10 Tips From Washington's Top Mouthpiece
from January/February 2003
by Skip Kaltenheuser
As intrepid a fisherman as he is a lawyer, Skadden Arps Slate Meagher & Flom partner Robert Bennett has a 5-pound-2-ounce brown trout—which he caught in 1985 on the Missouri River in Montana—mounted on the wall of his Washington, D.C., office. The plaque beneath the fish reads: "If I had kept my mouth shut, I wouldn't be here."
Not bad advice for any of the alleged corporate villains, including folks from Enron and other Bennett clients who’ve been making various Washington appearances. But what if congressional staffers ask to meet with you, possibly as the first step toward your appearing as a witness at a hearing about CEO pay, for instance? Here are some tips from Bennett, whose client roster also includes President Clinton and the National Review Board of the U.S. Conference of Catholic Bishops:
- If congressional staffers want to talk to you, get a lawyer, however harmless-sounding the subject matter. He’ll know what they’re really looking for and, more important, whether he can persuade them to look elsewhere. Your objective: to make them drop you as a potential witness—or at least see you as the guy in the white hat.
- If a congressional committee does ask you to testify, show up. Invitations aren’t feel-good Hallmark cards. Just saying no can earn you subpoenas and ill will.
- Confidentiality. Yeah, right. Whatever documents you provide will go to the press, as could anything you say privately to certain congressional staffers.
- Forget about a fair hearing. The committee members will have already decided whether to praise you (if you have a white hat) or humiliate you (if it’s black).
- Keep your cool. One politician after another will ask the same uninformed questions. It’s a waste of time, but remember: They’re boring everyone else, too.
- Master the sound bite. Live TV coverage may be your best chance to tell your story to the public, and TV loves short, catchy statements. Rehearse them (with your lawyer, maybe).
- Be ready for 24/7 media coverage. The primary purpose of a splashy public hearing is to increase the visibility of committee members. Politicians know the value of sound bites too, and will get a lot of airtime.
- Expect to be embarrassed if you are a designated black-hat wearer. The press will be merciless, particularly if your lawyer lets you appear on live TV.
- Stick to your story. What you say to a congressional committee must be consistent with what you tell the Justice Department, the Securities and Exchange Commission, and other authorities. They all check, and you don’t need to risk adding perjury charges to your problems.
- Take the Fifth. A tough call if you’re the chairman of a major corporation; it means you’ll be history. But this is often the wisest choice if you’re the designated bad guy. It’s amazing how many clients—especially those who think they’ve done nothing wrong—can’t keep their mouths shut, like the brown trout on the wall.
