Be truthful - they all, regardless of party, do it.  Some more blatantly than others.  Flat rate per diems are the norm and usually do not require itemizing unless costs exceed the rate.  So you can eat at McDonalds and put excess in your pocket or you can eat lavishly and pay excess out of your pocket.  Regardless, claiming the federal rate when all other state employees are bound by the lesser state rate is wrong.