On The Record
Public speakers' personal views are unwelcome among legal audiences.
June 30, 2008 at 08:00 PM
4 minute read
A few years ago an older friend of mine had been hospitalized, and I had asked him how he was. He replied with a grin that he had been “Cheney-ized,” meaning he had gotten a pacemaker. He says he got a lot of chuckles out of that lame joke made at the vice president's expense. A few months ago, I discovered that the law of non-profit and tax-exempt organizations had also experienced a different kind of Cheney-ization–that of secrecy. The organizations must be secret because Capitol Hill staffers are acting like they are.
How else do you explain that when these employees speak in public about their jobs–they literally write the law of tax exempt organizations–they also state that everything they have to say is “off the record.” They may be trying to emulate the vice president's penchant for secrecy, but they are amazingly ineffective at it because all of their public statements are fully reported by the news media. What, then, is the point of their “off the record” claims? As one who has been in or around the news media for about 30 years, I haven't a clue.
As I do every year, in April I attended the Georgetown University Law Center program on Representing & Managing Tax-Exempt Organizations, and again this year several Hill staffers agreed to speak. I heard Karen McAfee of the House Ways and Means Committee staff say to an audience of more than 400 people, “All my views are my personal views, are not attributable to the Committee, and are off the record.” Roger Colinvaux, who works for the Joint Committee on Taxation, said to the same audience, “I am speaking today on my own behalf.” Then Senate Finance Committee staffer Kristen Bailey told us, “My closing comments are also off the record. My press shop requires me to say that as well.”
The 400 attendees, many of whom traveled cross country and all of whom paid a registration fee, must surely have been disappointed to hear only the personal views of Karen and Roger. At least Kristen's remarks seemed to be officially connected to her Senate job, and hence valuable to the attendees, but those comments were “off the record.” As for Karen's and Roger's comments, we can only hope their personal views about what they do every day bear at least some connection to what their congressional bosses think. Otherwise, they've only flattered themselves that we would give a hoot about what they have to say about anything.
And I wonder if Kristen Bailey's press shop knows that her public statements and those of all her fellow Hill colleagues were widely reported in the tax and charity-related press within hours of their utterance. Surely there must be dire consequences to this “off the record” dictum being so widely ignored. So I asked the man in charge about it. Larry Center is the Assistant Dean for Academic Conferences and Continuing Legal Education at Georgetown University and has heard this “off the record” warning for all of the 23 years he has been organizing such programs.
He said, “The Law Center has no official policy on this issue.” As far as he knows there are no consequences at all, much less dire consequences, if the press ignores “off the record.” But he allowed as how “there seems to be an unwritten rule that it is OK for trade press to report on government employee comments at professional conferences despite the claim they are 'off the record.'” Might some Hill staff not show up for his programs if they were reminded that all their statements would be on the record? He wasn't sure, but he guessed that some might not participate under those circumstances.
Clearly, we have an “emperor has no clothes” situation here. Everything is fine and will continue to be so long as nobody points out the obvious. Let me be the naive believer in open government who says out loud to the people who make our laws: “It's all on the record.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllGC With Deep GM Experience Takes Legal Reins of Power Management Giant
2 minute readLegal Departments Gripe About Outside Counsel but Rarely Talk to Them
4 minute read'Serious Disruptions'?: Federal Courts Brace for Government Shutdown Threat
3 minute readUS Reviewer of Foreign Transactions Sees More Political, Policy Influence, Say Observers
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250