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Lobbyists on a Roll: Gutting Reform on Banking, Energy, and Health Care


Remember all that change Americans voted for in November? Well, there's been a change in the plans for change.

The detour has come courtesy of a familiar nemesis: DC lobbyists who, this year alone, have watered-down, gutted, or out-and-out killed ambitious plans for reforming Wall Street, energy, and health care.

The media like to pretend that something's at stake when a big bill is being debated on the House or Senate floor, but the truth is that by then the game is typically already over. The real fight happens long before. And the lobbyists usually win.

They're used to administrations and newly elected Congresses that come in with big plans for the future. But, as Obama and Congressional reformers are finding out, the future doesn't have a well-funded lobby. The past, on the other hand, is extremely well represented.

Look at the auto industry. For decades, Detroit and its lobbyists fought tooth and nail against efforts to improve mileage efficiency standards or to close tax loopholes favorable to gas-guzzling SUVs. They were very successful at holding off the future. Until they went bankrupt.

"While I'm not spoiling for a fight, I'm ready for one," Obama said in his radio address last weekend, referring to his push for a new consumer finance regulatory agency. Let's hope he is, because getting a reform bill that still includes actual reforms through both houses of Congress is easier said than done.

The president has already seen what the lobbyists can do. In May, he signed the Helping Families Save Their Homes Act, and celebrated it as an example of doing "what we were actually sent here to do -- and that is to stand up to the special interests, and stand up for the American people."

But, in fact, those special interests had stood up to him and helped eliminate the most important legislative initiative affecting homeowners -- the cramdown provision in the bankruptcy bill.

It shows just how powerful the lobbyists are: even those representing the banks that helped bring about the financial meltdown still hold sway over our elected officials.

The same goes for the lobbyists representing the credit rating agencies which, despite having played a key role in causing the economic crisis, escaped with barely a wrist slap in the Treasury's big new reform plan. Here's how the Wall Street Journal put it:

If world-class lobbying could win a Stanley Cup, the credit-ratings caucus would be skating a victory lap this week. The Obama plan for financial re-regulation leaves unscathed this favored class of businesses whose fingerprints are all over the credit meltdown.

That's the thing about lobbyists: they serve no ideological master. It's not about right vs left or Democrats vs Republicans. It's only about the bottom line -- ie pushing their special interests, no matter how much it undermines the public interest. No wonder they are as likely to incur the wrath of the Wall Street Journal as Mother Jones.

Last year, 15,000 registered lobbyists spent more than $3.25 billion trying to sway Congress. This year has brought even more of the same. Oil and gas companies spent $44.5 million lobbying Congress and federal agencies in the first quarter of 2009 -- more than a third of the $129 million they spent in all of 2008, which in itself was a 73 percent increase from two years before. Medical insurers and drug companies are also digging deep: 20 of the biggest health insurance and drug companies spent nearly a combined $35 million in Q1 -- a 41 percent increase from the same quarter last year.

All that spending has proven to be money disturbingly well spent.

Take energy policy. President Obama arrived at the White House promising prompt and far-reaching policies on climate change. But the energy bill currently winding its way through Congress, officially called the American Clean Energy and Security Act, is in danger of becoming considerably less, uh, clean. As HuffPost's Ryan Grim reported last week, the coal lobby may be on the verge of a big victory -- essentially gutting the Clean Air Act by taking away the executive branch's authority, through the EPA, to regulate carbon emissions at the nation's dirtiest coal plants.

But, wait, you may be thinking, isn't the House Energy and Commerce Committee, which cut the deal with the coal industry, controlled by Democrats? As I said, lobbying isn't a Democrat vs Republican issue.

The Dems on the Homeland Security Committee are also killing a key provision in a chemical security bill. Art Levine has the details.

The story is very familiar: new rules are announced proclaiming a better, safer system for the future. But then industry lobbyists howl about "loss of jobs," and "decreased competitiveness," so waivers are added. Then some exemptions. Then some loopholes. Then authority to enforce the new rules is limited. By the time the bill hits the floor, it's still got the word "Reform" or "Clean" or "Safety" in the name, but the finished product is all about maintaining the status quo. And a very stubborn status quo it is. For instance, the reason a new chemical safety bill is needed is because this exact process of gutting reform happened in 2001.

Which brings us to health care and the reform-killing armada currently steaming towards Washington. Their attack is shaping up to be unprecedented. For example, the U.S. Chamber of Commerce has pledged $100 million to defeat reform -- while, of course, calling it reform.

Much of the battle will be focused on the so-called public option, which the American Medical Association has already given a cold shoulder to, telling Congress it "does not believe creating a public health insurance option... is the best way to expand health insurance coverage and lower costs." Indeed, the AMA has been steeling itself for this battle. Since the 2000 election, it has doled out almost $10 million to congressional candidates.

And, again, this fight won't break down along Democrat vs Republican battle lines. Case in point: Tom Daschle. The former Senate Majority Leader, who came within a few unreported chauffeur-driven rides of being Obama's health care reform czar, recently hinted that Obama would have to drop the public option. "We've come too far and gained too much momentum for our efforts to fail over disagreement on one single issue," he told ABC News.

Of course, as Daschle certainly understands, without that "one issue," there is no real reform. But that's the reform killer's M.O.: identify the essential element of any reform bill and remove it -- leaving behind a worthless shell.

Daschle later walked back his comment, but anybody who expects him to be on the side of health care reform hasn't been paying close attention to Daschle's career. Along with two other former Senate Majority Leaders, Bob Dole and Howard Baker, Daschle is part of something called the Bipartisan Policy Center, which released its own health care plan last week. As HuffPost's Sam Stein reported, among the funders (and listed as a "substantial contributor") of BPC is the pharmaceutical giant Schering-Plough, a member of the Pharmaceutical Research and Manufacturers Association, which seems determined to slay the public option.

Also working at BPC is former Clintonite Chris Jennings, who used his Clinton administration clout to earn millions lobbying for several health and drug companies.

And this isn't the first time Daschle and Dole have worked together. They're both currently employed by the lobbying firm Alston + Bird, which has dozens of clients with a vested interest in undermining health care reform. Neither man, incidentally, is a registered lobbyist -- Daschle is a "Special Policy Adviser," and Dole is a "Special Counsel." But we all know what they're being paid to do. Especially since, as Paul Blumenthal writes, almost fifty percent of Alston + Bird's income comes from health care clients.

According to a recent NYT/CBS News poll, a whopping 72 percent of the public favors the public option. An NBC/Wall Street Journal poll had the number even higher: 76 percent. And yet you can already feel it slipping away. As Matt Yglesias writes, "So just keep in mind that when people talk about political obstacles to a robust public plan, they're not talking about mass public opinion as an obstacle -- they're talking about the wealth and power of relatively narrow interests."

In 1993, the Clintons tried to bypass the minefield of having Congress play a part in developing health care legislation; they simply presented their completed plan to Congress. As we know, that approach failed miserably. But, according Robert Reich, who was there, Obama appears to have overlearned the lessons of that fight.

"Right now," he said on This Week, "the president has got to get involved, twist arms and say if I don't have A, B, and C I'm not going to sign this bill."

The response of George Stephanopoulos, who was also there, was illuminating. He noted that when the process began, Clinton had the support of several in the GOP. But, said Stephanopoulos, "the politics changed and it wouldn't matter what was in the bill at the end, the Republican Party decided they weren't going to go along with this... This week, you started to see that developing now."

Of course, the politics didn't just change by itself in 1993 -- those Republican senators had some help in "deciding" not to go along. That same dynamic is at play right now. Check out Nate Silver's fascinating statistical analysis of the impact insurance industry lobbying is having on the process.

As usual, you have to dig deep and crunch the numbers to see the anti-reform termites gnawing away at foundational change. They prefer to do their dirty work in the dark. But you can see the results when you hear a seasoned politician such as Dianne Feinstein start making statements like the one she offered this weekend on CNN: "I don't know that he has the votes right now. I think there's a lot of concern in the Democratic caucus."

"Concern"-ing a bill to death is an old Washington favorite. And that's how reform dies. We know those who represent the past are ready, armed -- and funded -- to stand up and fight. What about those who represent the future?

Follow Arianna Huffington on Twitter: www.twitter.com/ariannahuff

Remember all that change Americans voted for in November? Well, there's been a change in the plans for change. The detour has come courtesy of a familiar nemesis: DC lobbyists who, this year alone, ...
Remember all that change Americans voted for in November? Well, there's been a change in the plans for change. The detour has come courtesy of a familiar nemesis: DC lobbyists who, this year alone, ...
 
 
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02:39 PM on 07/21/2009
WHERE ARE THE JOBS?
05:02 PM on 07/08/2009
To be clear: The AMA is committed to health reform this year that covers the uninsured, improves quality and ensures patients get the best value from health care spending (Lobbyists on a roll: gutting reform, 7/8). Over the last few years, the AMA has invested more than $15 million in our Voice for the Uninsured campaign to call attention to the uninsured crisis and lay the groundwork for health reform that gets all Americans covered.

The term “public plan” has so many different meanings that it confuses more than informs the debate. The AMA is actively engaged in working with Congress and the administration to achieve health reform that best meets the needs of patients and physicians. How we achieve this goal is still being debated by Congress, President Obama, physicians and the public, but we will stay the course until we see health reform that better serves patients and empowers physicians to deliver the highest quality care.

J. James Rohack M.D.
President, American Medical Association
02:30 AM on 07/17/2009
In the interest of removing the "different meanings" that are so confusing ... a "public plan" would provide direct government funding for health costs without the unwanted interdiction of profit driven private health insurers.

See? Very simple. If there is a Health Insurance company in the process it is not public.

The alternatives being promoted are increased regulation of Health Insurance companies. The history of corporate domination over regulatory bodies is the reason why a very large majority favour direct public funding.

What is the AMA's position going to be? Less or worse Health Care after the Health Insurance skimming or support for a fully public plan?
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HUFFPOST SUPER USER
cowboyHoward
"Party till she's perty."
09:58 AM on 07/06/2009
I've said it before - lobbying should be illegal. If business was supposed to have a "say" in government, business would have been given the right to vote by our constitution. But business doesn't have a right to vote. Ironically, business just runs the totality of government and the voters elect "voting heads". It's very, very wrong. And it is almost impossible to fix. The "talking votes" want their perks.
08:12 AM on 07/06/2009
There shouldn't be lobbyist. Pass new laws not allowing contributions to politicians. There is no longer an arguement that politicians have a right to accept money for campaigns because their positions can be stated in great detail, on the many free internet video sites. Real reform.
02:44 AM on 07/24/2009
cowboyhoward & ringding--absolutely right about the obstacles lobbies present with their wheelbarrels of cash. reform will not happen de juris by the hand of office holders. reform will only happen when voters coalesce to commit to electing candidates who promise not to accept any donation larger than $100 per donor per quarter. that's the only promise we should really hold them to. but currently we lack the voting bloc discipline to assert such an expectation.

www.judefolly.com/blog
05:10 PM on 07/03/2009
The more things "change", the more they remain the same. Our President is a Chicago politician and everyone knows Chicago is the "pay to play" capital of the country.
03:21 PM on 07/01/2009
And you expected what out of a Chicago politician?
10:55 PM on 06/28/2009
Maybe we can learn from the Iranian protesters. Silent marches on Washington.
10:53 PM on 06/28/2009
"What about those who represent the future?"

I'm beginning to wonder if we're going to have much of a future.The self-destruct timer is still ticking.
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HUFFPOST SUPER USER
AGarcia
06:44 PM on 06/28/2009
What's up with the Executive Branch Reform Act?
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HUFFPOST SUPER USER
JohnBryansFontaine
Liberal Democrat
06:04 PM on 06/28/2009
Perhaps what HuffingtonPost can do is have a Worst Lobbyist of the Day post. This feature might include an image - and email and address - of said individual, with a detailed account of how he or she is opposing the will and interests of the vast majority of Americans.
01:03 AM on 07/02/2009
Yes. PLEASE, Arianna. Do this AND include the politician and the amount of "contributions" they received. Then, if budget permits, mail a postcard to all their constituents with this info.
Everyday.
How many days before the major media picks up on these stories here? PBS, CNN, MSNBC ?
How many days before these politicians lose their re-election campaigns?
Then...
How many days before congress passes some kind of publicly financed campaigning reforms ??
Without that, we're all screwed. It's only a matter of time.
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booboo111
micro-bio
05:31 PM on 06/28/2009
Kucinich wouldn't have caved.
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HUFFPOST SUPER USER
AGarcia
06:43 PM on 06/28/2009
Kucinich shouldn't have told anyone he saw a UFO. I thought he was great too but don't knock Obama for being pragmatic. Sometimes (not always), it's merited.
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HUFFPOST COMMUNITY MODERATOR
Coinyer101
King of Doobiestan
06:57 PM on 06/28/2009
Lot's of people have seen UFOs. What does that have to do with anything? And President Obama has not been very 'Pragmatic' , either, imo.
07:53 PM on 06/28/2009
He didn't. Kucinich said he saw a light in the sky he could not identify.

Can you identify every object you have ever seen in the sky?

You are being played by the plutocratic media. The plutocrats have the money and the media. They sucker punched Dean and Kucinich, because both are true people representatives.

The peoples candidate is always going to be ridiculed by the media, no matter who they are. If you can't reject "societies" judgments of the progressive candidates, as fed to you by the MSM, we will all suffer under a plutocratic nightmare.
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HUFFPOST SUPER USER
TJCole
05:28 PM on 06/28/2009
We failed to Nationalize these banks so they could be reformed and remodeled, so they served our nations needs, instead we rewarded them for their incompetence and greed and suspect predatory bad practices...

We are only throwing good money after bad...

If we were to Nationalize all major energy..

Nationalize Health Care with a Single Payer System, even if it were Insurance based run not for profit...

An Nationalized these major Banks and AIG including the credit card companies or created usery laws again, topping at 15%, we could turn this thing around and create an economic boom...that would benefit all Americans across the board...

Thanks Arianna for being o the mark all this time..about this..
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HUFFPOST COMMUNITY MODERATOR
Coinyer101
King of Doobiestan
04:53 PM on 06/28/2009
And the 'moderate,centrist, apologist, democrats', try to blame liberal progressives for speaking out about the disappointments these lobbyists create. The centrists have become repubs like Bill Maher said, and the President, is in the 'lead', trying to appear 'bi-partisan', by kissing corporate rearends. Some of us speak out about all this 'watered-down' legislation that isn't changing a damn thing, but, we are immediately accused of 'abandoning' the President and the dems, and being 'labeled' as 'leftists', like that is some kind of derogatory term [used by repubs in the past], now being used by 'The Obama Movement', who refuse to hold he and congress accountable for missed opportunities for real change, constantly make excuses for them, and then blame liberals for not supporting 'bad bills' that do not promote real change. I have said it , over and over, here, that the President made a big mistake , moving to the 'center' after the primaries.Change' can not be found in the center. It isn't there. He became a part of the old "Clinton Machine' with his appointments and most of the legislation that has been signed and debated. We needed bigger change than that......,
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booboo111
micro-bio
05:29 PM on 06/28/2009
When Obama couldn't get one repugnantcan vote on the stimulus package, that should have been his wake-up call. Seems he doesn't want to fight the good fight, If he wavers on health care he's going to lose his base, of which I am one.
06:03 PM on 06/28/2009
Wall Street's President is not in this fight for the people. It's his ego that drives him to make any compromise necessary in order to appear like he's accomplishing something.

Sometimes doing the wrong this is worse than doing nothing.
05:48 PM on 06/29/2009
Obama's victory was a mandate for change, a change that meant repudiating 8 years of Republican mis-rule. He should have made only minimal efforts at bi-partisanship, since the Republicans have a vested interest in seeing him fail. I personally think that inaction, or inappropriate action on health care (either no real public option or a public option in name only) wil result in him being a 1-termer unless he gets it right. We have seen the bailouts for the banks and insurance companies and we have seen a "stimulus" that surely hasn't
"stimulated" many new jobs (8.4% official unemployment). Now it's our turn: health care for all, which means a lot more than what overly cautious Obama appears willing to settle for.
I always knew that he wasn't a progressive, but I certainly am dismayed by how "centrist" he is. Appears to be Republican-lite, which is not what I voted for.
HUFFPOST SUPER USER
PBMac
08:07 PM on 06/28/2009
I think Obama is now actually worse than what you call the Clinton machine here. He lost it when he tried to negotiate with the Rethugs. What is needed is exactly what you say here, a move away from the center because we haven't got one anymore.

At least under Clinton we had prosperity; the economy was good then. Now the middle class is getting closer and closer to having absolutely nothing--no jobs, no health care and endless wars with some unnamed terrorist groups. George Orwell's 1984 prediction is rolling out right before our eyes after years of Bush, Inc. We now have a plutocracy in everything but name. And as the British say about us, we do not have elections here, we have auctions. Perhaps we are doomed to live under a plutocracy until the patrician class bankrupts the country completely or some environmental disaster over takes us. It seems we are well on the way to one or or both.
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HUFFPOST SUPER USER
PhilipTaylor
Legalized Bribery is an Oxymoron - must END
04:02 PM on 06/28/2009
We need everyone to rise to the CHALLENGE AMERICA FACES; People, the handful of honest members of Congress, Obama if he is NOT too far gone, and yes even the 0LD Chamber of Commerce!

The "chamber" needs to see the light of truth and become an "Open Mind of Commerce."

The facts are the Mafia went underground under Kennedy and rose quietly through Wall Street to create the most corrupt system of Markets and Government Control and Manipulation the World has seen.

In the meantime America has gone from the #1 Creditor Nation to the #1 Debtor in correlation with the DEBT Printing Power of the Wall Street, London, German, Swiss Controlled FEDERAL RESERVE SYSTEM.

America must be saved from the Mafia control of all our Systems and De-Link Congress and the Executive Branch from the Mafia Corporatists that use ill-gotten Money to Buy the Votes it wants!

The new "Open-Mind of Commerce" must rise up and put America back on the ROAD to Democracy and TRUE Capitalism as opposed to the EL1TE Mafia Oligarchy that has grown to infect America these last 30 to 40 years!
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booboo111
micro-bio
05:31 PM on 06/28/2009
Forget all that mafia garbage, it's the lobbyists that are the problem.
HUFFPOST SUPER USER
Easyrollins
03:30 PM on 06/28/2009
Let's first of all stop using their terms to describe what is happening, Lobbying is bribery, as it is practice now. and if our laws are bing brought and paid for, that is against the law. Just because the two perpetrators are writing the laws that cover up the fact that this act is being done, does not change that fact.that our lawmakers are being bribed. And that bribery is harming the American people, and the our system says that we can't do anything about it. Admit it to yourself, your family health care is being sold as I type here, your wife, child,mother farther, aunt ,uncles, life is being sold and you are helpless to do anything about it. After the law are written and voted on, the insurance companies will still be raping you and your family and they will tell you to smile and accept it. while every civilized nation around does not have health care as a for profit business you will still see people dumped on the street because of the inability to pay. or made destitute because of a decision by a insurance company on whether to continue to insure you.