In wake of fake letters to Congress, groups call for ban on such tactics

A scandal involving phony letters sent by a Washington “grassroots” lobbying firm to three members of Congress is prompting calls for new laws to outlaw such deceptive tactics.

The fake letters urged U.S. Rep. Tom Perriello, D-Ivy, and two other congressmen to oppose the American Clean Energy and Security Act. An employee of lobbying firm Bonner & Associates sent the letters on behalf of a pro-coal advocacy group, the American Coalition for Clean Coal Electricity.

The 13 letters were forged to look as if they came from nine community groups, including the Albemarle-Charlottesville chapter of the NAACP, the American Association of University Women, the Jefferson Area Board for Aging, the Senior Center in Albemarle County and others.

On Thursday, top officials with the NAACP and the AAUW called for congressional hearings into the matter and for Congress to take up new legislation that would target lobbying firms such as Bonner & Associates that specialize in orchestrating “grassroots” campaigns.

“We urge Congress to take whatever steps necessary to make sure something like this never happens again,“ said Linda D. Hallman, executive director of the American Association of American Women.

A new law ought to prevent lobbying firms from misappropriating the names and reputations of organizations while seeking to influence lawmakers, said Hilary O. Shelton, vice president for advocacy and director of the NAACP’s Washington bureau.

“Anything that’s done that circumvents the views of groups taking part in the political process is very, very serious,“ he said.

Shelton added that any legislation aiming to prevent such misleading tactics should also seek to preserve freedom of speech and ensure that legitimate constituent groups can contact their lawmakers and speak their minds.

A measure introduced in Congress three years ago would have required “grassroots” firms such as Bonner & Associates to disclose their lobbying expenditures and the identity of their clients. The measure was originally part of the Legislative Transparency and Accountability Act of 2007, but was stripped out by an amendment introduced by U.S. Sen. Bob Bennett, R-Utah.

Advocates say the measure was nixed after a “misinformation campaign” distorted the debate over the enhanced disclosure provision. According to the nonpartisan OMB Watch, opponents - including grassroots lobbying and advertising firms - said the measure would infringe on First Amendment rights to contact lawmakers about pending legislation. Advocates say, however, that the measure would have only required disclosure by companies that spend more than $25,000 on “grassroots” lobbying in a three-month period.

Under current law, “grassroots” lobbying firms are not required to file lobbyist disclosure documents because they do not generally contact lawmakers directly.

“The law that we were trying to get approved was simply to let the public know who was really behind these ‘grassroots’ campaigns,“ said Larry Ottinger, president of the Center for Lobbying in the Public Interest. “The law didn’t say you couldn’t do it; it just said you had to disclose [the identity of your clients].“

Ottinger said he believes that the fake letter scandal underscores the need for new disclosure rules targeting such lobbying companies.

“We think disclosure is critically important,“ he said.

U.S. Rep. Edward J. Markey, D-Mass., chairman of the House Select Committee on Energy Independence and Global Warming, has launched an investigation into the forged letters. Jeff Sharp, a spokesman for the committee, said it is too early to say if the probe will result in congressional hearings or new legislation, but that “all options are on the table.“

“It’s still early. It’s an ongoing investigation,“ he said. “But all options are on the table. This is too important an issue.“

The House approved the American Clean Energy and Security Act by a narrow margin in late June. The Senate is expected to consider the measure soon.

Officials with the NAACP, the AAUW, the National Wildlife Foundation, the Sierra Club and the Center for American Progress on Thursday launched a hotline, 1-866-363-4648, for people to call and report any forgeries or staged events that aim to mislead public officials to oppose the bill as the energy debate continues in the Senate.

“We fear we may have seen only the tip of the iceberg,“ said Adam Kolton, a lobbyist for the National Wildlife Foundation. “It’s becoming increasingly clear that additional steps need to be taken to ensure a fair debate on the clean energy bill.“

Bonner & Associates has said the fake letters were created by a temporary, part-time employee who was fired immediately after the forgeries were discovered.

The company has implemented measures to prevent such an incident from occurring again, such as ethics training for all employees and verification of all letters sent as part of future campaigns.

The American Coalition for Clean Coal Electricity has said that it had no knowledge of the forgeries until it was notified after the fact by Bonner & Associates. The coal advocacy group has since severed ties with Bonner & Associates.

The groups sponsoring the hotline said the forged letters are only the latest example of “Astroturfing” - meaning fake grassroots - by the oil and gas industry in opposition to the climate change legislation. They pointed to a campaign by the American Petroleum Institute that encouraged oil company employees to attend rallies and speak out against the bill.