We were very pleased to read in Roll Call today (subscription required) that the Obama administration is no longer considering appointing a former lobbyist to head an important Department of Justice (DOJ) office that oversees legal policy and judicial nominations.
Earlier this month, press reports suggested that the administration's top candidate to head DOJ's Office of Legal Policy was Mark Gitenstein, who as recently as August 2008 was employed by Mayer Brown lobbying on behalf of the Chamber of Commerce, AT&T, Merrill Lynch, and other corporate clients. The Office of Legal Policy plays a crucial role in advising the administration on judicial selection, and Gitenstein's lobbying disclosure forms indicate that he worked on issues that would almost certainly confront a judicial nominee, including class-action and other legal reforms, and federal preemption of lawsuits filed in state courts.
In January, the Obama administration issued an Executive Order imposing a two-year ban on appointees working on issues for which they had previously lobbied. It's hard to see how Gitenstein could have possibly been effective at his position if he had to recuse himself from working on issues like class-action reforms. POGO blog readers might also be interested to learn that from 1999 to 2001, Gitenstein lobbied on behalf of Boeing, Lockheed Martin, General Dynamics, and other defense contractors to weaken the False Claims Act.
Public Citizen took the lead (and POGO and others joined them) in opposing Gitenstein's nomination, and given all the other "uniquely qualified" lobbyists who have received waivers in order to serve in the administration, we're certainly glad to see the revolving door spin a little slower.
-- Michael Smallberg
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