Congratulations to Perkins Coie Partner Bob Bauer on his appointment as White House counsel. The Center for Competitive Politics has occasionally clashed with Bauer on campaign finance issues, but he has often been a voice of reason and restraint among those pushing stricter campaign finance regulation. His campaign finance blog, Soft Money Hard Law, was a must-read, providing insightful analysis of campaign finance issues. Bauer, President Obama’s personal and campaign lawyer — as well as DNC general counsel, is expected to start his new position by the end of the year.
The Atlantic‘s Marc Ambinder has this tidbit from a “senior administration official,” a reminder that politics, as much as any other factor, is just as influential in determining how incumbent lawmakers and presidents craft campaign finance regulations:
“Bob’s expertise in election law isn’t just relevant so we can write great briefs in litigation. As we enter 2010, having clear rules of the road on what the White House and its staff can and cannot do to help Democratic candidates will become a critical aspect of the White House Counsel’s job — and there’s no lawyer in America who knows that better than Bob,” a senior administration official said. “Such skill is even more critical as we approach 2012 — and — here’s the wild card — if the Supreme Court does major violence to the campaign finance regulation regime (as most observers expect by June), then deciding how to try to rewrite those laws, or what to do in the wild west regime that will replace current law, will be a critical task. And who better to have on point than Bob Bauer.”
Politico reports on the campaign finance angle in Bauer’s appointment:
Bauer, a partner at the power law firm Perkins Coie, had long been a major player in campaign finance circles, but he transcended that wonky orbit during the presidential race, when he became a character in some key campaign story lines.
He explained Obama’s broken promise to participate in a public finance system by asserting that the lead lawyer for Republican John McCain was unwilling to negotiate the terms of such an arrangement (an account McCain’s lawyer flatly rejected). Bauer also famously ambushed a press conference call held by Democratic rival Hillary Clinton’s campaign to challenge her campaign’s accusations that Obama supporters violated caucus rules.
Though Bauer is an unquestioned Obama insider, his legal track record and stances on the issues haven’t always jibed with Obama’s stances.
Obama has long cast himself as an advocate for reducing the role of special interest cash in politics. But Bauer until a few years ago had been a vocal critic of certain efforts to restrict political spending. In fact, a case he brought in 2005 on behalf of EMILY’s List recently resulted in a sweeping federal court ruling that experts predict could pave the way for a flood of new 527 spending that could target Obama in his 2012 reelection campaign.
In addition, while Obama has pledged to fix the public financing system as president, Bauer in a 2005 blog post suggested such effort could be futile because public “support is needed and not forthcoming.”
UPDATE: Politico has a new story focusing on the political optics of Bauer’s appointment, ending with “reformers” fretting about Bauer’s stance on campaign finance:
Bauer’s policy influence within the Obama orbit further worries advocates of stricter campaign finance rules, who had considered Obama a kindred spirit but have become dissatisfied with his inaction on some of their key issues.
“Bob Bauer has a long track record of opposing campaign finance reform, so that is a concern,” said Craig Holman, a lobbyist for the nonprofit group Public Citizen who has urged Obama to fulfill a campaign promise to support an overhaul of the presidential public financing system.
