LESSIG Blog

I received this nastygram (PDF) by email today from Scott Brown’s campaign manager — cc-ing my boss, the provost and president. 

I take it Mr. Reed’s outrage is triggered by the Senate’s regulations of what constitutes being a “lobbyist” for purposes of the Senate rules. I hadn’t received the memo that explained that the English language is now regulated by the rules of the United States Senate. If there is such a memo, they should send it to The Hill too. Here are a few snippets of what they reported last March: 

Brown has joined Nixon Peabody, a law and lobby firm, as counsel in the firm’s Boston office. The Massachusetts Republican, also a former state senator, will concentrate his practice on “business and governmental affairs as they relate to the financial services industry as well as on commercial real estate matters,” according to the firm.

…

Brown joins former Rep. Tom Reynolds (R-N.Y.) at Nixon Peabody, one of the firm’s more prominent lobbyists. Brown has already signed on as a contributor to Fox News.

…

Nixon Peabody has a burgeoning K Street practice, having made more than $1.5 million in lobbying fees for all of 2012, according to the Center for Responsive Politics.

So yes, according to the Senate, Scott Brown isn’t a “lobbyist.” But I submit to anyone else in the world, a former Senator joining a “law and lobbying firm” to help with Wall St’s “business and governmental affairs” is to make him a lobbyist. Because to anyone else in the world, when you sell your influence to affect “business and governmental affairs,” you are a lobbyist. 

By contrast, Jim Rubens has promised not to be a “lobbyist” after he leaves government (if indeed he is elected). I take it, by that, Mr. Rubens means he would not accept a position like Scott Brown did either. 

And finally, as for those “legal options” that Mr. Reed says he’s “leaving on the table,” let me offer the words of Harry Callahan: “Go ahead. Make my day.”