Saying Goodbye to Fellow "Swamp Creature"
Juanita Duggan was a force of nature. Had you met her, you might feel differently about most lobbyists who advocate for causes and organizations in Washington
You don’t need a poll to know that most Americans have a dim view of their nation’s capital—especially those working there. Even more so, the roughly 10,000 registered lobbyists rank at the bottom of Gallup’s annual professional “honesty and ethics” rating. And this latest $1.7 trillion omnibus spending bill didn’t help matters.
The 2021 Gallup survey revealed that 63 percent of Americans polled rank lobbyists’ ethics “low” or “very low” below car salesmen and Members of Congress. I get that because I have been lobbied as a congressional staffer and have done my share of lobbying over the past four decades. The worst among us seem to get all the attention and even have movies made about them.
One such movie would be Casino Jack, starring Kevin Spacey as discredited former lobbyist Jack Abramoff. Here’s Wikipedia’s description:
The film focuses on the career of Washington, D.C. lobbyist and businessman Jack Abramoff, who was involved in a massive corruption scandal that led to his conviction as well as the conviction of two White House officials, Rep. Bob Ney, and nine other lobbyists and congressional staffers. Abramoff was convicted of fraud, conspiracy and tax evasion in 2006, and of trading expensive gifts, meals and vacations for political favors. Abramoff served three and a half years of a six-year sentence in federal prison, and was then assigned to a halfway house. He was released on December 3, 2010.
But Jack Abramoff - who is back in jail for new mail fraud violations - is the exception. Lobbying is actually one of the most transparent and, as a result, most ethical professions in Washington, DC. Those who flaunt the law tend to get caught (see: Abramoff). The disclosure laws involving lobbying, including political contributions and fundraising, carry stiff penalties for violations. Abramoff’s scandal - which was exposed in part thanks to the success of the 1995 Lobby Disclosure Act - resulted in the Honest Leadership and Open Government Act of 2007 (HLOGA). So stringent are the gift rules that Sen. Chuck Grassley (R-IA) once told me, “Kelly, you can’t even buy me an apple.” Not even a cup of coffee. Or a coffee mug. My quarterly lobbyist disclosures to Congress were subject to audits by the Government Accountability Office (GAO) and criminal prosecution for failure to comply.
But behind those disclosure rules and Washington K Street building doors are real people with real lives who do real things for real people.
One of them passed away suddenly and shockingly this month. Her name is Juanita Duggan.
I first met Juanita when I was hired to replace her as Executive Vice President for Government Affairs and Communications for the National Food Processors Association (NFPA) in early 1997. Once the science and regulatory trade association for the packaged food industry, that organization is now melded with the Consumer Brands Association. It was my first entry into lobbying after nearly two decades in government and political campaigns. And I was replacing a lobbying legend in Juanita.
The diminutive Duggan, an avid runner, was a force of nature and a tenacious and energetic advocate. Her quick and friendly smile and collegiality belied a forceful personality that didn’t suffer fools gladly nor take prisoners. I was never on the opposite side of an issue from her, but the thought of it would give me hives.
She moved on to lead several Washington trade associations - those non-profits that legally permit corporate competitors to join together to promote, protect, and improve their industries. She led several Washington powerhouse organizations, including the Wine and Spirits Wholesalers, the American Forest and Paper Products Association, and the National Federation of Independent Business.
Even though she left the food industry, she never lost interest in our issues and continued to be a fount of wisdom and ideas. Duggan served in the Reagan White House during its final months and told me of a memo she personally delivered to President Reagan. In 1986 California voters passed Proposition 65, the badly-worded Safe Drinking Water and Toxic Enforcement Act. Intended to force the labeling of toxic chemicals in the environment, its awful wording was interpreted to include anything known to the State of California that might cause cancer or birth defects.
If you’ve been to California, you’ve undoubtedly seen it’s ubiquitous and largely ignored Prop 65 warning signs, including anywhere alcoholic beverages are served. The food and beverage industry has spent millions to avoid putting warning labels on their products for trace levels of innocuous elements, including caffeine, chlorine (which makes water safe), and more. One of the latest battles has to do with some called acrylamide, a byproduct of toasting bread that is also found in ground coffee. Perhaps you’ve seen those warning labels, too.
"All things are poison, and nothing is without poison; the dosage alone makes it, so a thing is not a poison,” Paracelsus is credited with having said. It’s been shortened to “the dose makes the poison.” That wisdom seems to have escaped the State of California.
Juanita and I mused about finding that memo, which made the case that the Food and Drug Administration could assert preemption over Prop 65 concerning products under the agency’s jurisdiction (food and beverages). Reagan, a former California governor, was unwilling to preempt a publicly-approved referendum, no matter how onerous. She suggested that the memo might be found in the files of the Reagan Library, and perhaps we could persuade then-President Donald Trump to follow through. Next time I get out there, I may still try to find it, even if I’m no longer affiliated with the industry and they seem to have lost interest. The industry, instead, has spent millions more unsuccessfully trying to get Congress to grant preemption.
Juanita and I became quick friends during my transition from Secretary of the Senate to food industry lobbyist and spokesman. We shared an interest in politics and policy and many mutual friends. Eventually, we teamed up to support a terrific non-profit, non-partisan, pro-business organization, The Fund for American Studies. TFAS runs the largest college intern program in Washington, including the Institute for Business and Government Affairs, whose board of visitors I chaired when Juanita joined.
One of her sons would take advantage of TFAS internships, as did both of mine and others we recruited. We separately lectured at college classes for interns who garnered college credits as part of the program. We both shared a passion for building up the next generation of advocates for the business community. Our only reward was inspiring young people to serve the same honorable profession and raise a new generation of ethical and effective public-spirited advocates.
You don’t need to be connected in Washington or with TFAS to be accepted into an internship or win a scholarship. If you know of a college student looking for a terrific internship in Washington that includes earning college credits, encourage them to apply.
My friend Roger Ream, president of TFAS, spotted Juanita’s considerable skills and ample network. She would become a Trustee. I still serve on the Board of Regents, but safe to say she’s had the more powerful impact.
Why share all this? Because you deserve to know about many of the people who honorably serve in this profession, protected by the First Amendment (“…to petition the Government for a redress of grievances”), what they do, who they fight for, and how they inspire and serve our country in unique ways. The vast majority are public-spirited, deeply devoted Americans. Sure, money-grubbers and grifters among them exist, and it is easy to be turned off by the special tax provisions and horrific-looking “earmarks” that make their way darkly into bills. Stories of big money being raised coupled with easy access to the halls of power are legion. They make us all wince. But every profession has its roses among the thorns. Lobbying is no different.
Juanita’s sudden passing earlier this month came as a shock. I last saw her at a TFAS event last July - a fundraising dinner to honor a US Senator and business leader and raise scholarship dollars for the intern program. She made her share of enemies and a more extensive cadre of admirers and friends. The best lobbyists and advocates always do.
The “swamp” has lost one of its giant alligators. May she rest in peace.