The Apostasy of the Elites
excerpted from the book
The Paradox of American Democracy
by John B. Judis
Routledge Press, 2001, paper
p156
The Apostasy of the Elites
In the I980s there were clearly individuals, like Greenspan,
Burns, Simon, former Secretary of Defense Clark Clifford, and
former Secretary of State Henry Kissinger, who could, and did,
claim to be part of the nation's establishment. They were appointed
to presidential commissions, asked to testify before Congress
as disinterested "wise men," and invited to vent their
expert opinions on op-ed pages and on Sunday television news shows.
But many of them-like those who had eagerly endorsed Reagan's
balanced budget plan in September I980-no longer behaved, or functioned,
as elites. They were interested, rather than disinterested, participants;
what they said often meshed subtly or crassly with the interests
of business clients or political patrons.
There were also organizations that claimed to be part of the
establishment. "We are delighted to be members in good standing
of the Washington Establishment," the president of the American
Enterprise Institute declared. Washington and New York abounded
in "foundations," "institutes," "institutions,"
"centers," "committees," and "councils"-the
labels that once distinguished elite groups from trade associations
and PR firms. But many of these organizations were really the
intellectual arm of business lobbies or political factions. They
had little in common with the National Civic Federation, the Brookings
Institution, or other original elite institutions. A similar gulf
separated the newer foundations like Olin and Smith-Richardson
from the older Ford and Rockefeller foundations. Irving Kristol
had said it best when he declared that the new "corporate
philanthropy should not be, and cannot be, disinterested."
The older elite organizations had helped make democratic pluralism
possible. They stood for defining the national interest in terms
that took account of business, labor, and the other competing
groups in society. But the new organizations, foundations, and
think tanks were designed to undermine democratic pluralism-to
further the rule of business and of its K Street lobbyists over
the political process. By the end of the seventies the new organizations
had carried the day-through their own self-promotion and through
intimidating the other elite organizations.
The Intimidated Elites
In the early I970s, conservative intellectuals, with the support
of business leaders, began attacking the older elite think tanks,
policy groups, publications, and foundations. They argued that
Brookings, the Ford Foundation, and the Washington Post and New
York Times were not independent, objective, and impartial in their
political judgments and reports, but liberal and left-wing. Wrote
former Nixon speechwriter and new right leader Pat Buchanan in
I970s, "The Brookings Institution, policy institute of the
left, works hand-in-glove with bureaucrats and Democrats.... The
national press is the silent partner of the political and social
movements of liberalism." These charges put those institutions
on the defensive. They tried to demonstrate their impartiality
by embracing the views of their critics.
In the past, elite organizations had not merely survived attacks
from business and labor, but flourished. In the Progressive Era,
the National Civic Federation was denounced by both the NAM and
the Socialist Party. In the sixties, the radical right and the
radical left had both attacked the Ford Foundation. With powerful
critics on both sides of them, the elite organizations could perform
a mediating role between business and its adversaries. But beginning
in the I970s, Brookings, the CED, the Ford Foundation, and the
New York Times editorial board could no longer play a mediating
role. Their critics were almost entirely to their right.
In addition, the elite groups remained predominately upper-class
in their membership and dependent upon bankers and businessmen
for much of their financial support and political legitimacy.
During the Progressive Era, the I930s, and the post-World War
1I decades, there had been a sizable group of business leaders
like George Perkins and Paul Hoffman who insisted that businessmen
had to focus on the long-term national interest. But by the I9705
they had become an anachronism. There were some holdovers like
banker Felix Rohatyn, but most of the investment bankers who meddled
in government policy were like William Simon or Walter Wriston,
the CEO of Citicorp and prime mover behind AEI. They were primarily
interested in protecting their own.
One could draw a sharp contrast, for instance, between Robert
Brookings, the initial funder of the Brookings Institution, and
Richard Mellon Scaife, who supplied much of the funding for Heritage
and other policy groups. Brookings, who migrated to St. Louis
at age seventeen, was a self-made millionaire who sold bowls,
clothespins, and other wooden products in the West. His real passion
remained, however, history and music, and at thirty-five he quit
his dry-goods firm to go to Berlin to study the violin. When informed
by his teacher after a year's study that he would never be better
than a talented amateur, he returned to St. Louis and business.
Having reamassed a fortune, he retired ten years later in I 896
and devoted the rest of his life to philanthropy. He became the
president of Washington College, which he made into Washington
University. Much of St. Louis's intellectual and cultural life
still bears Brookings's mark. He was a founding member of the
Carnegie Corporation, a trustee of the Smithsonian Institution,
and was active in the National Civic Federation. He served on
commissions in the Taft administration and on the War Industries
Board in World War I.
Scaife, by contrast, was a reclusive millionaire. Born in
I933, he inherited his wealth from the Mellon fortune. He flunked
out of Yale and did not seem to have any occupation until I969,
when he purchased a small-town newspaper. His principal work seems
to have been funding conservative policy organizations, think
tanks, and publications. Over four decades, he would give $620
million (in I999 dollars) to conservative organizations. In I994
he set up a fund to investigate whether former Clinton aide Vincent
Foster was murdered by someone associated with the Clinton administration,
even though police reports had ruled that Foster's death was a
suicide. He appears to have been a man of fevered imagination
and narrow, visceral hatreds.
There was also a sharp difference between the religious and
moral outlook of the older elite and that of the new funders of
foundations and think tanks. The older elite had been deeply influenced
by the Protestant social gospel and carried on a tradition of
noblesse oblige. But many of the men who funded the AEI, Heritage,
and the new policy groups were closer to the conservative wing
of Protestantism that had risen in opposition to the social gospel.
J. Howard Pew of Sun Oil, for instance, who was a prime contributor
to Billy Graham and Christianity Today, pressured evangelicals
to embrace a radical right stance on economics and foreign policy.
Pew's foundation would later be one of the largest contributors
to the AEI. Other wealthy conservative Christians included Richard
M. DeVos, the president of Amway Corporation; Nelson Bunker Hunt
of Hunt Oil; and Art DeMoss, the chairman of the National Liberty
Insurance Corporation.
Few of the investment bankers and corporate CEOs who served
as trustees of the foundations and think tanks and as outside
directors of the great newspapers, and who helped fund policy
research in the I9705, shared Robert Brookings's view of the world.
They may not have been virulently partisan like Scaife or as religiously
conservative as Pew, but they focused on the threat to their company's
profitability from government intervention and hostile political
movements. They were largely oblivious to the ethic of noblesse
oblige or to older strains of the Protestant social gospel. They
were the upper-class counterparts to the Marin suburbanites that
McFadden satirized. Instead of making sure that the elite organizations
played their mediating role, they threw their money and weight
behind the new conservative-business alliance.
In the face of withering attacks, some of the older elite
organizations made modifications, but they maintained their identity.
Brookings, for instance, hired a conservative publicist and recruited
a monetarist and an anti-Soviet hawk to buttress its claim to
being nonpartisan and non-ideological. When its president Kermit
Gordon, a former economic advisor in the Kennedy administration,
died in I977, it appointed Bruce MacLaury, who had been in the
Nixon Treasury Department before becoming president of the Minneapolis
Federal Reserve Bank, as his successor. But several organizations
underwent more significant upheaval in the I970s. These included
the Ford Foundation, the New York Times, and the Washington Post.
Under-McGeorge Bundy the Ford Foundation had come under heavy
criticism from Congress in I969 for its role in Ocean Hill-Brownsville,
its funding of voter registration in Cleveland's mayoral race,
and Bundy's award of resettlement grants to wealthy former aides
of the late Robert Kennedy. In response, Congress had inserted
new requirements in the I969 tax reform bill that prohibited foundations
from seeking to influence legislation or elections with their
grants. Bundy and the foundation weathered that crisis, but in
the next decade they faced a new challenge from business critics
outside and inside the foundation.
What brought the wrath of business leaders down on Bundy's
head was the foundation's role in backing the environmental and
consumer movements. Ford underwrote the growth of public interest
law firms. It was the main source of funds for the Center for
Law in the Public Interest, the Environmental Defense Fund, the
Sierra Club Legal Defense, the Natural Resources Defense Council,
the Institute for Public Interest Representation, the Center for
Law and Public Policy, the Citizens Communication Center, the
Public Advocates, the Education Law Center, and the Center for
Law and Public Policy. These firms often sued the U.S. government
to force it to make companies comply with the new environmental
and consumer legislation.
Bundy and the foundation also incurred the wrath of business
through its work on energy conservation. In 1971, Bundy launched
what would become a three-year, g4 million study of U.S. energy
use. The final report, A Time to Choose, was released in October
I974, but the research was finished by the time the energy crisis
hit in late I973. The project staff was called upon to testify
on Capitol Hill, and its recommendations became the basis of a
House bill. The report laid out three options: continued use of
oil and gas at the present rate, a "technical fix" that
would cut the rate of increase in half, and a "zero-growth"
option that would hold energy use increase after I985 at 2 percent
a year. The report recommended either the technical fix or the
zero option and argued that either could be achieved without causing
a recession by adopting improved automobile gas mileage, better
building construction, and greater industrial efficiency. To oversee
either the technical fix or the zero option, the report called
for the creation of a federal "energy policy council."
In retrospect, the report's recommendations were wise, prudent,
and moderate-just the kind of thing one would expect from a dispassionate,
but also cautious, application of social science. Over the next
decade, the nation would go considerably farther than the report
called for. The report's technical fix and zero option called
for U.S. energy consumption to go from 73 quadrillion BTUs in
I974 to about go quadrillion BTUs in I985. In fact, consumption
would go from 73 to 74! A recession would occur in I982, but it
would not be caused by energy conservation. And Congress and the
Carter administration would establish not just a new policy council,
but an entire new cabinet department. All in all, the report succeeded,
as one energy expert concluded in I984, in shifting "the
orientation of public policy somewhat closer to a conservationist
ethic."
Some energy and environmental experts applauded the report.
Michael McCloskey of the Sierra Club said, "It is a pity
that the report of the Energy Policy Project was not available
a couple of years ago to help guide us through the turmoil of
the energy crisis." But from the moment the Ford panel began
releasing its findings, it was hounded by industry representatives.
Against the wishes of the project's director, S. David Freeman,
the foundation created an advisory board that included prominent
industry representatives, including William P. Tavoulareas, the
crusading president of Mobil Oil; John D. Harper of ALCOA, the
first president of the Business Roundtable; Donald C. Burnham,
the president of Westinghouse; J. Harris Ward, the director of
Commonwealth Edison; and Minor S. James, the vice president of
the Independent Petroleum Institute of America. When the report
was issued, the industry representatives hit the roof. Tavoulareas
denounced it at the National Press Club. James declared, "ln
my considered judgment, this report is seriously lacking in objectivity
and is not an appropriate guidance tool for evaluating or determining
public policies as to energy." Ward objected to the report's
wariness about the safety of nuclear reactors. "A proposal
to defer nuclear development in this country is dangerous to the
national security and the national welfare," he wrote.
Several think tanks issued reports and studies attacking the
report. The Institute for Contemporary Studies, a conservative
think tank funded by Olin and Scaife money, put out a book of
essays, No Time to Confuse. Its critics, drawn from business and
engineering schools, rejected the report's contention that energy
conservation was economically feasible. The report's scenarios
were "worthless," No Time to Confuse declared. And they
warned that government intervention could work "only in the
context of a police state."
The Ford Foundation panicked at the torrent of vitriol. Bundy
agreed to publish a critique of the report by Tavoulareas, titled
A Debate on a Time to Choose. The foundation also appointed a
team to review the process, headed by John Deutch, an MIT professor
and energy expert who would become Undersecretary of Energy in
the Carter administration and later serve as CIA director in the
Clinton administration. Instead of soberly evaluating the report,
Deutch's team seconded the conclusions of the critics from industry.
It called the report "extremely naive regarding the feasibility
of effectively implementing many of the policy proposals"
and accused it of a "pervasive anti-market, progovernment
bias." It concluded ominously:
What is of legitimate concern is the general atmosphere of
an adversary nature that seems to have existed between the project
and the representatives of industry on the Advisory Board. As
a result, an attitude of hostility to the project has spread in
the business community. This hostility has limited the useful
impact of the project. If the Energy Policy Project was to be
influential in the long term public debate on energy policy, it
was essential that the project have credibility with leaders of
energy industries.
Deutch didn't understand the irony of this point: to have
had credibility with leaders of the energy industry, the report
would have had to abandon its support for government-sponsored
energy conservation, exactly the alternative that the country
would turn to, and that Deutch himself would oversee. The business
leaders and their lobbyists had succeeded in intimidating not
only the foundation but also prominent social scientists like
Deutch.
The year after Deutch's report, the final blow fell on the
foundation. Henry Ford 1I resigned in protest from the board of
trustees. In his letter of resignation, Ford took direct aim at
what he believed was the foundation's hostility to business:
The Foundation exists and thrives on the fruits of our economic
system. The dividends of competitive enterprise make it all possible....
In effect, the Foundation is a creature of capitalism-a statement
that, I'm sure, would be shocking to many professional staff people
in the field of philanthropy. It is hard to discern recognition
of this fact in anything the Foundation does.... Perhaps it is
time for the Trustees and staff to examine the question of our
obligations to our economic system and to consider how the Foundation
as one of the system's most prominent offspring might act most
wisely to strengthen and improve its progenitor.
Ford's resignation clearly reflected business's dissatisfaction
with the foundation. It became the basis for Irving Kristol's
attack on "disinterested" corporate philanthropy. Bundy
had resisted this kind of criticism before, but now he took steps
to accommodate it. To mollify the critics of his funding environmental
public interest firms, he began funding new firms that claimed
to mediate between the public interest firms and the government.
He also appointed a new pro-industry panel to do a new energy
report. It appeared in I979 and was ignored. Its principal argument
was that conservation and the development of alternative sources
of energy could best be achieved through "decontrolling"
energy prices.
In I979, Bundy reached mandatory retirement age. The foundation's
trustees appointed Franklin Thomas to succeed him. Thomas's appointment
appeared to confirm the foundation's independence. He was the
first black to become the head of a major foundation. An Ivy Leaguer,
he had shunned corporate law to make his name as the head of a
large Ford-funded poverty project in the Bedford-Stuyvesant area
of New York. But Thomas, it turned out, represented an innocuous
social liberalism that calmed the fears of the foundation's business
critics. He was interested in funding poverty programs and promoting
affirmative action inside and outside of the foundation. He upped
Ford's commitment to ghetto redevelopment and women's rights.
While other foundation officials balked at the Reagan administration's
request that private foundations make up for the loss in government
social programs for the poor, Thomas, in effect, complied. At
the same time, Thomas abruptly abandoned the foundation's commitment
to consumer, environmental, and energy programs that might have
ruffled the business community.
One of Thomas's first acts was to end funding for public interest
law firms. A Ford official claimed that the foundation wanted
the organizations to become "self-sustaining institutions,"
but this was laughable. In Washington, public interest firms were
already being outspent about twenty-five to one by their corporate
counterparts. Ford's withdrawal of funds meant that the balance
between consumers and large corporations would be tipped even
farther in business's direction. With Thomas's appointment, business
had won its decade-long struggle to emasculate the Ford Foundation.
At the same time, business leaders began to attack the press
for being "antibusiness." Corporations began monitoring
newspapers and television shows to demonstrate bias. Chevron sponsored
a project on "The Influence of Reporter Bias on TV Viewer
Opinion." Other surveys were funded through the AEI and the
Institute for Contemporary Studies. In I976, Mobil Oil, Proctor
and Gamble, and other corporations set up the Media Institute
in Washington to monitor media coverage of business. Its advisory
board included Bryce Harlow, Murray Weidenbaum, and Herbert Schmertz,
the vice president of Mobil Oil who pioneered corporate advocacy
ads. One business editor, recalling the early I9705, described
"the visceral hatred and contempt that most businessmen had
for the media." Much of this hatred became known to the publishers
of major newspapers when they solicited advertising or when they
met with their boards of directors.
The New York Times always prided itself on being immune to
outside pressures, but it was among the first publications to
succumb. Arthur "Punch" Sulzberger became publisher
of the newspaper in I963. The editor of the editorial page was
John Oakes, Sulzberger's second cousin. Oakes had been in charge
since I96I and had been on the editorial board since I949. One
of the nation's most distinguished editors, he was responsible
for the introduction of the op-ed page in I970 (the first of its
kind) and for the Times's prescient warnings about U.S. intervention
in Vietnam. But his evenhanded editorials on business and labor-many
of them written by A. H. Raskin (a distinguished labor reporter)
or Leonard Silk (later an outstanding business columnist) and
his support for consumer and environmental legislation began to
provoke protests from businessmen close to Sulzberger. Whenever
Sulzberger made his annual pilgrimage to Detroit to help the advertising
department sell ads to the Big Three, he would return filled with
complaints about the editorials questioning car safety or bemoaning
auto pollution.
Sulzberger hired a Harvard management expert, Chris Argyris,
to analyze the relationships among the paper's different departments.
Argyris's report was subsequently published with the names of
the paper and its editors changed (the New York Times was called
the Daily Planet). The exchanges between Sulzberger ("P"
in the book) and Oakes ("T") reveal the growing tension
over business coverage:
[Oakes] then said that one of the problems of being a paper
with a conscience was that such a paper served the community best
by being critical: "We're helping our city by being critical
of all the things that are wrong with it. I think that the best
way to help the city is to be critical. Of course, this is different
from the typical booster view." [Sulzberger] interrupted
to ask [Oakes], "Are you anti-big business?" [Oakes]
answered, "No, I'm not." "The editorial page,"
[Sulzberger] retorted, "could give some people the idea that
we're anti-big business." "That's because businessmen
don't like some of the criticisms that we made," [Oakes]
replied. "I would say that we're as critical of big labor
as we are of big business."
At a second session, Sulzberger, turning against Oakes for
his antibusiness views,
described his feelings when, on a few occasions, several
of his corporation board members, men whom he respects greatly,
read the paper to find their company's actions condemned. [Oakes]
said that he had never thought of that embarrassment. However,
he still believed that the correct action for the paper was to
condemn the companies even if their chief executive officers were
on the corporate board. [Oakes] continued, "These businessmen
are great human beings, but they have no feelings for the tradition
of a great newspaper." [Sulzberger] replied, "Let us
be clear that news and editorial matters are not discussed by
these businessmen. But it is still not easy to divorce myself
when I know [that we have attacked] someone who sits on our board
of directors.... None of these men would even think of trying
to influence our positions. But they might say, "You are
certainly entitled to print anything you wish, but how on earth
did you arrive at such-and-such a position?"
By the mid-1970s, Sulzberger had resolved to change the newspaper's
image among businessmen. Sulzberger told biographer Joseph Goulden
that he had wearied of defending the newspaper to his business
friends. In October I976, to symbolize his determination to change,
he fired Oakes two years before he was to retire and replaced
him with Max Frankel. Within a year both Silk and Raskin were
also gone. An almost identical course of events took place at
the Washington Post. In 1967, Philip Geyelin had become editor
of the editorial page.
Katharine Graham, who had become publisher in I963, hired
Geyelin, a former Wall Street Journal diplomatic correspondent,
partly because she wanted to move the paper away from its identification
with Johnson's policy in Vietnam. Geyelin, like Oakes, was by
no means a radical, but he backed a negotiated peace in Vietnam
and was amenable to the new Washington-based environmental and
consumer groups. In its earlier versions, the Post had backed
Nader's plan for a federal consumer protection agency, even though
its defeat had become a paramount goal of the Business Roundtable
and its allies.
At the end of I977, Graham called in Geyelin and asked for
his resignation. Graham wrote later that it was because he was
in a "prolonged slump" after Watergate. But other Post
editors believe that she, like Sulzberger at the New York Times,
had come under pressure from friends in business and Post directors
who thought that the newspaper's editorial policy was antibusiness.
Geyelin pleaded for another chance, and Graham agreed. The next
February, when the consumer protection agency bill came up for
a vote, Geyelin informed Colman McCarthy, who had written the
earlier editorials, that the newspaper was going to change its
position and oppose the bill. He gave the job of writing the editorial
to a woman who was becoming close to Graham and would later become
her speechwriter.
In its editorial, the Post explained that it was changing
its position because "both the legislation and conditions
have changed." But the changes, it acknowledged, had been
to "cut back" rather than enlarge the agency's authority.
What, then, was its beef? The $I5 million cost! Argued the newspaper:
"The bill's sponsors maintain that the $I5-million budget
of the new agency would be more than offset by transfer or elimination
of existing consumer programs in over 20 agencies. We find the
net-savings claim a bit hard to swallow." The newspaper rested
its case on the most implausible grounds. In fact, the price tag
on the agency hadn't gone up since the Post had first endorsed
the agency-if anything, it had gone down. And no one had ever
suggested that a $I5 million expenditure amid $505 billion in
outlays-approximately 0.003 percent of the federal budget-could
threaten insolvency. The weakness of the argument revealed the
newspaper's true motive: not to prevent an unwise and unwarranted
expenditure that could expand the deficit, but to give a signal
to business that it was on its side on an issue that had great
symbolic importance to it.
Graham at this point had turned extremely hostile to the consumer
movement and the Federal Trade Commission. When FTC chairman Michael
Pertschuk met with Graham to try to reduce her animosity, Graham
surprised him by denouncing the Washington Post's consumer reporter,
Morton Mintz, a journalist who had broken the Thalidomide story
in I962 and had been one of the first reporters to write about
Nader and auto safety. "She delivered a diatribe against
Morton Mintz saying that he doesn't realize that for the Post
to survive it has to make a profit. I had the sense that the Post
had to thrive and consumer reporting was inimical to that,"
Pertschuk recalled.
After that, the newspaper regularly opposed consumer legislation.
It denounced a bill to regulate advertising on young children's
television shows-a proposal violently opposed by cereal companies.
"It is a preposterous intervention that would turn the agency
into a great national nanny," the newspaper declared. Geyelin
himself only lasted through the year. When Graham's son Donald
took over as editor the next year, one of his first acts was to
fire Geyelin and replace him with his deputy Meg Greenfield. Geyelin
later explained his firing: "I've been told that he felt
we were too liberal."
Neither the New York Times nor the Washington Post-nor, for
that matter, the Ford Foundation-became mouthpieces for the Business
Roundtable or the Heritage Foundation, but they showed that they
were subject to intimidation from the powerful bloc of conservatives
and business lobbies that dominated American politics in the late
I970s.
***
p173
Doing good to do well"
Just as some older elite organizations abdicated their responsibility
during the I9805, 50, too, did many of the individuals who had
earned a reputation as disinterested public servants. By the mid-l980s
there were over a thousand former officials in Washington working
as lobbyists, including over 200 former members of Congress. They
weren't working simply as lawyers who were knowledgeable in FDA
or FCC policies. They were selling their reputations and even
their convictions. Many of the former officials would trade on
their reputation as members of the elite in the crassest manner:
they would defend their clients' positions in speeches, interviews,
and op-ed pieces without identifying themselves as lobbyists.
Elliot Richardson was not known as a lobbyist for Japanese companies
but as "Mr. Ambassador" and the man who had defied Nixon
during Watergate. Henry Kissinger was not known as a highly paid
consultant for companies and governments but as the distinguished
former Secretary of State.
Some of the lobbyists clearly believed in what they were doing.
Wisconsin Senator Gaylord Nelson, a champion of environmental
causes, became the head of the Wilderness Society after he was
defeated for reelection in I980. But many others were simply working
for the highest bidder. Former Congressman James Corman, a leading
liberal Democrat who was defeated in I980, went to work for a
Washington law firm where he lobbied for Nissan and Texas Air,
but not for the causes or institutions he supported as a Congressman.
Corman explained, "People don't hire lawyers to work on the
things I worked on when I was in Congress. When you're in public
office you have the privilege of representing the public interest.
When you work for a law firm, you represent your client."
In fact, companies preferred to hire officials who had regulated
or negotiated against them or former politicians like Corman who
had opposed them. Former opponents not only had a better chance
of convincing their former colleagues, but their opinion, appearing
to represent a conversion, carried more weight and attracted more
attention.
These officials did not become lobbyists because of the conservative
counteroffensive but because of the sheer growth of K Street and
of the demand for effective lobbyists and consultants. Former
officials could easily earn over a million dollars a year on K
Street-more than ten times what they had made as public officials.
This kind of temptation had not existed in the I9305 when Harvard
Law graduates flocked to Washington to take jobs in government.
The law firms themselves changed in character. Firms that
had formerly prided themselves on their detachment from pecuniary
concerns became "profit centers" that measured the success
of their partners and associates by their "billable hours."
"By the I980s," Harvard Law professor Mary Ann Glendon
writes, "the billable hour had evolved from a sensible tool
of office management to a frenetic way of life." And the
men and women who joined these firms also changed. Once the heirs
of the American tradition of public service, they became businessmen
and -women. The new business culture of the law firm, Stanford
Law professor Robert Gordon writes, worked to discourage the development
of any values beside making money for the collective. The pressures
to seek and take on new clients and to pile up billable hours
wipe out most of the time and energy that lawyers might otherwise
have for outside activities. Firms treat the partner engaged in
politics and the associates who want to do pro bono work as parasites,
free riders on the income-producing efforts of others.
The move from the White House and Capitol Hill to K Street
had begun in the last years of the New Deal. One of the first
officials to become a lobbyist was Thomas "the Cork"
Corcoran, who was a student of Frankfurter at Harvard and had
helped write the Securities and Exchange Act and the Public Utility
Company Holding Act. From I936 to I939 he served as Roosevelt's
closest advisor until he was supplanted by Harry Hopkins. When
Roosevelt did not appoint him solicitor general in I940, Corcoran
quit and set up a law practice. He turned his back on the New
Deal and on the ideal of disinterested law. He became known as
a "fixer" for his ability to solve problems for his
corporate clients. He did little actual law; most of his work
was done through phone calls to contacts in the White House, the
cabinet, and Capitol Hill.
Other important officials followed a similar path, including
former Undersecretary of the Interior Abe Fortas, former Truman
aide Clark Clifford, and Eisenhower aide Bryce Harlow. But the
trickle of recruits in the I9505 and I9605 became a raging torrent
in the I970s. During the Carter administration, the practice of
parlaying government service into a lucrative lobbying career
became known as "doing good to do well." Former chairmen
of the Federal Communications Commission went to work for television
networks. Former Securities and Exchange officials represented
Wall Street companies under investigation by the SEC. A host of
former U.S. trade officials became lobbyists for Japanese companies.
Some of these former public officials refused to be described
as lobbyists. Former State Department official Stanton Anderson,
a lobbyist for numerous Japanese companies, insisted that he was
a "trade-policy specialist," not a lobbyist. Former
Nixon administration counsel Leonard Garment, who represented
Toshiba, said, "I am not really a lobbyist, I am a trial
lawyer." Former U.S. trade representative Robert Strauss,
who advised Japanese companies, explained, "I don't lobby.
I want to be helpful, but I don't know a fucking thing about it."
Of these, only Strauss had a point, but not a very good one. According
to the legal definition of lobbying, which lobbyists themselves
helped to write, a lawyer did not lobby unless he or she actually
buttonholed a Congressmember on behalf of a client. Strauss, Clark
Clifford, and the other "superlawyers" usually didn't
do this work themselves. They attracted the client to their firm,
gave the company advice, spoke and wrote on the relevant issues,
but then let junior members of the firm do the actual lobbying.
Meanwhile, the Congressmembers or White House officials knew that
the message was ultimately coming from them.
These lawyer lobbyists bore the same relationship to the older
elite of Theodore Roosevelt, Stimson, Brandeis, and Frankfurter
that policy groups like Heritage and the American Council for
Capital Formation bore to Brookings and the CED. Just as the American
Council for Capital Formation aspired to be seen as a CED, Strauss
wanted to be seen as a Stimson. In the short run, this strategy
of deception worked, but in the long run, it proved to be self-defeating
and corrosive.
By becoming business lobbyists, the former officials deprived
the country of responsible mediating voices. By making it appear
that even the most distinguished Americans could be bought, they
contributed to public cynicism about all political opinion, including
that of elites. Like the social scientists who lent their name
to supply-side economics or to outlandish estimates of regulatory
harm, they undermined the tradition of dispassionate expertise
on which twentieth-century American democracy had relied.
The Kissinger Precedent
The single act that contributed most to public cynicism about
elite opinion was former Secretary of State Henry Kissinger's
establishment of Kissinger Associates, his own global consulting
firm, in 1982. Before joining the Nixon administration in 1969,
Kissinger had been a professor of government at Harvard and was
also on retainer to Nelson Rockefeller. But by the time he left
office in 1976, he was one of the most famous and respected men
in the world. His opinion on any subject from Somalia to soccer
carried great weight with government officials around the world
and with the general public.
Kissinger could have followed the course of two other famous
public officials, George Kennan and Paul Nitze. After serving
in the State Department in the Truman administration, Kennan accepted
an appointment at Princeton's Institute for Advanced Study, where
for the next four decades he had enormous impact on American foreign
policy through his books, articles, and public statements. Nitze,
after resigning from the Nixon administration in 1973, established
the Committee on the Present Danger, through which he almost single-handedly
transformed U.S.-Soviet relations during the 1970s. But Kissinger
chose instead to cash in on his own fame and reputation by setting
up the world's most prestigious consulting service.
He himself tried to keep the entire operation secret. The
Park Avenue office wasn't even listed in the building's directory.
But on the basis of financial forms filed by his clients and disclosure
statements from former employees who joined the government, journalists
were able to construct a rough picture of what went on. Kissinger
initially charged American and foreign banks and businesses $200,000
a year to provide advice and consultation. He charged them up
to $150,000 a month for helping with concrete problems. These
were huge sums in the early 1980s.
Kissinger denied that he used the reputation and contacts
he had acquired as Secretary of State to open doors for his clients,
but it appears that he did so frequently. In Asia, and particularly
China, any businessman who wanted to see a government official
needed an intermediary or door-opener like Kissinger. Explained
Roger Sullivan, the former president of the National Council for
U.S.-China Trade, "The Chinese have all the traditional views
toward business. It's crass, lower-class. Higher level officials
don't like businessmen that much. You have to have someone else
with you if you want to see them." Kissinger opened doors
for American Express, American International Group, GTE, H. J.
Heinz, ITT, and other companies that employed him. He was equally
influential in Singapore, Malaysia, and Indonesia. And he could
command audiences in Mexico, where many of his clients had interests,
and in the Persian Gulf.
The architect of Nixon's China opening also maintained political
ties to the Chinese government. In I987, China's ambassador asked
Kissinger to set up what he called a "lobby" to create
U.S. support for China. Kissinger created the American-China Society,
which he ran out of Kissinger Associates and which held luncheons
and dinners at which visiting Chinese officials met with American
businessmen and opinion makers. Kissinger denied that it was a
lobby, and legally it was not. But it was a perfect example of
what political scientists call "grassroots lobbying."
It didn't affect legislation or governmental action directly,
but it tried to change the political environment in which decisions
about U.S.-Chinese relations were made.
While he was running Kissinger Associates, setting up the
American-China Society, and serving as a partner in an investment
scheme in China called China Ventures, Kissinger continued to
comment on world affairs. He was on retainer from ABC and also
had a column that was syndicated by the Los Angeles Times. Much
of what he wrote pertained directly to his business and his clients.
He promoted U.S. government help for countries that couldn't pay
their debts to American banks, some of which were his clients.
He defended authoritarian rulers in Asia from whom he was receiving
favors. Yet even though he had a very direct and immediate financial
stake in what he wrote, Kissinger was merely identified as a former
Secretary of State. Neither ABC nor the Los Angeles Times cited
his interests as the head of Kissinger Associates. Instead, he
spoke and wrote as a high-ranking member of the foreign policy
establishment. That gave his opinions added cachet and credibility,
and in turn enhanced his ability to attract clients and open doors.
Like Corcoran, Kissinger set an example that other members
of the foreign policy elite followed. He himself hired former
Undersecretary of State Lawrence Eagleburger and former national
security advisor Brent Scowcroft. He inspired Alexander Haig,
after he was forced to resign as Reagan's Secretary of State in
July I982, to set up his own version of Kissinger Associates,
called Worldwide Associates. By the I9905, one prominent former
official after another was setting up a "Group" or an
"Associates" in his or her own name. On K Street, such
practices were seen as an effective way to make money. But they
thoroughly compromised the ideal of the disinterested public servant.
They confirmed the public's perception that everyone was for sale.
Paradox
of American Democracy
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