June 18, 2021 •
News You Can Use Digest – June 18, 2021
Biden’s Vow to Limit Ethics Conflicts Finds a Test Case: The Ricchetti brothers
MSN – Michael Scherer and Sean Sullivan (Washington Post) | Published: 6/14/2021
President Biden vowed to ban his own family from involvement in government, disclose records of White House visitors, and support new legislation that would expand the definition of lobbying and mandate more detailed disclosure of contacts with White House officials. The White House has chastised Biden’s brother for evoking his relationship to the president in an ad for his law firm. But when it comes to dealing with the family and former employer relationships of senior staff, some of whom have close relatives or former bosses who work in the private sector on public policy issues, the White House has largely reverted to existing precedent.
Earmark Return Boosts Lobbyists Hired to Give Localities an Edge
Bloomberg Government – Megan Wilson and Jack Fitzpatrick | Published: 6/17/2021
Van Scoyoc Associates, the lobbying firm that once reigned as a leader in nabbing local earmarks, was eager to get back into the game this year when Congress revived the practice of designating funding for lawmaker projects. When the House released its latest round of spending requests, the firm was among the leaders on K Street in clinching projects. Lobbying firms such as Van Scoyoc are pitching their expertise in securing money for municipalities and nonprofit groups around the country that seek help navigating the time-consuming appropriations process on Capitol Hill.
Emails Show Trump Pressured Justice Dept. Over 2020 Election
MSN – Michael Balsamo and Colleen Long (Associated Press) | Published: 6/15/2021
During the last weeks of his presidency, Donald Trump and his allies pressured the Justice Department to investigate unsubstantiated claims of widespread 2020 election fraud that even his former attorney general declared without evidence, emails show. The emails reveal in new detail how Trump, his White House chief of staff, and other allies pressured members of the U.S. government to challenge the 2020 election over false claims. They also show the extent to which Trump worked to enlist then-acting Attorney General Jeffrey Rosen in his campaign’s failing legal efforts to challenge the election result.
Exodus of Election Officials Raises Concerns of Partisanship
MSN – Anthony Izaguirre (Associated Press) | Published: 6/13/2021
After facing threats and intimidation during the 2020 presidential election and its aftermath, and now the potential of new punishments in certain states, county officials who run elections are quitting or retiring early. The once quiet job of election administration has become a political minefield thanks to the baseless claims of widespread fraud that continue to be pushed by many in the Republican Party. The exits raise the question of who will take these jobs.
F.E.C. Dismisses Case Against Democrats Over Outreach to Ukraine
New York Times – Kenneth Vogel | Published: 6/16/2021
The FEC dismissed a complaint by an ally of former President Trump accusing the Democratic Party and one of its former consultants of violating campaign finance laws by working with Ukraine to help Hillary Clinton’s 2016 campaign by damaging Trump’s. An unusual bipartisan combination of members of the commission voted against pursuing the complaint. It claimed the Democratic National Committee and a consultant who had worked for it violated a prohibition on foreign donations by soliciting damaging information and statements from Ukrainian government officials about Paul Manafort, who was Trump’s campaign chairperson at the time.
G.O.P. Bills Rattle Disabled Voters: ‘We don’t have a voice anymore’
New York Times – Maggie Astor | Published: 6/14/2021
A series of Republican bills to restrict voting access across the country would disproportionately affect people with disabilities. For years, advocates have worked to mobilize Americans with disabilities, more than 38 million of whom are eligible to vote, into a voting bloc powerful enough to demand politicians address their needs. Now, after an election in which mail-in voting helped them turn out in large numbers, the restrictive proposals are simultaneously threatening their rights and testing their nascent political influence.
Garland Announces Expansion of Justice Department’s Voting Rights Unit, Vowing to Scrutinize GOP-Backed Voting Restrictions and Ballot Reviews
MSN – Amy Gardner and Sean Sullivan (Washington Post) | Published: 6/11/2021
Attorney General Merrick Garland pledged to double the size of the Justice Department’s voting rights enforcement staff to combat efforts to restrict ballot access and prosecute those who threaten or harm election workers. Garland said the additional trial attorneys will scrutinize new laws and existing practices across the nation for potential discrimination against Americans of color, including in new measures Republican state lawmakers are pushing. The expanded unit will also monitor the growing number of post-election ballot reviews being called for by supporters of former President Trump.
‘It Was Exhaustion, It Was Sadness, It Was Fatigue’: America’s mayors call it quits
Politico – Lisa Kashinsky | Published: 6/16/2021
Mayors across the country are calling it quits after an exhausting year navigating the front lines of an unprecedented confluence of crises that touched nearly every aspect of human life. Mayors in cities big and small, urban and rural, are giving up for now on their political careers. In the process, they’ are shaking up the municipal landscape, creating a brain drain in City Halls and upsetting the political pipeline all over America. Covid-19 changed the calculus for mayors mulling reelection, but the public health crisis was only a fraction of a larger equation.
Justice Dept. Drops John Bolton Book Lawsuit, Won’t Charge the Ex-Security Aide Who Became Trump’s Scathing Critic
MSN – Spencer Hsu and Josh Dawsey (Washington Post) | Published: 6/16/2021
The Justice Department abandoned its effort to claw back profits of a book by former Trump national security adviser John Bolton and closed a grand jury investigation into whether he criminally mishandled classified information without charging him. Bolton’s attorney called the dismissal a complete vindication for the diplomat, repudiating what Bolton said was the Trump White House’s politically motivated attempt to stifle the pre-election publication of his critical memoir before the 2020 presidential election, using security as a pretext.
Manchin Outlines Demands on Voting Legislation, Creating an Opening for Potential Democratic Compromise
MSN – Matt Zapotosky and Tom Hamburger (Washington Post) | Published: 6/16/2021
Joe Manchin, the lone Senate Democrat who is not sponsoring a sweeping voting rights and campaign finance bill, outlined for the first time a list of policy demands on election legislation – opening the door to a possible compromise that could counter a bevy of Republican-passed laws that have rolled back ballot access in numerous states. Manchin is willing to support key provisions of the For the People Act, including mandating at least two weeks of early voting and measures meant to eliminate partisan gerrymandering of congressional districts. But he also supported several provisions that have historically been opposed by most Democrats.
McGahn Elaborates on Mueller Testimony, but Stops Short of Condemning Trump in Interview with Congress
MSN – Karoun Demirjian, Rosalind Helderman, Tom Hamburger, and Felicia Sonmez (Washington Post) | Published: 6/9/2021
Former White House counsel Donald McGahn told lawmakers he was seeking to avoid “a chain reaction that would be not in anyone’s interest” when he ignored then-President Trump’s direction to fire the special counsel investigating Russia’s interference in the 2016 election, according to a transcript of his closed-door testimony. The exchange came after a two-year court battle for McGahn’s testimony. His appearance on Capitol Hill was the product of a deal between lawmakers and the Biden administration that ended any further appeals.
Trump’s FDA Commissioner Takes Job at Moderna Backer
MSN – Dan Diamond (Washington Post) | Published: 6/14/2021
Former FDA Commissioner Stephen Hahn is joining the venture capital firm that launched Moderna and remains closely tied to the coronavirus vaccine maker. Hahn headed the FDA when it authorized Moderna’s vaccine last year before stepping down at the end of the Trump administration. The move is the latest by a federal official to a company that is regulated by the government or that might profit from firms regulated by the government, what critics call a “revolving door” they say undermines trust in federal decisions.
Trump’s Justice Department Secretly Sought Data from Apple on Former White House Counsel McGahn
MSN – Matt Zapotosky and Tom Hamburger (Washington Post) | Published: 6/13/2021
The tech company Apple recently notified former White House counsel Donald McGahn and his wife that the Justice Department had secretly requested their information in 2018. Seizing a White House counsel’s data is striking. The latest development comes amid criticism of the Trump-era leak investigations involving members of Congress and journalists at several news organizations. Meanwhile, Republicans have questioned the seizure of records of Rudolph Giuliani, Trump’s personal attorney, and another lawyer, Victoria Toensing.
Canada – Ethics Committee Calls for Sweeping Reforms in Wake of WE Charity Scandal
CBC – Elizabeth Thompson | Published: 6/10/2021
A House of Commons committee is proposing a sweeping series of reforms to the way the federal government in Canada makes decisions on contracts after releasing a report on the WE Charity scandal. Among the nearly two dozen recommendations, the committee recommends the government no longer award contracts to shell companies that lack assets to avoid liability. The committee said it also wants to see changes in rules put in place to prevent conflicts-of-interest on the part of cabinet ministers. It also says that public office holders should be accompanied by staff to take notes when they meet lobbyists.
Canada – Lobbyists Slipping Through Cracks of Lobbying Act: Commissioner
iPolitics – Aiden Chamandy | Published: 6/15/2021
The latest high-profile investigation to reveal shortcomings in Canada’s lobbying demonstrates the legislation still needs a parliamentary review, Lobbying Commissioner Nancy Bélanger said. Rob Silver, husband of Prime Minister Justin Trudeau’s chief of staff, Katie Telford, has had contact with officials handling the federal wage subsidy and rent-relief programs. Bélanger said she suspects lobbying occurred that does not meet the threshold to register in Silver’s case, but she has no data to support the claim, because it is not collected in the federal lobbying registry.
From the States and Municipalities
Alaska – Records Show Little Email Contact Between Gov. Dunleavy’s Former Aide and Oil Company That Hired Him
KTOO – Nathaniel Herz (Alaska Public Media) | Published: 6/14/2021
Ben Stevens, Alaska Gov. Mike Dunleavy’s former chief of staff, had minimal email contact with officials from ConocoPhillips before he left his state post to take an executive job at the and gas company, according to his correspondence. Interest groups and some lawmakers have been scrutinizing Stevens’ move from state service to the private sector, saying the quick transition raises questions about whether Stevens is complying with state ethics laws.
California – San Diego Website Meltdown Preceded by Vendor Spat, Email Shows
San Diego Reader – Matt Potter | Published: 6/14/2021
The intrigue surrounding the city of San Diego’s abrupt switch to a new campaign finance disclosure website has deepened with the partial rejection by city officials of a request for public records that might shed further light on the controversial matter. The bumpy changeover of the site’s operator, from the veteran contractor Netfile to a new vendor calling itself Pasadena Consulting, was undertaken two months ago by the city clerk’s office without public announcement or official word to the site’s operator or official word to the media.
Colorado – Colorado Supreme Court Beats Back State Politicians’ Redistricting Efforts
Denver Gazette – Evan Wyloge | Published: 6/1/2021
Colorado’s independent redistricting commissions are independent from the state’s political class and their desires, the state Supreme Court ruled in rebuffing lawmakers, the governor, secretary of state, and attorney general. The Colorado Supreme Court said legislation that would change this year’s redistricting process amounts to an unconstitutional infringement on the redistricting commissions’ authority to determine how to go about their once-in-a-decade work of redrawing the state’s political maps.
Connecticut – Lawyer Says ‘No Quid Pro Quo’ in Provision Struck from Connecticut Marijuana Bill That Favored One Producer
Hartford Courant – Mark Pazniokas (Connecticut Mirror) | Published: 6/14/2021
Investor J.D. DeMatteo’s interest in getting one of the first licenses to produce marijuana for Connecticut’s recreational market coincided with state Sen. Doug McCrory’s desire to open the industry to “social equity” applicants from poor and urban neighborhoods. McCrory insisted on a provision in the cannabis legalization bill that was intended to allow DeMatteo to jump to the head of the line for a cultivation license if he took on a social equity partner. Whether the provision was the result of altruism, opportunism, or a bit of both, it became an example of the ad hoc nature of legislative negotiations over how to dole out access to a lucrative new market.
Florida – Miami Beach Rep. Michael Grieco Ordered to Pay $1,000 After Probe of Ethics Lapses
MSN – Christina Sant Louis (Miami Herald) | Published: 6/12/2021
The Miami-Dade Commission on Ethics & Public Trust issued a “letter of instruction” rebuking state Rep. Michael Grieco for twice violating the Citizens’ Bill of Rights during his term as a Miami Beach commissioner. The commission found Grieco falsely portrayed his involvement with the People for Better Leaders PAC. It ordered him to pay $1,000 to cover costs. A third allegation that Grieco indirectly solicited a contribution from a city vendor was dismissed.
Hawaii – Emails Show HART Leaders Always Wanted to Hire Hanabusa as Consultant
Honolulu Civil Beat – Marcel Honore and Nick Grube | Published: 6/15/2021
Before a lucrative rail consulting gig went out for public bid, top officials at the Honolulu Authority for Rapid Transportation (HART) were determined to award that contract to the board’s former chairperson, Colleen Hanabusa, internal records show. HART Board Chairman Toby Martyn declared in December he wanted to hire Hanabusa as a lobbyist who could help with its budget problems and would report directly to the board she used to lead. Martyn also discussed the contract with Hanabusa 10 days before the solicitation was released publicly. HART leaders say there were no procurement violations, but they are still checking whether the process violated city ethics policies.
Maine – Maine Ethics Panel Votes to Pursue Records from Power Line Opponents
Portland Press Herald – Scott Thistle | Published: 6/11/2021
Maine’s campaign finance watchdog agency voted to continue efforts to determine whether a limited liability corporation working to block a controversial transmission line project should have registered as a PAC or a ballot question committee. The Commission on Governmental Ethics and Election Practices also agreed to pursue a subpoena for financial information from an unidentified political consultant who has worked with Stop the Corridor to stop the New England Clean Energy Connect project. The project will be the subject of a statewide ballot question in November.
Massachusetts – Judge Rejects Plea Deal in Corruption Case of Former Correia Chief of Staff
WPRI – Shaun Towne and Steph Machado | Published: 6/10/2021
A federal judge rejected a plea deal Genoveva Andrade made with prosecutors in a public corruption case that would have spared her jail time. The unusual decision means Andrade, who was chief of staff to former Fall River Mayor Jasiel Correia, remains charged with six crimes. She could potentially go to trial or plead guilty again under a new agreement with the prosecution. Andrade pleaded guilty to helping Correia in his scheme to shake down marijuana vendors for bribes in exchange for his approval of their proposed cannabis shops.
Massachusetts – Mass. Republican Party Explored Whether It Can Use Its Own Money to Pay for a Candidate’s Legal Fees
MSN – Matt Stout (Boston Globe) | Published: 6/13/2021
The Massachusetts Republican Party, which has struggled to raise money in recent years, asked state campaign finance regulators if it could tap its own legal defense fund to pay costs for a candidate who is facing “legal actions initiated by a state administrative or law enforcement agency.” GOP Chairperson Jim Lyons, state Sen. Ryan Fattman, and Stephanie Fattman, the Worcester County Register of Probate and Ryan Fattman’s wife, were each referred to Attorney General Maura Healey’s office in April by the state campaign finance office, which said it had evidence they and others may have violated various campaign finance laws last year.
Mississippi – Lt. Gov. Hosemann’s Inaugural Nonprofit Got $368k in Secret Donations, Filings Show
Mississippi Daily Journal – Luke Ramseth | Published: 6/10/2021
A nonprofit created to fund Lt. Gov. Delbert Hosemann’s inauguration raised hundreds of thousands of dollars in secret donations, with some gifts as large as $20,000, recent tax filings show. The organization, Advance Mississippi 2020, raised the money to pay for inauguration events early last year including a gala and prayer breakfast. The group was dissolved later in 2020 with the leftover money given to several charities. The documents are the latest example of how Mississippi politicians can use nonprofits to sidestep the usual restrictions and transparency required by campaign finance laws.
Nebraska – Donor to Nebraska Anti-Gambling Campaign Will Pay Record-Breaking Late Filing Fee
Omaha World-Herald – Martha Stoddard | Published: 6/11/2021
An Ohio-based group that spent more than $2.3 million to fight Nebraska’s casino gambling measures last fall will pay a record-breaking fine for missing a campaign finance report deadline. The Nebraska Accountability and Disclosure Commission voted to grant a request for relief from Collective Prosperity. They reduced the fee to $23,130, down from the original $231,300 that was determined by a formula in state law. The law requires corporations, unions, trade groups, or professional associations based outside of Nebraska to file contribution reports if they give more than $10,000 a year to a Nebraska campaign.
New York – Cuomo’s Inner Circle Raised Money for Aide Who Was Convicted of Bribery
New York Times – Brian Rosenthal and J. David Goodman | Published: 6/15/2021
After one of New York Gov. Andrew Cuomo’s most trusted aides and closest friends, Joseph Percoco, was convicted of accepting more than $300,000 in bribes from executives with business before the state, the governor quickly distanced himself. Privately, however, members of Cuomo’s inner circle, including one of his sisters, have for years been raising money for Percoco. As recently as last year, the group was helping to fund Percoco’s appeal of his conviction, after some of its members also helped finance a trust fund for his children.
New York – Longtime Assembly Aide Approved as New York’s Election Watchdog
Albany Times Union – Chris Bragg | Published: 6/14/2021
Michael Johnson a former New York Assembly aide, was chosen as the state Board of Elections chief enforcement counsel, replacing Risa Sugarman. When the enforcement counsel position was created in March 2014, it was touted as a major reform. During her six-year tenure, Sugarman angered a wide swath of the Legislature with investigations and lawsuits. She fined major labor unions that were allies of Assembly Democrats. In the Senate, the list of targets included all three factions of the chamber: Democrats, Republicans, and the now-defunct Independent Democratic Conference.
North Dakota – North Dakota Paid Its Top Investment Management Firm Millions Without Competitive Bidding Process
The Forum – Patrick Springer | Published: 6/15/2021
The state of North Dakota has paid its top investment consultant $12.9 million over the past 20 years without subjecting the firm to a competitive bidding process, an arrangement allowed by state law. The North Dakota State Investment Board has relied on investment consultant Callan for more than three decades to help select investment managers to steer the state’s $19.4 billion investment portfolio. Callan has a unique role in recommending other investment firms and working with the state on its overall investment strategies.
Ohio – Ally of Suspended Cleveland City Councilman Kenneth Johnson Pleads Guilty to Corruption Charges
MSN – John Caniglia (Cleveland Plain Dealer) | Published: 6/10/2021
A second ally of suspended Cleveland City Councilperson Kenneth Johnson admitted to charges involving the federal corruption investigation of Johnson. John Hopkins, the former executive director of the Buckeye-Shaker Square Development Corp., pleaded guilty to conspiracy and theft from a federal program. Johnson’s friend, Robert Fitzpatrick, pleaded to conspiracy involving fraudulent expense reports the council member filed with the city. A federal grand jury indicted Johnson, Hopkins, and Johnson’s longtime aide, Garnell Jamison. Prosecutors said Johnson stole more than $127,000 from city coffers by submitting false monthly expense reports.
Ohio – Larry Householder Out: Ohio House votes to remove former speaker
MSN – Jessie Balmert, Laura Bischoff, and Anna Staver (Cincinnati Enquirer) | Published: 6/16/2021
State Rep. Larry Householder, a former two-time House speaker, was expelled from the Ohio Legislature nearly 11 months after his arrest on a federal corruption charge. House members utilized a little-used provision in the Ohio Constitution that allows lawmakers to police their own for “disorderly conduct.” Householder was arrested last year in connection with the state’s largest bribery scheme. He is accused of orchestrating a nearly $61 million operation to win control of the Ohio House, pass a $1 billion bailout for two nuclear plants, and defend that law against a ballot initiative to block it.
Oregon – ‘Only Reasonable Course of Action’: Oregon GOP legislator ousted over state Capitol breach
USA Today – Connor Radnovich (Salem Statesman Journal) | Published: 6/11/2021
The Oregon House expelled Rep. Mike Nearman, who let violent, far-right protesters into the state Capitol on December 21. The vote marked the first time a member has been expelled by the House in its 160-year history. The only vote against the resolution was Nearman’s own. He said he let the protesters in because he believes the Capitol, which has been closed to the public to protect against spread of the coronavirus, should have been open. Nearman also faces two misdemeanor charges stemming from the incident.
Pennsylvania – Pittsburgh Poised for History-Making Election of Its First Black Mayor This Fall
MSN – Nick Keppler (Washington Post) | Published: 6/16/2021
More than five decades after Cleveland became the first, followed by virtually every other major city in the Midwest and Northeast, Pittsburgh is finally poised to join their ranks and make history this fall by electing a Black mayor. The all-but-certain victory of state Rep. Ed Gainey comes as the former steel town, these days dubbed one of America’s most livable cities, looks hard at the racial inequities that have meant different experiences and opportunities for African American residents. Gainey is the first candidate to defeat a sitting mayor in nearly 90 years.
Rhode Island – Former RI State Rep-Elect Pleads Guilty to Embezzling from Nonprofit
MSN – Providence Journal Staff | Published: 6/16/2021
A man who won a seat in the Rhode Island House but resigned before being sworn pleaded guilty to felony embezzlement and campaign finance charges. The court gave Laufton Ascencao a five-year suspended sentence with probation, imposed a $1,000 fine, and ordered restitution of $13,387.70 to the Rhode Island Chapter of the Sierra Club. Allegations of financial impropriety surfaced shortly after his election, including the charge that he used money from the Rhode Island Sierra Club to help finance his campaign.
South Carolina – SC House Reveals New List of $90M in Taxpayer Funds for Lawmakers’ Pet Projects
MSN – Andrew Caplan (The State) | Published: 6/13/2021
The South Carolina House released its list of nearly $90 million in earmarks members want in the upcoming budget that takes effect July 1. But the list falls short of the level of transparency and accountability that most lawmakers said they favored when polled by reporters. The new list also reveals some lawmakers are sponsoring earmarks that, in previous years, other legislators took heat for sponsoring because of potential conflicts-of-interest. Some watchdogs wonder if these lawmakers are trying to head off additional criticism by convincing their colleagues to sponsor the questionable earmarks on their behalf.
Tennessee – Closed Cold Case Murder Tied to Ousted Tennessee Governor
ABC News – Kimberly Kruesi (Associated Press) | Published: 6/9/2021
Investigators have been chipping away at the 42-year-old cold case of Samuel Pettyjohn’s murder since they renewed their investigation in 2015. At the time of his death, prosecutors said he was an informant in a federal probe of then-Tennessee Gov. Ray Blanton, who was accused of taking bribes in exchange for state prisoners receiving early parole. Investigators have now linked Pettyjohn’s killing to the Blanton inquiry. Hamilton County District Attorney Neal Pinkston said Pettyjohn was killed in a murder-for-hire plot paid for in-part by a third party on behalf of Blanton’s administration.
Texas – Dallas City Corruption Trial Begins for a Local Developer Accused of Bribing Former Councilors
MSN – Kevin Krause (Dallas Morning News) | Published: 6/14/2021
It is a transaction that happens routinely in politics: the payment of money by a business owner to a public official with the expectation of some future favorable action. But when is that payment an illegal bribe and when does it fall into the category of a routine campaign contribution? A federal jury will soon decide the matter, at least in the trial of developer Ruel Hamilton, who is accused of bribing two former Dallas City Council members. Prosecutors say Hamilton made payments to Carolyn Davis and Dwaine Caraway in exchange for their help on the council with his real estate properties.
Texas – State Bar Investigating Texas Attorney General
MSN – Jake Bleiberg (Associated Press) | Published: 6/10/2021
The State Bar of Texas is investigating whether state Attorney General Ken Paxton’s failed efforts to overturn the 2020 presidential election based on bogus claims of fraud amounted to professional misconduct. The bar association initially declined to take up a complaint that Paxton’s petitioning of the U.S. Supreme Court to block Joe Biden’s victory was frivolous and unethical. But a tribunal that oversees grievances against lawyers overturned that decision and ordered the bar to look into the accusations against the Republican official.
Virginia – Black Virginians Took Ralph Northam Back. Neither Has Forgotten.
New York Times – Astead Herndon | Published: 6/14/2021
On a national level, Virginia Gov. Ralph Northam may forever be enshrined as the Democrat who defied calls to resign in the face of unquestionable racism – a photograph on his yearbook page that showed one man in blackface and another in a Ku Klux Klan costume. But among Black political leaders and elected officials in Virginia, he is set to leave office with another legacy: becoming the most racially progressive governor in the state’s history, whose focus on uplifting Black communities since the 2019 scandal will have a tangible and lasting effect.
Washington – Google to Pay Washington State $400,000 to Settle Campaign Finance Lawsuit
Seattle Times – David Gutman | Published: 6/17/2021
Google agreed to pay $400,000 to settle charges it has not complied with Washington’s campaign finance laws, which require businesses to retain records of political ads they sell in the state. It is the second time in three years that the company has settled a campaign finance lawsuit in Washington. Google paid $200,000, plus attorneys’ fees, to settle a similar lawsuit, but admitted no wrongdoing. This time, Google agreed it did not comply with state law, but still disputes whether the law applies the company.
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