Last week was busy and exciting here at Sunlight as we marked another successful Sunshine Week. It was a great opportunity to not only share our work in making government more open and transparent but to hear from others about their progress in matters of freedom of information. Here are some highlights from Sunshine Week 2013.

Open States Transparency Report Card

We released our very first Open States Transparency Report Card on March 11, which rated all 50 states and DC on the openness of their legislative data. We evaluated each state across six factors  -- completeness, timeliness, ease of access, machine readability, use of commonly owned standards and permanence -- to get grades from A to F. Our Open State project also received kudos from the New York Times data team, as it recommended the Open States API as the best resource for those who want legislative data about New York state since the paper was shutting down the API it created.

Sunlight Speaks Out

Throughout Sunshine Week, Sunlight staff participated in a number of events to commemorate the week and address the work we do. Thanks to all who kicked off the week at our DC happy hour to celebrate President James Madison’s birthday. Head over to our Flickr page to see all the festivities from last Monday.

On March 12, Editorial Director Bill Allison was in Philadelphia speaking at WHYY’s public forum on Open Data 101. He was a panelist along with the head of Pennsylvania’s Open Records Office Terry Mutchler, New Jersey open records expert Marc Pfeiffer and Holly Otterbein from WHYY. Follow the evening’s conversation on Storify or watch a video clip of the panel.

Also on March 12, Policy Counsel Daniel Schuman moderated a Congressional Transparency Caucus panel which brought together FOIA experts to explore ways the FOIA process could be improved and made more easily accessible to the public.

Daniel was on Capitol Hill again on Wednesday, this time testifying before the House Oversight and Government Reform committee. His testimony -- which you can read about here -- encouraged the Oversight Committee to continue its good work, to adopt the government’s best transparency initiatives, and to help the Obama Administration meet its pledge to be the most transparent once ever.

Bill Allison was back on the FOIA speaking circuit on March 14 at a National Press Club panel with award-winning reporter Charles Babcock, now an editor at Bloomberg News; Randy Rabinowitz, director of regulatory policy for the Center for Effective Government; Lisette Garcia, senior investigator at Judicial Watch.

We concluded Sunshine Week with two events. First, Policy Director John Wonderlich spoke at a National Freedom of Information Day panel at the Newseum, hosted by OpenTheGovernment.org and the First Amendment Center. There, he outlined how the Obama Administration could make real progress on open government. You can make out some of the faces that attended here.

Sunshine Week would not be complete without a #FOIA chat. Sunshine Review invited Bill Allison as a guest during its weekly Twitter chat, where he shared FOIA tips and walked participants through the FOIA request submission process. During the Twitter chat, Bill also shared some resources which you may find useful in your own pursuit of public records. In case you missed it, here is a Storify recap.

 

The important work that we all do around open government and freedom of information shouldn’t end at Sunshine Week. Visit our Participate page to get involved year round.

Today's Washington Journal focused on foreign lobbying and the role that former government officials and K Street firms play in advancing the agendas of foreign governments and political parties in Washington. I discussed some of the background of the law that requires these firms to disclose information on their activities, the Foreign Agents Registration Act of 1938, and talked about what these disclosures tell us about how foreign interests influence U.S. policies. Watch the whole segment below:

Here are links to the sites I mentioned that make these disclosures accessible for the general public. My favorite, the Foreign Lobbyist Influence Tracker--a joint project between Sunlight and our friends at ProPublica, is a great place to start research. It digitizes the information that representatives of foreign entities are required to disclose to the U.S. Justice Department. It has data from 2008 and 2009, and we'll be updating it this summer with information from 2010 filings. To see the latest disclosures by foreign agents, check out our Lobbying Tracker.

I mentioned Sunlight's Influence Explorer as a good user friendly database of money in politics and TransparencyData for more advanced users who want to get more down in the trenches (spreadsheets actually) of research. Numerous examples of Sunlight's foreign influence reporting came up during the CSPAN segment, including Paul Blumenthal's exposé of the Monitor Group lobbying on behalf of Libya and neglecting to register under the Foreign Agents Registration Act. I also mentioned an article in the now defunct Spy Magazine that explored the extravagant and nefarious lobbying activities of the late Edward von Kloberg III on behalf of tyrants and dictators. Don't miss Mark Steyn's obituary of him.

Thanks to C-Span's Washington Journal for having me on--it's a great show and a great format for discussing the work we do here at Sunlight.

The Monitor Group, a business consulting firm run by Harvard professors, has admitted that they broke the Foreign Agents Registration Act in their work promoting Moammar Gaddafi's Libya. The Examiner has the story:

Monitor Group, an international consulting firm headquartered in Cambridge, Massachusetts, today admitted violating the Foreign Agent Registration Act regarding its lobbying for Libyan dictator Muammar Khadafy.  The Harvard University-linked company also admitted breaking federal law regarding its 2010 media work for the Kingdom of Jordan but did not provide details. Monitor Group was under investigation by the U.S. Department of Justice for failure to register as a foreign agent after details of multi-million dollar deals with Libya were earlier reported following disclosure of the company’s contracts by a Libyan opposition group. In a written statement Monitor Group said:  “Monitor is committed to ensuring that we consistently live and manifest the values, ethics and standards that have characterized our Firm for more than 25 years.”

Sunlight was the first to question Monitor's adherence to the FARA law in a post back on March 1. The post stated:

“Monitor is not a lobbying group."

That was the assertion in one of a series of memos between The Monitor Group and the Government of Libya that were leaked by the Libyan opposition to Muammar Gaddafi’s now-tenuous rule of Libya. The memos, leaked in 2009, detail an extensive plan to promote the Libyan view to government officials and the American public that may leave many wondering why the firm never registered as a foreign lobbying group under the Foreign Agents Registration Act (FARA).

Beginning in 2006, Monitor began work as a consultant for Libya to “Enhance the Profile of Libya and Muammar Qadhafi” and to help the country establish an economic strategy. Monitor stated that it charged the Government of Libya $250,000 a month along with an open expense account that would not total more than $2.5 million.

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The Monitor Group memos outline a strategy that is based on the need to influence both government officials in relation to U.S. policy and public opinion in regards to the Government of Libya and its leaders.

CNN also did a story about Monitor and other lobbying groups working for Gaddafi that you can watch here:

As winter has turned to a democratic spring in the Arab world, the Kingdom of Bahrain has found itself swept up in the region wide protests. Protesters in the country, largely composed of the nation's Shiite majority, took to the streets in February to call on King Hamad bin Isa Al Khalifa, a member of country's Sunni minority, to institute a constitutional monarchy. The peaceful protests were met with an initial crackdown  as protesters were swept out from their encampment in the capital's Pearl Square by an armed police force.

After attempts at discussions, and a brief détente, between the protesters and the government, the King decided to reach out to the Saudi monarchy, a Sunni ruling class in a country with a sizeable Shiite minority, to send their military into Bahrain to end the protests. The King framed the ensuing crackdown in sectarian terms, blaming Shiite Iranian agents for fomenting rebellion in the island kingdom. What has followed has been a brutal crackdown largely captured on YouTube for the world to see.

While the world may watch the murder of unarmed protesters on YouTube, Bahrain is hiring a U.S. PR team to spin events to their benefit. Last Tuesday, day after Saudi troops entered Bahrain to repress protests calling for a constitutional monarchy, a new foreign agent registered for the government of Bahrain. (Update: The contract between Potomac Square Group and Bahrain was signed on February 17, not March 15. This pre-dates the Saudi incursion into Bahrain.) Potomac Square Group, run by former journalist Chris Cooper, registered to do PR work for the Bahraini government at the most controversial moment in the country's recent history.

Cooper is a former Wall Street Journal national and foreign correspondent. The Potomac Square Group is a new firm formed in February of this year and incorporated in Delaware. A LinkedIn profile lists Cooper's work history as well as a description of his work at the Potomac Square Group, which currently does not have a web presence, "Founding parter of a public affairs boutique. Clients include a foreign government seeking help in dealing with an internal crisis."

The Potomac Square Group's work for Bahrain is set by a monthly contract worth $20,000 that client can choose to renew after the first month.

While the Potomac Square Group is the most recent registrant for Bahrain, they are not the country's only PR firm in the United States. Qorvis Communications, one of Washington's biggest PR firms, inked a deal with the island kingdom last year. The firm offered the kingdom's most recent spin on the protest crackdown in a press release highlighting statements made by Secretary of State Hillary Clinton, while omitting her statement that the government was "on the wrong track."

U.S. Secretary of State Hillary Rodham Clinton today emphasized the commitment of the United States toward Bahrain and her hope for the success of the National Dialogue in the island kingdom. She also affirmed the "sovereign right" of Bahrain to invite security forces from allied countries, and stated that the U.S. shared the goals of the GCC regarding Bahrain.

Since the uprising in Bahrain began, Bahrain's Crown Prince has called on all parties to engage in a dialogue to reconcile differences. Secretary Clinton said the goal of the United States is "a credible political process that can address the legitimate aspirations of all the people of Bahrain."

Ambassador Houda Nonoo appreciated the Secretary's comments that dialogue should unfold in a peaceful, positive atmosphere that ensures that students can go to school, businesses can operate and people can undertake their normal daily activities. Said Ambassador Nonoo, "The government of Bahrain has consistently maintained that differences should be resolved peacefully around the negotiating table, but unfortunately, the opposition has not responded to this offer and instead has chosen to continue along the path of violence and disruption of normal life in Bahrain. It is my government's belief that wisdom will prevail among the opposition and they will come to the negotiating table to resolve all differences peacefully."

Qorvis' work with Bahrain began a month before an election in the country, which featured the arrest of prominent Shiite clerics and a very favorable outcome for the ruling family.

The United States has long had good relations with Bahrain. The Navy's Fifth Fleet is currently stationed in Bahrain and the two countries have formed close economic ties.

Qorvis is not only contracted with Bahrain, but with the Saudi government as well. The company's representation of the Saudi monarchy was controversial when they signed the contract in 2002. After the 9/11 attacks and revelations that Saudi money flowed to Al Qaeda, the global terror network that executed the attacks, the contract to spin U.S. media and policy makers for the Saudi monarchy was not met well. Three of Qorvis' partners quit in protest.

Recently, Qorvis' work for Saudi Arabia has involved providing advice, preparing press releases, and helping the nation connect to social media. The company's foreign agent statement from last fall states that Qorvis worked to assist "with developing content for the YouTube and Twitter pages."

The Monitor Group/Libya controversy continues today with an article in the Boston Globe. The article quotes Libya scholar Dick Vandewalle explaining the real-world consequences of Monitor's work, "The really nefarious aspect of this is that it reinforced in Khadafy’s mind that he truly was an international intellectual world figure, and that his ideas of democracy were to be taken seriously ... It reinforced his reluctance to come to terms with the reality around him, which was that Libya is in many ways an inconsequential country and his ideas are half-baked."

Monitor was actively engaged in deluding a delusional dictator for profit by promising to influence policy and public opinion, something for which they probably should have registered to do with the Department of Justice. One of those things, pointed out on this blog and covered more closely at Mother Jones, was the invitation of prominent scholars and writers to Libya to give lectures and then write articles for publication putting a positive take on the "new" Libya.

I've collected links to the articles that I was able to find so far. You can see them all below. Let me know if there are more I should add to this list:

Anthony Giddens, "My chat with the colonel," The Guardian, March 9, 2007.

Joseph Nye, "Tripoli Diarist," The New Republic, December 10, 2007.

Benjamin Barber, "Gaddafi's Libya: An Ally for America?," Washington Post, August 15, 2007.

"U.S. Should Enlist Libya's Help," NPR, December 11, 2006. (Interview with Benjamin Barber.)

Andrew Moravcsik, "A Rogue Reforms," Newsweek, July 16, 2007.

Andrew Moravcsik, "Soft Power's Libya Triumph," Financial Times, July 29, 2007.

Stephen Walt, "The shores of Tripoli...," Foreign Policy, January 19, 2010.

“Monitor is not a lobbying group."

That was the assertion in one of a series of memos between The Monitor Group and the Government of Libya that were leaked by the Libyan opposition to Muammar Gaddafi’s now-tenuous rule of Libya. The memos, leaked in 2009, detail an extensive plan to promote the Libyan view to government officials and the American public that may leave many wondering why the firm never registered as a foreign lobbying group under the Foreign Agents Registration Act (FARA).

Beginning in 2006, Monitor began work as a consultant for Libya to “Enhance the Profile of Libya and Muammar Qadhafi” and to help the country establish an economic strategy. Monitor stated that it charged the Government of Libya $250,000 a month along with an open expense account that would not total more than $2.5 million.

In a memo dated July 3, 2006, The Monitor Group spelled out their plan of action for the Gaddafi government. This included mapping “critical figures … among policy makers, government, media, think tanks, academics, journalists, private sector companies and lobby groups,” providing support for “publication of positive articles on Libya,” and coordinating with Libya’s “existing lobbyists to ensure an integrated program.”

The central focus of the program was the invitation of prominent individuals to visit Libya and talk to regime leaders including Gaddafi and his sons. The July 3 memo lists two qualifications for the selection of visitors, “the appeal of their ideas” and “the strength of their influence in guiding US foreign policy.”

According to The Lobbying Manual published by the American Bar Association, there are a few key definitions that an organization has to meet to be required to register as a foreign agent under FARA. In most cases, whether a firm’s action fall under the definition of the term “political activities” determines their registration status.

The precise definition of “political activities” under FARA is

“…any activity that the person engaging in believes will, or that the person intends to, in any way influence any agency or official of the Government of the United States or any section of the public within the United States with reference to formulating, adopting, or changing the domestic or foreign policies of the United States or with reference to the political or public interests, policies, or relations of a government of a foreign country or a foreign political party.”

The Monitor Group memos outline a strategy that is based on the need to influence both government officials in relation to U.S. policy and public opinion in regards to the Government of Libya and its leaders.

In a 2007 memo The Monitor Group states that their strategy is to “introduc[e] to Libya important international figures that will influence other nations’ policies towards the country.” This memo also states, “Many of the visitors brought to Libya have individually briefed all levels of the United States government including specifically the President, Vice President, Heads of National Security and Intelligence as well as the Secretary of State.”

One visitor to Libya was Nicholas Negroponte, the director of the MIT Media Lab and the founder of One Laptop Per Child. Negroponte’s brother is John Negroponte, at the time the Deputy Secretary of State. The memo indicates that Nicholas Negroponte “briefed his brother and other senior officials in the White House upon his return from Libya.”

Many other visitors are touted for their connections to policy makers in the United States. Author Bernard Lewis is said to have briefed then-Ambassador to Israel Richard Jones and “the entire political and economic staff at the U.S. Embassy in Israel on his visit to Libya.” Professor Benjamin Barber is stated to consult “regularly with … Bill Clinton, Howard Dean, former Senator Bill Bradley.” Anne-Marie Slaughter is listed as an advisor to Barack Obama and a “potential cabinet member.”

Monitor does not only explain their strategy to influence U.S. policy through the visitors program. They also explicitly state their own work in lobbying the U.S. government: “At a critical time when the United States was debating its recognition of Libya, Monitor met with senior officials in the United States government to share its perspective on Libya.” While Monitor may claim it was only sharing “its perspective” it was under contract with the Government of Libya to promote the country and improve its image at the time.

The memos also show Monitor’s work to influence opinion through the publication of articles by participants in the visitors program. Registration under FARA is not limited to the direct publication or dissemination of materials to influence public policy or public opinion. Indirect publication or dissemination is also included under registration requirements.

Monitor cites articles that Princeton professor Andrew Moravcsik wrote after his visit to Libya in Newsweek and the Financial Times and an appearance by Barber on NPR as positive examples of the kind of press that their work for Libya has produced.

Monitor also promotes itself as a voice to the media for discussions about Libya, “Monitor continues to speak directly to the media about Libya, and is willing to be quoted in the international press.”

On February 24 Monitor released a statement explaining “we do not discuss specifics of our work with any client … we are deeply distressed and saddened to witness the current tragic events in Libya. … Our work was focused on helping the Libyan people work towards an improved economy and more open governmental institutions. This is within a context of a period that was widely perceived as holding meaningful potential for reform within, and new opportunity for, Libya. We sought, consistently, to enable such progressive developments.”

(More Sunlight coverage of lobbying by governments facing protests and revolts in the Middle East.)

Since the unrest in the Middle East began a month ago the Sunlight Foundation has shone a unique spotlight on the lobbying efforts by the governments now facing massive protests and upheaval. Check out this post for an overview of the lobbying contracts from some of the Arab world and below for in-depth coverage on specific countries:

Algeria

• February 18, 2011: Libya and Algeria rocked by recent protests, have history of US lobbying

Egypt

• February 16, 2011: Egypt's Lobbyists Worked To Block Pro-Human Rights, Democracy Resolution

• February 15, 2011: Egypt's Washington Lobbying Operation Continues
• February 7, 2011: Egypt's Corruption Problem
• January 31, 2011: Lobbying Contacts By Egypt's Washington Lobbyists
• January 28, 2011: Egypt and US Lobbying History
• January 28, 2011: Egypt's Washington lobby helped country's military and U.S. defense firms

Libya

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Curious about other countries? The Sunlight Foundation and ProPublica created the Foreign Lobbying Influence Tracker to enable research of the lobbying records by other countries. This searchable database is a collection of filings under the Foreign Agent Registration Act that is maintained by the Justice Department. Since mid-2007, the pdf images of these documents are available online and the Foreign Lobbyist Influence Tracker is the strongest resource available that digitizes these important records.

New disclosures filed in the past few weeks by Egypt's lobbying team in Washington shine a light on the activity the country took last summer and fall to block the discussion and passage of a resolution calling on the United States to support human rights in Egypt and demand an end to the emergency law, two key demands of the protesters who, last week, toppled former President Hosni Mubarak.

While only two of the three lobbying firms working for Egypt have filed their reports for the second half of 2010, the pattern of contacts reported so far shows a high level attention paid to the Senate Resolution (S. Res. 586) introduced by Sen. Russ Feingold (D-WI) on July 20. Seventy-seven of the 129 lobbying contacts made by The Livingston Group and The Podesta Group were to senators. Fifty-two of these contacts explicitly mention the Resolution, while many more contacts are undoubtedly related.

See the updated database of lobbying contacts by Egypt's Washington lobbyists below (see the original database and post here.)

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The most contacted Senate office was that of Sen. Roger Wicker (R-MS). In an article in Foreign Policy, Wicker was implicated as the chief actor in blocking movement of the Feingold Resolution.

An aide to Wicker confirmed to The Cable that Wicker did in fact talk with Livingston about the resolution, but the aide said that Wicker was simply doing his due diligence to make sure the resolution was not pushed through hastily.

"Senator Wicker's main goal was to make sure the resolution was worded in a way to make sure the resolution was productive and to make sure that Egypt was recognized as an ally and a partner," the aide said.

According to the report filed by The Livingston Group Wicker did not simply talk with Livingston about the Resolution, he was the lobbying firm's chief contact on Capitol Hill on the Resolution. Livingston Group lobbyists contacted Wicker's office twenty times after the Resolution was introduced. Seventeen of those contacts listed the Resolution as the reason for the contact.

Twenty other Senate offices were contacted over this period, largely in regards to the Feingold Resolution. The second most contacted office was that of Sen. Johnny Isakson (R-GA). Isakson's office was contacted ten times by Livingston Group lobbyists.

Supporters of the Resolution were contacted thirteen times by lobbyists from The Podesta Group.

The Foreign Policy article mentioned above includes speculation about other senators who successfully worked to block passage of the Resolution. Sen. Dianne Feinstein (D-CA) is noted to have "had concerns about the resolution's effect on the U.S. relationship with the Mubarak regime and worried that it would jeopardize U.S.-Egyptian cooperation on a range of sensitive national security issues." Podesta Group lobbyists contacted her office three times during the post-midterm lame duck session when a pared down version of the Resolution was making the rounds.

The article also notes that the lame duck effort to pass the Resolution ended after two Democratic senators placed a secret hold on it to block discussion. While Feinstein denies placing the final secret hold, she was one of only two Democrats contacted by Podesta Group lobbyists who had not cosponsored the Resolution during the lame duck. The other Democrat being Majority Leader Harry Reid, who was contacted twice after the midterm election.

There are likely other Democratic senators who were contacted by Egypt's lobbyists during the campaign to block the Feingold Resolution. The Moffett Group, a Democratic connected lobbying firm, has yet to release their final disclosure report for 2010. Upon receipt of the Moffett report, there may be more clarity to the senators behind the blocking of the Feingold Resolution.

On February 2, 2011, in the midst of the revolution in Egypt, the PLM Group, filed a disclosure report with the Department of Justice noting their continued lobbying contract with the government of Egypt. The report notes that, while PLM holds the lobbying contract for Egypt, the three lobbying firms that make up PLM handle the filing independently. Those firms are The Podesta Group, The Livingston Group, and The Moffett Group. (The report also lists a firm called Vanguard Government Services, which is not registered as a foreign agent, but is run by two lobbyists from The Livingston Group.)

So far, Podesta and Livingston have filed new disclosure reports detailing their lobbying work up through the end of last year. This includes efforts to influence the Senate's work on a resolution supporting human rights in Egypt.

We'll have more on these new reports tomorrow.