Legal Commentary

Obama's Sestak Memo: Nothing Improper

By Jeralyn

Republicans need to find another issue. White House Counsel Robert Bauer issued a memo (available here) on the Joe Sestak "job" talks today.

An unpaid, advisory position within the executive branch is not a job.

We found that, as the Congressman has publicly and accurately stated, options for Executive Branch service were raised with him. Efforts were made in June and July of 2009 to determine whether Congressman Sestak would be interested in service on a Presidential or other Senior Executive Branch Advisory Board, which would avoid a divisive Senate primary, allow him to retain his seat in the House, and provide him with an opportunity for additional service to the public in a high-level advisory capacity for which he was highly qualified. The advisory positions discussed with Congressman Sestak, while important to the work of the Administration, would have been uncompensated.

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Bill Clinton did nothing improper.

The White House Chief of Staff enlisted the support of former President Clinton who agreed to raise with Congressman Sestak options of service on a Presidential or other Senior Executive Branch Advisory Board. Congressman Sestak declined the suggested alternatives, remaining committed to his Senate candidacy.

The Democratic Party leadership had a legitimate interest in averting a divisive primary fight and a similarly legitimate concern about the Congressman vacating his seat in the House. By virtue of his career in public service, including distinguished military service, Congressman Sestak was viewed to be highly qualified to hold a range of advisory positions in which he could, while holding his House seat, have additional responsibilities of considerable potential interest to him and value to the Executive Branch.

There have been numerous, reported instances in the past when prior Administrations -- both Democratic and Republican, and motivated by the same goals -- discussed alternative paths to service for qualified individuals also considering campaigns for public office. Such discussions are fully consistent with the relevant law and ethical requirements.

Republican attempts, such as those by Rep. Rep. Darrell Issa, to turn this into a violation of 18 USC 201 will go nowhere. Nor is a special prosecutor needed. Let's get back to things that matter.

Full post as published by TalkLeft on May 28, 2010 (boomark / email).