Is the Obama WH evading disclosure laws?

posted at 2:20 pm on June 25, 2010 by Ed Morrissey

The New York Times buries the lede in its story about how the White House has avoided getting publicly linked to lobbyists after making them an issue during the presidential campaign of 2008.  Eric Lichtblau takes a break from exposing national-security secrets to expose the practice of making the local Caribou Coffee an extension of the White House in order to meet with lobbyists in an environment without those pesky Secret Service logs, which is bad enough for an administration that keeps dislocating its shoulder from constantly patting itself on the back on transparency.  However, the real story may be that the White House is breaking laws intended on keeping records of all official business in the executive branch:

White House officials said there was nothing improper about the off-site meetings.

“The Obama administration has taken unprecedented steps to increase the openness and transparency of the White House,” said Dan Pfeiffer, director of communications. “We expect that all White House employees adhere to their obligations under our very stringent ethics rules regardless of who they are meeting with or where they meet.”

Attempts to put distance between the White House and lobbyists are not limited to meetings. Some lobbyists say that they routinely get e-mail messages from White House staff members’ personal accounts rather than from their official White House accounts, which can become subject to public review. Administration officials said there were some permissible exceptions to a federal law requiring staff members to use their official accounts and retain the correspondence.

Do those “permissible exceptions” include dealing with lobbyists?  I’d have to buy the Brooklyn Bridge before I’d accept that explanation.  It seems to me that communications on matters of policy with lobbyists — or anyone else — was the explicit intention of Congress to capture for the historical record.

But really, it’s worse than that.  Using personal e-mail accounts to communicate with lobbyists is an intentional evasion of those sunlight laws, regardless whether it can be bent into an exception or not.  Why does the Obama administration, which unfairly and  hyperbolically demonized all lobbyists both before and after taking office, feel the need to keep those communications from eventual public review?  What exactly are they hiding?

I’m not sure, but I’d bet a Caribou latte that it’s not pleasant.  And a Caribou latte might have more transparency than this Hope and Change White House.

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Now let us imagine this had been the Bush Administration pulling this one off.

Anyone wish to estimate the total decibel level resulting from the howling from the media if it had been that administration tied to this one?

pilamaye on June 25, 2010 at 2:24 PM

This bho wh has and is evading all laws in our Repbulic!
L

letget on June 25, 2010 at 2:25 PM

Obama’s personal blackberry is probably on par with Heidi Fleis’s personal diary.

fourdeucer on June 25, 2010 at 2:26 PM

What exactly are they hiding?

That George Soros is calling the shots ?

Jeff2161 on June 25, 2010 at 2:27 PM

Is the Obama WH evading disclosure laws?

There we go.

BallisticBob on June 25, 2010 at 2:27 PM

Obama’s personal blackberry is probably on par with Heidi Fleis’s personal diary.

fourdeucer on June 25, 2010 at 2:26 PM

Fleis’ diary at least contains an honest account of who whored themselves out for her and for how much. I don’t think Obama is nearly as honest with himself about what he does.

teke184 on June 25, 2010 at 2:28 PM

And the sun rises in the East. Since when do liberals obey the laws?

leftnomore on June 25, 2010 at 2:29 PM

I am shocked they are even reporting on it. Lately the NYT seems to be attempting to do it’s job at times. First with the Dodd nonsense and now this. Maybe they are trying to stay afloat by, uh, actually doing stuff like real reporting?

Johnnyreb on June 25, 2010 at 2:29 PM

Ed, you need to make a correction in your Weigel post. NYS has closed primaries.

Connie on June 25, 2010 at 2:30 PM

(swinging sock full of quarters into an open palm)
 
I said “we’ve taken unprecedented steps to increase the openness and transparency of the White House.” Now shut up before someone gets hurt.

rogerb on June 25, 2010 at 2:31 PM

Grounds for impeachment? Probably not.

Obama and his goons, make Al Capone, and his goons look like pre-school bullies.

capejasmine on June 25, 2010 at 2:31 PM

This is not surprising coming from this rogue regime we have in the White House…

d1carter on June 25, 2010 at 2:31 PM

Would love to see someone sit in Caribou Coffee with a tape recorder and capture every conversation these people have. I don’t think you have a reasonable expectation of privacy in a public establishment, so I doubt it would break any laws.

Shivv on June 25, 2010 at 2:32 PM

“Why does the Obama administration, which unfairly and hyperbolically demonized all lobbyists both before and after taking office, feel the need to keep those communications from eventual public review? What exactly are they hiding?

Probably why he’s always golfing: no record, it didn’t happen, it wasn’t said.

Dusty on June 25, 2010 at 2:34 PM

If a lobbyist picked up the coffee tab for a government official or vice versa wouldn’t they have to report it especially if they ask their company/the government for reimbursement? Can we force them to show the receipts?

Somehow I don’t see Dems who want computer companies to give them stuff for free because “their the WH” as willing to suck up a $4 latte or more repeatedly- I am betting they forced the lobbyists to pick up the tab.

journeyintothewhirlwind on June 25, 2010 at 2:35 PM

What are DC’s laws on recording conversations? It’d be hilarious if a news team (where’s O’Keefe lately?) got permission to sit in there with a camera and microphone. Or sit outside and film WH folks and lobbyists walk in.

hawksruleva on June 25, 2010 at 2:35 PM

I don’t think you have a reasonable expectation of privacy in a public establishment, so I doubt it would break any laws.

Shivv on June 25, 2010 at 2:32 PM

I am willing to bet my next paycheck that either the Capitol Police or the Secret Service would be called on that person rather quickly. Something silly like loitering, even if you had bought $200 in coffeee. Lately it seems that public officials are figuring out that recording devices are bad or something.

Johnnyreb on June 25, 2010 at 2:37 PM

If a lobbyist picked up the coffee tab for a government official or vice versa wouldn’t they have to report it especially if they ask their company/the government for reimbursement? Can we force them to show the receipts?

Somehow I don’t see Dems who want computer companies to give them stuff for free because “their the WH” as willing to suck up a $4 latte or more repeatedly- I am betting they forced the lobbyists to pick up the tab.

journeyintothewhirlwind on June 25, 2010 at 2:35 PM

According to the rules, yes. But according to the rules, they shouldn’t be using their personal email accounts to communicate with lobbyists, or meet with them off the record to discuss matters that are probably often matters of national security.

Anyone else wonder if classifieds documents are routinely shared at a trendy coffee shop?

hawksruleva on June 25, 2010 at 2:37 PM

Doesn’t the left still screech about the “secret” meetings between Cheney and the oil industry lobbyists? Wasn’t that at the White House?

Joe Caps on June 25, 2010 at 2:38 PM

“These are not the transparency requirements you’re looking for…”

eeyore on June 25, 2010 at 2:39 PM

I don’t think you have a reasonable expectation of privacy in a public establishment, so I doubt it would break any laws.

Shivv on June 25, 2010 at 2:32 PM

It’s not the location, it’s the conversation…it’s recording who and when.
They don’t “log” when they go to Starbucks, but they do log their appointments in their office.
That is the point of the article, they are trying to bypass laws by making it “public” place…whatever that means.
Gore was in a “public place”…

right2bright on June 25, 2010 at 2:41 PM

Hmmm. Seems to me I’ve heard some lefties somewhere making complaints about a Governor using a personal account for official business.

If it was an issue then, why not now?

NavyspyII on June 25, 2010 at 2:43 PM

Eric Lichtblau takes a break from exposing national-security secrets to expose the practice of making the local Caribou Coffee an extension of the White House in order to meet with lobbyists

Hahahaha, that’s priceless. And true.

scalleywag on June 25, 2010 at 2:43 PM

They’re probably just arranging future private-sector employment in the industries they regulate. It wouldn’t be proper to do it from the White House. :)

RBMN on June 25, 2010 at 2:44 PM

Laws are for little people.

Rebar on June 25, 2010 at 2:44 PM

Most ‘transparent’ White House, evah!

GarandFan on June 25, 2010 at 2:45 PM

The thought of our dictator in chief living a life of luxury after he ruins America makes me sick.

mobydutch on June 25, 2010 at 2:50 PM

This news story sums up the way this admin operates.

rob verdi on June 25, 2010 at 2:50 PM

I’m shocked that people actually expect this administration to follow the rule of law. We knew from the beginning what was going to happen, that is what is so transparent about it. 2012 cannot come soon enough

ConservativePartyNow on June 25, 2010 at 2:50 PM

I think he is just waiting for the right time to tell us….kind of like asking a girl for the first dance, the timing has to be right.

right2bright on June 25, 2010 at 2:51 PM

I won…

right2bright on June 25, 2010 at 2:52 PM

A different day a different lie..and the press, well they’re sure it’s all on the up and up.

clnurnberg on June 25, 2010 at 3:08 PM

I’m not sure, but I’d bet a Caribou latte that it’s not pleasant. And a Caribou latte might have more transparency than this Hope and Change White House.

Wondering….do Starbucks and Caribou and all the other exploiters of South American labor and natural resources
Sorry.

Wondering….who wants to bet that these coffee houses have security cameras running 24 hours a day? Can you say Brietbart?

BobMbx on June 25, 2010 at 3:08 PM

Why does the Obama administration … feel the need to keep those communications from eventual public review?

Is that rhetorical?

tommylotto on June 25, 2010 at 3:09 PM

What exactly are they hiding?
That George Soros is calling the shots ?

Jeff2161 on June 25, 2010 at 2:27 PM

Well then their not hiding it very well.

Archimedes on June 25, 2010 at 3:10 PM

Fleis’ diary at least contains an honest account of who whored themselves out for her and for how much. I don’t think Obama is nearly as honest with himself about what he does.

teke184 on June 25, 2010 at 2:28 PM

Maybe he’s forwarding text messages of praise and worship to himself, then uses them to reinforce his belief system.

“Look at all these message of support…I’m the greatest!..now, where did I put that Just for Muslim Men hair color stuff…..”

BobMbx on June 25, 2010 at 3:14 PM

When did he ever *not* sidestep the truth and the law? Why would anyone expect that to change?

Eren on June 25, 2010 at 3:20 PM

FYI…Caribou Coffee is owned by Muslims. Not that there’s
anything wrong with that.

Firmworm on June 25, 2010 at 3:27 PM

Democrats just humor us by pretending to care about laws.

In their view, laws are only to be enforced against Republicans.

Democrats just ignore laws that they disagree with.

Immigration laws? Ignored.

Parental notification laws? Ignored.

Disclosure laws? Ignored.

Democrats are lawless criminals.

We need to accept the things we cannot change.

NoDonkey on June 25, 2010 at 3:28 PM

If you go to DC put a coffeehouse near the WH on your list of places to go and make sure your camera or your phone camera has lots of memory. Sunlight.

journeyintothewhirlwind on June 25, 2010 at 3:28 PM

Caribou Coffee is owned by Muslims.

That explains why they won’t serve me an Irish Coffee.

NoDonkey on June 25, 2010 at 3:30 PM

Why do lawyers always want to skate around on technicalities avoiding the “letter of the law” rather than adhering to the spirit of the assertion or law applied? They are not fooling anyone!
.
This administration regime has bent and broken so much stuff that it’s really just like they drove the car off the cliff, as Ramirez cartooned a few weeks ago.

ExpressoBold on June 25, 2010 at 3:30 PM

Remember how Gov. Palin got criticized during the last Presidential campaign because she sometimes sent out emails on work stuff from her private email account? Some of it came up when the Kernell kid hacked her yahoo email account. There was much hue and cry from liberal sources suggesting she was deliberately evading the requirements to log all work-related emails. I think her argument was that she was juggling a busy work/family life with the help of a couple of Blackberries and didn’t always send out the work stuff from the right email account. Scheduling meetings offsite to avoid the Secret Service logs sounds beyond anything Palin was pilloried for.

Jill1066 on June 25, 2010 at 3:31 PM

I’m sure all of our HA Leftist legal experts will be happy to weigh in on this with their “opinions”, as soon as they get Axelrod’s talking points e-mailed to them to tell them what to think about all this.

Del Dolemonte on June 25, 2010 at 3:34 PM

But Caribou Coffee has free Wi-Fi.

You can’t get an Iced Pomegranate Vanilla Oolong Tea Latte plus pron at the White House.

Everybody knows that.

SlaveDog on June 25, 2010 at 3:37 PM

ExpressoBold on June 25, 2010 at 3:30 PM

Shame on you. You are going to hurt crr6′s self-esteem if you keep talking about lawyers trying to find ways around the law.

chemman on June 25, 2010 at 4:04 PM

If you go to DC put a coffeehouse near the WH on your list of places to go and make sure your camera or your phone camera has lots of memory. Sunlight.

journeyintothewhirlwind on June 25, 2010 at 3:28 PM

Sunlight Transparency. Great idea!

TN Mom on June 25, 2010 at 4:07 PM

Shame on you. You are going to hurt crr6’s self-esteem if you keep talking about lawyers trying to find ways around the law.

chemman on June 25, 2010 at 4:04 PM

LOL, I asked 6 the other day why she wanted to become a lawyer. She refused to answer the question.

Del Dolemonte on June 25, 2010 at 4:19 PM

Laws, we don’t need to follow no stinkin laws. They’re for the little people…

GrayDog on June 25, 2010 at 4:19 PM

If it’s not legal than why isn’t anyone doing something about it?

Sultry Beauty on June 25, 2010 at 4:24 PM

If it’s not legal than why isn’t anyone doing something about it?

Sultry Beauty on June 25, 2010 at 4:24 PM

Do you really think the press or the DOJ will do something other than say, “we looked into it and we’re pure as the wind driven snow”?

clnurnberg on June 25, 2010 at 5:23 PM

If there are OMB staffers meeting with any industry representatives off the record in a coffee shop, it is a major violation of law. I did a couple of lobbying visits at OMB during the Bush Administration on a HUD rulemaking, and it was like visiting Fort Knox. All such meetings must be reported as part of the official record of every rulemaking. There are strict rules about what can and cannot be discussed by a government official in such meetings. Regulations can be thrown out in court if the government fails to follow the law precisely.

This is a big deal. Hopefully Rep. Issa will add this to his list of investigations next year. And if I were a business being crippled by the EPA’s new CO2 rules, I would sure as hell sue to have them invalidated and force the White House to come clean about all of its off-the-record meetings with environmental lobbyists.

My outrage meter was busted a long time ago buy this gang of thugs, but this may take the cake.

rockmom on June 25, 2010 at 5:35 PM

slick weasels the whole lot of them…

like the folks have said before…if W did this, holy macaroni…

cmsinaz on June 25, 2010 at 5:41 PM

This bho wh has and is evading all laws in our Repbulic!
L

letget on June 25, 2010 at 2:25 PM

Don’t worry, we won’t be a republic much longer. Chairman Obamauo and his Politburo(Congerss) are in the process of eliminating the Electoral College. Sure makes you think twice about another 20 million Illegal Aliens/ Democrat votes.

God Bless America!(we’re gonna need it)

paratisi on June 25, 2010 at 5:58 PM

(Congerss)= Congress
Sorry, Dyslexia on overdrive today.

paratisi on June 25, 2010 at 6:00 PM

Sunlight Transparency. Great idea!

TN Mom on June 25, 2010 at 4:07 PM

Thank you. I have had enough of O’s transparency. Digital transparency works for me. And if it movie capability so much the better.

journeyintothewhirlwind on June 25, 2010 at 6:44 PM

Ed, have you forgotten that you reported this two weeks ago?

It turns out that McLaughlin sent “numerous” e-mails from his personal account while at work for the White House. He managed to bypass the White House firewall by using his cell phone to send the e-mails. What did the Obama administration do when it discovered McLaughlin’s activities? He received a “reprimand” for “inadvertently” bypassing the lobbying and e-mail restrictions.

Remember how Karl Rove’s personal e-mail account became a national news story? Democrats howled that Rove was secretly plotting political strategies without any of the oversight required by law for people with White House positions. Suddenly, bypassing the Records Act is the cool thing to do — and the Daily Caller reports that everyone is doing it now…

Paul_in_NJ on June 25, 2010 at 8:46 PM

http://www.rense.com/general32/americ.htm
Any of this make any sense to you folks?

LarryG on June 26, 2010 at 2:11 PM