National/Federal

A Century-Old Law’s Aftershocks Are Still Felt at the Supreme Court

DNyuz – Adam Liptak (New York Times) | Published: 12/9/2024

In February 1925, Chief Justice William Howard Taft persuaded Congress to grant the Supreme Court an extraordinary power: to pick which cases it would decide. Most courts do not get to choose the cases they will hear, and their central task is to resolve disputes one at a time. The Supreme Court understands its job to be different – to announce legal principles that will apply in countless cases. The law effectively changed the court into a policymaking body, and the nation has yet to come to terms with “the immense powers of this new role,” Yale Law School professor Robert Post wrote in a new study.

Realtors’ Nonprofit Is Politically Motivated, Some Say

DNyuz – Debra Kamin (New York Times) | Published: 12/9/2024

The National Association of Realtors (NAR), the largest trade organization in the U.S., wields substantial influence over the American housing industry. To help hold on to that power, it also runs one of the biggest PACs, routinely outspending corporations. The PAC supports candidates who are in line with NAR’s positions, regardless of party, and its spending is bipartisan. But about five years ago, NAR quietly created an affiliate nonprofit called the American Property Owners Alliance, and its spending tells a different story.

After N.R.A.’s Supreme Court Win, a Dispute Over Key Facts

DNyuz – Danny Hakim (New York Times) | Published: 12/9/2024

The Supreme Court ruled unanimously that the National Rifle Association (NRA) could pursue its claim that a New York regulator had infringed on its First Amendment rights when she sought to discourage insurers and banks from doing business with the group after the 2018 school massacre in Parkland, Florida. But the two women said to be the primary participants in a secret meeting described in the complaint, and pivotal to the Supreme Court ruling, say it never took place. The case before the high court was a test of how far government advocacy could go before crossing a line into coercion.

FBI Director Christopher Wray Says He Will Resign Before Trump Takes Office

MSN – Perry Stein (Washington Post) | Published: 12/11/2024

FBI Director Christopher Wray announced he would resign from his position at the end of the Biden administration, stepping down as the leader of the 35,000-person law enforcement bureau before Donald Trump takes office and can fire him. Wray’s resignation comes seven years into his 10-year term, a tenure that is meant to span multiple administrations and is intentionally longer than other executive branch appointments to avoid politicization of the FBI. Trump had announced he would nominate loyalist Kash Patel to serve as FBI director, sending a message to Wray that he should either resign or prepare to be fired.

Supreme Court Divided Over Government Contracting Fraud Conviction

MSN – Ann Marimow (Washington Post) | Published: 12/9/2024

The Supreme Court appeared divided over whether to uphold the conviction of a government contractor found guilty of defrauding a state transportation program intended to promote diversity. The court has repeatedly expressed skepticism of federal prosecutions for too broadly applying criminal statutes to combat public corruption and other white-collar crimes. The ruling in the contracting case could affect how federal prosecutors pursue other fraud cases.

Judge Rejects Sale of Alex Jones’ Infowars to The Onion in Dispute Over Bankruptcy Auction

MSN – Dave Collins (Associated Press) | Published: 12/11/2024

A federal judge rejected the auction sale of Alex Jones’ Infowars to The Onion satirical news outlet, criticizing the bidding process as flawed and the amount of money that families of the Sandy Hook Elementary shooting stood to receive. The Onion had been named the winning bidder over a company affiliated with Jones, whose conspiracy theory platform was put up for sale as part of his bankruptcy case stemming from the nearly $1.5 billion that courts have ordered him to pay over falsely calling one of the deadliest school shootings in U.S. history a hoax.

House Rejects Democratic Efforts to Force Release of Matt Gaetz Ethics Report

MSN – Farnoush Amiri (Associated Press) | Published: 12/5/2024

The House shut down Democrats’ efforts to release the long-awaited ethics report into former Rep. Matt Gaetz, pushing the fate of any resolution to the years-long investigation of sexual misconduct allegations into further uncertainty. The nearly party-line votes came after Democrats had been pressing for the findings to be published even though Gaetz left Congress and withdrew as Donald Trump’s nominee for attorney general for attorney general. Rep. Tom McClintock was the sole Republican to support the effort.

White House Weighs Preemptive Pardons for Potential Trump Targets

MSN – Tyler Pager and Meryl Kornfield (Washington Post) | Published: 12/5/2024

President Biden is weighing whether to grant preemptive pardons to individuals who might be targeted by the incoming Trump administration. Biden’s senior staffers have been increasingly alarmed by Trump’s picks for key law enforcement positions, such as Kash Patel, the choice for FBI director, who has urged retribution against Trump’s adversaries and critics. Other Democrats worry that Biden risks muddying the waters and leading voters to conclude both sides are simply using the legal system for their own ends.

Elon Musk Is Now America’s Largest Political Donor

MSN – Trisha Thadani and Clara Ence Morse (Washington Post) | Published: 12/6/2024

Elon Musk gave at least $277 million in campaign donations this year to back Donald Trump and other Republican candidates, making him the largest political donor in the 2024 election cycle. Musk’s total for the cycle is the largest from a single donor since at least 2010, outside of candidates funding their own campaigns.

Bill to Protect Journalists from Revealing Sources Is ‘on Life Support’

MSN – Jeremy Barr (Washington Post) | Published: 12/11/2024

Legislation that would create a federal shield law protecting journalists from being forced to reveal their confidential sources, the Protect Reporters From Exploitative State Spying Act, is facing a dim future after an attempt in the Senate to expeditiously pass the bill failed. The bill passed the House in January but has been stalled in the Senate Judiciary Committee. It has been championed by a coalition of press advocacy groups and news organizations that view it as essential for safeguarding the use of confidential sources in public interest reporting.

Watchdog Faults DOJ in Trump’s First Term for Secretly Obtaining Records of Lawmakers and Journalists

MSN – Josh Gerstein and Kyle Cheney (Politico) | Published: 12/10/2024

The Justice Department during Donald Trump’s first term failed to comply with its own procedures when it sought journalists’ phone and email records in leak investigations, according to a watchdog report. The department also never conducted any high-level review as it swept up the records of 43 congressional staffers and two Democratic House members, the report found. Inspector General Michael Horowitz said he found no evidence that federal prosecutors got express approval from then-Attorney General Bill Barr or told federal courts the subpoenas were for records of lawmakers and their aides.

Foster Advocacy Group Denies That Arrested Member Assaulted Rep. Nancy Mace

MSN – Peter Hermann and Keith Alexander (Washington Post) | Published: 12/11/2024

The head of a foster-care advocacy group is disputing allegations that one of its members assaulted U.S. Rep. Nancy Mace during a reception at the Rayburn House Office Building, saying the two merely shook hands during what appeared to be an amicable greeting. Capitol Police said James McIntyre, co-founder of the Illinois chapter of Foster Care Alumni of America, was charged with assaulting a government official.

Trump May Have Dodged His Criminal Case – but a Slew of Civil Lawsuits Loom

MSN – Josh Gerstein and Kyle Cheney (Politico) | Published: 12/8/2024

Donald Trump is not off the hook for January 6 just yet. Though the criminal cases against him are all but dead, Trump is likely to be fighting eight civil lawsuits, from members of Congress and injured police officers, deep into his second term. They may be the last form of legal redress Trump faces for his role in spurring the Capitol riot. Trump’s election effectively scuttled special counsel Jack Smith’s prosecution of Trump, but a Supreme Court ruling says civil litigation can proceed against a sitting president.

Supreme Court Justice Recuses Himself from Utah Railroad Case Tied to Colorado Billionaire

Salt Lake Tribune – Charlie Savage (New York Times) | Published: 12/6/2024

Supreme Court Justice Neil Gorsuch recently recused himself from a case after ethics watchdogs and Democratic lawmakers urged him to step aside because the outcome will likely affect the financial interests of a billionaire to whom he has long-standing ties. Legislation to impose an ethics code on the justices has stalled, but in 2023, the court unanimously adopted its first code of conduct. The New York Times has reported that in internal debate over the code, Gorsuch insisted it contain no enforcement mechanism beyond voluntary compliance.

From the States and Municipalities

California – Inside a Campaign Donor’s Journey to Get Her Money Back from Nathan Fletcher

KPBS – Scott Rodd | Published: 12/9/2024

San Diego resident Yvonne Elkin was determined to get her $100 dollars back. Elkin gave the money to former San Diego County Supervisor Nathan Fletcher last year when he announced his run for the California Senate. Then Fletcher dropped out of the race amid allegations of sexual assault. It was enough to change Elkin’s mind about Fletcher. But getting back a campaign contribution is not so simple. Political donors in California can ask for their donations back. But in nearly all cases, under state law, it is up to the candidate to decide.

California – S.F. Agencies Cuts Ties with Major Nonprofit Accused of Enriching a Former Department Head

MSN – St. John Barned-Smith and Michael Barba (San Francisco Chronicle) | Published: 12/10/2024

San Francisco city officials are cutting ties with a major nonprofit contractor after an investigation found the organization enriched a former department head who directed more than $1 million in city funds to the group. Two city departments canceled various contracts with Collective Impact over what officials described as “significant conflicts of interest” between the nonprofit and Sheryl Davis, the former executive director of the San Francisco Human Rights Commission.

California – LA Times Owner Plans to Add AI-Powered ‘Bias Meter’ on News Stories, Sparking Newsroom Backlash

MSN – Liam Reilly and Jon Passantino (CNN) | Published: 12/5/2024

Los Angeles Times owner Patrick Soon-Shiong, who blocked the newspaper’s endorsement of Kamala Harris and plans to overhaul its editorial board, says he will implement an artificial intelligence-powered “bias meter” on the paper’s news articles to provide readers with “both sides” of a story. Soon-Shiong said major publishers have so far failed to adequately separate news and opinion, which he suggested “could be the downfall of what now people call mainstream media.”

Colorado – Ethics Commission: Rick Palacio violated state law by contracting with Gov Jared Polis’ office

Colorado Politics – Marianne Goodland | Published: 12/10/2024

The Colorado Independent Ethics Commission ruled Rick Palacio, a former chief of staff to Gov. Jared Polis, violated state law by contracting with the governor’s office within six months of his departure. The commission did not fine Palacio and dismissed another claim that he had “double-dipped” as both a contractor and state employee.

Colorado – Colorado Court Rules Ethics Commission Can’t Assert Jurisdiction Over Local Governments

Colorado Politics – Marianne Goodland | Published: 12/9/2024

A Denver District Court judge upheld a decision of the state Court of Appeals regarding whether the Colorado Ethics Commission can assert jurisdiction over local governments that have their own ethics code. The decision could end an eight-year fight over ethics complaints filed against the mayor of Glendale, the origin of the city’s challenge to the commission’s claims of jurisdiction. It could also end the ethics commission’s decisions to assert jurisdiction over home rule governments on ethics.

Colorado – State Sen. Jaquez Lewis Removed from Committees; Dems Plan Ethics Investigation Over Treatment of Staff

Colorado Public Radio – Bente Birkeland | Published: 12/8/2024

Colorado Senate leaders said they would approve an ethics investigation next session into state Sen. Sonya Jaquez Lewis’ treatment of legislative aides and are removing her from serving on any committees when lawmakers return to the Capitol in January. Democratic leaders recently banned Jaquez Lewis from receiving state funds to hire staff following a recent complaint that she used campaign funds to pay aides to do personal work.

Connecticut – ‘Not a Dirty Word’: State ethics office tracks lobbyists; $34.8M spent in 2024 as of mid-Nov.

Hartford Business Journal – David Krechevsky | Published: 12/9/2024

Among other things, the Connecticut Office of State Ethics regulates and enforces the rules on the people and organizations that register each year to lobby state legislators and agencies. It also conducts audits and imposes penalties on those who fail to comply. “Our role is simply to provide transparency to the process,” said Pete Lewandowski, executive director of the ethics agency.

District of Columbia – D.C. Council Quietly Renames Bills to Avoid Scrutiny from Trump, Congress

MSN – Emily Davies and Meagan Flynn (Washington Post) | Published: 12/8/2024

Before Republicans won control of the House, Senate, and presidency in November, the District of Columbia Council was preparing to pass several pieces of legislation that threatened to draw the ire of the GOP. Now, with Donald Trump headed back to the Oval Office and his party set to control Congress, the city’s lawmakers are quietly making edits to the titles. It is part of a strategic effort across the government to adopt a more neutral posture on sensitive issues in hopes of avoiding a GOP backlash, according to Council Chairperson Phil Mendelson.

Florida – Mayor’s Office: Attending party on Shad Khan’s Kismet allowed by gift law restrictions

MSN – David Bauerlein (Florida Times-Union) | Published: 12/6/2024

The value of the food and beverages served by the Jacksonville Jaguars during a holiday party on team owner Shad Khan’s yacht fits within what elected officials such a Mayor Donna Deegan and city council members can accept for complying with gift law restrictions, according to a ethics watchdog who advises Deegan. Florida law allows Deegan and council members to accept gifts from entities that do business with the city or lobby the city, such as the Jaguars, but the value of a gift cannot exceed $100, said Carla Miller, who previously spent years as the city’s ethics director.

Florida – Moms for Liberty Co-Founder Selected as Vice Chair of Florida Commission on Ethics

Tallahassee Democrat – Douglas Soule (USA Today) | Published: 12/11/2024

Not waiting to see if the Senate confirms her appointment, the Florida Commission on Ethics unanimously selected conservative Moms for Liberty co-founder Tina Descovich as its new vice-chairperson. Descovich, a former Brevard County School Board member, has served on the commission since Gov. Ron DeSantis appointed her last year. The Senate did not confirm her during the 2024 legislative session. Concerns were raised that Descovich’s work counted as lobbying, which would conflict with a role on the commission.

Georgia – Atlanta’s Inspector General Sued by City Contractor Over Investigation

WAGA – Staff | Published: 12/10/2024

Atlanta Inspector General Shannon Manigault is being sued by a city contractor whose name surfaced during a year-long investigation by her office. The vendor’s attorney says Manigault overstepped her boundaries and is not following the law while trying to investigate possible financial connections between vendors and Atlanta officials. The city council unanimously renewed Bernie Tokarz’s contract, and the state ethics commission dismissed Manigault’s complaint.

Illinois – AT&T’s Involvement in Illinois Politics Takes Focus in Mike Madigan Corruption Trial

Courthouse News – Dave Byrnes | Published: 12/11/2024

The corruption trial of former Illinois House Speaker Mike Madigan continued as U.S. attorneys probed the extent of AT&T’s involvement with the state’s politics. The government claims AT&T Illinois offered ex-state Rep. Eddie Acevedo a do-nothing subcontractor gig worth $22,500 in April 2017, through a firm owned by lobbyist Tom Cullen, also a longtime Madigan ally and political operative. Internal AT&T documents stated the funds were meant to cover Cullen’s firm taking on “an additional asset.” Prosecutors say that asset was Eddie Acevedo.

Louisiana – Former State Legislator from Gov. Landry’s Home Parish Nominated for Ethics Board

Yahoo News – Julie O’Donoghue (Louisiana Illuminator) | Published: 12/11/2024

The Louisiana House of Representatives has nominated only one person so far to fill its open ethics board seat – former state Rep. Mike Huval, who is friends with Gov. Jeff Landry. Other than the one late campaign finance report, which is not unusual for elected officials, Huval said he has not had any run-ins with the ethics board. The governor and legislators rewrote state law earlier this year to change the board’s makeup.

Louisiana – Louisiana Ethics Board Hires New Top Staff Member on a Temporary Basis after Pushback

Yahoo News – Julie O’Donoghue (Louisiana Illuminator) | Published: 12/6/2024

The Louisiana Board of Ethics voted one of its own staff attorneys in as the state’s new ethics administrator after unprecedented pushback from legislative leaders and Attorney General Liz Murrill to filling the position. The appointment of David Bordelon was made on an interim basis, however, allowing the board to reverse itself when new members that Gov. Jeff Landry and lawmakers appoint join the board in 2025. Bordelon will start the job after December 27, when longtime ethics administrator Kathleen Allen retires.

Massachusetts – Boston City Councilor Tania Fernandes Anderson Arrested by Feds on Corruption Charges

MSN – Chris Van Buskirk, Gayla Cawley, and Joe Dwinell (Boston Herald) | Published: 12/6/2024

Boston City Councilor Tania Fernandes Anderson was indicted on five counts of aiding and abetting wire fraud and one count of aiding and abetting theft concerning a program receiving federal funds. The councilor hired a staff member in 2022 who was related to her and agreed to give the person a $13,000 bonus, most of which they would kickback to Fernandes Anderson, according to the indictment. Fernandes Anderson is paid $115,000 a year as a city councilor, but the feds say she was having money problems.

Missouri – Kansas City Mayor Accused of Skirting City Gift Ban by Using Nonprofit to Pay for Travel

Yahoo News – Allison Kite (Kansas Reflector) | Published: 12/5/2024

The cost of a trip to the Super Bowl in Arizona for Kansas City Mayor Quinton Lucas, a top aide, and two members of the mayor’s security detail was covered by a $24,000 check from the Heavy Constructors Association, a politically connected trade group. The price of the trip and the payment were never made public. That is because the mayor and his now-former chief of staff, Morgan Said, ran the spending and donation through the Mayors Corps of Progress for a Greater Kansas City Inc., a nonprofit that helps attract economic development to the city and is not required to disclose its financials.

Missouri – Missouri Ethics Commission Fines Past SPS Board Candidates for Campaign Finance Violations

Yahoo News – Claudette Riley (Springfield News-Leader) | Published: 12/10/2024

The Missouri Ethics Commission found “reasonable grounds” that Springfield school board candidates Landon McCarter and Chad Rollins violated campaign finance laws in connection with billboards placed around the city on their behalf. McCarter and Rollins each reported an in-kind contribution of $7,500 in January. The limited liability company that contributed was not classified as a corporation under federal tax code, and it was not registered with the Ethics Commission, a required step.

Missouri – Missouri Judge Dismisses Whistleblower Lawsuit Against Top Republican Lawmaker

Yahoo News – Kacen Bayless (Kansas City Star) | Published: 12/11/2024

A judge dismissed a whistleblower lawsuit filed against Speaker Dean Plocher that alleged he used his power to retaliate against a top employee of the Missouri House. The lawsuit by Dana Miller, chief clerk of the House, alleged a damning portrait of Plocher, arguing he threatened and retaliated against Miller and other staffers amid a slew of scandals Plocher faced in his final session as speaker.

Montana – Auditors Say Montana’s System of Tracking Lobbyists Broken

Yahoo News – Darrell Ehrlick (Daily Montanan) | Published: 12/5/2024

A report from the Legislative Audit Division said Montana lagged behind most states when it comes to tracking activity by lobbyists. It found there is no mechanism to check the accuracy of disclosure reports, and the system’s two databases often had conflicting or inconsistent information. Moreover, the Commissioner of Political Practices Office has never used the auditing power granted to it by state law to investigate lobbyist’s reports or enforce penalties on those who did not conform to state law.

New York – Half of Mayor Adams’ Latest Matching Campaign Fund Claims Deemed ‘Invalid’

Yahoo News – Chris Sommerfeldt (New York Daily News) | Published: 12/10/2024

Half of the claims for public matching funds that Mayor Eric Adams’ reelection campaign submitted in the most recent reporting period were deemed “invalid” by the New York City Campaign Finance Board (CFB), the highest rejection rate that the mayor’s team has faced to date. The CFB is weighing whether to give Adams’ 2025 campaign any matching funds at all amid his federal indictment on charges alleging he took illegal political donations and bribes, mostly from Turkish government operatives.

North Carolina – Public Left in the Dark After NC Legislators Made Campaign Donation Probes Secret

MSN – Dan Kane (Raleigh News & Observer) | Published: 12/12/2024

A bill passed in 2018 funneled campaign finance investigations in North Carolina into a new, secret, and drawn-out process. In the six years since the law passed, not a single campaign finance charge has been filed by a state prosecutor, state election officials and campaign watchdogs say. In the six years prior, state election board hearings on campaign finance complaints were steps to criminal convictions against two lawmakers.

North Carolina – North Carolina GOP Changes Election Rules Before Losing Supermajority

MSN – Patrick Marley (Washington Post) | Published: 12/11/2024

Republicans in North Carolina’s Legislature overrode a veto to give one of their allies control over the state’s elections board, rewrite ballot-counting rules, and chip away at the power of the incoming Democratic governor. The move came as Republicans sought to claim three seats in the Legislature and a spot on the state Supreme Court by throwing out tens of thousands of ballots in races they lost in November. The state Democratic Party is fighting that effort by asking a federal judge to ensure votes do not get tossed because of administrative errors.

Oklahoma – Roundup: Turnpike Authority considers toll hikes, Ethics Commission mulls rule changes, Hiett still besieged

NonDoc – Michael McNutt | Published: 12/9/2024

A new state database used for reporting and tracking campaign financial information and lobbyist registrations is expected to be ready for use by June 2025. The Oklahoma Ethics Commission gave the agency’s executive director approval to sign a contract with RFD & Associated to replace the outdated and antiquated “Guardian” electronic filing system. Commissioners also held a hearing on 13 proposed ethics rule amendments, several of which were generated from a report of a campaign finance task force created by Gov. Kevin Stitt.

Tennessee – Tennessee Sen. Yager to Refund Campaign Account for State-Paid Mileage ‘Oversight’

Yahoo News – Cassandra Stephenson (Tennessee Lookout) | Published: 12/11/2024

Tennessee Sen. Kenneth Yager’s recent arrest while driving a campaign-funded car on a vacation in Georgia sheds renewed light on the pitfalls of lawmakers’ not-uncommon practice of dipping into campaign finances to lease or purchase vehicles. State law does not prohibit this but does require lawmakers to keep records of vehicle use and reimburse their campaign accounts for any mileage payments they receive from the state and any personal use of the vehicle.

Virginia – Va. Library Survived Battle Over LGBTQ+ Books. Now, It Faces a New Threat.

MSN – Gregory Schneider (Washington Post) | Published: 12/11/2024

The Warren County Board of Supervisors voted to take greater control over Samuels Public Library, which was honored as Virginia’s 2024 Library of the Year but has clashed with conservative county leaders over LGBTQ+-themed books and now finds its future plunged into uncertainty. The supervisors voted to create a new library board to oversee policy and budget.  The effort to exert political control over the independent, nonprofit library drew national attention   last year when a small group of residents waged a campaign against LGBTQ+ books primarily aimed at young readers.

Wisconsin – Trump Lawyers and Aide Hit with 10 Additional Charges in Wisconsin Over 2020 Fake Electors

MSN – Scott Bauer (Associated Press) | Published: 12/10/2024

Wisconsin prosecutors filed 10 additional felony charges against two attorneys and an aide to Donald Trump who advised Trump in 2020 as part of a plan to submit paperwork falsely claiming he won the battleground state that year. The amended charges against Jim Troupis, who was Trump’s attorney in Wisconsin, Kenneth Chesebro, an attorney who advised the campaign, and Mike Roman, Trump’s director of Election Day operations in 2020, are for using forgery to defraud each of the 10 Republican electors who cast their ballots for Trump that year.