Propaganda Efforts by the Obama Administration May Be Criminal

The Obama Administration has some explaining to do. Politico reports in a Friday story that 2011 could be a tough year for an Administration facing numerous oversight hearings on issues ranging from the controversy over the Justice Department’s handling of the New Black Panther Party investigation to the numerous bailouts administered by Obama Administration officials. Specific allegations from Congressman Darrell Issa (R-CA) regarding the use of government sponsored propaganda should raise ethical flags, if not legal ones, for Americans who don’t want tax dollars used to promote the big government ideas of President Barack Obama.

From Politico:

If President Barack Obama needed any more incentive to go all out for Democrats this fall, here it is: Republicans are planning a wave of committee investigations targeting the White House and Democratic allies if they win back the majority.

An investigation of the Obama Administrations use of government sponsored propaganda to promote the left wing agenda of the President is one of the areas planned for investigation. A report from the U.S. House Committee on Oversight and Government Reform released August 16, 2010 indicates that members of the Obama Administration may have broken the law implementing the President’s public relations and propaganda efforts. Congressman Darrell Issa, Ranking Member of the Committee, has been a critic of the Obama Administrations misuse of federal monies and he has put out this staff report, “Analysis of the First Year of the Obama Administration: Pubic Relations and Propaganda Initiatives.”

The Report summarizes:

Since the beginning of the Obama Administration on January 20, 2009, ordinary Americans have financed and been exposed to an unprecedented number of public relations and propaganda efforts. Federal spending for public relations contracts rose to historically-high levels during the Bush Administration. Under one-party rule in 2009, the White House used the machinery of the Obama campaign to tout the President’s agenda through inappropriate and sometimes unlawful public relations and propaganda initiatives. Congress buoyed the Administration’s propaganda efforts by increasing federal spending on public relations for the first time since 2005.

The report indicates that the first year of the Obama Administration was run more like a partisan campaign operation than a non-partisan public servant’s office. The allegations of potential criminal conduct will not be easily brushed aside by the Obama Administration. The serious allegations contained within this report are a preview to a full investigation of these activities in the next Congress.

The Issa Report maps out current law on the use of federal funds to promote and coordinate lobbying efforts by the executive branch of the federal government. It is clear that the Constitution does not allow the Executive branch to engage in propaganda and partisan public relations efforts without authorization from Congress. Article 1, Section 7, clause 7 of the Constitution states “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” Consistent with the Constitution, Congress annually passes appropriations language stating that federal funds can’t be used for publicity or propaganda unless Congress explicitly consents.

The two appropriations riders were as follows in 2001 and continue to be added to appropriations bills today:

No part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself.

No part of any appropriation contained in this or any other Act shall be used for publicity or propaganda purposes within the United States not heretofore authorized by the Congress.

These appropriations riders have been in appropriations reports since 2001. There are also federal statutes that make some propaganda activities by the federal government criminal. The Issa Report cites 18 U.S.C. 1913, as the principal statutory prohibition on lobbying activities by executive branch officials.

It prohibits the use of appropriated funds for activities that directly or indirectly are “intended or designed to influence in any manner a Member of Congress, to favor or oppose … any legislation or appropriation by Congress….” Title 18 prohibits federal employees from using appropriations to pay for any “personal services, advertisement, telegram, telephone, letter, printed or written matter ….”

The Issa Report further cites 5 U.S.C. 3107 and 5 U.S.C. 7321-26 (the “Hatch Act”) as a statutory authority to prohibit the federal government from paying publicity experts and limiting political activity on the part of individuals working in the executive branch:

Federal agencies are further restricted from using appropriated funds for publicity activities by 5 U.S.C. 3107, which makes it illegal to use such funds “to pay a publicity expert unless specifically appropriated for that purpose.”

Additionally, 5 U.S.C. 7321 – 7326 (the “Hatch Act”) limits certain political activities of federal employees both on and off duty. The term “political activity” means doing something in active support of or opposition to a political party, a candidate for partisan political office, or a partisan political group.

The report cites Government Accounting Office (GAO) findings of fault with the Reagan, Clinton, George W. Bush Administrations use of propaganda to promote war efforts and “specific programs favored by the White House.” With regard to recent efforts, the Issa Report states “since January 20, 2009, the White House has orchestrated an unprecedented number of propaganda and lobbying activities to promote the President’s agenda. The Obama Administration’s tactics are innovative ways of accomplishing familiar propaganda objectives. Like the VNRs and sham press conferences favored by recent administrations, the Obama Administration’s propaganda is covert and expensive to taxpayers.”

The Issa Report cites 7 specific instances of “misusing resources of federal agencies to publicize the President’s agenda. One of the allegations is that the National Endowment for the Arts (NEA) organized a conference call that may run afoul of existing law. The Issa Report alleges that “on August 6, 2009, on behalf of the White House Office of Public Engagement, National Endowment for the Arts (NEA) Communications Director Yosi Sergant invited a group of ‘artists, producers, promoters, organizers, influencers, marketers, tastemakers, leaders, or just plain cool people’ to participate in a conference call.” The Issa Report argues that “the use of taxpayer dollars and federal employees to create an alliance whereby the NEW becomes the de facto strategic communications firm of the White House is unlawful.” Using federal funds to government officials and private individuals to work on this project, at a minimum, offends the idea that your tax dollars are being used against your will to promote the President’s agenda. There are further allegations of misconduct by other Obama Administration officials. These are serious allegations that will be studied in 2011 if Congressman Issa is provided the power to complete his investigation of these matters with public hearings and the power to call witnesses.

The elections this Fall will have serious consequences for many in the Obama Administration. Serious allegations have been raised about the activities of many in the Obama Administration about the use of government sponsored propaganda to promote the ideas of the party in power. One cleansing aspect of the elections this Fall will be to bring some balance to Washington, D.C. and provide both parties with some power to keep some of the politicians honest – if that is even possible.