Seats of Power: A Return to Skybox Lobbying?

The document concludes with a caveat in small print at the bottom of the page: "The foregoing is provided for informational purposes only. The Washington Redskins cannot provide you with legal advice. Please consult your legal advisor with respect to these rules or their application to your own situation, or call one of the government ethics offices." It then lists the two congressional ethics committees and the U.S. Office of Government Ethics and their phone numbers.

Donovan told The Post that the team had cleared its approach with government ethics officials. After being contacted by The Post, he said, the Redskins again telephoned the Office of Government Ethics and confirmed that a "short visit" was not improper. A spokesman for the office declined to comment, citing its policy to not talk to the press for publication.

Some of the capital's top ethics experts, who regularly counsel lawmakers and corporations, are not convinced that a free pass to a skybox, even if only for a short visit, is acceptable under the new law for congressional officials. "The pass being offered is a benefit by definition, and it comes under the gift rule, whether the stay is long or short," said Robert Bauer, chairman of the political law group of the law firm Perkins Coie. "It may be a larger or smaller gift, but it certainly would seem to be a gift all the same. So I would think hard before accepting the offer."

Kenneth A. Gross, a lobbying law expert at Skadden, Arps, Slate, Meagher & Flom, said the pass cannot be considered free for the purposes of the lobbying law. "It is difficult to say that a suite pass has no value, and it would have to be dealt with under the ethics rules," he said. "I don't know what kind of valuation you can put on it -- maybe the highest ticket price in the arena -- but it's not free."

Top lobbying managers in Washington also said they would steer clear of the free passes. Asked if he would use them to entertain congressional aides, J. Steven Hart, chairman of Williams & Jensen, said, "absolutely not." Joel Jankowsky, who heads the lobbying practice at Akin Gump Strauss Hauer & Feld, said he would be "wary."

The ethics law, enacted last year, stiffened the rules governing gifts to lawmakers and their staffers. Lobbyists and entities that employ lobbyists are generally prohibited from giving anything of value to members of Congress and their aides. Organizations that do not lobby can give to these same people benefits worth less than $50, but no more.

In addition, penalties for violations of the lobbying laws were stiffened. Companies, trade associations and unions must certify under oath twice a year to the government that they have made no improper gifts. Making a false certification would potentially subject violators to both civil and criminal penalties, including up to five years' imprisonment.

The new ethics rules were brought about partly in reaction to abuses by the now-jailed lobbyist Jack Abramoff. Before his downfall in 2004, Abramoff spent about $1 million annually in funds largely provided by his clients to lease four skyboxes -- two at FedEx Field and one each at Oriole Park at Camden Yards and what is now the Verizon Center. He kept them filled with lawmakers, staffers and their guests, part of a multimillion-dollar congressional care-and-feeding project that came under heavy criticism by colleagues and prosecutors. Abramoff pleaded guilty to fraud, tax evasion and conspiracy to bribe public officials in 2006.

FedEx Field, the Redskins' stadium in Maryland, has about 250 skybox suites. The suites, which are enclosed and heated and have excellent views of the playing field, offer many amenities, including televisions, comfortable chairs and private bathrooms, and they often have food and drink delivered. By contrast, parts of the standing-room-only section have an obscured view of the field, although televisions allow patrons to see the game, Swanson said.

Baran said anyone visiting a suite from the standing-room-only section would surely be tempted to stay a while. As for the team's short-stay exception, he added, "Who will oversee this, the Redskins' police?"