Opinion

Possible good news out of the bad news of going over the fiscal cliff

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Lanny Davis
Former Special Counsel to President Clinton
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      Lanny Davis

      Lanny J. Davis counsels individuals, corporations and government contractors, and those under congressional scrutiny, on crisis management and legal issues by developing legal, media and legislative strategies that are designed to best produce a successful result for the client. He has experience in securities fraud and SEC investigations as well, and has found that utilizing such an integrated legal/media/lobbying approach can lead to quicker and less expensive settlements or even successfully litigated outcomes. Senior officials of public companies have also hired Lanny and his crisis group to defend themselves successfully against "short and distort" attacks and other market manipulations. For 25 years prior to 1996, before his tenure as special counsel to President Clinton, Lanny was a commercial, antitrust, government contracts and False Claims Act litigator (both in defense as well as plaintiff). He has argued numerous appellate cases in the U.S. courts of appeals.

      In June 2005, President Bush appointed Lanny to serve on the five-member Privacy and Civil Liberties Oversight Board, created by the U.S. Congress as part of the 2005 Intelligence Reform Act. In that capacity, he received the highest level security clearances so that he could be fully briefed and "read in" to the various anti-terrorist surveillance and financial tracking programs at the highest classified level. From 1996 to 1998, Lanny served as special counsel to the president in the White House and was a spokesperson for the president and the White House on matters concerning campaign finance investigations and other legal issues. Lanny has participated in national, state and local politics for almost 30 years. He has served three terms (1980 to 1992) on the Democratic National Committee representing the state of Maryland, and during that period he served on the DNC Executive Committee and as chairman of the Eastern Region Caucus. In Montgomery County, Maryland, he served as chairman of the Washington Suburban Transit Commission.

      Lanny has authored several books and lectured throughout the United States and Europe on various political issues. Between 1990 and 1996, Lanny was a bimonthly commentator on Maryland politics for WAMU-88.5/FM, a Washington, D.C. local affiliate of National Public Radio. He has been a regular television commentator and has been a political and legal analyst for MSNBC, CNN, Fox Cable, CNBC and network TV news programs. He has published numerous op-ed/analysis pieces in the New York Times, the Wall Street Journal, he Washington Post and other national publications.

      Lanny graduated from Yale Law School, where he won the prestigious Thurman Arnold Moot Court prize and served on the Yale Law Journal. A graduate of Yale University, Lanny served as chairman of the Yale Daily News.

      Lanny is admitted to practice in the District of Columbia and Connecticut and before the Supreme Court of the United States and the U.S. Court of Appeals for the District of Columbia Circuit.

The Democrats and President Obama are actually in the best position to take advantage and leave most of the blame for the fiscal-cliff nightmare on Republicans. President Obama’s willingness to accept the Bush tax cuts for 98 percent of Americans and raise taxes on the other 2 percent has substantial support in the country. Obama and Democrats, therefore, are well-positioned to stand up to the party’s purist base and endorse the Simpson-Bowles across-the-board approach: cost savings and reform of Social Security and Medicare. If Obama does that, then he and the Democrats will have truly cemented a sustainable new left-center political majority for years to come.

But if neither party steps forward in this way and both parties take us over the cliff on Jan. 1, 2013, then look out! We may see the true beginning of a viable national third-party movement — well beyond what Teddy Roosevelt won in 1912 and Ross Perot achieved in 1992.

Stay tuned.

Lanny Davis, the principal in the Washington law firm of Lanny J. Davis & Associates, which specializes in legal crisis management, served as President Clinton’s special counsel (1996-98) and as a member of President George W. Bush’s Privacy and Civil Liberties Oversight Board (2006-07). He currently serves as special counsel to Dilworth Paxson and is a partner with former Republican National Committee Chairman Michael Steele in Purple Nation Solutions, a public affairs-strategic communications company. He is the author of the forthcoming book Crisis Tales – Five Rules for Handling Scandal in Business, Politics and Life, to be published by Simon & Schuster. He can be followed on Twitter @LannyDavis.