There are clear signs that lobbyists could be back in the executive branch. Lobbyists expect comeback with Mitt

President Barack Obama’s gone further than any president to keep lobbyists out of the White House — even signing executive orders to do it.

But the mood on K Street is brightening.


Industry insiders believe that Mitt Romney will unshackle the revolving door and give lobbyists a shot at the government jobs their Democratic counterparts have been denied for the past four years, a dozen Republican lobbyists said in conversations with POLITICO.

"I've heard they are likely not to black ball anybody from any particular sector," said Republican lobbyist Sam Geduldig at Clark, Lytle & Geduldig. "I assume, everyone is welcome to apply. I'm sure they are interested in getting the best people possible."

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Allowing lobbyists back into the White House could be a PR nightmare early on in a new administration, some Republicans fear. Romney would have to toss out Obama’s orders, which shook up how President George W. Bush did business and let Obama claim his agenda wouldn’t be hijacked by special interests.

Sources close to Romney’s campaign say there has been no official word from the campaign on what the rules about lobbyists in the administration will be. And Romney himself has said nothing definitive on the trail about the issue.

But there are clear signs that lobbyists could be back in the executive branch.

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Some of the highest-level positions in a potential Romney administration are expected be filled by former lobbyists and Washington insiders. Health care consultant Mike Leavitt, who served as the head of the Environmental Protection Agency for Bush, is leading Romney’s transition effort. He’s considered a shoo-in for either White House chief of staff or Treasury Secretary. Campaign spokesman Kevin Madden, of JDAFrontline, is expected to get the job of White House spokesman.

Other senior campaign advisers are former lobbyists, as well, including Ron Kaufman, a former lobbyist at Dutko Worldwide, and Drew Maloney, who left Ogilvy Government Relations to lead Romney's congressional outreach. Romney's campaign has also relied heavily on K Streeters to organize high-dollar fundraisers, including David Tamasi of Rasky Baerlein Strategic Communications, Jack Gerard of the American Petroleum Institute, Wayne Berman and Mark Isakowitz of Fierce, Isakowitz & Blalock.

A Romney spokeswoman did not respond to requests for comment.

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Romney’s transition team is beginning to draw up the qualifications for senior-level jobs in a potential Romney administration, putting an emphasis on corporate and industry experience — no surprise considering Romney’s own background as the former CEO of Bain Capital.

"There's no question this will be a CEO president who will greatly valuate the contribution of people in business versus academia," said Ivan Adler, a headhunter with McCormick Group. "There will be a 180 degree switch with a Romney administration. The welcome mat will be put out."

Some Republicans say that hiring former political hands that understand Capitol Hill and the inner workings of the appropriations and budget process at the White House is important for Romney to be able to implement the major changes he has planned. Many senior level executives and K Streeters first worked in government service before heading to the private sector.

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And there is certainly precedent for a Romney administration to hire lobbyists. Bush brought on many K Streeters, including Nick Calio, who had run his father's White House legislative affairs shop, before moving on to become a hired gun.

But even Obama has felt political heat when he approved exceptions to the lobbying ban or allowed former lobbyists who deregistered to join his administration. More than a dozen former lobbyists, including Vice President Joe Biden's current chief of staff Steve Ricchetti, have held high-profile administration jobs.

Still, others argue that even Democrats have criticized Obama's policy, which limited the administration's choices in finding experienced aides if candidates were tainted with the "Scarlet L."

Democratic lobbyist Steve Elmendorf told POLITICO in early 2009 that he thought it was "a stupid rule."

"If the goal is to get rid of people who have a potential conflict, focus more on that than the definition of a lobbyist," he said.

American League of Lobbyists President Howard Marlowe believes the rules need to be completely changed.

"There should be no rule," Marlowe said. "If he or she is qualified, being a lobbyist shouldn't disqualify them from serving in the administration."

Obama’s rules bar lobbyists from serving in agencies they've lobbied within the past two years, ban political appointees who leave for the private sector from lobbying their former colleagues and shut down lobbyists from serving on federal boards.

President Bill Clinton implemented a rule in his tenure that blocked senior appointees from lobbying his administration for five years after their service. But the former president reversed course one month before leaving office because people complained about not being able to find jobs.

Overturning the policy itself could happen quickly. Should Romney chose to reverse course on the executive orders, it wouldn't be without precedent. For example, Obama changed the methods of interrogation techniques that were allowed by Bush.

"An incoming executive can rescind executive orders as much as he wants. The only constraints on that would be political," said Kermit Roosevelt, a constitutional scholar at the University of Pennsylvania.

At least one contingency — government watchdogs are hoping Romney or a second Obama administration will continue to keep the rules in place.

"I think it would be a big mistake to repeal it, I think it would be headed in the wrong direction," said Fred Wertheimer of Democracy 21 said. "It's the general attitude that it's challenging. It's one of the few areas that President Obama was able to come in and challenge the attitude and Washington insider way of life. That world still prevails in Washington, but the executive order was an important step in changing the rules."

This article first appeared on POLITICO Pro at 5:20 a.m. on October 15, 2012.