Senate-Pick Kirk 's Insurance, Drug-Industry "Conflicts"
by John Nichols

<http://www.thenation.com/blogs/thebeat/477372/senate_pick_kirk_s_insurance_drug_industry_conflicts>http://www.thenation.com/blogs/thebeat/477372/senate_pick_kirk_s_insurance_drug_industry_conflicts

On Friday, former Democratic National Committee chair Paul Kirk 
cleared what was probably
his last legal hurdle to become the selected-not-elected "temporary 
senator" from Massachusetts.

A Massachusetts judge, rejecting a Republican 
challenge, 
<http://www.npr.org/blogs/thetwo-way/2009/09/kennedy_kirk_senate_seat_judge.html>ruled
 
that the veteran Democratic
operative was legitimately appointed and could hold his seat until a 
special election names a permanent successor to the late Senator 
Edward Kennedy.

The temorary senator's charge is to fill seat during the Senate 
debate over health-care reform.

Kirk, the choice of the Kennedy family for the temporary position, is 
a former aide to the late
senator and an exceptionally loyal Democrat -- who after chairing the 
DNC helped create the Commission on Presidential Debates that has 
effectively frozen out third-party contenders for
two decades.

But he is something 
else: 
<http://www.opensecrets.org/news/2009/09/paul-kirk-massachusetts-interi.html>An 
insurance-conglomerate board member who has worked as a
lobbyist for the pharmaceutical industry.

Kirk sits on the board of Hartford Financial Services, a massive 
insurance combine that identifies itself as a "leader in group 
retiree medical" benefits with "flexibility in designing a plan that
integrates with Medicare."

The Hartford connection has been worth a lot to Kirk who is the 
firm's longest-serving independent director. According 
to <http://www.bostonherald.com/news/politics/view.bg?articleid=1199594>a 
review by the Boston Herald the senator-to-be collected $250,942 in 
salary and stock awards from the firm last year, along with stock 
options that extend to 2014.

Kirk has, as well, padded his bankroll with funds earned as a 
lobbyist for Hoechst Marion Roussel and Aventis, two of the world's 
largest pharmaceutical 
corporations. <http://www.thebostonchannel.com/news/21105903/detail.html>Kirk 
reportedly earned $80,000 from those companies.

Should people be concerned about the fact that a man who has been 
positioned as "the 60th vote" for Democrats seeking health care 
reform is indebted to insurance and pharmaceutical giants?

Yes, says Public Citizen's Craig Holman.

"Obviously, this is a conflict of interest and raises serious 
concerns," argues the ethics-in-government advocate, who adds that 
the appointment of Kirk is "distressing" because "there were many 
qualified people."

Among those passed over by Massachusetts Governor Deval Patrick in 
his rush to appoint Kirk -- after the state legislature changed the 
law to permit the selection -- was former Massachusetts Governor 
Michael Dukakis. The Boston Globe had argued for the choice of the 
1988 Democratic presidential nominee because of his experience and 
his reputation for integrity.

Kirk claims that he has "no conflicts," while at the same time 
suggesting that he will leave the Hartford board when he begins his 
four-month "temporary senator" stint.

But Holman argues: "Clearly that's going to be a temporary 
resignation with a wink and a nod... Everything he learns in the 
Senate he is free to profit from."

Wendell Potter, the former insurance-industry executive who left 
Cigna in order to blow the whistle on the industry's profiteering and 
intensive efforts to influence the health care 
debate, 
<http://www.bostonherald.com/news/politics/view.bg?articleid=1199594>was 
incredulous when he was contacted by Boston political reporters:

"Why in the world would they choose someone who has close ties to the 
insurance industry?" asked Wendell Potter, a former health insurance 
exec-turned-whistleblower. He noted the health insurance industry has 
much to gain in the current reform package, especially if coverage is 
mandated without competition from a government insurance option, as a 
bill now before the Senate finance committee proposes.

"This would represent an enormous new revenue stream for the 
insurance industry," Potter said, adding of Kirk, "On one hand, he 
certainly would be knowledgeable of insurance issues, and on the 
other hand... there are going to be questions about his objectivity."

Appointing senators is always problematic, as the troubles 
experienced earlier this year in Illinois, New York and other states 
so amply illustrated.

But Patrick's decision to appoint a former lobbyist with close ties 
to an industry that could be redefined by decisions made this fall in 
the Senate offers what may well be the best illustration yet of why 
senator's should be chosen by voters in elections -- not by governors 
and political insiders operating in backrooms.
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