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Trump’s Pick for Interior Dept. Continued Lobbying After Officially Vowing to Stop, New Files Show Trump’s Pick for Interior Dept. Continued Lobbying After Officially Vowing to Stop, New Files Show
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WASHINGTON — A previously undisclosed invoice indicates that David Bernhardt, President Trump’s choice to lead the Interior Department, continued to lobby for a major client several months after he filed official papers saying that he had ended his lobbying activities.WASHINGTON — A previously undisclosed invoice indicates that David Bernhardt, President Trump’s choice to lead the Interior Department, continued to lobby for a major client several months after he filed official papers saying that he had ended his lobbying activities.
The bill for Mr. Bernhardt’s services, dated March 2017 and labeled “Federal Lobbying,” shows, along with other newly disclosed documents, Mr. Bernhardt working closely with the Westlands Water District as late as April 2017, the month Mr. Trump nominated him to his current job, deputy interior secretary. In November 2016, Mr. Bernhardt had filed legal notice with the federal government formally ending his status as lobbyist. The bill for Mr. Bernhardt’s services, dated March 2017 and labeled “Federal Lobbying,” shows, along with other newly disclosed documents, Mr. Bernhardt working closely with the Westlands Water District as late as April 2017, the month Mr. Trump nominated him to his current job, deputy interior secretary. In November 2016, Mr. Bernhardt had filed legal notice with the federal government formally ending his status as a lobbyist.
Westlands, a powerful California agribusiness group, was one of Mr. Bernhardt’s main lobbying and legal clients between 2011 and 2016. During that time, Westlands paid Mr. Bernhardt’s firm $1.3 million for lobbying services.Westlands, a powerful California agribusiness group, was one of Mr. Bernhardt’s main lobbying and legal clients between 2011 and 2016. During that time, Westlands paid Mr. Bernhardt’s firm $1.3 million for lobbying services.
A New York Times investigation this year revealed how Mr. Bernhardt made it a priority at the Interior Department to promote policies long sought by Westlands, including a weakening of Endangered Species Act protections for a rare fish. Those changes would have led to the release of vast amounts of water from the delicate ecosystem of the San Francisco Bay Delta for irrigation of commercial farmland.A New York Times investigation this year revealed how Mr. Bernhardt made it a priority at the Interior Department to promote policies long sought by Westlands, including a weakening of Endangered Species Act protections for a rare fish. Those changes would have led to the release of vast amounts of water from the delicate ecosystem of the San Francisco Bay Delta for irrigation of commercial farmland.
A spokeswoman for Mr. Bernhardt, Faith Vander Voort, said in an email that the invoice had been labeled incorrectly and that the documents did not describe lobbying activity.A spokeswoman for Mr. Bernhardt, Faith Vander Voort, said in an email that the invoice had been labeled incorrectly and that the documents did not describe lobbying activity.
“David Bernhardt did not engage in regulated lobbying activities for Westlands Water District from the date he de-registered forward,” she wrote. “Mr. Bernhardt engaged in various legal services that supported the senior employees and Directors of the Board of Westlands Water District, who are public officials, operating in their official capacity. These efforts do not constitute regulated lobbying activity.”“David Bernhardt did not engage in regulated lobbying activities for Westlands Water District from the date he de-registered forward,” she wrote. “Mr. Bernhardt engaged in various legal services that supported the senior employees and Directors of the Board of Westlands Water District, who are public officials, operating in their official capacity. These efforts do not constitute regulated lobbying activity.”
Lara Day, a spokeswoman for Mr. Bernhardt’s former firm, Brownstein Hyatt Farber Schreck, which is based in Denver, did not respond to voice mail messages or emails requesting comment. Westlands Water District did not respond to a request for comment.Lara Day, a spokeswoman for Mr. Bernhardt’s former firm, Brownstein Hyatt Farber Schreck, which is based in Denver, did not respond to voice mail messages or emails requesting comment. Westlands Water District did not respond to a request for comment.
The Senate Energy Committee voted 14-6 on Thursday to send Mr. Bernhardt’s nomination as interior secretary to the full Senate for a confirmation vote.The Senate Energy Committee voted 14-6 on Thursday to send Mr. Bernhardt’s nomination as interior secretary to the full Senate for a confirmation vote.
In committee hearings, Democrats criticized Mr. Bernhardt as beholden to industry while Republicans praised his depth of knowledge. Two Democrats, Senator Joe Manchin of West Virginia and Senator Martin Heinrich of New Mexico, and one independent, Senator Angus King of Maine, voted with Republicans in favor of Mr. Bernhardt’s confirmation.In committee hearings, Democrats criticized Mr. Bernhardt as beholden to industry while Republicans praised his depth of knowledge. Two Democrats, Senator Joe Manchin of West Virginia and Senator Martin Heinrich of New Mexico, and one independent, Senator Angus King of Maine, voted with Republicans in favor of Mr. Bernhardt’s confirmation.
Senator Lisa Murkowski, the Alaska Republican who leads the committee, said of Mr. Bernhardt Thursday morning: “There are accusations about his ethics. I think it’s very clear you’ve got some well-funded groups that are working hard against him.”Senator Lisa Murkowski, the Alaska Republican who leads the committee, said of Mr. Bernhardt Thursday morning: “There are accusations about his ethics. I think it’s very clear you’ve got some well-funded groups that are working hard against him.”
She added: “I am aware of no substantiation of them whatsoever. I would be stunned if they would be substantiated. We have known about this previous work he had at Westlands.”She added: “I am aware of no substantiation of them whatsoever. I would be stunned if they would be substantiated. We have known about this previous work he had at Westlands.”
The documents, including the March 2017 “Federal Lobbying” invoice sent to Westlands by Mr. Bernhardt’s former firm, were obtained under California open-records law by the office of the California attorney general, Xavier Becerra, and by the environmental advocacy group Pacific Advocates. They were reviewed by The New York Times.The documents, including the March 2017 “Federal Lobbying” invoice sent to Westlands by Mr. Bernhardt’s former firm, were obtained under California open-records law by the office of the California attorney general, Xavier Becerra, and by the environmental advocacy group Pacific Advocates. They were reviewed by The New York Times.
The invoice itemizes the costs of services described as “Westlands Trip,” taken by Mr. Bernhardt in late January and early February 2017 from Washington through Denver, Sacramento and Chicago before heading back to Washington.The invoice itemizes the costs of services described as “Westlands Trip,” taken by Mr. Bernhardt in late January and early February 2017 from Washington through Denver, Sacramento and Chicago before heading back to Washington.
It includes a charge of $2,432.68 for Mr. Bernhardt’s travel, as well as a $25,000 charge “for professional services rendered” in February 2017. During the previous year, a period when Mr. Bernhardt was an official registered lobbyist, Westlands paid his firm a $25,000 monthly fee.It includes a charge of $2,432.68 for Mr. Bernhardt’s travel, as well as a $25,000 charge “for professional services rendered” in February 2017. During the previous year, a period when Mr. Bernhardt was an official registered lobbyist, Westlands paid his firm a $25,000 monthly fee.
Lara Day, a spokeswoman for Mr. Bernhardt’s former firm, Brownstein Hyatt Farber Schreck, reiterated that the description of Mr. Bernhardt’s work in February 2017 as “Federal Lobbying” was an error. “I can confirm that David was not doing federal lobbying,” she said.Lara Day, a spokeswoman for Mr. Bernhardt’s former firm, Brownstein Hyatt Farber Schreck, reiterated that the description of Mr. Bernhardt’s work in February 2017 as “Federal Lobbying” was an error. “I can confirm that David was not doing federal lobbying,” she said.
Mr. Bernhardt’s spokeswoman, Ms. Vander Voort, also said the work performed by Mr. Bernhardt in 2017 did not constitute “regulated lobbying.”Mr. Bernhardt’s spokeswoman, Ms. Vander Voort, also said the work performed by Mr. Bernhardt in 2017 did not constitute “regulated lobbying.”
Several experts who reviewed the documents offered a different interpretation. They pointed out that the documents appear to show Mr. Bernhardt meeting with, and communicating with, federal officials to advocate for policy matters on behalf of a paying client, which is the basic work of lobbying.Several experts who reviewed the documents offered a different interpretation. They pointed out that the documents appear to show Mr. Bernhardt meeting with, and communicating with, federal officials to advocate for policy matters on behalf of a paying client, which is the basic work of lobbying.
The action described by the documents “raises ethical questions,” said Virginia Canter, the chief ethics counsel for Citizens for Responsibility and Ethics in Washington, a watchdog group. “He obviously was engaged in some sort of federal lobbying activity on behalf of Westlands even after he de-registered as a lobbyist.”The action described by the documents “raises ethical questions,” said Virginia Canter, the chief ethics counsel for Citizens for Responsibility and Ethics in Washington, a watchdog group. “He obviously was engaged in some sort of federal lobbying activity on behalf of Westlands even after he de-registered as a lobbyist.”
Mr. Bernhardt’s activities, if they constituted lobbying, could violate federal laws requiring lobbyists to disclose their activities, according to four independent authorities on the rules.Mr. Bernhardt’s activities, if they constituted lobbying, could violate federal laws requiring lobbyists to disclose their activities, according to four independent authorities on the rules.
The documents include several emails with Johnny Amaral and Thomas Birmingham, the two officials at Westlands who worked closely on federal lobbying matters with Mr. Bernhardt during the time he was a registered lobbyist.The documents include several emails with Johnny Amaral and Thomas Birmingham, the two officials at Westlands who worked closely on federal lobbying matters with Mr. Bernhardt during the time he was a registered lobbyist.
They include an email dated December 2016 from John Watts, an aide to Senator Dianne Feinstein, a California Democrat who works on the state’s water-policy issues, to Mr. Bernhardt and Mr. Birmingham. The subject line is “Memo: Endangered Species Act consistency of California water language.” It addresses two issues, endangered species and water rights, on which Mr. Bernhard had lobbied for Westlands They include an email dated December 2016 from John Watts, an aide to Senator Dianne Feinstein, a California Democrat who works on the state’s water-policy issues, to Mr. Bernhardt and Mr. Birmingham. The subject line is “Memo: Endangered Species Act consistency of California water language.” It addresses two issues, endangered species and water rights, on which Mr. Bernhard had lobbied for Westlands.
On Jan. 2, 2017, Mr. Bernhardt emailed Mr. Amaral and Mr. Birmingham with “a short draft letter” addressed to Representative David Valadao, Republican of California, “expressing appreciation” for the lawmaker’s successful efforts to include legislative language related to a water infrastructure bill on which Mr. Bernhardt had already officially lobbied, and thanking the representative for his work on another bill related to water policy in the Central Valley. The final letter sent by Westlands to Mr. Valadao contained several passages identical to those drafted by Mr. Bernhardt.On Jan. 2, 2017, Mr. Bernhardt emailed Mr. Amaral and Mr. Birmingham with “a short draft letter” addressed to Representative David Valadao, Republican of California, “expressing appreciation” for the lawmaker’s successful efforts to include legislative language related to a water infrastructure bill on which Mr. Bernhardt had already officially lobbied, and thanking the representative for his work on another bill related to water policy in the Central Valley. The final letter sent by Westlands to Mr. Valadao contained several passages identical to those drafted by Mr. Bernhardt.
On Dec. 8, 2016, the water infrastructure bill passed the House and Mr. Bernhardt emailed Mr. Amaral expressing optimism that the bill would easily win in the Senate as well.On Dec. 8, 2016, the water infrastructure bill passed the House and Mr. Bernhardt emailed Mr. Amaral expressing optimism that the bill would easily win in the Senate as well.
Mr. Amaral responded: “You’re winning all kinds of bets aren’t you? We should be going to Vegas!!!” Mr. Bernhardt replied, “There is no way it will fail in the Senate.”Mr. Amaral responded: “You’re winning all kinds of bets aren’t you? We should be going to Vegas!!!” Mr. Bernhardt replied, “There is no way it will fail in the Senate.”
Over the course of the first half of 2017, Mr. Amaral sent several emails to Mr. Bernhardt and a small group of Westlands officials referring to the group’s weekly “team” telephone calls.Over the course of the first half of 2017, Mr. Amaral sent several emails to Mr. Bernhardt and a small group of Westlands officials referring to the group’s weekly “team” telephone calls.
Another email, dated April 19, 2017, from Mr. Amaral, asked Mr. Bernhardt if he could make it to a “team breakfast” the following Wednesday, April 25. Bernhardt responded, “Yes.” Three days later, Mr. Trump nominated Mr. Bernhardt to be deputy secretary of the Interior Department.Another email, dated April 19, 2017, from Mr. Amaral, asked Mr. Bernhardt if he could make it to a “team breakfast” the following Wednesday, April 25. Bernhardt responded, “Yes.” Three days later, Mr. Trump nominated Mr. Bernhardt to be deputy secretary of the Interior Department.
Mr. Amaral now works for another California water district, the Friant Water Authority. He did not respond to voice mail or text messages sent to his cellphone.Mr. Amaral now works for another California water district, the Friant Water Authority. He did not respond to voice mail or text messages sent to his cellphone.
Ethics experts said the documents shed light on the close relationship Mr. Bernhardt maintained with his former lobbying client.Ethics experts said the documents shed light on the close relationship Mr. Bernhardt maintained with his former lobbying client.
“The fact that he is attending a ‘team breakfast’ with Westlands just days before he’s nominated is a shocking level of connection with this lobbying client at a moment he is about to enter government,” said Delaney Marsco, ethics counsel at the Campaign Legal Center, a nonpartisan watchdog group. “It goes to this deep, intertwined relationship that he had.”“The fact that he is attending a ‘team breakfast’ with Westlands just days before he’s nominated is a shocking level of connection with this lobbying client at a moment he is about to enter government,” said Delaney Marsco, ethics counsel at the Campaign Legal Center, a nonpartisan watchdog group. “It goes to this deep, intertwined relationship that he had.”
Since his appointment to the Interior Department, Mr. Bernhardt has been criticized for using his position to enact some of the policies he pushed for as a lobbyist for Westlands Water District, a state-chartered agribusiness organization representing about 700 almond, cotton and tomato farms in the San Joaquin Valley.Since his appointment to the Interior Department, Mr. Bernhardt has been criticized for using his position to enact some of the policies he pushed for as a lobbyist for Westlands Water District, a state-chartered agribusiness organization representing about 700 almond, cotton and tomato farms in the San Joaquin Valley.
As part of his May 2017 Senate confirmation hearing, Mr. Bernhardt submitted a written statement to senators saying, “I have not engaged in regulated lobbying on behalf of Westlands Water District after November 18th, 2016.”As part of his May 2017 Senate confirmation hearing, Mr. Bernhardt submitted a written statement to senators saying, “I have not engaged in regulated lobbying on behalf of Westlands Water District after November 18th, 2016.”
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