Mar 26, 2008 -- Department of Justice Response to Potential Violations of the Lobbying Disclosure Act: Statement of J. Gerald Hebert, Executive Director of the Campaign Legal Center

The Justice Department's (DOJ) response to the Campaign Legal Center's January 31^st inquiry concerning the Department's enforcement of the Lobbying Disclosure Act is disappointing and unhelpful. The response indicates simply that DOJ has in place a process for handling the hundreds of referrals it has received from the Secretary of the Senate, and that the referrals are being handled "appropriately". Unfortunately, this kind of pro forma action has become a hallmark of this Justice Department under this Administration.

In our letter, we asked DOJ to address the more than 900 potential violations of the Act referred to the Department of Justice by the Secretary of the Senate which continue to remain unresolved. These violations were serious enough to be referred to the Justice Department. Unfortunately, the Department's response raises more questions than it answers. The letter reiterates what we already knew about the procedures governing the Lobbying Disclosure Act: they exist. The point of the inquiry was to obtain further information and assurances that prosecutions of violations would be undertaken by the Department.

So while the DOJ letter assures us that the "U.S. [Attorney's Office] is handling these matters appropriately", the agency's utter failure to enforce the law tells a radically different story. Not a single prosecution of LDA has ever been brought by DOJ, and that's hardly any reason to feel "assured" that the law is being vigorously and evenhandedly enforced. With this response, is the Justice Department asserting with a straight face that out of nearly one thousand referrals, not a single one merited prosecution? That assertion certainly strains credulity.

The response is symptomatic of what is wrong with the current Department of Justice. Officials there apparently fail to recognize the need to rebuild public credibility regarding the agency's competence and nonpartisanship.

Reponses like these only serve to raise further questions about how seriously the Department of Justice is taking its charge to ensure that violations of the Lobbying Disclosure Act are vigorously enforced.