. This overseas travel is often arranged by lobbyists for foreign governments, though lobbyists were barred from organizing other types of congressional trips out of concern that the trips could be used to buy favor.

The overseas travel is covered by an exemption Congress granted itself for trips deemed to be cultural exchanges.

A Washington Post examination of congressional disclosures revealed the extent of this congressional travel for the first time, finding that Hill staffers had reported taking 803 such trips in the six years ending in 2011. Lawmakers themselves are increasingly participating, disclosing 21 trips in 2011, more than double the figure in prior years.

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“Data Mining is New Lobbying Gold”

Byron Tau for Politico:

A congressman gets an earful from his neighbor after church about a tax bill. A senator suddenly finds old high school classmates calling her about an upcoming vote on a small business bill.

Those meetings may not be coincidences.

The same social data-mining ability and concept — that voters are more likely to consider new ideas from people they know and trust — that helped power President Barack Obama’s unprecedented field operation is coming to K Street.

 

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“Lobbying Down, But Advocacy Up”

WaPo reports.

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“DiMasi appeal to test ruling on bribery”

Major case on the meaning of Skilling.

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“Unregistered Lobbyists Keep Business Humming”

Roll Call: “The tepid recovery and a dysfunctional Congress do bear blame [for the K Street business downturn], but a third, much overlooked factor exists: A lot of the work influencing government takes place in the shadows, outside of the view of public disclosures such as the LDA. And with a president who has further stigmatized registered lobbyists, K Streeters and some of their clients have made a practice of keeping their work just under the limits of the lobby laws. In some cases, lobbyists have remained on the job, even with the same firms, but have deregistered, keeping their clients and their work secret. One prominent example is Steve Ricchetti, who stayed with his Ricchetti Inc., although no longer as a registered lobbyist, before joining the Obama administration last year. Lobbyists, of course, can’t work for the executive branch — President Barack Obama banned them — unless granted a waiver. I have looked at this very carefully over the years and thought about it a lot,’ said James Thurber, director of the Center for Congressional and Presidential Studies at American University. ‘I have come to the conclusion that the deregistrations that are going on, because people find out that they don’t really need to register or they’re trying to do a little bit of shadow advocacy  . . .  is the most important factor.’”

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“Filings reveal previously unknown; Romney bundlers Nearly six-dozen lobbyists collected $17 million for the GOP presidential candidate”

CPI reports.  See also RGA, DGA reap riches from corporate donors.

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“Kevin Ring to Appeal D.C. Circuit Decision Upholding Conviction on Corruption Charges”

Bloomberg BNA says Ring may try to take the case o the DC Circuit en banc or the Supreme Court.

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“Lobbying Again on Downward Slide in 2012″

Open Secrets reports.

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Charles Lane on Mancur Olson, Barack Obama, Collective Action, and the Rise and Decline of Nations

Interesting column:

The problem is not, as the president implied, the opposition of an implacable few to the manifest general interest.

Rather, it is that Washington is besieged by mutually offsetting lobbies representing almost every conceivable segment of society. Some (e.g., teacher unions) collect under the Democratic Party banner; some (e.g., independent oil operators) tilt Republican; and many (Wall Street, agribusiness, hospitals) have their hooks in both parties.

I discuss the connection between Olson’s theory, national welfare, and lobbying reform in this Stanford Law Review article, Lobbying Rent-Seeking, and the Constitution.

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“Biotech Firms, Billions at Risk, Lobby States to Limit Generics”

Front page NYT report.

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The Biggest Danger of Super PACs, Adelson Redux

Over a year ago, I wrote a CNN opinion piece which concluded: “But I am concerned that Super PAC spending will influence the outcome of close Senate and congressional races. And I am greatly concerned that when Election Day is over and the public will stop hearing about Super PACs, contributions to these groups will skew public policy away from the public interest and toward the interest of the new fat cats of campaign finance, as members of the House and Senate thank their friends and look over their shoulder at potential new enemies.”

I was reminded of this when I read this snippet from the NY Times piece I linked to in the last post:

For instance, the biggest individual financier of the so-called super PACs that sought to defeat Mr. Obama, Sheldon Adelson, is so invested in the fight over Mr. Hagel that he has reached out directly to Republican Senators to urge them to hold the line against his confirmation, which would be almost impossible to stop against six Republican “yes” votes and a unified Democratic caucus.

Given the more than $100 million he donated to the anti-Obama effort last year, no lawmakers need to be reminded of his importance to their future endeavors. People briefed on his involvement said Mr. Adelson, chairman of the Las Vegas Sands Corporation and a longtime supporter of Israel, was calling in conjunction with the Republican Jewish Coalition, a group he has financed for several years.

In an interview with The Wall Street Journal in December, Mr. Adelson said he was prepared to “double” his investment in politics in the coming year.

 

 

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“‘Hello, quid. Where’s the pro quo?’”

With all the focus on today’s DC Circuit recess appointment decision, it is easy to miss its other decision today in the Abramoff-related U.S. v Kevin Ring case.  As BLT reports, it raises interesting questions about campaign contributions a bribes, the illegal gratuity statute, and the relationship of lobbying activity to the First Amendment. Here’s an interesting snippet from the opinion:

Testimony about Ring’s lawful campaign contributions gave jurors a window into the way in which lobbyists like Ring gain influence with public officials. One witness explained the role of campaign contributions in Abramoff’s lobbying practices with a particularly striking metaphor:
Q: Did you ever lobby with campaign contributions?
A: Yes.
Q: How did you do that?
A: Campaign contributions are a little bit different than, for lack of a better term, things of value. I viewed campaign contributions as sort of the ante in a poker game. It’s the price of being involved in the game. We worked—we worked aggressively to raise money and we liked to do it.
Q: What do you mean by that, you viewed campaign contributions as the ante in a poker game?
A: Yeah, it’s a seat at the table. That’s all. That’s all it is.

Trial Tr. 10/28/10 PM 21:9–20. In other words, under the government’s theory of the case, campaign contributions gave the lobbyists access to public officials. Without such evidence, a jury might wonder why an official would sacrifice his integrity for a few Wizards tickets. Perhaps even more significantly, the contribution testimony amounted to strong modus operandi evidence that demonstrated Ring’s transactional relationship with officials and the manner in which he pursued his clients’ political aims. That Ring rewarded “good soldier[s]” with campaign contributions, for example, perhaps suggests that he put other things of value to similar use.

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“Amgen Earns 9,900% Return on Investment (ROI) in Political Contributions; Taxpayer ROI Hits New Low”

Richard Painter blogs.

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Cha-ching!

Ben Nelson earns $1 million (plus!) payday.

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“Fiscal cliff, elections boost spending on lobbying”

CPI reports.

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“K Street Sings the Blues”

Politico: “K Street is living through lean times. The majority of big D.C. lobby shops have seen their revenues flat-line or decline during the last year of President Barack Obama’s first term — buffeted by a lingering global financial crisis, a Congress so divided that it’s unable to conduct routine business and the rise of a permanent campaign mentality between the parties.”

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