GSPM Blog

As Norman Eisen, Special Counsel to the President for Ethics & Government Reform, described it, today's first panel defined special interest as the public interest with which you agree.  

Eisen began his speaking role by highlighting the differences between this definition of public interest and the Obama Administration's definition of public interest.  

We subscribed a notion of the public interest as transcending special interest. To a notion of the public interest that is informed by the sense of obligation that we feel every day to the voters who called for change. There is a very wide-spread sense that Washington does not operate in their interest ... 

We ought to define the rules of fairness and justice of society by stepping behind the veil of ignorance described by John Rawls. We ought to embark on a contract with the American people that we will not be subject to the influence that have waylaid good policy, but will attempt to be guided by that notion on the horizon that represents the best thing for the country.  

The practical challenge is getting there, figuring out the right thing, developing the best policies.  

Eisen illustrated this with a description of the Administration's Executive Order by Executive Branch Personnel, which includes the following Ethics Pledge:  

"1.Lobbyist Gift Ban.  I will not accept gifts from registered lobbyists or lobbying organizations for the duration of my service as an appointee.

"2.Revolving Door Ban -- All Appointees Entering Government.  I will not for a period of 2 years from the date of my appointment participate in any particular matter involving specific parties that is directly and substantially related to my former employer or former clients, including regulations and contracts.

"3.Revolving Door Ban -- Lobbyists Entering Government.  If I was a registered lobbyist within the 2 years before the date of my appointment, in addition to abiding by the limitations of paragraph 2, I will not for a period of 2 years after the date of my appointment:

(a)participate in any particular matter on which I lobbied within the 2 years before the date of my appointment;

(b)participate in the specific issue area in which that particular matter falls; or

(c)seek or accept employment with any executive agency that I lobbied within the 2 years before the date of my appointment.

"4.Revolving Door Ban -- Appointees Leaving Government.  If, upon my departure from the Government, I am covered by the post-employment restrictions on communicating with employees of my former executive agency set forth in section 207(c) of title 18, United States Code, I agree that I will abide by those restrictions for a period of 2 years following the end of my appointment.

"5.Revolving Door Ban -- Appointees Leaving Government to Lobby.  In addition to abiding by the limitations of paragraph 4, I also agree, upon leaving Government service, not to lobby any covered executive branch official or non-career Senior Executive Service appointee for the remainder of the Administration.

"6.Employment Qualification Commitment.  I agree that any hiring or other employment decisions I make will be based on the candidate's qualifications, competence, and experience.

"7.Assent to Enforcement.  I acknowledge that the Executive Order entitled 'Ethics Commitments by Executive Branch Personnel,' issued by the President on January 21, 2009, which I have read before signing this document, defines certain of the terms applicable to the foregoing obligations and sets forth the methods for enforcing them.  I expressly accept the provisions of that Executive Order as a part of this agreement and as binding on me.  I understand that the terms of this pledge are in addition to any statutory or other legal restrictions applicable to me by virtue of Federal Government service."

  (Read Paul Blumenthal's post at Sunlight Foundation and Jacob Wesiberg's Slate article on the revolving door policy for more background).