CQ TODAY PRINT EDITION
Jan. 21, 2009 – 6:55 p.m.
Lobbying Rules Complicate Lynn Nomination
By Josh Rogin, CQ Staff
President Obama’s new lobbying rules are fueling the concerns of senators from both parties regarding the nomination of William Lynn to become deputy defense secretary.
Obama signed an executive order Wednesday strengthening the restrictions on lobbyists and former lobbyists entering his administration.
“If you are a lobbyist entering my administration, you will not be able to work on matters you lobbied on, or in the agencies you lobbied, during the previous two years,” Obama said in a press conference.
Lynn lobbied on behalf of defense contractor Raytheon Co. until last year and now stands to be in a position to make decisions on a plethora of the defense giant’s programs as the new manager of the Pentagon.
The text of the executive order would require Lynn to recuse himself from any involvement in Raytheon programs for two years after taking his post.
“I have no reason to impugn Mr. Lynn’s integrity, but it’s a problem,” said Claire McCaskill , a Democrat on the Senate Armed Services Committee. “You can’t just recuse yourself from huge programs at the Pentagon if you’re going to do that job.”
Following his Jan. 15 confirmation hearing, McCaskill, of Missouri, said she was considering placing a hold on Lynn’s nomination because she doubts Lynn can separate his recent work on behalf of Raytheon from the job of chief operating officer at the Pentagon.
However, late in the day Wednesday her staff said McCaskill had decided not to put a hold on the nomination, although she has not said how she will vote.
The new lobbying rules might also give ammunition to Senate Republicans, who could raise ethical objections to the Lynn nomination as they did with the appointment of Secretary of State Hillary Rodham Clinton .
Sen. James M. Inhofe of Oklahoma, the No. 2 Republican on the Armed Services Committee, said he wants clarification from the administration on how the Lynn appointment fits into the new rules.
“While I announced my support for Mr. Lynn’s nomination, the announcement of the new ethics executive order is puzzling,” Inhofe said.
Lobbying the Pentagon
Lynn is the senior vice president for government operations and strategy for Raytheon, and he lobbied on its behalf into the first quarter of 2008, federal lobbying disclosure records show.
At Lynn’s Jan. 15 confirmation hearing, McCaskill focused on the issue, calling the culture of Pentagon officials and contractors “incestuous,” and asked for Lynn’s take.
“It’s not just the reality, it’s the perception,” Lynn responded. “I understand that and pledge to work on both.”
That answer didn’t satisfy McCaskill. “I’m troubled that he thinks it’s a matter of each person’s personal integrity, whereas I think it’s a much bigger problem than that,” the senator said.
Armed Services Committee Chairman Carl Levin , D-Mich., said he was still reviewing the transcript of the hearing and wanted to reserve judgment, but he expected Lynn ultimately to be confirmed.
“In terms of his previous occupation, we’ve worked out the same kind of ethics agreement with him that we have with other nominees that have come out of the private sector,” Levin said.
The Obama transition team told multiple news organizations earlier this month that a unique role would be worked out for Lynn that addresses concerns over his lobbying activities and his role as a top national security official.
Wide-Ranging Activity
A spokesperson for Raytheon declined to answer any questions on Lynn’s lobbying work.
According to the company’s disclosure forms, Lynn was part of a team that lobbied on a wide range of defense issues, including acquisitions policy, force protection, space and intelligence, command and control, simulation and training, missile defense, sensors and radars, and munitions and artillery. The breadth of the work reflects the reach of Raytheon throughout the Defense Department.
Raytheon notified Congress in the second quarter of 2008 that Lynn was no longer lobbying on behalf of these programs, the disclosure documents show.
Given the small number of defense companies and Raytheon’s size, completely detaching Lynn from his former company’s dealings would imperil his chances of success in his new role, experts said.
“I can’t see him being an effective deputy if he has to get out of all these decisions,” said Lawrence J. Korb, senior fellow at the Center for American Progress. “It’s really got to be him. You can’t delegate that out.”
Lynn’s record does not show any particular favoritism or shady dealings, but his experience does violate the new rules, said Korb.
“It’s not an ethical problem, it’s a managerial problem,” he said. “It was surprising that people didn’t think about this before they gave him the job.”
Emily Cadei contributed to this story.
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