August 2, 2024 •
News You Can Use Digest – August 2, 2024
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National/Federal
K Street Pivots for a Possible Harris Administration
DNyuz – Kenneth Vogel (New York Times) | Published: 7/26/2024
Vice President Kamala Harris has forsworn direct donations from lobbyists, but they are welcoming her candidacy and Washington’s influence industry has quietly jockeyed to position itself with her team. Officials at some of the biggest law and lobbying firms have endorsed her presidential campaign and are raising money for it, using loopholes to get around the campaign’s policy of not accepting donations from lobbyists. Some lobbying firms have highlighted their connections to Harris, drawing the ire of allies seeking to avoid the perception that she is beholden to special interests.
Judge Throws Out Gateway Pundit’s Bankruptcy Claim
MSN – Sarah Ellison (Washington Post) | Published: 7/25/2024
A federal judge threw out a bankruptcy case filed by the Gateway Pundit, ruling the site, which is known for spreading conspiracy theories, sought bankruptcy protection in “bad faith” to avoid having to pay potential damages in defamation suits related to the site’s reporting on the 2020 election. The ruling means that defamation cases from two Georgia election workers, as well as one from a former Dominion Voting Systems executive, can proceed. The defamation cases had been held up while the bankruptcy case was ongoing.
Biden Endorses Supreme Court Reforms, Amendment to Limit Immunity
MSN – Tyler Pager (Washington Post) | Published: 7/29/2024
President Biden endorsed sweeping changes to the U.S. Supreme Court, calling for 18-year term limits for the justices and a binding, enforceable ethics code for the high court. He is also pushing for a constitutional amendment that would prohibit blanket immunity for presidents, a rebuke of the court after it ruled former President Trump is immune from prosecution for official acts.
Trump Faces Backlash for ‘In Four Years, You Don’t Have to Vote Again’ Remark
MSN – Maegan Vazquez and Sarah Ellison (Washington Post) | Published: 7/27/2024
Democratic lawmakers and Vice President Harris’s campaign joined a chorus of online critics in calling out remarks Donald Trump aimed at a Christian audience, arguing the former president had implied he would end elections in the United States if he won a second term. At the conclusion of his speech, Trump said, “Christians, get out and vote, just this time. You won’t have to do it anymore. … You got to get out and vote. In four years, you don’t have to vote again. We’ll have it fixed so good you’re not going to have to vote.”
Justice Dept. Settles with Ex-FBI Officials Over Leak of Anti-Trump Texts
MSN – Spencer Hsu (Washington Post) | Published: 7/26/2024
The Justice Department agreed to settle claims by former senior FBI special agent Peter Strzok and FBI lawyer Lisa Page, who had filed lawsuits accusing the government of violating their privacy rights by leaking their politically charged text messages criticizing Donald Trump. Strzok will receive a $1.2 million settlement and Page $800,000.
A Parody Ad Shared by Elon Musk Clones Kamala Harris’ Voice, Raising Concerns About AI in Politics
MSN – Ali Swenson (Associated Press) | Published: 7/29/2024
A video that uses an artificial intelligence (AI) voice-cloning tool to mimic the voice of Vice President Kamala Harris saying things she did not say is raising concerns about the power of AI to mislead with Election Day about three months away. The video gained attention after Elon Musk shared it on his social media platform X without noting it was originally released as parody. The video uses many of the same visuals as a real ad that Harris released launching her presidential campaign. But the fake ad swaps out Harris’ voice-over audio with an AI-generated voice that convincingly impersonates Harris.
MSN – Justin Elliott, Robert Faturechi, and Alex Mierjeski (ProPublica) | Published: 7/30/2024
Donald Trump’s media company made its first major purchase: technology to help stream TV on Truth Social from an obscure entity called JedTec LLC. The company has virtually no public footprint and no website, and it is unknown to streaming technology experts. The man behind JedTec is energy magnate James Davison, a major Republican donor. The acquisition will put Trump’s company in a business relationship with someone with numerous interests before the federal government.
More Congressional Staff? Conservatives Are Coming Around to the Idea
MSN – Jim Saska (Roll Call) | Published: 7/30/2024
Thanks to a conservative Supreme Court, Congress may do something it has not done in living memory: dramatically increase the size of the legislative branch. A handful of decisions, most notably one that ended the practice of judges deferring to federal agencies’ interpretations of ambiguous statutes, have set the stage for a tsunami of litigation challenging regulations and administrative rulings in the coming years. One potential response that seems to have consensus is that Congress needs more expertise and capacity, and that means more staff.
Project 2025 to End Policy Work after Democratic Attacks Angered Trump
MSN – Isaac Arnsdorf and Josh Dawsey (Washington Post) | Published: 7/30/2024
The right-wing policy operation that became a rallying cry for Democrats and a nuisance for Republican nominee Donald Trump is trying to escape the public spotlight and repair relations with Trump’s campaign. Project 2025, a collaboration led by the Heritage Foundation among conservative groups to develop a blueprint for the next Republican administration, is winding down its policy operations. The Heritage Foundation also recently distributed new talking points encouraging participants to emphasize that the project does not speak for Trump.
Justice Kagan Calls for a Way to Enforce Supreme Court Ethics Code
MSN – Ann Marimow (Washington Post) | Published: 7/25/2024
Justice Elena Kagan said she would support the creation of a committee of judges to examine potential violations of the Supreme Court’s new ethics code, speaking out on a contentious subject as President Biden and others called for reform at the high court. Kagan suggested Chief Justice John Roberts could appoint an outside panel of respected, experienced judges to review allegations of wrongdoing by the justices, some of whom have faced questions in recent years over unreported gifts of luxury travel, book deals, and potential conflicts-of-interest in key cases.
States Break Out New Tactics to Thwart Abortion Ballot Measures
MSN – Alice Miranda Ollstein (Politico) | Published: 7/31/2024
In nearly every state where the question of abortion rights could be put to a popular vote this November, conservatives are deploying several strategies, from suing to have signatures thrown out in Montana and South Dakota to refusing to count signatures in Arkansas, as they attempt to block ballot initiatives that would restore or expand access to the procedure. The moves underscore the challenging position anti-abortion activists face. They suffered losses in in red and purple states that voted decisively in favor of abortion rights.
Four Years Later, IG Report Says Barr Did Not Order Lafayette Square Cleared
MSN – Perry Stein (Washington Post) | Published: 7/31/2024
An internal Justice Department probe has found that Trump administration Attorney General William Barr did not personally order protesters cleared from the park near the White House during the 2020 racial justice protests, despite the agency’s claim at the time he did. The inspector general report released more than four years after the protests concluded the police response was hampered by miscommunication, poor leadership, and unprepared law enforcement officers.
In an Attempt to Reverse the Supreme Court’s Immunity Decision, Schumer Introduces the No Kings Act
MSN – Mary Clare Jalonick (Associated Press) | Published: 8/1/2024
Senate Majority Leader Chuck Schumer introduced legislation reaffirming that presidents do not have immunity for criminal actions, an attempt to reverse the Supreme Court’s landmark ruling. The No Kings Act would attempt to invalidate the decision by declaring that presidents are not immune from criminal law and clarifying that Congress, not the Supreme Court, determines to whom federal criminal law is applied.
From the States and Municipalities
Canada – Audit Finds Horizon Ottawa Apparently Violated Campaign Finance Rules During 2022 Municipal Election
CTV – William Eltherinton | Published: 7/30/2024
An election compliance audit into spending of third-party advertiser Horizon Ottawa found the organization appears to have violated campaign finance rules during the 2022 Ottawa municipal elections. The audit was called following a complaint accusing the group of benefiting from an event called “Horizonfest” in September 2022.
Arizona – Arizona County Official Who Took on Election Skeptics Loses Primary
MSN – Yvonne Wingett Sanchez (Washington Post) | Published: 7/31/2024
A top Republican election official in Arizona’s most populous county known for his vigorous defense of elections lost his primary election to a state lawmaker who called elections in the county “a laughingstock.” Maricopa County Recorder Stephen Richer, who faced death threats and endless harassment for doing his job, lost his reelection bid to Rep. Justin Heap, an attorney aligned with the state Legislature’s ultraconservative Freedom Caucus. Heap has voted for legislation that grew out of false election theories.
California – Boost in Power for San Diego Ethics Commission Heading to November Ballot
MSN – David Garrick (San Diego Union-Tribune) | Published: 7/30/2024
San Diego voters will get a chance in November to boost the independence and power of the city’s Ethics Commission. The city council voted unanimously to place on the ballot a measure that would bar elected leaders from eliminating the commission and require them to adequately fund it. The measure would also change who appoints the panel’s executive director. Instead of being chosen by elected leaders, the executive director would be selected by members of the commission.
California – Shelter Lease Negotiator’s Dual Roles Raise Questions About Conflicts of Interest
MSN – Jeff McDonald (San Diego Union-Tribune) | Published: 7/28/2024
The architect of the decades-long proposed lease for a massive warehouse that would shelter homeless people is a local business icon who has served on more public and nonprofit boards than he can count. He is also a sitting member of the San Diego Housing Commission, which could lose millions of dollars a year in revenue if the city council approves Mayor Todd Gloria’s proposal for the long-vacant warehouse. Stephen Cushman was quietly hired as a paid consultant to the Gloria administration in June. The two roles Cushman is now performing may present a conflict that has yet to be publicly discussed.
California – Judge Overseeing Sheng Thao Recall Campaign Lawsuit Suddenly Recuses
MSN – Eli Wolfe (Oaklandside) | Published: 7/26/2024
A judge who ruled in favor of the recall campaign targeting Oakland Mayor Sheng Thao recused herself from the case shortly before a key hearing. Alameda County Superior Court Judge Julia Spain’s abrupt decision came two days after she issued a tentative ruling siding with the recall campaign and quashing a subpoena from Oakland’s Public Ethics Commission seeking access to the recall campaign’s records.
California – Will Irvine Tighten Lobbying Rules?
Voice of OC – Angelina Hicks | Published: 7/29/2024
Irvine city officials have been eyeing their lobbying regulation, looking for ways to tighten rules nearly a year after Anaheim’s corruption scandal demonstrated a lack of lobbyist oversight in that city. Irvine’s current lobbying rules are not as strong as some other cities in California, leaving opportunities for loopholes and lacking oversight.
Delaware – Audit Finds Hall-Long’s Campaign Finances ‘Incomplete, Inaccurate, Misleading’
MSN – Amanda Fries (Delaware News Journal) | Published: 7/27/2024
A forensic audit finding Delaware gubernatorial candidate Lt. Gov. Bethany Hall-Long’s campaign finance reporting to be incomplete, inconsistent, inaccurate, and misleading has prompted state attorneys to seek reform to Delaware’s election laws. The state Department of Elections hired Forensic Litigation Consultants’ Jeffrey Lampinski to audit Hall-Long’s campaign finances as concerns mounted over the campaign committee’s handling of the finances.
Florida – Fitting or Chilling? Miami-Dade Ethics Panel Issues First-Ever Fine for ‘Frivolous’ Complaint
Florida Politics – Jesse Scheckner | Published: 7/29/2024
The Miami-Dade Commission on Ethics and Public Trust in July did something it has never done in its nearly three decades of existence. The commission ordered Juan-Carlos Planas, a candidate for supervisor of elections, to pay $5,675 to cover the legal fees of former Miami Beach City Commissioner Michael Góngora. Some say it represents the first step toward stopping people from using the panel to generate negative headlines about political opponents. Others believe it will cast a chilling effect on people who would otherwise file valid complaints in the future.
Florida – Why an Ethics Agency Says DeSantis Didn’t Need to Disclose Donor’s $28K Golf Simulator
Miami Herald – Alexandra Glorioso | Published: 7/31/2024
Gov. Ron DeSantis did not need to disclose that a $28,000 golf simulator installed in the Governor’s Mansion had been provided by a longtime political donor because the equipment was, in fact, a gift to the state, the Florida Commission on Ethics determined. The decision hinged in part on an interview with the donor, Morteza Hosseini, who said he initially intended for the governor to use the equipment but eventually wanted the simulator to be used more broadly by public employees, including the governor’s security detail.
Illinois – Who’s Paying for Chicago’s DNC? Voters Won’t Have the Full Picture till It’s Long Over
WBEZ – Mitchell Armentrout | Published: 7/29/2024
Once subsidized by taxpayers, major-party national conventions are now almost fully funded by wealthy donors, corporations, labor unions, and other influential groups. But who is chipping in to cover the potentially record-breaking bill for Chicago’s Democratic National Convention will not be fully known until two months after the convention ends.
Yahoo News – Alice Yin (Chicago Tribune) | Published: 7/28/2024
Mercury Public Affairs, a New York City-based political strategy firm, has been lobbying Chicago Mayor Brandon Johnson since July 2023 on economic and labor causes. Starting this year, the company’s consulting division also worked for Johnson’s political fund. Wearing both hats, though uncommon, is not a violation of state or city ethics codes. But it is a dynamic that good government watchdogs said raises concerns about the appearance of a conflict-of-interest for a firm seeking to influence the mayor’s office while also working to raise money for him.
Kansas – Why ‘A’ Versus ‘The’ Makes Big Difference in Court for Kansas Campaign Finance Law
MSN – Jason Alatidd (Topeka Capital-Journal) | Published: 8/1/2024
A federal judge issued a temporary restraining order that blocks Kansas from requiring a neighborhood nonprofit to disclose its donors until a trial is held on the constitutionality of the state’s definition of a PAC. Under the order, the Kansas Governmental Ethics Commission cannot require Fresh Vision OP to file as a political committee based on express political advocacy being “a major purpose” instead of “the major purpose” of the organization.
Kentucky – Sources: KY representative under investigation for inappropriate interactions with women
MSN – Alex Acquisto and Austin Horn (Lexington Herald-Leader) | Published: 7/30/2024
State Rep. Daniel Grossberg is under investigation by the Kentucky Legislative Research Commission for inappropriate interactions with women. Three women said they have been asked about specific actions, questionable behavior, and text messages sent by Grossberg. The women shared text messages from Grossberg they described as “weird” or “creepy.” They often came late at night, and Grossberg remarked on their physical looks.
Maine – Maine Gets Tougher on the Spending for Small Town Ballot Measures
Bangor Daily News – Jules Walkup | Published: 7/29/2024
Campaign finance regulators in Maine are starting to investigate violations of a new law passed last year that requires people and groups who pay to influence ballot questions in small towns to disclose their names and addresses. The law was passed in response to the recent efforts of Maine’s largest internet provider, Charter Communications, to use big campaign tactics to quash municipal broadband proposals in communities such as Southport and Readfield.
Michigan – Federal Judges Approve New State Senate Map After Court-Ordered Redraw
Detroit News – Beth LeBlanc | Published: 7/26/2024
A federal appeals court panel signed off on a redrawn Michigan Senate political map that was reworked after judges ruled that six Detroit-area districts were unconstitutional because they were drawn on the basis of race. Members of the redistricting commission celebrated the decision. “I think we have done a good job of giving the citizens of Michigan a fair, nonpartisan map that they can have complete confidence in,” said Commissioner Donna Callaghan.
Missouri – Federal Court Strikes Down Missouri Lobbying Ban for Former Lawmakers as Rights Violation
Yahoo News – Jonathan Shorman (Kansas City Star) | Published: 7/29/2024
A federal appeals court panel struck down a Missouri law that prohibits current lawmakers and employees of the General Assembly from paid lobbying during their time of service and for two years after they leave office. The judges found the ban is too broad and the state failed to clear the high bar required for restrictions of First Amendment rights.
New Jersey – Judge Throws Out Corruption Case Against N.J. Rabbi Before Jurors Begin to Deliberate
MSN – Ted Sherman (NJ Advance Media) | Published: 7/31/2024
In a surprise move that called into question a nearly decade-long pursuit by the New Jersey Attorney General’s Office of Osher Eisemann, charged with pocketing public funds from his private school for children with developmental disabilities, a judge tossed out all charges against the rabbi. The decision followed a long-fought battle that saw Eisemann convicted in 2019 before having that verdict overturned on appeal. During the second trial, his lawyers argued no crime had been committed. One of the state’s detectives testified there had been no crime and that he had “no idea why any of us are here.”
New Mexico – City Ethics Board Member Resigns Following Complaint Over Prohibited Campaign Donation
Santa Fe New Mexican – Carina Julig | Published: 7/29/2024
A member of the Santa Fe Ethics and Campaign Review Board stepped down days after a complaint called for her and other board members to be removed over a campaign donation she made last year. Kristina Martinez, an attorney who has served on the ethics board for years, donated $500 to city council candidate Geno Zamora’s campaign. Board members are prohibited from making donations to municipal candidates.
New York – NY Judge Hands Former NRA Head Wayne LaPierre a 10 Year Ban but Declines to Appoint Monitor
MSN – Jake Offenhartz (Associated Press) | Published: 7/29/2024
A New York judge banned Wayne LaPierre, the former head of the National Rifle Association, from holding a paid position with the organization for a decade but declined to appoint an independent monitor to oversee the gun rights group. The first phase of the trial, decided in February by a jury, found LaPierre and another deputy liable for misspending millions of dollars on lavish trips and other personal expenses.
New York – Prosecutors Say Immunity Ruling Has No Bearing on Trump’s Conviction
Spokane Spokesman-Review – Ben Protess and Jesse McKinley (New York Times) | Published: 7/25/2024
Manhattan prosecutors are urging the judge who oversaw Donald Trump’s criminal hush-money trial to uphold his conviction, seeking to cast doubt on the former president’s long-shot bid to overturn the case because of a recent U.S. Supreme Court ruling. Although the high court’s ruling was a blow to a separate criminal case against Trump in Washington, the Manhattan charges did not hinge on official acts. Instead, the Manhattan prosecutors noted, he was convicted of covering up a sex scandal that had threatened to derail his 2016 campaign, a personal and political crisis that did not involve his conduct as president.
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 7/22/2024
Prosecutors said FirstEnergy “successfully completed” the terms of a deal struck when the company admitted to separate schemes to bribe a top state regulator and the Ohio House speaker. Prosecutors released the utility from some of its obligations under its deferred prosecution agreement. But they are not dropping the charge of honest services wire fraud against the company until the completion of any investigation, criminal prosecution, or civil lawsuit related to the bribery scandal.
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 7/25/2024
Ohio Republicans are considering trying to foil a redistricting reform amendment that recently qualified for the November ballot by putting up a separate redistricting proposal of their own to compete with it, according to a state lawmaker who said she has discussed the plans with legislative leadership. The “Citizens Not Politicians” amendment would replace the Ohio Redistricting Commission, a panel of elected officials that is currently controlled by Republicans, with a citizen’s commission that would be made up of equal parts Republicans, Democrats, and independents.
Oklahoma – Despite Support from AG, Legislators Once Again Barred from Board Executive Session
MSN – Murray Evans (Oklahoman) | Published: 7/31/2024
Sen. Mary Boren is weighing her legal options after the state Board of Education, for a second straight month, denied her entry into an executive session, despite support from Oklahoma’s attorney general. The attorney general’s office has been clear that lawmakers should be allowed to attend at least some executive sessions, pointing to a section of the state’s Open Meetings Act.
Oregon – Portland Withdraws Lobbying Violation Against Shelter Operator Urban Alchemy
Oregon Public Broadcasting – Alex Zielinski | Published: 7/24/2024
City Auditor Simone Rede walked back her recent ruling that a California-based contractor hired by the city to run several outdoor homeless shelters violated Portland’s lobbying rules. Rede announced in May her office found Urban Alchemy failed to report spending nearly $4,000 when it dispatched a team of employees in 2022 to pitch Portland officials on choosing it as an alternative shelter operator for the city.
Pennsylvania – Pennsylvania Presidential Election Results Could Again Take Days to Count
MSN – Colby Itkowitz and Derek Hawkins (Washington Post) | Published: 7/27/2024
When the polls closed on election night in 2020, Donald Trump appeared to be winning Pennsylvania. But over the next several days, as officials counted mail-in ballots, his lead shrunk and then disappeared. By Saturday, Joe Biden was the clear winner of Pennsylvania and with it, the presidency. The delay was caused by a quirk of Pennsylvania’s election law, which forbids the opening of mail-in ballots until seven a.m. on the day of the election.
Tennessee – What Can a City Do When Neo-Nazis Start Marching Down Its Streets?
Yahoo News – Emily Cochrane | Published: 8/1/2024
Neo-Nazi groups descended on Nashville recently, parading along the city’s famed strip of honky-tonks and celebrity-owned bars. The neo-Nazis disrupted a city council meeting, harassed descendants of Holocaust survivors, and yelled racist slurs at Black children performing on a street. The appearance of white nationalists on the streets of a major American city laid bare the growing brazenness of the Patriot Front and the Goyim Defense League. Their provocations enraged and alarmed civic leaders and residents in Nashville, causing the city to grapple with how to confront the groups without violating free speech protections.
Wisconsin – Andre Jacque May Be Using His State Campaign Fund to Help Out with His Congressional Race
Yahoo News – Lawrence Andrea and Daniel Bice (Milwaukee Journal Sentinel) | Published: 7/29/2024
As Andre Jacque struggles to gain fundraising steam in his Wisconsin congressional primary race, he appears to be turning to his old state Senate campaign coffers for help. Campaign finance records show that, beginning in March, Jacque doled out $23,500 from his state Senate campaign account to friends, family, and fellow lawmakers, who then donated that amount and more to his federal congressional campaign.
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