Jan. 17 (Bloomberg) -- ``If you want a friend in
Washington,'' Harry Truman said famously, ``get yourself a
dog.''
You can see his point. For one thing, dogs are cuter than
politicians, lobbyists and campaign consultants (unless the dog
is a rottweiler and the consultant is Ralph Reed). More
important, dogs are much less likely to get you into trouble.
Nowadays, with the scandalous behavior of Republican super-
lobbyist Jack Abramoff roiling the capital, a public official
must be concerned not only with who his friends are but what a
``friend'' is. The word is perched atop a legal category
overflowing with technicalities.
``The word `friend' may be used in different ways,'' says
the Gifts and Travel section of the Rules of the U.S. House of
Representatives.
Allow me to paraphrase. According to the Rules --
specifically, section (D) (ii) of clause 5 of House Rule 26, for
those of you who are contemplating getting friendly with a
member of Congress -- a ``friend'' is an individual who gives
you a gift and who (a) doesn't buy it with a corporate credit
card; (b) doesn't try to take a tax deduction for it; (c) has
given you other nice presents in the past, while you've also
given him nice presents; (d) isn't trying to palm off a similar
gift onto another ``Member, Delegate, Resident Commissioner,
officer, or employee of the House''; (e) makes sure the gift,
for convenience's sake, isn't worth more than $250; and (f) so
on, and (g) so on and so on.
Better, as President Truman suggested, to get a pup who's
happy just to play fetch.
Ethics Jungle
The nature of friendship is just one of the many quasi-
Aristotelian difficulties you will encounter in the trackless
jungle of Washington's ethics rules. These are laid out across
various pieces of legislation, agency guidelines, administrative
judgments and judicial decisions.
The complexity alone -- with technicalities endlessly
footnoted and cross-referenced to other technicalities -- is
enough to make you question the feasibility of the whole
project.
Even so, nervous politicians, in response to Abramoff's
lobbying scandal, are determined to enact new ethics rules to
make the jungle even harder to navigate.
What Consequences?
And of course it will all be done with a blithe
indifference to unintended consequences. Washington's last spasm
of moralistic rule-writing gave us the McCain-Feingold campaign
finance bill, whose authors claimed they were draining filthy
lucre from national political parties.
It worked, kind of. It also drove the filthy lucre
elsewhere. One unforeseen result was the swollen coffers of such
fringe groups as the Swift Boat Veterans for Truth and
MoveOn.org, which brought their own brand of corruption --
ideological -- to presidential politics.
Now news reports say House Speaker Dennis Hastert is
considering, among much else, a rule that would ban all
privately funded travel for House members -- because Abramoff
and other lobbyists arranged private funding for trips taken by
their congressional ``friends.''
You don't have to be a soothsayer to imagine the unintended
consequences of such a rule.
No More Bangkok
Members will be forced to tap the federal treasury every
time they want to investigate new endive-growing techniques in
Kuala Lumpur or sweatshops in Bangkok. And demagogic critics
will loudly complain that taxpayers foot the bill for
congressional globe-trotting.
Stung by the new globe-trotting scandal, congressmen will
stay in Washington. And they will become even more insulated and
out-of-touch than those same demagogic critics say they already
are. Demands will be heard for congressmen to break free of the
``Washington cocoon.'' Technical exemptions will have to be made
to the old rule. The ethics jungle will thicken in keeping with
a universal truth: Rules beget more rules.
Whatever lobbying legislation emerges will be a successor
to the landmark Lobbying Disclosure Act of 1995, which for the
first time strictly defined ``lobbying'' and required lobbyists
to register their activities twice a year with congressional
oversight authorities.
Forever Lobbying
Debating the intricacies of lobbying regulation, would-be
reformers should keep in mind the overriding lesson of that
well-intentioned act.
As the regulatory noose grew tighter, as disclosure and
registration requirements grew more transparent and the range of
permissible activity diminished, the amount of lobbying greatly
increased anyway. The number of lobbyists, to use one measure,
roughly doubled in the 10 years since the act was passed.
Lobbying flourished, in other words, even as laws
discouraging it intensified. This suggests that what drives
lobbying is something that the regulation of lobbying leaves
untouched.
As lobbyists never tire of telling us -- usually in tones
dripping with pious self-satisfaction -- lobbying is an activity
protected by the First Amendment, which enjoins Congress from
abridging the right of the people ``to petition the Government
for a redress of grievances.''
Big Stakes
Lobbying thrives on government -- specifically the
government's willingness to meddle in every sector of national
life, multiplying the number of aggrieved citizens who either
want to protect themselves or to benefit from the meddling.
It's not a coincidence that while the lobbying community
roughly doubled in size, the federal government's budget grew by
nearly two-thirds. Big government raises big stakes.
It's possible that smaller government would have the
opposite effect. Nobody will know until it's tried. The 1995
lobbying reform was passed by a Republican majority loudly and
ostentatiously committed to shrinking government's scope and
power.
Do you suppose the failure of lobbying reform is a
consequence -- unintended, naturally -- of the failure to make
good on that much more far-reaching commitment?
To contact the writer of this column:
Andrew Ferguson in Washington at
aferguson62@yahoo.com .