Tobacco Lobbyists

been a pro-tobacco lobbyist and last year the tobacco L. Andrew Zausner: A partner at Dicks By BILL MCALLISTER industry turned to Barbour, Griffith & Rogers to help Morin & Oshinsky, the former Carter adminis. Washington Post Staff Writer lobby Republicans on Capitol Hill. Barbour says he Energy Department official lobbies on behalf enthusiastically supported the idea of a comprehensive Lorillard Tobacco Co., one of the major U.S. cigarette It has been one of the costliest and biggest lobbying tobacco settlement and now is just as enthusiastically makers, and the Cigar and Pipe Tobacco Council. wars Washington has seen in recent decades. The fees helping the industry block "passage of something bad." "I don't think there ever has been anything at this the tobacco industry alone paid to lobbyists last year Not surprisingly, Barbour blames President Clinton for level of intensity that has lasted this long," the 49-year- totaled more than $19 million-and are certain to be the current situation: "The fact is there cannot be a old attorney says of the tobacco lobbying effort. A climbing this year. comprehensive resolution of tobacco unless it is led by Democrat, Zausner says he works both Democrats and Every segment of the tobacco industry, from ware- the president of the United States. Thus far, the presi- Republicans on the issue. on housemen to cigar makers and vending machine oper- dent has not chosen to do that." When the tobacco companies reversed course and ators, wants to be heard on the legislation before the Barbour says every member of his firm-partners decided to oppose any legislation, Zausner says he was Senate. This is bet-the-company time. Lanny Griffith and Ed Rogers as well as the firm's four not surprised. The agreement that was struck with the The number of players? One Democratic lobbyist other lobbyists-has been involved in the effort. state attorneys general had threatened to deplete their puts it this way: "If you get a baseball stadium, you can Howard S. Liebengood: The vice president of gov- resources. "Really, the companies could not live with a get all the people in." Others agree, saying it's easier to ernment affairs for Philip Morris Management Corp. is giving a lot more," he said. say who is not playing in this game than who is. a Tennessee lawyer with strong ties to both former William C. Oldaker: The former general counsel of the Virtually every major law firm in the city with a lob- Senate majority leader Howard H. Federal Election Commission is one of the old-line bying practice has a stake in the-outcome. The fees Baker Jr. (R-Tenn.) and Sen. Fred Democratic lobbyists and has weighed in on behalf of that five tobacco companies paid to Verner, Liipfert, Thompson (R-Tenn.). Baker named Philip Morris. A partner in Oldaker, Ryan, Phillips & Bernhard, McPherson & Hand-some of which got him the Senate's sergeant at arms dur- Utrecht, his principal role has been to offer strategy to passed along to other consultants-alone accounted ing the early 1980s and Thompson the tobacco companies on how to deal with for nearly half the total. But there is enough action picked the 1967 graduate of Democrats, principally Senate Democrats. here for almost every firm from Covington & Burling, Vanderbilt University law school as Oldaker typically views legislation as "a moving tar- which has long represented the Tobacco Institute, the his assistant minority counsel on the get" and tries to tell his clients where that legislation is industry trade group, to Hogan & Hartson, which rep- Senate Watergate investigation. headed and how to take advantage of any momentum resents the American Cancer Society. LIEBENGOOD In 1984, Liebengood set up Gold it may have. But this time, Oldaker is known to believe Not all the lobbyists, strategic advisers and consul- and Liebengood, a lobby shop, with that the tobacco measure may be headed for the rocks, tants in this struggle are that well paid-or that well Martin Gold, another former Baker aide. Liebengood partly because he thinks the tobacco lobby has suc- known to the general public. There are many who have left the firm in 1995 after it had been sold to Burson- cessfully painted the Senate bill as a tax measure. some piece of the action, though, making their mark Marsteller, a New York-based public relations firm, but 1. Phil Carlton: A former North Carolina state by outright lobbying, telling clients how to approach he told Legal Times that he planned to take two clients supreme court judge and son to a tobacco warehouse lawmakers, and providing legal advice. with him-one was Philip Morris. operator, Carlton was named by North Carolina Gov. Here are some of the major players in the fight to kill Liebengood, who once was executive vice president Jim Hunt (D) to represent tobacco interests in the set- or pass comprehensive tobacco legislation, or at least at the Tobacco Institute, declined to be interviewed. tlement talks. His tactic has been to shape it: But others said he and David P. Nicoli, vice president of voice the industry line against the federal government affairs-tobacco for Philip Morris McCain bill: it's "big government, big FOR THE TOBACCO INDUSTRY Management Corp., have emerged as key players for taxes and pro-crime." He also has Heavy H'tters H'gh-Stakes Tobacco Charles Black: One of Washington's premier the industry side, partly reflecting Philip Morris's dom- raised the specter of economic Republican lobbyists and a GOP activist, the chief inance over the industry. ter if the McCain bill is enacted and It may also reflect Liebengood's style. "Howard's got rallied tobacco farmers and others executive of Black, Kelly, Scruggs & Healey lobby shop, has represented a way with people, people who know him, like him," behind the companies. Carlton, is Philip Morris Cos. for years. Black's Thompson told Legal Times in 1987. "In addition to described as a chum of White House primary target in the current strug- his legal background, he's a man of substance and CARLTON chief of staff Erskine B. Bowles, a fel- detail man." low Tar Heel. gle: The GOP members of the Senate Commerce Committee. Black's part- Tommy J. Payne: Vice president for federal govern- Brennan Dawson: Formerly known as "the cigarette ner, John F. Scruggs, a former lobbyist ment affairs at R.J. Reynolds Tobacco, Payne is a for- woman" when she was a spokeswoman for the indus- in the Reagan White House, worked mer aide to the late Rep. Walter Jones (D-N.C.), who try's main lobbying arm, the Tobacco Institute, for the Senate Judiciary Committee. was a senior member of House Agriculture's tobacco Dawson joined Brown & Williamson as vice president Mark Disler, former chief counsel at subcommittee. Payne, who also runs RJR's political for government relations and opened the Louisville, BLACK Senate Judiciary, also toiled for Philip action committee, recently took over from former Ky., tobacco company's Washington office 18 months Morris, the biggest U.S. tobacco company. Reagan White House communications director ago. Then came the settlement and tobacco legislation, George J. Mitchell: The former Senate majority Thomas C. Griscom, who moved to another lobbying thrusting Dawson into a key role, but she nonetheless leader is special counsel at Verner, Liipfert, Bernhard, job. As a result Payne was thrust into a major role as has had a less public presence than her previous job. McPherson & Hand, which registered to lobby for all A former worker at the old Department of Health, the major U.S. tobacco companies and pulled in $10.2 the tobacco settlement went before Congress. Education and Welfare, which crossed swords with the million in lobbying fees. Although his Verner, Liipfert Howard H. Baker Jr.: Some were stunned last fall industry, her main mission now is to ensure that colleague-and also former Senate majority leader- when the former Senator and White House chief of B&W's view are heard both within the industry and on Robert J. Dole (R-Kan.) has attracted much of the staff signed up for big tobacco. Baker's first wife, Joy, Capitol Hill. media attention over the firm's involvement in tobacco who smoked, died of lung cancer in "This notion that the industry is monolithic is lobbying, Mitchell was the major player in the settle- 1993. But Baker, the ranking wrong," she said. "We all have very, very different com- ment talks. Mitchell (D-Maine), the U.S. negotiator in Republican on the special Senate petitive positions in the market place." the Irish peace talks, opened an April 3 meeting of the Watergate panel, had represented What is going to happen? Said Dawson: "We're key parties on both sides of the tobacco issue at a tobacco before and this time the dif- going to have a very long summer." Crystal City hotel. Mitchell's comments at the negoti- ference is only that his law firm, ating session would have befitted an international Baker, Donelson, Berman & peace conference, some said. Caldwell, represents the five major Jane Hickie: Perhaps the least publicly known mem- American tobacco makers. ber of the firm's tobacco team, she has been described BAKER Carter Eskew: Regarded by many as by some as the firm's key player on tobacco. "She's the a member of Vice President Gore's staff player," said one industry adviser. Hickie was inner circle and a partner in the Bozell chief of staff to former Texas governor Ann Richards Sawyer Miller Group, Eskew has played a key role in (D), Former Texas agriculture commissioner Jim developing those television ads condemning legisla- Hightower says Hickie has "got an absolutely delight- tion that would impose a settlement on the industry. A ful personality. She's a good of girl. It's impossible not longtime Democratic political consultant, Eskew left to like her. And lobbyists are not my favorite crea- politics for corporate affairs years ago. Eskew added, "I tures." have not advised Al in any real way since 1992." Eskew Richards, who is not a lawyer, is also at Verner, is the author of a celebrated memo in which he out- Liipfert and on the tobacco team., Other Verner, lined how the industry should counter with a multi- Liipfert lobbyists include founding partner Harry C. million-dollar campaign if the settlement talks col- McPherson, a special counsel to President Lyndon B. lapsed. They did and the 43-year-old native Johnson; and partner Berl Bernhard, who served in the Washingtonian's strategy has been critical in the indus- State Department during the Johnson administration. try's efforts to portray itself as willing "to change the Haley Barbour: The former chairman of the way it does business." Republican National Committee, Barbour has long The Washington Post THURSDAY, JUNE 4, 1998