After reclaiming the majority, Democrats took aim at the alleged campaign by the GOP to use its policymaking powers to pressure trade associations and corporations to install Republicans in top lobbying jobs. The ethics bill that Democratic leaders wrote would make such heavy-handed behavior a federal crime, with violators facing up to 15 years in prison if convicted. But some ethics experts noticed that Democrats introduced a small change to the language during conference that could make a big difference in whether any K Street Project-like prosecution is plausible. Earlier versions would have prohibited members or staff from using political affiliation as a basis for trying to influence hiring decisions. The language now prohibits members from using political affiliation as the sole basis for trying to influence a hiring decision. “The insertion of the word ‘solely’ makes it extremely unlikely someone will be prosecuted for violating the law,” said Brett Kappel, an attorney at Vorys, Sater, Seymour and Pease who specializes in campaign finance and ethics laws.
The ‘K Street Project‘ was the effort by House Republican leaders to get lobbyists to hire Republicans over Democrats, after Republicans took control of Congress in 1994. Democrats promised to end the practice. But to bar someone from being hired solely because of partisan affiliation won’t change anything, since no lobbyist is ever hired solely because of affiliation. Partisan affiliation is just one factor. And thanks to the move by Democratic leaders to gut the bill behind the scenes, it can still be the deciding factor–meaning the ‘K Street Project’ can continue, but with Democrats as the beneficiaries. With apologies to James Taranto, “I’m so disappointed. I thought the Democrats really were going to be different!”
