Robert K. Kelner

Robert Kelner is the chair of Covington’s Election and Political Law Practice Group.  His practice includes defense against government investigations, including congressional investigations and white collar criminal matters. 

Mr. Kelner provides political law compliance advice to a wide range of corporate and political clients.  His compliance practice focuses on federal and state campaign finance, lobbying disclosure, pay to play, and government ethics laws, as well as legal ethics rules.  His expertise includes the Foreign Agents Registration Act, Foreign Corrupt Practices Act, and the rules governing political activity by municipal securities dealers.  Mr. Kelner advises Presidential political appointees on the complex process of being vetted for such appointments.  Clients include numerous Fortune 500 corporations, banks and financial institutions, major national trade associations, PACs, political party committees, federal candidates, lobbying firms, politically active individuals, and political appointees.  He is the vice chair of the firm's Professional Responsibility Committee.  He also currently serves as chairman of the District of Columbia Bar Administrative Law Section's Legislative Practice Committee, and as an appointed member of the American Bar Association's Standing Committee on Election Law.

Mr. Kelner regularly advises corporations and corporate executives on instituting political law compliance programs.  He conducts compliance training for senior corporate executives and lobbyists.  He has extensive experience conducting corporate internal investigations concerning campaign finance and lobbying law compliance, as well as accounting and securities fraud.  Mr. Kelner regularly defends clients in investigations by the Federal Election Commission, the U.S. Department of Justice, the U.S. House & Senate Ethics Committees, the House Oversight & Government Reform Committee, the House & Senate Judiciary Committees, the House Energy & Commerce Committee's Subcommittee on Oversight & Investigations, the Senate Finance Committee, the Senate Special Committee on Aging, and other Congressional committees.  He also defends clients in audits and enforcement actions by the GAO and by state election and lobbying enforcement agencies.

Mr. Kelner has appeared as a commentator on election law matters on CNBC and Fox News, and he has been quoted in the New York Times, Washington Post, Wall Street Journal, Legal Times, Washington Times, Roll Call, The Hill, and other publications.

Representative Matters

• Represented the University of California and Los Alamos National Laboratory in long-running Congressional investigations of the world famous nuclear weapons lab. 
• Represented the Republican National Committee in its U.S. Supreme Court challenge to the McCain-Feingold campaign finance reform law, the New Hampshire phone-jamming litigation, and the White House e-mail investigation. 
• Represented Freddie Mac in the FEC’s largest-ever investigation of a corporation.
• Represented former White House communications official in investigation by House Judiciary Committee and the September 11 Commission concerning the White House and EPA response to air quality issues in Manhattan after September 11.
• Represented former NASA communications official in investigation by the House Committee on Oversight & Government Reform concerning alleged Bush Administration interference with global warming scientists.
• Represented National Republican Congressional Committee in House Ethics Committee's investigation of former Rep. Mark Foley.

Previous Experience

• The World Bank, Political Communications Consultant (1994-1995)
• The Sawyer-Miller Group, a crisis communications and international political consulting firm, advising corporate and political clients, Vice President (1993-1994)
• HUD Secretary Jack Kemp, Speechwriter (1990-1992)

Honors and Rankings

• Named by Washingtonian magazine as one of the "Top Lawyers" in Washington for election and political law.

Pro Bono

• Represented DC Jail prisoner in civil litigation against prison guard concerning physical abuse.
• Represented Maryland Charter School in administrative challenge to funding decision.

Memberships and Affiliations

• American Bar Association's Standing Committee on Election Law, Appointed Member
• D.C. Bar Administrative Law Section's Legislative Practice Committee, Chairman
• Federalist Society, Member

Publications

• "Called to Serve: The Presidential Appointment Vetting Process," Covington E-Alert (2/1/2010), Co-Author
• "Citizens United: Supreme Court Opens the Door for Unlimited Corporate Election Spending," Covington E-Alert (1/21/2010), Co-Author
• "New Lobbying Disclosure Act Guidance Issued by Congressional Officials," Covington E-Alert (1/11/2010), Co-Author
• "Political Law Update," Covington Report (12/9/2009), Co-Author
• "The American Way of Regulating Lobbying," The European Lawyer (November/December 2009), Author
• "The America Way of Regulating Lobbying," European Lawyer (November/December 2009)
• "Illinois Legislature Enacts Changes to State Pay-To-Play Statute," Covington E-Alert (11/6/2009), Co-Author
• "New York State Comptroller Issues Interim “Pay To Play” Rules," Covington E-Alert (9/28/2009), Co-Author
• "Political Law Update," Covington Report (9/23/2009), Co-Author
• "Treasury Department Issues New Policy For Communications About TARP Funds," Covington E-Alert (9/15/2009), Co-Author
• "The Supreme Court Hears Oral Argument in Citizens United: How Far Will the Door Open on Corporate Political Spending?," Covington E-Alert (9/9/2009), Co-Author
• "Political Law Update," Covington Report (8/11/2009), Co-Author
• "SEC Publishes Rule Proposal to Curb Investment Adviser “Pay-To-Play” Abuses," Covington E-Alert (8/5/2009), Co-Author
• "New Guidance Regarding Recovery Act Lobbying," Covington E-Alert (8/3/2009), Co-Author
• "Congressional Financial Crisis Inquiry Commission Set to Begin Work," Covington E-Alert (7/28/2009), Co-Author
• "Anticipating a New Federal “Pay-To-Play” Rule For Investment Advisers," Covington E-Alert (7/6/2009), Co-Authir
• "New Massachusetts Ethics and Lobbying Law," Covington E-Alert (7/2/2009), Co-Author
• "Political Law Update," Covington Report (6/11/2009), Co-Author
• "Political Law Update," Covington Report (5/11/2009), Co-Author
• "New Presidential Guidance Restricts Lobbyist Communications Regarding Stimulus Funds," Covington E-Alert (3/24/2009), Co-Author
• "FEC Releases New Form 1 - Amendments Due by March 29, 2009," Covington E-Alert (3/12/2009), Co-Author
• "FEC Finalizes Bundling Disclosure Rules - UPDATE," Covington E-Alert (2/17/2009), Co-Author
• "FEC Finalizes Bundling Disclosure Rules," Covington E-Alert (2/4/2009), Co-Author
• "President Obama Issues Executive Order Imposing New Rules For Political Appointees," Covington E-Alert (1/26/2009), Co-Author
• "The Year Ahead: What Will 2009 Bring in the World of Money and Politics?," Covington E-Alert (1/16/2009), Co-Author
• "Comments Submitted to Federal Election Commission Concerning the Commission's Enforcement Policies and Procedures," (1/5/2009), Author
• "Contributing to the Presidential Inauguration Committee, the Transition, and Gift Rule Restrictions in Post-Election Washington," Covington E-Alert (11/5/2008), Co-Author
• "Financial Services Lobbying Initiatives Invite Scrutiny And Present Unique Legal Risks," Covington E-Alert (9/24/2008), Co-Author
• "The Effect of New Form 990 on Section 527 Political Organizations and Other Tax-exempt Entities," (8/22/2008), Co-Author
• "Revised Guidance for LD-203 Reporting Issued by the Clerk of the House and Secretary of the Senate," Covington E-Alert (7/17/2008), Co-Author
• "Clerk of the House and Secretary of the Senate Finally Go Live with HLOGA Semi-Annual Certification," Covington E-Alert (7/1/2008), Co-Author
• "The Federal Election Commission is Back in Business," Covington E-Alert (6/25/2008), Co-Author
• "Corporations, Including Foreign Corporations and Corporations with Foreign Affiliates," chapter in Political Activity, Lobbying Laws and Gift Rules Guide (3d ed.) (2008), Co-Author
• "New Guidance Issued by Congress Regarding the Lobbying Disclosure Act and Political Party Convention Events," Covington E-Alert (12/12/2007), Author
• "The New Lobbying Minefield," Executive Counsel (September/October 2007), Author
• "When Congress Calls," Legal Times (8/13/2007), Co-Author
• "Congress Passes New Lobbying Reform Legislation," Covington E-Alert (8/6/2007), Author
• "FEC Issues Significant Policy Statements on PAC Internal Controls, Voluntary Disclosures, and Enforcement Hearings," Covington E-Alert (6/7/2007), Author
• "Changes to House Gift Rules," Covington E-Alert (1/8/2007), Co-Author
• "Congressional Oversight and Investigations in the 110th Congress," Covington E-Alert (11/16/2006), Co-Author
• "Summary of Senate Lobbying Reform Legislation," Covington E-Alert (4/17/2006), Co-Author
• "Significant Developments in Lobbying Disclosure Act and FEC Enforcement," Covington E-Alert (8/23/2005), Author
• "Overview of Congressional Gift Rules," Covington E-Alert (5/31/2005), Author
• "McCain-Feingold II: It's Deja Vu All Over Again," Roll Call (2/28/2005), Author
• "Great Cases, Like Hard Cases, Make Bad Law," Election Law Journal (April 2004), Co-Author
• "Campaign Contributions," Legal Times (2/18/2002), Co-Author