December 6, 2024 •
News You Can Use Digest – December 6, 2024
National/Federal
Inside the Supreme Court Ethics Debate: Who judges the justices?
DNyuz – Jodi Kantor and Abbie VanSickle (New York Times) | Published: 12/3/2024
In the summer of 2023, the justices of the U.S. Supreme Court began trading confidential memos, avoiding their standard email list and instead passing paper documents in envelopes to each justice. Faced with ethics controversies and a plunge in public trust, they were debating rules for their own conduct. Weeks later, as a united front, they announced the results: the court’s first-ever ethics code. While the court was praised for setting ethics rules, the lack of an enforcement provision has been criticized. One year later, the justices’ internal debate has spilled into a wider, more fractious one.
Trump Organization Plans an Ethics Policy Without Banning Foreign Deals
DNyuz – Eric Lipton, Ben Protess, and David Yaffe-Bellany (New York Times) | Published: 12/5/2024
In the wake of Donald Trump’s election victory, his family business is poised to capitalize on his presidency with a variety of new ventures, according to a review of financial records and interviews with people knowledgeable about his finances. And unlike in his first term, the people said, the Trump Organization aims to issue a more limited ethics plan that is unlikely to significantly curb its growth.
Amid Worry About Trump, Calls for Career Justice Dept. Staff to Stay
MSN – Perry Stein and Yvonne Wingett Sanchez (Washington Post) | Published: 12/2/2024
Attorney General Merrick Garland and top Justice Department officials are encouraging career staffers to remain in their jobs through the next administration, stressing that institutional knowledge is important as new leaders take hold. The weeks since Donald Trump’s victory have been filled with uncertainty and tumult for many of the more than 100,000 individuals who work at the nation’s largest law enforcement agency. As top officials inside the department have led meetings about transition protocols, Trump and his allies have continued their vows to fire career staffers and seek retribution on those they consider their political enemies.
Supreme Court to Examine Power of Congress to Delegate Authority
MSN – Justin Jouvenal (Washington Post) | Published: 11/22/2024
The Supreme Court announced it will hear a pair of cases that will examine how far Congress can go in delegating powers to federal agencies, decisions that could chip away at the authority of the executive branch. The cases explore whether Congress violated the Constitution when it allowed the Federal Communications Commission to gather fees to help pay for critical telecommunications service in communities that might not otherwise have it.
As His Power Grows, D.C. Wonders: How do you lobby a man like Elon Musk?
MSN – Cat Zakrzewski, Faiz Siddiqui, and Pranshu Verma (Washington Post) | Published: 12/1/2024
Unlike many chief executives in the tech industry, who prefer to keep an arm’s length distance from the nation’s capital and rely on a cadre of lobbyists, communications staff, and political consultants to shape their message, Elon Musk has viewed himself as his own best advocate in Washington. Musk’s rise has set off a scramble among lobbyists to curry favor with the “first buddy.” But many are finding it challenging to open a line of communication because of his unconventional political and public affairs team.
Trump Transition Team Ethics Pledge Appears to Exclude President-Elect
MSN – Betsy Klein, Steve Contorno, and Arlette Saenz (CNN) | Published: 11/27/2024
Donald Trump’s team submitted an ethics plan guiding the conduct of its members throughout the transition period that does not appear to include provisions for one key member of the team: the president himself. During his first term, Trump was repeatedly criticized by ethics groups for potential conflicts-of-interest relating to his businesses and brands. Both Trump’s and his family’s foreign business ties have also come under scrutiny throughout his time in office and on the campaign trail.
Biden Pardons His Son Hunter Despite Previous Pledges Not To
MSN – Zeke Miller, Alanna Durkin Richer, and Colleen Long (Associated Press) | Published: 12/1/2024
President Joe Biden pardoned his son, Hunter, sparing the younger Biden a possible prison sentence for federal felony gun and tax convictions and reversing his past promises not to use the powers of the presidency for the benefit of his family. The president’s sweeping pardon covers not just the gun and tax offenses against the younger Biden, but also any other “offenses against the United States which he has committed or may have committed or taken part in during the period from January 1, 2014 through December 1, 2024.”
Lauren Boebert Briefly Joins Cameo, Charging $250+ for Personalized Video Messages
MSN – Nick Coltrain (Denver Post) | Published: 11/25/2024
Rep. Lauren Boebert broke new ground when she became the first sitting member of Congress to offer personalized messages for sale, starting at $250, through the video platform Cameo. But her Cameo page appears to have shut down later that same day. A version of her Cameo page listed Boebert as a politician and categorized her as a political commentator, but it was updated to list her under the influencers category.
Potential Conflicts of Interest May Haunt Dr. Oz’s Confirmation to Run Medicare, Medicaid
MSN – Desmond Butler, Lauren Weber, and Caitlin Gilber (Washington Post) | Published: 12/2/2024
In a 2019 production of his television show, Dr. Mehmet Oz extolled the transformational results of Ozempic. The nine-minute infomercial embedded into Oz’s daytime talk show was sponsored by the drug’s manufacturer, Novo Nordisk, which Oz twice referred to as a “trusted partner.” The segment showcases the financial ties between the heart surgeon’s media business and companies whose fortunes he would have a hand in influencing as Donald Trump’s pick to lead the Centers for Medicare and Medicaid Services.
Creator of ‘2000 Mules’ Apologizes to Man Falsely Accused of Ballot Fraud in the Film
NPR – Kate Brumback (Associated Press) | Published: 12/2/2024
Filmmaker and conservative pundit Dinesh D’Souza, the creator of the debunked film “2000 Mules,” issued a statement saying “inaccurate information” was provided to him about ballot box surveillance videos featured in the film and apologizing to a Georgia man in one of those videos who was falsely accused of ballot fraud during the 2020 election. Mark Andrews is seen in one of the videos, his face blurred, putting five ballots in a drop box as D’Souza says: “What you are seeing is a crime. These are fraudulent votes.”
From the States and Municipalities
Canada – Watchdog to Tighten Rules on Lobbying of Ministers and MPs by Corporations
Toronto Globe and Mail – Marie Woolf | Published: 11/27/2024
Canada’s lobbying watchdog is planning to tighten the rules to force corporations to be more transparent about the people they are trying to influence in the federal government. In an interview at the start of her second term in office, Nancy Bélanger said one of her priorities will be to make corporations more fully register their lobbying of ministers, Members of Parliament, and federal officials.
California – Assessor Reports $1M Behested Payment, Biggest Charitable Donation Made at a Local Elected Official’s Request
MSN – Jeff McDonald (San Diego Union-Tribune) | Published: 11/30/2024
What appears to be the single largest behested payment recorded in San Diego County history was solicited by a relatively obscure elected official and awarded to an even lesser-known local nonprofit to help flood victims. But Jordan Marks, the assessor-recorder-county clerk, said he had almost nothing to do with the more than $1 million donation by a national real estate agents’ relief fund and only disclosed it in an “abundance of caution.”
California – County Supervisors Approve External Forensic Audit of Contracts Affiliated with Andrew Do, Ethics Policy Updates
MSN – Destiny Torres (Orange County Register) | Published: 12/3/2024
The Orange Board of Supervisors approved hiring an external auditor to review possibly thousands of county contracts directed or influenced by former Supervisor Andrew Do, as well as updates to the county’s code of ethics to improve transparency and oversight. The updated ethics policy will apply to county employees, supervisors, and contractors. Possible consequences include censure if a board member violates the policy, and a vendor could be permanently banned from doing business with the county.
Denverite – Kyle Harris | Published: 11/29/2024
Former Denver Mayor Michael Hancock has a new lobbying firm, Hancock Global, serving companies that do big business with the city. He is registered as a lobbyist in the city and county of Denver. While a few of his clients are obscure, many were major contractors on projects the Hancock administration oversaw. Hancock was able to make the transition quickly because Denver does not have any limits on “revolving door” lobbying by former elected officials.
Florida – Patronis, Fine Jump in Congressional Races. What Happens to Their State Campaign Money?
MSN – Gary Rohrer (USA Today) | Published: 11/29/2024
Two Republican candidates for open U.S. House seats in Florida got a boost when Donald Trump endorsed them. But if they want to use their considerable funds in state-level political committees to campaign for federal office, they can thank Gov. Ron DeSantis, U.S. Rep. Byron Donalds, a U.S. Supreme Court precedent, and loopholes in campaign finance laws.
Florida – Tickets to Master’s Tournament Trigger Feud in Hillsborough County Politics
MSN – Jack Evans and Justin Garcia (Tampa Bay Times) | Published: 11/25/2024
Three Hillsborough County government and school district leaders attended the Masters golf tournament in Georgia this year. The trip was arranged by Jonathan Graham, president of HORUS Construction Services, which in May secured a deal to build the school district a new warehouse. Commissioner Ken Hagan later reported the trip as a gift from Graham, valued at $6,500. About two million people enter the Masters ticket lottery each year. The chance of being picked is less than one percent.
Florida – State Ethics Board Worried That Lawsuit May Upend Key Part of Florida Open Government Law
MSN – John Kennedy (USA Today) | Published: 11/29/2024
The Florida Commission on Ethics is choosing to wait for a court ruling on a challenge to a new financial disclosure requirement that led to mass resignations of city and small-town officials across the state last year. The commission rejected a proposal to begin discussing a settlement with attorneys for 26 cities and 74 public officials who sued the state, arguing the new disclosure standard violates the constitutional right to free speech.
Florida – Council Member Ron Salem’s Political Committee Paid for Trip to Watch Jags Game in London
Yahoo News – David Bauerlein (Florida Times-Union) | Published: 12/3/2024
Jacksonville City Councilperson Ron Salem’s political committee paid $12,200 to Delta Airlines and another $1,028 for transportation and accommodations when he traveled to London for a trip in October to watch the Jacksonville Jaguars play overseas at Wembley Stadium. To meet the legal requirements for tapping into the political committee for his trip’s expenses, Salem held a fundraiser while he was in London. Unlike candidate campaign accounts that have $1,000 limits on donations per election cycle, campaign finance law has no restrictions on how much contributors can give to committees such as Moving Jacksonville Forward.
Georgia – Trump Moves to Throw Out Criminal Case in Georgia, Citing Election Win
MSN – Holly Bailey (Washington Post) | Published: 12/4/2024
Attorneys for Donald Trump asked a Georgia appellate court to consider the “unconstitutionality” of the ongoing 2020 election interference case against him now that he is the nation’s president-elect and order the presiding judge to dismiss all charges against him. The motion asks the Georgia Court of Appeals to find it no longer has legal jurisdiction over the matter because it is unconstitutional to prosecute a sitting president “in any way.”
Georgia – Legislative Policy Watchdog Sues Georgia Conservative Nonprofit in Lobbyist Filing Dispute
Yahoo News – Ross Williams (Georgia Recorder) | Published: 11/25/2024
The Frontline Policy Council is a conservative Christian nonprofit that holds a lot of sway around the Georgia Capitol. In 2024, Frontline representatives testified in state committees around 60 times, supporting legislation on issues like school vouchers. But Frontline’s president and founder Cole Muzio and general counsel Chelsea Thompson have come under fire for allegedly lobbying elected officials without properly registering with the state.
Hawaii – Former State Archaeologist Faces Ethics Probe into Revolving Door Allegation
Honolulu Civil Beat – Stewart Yerton | Published: 11/27/2924
A former State Historic Preservation Division (SHPD) archaeologist faces an ethics investigation into an allegation he violated Hawaii’s “revolving door” policy by going to work for a private business before a required one-year waiting period. The complaint alleges Andrew McCallister stepped down as an archaeologist on Maui in April, and soon after went to work for the development consulting firm AECOM, in some cases on the same projects he oversaw at SHPD.
MSN – Jason Meisner and Megan Crepeau (Chicago Tribune) | Published: 12/3/2024
After six days of testimony in ex-Illinois House Speaker Michael Madigan’s corruption trial, former Chicago Ald. Daniel Solis was off the witness stand and out of the public eye, perhaps this time for good. His cooperation with prosecutors changed the state’s political trajectory, contributing to Mayor Lori Lightfoot’s improbable election, putting former Ald. Edward Burke in prison, and helping dethrone Madigan, the longest serving state legislative leader in the country when he resigned in 2021 before being charged.
Indiana – Nonprofit Braun Transition Group Follows Former Governors’ Model
Yahoo News – Leslie Bonilla Muñiz (Indiana Capital Chronicle) | Published: 11/25/2024
“Social welfare” nonprofits, typically with undisclosed donor lists, have funded at least Indiana’s last three gubernatorial transitions. Now, Gov.-elect Mike Braun is following that model. Political scientists and others were skeptical of the role of Hoosiers for Opportunity, Prosperity and Enterprise (HOPE), asserting it is operating in a gray area between politics and governance. But HOPE and those involved in past administrative changeovers defended the group’s activities as by-the-book, critical to day-one readiness, and a boon for taxpayers.
Louisiana – Judge Dismisses Louisiana Legislators’ Lawsuit Over Ethics Board Hire
Yahoo News – Julie O’Donoghue (Louisiana Illuminator) | Published: 12/2/2024
A judge dismissed a lawsuit from state lawmakers meant to block the Louisiana Board of Ethics from hiring its new administrator. The decision paves the way for the board to move forward with replacing longtime administrator Kathleen Allen. Judge Kelly Balfour said the search for an ethics administrator should have been more transparent. But he saw no state law violation that would allow him to stop the board from moving forward with the hiring.
Massachusetts – Boston City Councilor Tania Fernandes Anderson Subject of Federal Investigation
MSN – Gayla Cawley (Boston Herald) | Published: 12/3/2024
Boston City Councilor Tania Fernandes Anderson is the subject of a federal investigation, and subpoenas have been issued to City Hall in relation to the probe. The existence of a federal probe is the latest controversy for the councilor since taking office roughly three years ago.
Michigan – Benson Says Campaign Funds Can Be Used for Child Care and Caregiving Costs
Yahoo News – Anna Liz Nichols (Michigan Advance) | Published: 11/26/2024
Elected officials and candidates for office are permitted to use money from their campaign finances to pay caregiving costs including childcare under an interpretive statement from Michigan Secretary of State Jocelyn Benson. Women are expected to be primary caretakers and the challenges and lack of infrastructure in government for a person to be a primary parent has kept women out of office, said Liuba Grechen Shirley, founder of Vote Mama, a political organization working to increase the number of moms in office.
Montana – Montana Legislators Vote Down Capitol Bathroom Rule Change Aimed at Transgender Lawmakers
Yahoo News – Blair Miller (Missoula Current) | Published: 12/3/2024
The Montana Legislature’s Joint Rules Committee voted down a proposed rule targeted at a Rep. Zoey Zephyr, a Democratic transgender representative, that sought to designate the use of private restrooms shared by the two chambers based on a lawmakers’ sex chromosomes at birth. Zephyr won re-election this year after she was censured by Republicans and banished from the House floor for telling Republican lawmakers they had blood on their hands for passing a bill banning gender-affirming care for minors.
New York – N.Y. Ethics Commission Faces New Constitutional Challenge
Albany Times Union – Brendan Lyons | Published: 11/29/2024
A lawsuit challenges new regulations being implemented by the New York Commission on Ethics and Lobbying in Government that prohibit lobbyists from hiring a third-party designee to prepare and submit their disclosure statements. The suit alleges the regulations would interfere with lobbying firms’ right to do their work and increase their exposure to civil fines and penalties. This is the third court case challenging the constitutionality of the commission.
New York – Campaign Board Head Hints Eric Adams Could Be Denied Reelection Matching Funds
MSN – Katie Honan (The City) | Published: 12/4/2024
New York City Mayor Eric Adams will know soon if his reelection bid will qualify for millions of dollars in public matching funds as the Campaign Finance Board (CFB) votes on the first tranche of payments for the 2025 contest. At a hearing, city Councilperson Lincoln Restle pushed CFB Executive Director Paul Ryan on why the board would give Adams more money when a federal indictment alleges that he obtained $10 million in 2021 matching funds fraudulently.
North Dakota – North Dakota Senate Rejects Conflict of Interest Rules While House Adopts Modified Version
Yahoo News – Michael Achterling (North Dakota Monitor) | Published: 12/4/2024
The North Dakota House adopted new conflict-of-interest rules, but the Senate rejected those same rules. They were created through consultation with the state Ethics Commission after the Legislative Procedures and Arrangements Committee finished its business during the interim. The rules were designed to promote transparency and provide a clearer path for lawmakers to recuse themselves from votes in which they had a perceived conflict.
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 12/3/2024
Two companies that prosecutors say a former utility regulator used to secretly accept a $4.3 million bribe from FirstEnergy will pay as much as $2.26 million in penalties and restitution in a deal struck with prosecutors. A judge approved the deal between the state and the Sustainability Funding Alliance of Ohio and the Industrial Energy Users of Ohio Administration Co. Sam Randazzo, former chair of the Public Utilities Commission of Ohio, was the sole owner of both entities. State and Federal authorities over the past year each indicted Randazzo on an array of financial crimes.
Willamette Week – Sophie Peel | Published: 11/27/2024
Two candidates for the Portland City Council this November achieved something unusual and, at first glance, illogical. Chris Henry and Moses Ross each received more individual campaign contributions than they did first-place votes on Election Day. The case of Henry and Ross, coupled with other examples of candidates mining taxpayer dollars by boasting grassroots support that was not there, shows the city’s public finance system buckled under the weight of 75 candidates attempting to tap in. A media examination, which exposed abuses of the system, raises questions whether Portland’s campaign financing is functioning as intended.
Pennsylvania – A Trio of Convicted Former Elected Officials Have Landed New City Jobs in Philadelphia
MSN – Ryan Briggs (Philadelphia Inquirer) | Published: 11/19/2024
Three former Philadelphia elected officials who were convicted on corruption charges and left office in disgrace have found a second chance – with taxpayer-funded jobs. Former Traffic Court Judge Willie Singletary and former State Rep. Leslie Acosta both landed positions in Mayor Cherelle Parker’s administration. Former State Rep. Movita Johnson-Harrell is now working under Sheriff Rochelle Bilal.
Tennessee – Tennessee State Sen. Ken Yager Arrested, Charged with DUI, Hit and Run in Georgia on Tuesday
MSN – Evan Mealins (Nashville Tennessean) | Published: 12/4/2024
Tennessee Sen. Ken Yager was arrested, booked into a Georgia jail, and accused of getting into a hit and run while driving under the influence while on vacation on Jekyll Island. He is said to have been driving a Ford Edge at the time of his arrest. Finance records show Yager regularly uses his campaign accounts to make lease payments on a Ford.
Tennessee – Gov. Bill Lee Repays Travel Expenses Following New Tennessee Ethics Commission Opinion
Yahoo News – Vivian Jones (Nashville Tennessean) | Published: 12/3/2024
The Tennessee Ethics Commission said Gov. Bill Lee violated a state law prohibiting elected officials from taking gifts from lobbyists when the nonprofit Alliance Defending Freedom (ADF) paid for him to attend their conference in Florida. ADF, a 501(c)3 nonprofit, and its partner 501(c)4 organization, both employ Matthew Lorimer, a registered lobbyist in Tennessee. The commission determined the expenses paid by the nonprofit that shares resources with an employer of a lobbyist constituted an indirect gift to the governor.
Texas – Texas Politicians Must Disclose Known Blind Trust Properties, Rental Income Details
KUT – Lauren McGaughty | Published: 12/5/2024
The Texas Ethics Commission adopted a rule that requires officials to disclose properties they hold in a blind trust if they have “actual knowledge” of the properties. If politicians have a rental property, they will also have to disclose the address and renter’s name. The new rules come after it was reported that state Attorney General Ken Paxton did not disclose several properties owned by him or his blind trust in his 2023 0r 2024 personal financial statements.
Texas – A Conservative Nonprofit Got $80k for a Texas Book-Ban Battle. Llano County Hasn’t Seen It
MSN – Bayliss Wagner (Austin American Statesman) | Published: 12/2/2024
Several prominent conservative figures traveled from across the country to Texas to raise money for Llano County’s legal defense in a federal book ban case. At least, that is what attendees believed they were raising money for. But one year after the event, Llano County still has not seen a dime of the funds collected. Instead, the money went to conservative nonprofit America First Legal, which has no present role in litigating or funding the case. The nonprofit has never contacted county leadership in writing.
Utah – Complaints About Shadowy Anti-Trans PAC’s Financial Reporting Referred to Utah Attorney General
MSN – Emily Anderson Stern (Salt Lake Tribune) | Published: 12/4/2024
The small number of Democratic lawmakers in Utah were dogged with anti-transgender ads in the weeks leading up to the November election by a PAC that had disclosed little information about its organizers and funding to the public. Now, complaints about the PAC’s alleged campaign finance law violations have been forwarded to the state attorney general’s office for investigation.
Washington – Meta Faces $35M Judgment for Campaign Finance Violations in Washington State
Courthouse News – Monique Merrill | Published: 12/2/2024
The state Court of Appeals upheld a $35 million penalty against Meta for violating Washington’s campaign finance law. The Public Disclosure Commission found the company violated the law 822 times. Under the Fair Campaign Practices Act, social media platforms are required to maintain records of the political ads hosted on their sites, such as the cost and sponsor of the ad and information about ad targeting and reach.
Wisconsin – Wisconsin’s Campaign Finance Regulators Ask to Triple Their Staff
The Cap Times – Andrew Bahl | Published: 12/5/2024
The agency that oversees Wisconsin’s campaign finance laws is asking for millions of dollars in added funding to triple its staff, warning that without more resources it cannot serve the public in the way a new law requires. The budget request comes after the state Legislature enacted a law that will task the Wisconsin Ethics Commission with collecting campaign finance filings from county and municipal candidates across the state. Previously, those duties were handled by local clerks.
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.