Do Lobbyists Run Congress? Part I of a Series

No. It's about time you learned the truth about them from someone who used to be one. Get ready for some serious transparency.

“What do you want to be when you grow up?” is a favorite question adults ask children. The answers are fairly dependable, depending on the age and gender of the child being asked.

“A fireman!” exclaims the five-year-old. “An astronaut!” effuses the fifth grader. “A teacher!” the class teacher’s pet may reply. “Quarterback for the Green Bay Packers,” the high school star athlete may smirk. I’m delighted that a nephew is graduating from high school this May and wants to be a medical doctor.

“I want to be a lobbyist,” says no child, at any age, ever. It is among America's most maligned professions and offers no college degrees, certifications, standards, or honorifics of other professions. Just consult Gallup, which annually rates the public’s trust and perceptions - honesty and ethics - of various professions.

In 2007, lobbyists debuted on the list and finished dead last. Perhaps out of pity, they removed the profession from the list a decade later. Now, lawmakers rank near the bottom, along with telemarketers, attorneys, and car salespeople.

It is not only a much-maligned profession - including by the Congresspeople who spawn and rely on them for everything from legislative support and ideas to campaign cash - but badly misunderstood. After all, much as the news media is the “Fourth Estate,” or fourth “branch of government,” lobbying comprises the fifth. Many members of Congress and special interest groups are happy to divert blame and animosity their way. Movies have been made about lobbyists, and not in a good way.

Based on a true story. Jack Abramoff is a real lobbyist who went to jail. Twice.

This is part one of a short series to correct misperceptions about the industry. I’ll be transparent about my two-decade career as a food lobbyist, following a decade on Capitol Hill as a House and Senate aide. I’ll lay it all out for you. Prompting me to craft this series was a well-meaning and thoughtful Substack post that castigates lobbying in the usual, broad-brushed way, blaming lobbyists and their relationships with congressional staff for what ails us. Sigh.

I’m not here to promote or defend lobbying other than its roots in the First Amendment. In doing so, which I’ve done for dozens of college classes, from Yale and the University of Pennsylvania to Burlington County Community College (New Jersey), I’ve often changed how people perceive the profession. It is one of the most regulated “industries” in Washington, with mandatory registrations, periodic public disclosures, and limits or bans on spending, especially since the Honest Leadership and Open Government Act (HLOGA) of 2008. More about that later. Some states, like New Jersey, tax lobbyists a small fortune between shakedowns for campaign cash from elected officials.

And as noted, it’s also constitutionally protected by the First Amendment. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

That “redress of grievances” part? That’s your right to petition the government. Via lobbyists if you wish. And that’s my quick definition of a lobbyist, for purposes of these posts: an individual hired to influence public policies, laws, and regulations. And there are lots of ways to do that, from disbursing campaign contributions to blitzing congressional offices with constituent phone calls and emails.

Where does the term “lobbyist” come from?

The term’s been around for about 200 years, but legend has it that it gained prominence about 140 years ago in the ornate halls and corridors of the Willard Hotel in Washington, DC. Courtesy of Meriam-Webster:

Dating back to 1850 and known for off-the-record conversations in a city famous for private dealings, the lobby at the Willard used to be visited by President Ulysses S. Grant. He would sit in a comfortable leather chair in the lobby and enjoy a cigar and brandy. Many power brokers started courting him there. The legend is that Grant reportedly called these people lobbyists, hence the supposed origin of the word lobbyist.
— Pittsburgh Post-Gazette (Pittsburgh, PA), 03 May 1998

Tom and I continued on to the legendary Willard Hotel. Among many other bits of historic miscellanea, I learned that the word lobbyist was coined there when those seeking to influence legislators and legislation gathered in the lobby of this hotel which, in one shape or another, pre-dates the Civil War.
— Edward Sadie, Sunday Gazette-Mail (Charleston, W.V.), 18 Oct 2015

The ornate lobby of the historic Willard Hotel is now part of the Intercontinental Hotel chain. Many credit it for the origins of the term “lobbyist.”

More likely, the term came from when Members of Congress, often with their families, would move to Washington, DC, and reside in various hotels and apartments around town, including the Willard Hotel, for months. It is worth visiting since it was restored to its glory a few decades ago. Once you enter the grand entrance, you’ll spot a wide corridor leading to the rear of the hotel, flanked with ornate dining rooms. Lobbyists, representing various interests and companies, and later, trade unions, would pounce on Members returning to their quarters after a long legislative day to make a pitch, sometimes with a beverage, dinner, or both.

Members of Congress now very rarely move their families to DC for six months or so at a time. They now spend 2-3 nights each week in Washington, except during “recess” weeks or months, and spend most weekends and other times in their states and districts. At last count, some 100 or so House members sleep in their offices during the two to three nights they’re in Washington during the weeks they’re in session, grabbing most of their meals at campaign fundraising events, dinners, receptions, and showering in the House gym. Others share apartments and townhouses.

US Mike Quigley (D-IL) prepping his Longworth House Office for sleep

How many lobbyists are there, and how does someone become one?

According to OpenSecrets.com, there are more than 12,000 federally registered lobbyists, a number that’s been pretty flat for more than two decades. Lobbying spending now exceeds $4 billion annually. That’s about half the revenue of my former employer, the Campbell Soup Company, a Fortune 250 company that actually makes things.

As for how someone becomes a full-time paid lobbyist, it’s important to start with the three types of lobbyists. First, “in-house” lobbyists work for a specific entity, whether the Service Employee International Union (SEIU), a powerful labor union, or Exxon Mobil Corporation. In both cases, they retain a large staff of lobbyists and support staff, most recruited from congressional offices, usually of members friendly to their causes.

Second, there are the “mercenaries,” the contract lobbyists retained by multiple clients due to their expertise on an issue or two or their relationship with a specific Member of Congress or committee. There are scores of lobbying firms, sometimes affiliated with large law firms, that feature scores of clients. Third, there is the trade association world, which I list separately, given the unique nature of their work. Many Hill staff - including me - start with non-profit trade associations, those organizations where tax law allows competitors to collaborate on public policy issues, industry standards, and promotional activity.

Trade associations are a nice farm system for corporations or other firms to pluck lobbyists they’ve had a chance to work with. I would know. That happened to me. Others hang a shingle and build their own lobbying business.

After a congressional or federal agency official spends a few months in their job, they realize their next stepping stone, especially if they want to stay connected to official Washington, is likely the lobbying world. House and Senate Committee counsels are especially attractive given their relationships with powerful chairs and ranking members, other congressional staff, and technical expertise.

Being a lawyer is often a plus, depending on the type of lobbyist or lobbying operation one wants to build, but by no means is required. Being more of a political and communications expert than a specific issue expert, my corporate lobbying strategies and tactics differed from most.

Next, I’ll outline the tools of my trade as a lobbyist and the extensive laws, state and federal, that govern the profession. I’ll also show how small enterprises can easily and cost-effectively lobby their congressional (and state) representatives.

The best lobbyists are not always the ones you pay for.

Buckle up for stories.