July 19, 2024 •
News You Can Use Digest – July 19, 2024
National/Federal
Meta Rolls Back Restrictions on Trump’s Instagram and Facebook Accounts
DNyuz – Mike Isaac (New York Times) | Published: 7/12/2024
Meta said it was rolling back some restrictions to Donald Trump’s Facebook and Instagram accounts so people on its services could hear from those running for the presidency “on the same basis.” Under the restrictions on Trump’s accounts, he could have been suspended from Meta’s services if he had posted content that sought to delegitimize this November’s election, among other things. But Meta said it was now relaxing those restrictions, reducing the potential for a suspension if Trump violated the company’s terms of service.
How Trump Dominated His Own Party on a New G.O.P. Platform
DNyuz – Jonathan Swan, Shane Goldmacher, and Maggie Haberman (New York Times) | Published: 7/18/2024
Donald Trump long ago decided he wanted a very different Republican Party platform in 2024. The delegates who arrived in Milwaukee before the Republican National Convention, with plans of drafting a sweeping document of party principles, quickly found out just how determined he was. Their cellphones were confiscated and placed in magnetically sealed pouches. It was only then that the delegates received a copy of the platform language the Trump team had prepared, which slashed the platform size by nearly three-quarters.
Trump Picks Sen. J.D. Vance, a Former Critic, to Be His Running Mate
MSN – Meryl Kornfield and Marianne LeVine (Washington Post) | Published: 7/15/2024
Donald Trump chose U.S. Sen. J.D. Vance of Ohio as his running mate, selecting a previously outspoken Trump critic who in recent years has closely aligned himself with the former president. Vance is a relative political newcomer, winning his Senate seat in 2022 after rising to prominence as an author who wrote a best-selling memoir. His selection adds a staunch defender of Trump’s movement to the ticket and, some Republican observers said, it could help Trump solidify his base of White working-class voters.
Trump’s Classified-Documents Case Dismissed by Judge Aileen Cannon
MSN – Devlin Barrett and Perry Stein (Washington Post) | Published: 7/15/2024
U.S. District Court Judge Aileen Cannon dismissed the federal criminal case against Donald Trump charging him with amassing highly sensitive national security secrets at his Mar-a-Lago estate and then obstructing government efforts to reclaim them. Cannon concluded that special counsel Jack Smith’s appointment violated the Appointments Clause of the Constitution. Other courts have rejected arguments similar to the one that Trump’s team made about the legality of Smith’s appointment.
Influencer Running for U.S. Senate Challenges Campaign Finance Rules
MSN – Taylor Lorenz (Washington Post) | Published: 7/10/2024
Caroline Gleich, a professional ski mountaineer and online content creator who is vying to replace U.S. Sen. Mitt Romney, is seeking permission to sidestep campaign finance rules that she says disadvantage influencers who make a living generating sponsored posts on social media. Under current FEC rules, any sponsored social post that features Gleich and is distributed in Utah within 90 days of the November 5 election could be considered a “coordinated communication.” As such, it would count as an in-kind contribution and be listed in her campaign finance reports.
New York Judge Throws Out Rudy Giuliani’s Bankruptcy Case
MSN – Holly Bailey (Washington Post) | Published: 7/12/2024
A federal judge threw out Rudy Giuliani’s bankruptcy case, paving the way for a litany of creditors, including two former Georgia election workers who won a $148 million defamation claim against him, to pursue and potentially seize his assets. In his order, U.S. Bankruptcy Judge Sean Lane cited Giuliani’s “continued failure to meet his reporting obligations and provide the financial transparency required of a debtor in possession” and called his behavior “troubling.” It restricts Giuliani from seeking bankruptcy protection for one year.
Sen. Menendez Convicted of Bribery, Other Charges in Corruption Trial
MSN – Salvador Rizzo and Shayna Jacobs (Washington Post) | Published: 7/6/2024
U.S. Sen. Robert Menendez was convicted of all the counts he faced at his corruption trial, including accepting bribes of gold and cash from three New Jersey businessperson and acting as a foreign agent for the Egyptian government. The two co-defendants in the trial, real estate developer Fred Daibes and businessperson Wael Hana, were also convicted. Jurors heard witnesses describe how the longtime lawmaker had waded into a world of Egyptian spies and international intrigue after falling in love with a divorcée he met at his local pancake house.
U.S. Begins Dropping Jan. 6 Obstruction Charges for Some Proud Boys, Others
MSN – Spencer Hsu (Washington Post) | Published: 7/16/2024
The Supreme Court’s ruling narrowing use of an obstruction charge for January 6 defendants is leading to misdemeanor plea deals for some Capitol riot defendants. Federal prosecutors have begun moving to drop charges accusing defendants of obstructing Congress’s confirmation of the 2020 presidential election results, offering new plea deals after the Supreme Court restricted the government’s use of that count. Those whose charges may be dropped are among a small core group of Capitol riot defendants who prosecutors alleged understood why Congress was meeting and who came not to protest but to block lawmakers from acting.
Biden Set to Announce Support for Major Supreme Court Changes
MSN – Tyler Pager and Michael Scheer (Washington Post) | Published: 7/16/2024
President Biden is finalizing plans to endorse major changes to the Supreme Court in the coming weeks, including proposals for legislation to establish term limits for the justices and an enforceable ethics code, according to two people briefed on the plans. He is also weighing whether to call for a constitutional amendment to eliminate broad immunity for presidents and other constitutional officeholders.
Ex-CIA Analyst Accused of Working for South Korean Intelligence Service
MSN – Aaron Schaffer and Ellen Nakashima (Washington Post) | Published: 7/17/2024
A former CIA analyst and noted East Asia expert was indicted on criminal charges of acting as an agent of South Korea, whose intelligence officials allegedly rewarded her with luxury gifts and concealed payments made to a think tank. Sue Mi Terry was charged with failing to register as a foreign agent and conspiring to violate the Foreign Agents Registration Act.
DNC Sticks with Biden Virtual Roll Call, Despite Doubts That It’s Necessary
MSN – Colby Itkowitz, Patrick Svitek, and Leigh Ann Caldwell (Washington Post) | Published: 7/17/2024
The Democratic National Committee (DNC) pressed forward with a plan to hold a virtual roll call to nominate President Biden for reelection during the first week of August, a process that could short-circuit a burgeoning effort from within the party to replace him. Party leadership cited the risk of a legal quagmire if Biden is not formally nominated before the convention in Chicago, which begins August 19. DNC officials said ballot deadlines in a handful of states could give GOP-aligned groups the opportunity to challenge any nominee whose status is not formalized by then.
Even When Big Cases Intersect with Their Families’ Interests, Many Judges Choose Not to Recuse
ProPublica – Noah Pransky, Brooke Williams, and Andrew Botolino | Published: 7/16/2024
Concerns that judges on the nation’s highest courts have not properly disclosed personal conflicts and have failed to recuse when such issues arose have been at the center of a recent national debate. A ProPublica analysis found a lack of transparency regarding conflicts plagues federal and state courts where loose rules, inconsistent enforcement, and creative interpretations of guidelines routinely allow judges to withhold potential conflicts from the parties before them.
Charities Are Allowed to Do Some Lobbying, but Many Do None at All
The Conversation – Heather MacIndoe (University of Massachusetts at Boston) and Mirae Kim (George Mason University) | Published: 7/2/2024
U.S. charities may spend some of their time and money on lobbying, as long as those organizations do not primarily exist to influence federal legislation. This rule applies to all charitable nonprofits, which run the gamut from hospitals to social service providers, museums and environmental organizations. States can also regulate nonprofit lobbying. For example, the Massachusetts Secretary of State’s office requires nonprofit employees who lobby to register with the state and pay a registration fee.
Shooting at Trump Rally Comes at Volatile Time in American History
Yahoo News – Peter Baker, Simon Levien, and Michael Gold (New York Times) | Published: 7/14/2024
For the first time in more than four decades, a man who was elected president of the United States was wounded in an assassination attempt when a gunman who appeared to have crawled onto a nearby roof opened fire at a Donald Trump rally in Butler, Pennsylvania. The explosion of political violence came at an especially volatile moment in American history and further inflamed an already stormy campaign for the White House. Authorities have reported a surge of threats against elected and appointed officials of both parties in recent years, as anger has come to dominate the political discourse.
From the States and Municipalities
Alaska – Statewide Initiative Would Restore Alaska Campaign Finance Limits
Alaska Public Radio – Robyne (KAUC) | Published: 7/17/2024
A group of Alaskans is circulating petitions this summer to restore state campaign finance limits. Citizens Against Money in Politics (CAMP) says its ballot initiative will give citizens the same power as large corporations and unions. Jus Tavcar, a volunteer coordinator with CAMP, initiative would limit contributions to $2,000 per election cycle for an individual candidate’s campaign, or $5,000 a year to a political party.
California – After Pushback, Ethics Commission Now Won’t Recommend That Nonprofits Report Lobbying
Long Beach Post – Melissa Evans | Published: 7/10/2024
After pushback from the nonprofit sector, the Long Beach Ethics Commission reversed course and will likely not recommend these organizations register as lobbyists if they routinely seek to influence city decisions. Commissioners are now seeking to instead add requirements that elected leaders and top officials upload their calendars to the city website and require additional leaders in city government to maintain publicly available calendars that can be obtained quickly through a public records request.
California – Search Under Way for New San Diego Ethics Commission Chief
MSN – Jeff McDonald (San Diego Union Tribune) | Published: 7/12/2024
Sharon Spivak, the journalist-turned-attorney who took over as executive director of the San Diego Ethics Commission four years ago after 15 years with the city attorney’s office, will leave her post late this year. The new executive director must be confirmed by the city council, but that process could change under a reform package pushed by City Attorney Mara Elliott. Spivak is expected to remain at the commission until next spring to assist with the transition once her successor is determined.
California – Oakland Company in FBI Crosshairs Sought City Homeless Shelter Contracts
MSN – Natalie Orenstein, Eli Wolfe, and Darwin BondGraham (Oaklandside) | Published: 7/10/2024
Evolutionary Homes, a company that appears to be at the center of the FBI corruption probe, recently angled to build housing for homeless people in Oakland. The company pitched its shelters, which are manufactured from shipping containers, to multiple council members over the past year. The company was named in a subpoena served against multiple Oakland officials. No shipping-container shelter plans ever came to fruition, but some of the companies involved told city leaders they believed there were major funds, possibly federal COVID relief money, to tap into for the projects.
California – SF Lawmaker Who Spent $80,000 in Campaign Funds on 49ers Tickets Faces Probe
SFGate – Alec Regimbal | Published: 7/12/2024
California Assembly member Matt Haney is being investigated for possibly violating state campaign finance laws. While the Fair Political Practices Commission did not offer specifics on the matter, some of Haney’s recent campaign expenditures have begun to raise eyebrows. Haney has spent more than $80,000 on San Francisco 49ers tickets since the beginning of 2023. Experts said it is not unheard of for candidates to host fundraisers at sporting events, but Haney’s spending seemed “excessive.”
California – California Limits Pay-to-Play Politics in Local Elections, but Federal Law Enables a Loophole
Yahoo News – Theresa Clift (Sacramento Bee) | Published: 7/11/2024
California has limited the amount a local candidate can accept from an individual donor before they must abstain from voting on issues that benefit that contributor. But independent expenditures offer a limitless alternative for individuals and groups that want to advocate for the election of candidates and the passage of measures that advance their agendas.
Colorado Public Radio – Andrew Kenny | Published: 7/16/2024
A political nonprofit that aided Colorado Gov. Jared Polis’s transition shortly after his 2018 election admitted it violated state campaign finance laws. Boldly Forward Colorado will pay an $18,000 fine and disclose its donors. In 2023, the group spent more than $350,000 in support of Proposition HH, a tax reform proposal backed by Polis. That money was given to the committee running the campaign. A complaint alleged Boldly Forward Colorado did not register as a committee and failed to report its electioneering activities.
Colorado Sun – Sandra Fish and Jesse Paul | Published: 7/17/2024
A new batch of federal campaign finance reports are raising more questions about how the Colorado Republican Party spent money to help party Chairperson Dave Williams’ unsuccessful run for Congress. Williams’ campaign donated $60,000 to the party on June 20. The donation came after the Colorado GOP June sent a series of mailers to voters on Williams’ behalf. Williams and his supporters defended the spending, promising that the party would be made whole but refusing to explain how.
Colorado – Two-Week Trial Begins in Lawsuit Challenging Colorado’s Campaign Contribution Limits
Colorado Sun – Sandra Fish | Published: 7/16/2024
A trial is underway on a federal lawsuit seeking to overturn Colorado’s voter-approved state campaign contribution limits, which are among the lowest in the country. The case was brought by three Republicans, who, backed by lawyers from a conservative political nonprofit, argue the state’s limits benefit self-funding candidates who can bankroll their campaigns. Senior Assistant Attorney General Michael Kotlarczyk said Colorado has had limits on campaign donations for 50 years and many state-level political contests remain competitive.
Florida – Florida Supreme Court Disbars Ex-Miami-Dade Judge, Citing ‘Pattern of Dishonesty’
MSN – News Service of Florida | Published: 7/11/2024
Pointing to what it described as a “deliberate pattern of dishonesty,” the Florida Supreme Court disbarred Former Miami-Dade County Judge Miguel Mirabal, who was accused of wrongdoing in his campaign finance reports and making misrepresentations to a judicial-nominating panel. Mirabal was elected as a county judge in 2020 but resigned after less than four months on the bench amid an investigation. “The referee ultimately found that the errors in Mirabal’s campaign finance reports were too numerous and far too politically advantageous to be a mere accident,” the Supreme Court opinion said.
Georgia – Georgia Court Sets December Argument for Trump Appeal to Remove Willis
MSN – Holly Bailey (Washington Post) | Published: 7/16/2024
A Georgia appellate court scheduled oral arguments on Donald Trump’s appeal of a state court ruling allowing Fulton County District Attorney Fani Willis to continue prosecuting the election interference case against the former president and several of his allies for December 5, one month after the election. Trump and eight co-defendants have sought to disqualify Willis and her office amid claims she had an improper relationship with an outside lawyer she appointed to lead the case.
Illinois – Lawyers for Illinois Ex-Speaker Madigan Ask Judge to Gut Indictment in Light of SCOTUS Ruling
MSN – Jason Meisner, Ray Long, and Megan Crepeau (Chicago Tribune) | Published: 7/15/2024
Armed with a U.S. Supreme Court decision that scaled back a key federal bribery statute, lawyers for former Illinois House Speaker Michael Madigan argued in a new filing that 14 counts of the indictment against him should be dismissed, in part because there is no proof Madigan agreed to use his official position for personal gain. Madigan’s lawyers say the Supreme Court’s ruling in the case of former Portage, Indiana, Mayor James Snyder does not criminalize “gratuities,” gifts given to elected officials to express thanks for taking a favorable action.
Indiana – Indiana Inspector General Clears State Employees of Ghost Employment, but Suggests Changes
Indiana Capital Chronicle – Leslie Bonilla Muñiz | Published: 7/12/2024
The Indiana Office of the Inspector General cleared two state employees – a supervisor and a subordinate – of alleged ghost employment and more. But the office recommended the Management Performance Hub, which employs the pair, take steps to “avoid the future appearance of impropriety.” The inspector general received an anonymous complaint alleging the hub let a subordinate attend an out-of-state conference unrelated to her duties, that she did not attend the conference, and she was rarely in the office for about a year.
Indiana – Ex-Lawmaker Sean Eberhart Sentenced in Casino Corruption Case
MSN – Tony Cook (Indianapolis Star) | Published: 7/10/2024
Former Indiana Rep. Sean Eberhart was sentenced to 12 months and a day in federal prison for pushing legislation favorable to a casino company in exchange for the promise of a future job with the company worth at least $350,000 a year. He was also given a $25,000 fine. Eberhart agreed to pay $60,000 in restitution to the state, an amount roughly the same as his annual compensation as a lawmaker.
Massachusetts – Fine Dining, Cigar Lounges, and TD Garden Suites: Here’s what happens when Beacon Hill’s most powerful pick up the tab
MSN – Matt Stout (Boston Globe) | Published: 7/12/2024
At some of the best restaurants and bars in Boston, those with an invitation gather at corner tables and in private rooms. Yet, for the top Democrats whose campaigns pay the tabs, permissive state campaign finance laws not only can create what one expert described as a “personal slush fund,” but also furnish a key means for maintaining power and control over their rank-and-file members, former lawmakers say. Massachusetts’ campaign finance rules are broad, allowing lawmakers to eat, drink, or travel on their campaign’s dime as long as they can show it is for the “enhancement of [their] political future” and is not “primarily for personal use.”
Nevada – Grand Jury Indicts Ex-Las Vegas Councilwoman Michele Fiore on Wire Fraud Charges
Nevada Independent – Tabitha Mueller | Published: 7/17/2024
A federal grand jury indicted Michele Fiore, a former Las Vegas City Council member and current Nye County justice of the peace, on charges she defrauded donors of more than $70,000 for personal gain. The indictment says Fiore solicited donations during her time on the city council to honor police officers killed in duty, promising “100 percent of the contributions” would be used to fund the creation of a statue memorializing the officers. But the funds were allegedly used by Fiore to pay her political fundraising bills, rent, and for her daughter’s wedding, among other uses.
New York – Trial to Decide N.R.A.’s Financial Future Begins in Manhattan
DNyuz – Danny Hakim and Kate Christobek (New York Times) | Published: 7/5/2024
New York Attorney General Letitia James is seeking to give oversight of the National Rifle Association (NRA) to a court-appointed official for three years, a step the group vehemently opposes. During an earlier phase of the civil trial, Wayne LaPierre, the longtime chief executive, was found liable for misspending $5.4 million of the NRA’s money. New York has special jurisdiction over the NRA, which was founded in the state more than 150 years ago.
New York – The Lobbyist Dating Carl Heastie Was Just Laid Off. He Was Not Pleased.
New York Focus – Chris Bragg | Published: 7/17/2024
The lobbyist who has been dating New York Assembly Speaker Carl Heastie was recently laid off from her job at a construction labor-management partnership. The decision prompted Heastie to call the labor group that employed her, In March, Heastie adopted a recusal policy in light of his relationship with Rebecca Lamorte that barred Heastie from meeting with officials from the Greater New York Laborers-Employers Cooperation & Education Trust and several affiliated organizations.
New York – In New York, Wage Theft Violators Get Millions in Government Contracts
ProPublica – Marcus Baram (Documented) | Published: 7/15/2024
Fedcap Rehabilitation Services helps find jobs for people with disabilities. Fedcap has received dozens of contracts worth more than $110 million from 10 New York City and state agencies, even though the company has committed millions of dollars in wage theft against hundreds of its workers. Under New York City and state procurement laws, contracting agencies are required to check vendors’ backgrounds, including for labor law violations, and award contracts only to those deemed “responsible.” But who is a “responsible vendor” is vaguely defined.
Yahoo News – Michael Gartland (New York Daily News) | Published: 7/16/2024
Brianna Suggs, whose home was raided last November by the FBI as part of an investigation into campaign donations linked to Turkey, is still working for New York City Mayor Eric Adams’ political campaign despite not appearing in recent filings. During Adams’ 2021 run for City Hall, Suggs proved to be a formidable fundraiser for him. She has claimed credit for raising $18.4 million for the campaign.
North Dakota – North Dakota Lawmakers Work to Update Harassment Policy
North Dakota Monitor – Mary Steuer | Published: 7/16/2024
State Lawmakers are reviewing their workplace harassment policy following a rise in complaints to the North Dakota Ethics Commission. The policy, which dates back to 2018, outlines a process for reporting and investigating allegations of sexual harassment or discrimination-based hostility. It covers not just lawmakers, but legislative staff as well as third parties like lobbyists and media members. The policy puts legislative leadership in charge of receiving harassment complaints.
Ohio – FirstEnergy Loses Appeal to Shield Internal Investigations of Bribery Schemes from Release
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 7/14/2024
A federal judge blocked an appeal from FirstEnergy, potentially leading to the release of two internal investigations into the company’s bribery schemes that it has spent the past year fighting to keep secret. Alongside criminal probes in the matter, a cadre of investors in FirstEnergy have sued alleging securities fraud, given losses they incurred as news of the scandal tanked the company’s share price. In June 2023, the investors began mounting a legal effort to obtain copies of the investigations. FirstEnergy claimed the reports are protected by attorney-client privilege.
MSN – Killary Borrud (Portland Oregonian) | Published: 7/17/2024
Oregon Department of Justice officials announced they closed their investigation into a former cryptocurrency executive’s $500,000 political donation to the state Democratic Party in 2022 without finding enough evidence to prove the misreported contribution criminally violated state campaign finance laws. Nishad Singh, who in 2022 was an executive at FTX, sent the Democratic Party of Oregon its largest donation on record in the final weeks of the competitive election for governor.
Pennsylvania – Secret Bank Accounts, $1M Deficit Plague City as Official’s Corruption Case Is Repeatedly Delayed
Spotlight PA – Min Xian and Angela Couloumbis | Published: 7/11/2024
A federal judge has repeatedly granted delays in the case of a former public official accused of corruption as the Pennsylvania city he once ran and allegedly fleeced grapples with the fallout and a nearly $1 million budget deficit. Federal authorities charged Herm Suplizio, DuBois’ ex-city manager, and his former secretary, Roberta Shaffer, with felony conspiracy and program theft. Officials allege Suplizio diverted money that belonged to the small city into secret bank accounts he and Shaffer controlled but over which the city had no oversight. Suplizio, they allege, used some of that money to pay off his credit cards.
Texas – Years into Their Work, Denton Ethics Board Is Facing Burden of Proof to Bring Changes to Ethics Code
Denton Record-Chronicle – Christian McPhate | Published: 7/10/2024
The Denton Board of Ethics has been in the process of updating the city’s ethics ordinance, which has been rife with issues since its passage in 2017. Critics claim city leaders did not follow the standard ethics model used across the state but instead created a Frankenstein version that has been haunting the board for years. The code has been called an “embarrassment” by David Zoltner, a current board member, in part due to the burden of proof requirement. It requires complainants to become what Zoltner called “amateur prosecutors” and prove their case at a public hearing.
Utah – Utah Supreme Court Sides with Opponents of Redistricting That Carved Up Democratic-Leaning Area
MSN – Mead Gruver (Associated Press) | Published: 7/11/2024
The Utah Supreme Court handed a victory to opponents of redistricting that carved up Democratic-leaning Salt Lake County among four congressional districts that have since all elected Republicans by wide margins. The ruling will not affect elections this year. The Supreme Court sent the case back to a lower court to revisit the process for redrawing the state’s congressional boundaries.
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