News You Can Use Digest - July 26, 2024 - State and Federal Communications

July 26, 2024  •  

News You Can Use Digest – July 26, 2024

National/Federal

Can Robert Menendez’s Bribery Conviction Survive an Appeal?

DNyuz – Benjamin Weiser (New York Times) | Published: 7/22/2024

With U.S. Sen. Robert Menendez, found guilty of corruption charges, his lawyers say they will appeal his conviction aggressively and believe he will be vindicated. Defense lawyers make such claims routinely, but in the realm of federal corruption cases, they may have reason to be optimistic. The U.S. Supreme Court, in rulings since 2010, has narrowed the legal definition of corruption, resulting in a number of convictions of political figures being overturned.

The Secret Battle for the Future of the Murdoch Empire

DNyuz – Jim Rutenberg and Jonathan Mahler (New York Tims) | Published: 7/24/2024

Rupert Murdoch is locked in a legal battle against three of his children over the future of the family’s media empire, as he moves to preserve it as a conservative political force after his death. Murdoch made a surprise move to change the terms of the irrevocable family trust to ensure his eldest son and chosen successor, Lachlan, would remain in charge of his collection of television networks and newspapers. He is arguing in court that only by empowering Lachlan to run the company without interference from his more politically moderate siblings can he preserve its conservative editorial bent, and thus protect its commercial value for all his heirs.

Corporate Donors Swarm GOP Convention: ‘It’s like a cocktail party’

MSN – Josh Dawsey (Washington Post) | Published: 7/18/2024

Many corporate donors treated Trump as a pariah after attack on the Capitol and decried his efforts to overturn the election. But now that Trump is the Republican standard-bearer, more than 300 executives and lobbyists attended the convention as guests of his campaign. Lobbyists from more than a dozen prominent firms attended the convention as guests of the Trump campaign’s host committee. To get in the boxes, donors must have written large checks or have promised big donations.

Election Officials Frustrated Trump Allies Suddenly Care About Rhetoric

MSN – Yvonne Wingett Sanchez and Patrick Marley (Washington Post) | Published: 7/19/2024

Soon after Donald Trump survived an assassination attempt, many of his prominent supporters placed blame not on the gunman who pulled the trigger but on President Biden, other Democrats. or journalists who have described the former president as a threat to democracy. But for years, election workers felt ignored as they described how Trump’s verbal attacks on the nation’s election systems resulted in threats of violence and terrorizing harassment. Now, Trump’s prominent supporters were paying attention to the potential ramifications of rhetoric but without acknowledging how their words had contributed to the nation’s toxic divisions.

Democrats Coalesce Around Harris, as She Kicks Off Bid with Attacks on Trump

MSN – Toluse Olorunnipa (Washington Post) | Published: 7/22/2024

The Democratic Party largely coalesced around Vice President Kamala Harris as its likely new presidential nominee as she kicked off her campaign by promising to prosecute a forceful case against Donald Trump and defend the legacy of President Biden. Harris secured pledges of support from a majority of Democratic National Convention delegates, a strong show of unity behind her presidential campaign that signals she is likely to officially become the party’s nominee in August.

FCC Commissioner Wrote a Project 2025 Chapter – Democrats Want Him Investigated Over It

MSN – Alison Durkee (Forbes) | Published: 7/17/2024

House Democrats called for an ethics investigation into Federal Communications Commission leader Brendan Carr, arguing he improperly used his office after he authored a chapter in the controversial Project 2025 policy agenda that lays out a blueprint for former Donald Trump to overhaul the executive branch. Carr’s actions may have violated ethics laws for federal employees and the Hatch Act, which prohibits federal employees from using their office for political activities, the lawmakers argued.

Secret Service Director Cheatle Resigns with ‘Heavy Heart’ After Trump Rally Shooting

MSN – Maria Sacchetti, Carol Leonnig, Nick Miroff, and Shayna Jacobs (Washington Post) | Published: 7/23/2024

U.S. Secret Service Director Kimberly Cheatle resigned in the aftermath of the assassination attempt on Donald Trump. The attack was the first against a U.S. leader on the elite protective agency’s watch in more than 40 years. Cheatle, a veteran Secret Service agent, had called the security failure involving a gunman shooting from an apparently unsecured roof at a Trump campaign rally on July 13 unacceptable and acknowledged “the buck stops with me.”

$30 Million Gift Will Fund Center to Push for Supreme Court Overhaul

MSN – Justin Jouvenal (Washington Post) | Published: 7/23/2024

A business executive and philanthropist pledged $30 million to launch a first-of-its-kind center pushing to overhaul the Supreme Court, after a series of ethics controversies and conservative rulings prompted rising scrutiny of the justices. The major gift from Jim Kohlberg, chairperson of a private equity firm, will fund research, public outreach, and policy advocacy over a decade at the Brennan Center for Justice. The announcement comes amid a flurry of Democratic activity related to reshaping the court.

Bob Menendez to Resign Senate Seat Following Federal Bribery Conviction

MSN – Abbie Cheeseman and Nicole Markus (Washington Post) | Published: 7/23/2024

Sen. Bob Menendez plans to resign effective August 20. He was convicted of taking bribes from three businesspeople who showered him and his wife with cash, gold bars, and a Mercedes-Benz, an extravagant bounty for his help securing deals with foreign officials and trying to derail several criminal investigations in New Jersey. A jury found Menendez guilty on 16 felony counts, including bribery, extortion, and working as a foreign agent on behalf of Egypt.

Trump Allies Crush Misinformation Research Despite Supreme Court Loss

MSN – Cat Zakrzewski and Naomi Nix (Washington Post) | Published: 7/24/2024

A legal campaign led by allies of Donald Trump is attempting to cast the study of misinformation as part of a broader conspiracy to censor conservative voices online. It has transformed the daily life and work of those who worked at tracking election misinformation online, a field now reeling as the 2024 presidential race enters its final months. False rumors and disinformation have proliferated online as the nation reels from the assassination attempt on Trump and President Biden’s withdrawal from the race.

GOP Eyes Legal Challenges as Harris Assumes Control of Biden’s War Chest

MSN – Maeve Reston (Washington Post) | Published: 7/21/2024

Within hours of President Biden announcing his decision to leave the race, his reelection committee submitting an amended filing to the FEC changing its name to “Harris for President” so Vice President Harris would have access to the millions of dollars in the fund. Several campaign finance lawyers aligned with Republicans argue the campaign does not have legal authority to do that and the maneuver is all but certain to be challenged before the FEC or in court.

Biden’s 50 Years in Politics Defined by Triumph, Tragedy and a Reluctant Exit

MSN – Toluse Olorunnipa (Washington Post) | Published: 7/21/2024

President Biden’s decision to drop out of the 2024 presidential race marks the sunset of a consequential career in public service that spanned more than 50 years. The move caps a turbulent journey in Washington for a self-described “great respecter of fate” who acquiesced to the conclusion drawn by many Democratic leaders and allies that, at 81 and showing increasing signs of aging, he did not have a viable path to defeating Donald Trump.

DOJ Review Blames Stone Sentencing Flip on Poor Leadership, Not Politics

MSN – Spencer Hsu (Washington Post) | Published: 7/24/2024

The Justice Department’s inspector general blamed “ineffectual leadership” and not political interference for the softening of Roger Stone’s sentencing recommendation in February 2020 after his conviction for lying to Congress. The report upheld an account by then-Attorney General William Barr but also found that line prosecutors’ suspicions of political meddling by Donald Trump’s administration were not unreasonable.

Ex-Mass. Congressional Candidate Sentenced for Using Campaign Donations to Pay Debts

MSN – Susannah Sudborough (MassLive) | Published: 7/23/2024

Abhijit Das, a former Massachusetts congressional candidate, was sentenced to 21 months in prison with a fine of $25,000 for breaking federal campaign finance law, including by using political donations to pay back money he owed from running his hotel business. While running for office in December 2017, he devised a scheme to inflate his fundraising numbers that involved asking for personal loans from friends over the $2,700 limit set by federal law.

Ethics Commissions: Obliging government to control itself

National Conference of State Legislatures – Helen Brewer and Adam Kuckuk | Published: 7/23/2024

Government makes rules for the people, but who makes the rules for the government? In the Federalist Papers, James Madison saw this issue as one of the greatest challenges in creating a republic: “You must first enable the government to control the governed; and in the next place, oblige it to control itself.” One of the many ways state governments are obliged to control themselves is through ethics commissions. How these commissions are structured, the jurisdiction they have, how they operate, and what they cover varies greatly by state.

Campaign Finance Watchdog Raises Alarm About Recent FEC Super PAC Decisions

Ohio Capital Journal – Nick Evans | Published: 7/24/2024

Some campaign finance experts argue the FEC is fundamentally broken and is taking a wrecking ball to campaign spending rules. For years, the agency moved at a glacial pace and often deadlocked when it came to enforcement decisions. But more recently, a majority of commissioners have begun issuing decisions that consistently roll back political spending restrictions.

Activist Group Files Ethics Complaint After Member Accused of Accosting GOP Lawmaker

Yahoo News – Yash Roy (The Hill) | Published: 7/18/2024

Activist group Code Pink submitted a complaint against U.S. Rep. Derrick Van Orden to the House ethics committee over now-dismissed battery charges. The Milwaukee County district attorney’s office dismissed the misdemeanor battery charge against Code Pink activist Nour Jaghama after Van Orden accused her in a social media post of assaulting him outside the Republican National Convention in Milwaukee.

From the States and Municipalities

Canada – Influencers Put on Notice, Guelph Lobbyist Registry Moves Forward

Guelph Today – Richard Vivian | Published: 7/24/2024

The Guelph City Council voted to establish a municipal lobbyist registry. The registry, which will come into being on October 1 but not be enforced until January 1, requires lobbyists with a financial interest to publicly report each time they attempt to influence a council member, along with identifying their employer and details about the subject at hand.

California – Democrats Run the California Capitol. When the Party Backs a Bill, Lawmakers Pay Attention

CalMatters – Ryan Sabalow | Published: 7/22/2024

The California Democratic Party is a multimillion-dollar powerhouse whose endorsements and campaign money can make or break a politician’s aspirations for state or federal office. The party also regularly throws its weight around on individual pieces of legislation in the state Capitol, where Democrats hold supermajorities in both chambers. Few other organizations have weighed in on more legislation, making the party, whose primary function is electing Democrats, one of the most prolific, and successful, lobbying organizations at the statehouse.

California – Mark Farrell Doubles Down on Practice of Commingling Campaign Funds

Mission Local – Kelly Waldron | Published: 7/24/2024

San Francisco mayoral candidate Mark Farrell has continued a practice his opponents say amounts to skirting campaign finance limits. He pooled $160,895 in expenses between his mayoral race and a ballot measure he is backing. Rival campaigns allege this effectively allows Farrell to access larger sums from big-money donors, who are not hamstrung by the city’s contribution limits on giving to candidates directly.

California – Stockton Drafting Possible Transparency Rules for Political Consultants After Grand Jury Report

MSN – Aaron Leathley (Stockton Record) | Published: 7/18/2024

The Stockton City Council members took a first step toward creating new transparency rules for political consultants and possibly establishing a city ethics commission. The council’s legislative committee told interim City Clerk Katherine Roland to draft policies that would require consultants working with local candidates and politicians to reveal basic information about their businesses and clients.

California – LA County Supervisors Back a Ballot Measure to Add 4 Seats, Elect a County CEO

MSN – Steve Scauzillo (Los Angeles Daily News) | Published: 7/23/2024

Despite mounting opposition, a ballot measure that would increase the number of Los Angeles County Board of Supervisors from five to nine members, create an elected, not appointed, county executive officer, and establish an ethics commission received its first vote of approval. It needs a second and final vote that is set for July 30 and the sweeping governance reform, the first multi-pronged charter reform package in more than 100 years that will change the face of county government, will go before voters on November 5.

California – Rep. Ken Calvert Has Secured Millions for His Riverside County District. Do His Own Properties Benefit?

Yahoo News – Laura Nelson (Los Angeles Times) | Published: 7/22/2024

Since Congress brought back the legislative process known as earmarking in 2022, few lawmakers have been as successful at securing funds for their district as Rep. Ken Calvert, who has been in Congress longer than any other California Republican. He has funneled more than $100 million since then into projects in his Riverside County district. The earmarks include $16 million in planned transportation improvements that fall within several miles of rental properties Calvert owns, raising questions about the extent to which he personally benefits from the earmarks he has secured.

Colorado – Colorado Campaign Donation Limits Case to Be Decided Later This Year

Colorado Sun – Sandra Fish | Published: 7/24/2024

A federal judge will decide after the November 5 general election whether Colorado’s political donation limits for candidates are legal. Three Republicans are challenging the limits enacted by voters in 2002 claiming they violate the First Amendment by limiting donors’ freedom of speech. Senior U.S. District Court Judge John Kane rejected their attempt to suspend the limits immediately.

District of Columbia – D.C. Prosecutor Accused of Misconduct at Trials of Anti-Trump Protesters

MSN – Peter Herman (Washington Post) | Published: 7/24/2024

A federal prosecutor who oversaw sweeping arrests of anti-Trump demonstrators in the nation’s capital manipulated evidence alongside a District of Columbia police detective in an apparent attempt to strengthen the case, according to an office that investigates misconduct complaints against attorneys in the city. Jennifer Kerkhoff Muyskens worked with a detective, Greggory Pemberton, to edit video of people planning protests of the president’s 2017 inauguration, and later falsely told the court about it, the Office of Disciplinary Counsel alleges.

Georgia – Georgia Democrats Sue to Overturn Law Allowing Unlimited Campaign Cash, Saying GOP Unfairly Benefits

MSN – Jeff Amy (Associated Press) | Published: 7/19/2024

Georgia Democrats are suing to overturn the ability of Gov. Brian Kemp and others to raise unlimited political contributions and spend them on behalf of any political cause. The Democratic Party of Georgia filed a federal lawsuit that asks a judge to declare a 2021 law that created leadership committees is unconstitutional because it unfairly gives unlimited fundraising powers to some people but not others.

Hawaii – Hawaii Contractors Are Still Big Contributors to Political Campaigns, Thanks to Loopholes in State Law

Honolulu Civil Beat – Blaze Lovell | Published: 7/24/2024

Hawaii banned contributions from contractors in 2005, but the Legislature wrote a loophole into the law that allowed officers, owners, employees, and family members to continue donating. A media investigation this year found nearly one-fifth of all campaign donations made since 2006 came from people tied to contractors. Efforts to close the loophole failed in the last two legislative sessions. Citing the New York Times and Honolulu Civil Beat investigation, lawmakers and government watchdog groups have said they will take up the issue again next year.

Illinois – Madigan Crony Asks for Severance from Upcoming Corruption Trial, Claiming Ex-Illinois Speaker’s Legal Team Could ‘Ambush’ Him

MSN – Jason Meisner, Ray Long, and Megan Crepeau (Chicago Tribune) | Published: 7/22/2024

Attorneys for Michael McClain asked that he be severed in his upcoming racketeering trial with former Illinois House Speaker Michael Madigan, revealing for the first time that Madigan’s legal team may be planning to throw McClain under the bus. The motion said McClain’s right to a fair trial was in peril due to a theory of Madigan’s defense that would essentially make them “second prosecutors,” putting McClain in the position of having to defend himself not only from government accusations but his co-defendant too.

Maine – Republican Lawmaker Escapes Penalty for Repeatedly Missing Campaign Finance Deadlines

Yahoo News – Randy Billings (Portland Press Herald) | Published: 7/24/2024

A state lawmaker will not face any penalties for routinely failing to file timely campaign finance reports for his PAC. The Maine Commission on Governmental Ethics and Election Practices ruled Rep. Richard Campbell violated state law. But commissioners were not able to assess a financial penalty because Campbell’s Building the Maine House PAC has not actively raised or spent money for the last four years.

Maine – Maine Lawmakers Want to Rein in Vague ‘Concept Bills,’ Late-Night Votes

Yahoo News – Randy Billings (Portland Press Herald) | Published: 7/19/2024

A group of Maine lawmakers is considering a list of proposals to improve transparency and efficiency in the Legislature following the chaotic conclusion of this year’s session. The potential rule changes include capping the number of bills that can be submitted, limiting the use of placeholder bills that lack policy specifics, and putting an end to late-night votes, especially on the state budget.

Maryland – Baltimore County Spending $550K to Shield 2020 Settlement to Brother of County Executive’s Friend

MSN – Cassidy Jensen and Lia Russell (Baltimore Sun) | Published: 7/17/2024

Baltimore County Executive Johnny Olszewski Jr.’s administration secretly paid his friend’s brother an $83,675 settlement after backing out of an agreement to increase the retired firefighter’s pension, which county lawyers said would have violated state law. Now, the administration could pay more than $500,000 in a court fight to keep secret details about the settlement. Former County Administrative Officer Fred Homan sued the county, alleging officials violated the Maryland Public Information Act by withholding documents he requested related to the settlement.

Mississippi – Mississippi Ordered to Create More Black Districts, Hold Special Elections Next Year

MSN – Taylor Vance (Biloxi Sun Herald) | Published: 7/19/2024

The Mississippi Legislature must adopt new state Senate and House maps with Black-majority districts during its 2025 session and conduct elections to fill those new seats, a federal three-judge panel ruled. The judges previously ruled the districts drawn in 2022 by the Legislature diluted Black voting strength. The State Board of Election Commissioners argued the elections should take place next year because it would be nearly impossible to redraw the districts in time for November elections.

Missouri – Kehoe Campaign for Missouri Governor Riding on Bus Owned by Lobbyist for Chinese Pork Producer

Yahoo News – Rudi Keller (Missouri Independent) | Published: 7/21/2024

In his campaign for governor, Lt. Gov. Mike Kehoe has promised voters he will stop China “from buying up our farmland.” He is doing so while traveling the state in a bus owned by Jewell Patek, a former legislator who is the only Missouri lobbyist employed by the Chinese business that owns a significant chunk of agricultural land in the state. The cost of using Patek’s bus is not listed among the expenses reported in Kehoe’s latest campaign finance report.

Montana – Montana Attorney General Didn’t Violate Campaign Finance Rules, Elections Enforcer Says

MSN – Amy Beth Hanson (Associated Press) | Published: 7/19/2024

Commissioner of Political Practice Chris Gallus said Montana Attorney General Austin Knudsen did not violate any laws after he was reported to have recruited Logan Olson to run against him for campaign finance purposes. The contribution limit for the attorney general’s race is $790, but candidates can receive twice that from individuals if they have a primary opponent. Gallus said did not have evidence to show Olson was not a “bona fide” candidate or that he was offered any “payment or promise” for running.

New York – Elected Official Charged with Biting NYPD Officer

MSN – Jeff Coltin (Politico) | Published: 7/17/2024

New York City Council member Susan Zhuang was arrested on charges she bit a deputy police chief while protesting a planned homeless shelter in her Brooklyn district. Zhuang’s communications director, Felix Tager, said “Zhuang was arrested after trying to protect an 80-year-old woman” who was being pushed up against the barricades. NYPD Chief of Patrol John Chell disagreed, saying the woman had laid herself under the barricade.

New York – Contributions That Exceed Legal Limits Poured into Eric Adams’ Campaign

The City – Greg Smith | Published: 7/19/2024

Individuals on New York City’s official “doing business” list donated more than the limit to Mayor Eric Adams’ 2021 campaign and now his 2025 bid for re-election. Donors who exceeded the $400 cap have had the excess money refunded following review by the Campaign Finance Board well after the campaign has touted its fundraising hauls in competitive races. In addition to banning corporate contributions, amendments to the city charter gave the board the power to regulate donations from individuals involved in city business.

Ohio – Ohio House Speaker Jason Stephens Scores Temporary Legal Win in Fight Over Campaign Account

MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 7/23/2024

Ohio House Speaker Jason Stephens scored an unexpected legal win as a state appeals court temporarily held up a lower-court injunction stripping him of control over the chamber’s campaign arm. It throws an unexpected hurdle in the way of attempts by a majority of Republicans to wrest control of the Ohio House Republican Alliance’s from Stephens, who was elected speaker last year with the support of only about one-third of his caucus as well as every Democrat.

Oregon – The Feds Warned Oregon Officials That a Report on Alcohol Taxes Was Fundamentally Flawed

Willamette Week – Lucas Manfield | Published: 7/24/2024

The director of the Oregon Health Authority (OHA), Dr. Sejal Hathi, told lawmakers, advocates, and business leaders on a state Liquor and Cannabis Commission task force that her agency was wrong to bury a report that showed increasing taxes on beer and wine would do little to curb excessive drinking. The shelving of that report left the impression the OHA withheld it because it clashed with the agency’s desire to hike taxes to reduce excessive drinking. The report was not just politically inconvenient. According to some scientists, it was also flawed because it was based on research funded by the alcohol industry.

Tennessee – Tennessee Election Finance Board to Subpoena Members of Constitutional Republicans

Tennessee Lookout – Sam Stockard | Published: 7/24/2024

Dissatisfied with a state attorney general’s investigation, the Registry of Election Finance is set to subpoena members of the Tennessee and Sumner County Constitutional Republicans to have them explain how they operate without registering as a PAC. A complaint accuses the groups of acting like a PAC by making expenditures for candidates or issues but refusing to register with the state. Five people spoke to a state investigator, but three others declined.

Texas – In Texas, Violating Campaign Ethics Laws Rarely Yields Repercussions. The Attorney General’s Office Is to Blame.

MSN – Zach Despart (Texas Tribune) | Published: 7/23/2024

Three decades following its inception, the Texas Ethics Commission is toothless. Compliance with ethics laws is largely voluntary. That is because the agency relies on the Texas attorney general to enforce payment of fines for violations. Under Ken Paxton, who himself owes $11,000 in ethics fines, that has rarely happened. A review by The Texas Tribune found the number of politicians, lobbyists, and PACs that owe fines for breaking state campaign finance laws has exploded in recent years.

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