Is “Organizing For America” Illegal?

Not like we’ll ever find out with Congresswoman Zoe Lofgren guarding the henhouse…

“Organizing for America” Director Mitch Stewart implies that people should organize and send Washington a message when it comes to pushing for President Obama’s agenda.

There are rules governing such lobbying conduct.

ANTI-LOBBYING ACT
18 U.S. Code § 1913 (Lobbying with Appropriated Moneys) is a criminal statute applicable to all Federal executive branch employees. It prohibits the use of appropriated funds (including the use of official employee time and Government resources) for activities that are intended or designed (directly or indirectly) to influence in any manner a member of Congress, a jurisdiction, or an official of any government (Federal, state or local) to favor or oppose any legislation, law or appropriation.

Specifically…

Presidentially-Appointed, Senate-Confirmed (PAS) Officials
The anti-lobbying statute has been interpreted not to apply to activities personally undertaken by PAS employees within their areas of responsibility. Therefore, PASs may encourage the public to contact government officials in speeches and similar public communications or in private communications such as letters, telephone calls, and meetings. PASs may not direct or request other Federal employees to engage in activities that would violate the anti-lobbying laws.

Non-PAS Employees (including SES, SL, ST, Schedule C and General Schedule Employees) May NOT:

1. Participate in activities or campaigns which are designed to generate support for or opposition to pending legislation. Both the content of what is said and the context of the activity are important in determining whether the activity violates the anti-lobbying statute. Appeals to the public to support or oppose pending legislative proposals do not have to be explicit to violate the anti-lobbying statute. Where an appeal for public support or opposition can be readily inferred from the context of the activity, even though words like “write your congressional representative to express outrage about this” are not used, the activity may be a violation. Factors that may be taken into account in determining whether an activity violates these laws include the type of activity, the audience, the timing relative to the status of legislation, and the nature of the forum. Improper expenditure of any amount of appropriated funds in any form — salary, equipment, supplies, etc. — may constitute a violation of the anti-lobbying statute.

2. Participate in events or programs specifically designed to promote public support for or opposition to pending legislation.

3. Engage in a grass roots lobbying campaign involving expenditures for telegrams, letters, and other forms of communications that directly or indirectly encourage the public to contact government officials in support of or opposition to pending legislation.

4. Prepare or distribute letters, pamphlets, kits, booklets, publications, or television, radio, or film presentations that expressly ask that anyone contact government officials to support or oppose pending legislation.

5. Regardless of cost, undertake “mass-mailings” or “mass faxes” on proposed legislation to individuals or groups that do not normally receive information on educational programs or legislation from the USGS, and who have not asked for such information.

6. Initiate or coordinate meetings between members of the public and government officials to discuss proposed legislation.

7. Provide members of the public with target lists of government officials for the purpose of seeking to influence their position on pending legislation.

8. “Ghostwrite” letters to the editor, speeches, or other materials dealing with proposed legislation for anyone in a non-Federal position.

9. Request or recommend that a recipient further distribute materials regarding proposed legislation, or provide a large number of copies of such material for redistribution.

10. Provide lists of, or correspondence from, persons who favor or oppose certain legislation to groups that lobby government officials, except where the material is requested and properly made available under the Freedom of Information Act.

IF, it turns out, the “Organizing For America” (via the Democrat National Committee) is in any way being coordinated from The White House directing other appointed officials to participate, it could be a clear violation of the law.

Obama’s closest aides have been plotting for months when to make the move. Bringing Organizing for America under the umbrella of the DNC and installing a group of Obama loyalists — including Virginia Gov. Timothy M. Kaine as chairman and Jen O’Malley Dillon, a highly regarded campaign operative, as executive director — were aimed at re-creating the disciplined organization of the campaign.

And as I said, with all the other important investigations going on from the House Committee on Standards of Official Conduct, better known as the Ethics Committee, this may be just one more scam this administration and his army of lemmings may get away with.