July 26, 2019 •
News You Can Use Digest – July 26, 2019
National/Federal Appeals Court Judges Send Emoluments Suit Against Trump Back to a Lower Court New York Times – Sharon LaFraniere | Published: 7/19/2019 A federal appeals court delivered a setback to a lawsuit by congressional Democrats accusing President Trump of illegally […]
National/Federal
Appeals Court Judges Send Emoluments Suit Against Trump Back to a Lower Court
New York Times – Sharon LaFraniere | Published: 7/19/2019
A federal appeals court delivered a setback to a lawsuit by congressional Democrats accusing President Trump of illegally benefiting from his business interests while in office, saying a lower court judge hearing the suit had not adequately considered questions about the separation of powers between the president and Congress. The order by a three-judge panel is a new sign that Trump will not be forced to produce evidence in lawsuits claiming he has violated the anticorruption clauses of the Constitution until the novel legal questions raised in those cases are resolved. The clauses restrict the ability of federal official to accept benefits, or “emoluments,” from foreign or state governments.
As Vice President, Biden Said Ukraine Should Increase Gas Production. Then His Son Got a Job with a Ukrainian Gas Company.
San Francisco Chronicle – Michael Kranish and David Stern (Washington Post) | Published: 7/22/2019
As Joe Biden announced he was seeking the presidency, his son Hunter quietly left his position with Ukraine’s largest private gas company after serving for five years. From the moment Hunter Biden took the job in 2014, Republicans have said it presented a conflict-of-interest for the Bidens. Joe Biden, then the vice president, was the point person on Ukraine policy in the Obama administration. He offered U.S. aid to Ukraine to increase gas production, which could benefit the Ukrainian energy industry. Now Hunter Biden’s service on the board of Burisma Holdings has emerged as an issue facing his father’s campaign. Just as Trump has faced repeated questions about whether his family has sought to benefit financially from his presidency, a similar focus is being given to Hunter Biden’s dealings.
Associate of Michael Flynn Is Found Guilty of Secretly Lobbying for Turkey
MSN – Adam Goldman (New York Times) | Published: 7/23/2019
A business associate of the former national security adviser Michael Flynn was convicted of secretly lobbying for Turkey, a victory for the government after the judge considered dismissing the case because prosecutors lacked evidence. Judge Anthony Trenga had described the evidence against Flynn’s associate, Bijan Kian, as speculative and very circumstantial but let the case go to the jury. Trenga could still toss the verdict and scheduled a September hearing on the matter. Kian was charged with conspiracy to violate lobbying laws and failure to register as a foreign agent. Flynn’s association with the case was front and center during the trial. He pleaded guilty in a separate case to lying the FBI about his conversations with the Russian ambassador and lying on foreign lobbying disclosure forms related to his own work for Turkey.
Big Donor Steyer’s Presidential Run Could Deny Millions to Other Democratic Races
Reuters – Sharon Bernstein | Published: 7/18/2019
Billionaire Tom Steyer, a longtime friend and key donor to liberal candidates and causes, says he decided to run for the Democratic presidential nomination next year because no other candidate was offering a “mandate for change.” But by deciding to fund his longshot bid with $100 million of his own money, some Democratic activists believe all he will end up doing is denying his money to grassroots organizations and candidates in Senate and House races that Democrats are desperate to win. “Every dollar he spends on himself is a dollar that’s not going into something that can make a difference,” said consultant Steven Maviglio, who worked with Steyer in 2010 to defeat a ballot measure aimed at weakening California’s greenhouse gas emissions law.
Dem Frontrunners Cash in on Slippery Definition of Lobbying
Politico – Theodoric Meyer | Published: 7/19/2019
While a few Democratic presidential candidates have said they will not accept contributions from K Street lobbyists, the Lobbyist Disclosure Act makes that pledge difficult to enforce. Some on K Street were able to donate because they are not registered to lobby, a legal requirement for people who meet criteria such as devoting at least 20 percent of the total time they spend working for each client to lobbying. People who oversee teams of lobbyists or work on corporate advocacy campaigns often do not meet that definition. Others have found it is easy to stay below the 20 percent threshold since they can quickly text or email the lawmakers they hope to influence.
Democratic Presidential Candidates Divided Over Returning Donations from Foreign Government Lobbyists
San Jose Mercury News – Casey Tolan | Published: 7/25/2019
From K Street lobbyists representing Saudi Arabia and Qatar to a radio operator broadcasting a Russian state-run news channel, Americans working on behalf of foreign governments have sent the Democratic presidential candidates tens of thousands of dollars in campaign contributions. As the donations flow in, there is a growing divide among the campaigns about whether to pocket the money or send it back. American citizens who work for a foreign government, political party, or organization in a political capacity are required to register as “foreign agents” with the Department of Justice. There is nothing illegal about them giving money to candidates. But at a time when many Democrats are increasingly worried about foreign influence in the U.S. political system, rejecting the donations is a way for the candidates to shore up their good government bona fides.
Democrats Look to Capitalize on Turmoil Inside NRA
The Hill – Alex Gangitano | Published: 7/23/2019
Democrats and allies are looking to capitalize on turmoil at the National Rifle Association (NRA) ahead of the 2020 presidential election. The NRA has been hit by high-profile departures and a power struggle among its leaders, leading to questions about its role in the upcoming election. The NRA has long dominated the gun control debate in the country and showered its favored candidates with coveted endorsements and funding. But with the organization in transition, Democrats see it is a prime opportunity to push back on the issue of gun violence. Groups pushing for tougher gun rules say they will ramp up their own spending in 2020, building on the midterms, which saw a number of gun control candidates elected.
Emails Show DeVos Aides Pulled Strings for Failing For-Profit Colleges
New York Times – Erica Green and Stacy Cowley | Published: 7/23/2019
Dream Center Education Holdings had no experience in higher education when it petitioned the U.S. Department of Education to let it take over a troubled chain of for-profit trade schools. The purchase was approved despite Dream Center’s lack of experience and questionable finances by an administration favorable to for-profit education. But barely a year later, the company tumbled into insolvency and dozens of its colleges closed abruptly. The college is accused of enrolling new students and taking their taxpayer-supported financial aid dollars even after some of its campuses had lost their accreditation. Company records show part of why Dream Center kept going is that it thought the Education Department would try to keep it from failing. Emails said the department’s head of higher education policy had pulled strings to help the company’s schools in their effort to regain a seal of approval from an accreditor.
EPA’s Watchdog Is Scrutinizing Ethics Practices of Agency’s Former Air Policy Chief
Anchorage Daily News – Juliet Eilperin (Washington Post) | Published: 7/22/2019
A key architect of the Trump administration’s efforts to weaken federal climate rules is under scrutiny by a watchdog for his dealings with industry players who lobbied the government to ease carbon pollution limits. It is the third inquiry into whether Bill Wehrum, who headed the Environmental Protection Agency’s (EPA) air policy division from November 2017 until last month, violated federal ethics rules. The EPA’s inspector general is looking at Wehrum’s interactions with his former law firm as well as several of its clients, who rank among the nation’s major emitters of greenhouse gases linked to climate change, according to two individuals who spoke on the condition of anonymity due to the sensitivity of the matter.
Internal Email: Microsoft suspends PAC donations temporarily following employee uproar
GeekWire – Nat Levy | Published: 7/24/2019
Microsoft is temporarily halting donations through its PAC after facing a backlash from employees protesting lack of influence over which candidates and campaigns the organization supported. The employees argued MSPAC used their money to support candidates that conflicted with important company values like diversity and inclusion. In addition to shutting down contributions until the fall, MSPAC will form new employee advisory councils to increase transparency and give employees more of a voice in how the PAC contributions are spent.
Mueller Answers Trump Taunts in Testimony Unlikely to Change the Political Dynamic
MSN – Ashley Parker, Racael Bade, Josh Dawsey, and Mike DeBonis (Washington Post) | Published: 7/24/2019
Testifying before Congress, former special counsel Robert Mueller, over the course of six hours, two hearings, and in his own understated – and at times juddering – way, pushed back on the months-long public relations offensive that President Trump and his team waged to undermine Mueller and his investigators. Mueller clarified his investigation and 448-page report did not, in fact, “totally exonerate” the president – contrary to Trump’s repeated claims – nor did it say there was no obstruction. He dismissed Trump’s frequent claims that Russian interference in the 2016 presidential election was a “hoax,” while also rejecting the president’s charge that his investigation was a “witch hunt.” But Mueller’s turn as a reluctant and at times uncomfortable witness seemed unlikely to change the political dynamic.
Puerto Rico Governor Says He Will Resign Amid Intense Political Pressure, Sweeping Protests
MSN – Arelis Hernandez (Washington Post) | Published: 7/24/2019
The governor of Puerto Rico announced he will resign effective August 2, amid intense pressure from inside and outside his government, after a series of leaked chat messages denigrating his opponents and Hurricane Maria victims triggered outrage from frustrated citizens who had taken to the streets for 13 consecutive days of protests. Ricardo Rosselló had defied calls for his resignation as the island descended into upheaval. He lost support from nearly everyone in his ruling statehood party, and more than a dozen members of his administration had stepped down in recent days. Profanity-laced text messages, written on an encrypted messaging app, showed Rosselló and 11 of his closest aides using sexist and homophobic language to demean female politicians, as well as journalists and Puerto Rican singer Ricky Martin, and make light of Hurricane Maria’s victims.
Trump Sues Lawmakers, NY Officials to Thwart Potential Release of State Tax Returns
The Hill – Jacqueline Thomsen and Naomi Jagoda | Published: 7/23/2019
President Trump sued the U.S. House Ways and Means Committee, the New York state attorney general, and a New York state tax official to try to block any potential efforts by lawmakers to obtain his state tax returns. This lawsuit comes on the heels of a separate complaint filed by the Ways and Means Committee seeking Trump’s federal tax returns. Trump is asking a federal judge to issue permanent injunctions blocking House Democrats from requesting his tax returns under the law, stopping the New York attorney general from enforcing the law, and preventing the New York tax and finance commissioner from providing lawmakers with the tax documents.
Watchdog Group Wants D.C. to See What the States Know About Revolving Doors
The Fulcrom – David Hawkins | Published: 7/23/2019
Public Citizen’s national study of the “revolving door” rules in all 50 states finds most are tougher or better enforced than what is on the books at the federal level. The watchdog group is among those hoping to change that, in part by shining new light on the places where it sees ethical governance promoted above special interests’ influence. The limited way that Washington restricts the flow of people from Capitol Hill and the executive agencies down to K Street (and oftentimes back again) is maddening to advocates for a more open and cleaner government and was raised to new national consciousness by Donald Trump and his “drain the swamp” campaign mantra of 2016.
Zinke Taking Clients from Industries He Oversaw at Interior Department
San Francisco Chronicle – Ari Natter and Jennifer Dlouhy (Bloomberg) | Published: 7/23/2019
Former Interior Secretary Ryan Zinke is lining up consulting clients in industries regulated by his former department at the same time he decries the ethics investigations that drove him from the Trump administration. Zinke dismissed the 15 ethics probes of his dealings atop the department as “BS.” He said his work does not run afoul of prohibitions on post-government employment. Under federal law, a waiting period blocks administration officials from lobbying their former agencies in the 12 months after they depart. Zinke’s business dealings illustrate the “revolving door” between government jobs and corporate interests, said Virginia Canter, chief ethics counsel for Citizens for Responsibility and Ethics in Washington.
Canada
Canada – Ontario’s Influencers: How the heads of lobbying firms have become part of Doug Ford’s inner circle
The Globe and Mail – Jim Mahoney and Karen Howlett | Published: 7/22/2019
Ontario Premier Doug Ford relies on the heads of two lobbying firms for advice, giving them access to his inner circle and influence over provincial politics through strategic direction, crisis management, and input on the recent cabinet shuffle. The close relationships have been fostered in an ethics environment that critics say allows a blurring of lines between lobbying, campaigning, and advising on government operations. Chris Froggatt and Kory Teneycke, who started government-relations firms weeks after helping the Progressive Conservative Party win the election last year, have become powerful backroom advisers to Ford at the same time as their employees lobby his administration.
From the States and Municipalities
Arizona – Public Corruption Tough to Prove Without Smoking Gun
Arizona Capitol Times – Ben Chiles | Published: 7/19/2019
A record of investigations by the Arizona attorney general’s office under Mark Brnovich’s tenure reveals that prosecuting public corruption cases are far from simple. While Brnovich has had some success seeking charges or court rulings against elected officials at the highest levels of state government, recent probes show how nuanced filing charges can be, and how decisions about when to prosecute, or not, can hinge on quirks in statute. Without clear cut evidence – for example, videotapes in the 1991 AzScam case of Republican and Democratic lawmakers accepting payments and bribes from undercover investigators – even high-profile cases of corruption can be challenging to prove before a jury.
California – FBI Raids at DWP, L.A. City Hall Related to Fallout from Billing Debacle
Los Angeles Times – Dakota Smith, David Zahniser, Alene Tchekmediyan, and Laura Nelson | Published: 7/22/2019
FBI agents fanned across the Los Angeles area recently, serving search warrants at multiple government offices, including the Department of Water and Power (DWP), as part of an investigation into how the city responded to the disastrous rollout of a new customer billing system. The FBI raid was the second to occur at City Hall in less than a year. In November, agents hauled out boxes and bags of materials from two of Councilperson Jose Huizar’s offices as well as his home. Since then, a search warrant indicated federal investigators are looking into the activities of several other city officials. An excerpt of a federal search warrant shows investigators are seeking information about DWP contracts, awarded or proposed, with companies affiliated with attorney Paul Paradis, who was retained by the city attorney’s office.
Connecticut – Jon Lender: New state ethics director chosen for shrinking watchdog agency
Hartford Courant – Jon Lender | Published: 7/25/2019
Peter Lewandowski was offered the position of executive director of Connecticut’s Office of State Ethics (OSE), replacing Carol Carson, who is retiring on August 1. His appointment is not yet official pending final arrangements, including his new salary. Lewandowski, the deputy general counsel at the ethics agency, will take the helm of an office that has experienced a 33% cut in staff over the past 12 years. Lewandowski worked a few years with private law firms but has spent most of his legal career working for the OSE on projects attracting little public notice. These included overhauling the agency’s regulations and serving as counsel to Carson on legislative matters. He talked often with members of the General Assembly, testified at committee hearings on bills, and sought to develop bipartisan support for the OSE’s positions.
Florida – Former State Fair Authority Director Agrees to Pay $7,500 Fine to Settle Ethics Complaint
Tampa Bay Times – Tony Marrero | Published: 7/25/2019
Charles Pesano resigned as executive director of the Florida State Fair Authority in 2016 after an investigation found he funneled fair business to his family’s company and accepted Tampa Bay Rays tickets and a hot tub from fair vendors and business partners. Three years later, the episode is hitting him in the wallet. Pesano agreed to pay a $7,500 fine to the Florida Commission on Ethics to settle a complaint against him. A review by the commission found probable cause to support six of the 11 alleged violations of state law that prohibit public officials from accepting gifts and conducting business with their own agency. Pesano will also receive a public censure and reprimand if the commission approves the agreement.
Florida – In Fla., a Push for a Citizen-Only Voting Law
Laredo Morning Times – Amy Gardner and Alice Crites (Washington Post) | Published: 7/22/2019
A network of out-of-state political consultants, secret donors, and activists with ties to President Trump is behind an effort to change the Florida Constitution to explicitly state only citizens may vote in elections, a measure that would amplify the issue of immigration in the 2020 battleground state. Organizers said they have collected nearly twice the signatures needed to qualify for the ballot next year. While federal law explicitly bars noncitizen voting, the language in the Florida Constitution, like that of many states, says “every” citizen who is 18 may vote. The proposed amendment would change the language to say “only” a citizen may vote. Supporters of the amendment said the current phrasing is vague and leaves the door open to laws allowing noncitizens to cast ballots in local elections, now permitted in about a dozen jurisdictions around the country.
Florida – Kraft Infiniti TV Commercial Starring John Dailey Pulled from the Air at Mayor’s Request
Tallahassee Democrat – Jeff Burlew | Published: 7/19/2019
A television commercial for a Tallahassee car dealership that was recently yanked from the airwaves featured a most unusual pitchman, Tallahassee Mayor John Dailey. But Dailey says he was an unwitting participant in the ad, which was shot during a June groundbreaking of the Kraft Brothers’ Infiniti dealership. Dailey said as soon as he found out about the commercial, he asked the dealership to take it down. One viewer who happened to catch it called the city’s Independent Ethics Board’s hotline to complain. That prompted a review by the ethics officer, Julie Meadows-Keefe, who never saw the commercial but recommended the matter be closed without action after speaking with Dailey about it.
Illinois – Chicago City Council Approves Mayor Lori Lightfoot’s Ethics Package; An Empowered Inspector General, Larger Fines Among Reforms
Chicago Tribune – John Byrne and Gregory Pratt | Published: 7/24/2019
The Chicago City Council unanimously approved Mayor Lori Lightfoot’s ethics reform package. Lightfoot has argued her overwhelming win in the April mayoral election gives her a mandate to tighten the rules on aldermanic behavior that is the focus of an ongoing federal investigation at City Hall. In addition to giving Inspector General Joseph Ferguson the ability to audit the city council’s committees, the mayor’s plan also increases fines for ethics violations from the current range of $500 to $2,000 up to $1,000 to $5,000. It broadens the definition of lobbyists to include nonprofits but waives their registration fees. Only those “paid or otherwise compensated” would be required to register.
Illinois – Has Your Alderman Been Indicted? New Website Highlights the History of Corruption in City Hall – And Hopes You’ll Hold New Leaders Accountable
Block Club Chicago – Alex Hernandez | Published: 7/25/2019
Before this spring’s election, four Chicago aldermen were out of jail on bond. Currently, there is one sitting alderman that under federal indictment. Now, a new website is making it easier for residents to know if their elected official is in trouble with the law. The website, hasmyaldermanbeenindicted.com, includes information on the aldermen for all 50 of the city’s wards, as well as the history of political corruption in each ward. Thirty Chicago aldermen have pleaded guilty or been convicted of crimes related to their official duties since 1972, according to The Chicago Tribune.
Iowa – Oops! Secretary of State’s Clerical Error Sets Back Iowa Ballot Measures
Governing – Alan Greenblatt | Published: 7/25/2019
Running elections is the highest-profile part of a secretary of state’s job. But in most states, there are myriad other responsibilities, such as handling business licenses, overseeing notaries, and performing a wide variety of disparate clerical functions. This year, a clerical error by the Iowa secretary of state’s office set back adoption of two constitutional amendments by at least two years. The state constitution requires that when an amendment has been passed the first time, voters must be informed at least three months ahead of the election in which they will elect a new Legislature. To make it official, the secretary of state is in charge of publishing notices in newspapers. This time, the publishing requirement fell through the cracks.
Maryland – In Wake of Healthy Holly Scandal, Baltimore City Council Gives Preliminary Approval to Stronger Ethics Law
Baltimore Sun – Ian Duncan | Published: 7/22/2019
The Baltimore City Council voted unanimously to strengthen the city’s financial disclosure laws, the first reform measure to win approval from a package of bills proposed this spring amid the scandal over former Mayor Catherine Pugh’s sales of her self-published children’s books. The ethics bill, which will be up for final approval at the council’s next meeting in August, would require disclosures of board memberships and clarify which city employees must file an annual disclosure of their financial interests. It also would stiffen the penalties for failing to file the forms. Pugh resigned after The Baltimore Sun disclosed hundreds of thousands of dollars in sales of her “Healthy Holly” books, some to organizations that do business with the city, and a raid of her home and office by federal authorities.
Massachusetts – Are Boston’s New Lobbying Rules Too Broad?
Boston Globe – Danny McDonald and Matt Stout | Published: 7/18/2019
A coalition that included the Greater Boston Chamber of Commerce, Massachusetts Nonprofit Network, and Citizens’ Housing and Planning Association, said in a letter to city officials they were concerned new lobbying regulations in Boston, which went into effect in April, would mean “hundreds of individuals will face registration and reporting burdens for activities that are not traditionally considered lobbying as they go about their normal course of business.” The group provided city officials with a legal analysis prepared by the law firm Foley Hoag that highlighted their concerns and provided “examples of how certain sections could create barriers and burdens to participation in government.” The analysis also proposed new language for amendments to the law.
Minnesota – Former Corrections Official Says She’s Unfairly Accused of Lobbying on State Time
Minneapolis Star Tribune – Stephen Montemayor | Published: 7/23/2019
A top Minnesota Department of Corrections (DOC) official who quit her post recently said she has been accused of lobbying on state time for a veterans’ nonprofit organization run by her husband, an allegation she denied. Sarah Walker, who left her job as a deputy commissioner, indicated she is being unfairly investigated in connection with her ties to the Veterans Defense Project, a Minneapolis nonprofit that does legal work for military veterans. Although DOC officials have said little about the investigation, Walker acknowledged officials had received a complaint alleging she conducted lobbying activities on state time. She denied she had met with lawmakers or with officials in the administration of Gov. Tim Walz on behalf of her husband’s group.
Mississippi – It’s Legal: Candidates could lose election, but pocket campaign cash through loophole
Jackson Clarion-Ledger – Luke Ramseth | Published: 7/23/2019
A loophole in state law allows Mississippi politicians to personally profit from their campaign funds, as long as they use money raised before 2018. Many candidates running in upcoming statewide elections still have significant campaign money saved up from that time, a review of filings found. While lawmakers drew praise for campaign finance reform they passed in 2017, Mississippi’s current law, including the lack of spending rules for old money, remains among the most relaxed in the country.
Montana – Montana’s Top Political Cop Wants 3 Years of State GOP Records
The Missoulian – Holly Michels | Published: 7/23/2019
The commissioner of political practices is demanding the Montana Republican Party turn over campaign finance and other party records it subpoenaed as part of a 2018 campaign finance investigation. But the state GOP is refusing, saying the commissioner does not have the authority and the original complaint is unfounded. The Montana Democratic Party filed a complaint claiming the GOP did not properly report “personal services” in financial disclosures in the 2016 election cycle. Those services are time spent by party staffers assisting state-level candidates with any tasks or services. Democrats had previously been the subject of a complaint filed by a conservative blogger over its use of party employees to help candidates.
Nevada – Ex-Nevada Senate Democrat Sentenced for Campaign Fund Fraud
AP News – Ken Ritter | Published: 7/18/2019
Former Nevada Senate Majority Leader Kelvin Atkinson was sentenced to more than two years in federal prison and fined almost $250,000 for misusing campaign funds to pay personal bills and open a Las Vegas nightclub where he hosted political fundraisers. U.S. Attorney Nicholas Trutanich said poor record keeping kept the FBI from determining how the more than $1.1 million Atkinson reported receiving in campaign contributions from 2010 to 2017 was spent. But he said investigators found a discrepancy of more than $450,000.
New Hampshire – As Lobbying in N.H. Grows More Complex, It’s Nearly Impossible to Follow the Money
New Hampshire Public Radio – Casey McDermott | Published: 7/18/2019
Lobbyists have long been part of the fabric of the New Hampshire Capitol, helping shape policy on a wide range of issues. But their influence is often hard to measure. A New Hampshire Public Radio investigation found the state’s lobbying corps represents all kinds of interests – including, increasingly, nonprofit organizations and out-of-state corporations. But there is little consistency in what information is reported about how much money any client is spending on its lobbying efforts and where that money is going. There is little to no oversight of the lobbyists’ financial disclosure forms. No one is enforcing penalties to ensure the reports are filed, let alone filled out completely and correctly.
New York – Charter Review Commission Gives Final Approval to 19 Proposals in 5 Questions to Appear on November Ballot
Gotham Gazette – Samar Khurshid | Published: 7/25/2019
The New York City Charter Revision Commission officially approved the language of 19 ballot proposals that will be put before voters for the November 5 general election. The ballot proposals are as varied as they are numerous and are grouped into five overarching questions on the ballot. The first of the three elections-related proposals would establish ranked-choice voting in primary and special elections for all city government seats beginning in January 2021. Former city officials and employees currently face a one-year ban from appearing as a lobbyist before the agency or branch of government they served. The commission proposed expanding that to two years for anyone leaving their post after January 2022.
New York – For 105 Clients, Manhattan’s Democratic Leader Now Registered Lobbyist
Albany Times Union – Chris Bragg | Published: 7/18/2019
Between January and July, former New York Assemblyperson Keith Wright, now the leader of the Manhattan Democratic Party, registered as a lobbyist for 72 clients with business before state government. Around the same time Wright was asked about the lobbying, his firm registered him for 33 additional clients. Though Wright says he has never lobbied state lawmakers from Manhattan, he has lobbied their staff members. State law appears to require Wright to file annual financial disclosure forms, but for the past two years he has not. The law also places certain restrictions on the business activities of political party leaders. A faction of the Manhattan Democratic Party has pushed for a rule change to ban paid lobbyists from being the party’s leader; the matter was tabled last year by Wright allies.
Pennsylvania – After a Bombshell Corruption Scandal, Lower Southampton Grapples with Restoring Faith in Government
Philadelphia Inquirer – Vinny Vella | Published: 7/19/2019
John Waltman was a judge, but he acted like a king in his hometown of Lower Southampton, a working-class suburb of Philadelphia. It was an arrogance born of years of political dominance, steeled by backroom deals and barroom meetings. It was shattered in 2016, when Waltman and two of his lieutenants, township Public Safety Director Robert Hoopes and Constable Bernard Rafferty, were indicted on federal corruption charges. They were accused of shaking down business owners seeking township contracts and laundering money they believed was from illegal drug sales. The feds also nabbed Lower Southampton’s former solicitor, Michael Savona, for lying to the FBI about the way the men ran the township. Current township officials insist Lower Southampton is moving beyond the scandal, that the old regime is felled. But they recognize that there is rebuilding to do.
Tennessee – Analysis: 4 areas officials could eye in campaign finance probe of Glen Casada
The Tennessean – Joel Ebert | Published: 7/23/2019
With state officials expected to open an investigation into Tennessee House Speaker Glen Casada’s campaign finances, the embattled lawmaker could face significant scrutiny for how he has spent donors’ money in recent years. Casada, who controls a PAC as well as his personal campaign committee, has more than $560,000 at his disposal. In the last two years, he has raised more than $600,000 and spent $445,000 out of the two committees. Casada used campaign money to cover items ranging from travel to a membership at a private club with a restaurant. While lawmakers are prohibited from using money in their personal campaign accounts for personal expenditures, PACs face no such limits. But a probe into his PAC could further highlight the loophole in state law that allows personal expenses.
Texas – As Austin Ethics Cases Make Headlines, What’s the Penalty?
Austin American-Statesman – Elizabeth Findell | Published: 7/19/2019
The powers of the Austin Ethics Commission are relatively toothless compared with those in some cities on the East and West coasts, which can issue fines or other sanctions in cases of violations. Austin’s council-appointed commission hears complaints against elected and appointed officials and their staffs. If it finds a violation, it can issue one of three types of letters or, in extreme cases, offer a recommendation the person be removed from his or her job. The board can also refer cases for criminal prosecution by city attorneys, but it has not done so in recent decades. As Austin grows, its policies and processes surrounding city ethics have seen more scrutiny as prominent cases have tested them.
Texas – Second Person Pleads Guilty in Federal Bribery Case Involving Dallas City Hall and Housing Developer
Dallas News – Kevin Krause and Sara Coello | Published: 7/23/2019
A second person named in a public corruption case involving former Dallas City Councilperson Carolyn Davis has pleaded guilty. Jeremy Scroggins admitted to using his nonprofit company, Hip Hop Government, to funnel bribes from developer Ruel Hamilton to Davis, who was at the time chair of the council’s housing committee. In exchange, Davis lobbied for and voted for Hamilton’s housing project. Scroggins is the third person to be charged in the case. He acknowledged not reporting the bribes to authorities, records show. The addition of Scroggins could bolster the government’s case against Hamilton, which took a hit with the unexpected death of Davis, a key witness who had pleaded guilty to her involvement.
Washington – Interest Groups Are Pouring Money into Seattle’s City Council Elections Using No-Limit PACs
Seattle Times – Daniel Beekman | Published: 7/19/2019
Businesses, unions, and other interest groups have started pouring money into Seattle City Council races ahead of the August 6 primary election, using PACs that can collect and spend unlimited amounts of money. The special independent committees can accept huge cash contributions and spend as much as they want to support or oppose candidates, as long as they do not coordinate with the candidates. Some have already spent more than the candidates have spent themselves, buying the interest groups major clout. Seattle voters in 2015 approved a groundbreaking democracy vouchers program, which allows residents to assign taxpayer-funded vouchers to qualifying candidates. Meanwhile, outside money appears to be on the rise.
Washington DC – D.C. Council Member’s Cousin Is Listed in $215 Million No-Bid Gambling Contract
San Francisco Chronicle – Fenit Nirappil (Washington Post) | Published: 7/18/2019
The cousin of a District of Columbia Council member who cast a deciding vote for a no-bid sports gambling contract is listed as the chief executive officer of a business that would receive $3 million under the deal. City officials awarded a five-year, $215 million contract to the Greek gambling company Intralot to manage the city lottery and an upcoming online sports betting program. Plans that Intralot submitted list Keith McDuffie, cousin of Councilperson Kenyan McDuffie, as the CEO and point of contact for Potomac Supply, a subcontractor that would receive $3 million over five years to supply commercial paper products. The plans are required to demonstrate that Intralot is meeting city targets for including local and minority-owned businesses.
July 25, 2019 •
Thursday’s LobbyComply News Roundup
Campaign Finance Tennessee: “Analysis: 4 areas officials could eye in campaign finance probe of Glen Casada” by Joel Ebert for The Tennessean Elections Iowa: “Oops! Secretary of State’s Clerical Error Sets Back Iowa Ballot Measures” by Alan Greenblatt for Governing […]
Campaign Finance
Tennessee: “Analysis: 4 areas officials could eye in campaign finance probe of Glen Casada” by Joel Ebert for The Tennessean
Elections
Iowa: “Oops! Secretary of State’s Clerical Error Sets Back Iowa Ballot Measures” by Alan Greenblatt for Governing
Ethics
National: “Emails Show DeVos Aides Pulled Strings for Failing For-Profit Colleges” by Erica Green and Stacy Cowley for New York Times
National: “Trump Sues Lawmakers, NY Officials to Thwart Potential Release of State Tax Returns” by Jacqueline Thomsen and Naomi Jagoda for The Hill
National: “Major Moments of Robert Mueller’s Testimony to Congress” by Julie Hirschfeld Davis and Mark Mazzetti for New York Times
Illinois: “New Ethics Rules Put Burke on Hot Seat: To avoid hefty fines, choose law firm or city council seat” by Fran Spielman for Chicago Sun-Times
Texas: “Second Person Pleads Guilty in Federal Bribery Case Involving Dallas City Hall and Housing Developer” by Kevin Krause and Sara Coello for Dallas News
Lobbying
National: “Zinke Taking Clients from Industries He Oversaw at Interior Department” by Ari Natter and Jennifer Dlouhy (Bloomberg) for San Francisco Chronicle
July 24, 2019 •
Wednesday’s LobbyComply News Roundup
Campaign Finance Mississippi: “It’s Legal: Candidates could lose election, but pocket campaign cash through loophole” by Luke Ramseth for Jackson Clarion-Ledger Montana: “Montana’s Top Political Cop Wants 3 Years of State GOP Records” by Holly Michels for The Missoulian Elections […]
Campaign Finance
Mississippi: “It’s Legal: Candidates could lose election, but pocket campaign cash through loophole” by Luke Ramseth for Jackson Clarion-Ledger
Montana: “Montana’s Top Political Cop Wants 3 Years of State GOP Records” by Holly Michels for The Missoulian
Elections
National: “Democrats Look to Capitalize on Turmoil Inside NRA” by Alex Gangitano for The Hill
Ethics
California: “FBI Raids at DWP, L.A. City Hall Related to Fallout from Billing Debacle” by Dakota Smith, David Zahniser, Alene Tchekmediyan, and Laura Nelson for Los Angeles Times
Maryland: “In Wake of Healthy Holly Scandal, Baltimore City Council Gives Preliminary Approval to Stronger Ethics Law” by Ian Duncan for Baltimore Sun
Lobbying
National: “Watchdog Group Wants D.C. to See What the States Know About Revolving Doors” by David Hawkins for The Fulcrom
National: “Michael Flynn’s Former Business Partner Convicted of Illegal Lobbying” by Rachel Weiner for Washington Post
Canada: “Ontario’s Influencers: How the heads of lobbying firms have become part of Doug Ford’s inner circle” by Jim Mahoney and Karen Howlett for The Globe and Mail
Minnesota: “Former Corrections Official Says She’s Unfairly Accused of Lobbying on State Time” by Stephen Montemayor for Minneapolis Star Tribune
July 23, 2019 •
Tuesday’s LobbyComply News Roundup
Campaign Finance Washington: “Interest Groups Are Pouring Money into Seattle’s City Council Elections Using No-Limit PACs” by Daniel Beekman for Seattle Times Elections Florida: “Kraft Infiniti TV Commercial Starring John Dailey Pulled from the Air at Mayor’s Request” by Jeff […]
Campaign Finance
Washington: “Interest Groups Are Pouring Money into Seattle’s City Council Elections Using No-Limit PACs” by Daniel Beekman for Seattle Times
Elections
Florida: “Kraft Infiniti TV Commercial Starring John Dailey Pulled from the Air at Mayor’s Request” by Jeff Burlew for Tallahassee Democrat
Florida: “In Fla., a Push for a Citizen-Only Voting Law” by Amy Gardner and Alice Crites (Washington Post) for Laredo Morning Times
Ethics
National: “EPA’s Watchdog Is Scrutinizing Ethics Practices of Agency’s Former Air Policy Chief” by Juliet Eilperin (Washington Post) for Anchorage Daily News
National: “As Vice President, Biden Said Ukraine Should Increase Gas Production. Then His Son Got a Job with a Ukrainian Gas Company.” by Michael Kranish and David Stern (Washington Post) for San Francisco Chronicle
National: “Appeals Court Judges Send Emoluments Suit Against Trump Back to a Lower Court” by Sharon LaFraniere for New York Times
Texas: “As Austin Ethics Cases Make Headlines, What’s the Penalty?” by Elizabeth Findell for Austin American-Statesman
Lobbying
New York: “For 105 Clients, Manhattan’s Democratic Leader Now Registered Lobbyist” by Chris Bragg for Albany Times Union
July 22, 2019 •
Monday’s LobbyComply News Roundup
Campaign Finance National: “Big Donor Steyer’s Presidential Run Could Deny Millions to Other Democratic Races” by Sharon Bernstein for Reuters Nevada: “Ex-Nevada Senate Democrat Sentenced for Campaign Fund Fraud” by Ken Ritter for AP News Ethics Arizona: “Public Corruption Tough […]
Campaign Finance
National: “Big Donor Steyer’s Presidential Run Could Deny Millions to Other Democratic Races” by Sharon Bernstein for Reuters
Nevada: “Ex-Nevada Senate Democrat Sentenced for Campaign Fund Fraud” by Ken Ritter for AP News
Ethics
Arizona: “Public Corruption Tough to Prove Without Smoking Gun” by Ben Chiles for Arizona Capitol Times
Pennsylvania: “After a Bombshell Corruption Scandal, Lower Southampton Grapples with Restoring Faith in Government” by Vinny Vella for Philadelphia Inquirer
Washington DC: “D.C. Council Member’s Cousin Is Listed in $215 Million No-Bid Gambling Contract” by Fenit Nirappil for San Francisco Chronicle
Lobbying
National: “Dem Frontrunners Cash in on Slippery Definition of Lobbying” by Theodoric Meyer for Politico
Massachusetts: “Are Boston’s New Lobbying Rules Too Broad?” by Danny McDonald and Matt Stout for Boston Globe
New Hampshire: “As Lobbying in N.H. Grows More Complex, It’s Nearly Impossible to Follow the Money” by Casey McDermott for New Hampshire Public Radio
July 19, 2019 •
News You Can Use Digest – July 19, 2019
National/Federal Acting Labor Secretary Pizzella Lobbied for Russian-Connected Front Group, Worked with Jack Abramoff Center for Responsive Politics – Reid Champlin and Jessica Piper | Published: 7/12/2019 Patrick Pizzella will take the reins at the Department of Labor as acting secretary […]
National/Federal
Acting Labor Secretary Pizzella Lobbied for Russian-Connected Front Group, Worked with Jack Abramoff
Center for Responsive Politics – Reid Champlin and Jessica Piper | Published: 7/12/2019
Patrick Pizzella will take the reins at the Department of Labor as acting secretary after Alex Acosta announced his resignation due to criticism for his light prosecution of sex offender Jeffrey Epstein more than a decade ago. But Pizzella’s record as a lobbyist is likely to come under scrutiny. In the late 1990s, his clients included a Russian front group, the government of the Marshall Islands, and a trade association fighting against the minimum wage in a U.S. commonwealth. For these and other clients, he worked with Jack Abramoff, who was at the forefront of a corruption scandal in the 2000s that ultimately resulted in 21 convictions and major reforms to lobbying laws. Pizzella was never accused of any wrongdoing.
Alex Acosta Resigns as Labor Secretary Amid Intense Scrutiny of His Handling of Jeffrey Epstein Case
MSN – David Nakamura, John Wagner, Ashley Parker, and Josh Dawsey (Washington Post) | Published: 7/12/2019
Labor Secretary Alex Acosta’s resignation amid the mushrooming Jeffrey Epstein investigation made him the latest in a growing list of President Trump’s Cabinet members to depart under a cloud of scandal, plunging an administration that has struggled with record turnover into further upheaval. Trump said Acosta had chosen to step down a day after defending himself in a contentious news conference over his role as a U.S. attorney a decade ago in a deal with Epstein that allowed the financier to plead guilty to lesser offenses in a sex-crimes case involving underage girls. The sole Hispanic member of Trump’s Cabinet said the intense media focus on his role in Epstein’s case threatened to become a distraction that would undermine his work for the administration.
CNN Doesn’t Tell Whole Story About Trump-Loving Panel
San Francisco Chronicle – Paul Fahri (Washington Post) | Published: 7/17/2019
The panel of women CNN interviewed about President Trump liked him a lot and do not think he is a racist, despite a congressional resolution to the contrary. And no question the women are, as CNN identified them, “Republicans.” But the network missed telling its viewers a few other things about the women it put on the air in a segment surveying their reaction to criticism of Trump. The seemingly random group of eight women were, in fact, members of an organized group dedicated to promoting Trump. The group calls itself the Trumpettes of America 2019 Palm Beach Team, although CNN and correspondent Randi Kaye did not mention anything about such a group. Nor did the anchors, including Anderson Cooper, who introduced Kaye’s report.
Consultant Who Worked with Manafort Retroactively Registers as Foreign Agent
Politico – Theodoric Meyer | Published: 7/12/2019
A British consultant who helped publicize a report commissioned by the government of Ukraine in 2012 retroactively registered as a foreign agent with the U.S. Justice Department. The filing sheds a little more light on an elaborate lobbying and public relations effort orchestrated by Paul Manafort starting more than seven years ago on behalf of the Ukrainian government and Viktor Yanukovych, Ukraine’s president at the time and Manafort’s client. Robert Mueller, the former special counsel, looked into the effort as part of his investigation into Russian interference in the 2016 election. The consultant, Jonathan Hawker, registered through FTI Consulting, the firm at which he worked at the time but has since left.
Court Filings Show Trump, Cohen Contacts Amid Hush Money Payments
The Hill – Jacqueline Thomsen and Morgan Chalfant | Published: 7/18/2019
President Trump’s former personal attorney Michael Cohn was in contact with Trump multiple times as he arranged hush money payments to women alleging affairs with Trump ahead of the 2016 election. The previously redacted details of the probe on the payments indicate investigators were aware of calls made between Cohen and Trump, as well as other campaign officials. Cohen pleaded guilty to committing campaign finance violations in relation to the payments and implicated Trump in the scheme. The documents were released after federal prosecutors said they had concluded their investigation into the hush-money payments. The closure of the probe strongly suggests prosecutors will not bring criminal charges against anyone besides Cohen, who pleaded guilty last year to campaign finance violations, lying to Congress, and financial crimes.
F.E.C. Allows Security Company to Help 2020 Candidates Defend Campaigns
New York Times – Nicole Perlroth | Published: 7/11/2019
The FEC said a Silicon Valley security company could immediately start helping 2020 presidential candidates defend their campaigns from the kinds of malicious email attacks that Russian hackers exploited in the 2016 election. The FEC made its advisory opinion one month after lawyers for the agency advised it to block a request by the company, Area 1 Security, which had sought to provide services to candidates at a discount. The FEC lawyers said Area 1 would be violating campaign finance laws that prohibit corporations from offering free or discounted services to federal candidates. The same law also prevents political parties from offering candidates cybersecurity assistance because it is considered an “in-kind donation.”
FEC Gets New Internal Watchdog Following Tumultuous Search
Center for Public Integrity – Dave Levinthal | Published: 7/12/2019
The FEC has a new inspector general, ending a 28-month period that included the de facto neutering of its office charged with investigating and defending against agency waste, fraud, and abuse. Christopher Skinner will begin work as the FEC’s inspector general on August 5. Skinner served as deputy inspector general for the Office of Naval Research for six years, including one year as acting inspector general. Before that, he served as assistant chief of inspections for the Naval Facilities Engineering Command. It took commissioners about a year to begin an earnest search for McFarland’s replacement. Once they did, agency infighting resulted in a disgruntled human resources official canceling an inspector general job posting and, in mid-2018, derailing the search.
Former Flynn Partner on Trial for Illegal Lobbying Charges
Courthouse News Service – Brandi Buchman | Published: 7/15/2019
Though special counsel Robert Mueller’s investigation into foreign influence in the 2016 election has officially wrapped up, a trial began for a former business partner of convicted ex-national security adviser Michael Flynn accused of acting as an illegal agent of the Turkish government. Bijan Rafiekian, an Iranian American businessperson who also goes by Bijan Kian, was indicted on a charge of conspiracy and failure to register as a foreign agent. The charges stemmed from lobbying work done by Kian and Flynn in 2016.
House Condemns Trump’s Attack on Four Congresswomen as Racist
MSN – Julie Hirschfeld Davis (New York Times) | Published: 7/16/2019
The U.S. House voted to condemn as racist President Trump’s attacks against four congresswomen of color, but only after the debate over the president’s language devolved into a bitterly partisan brawl that showcased deep rifts over race, ethnicity, and political ideology in the age of Trump. The measure passed nearly along party lines after one of the most polarizing exchanges on the floor in recent times. Only four Republicans and the House’s lone independent voted with all Democrats to condemn the president. It is virtually unheard-of for Congress to rebuke a sitting president. The last one to be challenged was William Howard Taft, who served from 1909 to 1913. He was accused of having tried to influence a disputed Senate election, but in the end, the Senate passed a watered-down resolution.
House Holds Barr and Ross in Contempt Over Census Dispute
New York Times – Nicholas Fandos | Published: 7/17/2019
The U.S. House voted to hold Attorney General William Barr and Commerce Secretary Wilbur Ross in criminal contempt of Congress for their refusal to turn over key documents related to the Trump administration’s attempt to add a citizenship question to the 2020 census. The citations for two cabinet officials will breathe new life into a dispute that has touched all three branches of government over why administration officials pushed to ask census respondents if they were American citizens and what that question’s effect would be. Democrats investigating the issue believe the documents and testimony being shielded would confirm the administration’s long-stated rationale for collecting the data, to better enforce the Voting Rights Act, was merely a cover for a politically motivated attempt to eliminate noncitizens from population statistics used to allocate political representation, diminishing Democratic power.
How Pharma, Under Attack from All Sides, Keeps Winning in Washington
STAT – Nicholas Forko and Lev Facher | Published: 7/16/2019
Even though Washington has stepped up its rhetorical attacks on the industry and focused its policymaking efforts on reining in high drug prices, the pharmaceutical industry’s time-honored lobbying and advocacy strategies have kept both lawmakers and the Trump administration from landing any of their prescription-drug punches. Even off Capitol Hill, it found a way to block perhaps the Trump administration’s most substantial anti-industry accomplishment in the past two years: a rule that would have required drug companies to list their prices in television ads. The industry has also benefited from a fractured Congress and discord between President Trump’s most senior health care advisers.
Trump Says He Will Seek Citizenship Information from Existing Federal Records, Not the Census
MSN – Katie Rogers, Adam Liptak, Michael Crowley, and Michael Wines (New York Times) | Published: 7/11/2019
President Trump abandoned his quest to place a question about citizenship on the 2020 census and instructed the government to compile citizenship data from existing federal records instead, ending a bitterly fought legal battle that turned the nonpartisan census into an object of political warfare. Trump announcedt he was giving up on modifying the census two weeks after the U.S. Supreme Court rebuked his administration over its effort to do so. Trump made the clearest statement yet that his administration’s ultimate goal in obtaining data on citizenship was to eliminate noncitizens from the population bases used to draw political boundaries, a longstanding dream in some Republican circles. Wilbur Ross, the secretary of commerce who spearheaded the effort to add the citizenship question, had long insisted the data was needed to enforce the Voting Rights Act.
Trump Tells Freshman Congresswomen to ‘Go Back’ to the Countries They Came From
MSN – Katie Rogers and Nicholas Fandos (New York Times) | Published: 7/14/2019
President Trump said a group of four minority congresswomen feuding with House Speaker Nancy Pelosi should “go back” to the countries they came from rather than “loudly and viciously telling the people of the United States” how to run the government. Wrapped inside that insult, which was widely established as a racist trope, was a factually inaccurate claim: only one of the lawmakers was born outside the country. Even though Trump has repeatedly refused to back down from stoking racial divisions, his willingness to deploy a lowest-rung slur, one commonly and crudely used to single out the perceived foreignness of nonwhite, non-Christian people, was largely regarded as beyond the pale.
With Name-Calling and Twitter Battles, House Republican Campaign Arm Copies Trump’s Playbook
New York Times – Catie Edmonson | Published: 7/17/2019
The National Republican Congressional Committee (NRCC), with the blessing of House Republican leaders, has adopted a no-holds-barred strategy to win back the House majority next year, borrowing heavily from President Trump’s playbook in deploying such taunts and name-calling. After losing 40 seats and the majority in November, U.S. Rep. Tom Emmer, the NRCC’s new chairperson, and Minority Leader Kevin McCarthy decided their messaging needed to be ruthless. The offensive hinges largely on the notion that by tagging all House Democrats as socialists, anti-Semites, or far-left extremists, Republicans will be able to alienate swing-state voters.
From the States and Municipalities
Arizona – Utility Panel OKs New Limits on Campaign Contributions to Commission Candidates
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 7/11/2019
State utility regulators approved a new code of ethics, including new limits on how much anyone with business before them can donate to candidates running for the Arizona Corporation Commission. But two of the panel members said the wording has a gaping hole that could still give utilities a way of financing their favorite commission candidates, at least indirectly. The language technically does not keep current and would be commissioners from taking campaign money from utilities and others who are trying to convince the panel to approve or reject some pending issue. Instead it says if a candidate for the commission takes campaign money from someone who has business before the commission they cannot vote on that matter when it goes before the panel.
Hawaii – Defiant Ethics Commission Defends Decisions on Kealohas
Honolulu Civil Beat – Nick Grube | Published: 7/17/2019
The Honolulu Ethics Commission is under renewed scrutiny for how it handled a series of investigations into retired city police chief Louis Kealoha and his wife, Katherine, who is a former city prosecutor. The Kealohas were convicted along with two police officers of framing Katherine’s uncle, Gerard Puana, for the theft of their mailbox and then trying to cover it up. Two other Honolulu police officers pleaded guilty to other charges stemming from the federal probe. The commission launched a series of investigations into the Kealohas in 2014. Those inquiries stalled in 2015, however, after the commission yanked its main investigators, Chuck Totto and Letha DeCaires, from the case and made a series of decisions that effectively ended their careers.
Illinois – Mayor Lori Lightfoot’s City Council Ethics Plan Advances
Chicago Tribune – John Byrne | Published: 7/17/2019
The Chicago City Council’s Ethics Committee advanced a package of reforms to give the city watchdog more oversight of the body and tighten rules on outside jobs and lobbying. In a late change to the proposal, people acting on behalf of nonprofits would not need to register as lobbyists if they are unpaid or if they are providing technical assistance to the agencies. Mayor Lori Lightfoot’s ethics proposal also include measures to tighten the rules for aldermen holding outside jobs and increase fines for ethics violations, from the current $500 to $2,000 up to $1,000 to $5,000.
Missouri – Since Voters Approved A $5 Cap on Gifts, Lobbyist Spending on Missouri Lawmakers Dropped 94%
St. Louis Public Radio – Aviva Okeson-Haberman | Published: 7/11/2019
Voters approved a five-dollar limit on gifts for lawmakers in November. An analysis of data from the Missouri Ethics Commission shows there has been a 94% decrease in spending from the 2019 to 2018 legislative session. In this year’s session, lobbyists spent less than $17,000 on lawmakers. That is a significant drop from the about $300,000 spent in the 2018 session. University of Missouri political science professor Peverill Squire said most of the spending is now on larger events that all lawmakers can attend. There is still a five-dollar limit per lawmaker for those events.
New York – Ex-IDC Members Pay $275,000, Settling Sugarman Suit
Albany Times Union – Chris Bragg | Published: 7/11/2019
In January, Risa Sugarman, chief enforcement counsel for the State Board of Elections. sought more than $8.6 million in penalties and fines from senators, campaign staff, and party officials connected to a fundraising partnership between the Independence Party and the Independent Democratic Conference (IDC), which controversially partnered with Republicans to run the New York Senate for half a decade. Eight former IDC members recently paid $275,000 to settle the allegations they took millions of dollars in unlawful campaign donations. The settlement agreement does not include the state Independence Party or its officials. Sugarman’s case against the Independence Party, which seeks $17,000 in fines and the return of $171,000 party money to donors, is still pending.
New York – Mt. Vernon Has 2 Mayors, and Its Police Commissioner Was Just Arrested
New York Times – Sarah Maslin Nir | Published: 7/18/2019
Shawn Harris was taken into custody when he arrived at Mount Vernon police headquarters to begin work as the city’s police commissioner. Harris was appointed by Andre Wallace, who purports to be the acting mayor after the city council deemed Richard Thomas to have forfeited the mayor’s office when he pleaded guilty to misusing $12,900 in campaign funds. Thomas insists he is still in power and remains in the mayor’s office in City Hall, with a pair of police officers standing guard. Further confusion came when the city council issued a statement disavowing Wallace’s appointment of Harris. Things were in such flux that staff members in the city clerk’s office needed to print out organizational charts as they tried to explain who in the administration is currently who.
North Dakota – North Dakota Focuses on Ethics
U.S. News & World Report – Cinnamon Janzer | Published: 7/12/2019
In February 2018, North Dakota Gov. Doug Burgum and his wife took a Super Bowl trip funded by Xcel Energy (which he later paid back), and state Rep. Jim Kasper took multiple trips involving the internet gambling industry in 2005. In response, a coalition of citizens pushed for a state ethics commission. Voters in 2018 passed Measure 1, amending the North Dakota Constitution to add Article 14, which required the Legislature to pass laws to regulate campaign finance disclosures and established an ethics commission designed to “support open, ethical, and accountable government” among other responsibilities. The commission is being formulated this summer, and its creation has not been without controversy. Experts have concerns about how effective tit will be, largely due to changes in the legislation that established the panel.
Ohio – City Elections Commission Offers Guidance on Campaign Finance Change
WVXU – Jay Hanselman | Published: 7/11/2019
Contributions made by made by limited liability corporations (LLC) to Cincinnati mayoral and city council candidates prior to December 1, 2018, will not count toward a donor’s limits under the city’s new campaign finance charter amendment. The ballot measure said an LLC cannot contribute to mayoral or city council candidates “solely in the name” of the business. Those donations must be associated with the person, owner, or partner making it. Attorney Micah Kamrass had asked the city’s Elections Commission “whether contributions made to a city council or mayoral candidate by an LLC will be counted as contributions made by an individual if the contributions were made prior to the effective date” of the Charter amendment.
Texas – Ellis Proposes Ethics Reforms for Harris County Government
Houston Chronicle – Zach Despart | Published: 7/12/2019
Harris County Commissioner Rodney Ellis has proposed two ethics reforms he says are needed to improve transparency in county government, though Texas counties’ limited rule-making power may scuttle his plan. Commissioners Court unanimously backed Ellis’ request to study how the county can establish mandatory registration of lobbyists and a blackout period for campaign contributions to elected officials from firms who seek or receive county contracts. Harris County since 2009 has allowed lobbyist registration on a voluntary basis. Participation has been dismal – just 17 lobbyists have signed up in the past decade, according to records.
Texas – State Leaders Again Want to Review How Texas Elects Judges. Will They End Partisan Judicial Elections?
Texas Tribune – Emma Platoff | Published: 7/15/2019
After a punishing election for Republican judges, state leaders are set to take a look at Texas’ often-criticized judicial selection system. Gov. Greg Abbott signed a law creating a commission to study the issue, signaling the Legislature could overhaul the system as soon as 2021. One of just a few states that maintains a system of partisan judicial selection all the way up through its high courts, judges are required to run as partisans but expected to rule impartially. They are forced to raise money from the same lawyers who will appear before them in court. And in their down-ballot, low-information races, their fates tend to track with the candidates at the top of the ticket. That means political waves that sweep out of office good and bad, experienced and inexperienced judges alike.
Washington – In Win for Public Campaign Financing, State Supreme Court Upholds Seattle’s Unique ‘Democracy Vouchers’
Governing – Daniel Beekman (Seattle Times) | Published: 7/15/2019
The Washington Supreme Court upheld Seattle’s “democracy vouchers” program, which allows residents to direct taxpayer money to qualifying political candidates. The Pacific Legal Foundation supported a lawsuit to block the program on behalf of a pair of residents, claiming it would effectively force them to support candidates they might not agree with. The justices ruled because any candidate can qualify to receive the funds the program is effectively neutral. Proponents say the vouchers counter big money in politics by involving people who otherwise would not donate and by helping lesser-known candidates compete.
Washington DC – Tensions Reach a New High on D.C. Council as Lawmakers Grapple with Scandal
Washington Post – Peter Jamison and Fenit Nirappil | Published: 7/13/2019
Heated fights at the District of Columbia Council over how to discipline a lawmaker under federal investigation and whether to approve a controversial gambling contract have deepened a growing rift among city leaders. Tensions have been simmering after repeated revelations about Councilperson Jack Evans and his private business dealings with companies with interests before city government. The divisions escalated at a recent meeting when a group of lawmakers tried but failed to strip Evans of all committee assignments. Next, they tried unsuccessfully to stop a no-bid sports betting and lottery contract that several said “stinks” of cronyism. Instead, council Chairperson Phil Mendelson and allies were able to approve the contract and avoid harsh penalties for Evans.
West Virginia – A Resolution Condemning Pipeline Challengers Passed Easily. A Pipeline Lobbyist Wrote It.
ProPublica – Kate Mishkin (Charleston Gazette-Mail) | Published: 7/11/2019
House Resolution 11, sponsored by nearly half of West Virginia delegates, praised the Atlantic Coast Pipeline, a major natural gas project. Then, the resolution sharply condemned the citizens’ groups that challenged the project in court. The resolution passed 80 to 17. What was not mentioned on the House floor was the resolution was drafted by the pipeline company itself. Bob Orndorff, a lobbyist for Dominion Energy, wrote the resolution and sent it to the House. It is not abnormal for a lobbyist to provide insight or help draft legislation. But Orndorff’s resolution was different from other pieces of legislation because it singled out a specific group. It sheds light on the close relationship between West Virginia’s growing natural gas industry and its legislative branch.
July 18, 2019 •
Thursday’s LobbyComply News Roundup
Campaign Finance National: “Feds’ Probe into Trump Hush Money Payments Is Over, Judge Says” by Darren Samuelsohn for Politico Michigan: “Michigan House Bill Would Set Minimum Fines for Campaign Finance Violations” by Lauren Gibbons for MLive.com Missouri: “Man Pleads Guilty […]
Campaign Finance
National: “Feds’ Probe into Trump Hush Money Payments Is Over, Judge Says” by Darren Samuelsohn for Politico
Michigan: “Michigan House Bill Would Set Minimum Fines for Campaign Finance Violations” by Lauren Gibbons for MLive.com
Missouri: “Man Pleads Guilty in Case Tied to Ex-St. Louis County Leader” by Jim Salter for AP News
Elections
National: “With Name-Calling and Twitter Battles, House Republican Campaign Arm Copies Trump’s Playbook” by Catie Edmonson for New York Times
Ethics
National: “House Condemns Trump’s Attack on Four Congresswomen as Racist” by Julie Hirschfeld Davis for MSN
Florida: “City’s Independent Ethics Officer Announces 2020 Resignation” by Jeff Burlew for Tallahassee Democrat
Illinois: “Feds Search for Michael Madigan Records at Home of Retired Alderman, Sources Say” by Dan Mihalopoulos (WBEZ) and David Kidwell for Beter Government Association
North Dakota: “North Dakota Focuses on Ethics” by Cinnamon Janzer for U.S. News & World Report
July 17, 2019 •
Wednesday’s LobbyComply News Roundup
Campaign Finance National: “FEC Gets New Internal Watchdog Following Tumultuous Search” by Dave Levinthal for Center for Public Integrity Ohio: “City Elections Commission Offers Guidance on Campaign Finance Change” by Jay Hanselman for WVXU Ethics Arizona: “Former Arizona Senate Staffer […]
Campaign Finance
National: “FEC Gets New Internal Watchdog Following Tumultuous Search” by Dave Levinthal for Center for Public Integrity
Ohio: “City Elections Commission Offers Guidance on Campaign Finance Change” by Jay Hanselman for WVXU
Ethics
Arizona: “Former Arizona Senate Staffer Wins $1M in Discrimination Lawsuit Involving Democratic Leaders” by Maria Polletta for Arizona Republic
Connecticut: “Connecticut Lottery Vice President Placed on Administrative Leave After Disclosure of FBI Recording Episode” by Jon Lender for Hartford Courant
New York: “Mount Vernon: Newly appointed top cop in police custody” by Jonathan Bandler for Journal News
Lobbying
National: “Former Flynn Partner on Trial for Illegal Lobbying Charges” by Brandi Buchman for Courthouse News Service
Missouri: “Since Voters Approved A $5 Cap on Gifts, Lobbyist Spending on Missouri Lawmakers Dropped 94%” by Aviva Okeson-Haberman for St. Louis Public Radio
Texas: “Ellis Proposes Ethics Reforms for Harris County Government” by Zach Despart for Houston Chronicle
July 16, 2019 •
Tuesday’s LobbyComply News Roundup
Campaign Finance National: “F.E.C. Allows Security Company to Help 2020 Candidates Defend Campaigns” by Nicole Perlroth for New York Times Illinois: “‘A Red Flag’: Developers sought taxpayer reimbursement for $20,000 in donations to Chicago alderman” by Gregory Pratt and Joe […]
Campaign Finance
National: “F.E.C. Allows Security Company to Help 2020 Candidates Defend Campaigns” by Nicole Perlroth for New York Times
Illinois: “‘A Red Flag’: Developers sought taxpayer reimbursement for $20,000 in donations to Chicago alderman” by Gregory Pratt and Joe Mahr for Chicago Tribune
New York: “Ex-IDC Members Pay $275,000, Settling Sugarman Suit” by Chris Bragg for Albany Times Union
Elections
Texas: “State Leaders Again Want to Review How Texas Elects Judges. Will They End Partisan Judicial Elections?” by Emma Platoff for Texas Tribune
Ethics
Florida: “Andrew Gillum Shifts Campaign Cash to a New Nonprofit, Blocking It from Public View” by Steve Contorno for Tampa Bay Times
Legislative Issues
Washington DC: “Tensions Reach a New High on D.C. Council as Lawmakers Grapple with Scandal” by Peter Jamison and Fenit Nirappil for Washington Post
Lobbying
National: “Consultant Who Worked with Manafort Retroactively Registers as Foreign Agent” by Theodoric Meyer for Politico
National: “Acting Labor Secretary Pizzella Lobbied for Russian-Connected Front Group, Worked with Jack Abramoff” by Reid Champlin and Jessica Piper for Center for Responsive Politics
July 15, 2019 •
Monday’s LobbyComply News Roundup
Campaign Finance Arizona: “Utility Panel OKs New Limits on Campaign Contributions to Commission Candidates” by Howard Fischer (Capitol News Services) for Arizona Daily Star California: “California Lawmakers Consider New Rules for Political Ads” by Andrew Oxford for AP News Washington: […]
Campaign Finance
Arizona: “Utility Panel OKs New Limits on Campaign Contributions to Commission Candidates” by Howard Fischer (Capitol News Services) for Arizona Daily Star
California: “California Lawmakers Consider New Rules for Political Ads” by Andrew Oxford for AP News
Washington: “In Win for Public Campaign Financing, State Supreme Court Upholds Seattle’s Unique ‘Democracy Vouchers’” by Daniel Beekman (Seattle Times) for Governing
Elections
National: “To Unlock the Youth Vote in 2020, Democrats Wage Legal Fights Against GOP-Backed Voting Restrictions” by Amy Gardner (Washington Post) for Northwest Herald
Ethics
National: “Trump Tells Freshman Congresswomen to ‘Go Back’ to the Countries They Came From” by Katie Rogers and Nicholas Fandos (New York Times) for MSN
National: “Alex Acosta Resigns as Labor Secretary Amid Intense Scrutiny of His Handling of Jeffrey Epstein Case” by David Nakamura, John Wagner, Ashley Parker, and Josh Dawsey (Washington Post) for MSN
National: “Trump Says He Will Seek Citizenship Information from Existing Federal Records, Not the Census” by Katie Rogers, Adam Liptak, Michael Crowley, and Michael Wines (New York Times) for MSN
Lobbying
West Virginia: “A Resolution Condemning Pipeline Challengers Passed Easily. A Pipeline Lobbyist Wrote It.” by Kate Mishkin (Charleston Gazette-Mail) for ProPublica
July 12, 2019 •
News You Can Use Digest – July 12, 2019
National/Federal 2020 Democrats Vow to Get Tough on Lobbyists The Hill – Alex Gangitano | Published: 7/7/2019 Democratic presidential hopefuls are taking aim at the lobbying world, vowing to enact sweeping reform proposals if they win election. Contenders from both parties […]
National/Federal
2020 Democrats Vow to Get Tough on Lobbyists
The Hill – Alex Gangitano | Published: 7/7/2019
Democratic presidential hopefuls are taking aim at the lobbying world, vowing to enact sweeping reform proposals if they win election. Contenders from both parties have long run as outsiders to K Street, with President Trump famously vowing on the campaign trail to “drain the swamp.” But the spotlight on K Street has intensified this cycle, with the left urging candidates to reject corporate money and Democratic lawmakers raising concerns about the “revolving door” that sees lobbyists land top administration posts. U.S. Sens. Elizabeth Warren and Michael Bennet have called for a strict lifetime ban on lawmakers lobbying. Those candidates in the U.S. House are touting tough restrictions on lobbyists they helped pass this year as part of a sweeping ethics bill.
AP: Federal grand jury probing GOP fundraiser Elliott Broidy
AP News – Jim Mustian and Desmond Butler | Published: 7/8/2019
A federal grand jury in New York is investigating top Republican fundraiser Elliott Broidy, examining whether he used his position as vice chairperson of President Trump’s inaugural committee to drum up business deals with foreign leaders. Prosecutors appear to be investigating whether Broidy exploited his access to Trump for personal gain and violated the Foreign Corrupt Practices Act, which makes it illegal for U.S. citizens to offer foreign officials “anything of value” to gain a business advantage. Things of value in this case could have been an invitation to the January 2017 inaugural events or access to Trump.
Appeals Court Tosses Emoluments Suit Against Trump
Politico – Josh Gerstein | Published: 7/10/2019
A federal appeals court panel dismissed a lawsuit accusing President Trump of violating the Constitution by continuing to do business with foreign and state governments while serving as president. The Fourth Circuit Court of Appeals ruled the state of Maryland and the District of Columbia, who joined together to file the suit, lacked legal standing to object to his alleged violations of the Constitution’s clauses prohibiting receipt of so-called emoluments while in office. Writing for the court, Judge Paul Niemeyer concluded the case turned on unduly speculative claims that the District of Columbia and Maryland governments were being harmed by people favoring Trump’s Washington hotel in order to curry favor with him.
Democrats Grapple with a Sprawling Primary Field, and No One to Shape It
MSN – Reid Epstein (New York Times) | Published: 7/4/2019
Many strategists say the Democratic Party’s slate of 24 presidential candidates is too unwieldy for a constructive debate, and too large for most voters to follow. With a leadership vacuum at the top of the party, there is no one to elevate candidates with an endorsement, or help steer third-tier candidates out of the race when they have reached their plausible expiration date. Former President Obama is sitting out the primary. The Clintons, a once-dominant party presence, are largely unwelcome this time around. Of the party’s living former presidential nominees, just Walter Mondale and Michael Dukakis have weighed in on the race. The rest are keeping their distance from the messy primary, which polling shows has bifurcated between a top tier of five candidates and everyone else vying just to qualify for the party’s fall debates.
Elizabeth Warren Shuns Conventional Wisdom for a New Kind of Campaign
Politico – Alex Thompson | Published: 7/9/2019
U.S. Sen. Elizabeth Warren is defying the traditional playbook for running a modern presidential campaign. She raised $19.1 million in the second quarter of this year despite swearing off large fundraising events. Her campaign has gone without an outside polling firm, and says it has no plans to hire one, even though it is standard operating procedure. The campaign is shunning the typical model for producing campaign ads, in which outside firms are hired and paid commissions for their work. Instead, Warren’s campaign is producing TV, digital, and media content itself, as well as placing its digital ad buys internally. The approach is a rebuke of the consultant-heavy model of campaigns. Warren and her team see the standard campaign as another symbol of Washington corruption, and an opportunity to do things differently.
Eric Swalwell Ends White House Bid, Citing Low Polling, Fundraising
Politico – Carla Marinucci and Jeremy White | Published: 7/8/2019
U.S. Rep. Eric Swalwell, dogged by fundraising challenges and a failure to register in the polls, is ending his longshot bid for the presidency. He had called on Democratic front-runner Joe Biden to “pass the torch” of party leadership to a new generation in the first Democratic presidential debates. But Swalwell later called a press conference to announce that instead of continuing in the primaries, he will instead seek a fifth term representing his strongly Democratic district in Congress. Consultant Garry South said Swalwell’s attempts at generational appeal “could have had traction, but he was pre-empted by someone a year younger, Pete Buttigieg. He didn’t have that lane to himself.”
FBI Arrests Former Top Puerto Rico Officials in Government Corruption Scandal
National Public Radio – Bobby Allyn | Published: 7/11/2019
U.S. authorities unsealed a corruption indictment against two former top officials in Puerto Rico for directing some $15.5 million in contracts to favored businesses, allegedly edging out other firms for the lucrative government work despite allegations of being unqualified. The two former Puerto Rico leaders – Julia Keleher, who was the secretary of the island’s department of education before stepping down in April, and Ángela Ávila-Marrero, who led Puerto Rico’s Health Insurance Administration until June – were arrested by FBI agents. Prosecutors wrote in the indictment that the conspiracy involved the two former public officials handing four associates who had an inside track to contracts.
Female Tech Lobbyists Shake Up Industry
The Hill – Alex Gangitano | Published: 7/9/2019
Male-dominated Silicon Valley has long faced criticism over gender diversity issues, but in Washington, D.C., the tech industry’s most prominent groups are increasingly led by women. For women in the industry, those changes are a promising trend and long overdue, and come at a critical time for tech businesses. Shirley Bloomfield, chief executive officer of The Rural Broadband Association (NTCA), first started as a lobbyist at NTCA 30 years ago, when she said it was a “barren wasteland for women in the tech industry.” She left after 20 years for stints at Qwest and Verizon, before returning as chief executive nine years ago. Bloomfield says there is more to be done to improve representation.
GOP at War Over Fundraising
Politico – Alex Isenstadt | Published: 7/10/2019
Tensions over the future of the Republican Party’s grassroots fundraising are reaching a breaking point, with the national party turning to strong-arm tactics to get Republicans behind its new, Donald Trump-endorsed platform for small donors. The Republican National Committee (RNC) is threatening to withhold support from party candidates who refuse to use WinRed, the GOP’s newly established online fundraising tool. And the RNC, along with the party’s Senate and gubernatorial campaign arms, are threatening legal action against a rival donation vehicle. The moves illustrate how Republican leaders are waging a determined campaign to make WinRed the sole provider of its small donor infrastructure and to torpedo any competitors.
In the Aftermath of Khashoggi’s Murder, Saudi Influence Machine Whirs on in Washington
Stamford Advocate – Beth Reinhard, Jonathan O’Connell, and Tom Hamburger (Washington Post) | Published: 7/10/2019
Since fall 2018, Washington, D.C. lobbyists and lawyers have reaped millions of dollars for assisting Saudi Arabia as it works to develop nuclear power, buy American-made weapons, and prolong U.S. assistance to the Saudi-led coalition waging war in Yemen, foreign lobbying records show. Shaped by a sophisticated machine that was built over decades, Saudi support on Capitol Hill has been tested in recent months amid international outrage over the kingdom’s involvement in journalist Jamal Khashoggi’s death and a war in Yemen that has killed tens of thousands of civilians. In recent months, some Republicans have joined Democrats in trying to limit U.S. military aid and weapon sales to Saudi Arabia. But with billions of dollars at stake, the powerful defense industry has helped the lobbying corps contain GOP defections.
‘It Can’t Be Worse’: How Republican women are trying to rebuild
New York Times – Maggie Astor | Published: 7/9/2019
As their own election losses poured in, Republicans watched Democratic women make historic gains in 2018 and decided to adopt the Democrats’ strategy for themselves. Those attending the Women’s Campaign School at Yale University said saving Republican women from political extinction was a challenge far bigger than one election cycle. This is because the deeper problem is that Democratic women have a bench; Republican women do not. Part of the trouble is demographic. There are just more Democratic than Republican women among registered voters, and President Trump, who is less popular among women than among men, has not helped. Republicans also lag strategically in several areas: in recruiting female candidates, training them, funding them, and helping them through primaries.
Judge Blocks Trump Rule Requiring Drug Companies to List Prices in TV Ads
New York Times – Katie Thomas and Katie Rogers | Published: 7/8/2019
A federal judge ruled the Trump administration cannot force pharmaceutical companies to disclose the list price of their drugs in television ads, dealing a blow to one of the president’s most visible efforts to pressure drug companies to lower their prices. U.S. District Court Judge Amit Mehta ruled the Department of Health and Human Services exceeded its regulatory authority by seeking to require all drug makers to include in their television commercials the list price of any drug that costs more than $35 a month.
Rep. Duncan Hunter’s ‘Deep State’ Defense Falls Apart
Roll Call – Emily Kopp | Published: 7/8/2019
U.S. Rep. Duncan Hunter’s bid to dismiss the corruption charges against him by alleging a “deep state” conspiracy by U.S. attorneys fell apart when it was revealed that Hunter’s lead attorney had attended the same Democratic fundraiser that he said biased prosecutors. U.S. District Court Judge Thomas Whelan ruled against a motion filed by Hunter’s team, arguing the case should be relocated or dismissed because two of the prosecutors attended a 2015 fundraiser for Hillary Clinton, who was running for president. Their attendance, Hunter’s lawyers said, meant they would be biased in the case against Hunter, an early supporter of Donald Trump. The Justice Department revealed that the lead attorney for Hunter’s defense, Gregory Vega, was also present, and even donated to her campaign.
Steve Bullock Hates ‘Dark Money.’ But a Lobbyist for ‘Dark Money’ Donors Is Helping His Campaign.
Center for Public Integrity – Laura Zornosa | Published: 7/8/2019
Montana Gov. Steve Bullock is staking his presidential campaign on battling “dark money.” But in August, Bullock is scheduled to visit Washington, D.C., for a closed-door campaign fundraiser co-hosted by 11 of the capital’s, including a federally registered lobbyist whose clients have contributed corporate cash to groups that do not disclose their donors, according to an invitation. Jay Driscoll, a Bullock friend and managing partner at lobbying firm Forbes-Tate, lobbied for 37 corporate clients during the first quarter of 2019 alone. The Center for Public Integrity in 2014 found nine of Driscoll’s current corporate lobbying clients had contributed to politically active nonprofit groups that do not voluntarily disclose their donors.
Study: Firm governance key as shareholders assess risk of political activity
Phys.org; Staff – | Published: 7/9/2019
It is the structure of a firm’s governance that may cause shareholders to walk away if they think they cannot hold the company accountable for its political activity, according to a new study. The research provides empirical evidence to inform the debate surrounding whether companies should be required to disclose details of their investments in political activities as a means of increasing accountability to both shareholders and the public. “The study clearly presents the various ways that U.S. companies can influence the political process via campaign finance and what risk it presents to the average investor because of the lack of transparency over the amounts spent,” said the study’s co-author, Hollis Skaife, an accounting professor at the University of California.
Trump Campaign Knew Consultant Was Behind Joe Biden Parody Site. Does That Make It a Campaign Finance Violation
Newsweek – Asher Stockler | Published: 7/9/2019
Multiple members of President Trump’s re-election campaign knew one of their colleagues was the creator of the Joe Biden parody site before his identity was disclosed recently, a campaign source familiar with the matter said. The New York Times revealed Trump campaign consultant Patrick Mauldin as the digital guru behind JoeBiden.info, a website “parody” of the Biden campaign that was designed to highlight unfavorable quotes and gaffes from the former vice president. While his campaign activities and his extracurricular activities appear to be separate functions, Mauldin’s dual status as a bona fide campaign worker and off-duty web guru raises the question of potential campaign finance violations.
Trump Can’t Block Critics from His Twitter Account, Appeals Court Rules
MSN – Charlie Savage (New York Times) | Published: 7/9/2019
President Trump cannot block his critics on Twitter, a federal appeals court ruled in a case that could affect officials’ communications with the public on social media. Because Trump uses Twitter to conduct government business, he cannot exclude some Americans from reading his posts, and engaging in conversations in the replies to them, because he does not like their views, a three-judge panel of the U.S. Court of Appeals for the Second Circuit ruled unanimously. The ruling was one of the highest-profile court decisions yet in a growing constellation of cases addressing what the First Amendment means in a time when political expression increasingly takes place online.
Warren and Whitehouse call for investigation into Chamber of Commerce
The Hill – Alex Gangitano | Published: 7/10/2019
U.S. Sens. Elizabeth Warren and Sheldon Whitehouse are calling for an investigation into whether the U.S. Chamber of Commerce is properly disclosing lobbying activities. The senators wrote a letter to the Secretary of the Senate and the Clerk of the House, where entities file lobbying disclosures, asking for a review of the Chamber’s reports to determine if they are in compliance with the Lobbying Disclosure Act (LDA). The senators reviewed the Chamber’s disclosures from 2008 through the first quarter of 2019 and claim that since the second quarter of 2016, the Chamber has failed to provide information on its affiliated organizations. The LDA requires a coalition or association disclose entities that contribute at least $5,000 a quarter to its lobbying activities and that actively participate in its lobbying activities.
White House Kills Key Drug Pricing Rule to Eliminate Hidden Rebates
Washington Post – Yasmeen Abutaleb | Published: 7/11/2019
The Trump administration pulled one of its key proposals to lower drug prices that would have eliminated rebates to middlemen in Medicare, which President Trump’s top health official had touted as one of the most significant changes to curb medicine costs for consumers. The rule is the second major drug pricing effort to get blocked recently, complicating the administration’s efforts to make lowering prescription medicine costs a key 2020 presidential campaign issue. Drug makers had favored the rule, but it was strongly opposed by pharmacy benefits managers.
Why the Trump White House Is Caught Up in the Jeffrey Epstein Scandal
MSN – Vivian Wang (New York Times) | Published: 7/7/2019
By the time Jeffrey Epstein, the billionaire financier and felon, was arrested recently and charged with sex trafficking, he had been repeatedly accused of pedophilia and sexual abuse for more than a decade. But Epstein, whose acquaintances include two presidents and multiple celebrities, had until then avoided federal prosecution. The case could shed new light not only on the allegations, which span years and countries, but also on the extent to which officials who have been linked to Epstein – including, most notably, President Trump and his labor secretary, Alexander Acosta — knew about or downplayed them.
From the States and Municipalities
California – California Bill Limits Spending by Local Government Groups
AP News – Kathleen Ronayne | Published: 7/9/2019
A California lawmaker wants to limit how local government associations can spend taxpayer money after two city councilors got into a brawl at a recent seminar put on by one of the groups. Assemblyperson Cristina Garcia’s bill targets groups that lobby on behalf of and hold education events for local governments. It specifically references the California Contract Cities Association, but it would also apply to groups such as the League of California Cities and the Independent Cities Association. The bill would prohibit them from using dues collected from cities for anything other than lobbying or expenses directly related to educational seminars. The groups would have to disclose how they spend their money.
Florida – Florida, the Sunshine State, Is Slow to Adopt Rooftop Solar Power
New York Times – Ivan Penn | Published: 7/7/2019
Florida calls itself the Sunshine State. But when it comes to the use of solar power, it trails 19 states, including not-so-sunny Massachusetts, New Jersey, and Maryland. Solar experts and environmentalists blame the state’s utilities. The utilities have hindered potential rivals seeking to offer residential solar power. They have spent tens of millions of dollars on lobbying, ad campaigns, and political contributions. And when homeowners purchase solar equipment, the utilities have delayed connecting the systems for months. In Florida, utilities make money on virtually all aspects of the electricity system – producing the power, transmitting it, selling it, and delivering it. Critics say the companies have much at stake in preserving that control.
Georgia – ‘Drag This Out as Long as Possible’: Former official faces rare criminal charges under open-records law
New York Times – Richard Fausset | Published: 7/8/2019
When he was mayor of Atlanta, Kasim Reed’s relationship with the news media was notoriously contentious. At one news conference, Reed responded to reporters’ requests for records by simultaneously releasing more than 1.4 million pages of documents on paper, stuffed into more than 400 boxes, some of them filled with blank sheets and minuscule spreadsheet printouts – a gesture interpreted by many in the local press corps as an act of nose-thumbing. His former press secretary, Jenna Garland, is now facing criminal charges for allegedly failing to comply with Georgia’s open records law. It is a rare predicament for an American government official, and the allegations will do little to allay investigative reporters’ worst suspicions about the spirit with which bureaucrats receive their nagging, but legal, records requests.
Massachusetts – New Disclosure System Creating Headaches for Lobbyists
Taunton Gazette – Matt Murphy (State House News Service) | Published: 7/11/2019
Multiple lobbyists said that over the course of the past week they have tried to input their data to comply with Massachusetts’ disclosure law – including bills that they are lobbying on, expenditures for clients, and campaign contributions – only to be unable to save their work, have the system crash, or see their data erased. Penalties for late filings start at $50 a day for the first week and grow to $100 after July 20. While a larger firm may be able to absorb some fines, one person who works in the industry said they have seen the bills mount for smaller clients, including non-profits, who are less familiar with their responsibilities to report.
Mississippi – Mississippi Politician Blocks Female Reporter from Campaign Trip
MSN – Karen Zraik (New York Times) | Published: 7/10/2019
State Rep. Robert Foster, who is running for governor of Mississippi, blocked a female reporter from shadowing him on a campaign trip “to avoid any situation that may evoke suspicion or compromise” his marriage. Larrison Campbell of Mississippi Today said Foster’s campaign manager, Colton Robison, told her a male colleague would need to accompany her on a 15-hour campaign trip around the state. In blocking the reporter, Foster invoked the “Billy Graham rule,” which refers to the Christian evangelist’s refusal to spend time alone with any woman who was not his wife. The practice has drawn renewed attention in recent years, especially after the resurfacing of a 2002 comment by Vice President Mike Pence that he would not eat alone with any woman other than his wife.
Missouri – ‘Dream for Fans of Corruption’: Greitens Confide ruling vexes transparency advocates
Kansas City Star – Jason Hancock | Published: 7/9/2019
A Cole County judge ruled former Gov. Eric Greitens did not violate Missouri’s Sunshine Law when he and his government staff used a self-destructing text message app called Confide. Circuit Court Judge Jon Beetem said because the text messages were automatically deleted, it meant they were never officially retained, and therefore were not covered by the law. There is no right for a private citizen to sue under the state’s record retention law, the judge said, so the lawsuit against the governor’s office that was filed in late 2017 could not move forward. “[Beetem’s decision] blows a giant hole in the Sunshine Law, and invites further deliberate, automatic destruction of records by public officials,” said Daxton Stewart, a journalism professor at Texas Christian University.
New York – Cuomo Signs a Bill to Allow Release of Trump’s State Tax Returns
New York Times – Jesse McKinley | Published: 7/8/2019
As the battle over President Trump’s federal taxes intensifies in Washington, New York Gov. Andrew Cuomo signed a bill to allow congressional committees to access the president’s state tax returns. The bill requires state tax officials to release the president’s state returns for any “specified and legitimate legislative purpose” on the request of the chairperson of one of three congressional committees. It is effective immediately, though it is unclear whether it would be challenged by the administration or used by the congressional committees. Still, the state tax documents from New York, the president’s home state and business headquarters, would likely contain much of the same information as the contested federal returns, tax experts say.
New York – Legendary ‘Three Stooges’ Were Briefly NY Campaign Donors
Albany Times Union – Chris Bragg | Published: 7/10/2019
Last year, a campaign account controlled by Nick Langworthy, the new chairperson of the New York State Republican Party, received nearly $13,000 in donations from “Moe Howard” and “Larry Howard,” and also made a $150 payment to “Curly Howard,” according to campaign finance records. A state GOP spokesperson said the Three Stooges’ listing in the campaign filings resulted from errors by the committee’s campaign treasurer, who had put the names in as “placeholders” for real, living peoples’ donations made through PayPal. The Stooges’ names were then accidentally left in place when reports were filed with the state Board of Elections.
North Dakota – North Dakota House Energy Committee Chairman Says Business Relationship with Lobbyist Unrelated to Legislative Work
Grand Forks Herald – John Hageman | Published: 7/8/2019
The chairperson of the North Dakota House’s energy committee defended a business relationship with the state’s top oil and gas lobbyist. Rep. Todd Porter and North Dakota Petroleum Council President Ron Ness are both listed in state records as partners in a commercial real estate investment group. Porter said the relationship does not affect his decision-making at the Capitol because the oil industry is unrelated to the property partnership, which he said includes 42 partners. He said he and Ness were friends “long before” he joined the Legislature in 1999.
Oklahoma – Stitt Outlaws State Agency Lobbyist Hiring with Executive Order
Tulsa World – Keaton Ross (The Oklahoman) | Published: 7/6/2019
Oklahoma Gov. Kevin Stitt issued an executive order that bars state agencies from hiring outside lobbyists as long as he remains in office. Stitt first addressed lobbying in state government in January, when he filed an executive order requiring all state agencies to submit a list of every lobbyist they hired and the terms of their contract. This order also prohibited agencies from entering into, or renewing, any contract with a lobbyist through the duration of Fiscal Year 2019. A total of 35 state agencies hired lobbyists last fiscal year. Some paid local public relations firms, while others consulted with individuals.
Oregon – Political Theater Overshadows Policy; Some Fear Oregon’s Drift Toward D.C. Politics
Salem Statesman-Journal – Connor Radnovich | Published: 7/3/2019
Bookended by concerns about safety in the Oregon Capitol and packed in the middle with partisan squabbling that exploded into a pair of Senate Republican walkouts, 2019 was one of the most contentious sessions in recent history. There is concern among legislative leaders it could get worse. Senate President Peter Courtney said lawmakers across the country are starting to mimic the “legislative anarchy” he sees in Congress, and without a functioning legislative branch, he fears over-powered executives. In February, the Legislature agreed to pay more than $1 million in damages after an investigation by the Bureau of Labor and Industries determined legislative leadership created a hostile workplace by allowing sexual harassment to continue unabated for years against lawmakers, interns, staff, and lobbyists.
July 11, 2019 •
Thursday’s LobbyComply News Roundup
Campaign Finance National: “Trump Campaign Knew Consultant Was Behind Joe Biden Parody Site. Does That Make It a Campaign Finance Violation” by Asher Stockler for Newsweek National: “GOP at War Over Fundraising” by Alex Isenstadt for Politico California: “Insurance Commissioner […]
Campaign Finance
National: “Trump Campaign Knew Consultant Was Behind Joe Biden Parody Site. Does That Make It a Campaign Finance Violation” by Asher Stockler for Newsweek
National: “GOP at War Over Fundraising” by Alex Isenstadt for Politico
California: “Insurance Commissioner Will Return Funds from Companies with Ties to Industry He Regulates” by Jeff McDonald for San Diego Union-Tribune
Maine: “New Group Uses Exploited Advocacy Rules to ‘Educate’ Mainers About Sen. Collins” by Steve Mistler for Maine Public Radio
Ethics
National: “Study: Firm governance key as shareholders assess risk of political activity” by for Phys.org; Staff
National: “Appeals Court Tosses Emoluments Suit Against Trump” by Jpsh Gerstein for Politico
National: “Federal Judge Rejects Trump Administration’s Bid to Swap Out Lawyers for Census Case on Citizenship Question” by Matt Zapotosky, Seung Min Kim, and Tara Bahrampour (Washington Post) for Duluth News Tribune
Missouri: “Former Sen. Hutchinson Pleads Guilty to Bribery in Missouri Federal Court” by Wesley Brown for talkbusiness.net
Lobbying
National: “In the Aftermath of Khashoggi’s Murder, Saudi Influence Machine Whirs on in Washington” by Beth Reinhard, Jonathan O’Connell, and Tom Hamburger (Washington Post) for Stamford Advocate
California: “California Bill Limits Spending by Local Government Groups” by Kathleen Ronayne for AP News
July 10, 2019 •
Wednesday’s LobbyComply News Roundup
Campaign Finance National: “Rep. Duncan Hunter’s ‘Deep State’ Defense Falls Apart” by Emily Kopp for Roll Call New York: “Cautious Optimism Among Reformers After State Public Campaign Financing Commission Named” by Ethan Geringer-Sameth for Gotham Gazette Elections National: “‘It Can’t […]
Campaign Finance
National: “Rep. Duncan Hunter’s ‘Deep State’ Defense Falls Apart” by Emily Kopp for Roll Call
New York: “Cautious Optimism Among Reformers After State Public Campaign Financing Commission Named” by Ethan Geringer-Sameth for Gotham Gazette
Elections
National: “‘It Can’t Be Worse’: How Republican women are trying to rebuild” by Maggie Astor for New York Times
National: “Elizabeth Warren Shuns Conventional Wisdom for a New Kind of Campaign” by Alex Thompson for Politico
Ethics
National: “President Trump Cannot Block His Critics on Twitter, Federal Appeals Court Rules” by Ann Marimow for Washington Post
Missouri: “Former Missouri Gov. Greitens’ Use of Confide Didn’t Violate Sunshine Law, Judge Says” by Jason Hancock for Kansas City Star
North Dakota: “North Dakota House Energy Committee Chairman Says Business Relationship with Lobbyist Unrelated to Legislative Work” by John Hageman for Grand Forks Herald
Lobbying
National: “Female Tech Lobbyists Shake Up Industry” by Alex Gangitano for The Hill
July 9, 2019 •
Tuesday’s LobbyComply News Roundup
Campaign Finance National: “Political Fundraising App Wants to Make Donations a Social Experience” by Sara Swann for Fulcrom Colorado: “Campaign Finance Laws Have More Bite for Enforcement” by Charles Ashby for Grand Junction Sentinel Ethics National: “AP: Federal grand jury […]
Campaign Finance
National: “Political Fundraising App Wants to Make Donations a Social Experience” by Sara Swann for Fulcrom
Colorado: “Campaign Finance Laws Have More Bite for Enforcement” by Charles Ashby for Grand Junction Sentinel
Ethics
National: “AP: Federal grand jury probing GOP fundraiser Elliott Broidy” by Jim Mustian and Desmond Butler for AP News
National: “Why the Trump White House Is Caught Up in the Jeffrey Epstein Scandal” by Vivian Wang (New York Times) for MSN
Georgia: “‘Drag This Out as Long as Possible’: Former official faces rare criminal charges under open-records law” by Richard Fausset for New York Times
New York: “Cuomo Signs a Bill to Allow Release of Trump’s State Tax Returns” by Jesse McKinley for New York Times
Lobbying
National: “2020 Democrats Vow to Get Tough on Lobbyists” by Alex Gangitano for The Hill
Florida: “Florida, the Sunshine State, Is Slow to Adopt Rooftop Solar Power” by Ivan Penn for New York Times
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