December 20, 2024 •
News You Can Use Digest – December 20, 2024
National/Federal
A Constitutional Convention? Some Democrats Fear It’s Coming.
DNyuz – Heather Knight and Katr Selig (New York Times) | Published: 12/16/2024
As Republicans prepare to take control of Congress and the White House, among the many scenarios keeping Democrats up at night is an event that many Americans consider a historical relic: a constitutional convention. The 1787 gathering in Philadelphia to write the Constitution was the only time state representatives have convened to work on the document. But a line in the Constitution allows Congress to convene a rewrite session if two-thirds of state Legislatures have called for one. Most states have long-forgotten requests that could be enough to trigger a new constitutional convention, some scholars and politicians believe.
New Watchdog Group Seeks Records About Efficiency Department’s Talks with Agencies
DNyuz – David Fahrenthold (New York Times) | Published: 12/18/2024
A watchdog nonprofit said it was asking 16 federal agencies to detail any interactions they have had with Elon Musk’s new budget-cutting effort. The State Democracy Defenders Fund was founded by Norman Eisen, who was an ethics official during the Obama administration. The group says its initial focus during the Trump administration will be the Department of Government Efficiency Department, which is not a government department, but a loosely organized effort run by Musk and another wealthy entrepreneur, Vivek Ramaswamy.
Justice Dept. Is Examining Special-Counsel Team That Investigated Trump
MSN – Perry Stein and Jacqueline Alemany (Washington Post) | Published: 12/18/2024
The Justice Department is conducting an internal review to determine whether special counsel Jack Smith and his team of prosecutors ran afoul of any agency regulations when prosecuting Donald Trump. The Office of Professional Responsibility opened the review after a prosecutor reported a defense attorney in one of Trump’s cases had accused him of misconduct. It is standard procedure for Justice Department prosecutors to make such reports when wrongdoing is alleged. The initiation of an internal review does not suggest the Justice Department believes any wrongdoing occurred.
More Former Members of Congress Win Election for Lower Office This Year
MSN – Nathan Gonzales (Roll Call) | Published: 12/18/2024
While hundreds of candidates spend tens of millions of dollars trying to get to Capitol Hill, a handful of lawmakers willingly leave Congress each cycle and run for state or local office. Inside the Beltway, the move is often portrayed as a demotion, but some of these former members find themselves representing more people in their new roles, along with having more influence and a better quality of life than when they served in Washington.
Opaque Nonprofit Donation to Shadowy Super PAC Raises ‘Several Red Flags’
MSN – Taylor Giorno (The Hill) | Published: 12/12/2024
The super PAC Save Western Culture drew scrutiny ahead of the election as it spent nearly $1.4 million on controversial ads, mailers, and robocalls that boosted libertarian candidates and attacked Republicans in battleground Senate and House races, helping Democrats clinch some key seats. A $1.6 million donation the super PAC’s sole source of funding, from a newly formed nonprofit called Stop China Now Inc. was not disclosed until after Election Day.
Thirteen 2020 Fake Electors Will Cast Real Electoral College Votes for Trump on Tuesday
MSN – Marshall Cohen (CNN) | Published: 12/17/2024
Thirteen Republicans who participated in the 2020 fake electors plot, including some who are facing criminal charges, cast real Electoral College votes for President-elect Donald Trump, as electors in the states finalize his victory. The voting is largely ceremonial, but serving as an elector is an honor often bestowed upon party leaders and respected community members, not alleged criminals.
Judges Punt Retirement Plans After Trump Win, Raising Ethics Questions
MSN – Ella Lee (The Hill) | Published: 12/18/2024
A handful of federal judges appointed by Democrats have put off retirement plans in the wake of Donald Trump’s election victory, raising questions about the ethics of their decisions as judicial vacancies for the next administration dwindle. Legal experts said judges have discretion to decide when to retire, and while walk-backs are rare, it has become increasingly common to hinge those decisions on who is in the White House to pick their successors and in the Senate to confirm them.
House Ethics Committee Set to Release Investigation Report on Matt Gaetz
MSN – Jacqueline Alemany and Marianna Sotomayor (Washington Post) | Published: 12/18/2024
The House Committee on Ethic is set to release its report on former U.S. Rep. Matt Gaetz, a reversal for the panel that previously voted along party lines not to release the results of a long-running investigation into allegations of sexual misconduct and drug use. The committee’s turnaround was the culmination of a contentious debate over whether to release the report after Gaetz had resigned from Congress and withdrawn from consideration for attorney general.
New Charges Target Ex-Miami Congressman for Lobbying on Behalf of Sanctioned Venezuelan Tycoon
MSN – Joshua Goodman (Associated Press) | Published: 12/18/2024
A federal grand jury returned an indictment against former David Rivera for failing to register as a foreign agent of a sanctioned Venezuelan media tycoon on whose behalf the former member of Congress allegedly lobbied the Trump administration. The indictment is the second set of criminal charges to examine Rivera’s relationship with Raúl Gorrín, a billionaire businessperson charged in 2018 and again in 2024 with bribing senior Venezuelan officials in corrupt deals to embezzle state funds from Nicolas Maduro’s administration.
Trump and His Picks Threaten More Lawsuits Over Critical Coverage
Seattle Times – David Enrich (New York Times) | Published: 12/15/2024
A flurry of threatened defamation lawsuits is the latest sign the incoming Trump administration appears poised to do what it can to crack down on unfavorable media coverage. Before and after the election, Trump and his allies have discussed subpoenaing news organizations, prosecuting journalists and their sources, revoking networks’ broadcast licenses, and eliminating funding for public radio and television.
Massages and Country Clubs: Customer bills may be funding power companies’ lavish perks
Yahoo News – Mario Alejandro Ariza (Floodlight) | Published: 12/12/2024
Power companies across the country have been quietly trying to charge their customers for millions of dollars’ worth of luxury expenses, including access to exclusive country clubs and private jet travel, according to a new report from the Energy and Policy Institute , a utility watchdog. The regulated companies are only supposed to charge for expenses that directly benefit customers, such as upgrades to the electric grid. But the regulatory system allows gas and electric companies to also charge nonessential lobbying and advertising costs into customers’ electric bills, the report found.
From the States and Municipalities
Arizona – GOP-Linked Groups Want Court to End Voter-Approved Campaign Finance Requirements
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 12/16/2024
Two groups that support Republicans are making a last-ditch effort to have the Arizona Supreme Court end campaign finance requirements that voters have approved. The goal of their legal effort is to let them keep secret who really is funding their efforts to influence elections. Lawyers for the Arizona Free Enterprise Club and the Center for Arizona Policy argue Proposition 211, adopted by voters in 2022, violates the free speech clause in the state constitution.
California – Los Angeles Times Owner Wades Deeper into Opinion Section
DNyuz – Katie Robinson (New York Times) | Published: 12/12/2024
After Donald Trump announced a cascade of cabinet picks, the Los Angeles Times prepared an editorial arguing the Senate should follow its traditional process for confirming nominees, particularly given the editorial board’s concerns about some of his picks and ignore Trump’s call for recess appointments. But the newspaper’s owner, Dr. Patrick Soon-Shiong, told the opinion department’s leaders the editorial could not be published unless the paper also published an editorial with an opposing view.
California – Sales Tax Hike May Head to Special Election in April. Oakland Public Watchdog Funding Will Not
MSN – Eli Wolfe (Oaklandside) | Published: 12/16/2024
The Oakland City council voted down a proposal to increase funding for the city’s oversight bodies, which carry out duties ranging from monitoring the police department to enforcing campaign finance rules. The tax would have raised $23.2 million yearly to fund the Public Ethics Commission, the city auditor, and two arms of the Oakland Police Commission. Good government advocates said these groups would be better shielded from political meddling if they had funding from dedicated tax dollars instead of relying on money from the general purpose fund, which the council has significant control over.
California – New Stanton City Council Nixes Tightest Campaign Finance Rules in OC
Voice of OC – Hosam Elattar | Published: 12/17/2024
The Stanton City Council decided to get rid of an ordinance before it went into effect that would have been the strongest campaign finance law in Orange County minutes after two new council members were sworn into office. Mayor David Shawver, who earlier voted in support of the ordinance, argued it was contrary to state law and would leave the city liable to lawsuits.
California – California Lawmaker Questioned in Sprawling Cannabis Corruption Investigation
Yahoo News – Anabel Sosa (Los Angeles Times) | Published: 12/12/2024
Documents made public by federal prosecutors allege a public official who fits the profile of California Sen. Susan Rubio was part of sprawling bribery scheme when she served on the Baldwin Park City Council and campaigned for state office in 2018. The information was revealed in a plea agreement in which former Baldwin Park City Attorney Robert Tafoya admitted his role in a cannabis bribery scheme and agreed to cooperate in ongoing public corruption investigations.
Colorado Sun – Jesse Paul | Published: 12/18/2024
A constituent of embattled Colorado Sen. Sonya Jaquez Lewis lodged an ethics complaint, alleging Jaquez Lewis has failed to uphold her office with integrity and the public interest by mistreating her Capitol aides. The complaint could lead to the most serious consequences yet for Jaquez Lewis, who has already been stripped of her committee assignments and barred from having state-paid staffers because of the aide allegations.
Colorado – Denver Gave $8M to Political Candidates in 2023. Now, It’s Considering Changes
Denverite – Kyle Harris | Published: 12/18/2024
The Denver City Council is considering changes to the city’s Fair Election Fund, a voter-approved program that gives public money to political candidates. The program has been praised for allowing more people to be competitive in fundraising, but it also has raised concerns as the city has awarded millions of taxpayer dollars to dozens of candidates.
District of Columbia – D.C. Council Committee Recommends Expelling Trayon White Over Rules Violations
MSN – Meagan Flynn and Jenny Gathright (Washington Post) | Published: 12/16/2024
A District of Columbia Council ad hoc committee voted to recommend that council member Trayon White Sr. be expelled from the council after an investigative report found “substantial evidence” he violated ethics rules when he allegedly accepted tens of thousands of dollars in bribes involving government contracts. The vote means the council may vote to expel White in early 2025. White, who has pleaded not guilty in a federal bribery case, will have at least 30 days to prepare a defense to his proposed expulsion.
Florida – Questions of ‘Pay to Play’ Linger Over Santa Rosa GOP Candidate Forum
MSN – Jim Little (Pensacola News Journal) | Published: 12/16/2024
Some candidates in the special election to fill the congressional seat vacated by Matt Gaetz felt like they had no choice but to donate $1000 to the Santa Rosa County Republican Executive Committee to participate in a candidate forum which has raised allegations of pay-to-play from one local lawmaker. State Rep. Alex Andrade said he is looking into the situation to decide whether to notify the Florida Division of Elections about the donation request he believes violated the law.
Illinois – Judge Denies Acquittal Bid for Ex-AT&T Boss Accused of Bribing Madigan
MSN – Jason Meisner and Megan Crepeau (Chicago Tribune) | Published: 12/12/2024
Three months after his trial ended in a hung jury, ex-AT&T Illinois boss Paul La Schiazza’s bid for acquittal was denied by a federal judge, who ruled prosecutors had shown ample evidence of a quid pro quo scheme to bribe then-House Speaker Michael Madigan. The ruling not only sets the stage for a potential retrial for La Schiazza, but also comes as jurors in Madigan’s own corruption trial are hearing the same evidence of the alleged scheme to steer a do-nothing contract to ex-state Rep. Edward Acevedo to help win the powerful speaker’s support on key legislation in Springfield.
Illinois – Paper Tigers
MSN – Dan Petrella and Gregory Royal Pratt (Chicago Tribune) | Published: 12/15/2024
A key factor in Illinois’ pervasive political corruption is that public officials create systems of oversight that often thwart accountability for elected officials and government employees. A review of Illinois and Chicago ethics laws found consistent weaknesses, including restrictions on the types of misconduct watchdogs are permitted to probe, a lack of transparency when wrongdoing is uncovered because of limitations on how the results of investigations can be made public, and limited ability to impose sanctions on those found to have broken laws or ethics rules.
Iowa – Trump Sues Des Moines Register and Iowa Pollster, Escalating Attacks on Media
MSN – Elahe Izadi, Laura Wagner, and Meryl Kornfield (Washington Post) | Published: 12/17/2024
Donald Trump filed a lawsuit against the Des Moines Register newspaper and its highly respected former pollster, adding to his ongoing legal attacks against news media companies. The suit – which names the newspaper’s parent company, Gannett, its former pollster J. Ann Selzer, and her polling firm – centers on a Selzer poll released three days before the presidential election that showed trailing Vice President Kamala Harris.
Maine – Maine Sued Over New Voter-Approved Campaign Finance Limits
Yahoo News – Randy Billings (Portland Press Herald) | Published: 12/13/2024
A national conservative group is suing to overturn new campaign finance limits approved by Maine voters in November. The Institute for Free Speech argues the initiative violates the Constitution by limiting free speech and forcing groups to disclose their donors, including those who donate less than $50. The Institute says the new law would prevent PACs from spending money they have already raised and unfairly excludes PACs controlled by political parties and those campaigning for ballot questions.
Massachusetts – Boston Considers Ethics Committee After City Councilor’s Arrest on Corruption Charges
MSN – Tréa Lavery (MassLive) | Published: 12/11/2024
At the first Boston City Council meeting since Councilor Tania Fernandes Anderson was arrested by federal authorities and accused of running a kickback scheme, fellow Councilor Ed Flynn proposed creating a new committee focused on ethics. The charges are not the first scandal, or even the first arrest, to hit the city council in recent years.
Massachusetts – Fed Subpoena Revealed: Investigators wanted Fernandes Anderson’s notes, chats, images and more
MSN – Gayla Cawley and Joe Dwinell (Boston Herald) | Published: 12/17/2024
The federal grand jury subpoena sent to Boston City Hall in September set forth wide-ranging demands for detailed copies of now indicted Councilor Tania Fernandes Anderson’s emails, drafts, and “Lotus notes” in a kickback probe that left no stone unturned. It also lists 22 secretaries and administrative assistants who have served under Fernandes Anderson in some capacity. The subpoena suggests they were at the crossroads of “electronic communications: of Fernandes Anderson’s alleged $7,000 kickback scheme.
Deadline Detroit – Jack Armstrong, Miranda Dunlap, Lily Guiney, Andrew Miller-Thomas, Sarah Moore, and Chloe Trofatter (Eye on Michigan) | Published: 12/17/2024
A media investigation found Michigan’s system for tracking what lobbyists give to lawmakers is flawed, rife with loopholes, and relies on the honor system. Problems with the state’s attempt to bring transparency to officials’ interactions with lobbyists are compounded because many of the lawmakers who took the most gifts refuse to discuss why they accepted hundreds of free meals and trips. Despite the flaws in the system, Eye On Michigan found lobbyists spent more than $6.3 million on state lawmakers and officials between 2001 and 2023.
New York – $100,000 Loan for Porsche at Center of Charges Against Former Adams Aide
DNyuz – William Rashbaum, Dana Rubenstein, and Michael Rothfeld (New York Times) | Published: 12/18/2024
Ingrid Lewis-Martin, the former chief adviser to New York City Mayor Eric Adams, is expected to surrender on bribery charges involving two businesspeople who gave her son a $100,000 loan to buy a Porsche, several people with knowledge of the matter said. Her son, Glenn Martin II, and the other two men were also expected to surrender for arraignment on the charges, which are being brought by the Manhattan district attorney. The accusations grew out of a broad corruption investigation focused on Lewis-Martin, who recently announced her resignation hours before it was reported a grand jury was hearing evidence against her.
New York – US Supreme Court Leaves Former New York Lieutenant Governor’s Corruption Case Alive
MSN – Luc Cohen (Reuters) | Published: 12/16/2024
The U.S. Supreme Court declined to hear former New York Lieutenant Gov. Brian Benjamin’s challenge to corruption charges in a case that involves the scope of federal bribery law, allowing the case to proceed. The Manhattan U.S. Attorney’s office in 2022 charged Benjamin with funneling a $50,000 state grant to developer Gerald Migdol in exchange for the campaign contributions.
New York – N.Y. Judge Denies Trump’s Motion to Throw Out Hush Money Conviction
MSN – Shayna Jacobs (Washington Post) | Published: 12/16/2024
A judge denied a motion by Donald Trump’s lawyers to throw out the president-elect’s 34-count felony conviction based on a broad U.S. Supreme Court decision on presidential immunity. New York Supreme Court Justice Juan Merchan ruled the high court’s expansion of presidential immunity did not negate Trump’s conviction for falsifying business records connected to a hush money payment to an adult-film actress.
New York – New York City Mayor’s Campaign Denied Millions in Public Matching Funds
MSN – Joe Anuta and Jeff Coltn (Politico) | Published: 12/16/2024
The New York City Campaign Finance Board (CFB) announced it was withholding public matching money from Mayor Eric Adams’ reelection campaign, citing a federal criminal case against Adams involving straw donors and his campaign’s noncompliance with the board’s inquiries. The mayor had asked for $4.5 million. CFB Chairperson Frederick Schaffer noted Adams’ campaign would be able to appeal the decision.
New York – GOP Accuses Democrats of Rigging NY Public Campaign Finance System
MSN – Brendan Lyons (Albany Times Union) | Published: 12/13/2024
State Republican lawmakers are accusing Democrats on the New York Public Campaign Finance Board of ramming through a resolution that changed the rules governing campaign funds to retroactively benefit multiple Democratic candidates who had transferred hundreds of thousands of dollars to the Senate Democratic Campaign Committee. Republicans contend the resolution had not been on the board’s agenda. Democrats approved a resolution that allows transfers using non-public matching funds to be included in a surplus calculation for the total campaign expenditures.
North Carolina – NC Settlement with Robinson Campaign Over Errors Revealed
Carolina Public Press – Sarah Michels | Published: 12/18/2024
Nearly four years after it began, an investigation into the financial reporting of North Carolina Lt. Gov. Mark Robinson’s campaign in 2020 has been completed, leading to fines and a settlement. Robinson’s campaign committee agreed to pay the State Board of Elections $35,000. In return, the board will not pursue any action against Robinson in court or require his committee to pay for the costs of the multi-year investigation.
North Carolina – NC Groups Host Desirable Trips Where NC Lawmakers, Lobbyists Can Mingle. Who Pays?
MSN – Dan Kane (Raleigh News & Observer) | Published: 12/13/2024
Lobbyists and their clients are generally prohibited from taking North Carolina lawmakers on trips, or even buying them a meal. Legislative scandals 20 years ago pushed state legislators to pass a ban on most gifts from lobbyists and their clients. The law allows for exceptions, such as travel for some educational meetings. But social welfare nonprofits, labeled 501(c)(4)s in the federal tax code, have close ties to some state politicians. This year, two of the nonprofits were found to have hosted out-of-state trips with influential state lawmakers.
Ohio – Jimmy Dimora’s Sentence Commuted by President Joe Biden
MSN – Adam Ferrise (Cleveland Plain Dealer) | Published: 12/12/2024
President Biden commuted the sentence of disgraced former Cuyahoga County Commissioner Jimmy Dimora, ending his punishment for widespread corruption that landed him in prison for more than a decade and caused a complete overhaul of the county’s government. Dimora’s 2010 arrest exposed a corrupt scheme that he orchestrated with Cuyahoga County Auditor Frank Russo. The duo gave county contracts to companies in exchange for money, trips, gifts, and favors.
Ohio – Republicans Stoked Fears of Noncitizens Voting. Ohio Shows How Rhetoric and Reality Diverge.
MSN – Julie Carr Smyth (Associated Press) | Published: 12/15/2024
Before the November presidential election, Ohio’s secretary of state and attorney general announced investigations into potential voter fraud that included people suspected of casting ballots even though they were not U.S. citizens. It coincided with a national Republican messaging strategy warning that potentially thousands of ineligible voters would be voting. The outcome and the stories of some of those now facing charges illustrate the gap between the rhetoric about noncitizen voting and reality. It is rare, is caught and prosecuted when it does happen, and does not occur as part of a coordinated scheme to throw elections.
MSN – Shane Dixon Kavanaugh (Portland Oregonian) | Published: 12/17/2024
The deputy director of Portland’s public campaign finance program resigned abruptly in November, accusing his boss of bullying behavior and widespread mismanagement. Daniel Lewkow alleged Small Donor Elections head Susan Mottet fostered a toxic work environment that made his job untenable. Mottet characterizing her former deputy as a disgruntled subordinate who repeatedly failed “to perform his job competently.” The allegations mark the latest in a series of setbacks that have dogged the program.
Pennsylvania – Campaign Funds, Secretive Nonprofit Pay for Josh Shapiro’s Sports Tickets
Spotlight PA – Stephen Caruso | Published: 12/17/2024
Gov. Josh Shapiro viewed a Villanova University basketball recently alongside a coach who has won two national championships. A few days later, he watched the Philadelphia Eagles take on the Pittsburgh Steelers. Shapiro paid for neither ticket out of pocket. He attended the Villanova game on the dime of Team PA, a nonprofit that spent at least $12,000 last year on sports tickets for Shapiro. Its donors are anonymous. The NFL ticket was “covered with campaign funds,” said Shapiro spokesperson Manuel Bonder, who did not answer a question about whether the governor used money from his campaign fund to buy the ticket or if the ticket itself was donated.
South Carolina – ‘Questionable’ Transactions and Bowl Games. USC Office Misspent $1.7M in Public Funds, Audit Says
MSN – Alexa Jurado (The State) | Published: 12/11/2024
Using public funds for trips to the 2022 Gator Bowl, consistent overspending, and “questionable” financial transactions by a University of South Carolina office and its affiliates, are among findings in a critical new report by the state;s Legislative Audit Council. An investigation spanning 26 months found that the university’s Office of Economic Engagement misspent $1.7 million of grant money and potentially violated state ethics codes.
Texas – Watson, Greco Ethics Complaints Dismissed a Month after Austin’s Mayoral Election
Yahoo News – Kate Winkle (KXAN) | Published: 12/13/2024
The Austin Ethics Review Commission ruled Mayor Kirk Watson and mayoral candidate Doug Greco did not break campaign finance rules during the recent election. Watson and Greco were accused of exceeding the amount of money they can accept from those outside the city: $46,000. Because there is no requirement for donors to tell campaigns their home address, tracking whether campaigns are in compliance can be a challenge, according to James Cousar, who represented Watson in his preliminary hearing.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.
