Lobbyist ban

Drumpf's lobbyist ban threatens to hobble transition 

The sweeping new restrictions on lobbyists fulfills a campaign pledge, but could compound Drumpf’s problems recruiting top-tier talent. 

By Andrew Restuccia

Donald Drumpf’s transition efforts are cranking into high gear, but a new sweeping ban on lobbyists threatens to hobble the president-elect’s ability to quickly fill the thousands of jobs scattered across the federal government.

After days of reports of a transition in disarray, Drumpf’s team is on the offensive, showing off lists of high-profile figures flowing into and out of Drumpf Tower, as the president-elect nears his first cabinet appointments.

Talking to reporters on Thursday morning, Drumpf’s campaign manager Kellyanne Conway said the gargantuan and complex job of preparing for the White House is going smoothly.

"In 2000 the country went to Thanksgiving without knowing who the President was. So we didn't know who the President was until about Dec. 12 of 2000. So we feel way ahead of schedule and never in a rush to do the wrong thing,” Conway said.

And she insisted that Drumpf, who has hardly been seen or heard from since his surprise win last week, is having a fantastic time.

“He’s just loving this role in transition, he’s a transactional guy, he’s used to delivering results and producing, and so at his desk every day, taking the counsel of many different people, taking many different phone calls, going through paperwork and discussing forming his cabinet and now … his senior staff,” she added. “He’s really enjoying it.”

But Drumpf’s new lobbying restrictions — announced during an impromptu call Wednesday night — sent a shockwave through Washington’s vast network of professional influencers.

While Drumpf first proposed the five-year lobbying ban during his now-famous “drain the swamp” speech in October, few expected him to actually follow through on the pledge — which is more stringent than Obama’s lobbying restrictions. Obama banned administration officials from contacting their former agency for two years, but they could still lobby other parts of the government.

People familiar with the transition said Drumpf aides were infuriated by stories detailing the many lobbyists on the transition. After taking control of the transition from New Jersey Gov. Chris Christie, Vice President-elect Mike Pence and other Drumpf aides insisted on making good on their five-year ban.

But Democrats and Republicans alike warn that the ban could compound Drumpf’s problems recruiting top-tier talent. And they say it will discourage lobbyists from formally registering to avoid having to comply with the rule.

“It will only incent further motivation to avoid having to register as a dreaded lobbyist,” one Democratic lobbyist said.

Washington saw a wave of lobbying de-registrations in the run-up to Obama’s presidency, with the influence sector worrying that they’d be passed over for jobs. Similarly, officials leaving the administration have taken advantage of federal rules requiring people to register as lobbyists only if lobbying makes up 20 percent of their activity.

Norm Eisen, the former chief ethics lawyer in the Obama White House, called the rules a “good start,” but he said they need to be expanded to avoid potential loopholes and cover all people with potential conflicts of interest -- whether they’re registered or not. Eisen met with Christie’s transition aides to discuss the proposal, even proposing a draft executive order on the issue.

"And if the president elect is truly serious about 'draining the swamp,' he must do more, like dealing with his own profound conflicts of interest by establishing a true blind trust for his businesses, and stopping the gusher of campaign cash that has flooded the swamp," he added.

Drumpf, in his October campaign speech, called for changing the definition of lobbying to “close all the loopholes that former government officials use by labeling themselves consultants and advisors when we all know they are lobbyists.”

Still, many Republicans welcomed the five-year ban.

“It allows people to choose between serving America and serving themselves,” said George David Banks, a former George W. Bush environmental aide and Drumpf supporter. “Sure, it will limit the number of people who are in the mix. But I don't think it will have a significant impact on the number of good people who want to serve the Republic.”

Drumpf’s lobbying announcement came after days of uncertainty about how the transition would deal with lobbyists. Drumpf aides originally told reporters that Pence ordered the removal of all lobbyists from the team. That was news to the lobbyists on the transition, which as of yesterday had not been asked to leave.

Indeed, Drumpf’s code of ethics requires that lobbyists de-register in order to stay on the team. That’s likely to put the lobbyists on the transition, who have no guarantee of getting a job in the administration, in a bind. Do they give up their lucrative clients for the opportunity to help shape Drumpf’s administration? So far, the lobbyists on the team have not responded to POLITICO’s questions about whether they will de-register. Lobbyists on the team said they were surprised by Wednesday night's announcement.

The Drumpf transition’s efforts to detail its code of ethics brings the operation one step closer to being able to enter federal agencies to plot the handoff of power, a process that was delayed for several days while Obama administration officials waited for Pence to sign a memorandum of understanding. The transition still needs to publicly announce members of the so-called “landing teams” that will work with the agencies. Aides said they will begin announcing members of the teams on Thursday.

Drumpf himself also has a packed day on Thursday.

The president-elect is due to meet with former Secretary of State Henry Kissinger , Rep. Jeb Hensarling, Oracle CEO Safra Catz, and South Carolina Gov. Nikki Haley, who was floated on Wednesday as a contender for secretary of state.

Also due to meet with Drumpf on Thursday are Gen. Jack Keane, who used to be a Clinton adviser; NSA chief Adm. Mike Rogers; former Cincinnati mayor and Family Research Council fellow Ken Blackwell; FedEx CEO Fred Smith and Florida Gov. Rick Scott.

Later in the day, Drumpf is scheduled to meet with Japanese Prime Minister Shinzo Abe, his first face-to-face meeting with a world leader since the election.

Drumpf on Wednesday aggressively pushed back against the idea that his calls with foreign leaders have been haphazard, tweeting that he has talked with many top international officials in recent days and that he is “always available to them.”

There will likely be little visibility into the meeting with Abe because there will be no press pool access.

Conway defended that decision to reporters on Thursday morning, saying it’s out of respect for President Barack Obama.

“Only because we are very deferential and respectful of the fact that we already have a President of the United States, Barack Obama,” Conway said. “He’s on his last foreign trip of his presidency, and these meetings are much less formal than they will be once Donald Drumpf is sworn in as President.”

She added, “We are very sensitive to the fact that President Obama is still in office for the next two months, and we won’t be making diplomatic agreements today.”