March 4, 2022 •
News You Can Use Digest – March 4, 2022
Backstage Drama at Jan. 6 Rally for Trump Draws Interest of House Committee
MSN – Jacqueline Alemany, Josh Dawsey, and Beth Reinhard (Washington Post) | Published: 2/26/2022
The White House was made aware of concerns among allies of Donald Trump that some people coming to Washington, D.C. on January 6, 2021, to potentially speak at the rally were too extreme, even for a president who had frequently pushed or crossed the boundaries of traditional political norms. The advance warnings to the White House and the friction between organizers have become a focus for the House select committee investigating the insurrection, as lawmakers try to understand the planning and financing behind the rally.
First Jan. 6 Defendant Pleads Guilty to Seditious Conspiracy in Capitol Attack
MSN – Tom Jackman and Rachel Weiner (Washington Post) | Published: 3/2/2022
A member of the far-right Oath Keepers extremist group became the first to admit to engaging in seditious conspiracy on January 6, 2021, to keep President Biden from taking office. Joshua James pleaded guilty to helping lead a group that prosecutors say sent two tactically equipped teams into the Capitol and organized a cache of weapons in a hotel just outside the city. He may face the stiffest sentence of any January 6 defendant so far, according to preliminary sentencing guidelines.
Four US Lawmakers or Their Spouses Personally Invested in Russian Companies: Documents
MSN – Dave Levinthal (Business Insider) | Published: 3/1/2022
Four members of Congress or their spouses have either currently or recently invested money in Russian companies, financial disclosures show. These investments come to light in the midst of Russia’s invasion of Ukraine, which has prompted the U.S. government to hit Russia with heavy sanctions and triggered boycotts of Russian products and culture. Congress is debating whether to ban members from trading individual stocks amid violations of current financial disclosure laws and potential conflicts-of-interest.
Four Women on the Supreme Court Would Bring Historic, Near Gender Parity for Institution Long Dominated by White Men
MSN – Robert Barnes (Washington Post) | Published: 2/27/2022
If President Biden’s nominee, Judge Ketanji Brown Jackson, is confirmed to the U.S. Supreme Court, it would mean four women would simultaneously serve for the first time in its 233-year history, as close to gender parity as possible on the nine-person bench. That will not change the court’s ideological direction, and law professors and political scientists continue to debate whether gender significantly affects legal interpretation. But those who welcome the change say it is important for representational reasons, and they assert it could bolster the public’s view of the court’s legitimacy.
Guns, Radicalization and a Father’s Alleged Threat: First Jan. 6 trial set to begin
MSN – Spencer Hsu (Washington Post) | Published: 2/28/2022
Guy Reffitt, a purported recruiter for the right-wing, anti-government Three Percenters movement is the first person to stand trial in the January 6, 2021, attack on the Capitol. For the first time, a defendant will get to confront in open court a portion of the mountain of video evidence, online communications data, and police testimony the government has amassed against roughly 750 federally charged individuals. A judge and jury in D.C. also will weigh prosecutors’ application of rarely used criminal statutes to prosecute the first violent incursion of the Capitol by U.S. citizens.
Jan. 6 Committee Alleges Trump, Allies Engaged in Potential ‘Criminal Conspiracy’ by Trying to Block Congress from Certifying Election
MSN – Josh Dawsey, Tom Hamburger, Jacqueline Alemany, and Rosalind Helderman (Washington Post) | Published: 3/2/2022
The House committee investigating the January 6, 2021, attack on the U.S. Capitol said in a court filing it had evidence former President Trump and his allies engaged in a “criminal conspiracy” by trying to block Congress from certifying the election. The alleged criminal acts, which include conspiring to defraud the United States, were raised by the committee in a filing challenging conservative lawyer John Eastman’s refusal to turn over thousands of emails the panel requested related to his role in trying to persuade former Vice President Mike Pence to reject electors from states won by Joe Biden.
Lobbyists Ramp Up Fly-Ins Despite Capitol Covid-19 Restrictions
Bloomberg Government – Nancy Ognanovich | Published: 2/24/2022
Two years after the pandemic forced the closure of the U.S. Capitol, the lobbying community still faces challenges maintaining relationships and effective communications with House and Senate lawmakers and staff. But with Covid-19 cases waning and important legislative issues on the agenda, some lobbyists and industry associations are resuming their trek to Washington, D.C. and have devised ways to deal with continued restrictions on entering the Capitol complex. More than 50 different business groups plan trips, with industry fly-ins beginning March 2, according to Ed Mortimer, a U.S. Chamber of Commerce vice president.
‘My Life Was a Constant Lie’: Chabot’s ex-campaign manager sentenced for $1.4 million theft
MSN – Kevin Grasha (Cincinnati Enquirer) | Published: 3/1/2022
U.S. Rep. Steve Chabot’s onetime campaign manager, Jamie Schwartz, was sentenced to two years in federal prison for stealing $1.42 million from the campaign. Schwartz’s embezzlement took place over at least eight years, prosecutors said. But the scheme began to unravel in the summer of 2019 when the FEC began an audit of the campaign. According to prosecutors, Schwartz falsified official records, forged bank records, and lied to the FEC.
Some Records Taken by Trump Are So Sensitive They May Not Be Described in Public
MSN – Jacqueline Alemany and Tom Hamburger (Washington Post) | Published: 2/26/2022
Some of the presidential records recovered from former President Trump’s residence at Mar-a-Lago are so sensitive they may not be able to be described in forthcoming inventory reports in an unclassified way. The revelation comes as U.S. Rep. Carolyn Maloney sent the National Archives and Records Administration a request for further information on 15 boxes of records recovered from Trump’s resort. There are records at the very highest levels of classification, including some that can be viewed by only a small number of government officials.
Trial Opens for Men Accused of Funneling Millions to Back Hillary Clinton in 2016 Presidential Race
Yahoo News – Josh Gerstein (Politico) | Published: 2/24/2022
Businessperson Rani El-Saadi is on trial, accused of conspiring to illegally donate more than $3 million to back Hillary Clinton in the 2016 presidential race. Prosecutors said digital payments magnate Andy Khawaja supplied the $150,000 that El-Saadi personally donated to attend a Clinton fundraiser in 2016. Khawaja has been in Lithuania fighting extradition to the U.S. for more than two years and was declared a fugitive. “Khawaja wanted very badly to gain power and influence in the U.S.,” prosecutor Michelle Parikh told the jury.
US Lobbying Firms Rush to Cut Ties with Russian Businesses Hit with Sanctions
CNN – Casey Tolan, Curt Devine, and Daniel Medina | Published: 2/26/2022
In the years leading up to Russia’s attack on Ukraine, U.S. lobbyists have raked in millions of dollars from Russian banks and financial firms paying to push their interests in Washington. Now, in the wake of the Russian invasion and new sanctions announced by President Biden, many of those lobbying firms are rushing to cut ties and drop their lucrative contracts. The exodus marks the rupture of a Moscow-to-K-Street conduit that has long employed former federal officials and members of Congress of both parties, experts said.
Canada – Ethics Commissioner Calls for Reform of Alberta Lobbyist Rules
CBC – Paige Parsons | Published: 3/3/2022
The province should create a communication registry for lobbyists to address what she says is a lack of transparency, Alberta’s ethics commissioner says. Marguerite Trussler’s office put forward a number of recommendations for changes to the Alberta Lobbyists Act as part of a review of the legislation currently underway. The law must be reviewed every five years, and a committee is expected to submit a report with its recommendations to the Legislature by September.
From the States and Municipalities
California – Mayor’s Top Aide Held Private Call with Ash Street Defendant, Lobbyist Before Tuesday Council Meeting
San Diego Union Tribune – Jeff McDonald | Published: 2/27/2022
One day before the San Diego City Council met to discuss the lawsuits over a controversial lease, Mayor Todd Gloria’s chief operating officer, Jay Goldstone, spoke privately with the principal owner of a development firm that is being by the city and his lobbyist. Jay Goldstone testified at his deposition he reached out to lobbyist Christopher Wahl days ahead of a city council meeting. Wahl set up the conference call between Goldstone, himself, and his client, Cisterra Development majority owner Steven Black. A mayoral spokesperson did not say why no lawyers participated in the meeting or why the other defendants were not involved.
Colorado – Envelope with Checks Found in Colorado Capitol Bathroom Creates Sticky Situation
Colorado Politics – Marianne Goodland | Published: 2/24/2022
A Colorado House staffer went into the men’s public bathroom in the basement of the Capitol and found an envelope. Inside were checks, made out to the Senate Majority Fund, the independent expenditure committee that helps to finance Republican campaigns for the state Senate. How many checks were in the envelope and how much total are not known, although a source mentioned they are in the five figures.
Connecticut – Upstairs, Downstairs: In CT Capitol, Senate is off limits, House is open
CTMirror.org – Mark Pazniokas | Published: 3/2/2022
The House and Senate Democratic majorities in Connecticut diverged sharply and awkwardly on questions of COVID-19 and public access to a state Capitol that has been largely closed for nearly two years. The second floor of the Capitol, where the House resides, was open and its hallways lined by lobbyists, representatives of unions and non-profits, and one woman handing out flyers opposed to legalizing assisted suicide. The third-floor home of the Senate was closed.
Florida – Bill Banning Lobbying for Ex-Lawmakers Heads to Gov. DeSantis’ Desk
Florida Politics – Gary Rohrer | Published: 2/25/2022
Former lawmakers who lobby their ex-colleagues in the Florida Legislature or executive branch could face a fine and other sanctions starting next year, after the Senate unanimously passed House Bill 7001, sending it to Gov. Ron DeSantis’ desk. Under the bill, a lawmaker who receives compensation for lobbying at the state level within six years after leaving office could be subject to a public censure, a civil fine of up to $10,000, the forfeiture of any money received to lobby, or all three.
Florida – They Threw a $74,000 Goodbye Party for a County Official. Lobbyists Pitched In. How Did That Help the Public?
MSN – Lisa Huriash (South Florida Sun Sentinel) | Published: 2/25/2022
Broward County lobbyists, politicians, and county officials were on the guest list for a surprise celebration at the FLA Live Arena in February. Now the event, marking the retirement of Broward County Administrator Bertha Henry, is facing scrutiny over whether it created the appearance of melding the county’s interests with those of lobbyists and private financial interests. Some of the funding for the event came from the Florida Panthers, the hockey team that has historically come before the county ask for public subsidies to stay afloat, and its top two people were on the guest list.
Illinois – Ex-House Speaker Michael Madigan, Long the State’s Most Powerful Pol, Indicted on Federal Racketeering Charges
Yahoo – Jason Meisner and Ray Long (Chicago Tribune) | Published: 3/2/2022
Michael Madigan, the former speaker of the Illinois House and for decades one of the nation’s most powerful legislators, was charged in a racketeering and bribery scheme, becoming the most prominent politician swept up in a federal investigation of government corruption in the state. The 22-count indictment comes after a yearslong probe and alleges Madigan participated in an array of bribery and extortion schemes from aimed at using the power of his office for personal gain. He was dethroned as speaker in 2021 as the investigation swirled around him, and soon after resigned the House seat he had held since 1971.
Illinois – Investigation of AT&T Contracts in Probe Orbiting Michael Madigan Centers on Funds to Lobbyists and Former State Rep, Sources Say
MSN – Jason Meisner and Ray Long (Chicago Tribune) | Published: 3/2/2022
Consulting funds flowing from AT&T to a lobbyist with deep ties to then-Illinois House Speaker Michael Madigan and eventually to a former state representative are at the center of a federal investigation into the company’s lobbying practices in Springfield. AT&T disclosed that federal prosecutors notified it they were considering filing criminal charges against its Illinois subsidiary involving “a single, nine-month consulting contract in 2017? worth $22,500. Records show the company that year had hired a stable of Madigan-connected lobbyists working for the subsidiary as AT&T was fighting for a controversial bill to end landline service.
Kansas – Kansas Lawmakers Are Supposed to Vet Bills in Committees. But Are Their Hearings Fair?
MSN – Jonathan Shorman and Katie Bernard (Kansas City Star) | Published: 3/1/2022
Lawmakers and lobbyists in Kansas say some legislative committees either limit public comment or tip the scales in the favor of bills supported by the Republican majority. In theory, the Legislature’s 48 committees are supposed to serve as a first check on bills, allowing lawmakers to vet them before they are sent to the floor. But in practice, Republican chairs are able to determine what voices are heard, what bills move forward, and even push policy pieces without a public hearing. Some Democrats and lobbyists complain these practices allow Republicans to paint a false picture of public opinion and stifle debate when convenient.
Maine – Subpoenas Will Ramp Up Maine Investigation into National Conservative Group
Bangor Daily News – Caitlin Andrews | Published: 2/28/2022
The Maine ethics commission voted to allow staff to subpoena the American Legislative Exchange Council (ALEC) to require them to turn over documents to determine if it violated state contribution laws by allowing lawmakers to use software that contains voter information and is used to track constituent interactions. ALEC has refused to participate in the probe, saying it believes it is illegitimate. The move is expected to lead to months of litigation over the subpoenas.
Massachusetts – Are Campaign Donations to MA Sheriffs Too Suggestive of Pay-to-Play? CT May Have Solution
Herald News – Kyle Stucker (USA Today) | Published: 2/25/2022
A report revealed Massachusetts sheriffs received $2.69 million in questionable donations during their campaigns, calling into question whether construction firms, medical companies, and other special interests are buying influence. Sheriffs deny being involved in “pay-to-play” schemes. Even if wealthy special interests are not buying policies that pad their coffers, the advocacy groups behind the report suggested such campaign donations do not pass the smell test even though they’re legal. The groups believe Massachusetts and other states should adopt Connecticut’s public financing model to improve confidence and fairness in their elections.
Michigan – Term Limits Were Supposed to Fix Lansing. Did They Make It Worse Instead?
MLive.com – Samuel Robinson | Published: 3/2/2022
Thirty years have passed since Michigan voters approved limits to the number of years politicians can serve to six (three terms) in the House and eight (two terms) in the Senate. While the change ushered out veteran lawmakers, many still wonder whether that was a good thing. Michigan’s strictest-in-the-nation term limits have drawn a backlash so strong a bipartisan group is now aiming to loosen rules by putting the question back on the ballot. Critics argue that setting strict limits on how long politicians can serve has splintered relationships at the Capitol and reduced bipartisanship to a point where it is hurting constituents.
Missouri – Independence Mayor Asked About Campaign Donations in Deposition, but Advised to Stay Mum
MSN – Kevin Hardy (Kansas City Star) | Published: 3/2/2022
Independence Mayor Eileen Weir was asked in a deposition last year about campaign contributions she received from a Missouri company looking to do business with the city. The donations have raised questions among other city council members and drew the interest of the FBI. But a transcript of that deposition shows she mostly avoided the topic after her personal attorney objected to the line of questioning and advised her not to answer questions about the contributions. The mayor was questioned under oath as part of a defamation lawsuit against the city and two council members.
Nevada – Social Video Shows ‘Racist’ Taunts of Nevada Governor, Wife
MSN – Ken Ritter (Associated Press) | Published: 2/28/2022
Nevada Gov. Steve Sisolak, a Democrat, and his wife were accosted during the weekend by two men who followed them out of a Las Vegas restaurant shouting profanities, taunts, and anti-government statements in an incident posted on the Internet. Sisolak characterized the incident as “racist threats.” His wife is a former municipal finance specialist of Chinese heritage who was born in the Nevada town of Ely. The incident now is being investigated by state police.
New Jersey – 2 Counties Tried to Skirt N.J. Public Bidding Laws. Now the Legislature May Make It Legal.
MSN – Ted Sherman (NJ Advance Media) | Published: 3/2/2022
Efforts by two counties to evade New Jersey’s bidding laws on projects involving tens of millions of dollars in public funding are now the focus of a bill introduced in the state Senate that would make legal what the courts have so far declared to be illegal. The legislation would clear the way for county improvement authorities to essentially award no-bid deals to favored contractors. Under the measure, counties would be able to ignore the bidding requirements of New Jersey’s Local Public Contracts Law by declaring any major construction proposal a “redevelopment project.”
New York – Lt. Gov.’s Campaign Expenses Show Conflicts with Taxpayer Refunds
Albany Times Union – Chris Bragg | Published: 2/28/2022
The Albany Times Union found a dozen instances where Lt. Gov. Brian Benjamin submitted vouchers claiming the full, taxpayer-funded reimbursement for traveling from New York City to Albany; during those same trips, a campaign-issued debit card was used to pay for gasoline. Each time he had sought full taxpayer reimbursement for the 12 trips, Benjamin stated he was the one bearing the costs. Albany politicians collecting taxpayer-funded reimbursement for costs already covered by their campaigns has at times proven controversial and was the subject of the 2006 trial of former Assemblyperson Clarence Norman.
New York – ‘Malicious Cyberattack’ Strikes New York Ethics Agency
Albany Times Union – Brendan Lyons | Published: 2/25/2022
The New York Joint Commission on Public Ethics (JCOPE) shut down its online filing system as authorities investigate a “deliberate malicious cyberattack.” JCOPE said the attack involved a web server that houses, among other systems, the agency’s lobbying application and financial disclosure filing systems.
Ohio – Ohio House Won’t Release Texts Between House Rep and Indicted Ex-Speaker
WEWS – Jake Zuckerman (Ohio Capital Journal) | Published: 3/2/2022
Lawyers with the Ohio House denied a public records requests for text messages between a sitting lawmaker and former Speaker Larry Householder, who was expelled by his peers while under a racketeering indictment related to alleged public corruption. State Rep. Jay Edwards and Householder regularly exchange text messages and talk on the phone. Edwards said they always avoid discussing the criminal case against Householder and usually, but not always, avoid public policy discussions as well. Edwards says the messages do not exist because “… I go through at night and erase text messages I don’t find useful.”
Ohio – Ohio Judge Helped Write a Bailout That Led to Arrests; Now He’s Blocking Outside Probes
WEWS – Jake Zuckerman (Ohio Capital Journal) | Published: 2/28/2022
A judge who oversees utility cases was involved in writing a coal and nuclear bailout now at the center of what prosecutors have described as the largest public corruption case in Ohio history, subpoenaed documents show. That same judge, Greg Price, is presiding over multiple regulatory cases in which a government watchdog agency is trying to investigate that same corruption. His orders, spanning 18 months, have blocked investigations into FirstEnergy, a utility at the center of the scandal.
Oklahoma – Claiming Out-of-State Influences, Oklahoma Looks to Clamp Down on State Question Laws
Oklahoma Watch – Trevor Brown | Published: 2/28/2022
Several Oklahoma lawmakers are looking to add hurdles for citizen-led groups to pass the type of state questions that legalized medical marijuana, expanded Medicaid, and won voter support despite Republican leaders’ opposition in recent years. More than a dozen bills up for consideration, all authored by GOP legislators, seek to either requirements for citizen-led voter initiatives to get on the ballot or increase the threshold for some of the proposals to pass on Election Day.
Oregon – Oregon Labor, Business Interest Groups File Challenges to Campaign Contribution Limit Proposals
Spokane Spokesman-Review – Hillary Borrud (Portland Oregonian) | Published: 2/25/2022
Oregon business and labor groups filed challenges to three proposed ballot measures that would set campaign contribution limits in the state. The challenges were anticipated by supporters but nonetheless increase the likelihood that voters will not get to weigh in on political donation limits. Secretary of State Shemia Fagan disqualified the proposed measures because she said they should have included the entire texts of laws they would amend, including sections that would be left unchanged. Fagan based her decision on a 2004 Oregon Court of Appeals ruling that previous secretaries of state generally did not follow.
Pennsylvania – Activists Disrupt House GOP Leader’s Speech Demanding Action on Gift Ban Legislation
PennLive.com – Jan Murphy | Published: 2/28/2022
Activists seeking passage of legislation to ban gifts to lawmakers disrupted the Pennsylvania Press Club luncheon to pressure House leadership to act on the bill. Reid Stever, a representative of MarchOnHarrisburg, interrupted House Majority Leader Kerry Benninghoff’s speech to press for a vote on House Bill 1945, which makes it illegal for lawmakers to accept a gift from a lobbyist. It won House State Government Committee approval last March but has yet to be brought up for a vote by the full chamber.
Pennsylvania – Pennsylvania GOP Urges Supreme Court to Toss Congressional Map
MSN – Michael Macagnone (Roll Call) | Published: 2/28/2022
Pennsylvania Republicans asked the U.S. Supreme Court to overturn a state court-approved congressional map, arguing the Democrat-controlled court exceeded its authority by imposing the map without the Legislature’s approval. The Pennsylvania Supreme Court selected the map after the politically divided state government failed to approve one. The appeal argued the state court’s selection of one of the plaintiffs’ maps targeted Republicans and violated the Constitution by having congressional districts that deviated in population by two or more people.
Tennessee – Former Tennessee Speaker Casada Aide Cothren Refuses to Testify in State Campaign Finance Probe
Yahoo News – Andy Sher (Chattanooga Times Fress Press) | Published: 3/2/2022
Cade Cothren, the former chief of staff to then-Tennessee House Speaker Glen Casada, invoked his Fifth Amendment right against self-incrimination and did not appear before the Registry of Election Finance regarding his alleged involvement as the head of a PAC that attacked a Casada critic. The registry voted to issue subpoenas for information related to the Faith Family Freedom Fund PAC to Cothren, Casada, and several others who may have had knowledge of the committee.
Texas – Dallas Hires Former Texas Health Inspector General to Investigate City Corruption Claims
Dallas Morning News – Everton Bailey Jr. | Published: 2/23/2022
Dallas hired a former state health inspector general to lead a new office in charge of investigating allegations of waste, abuse, and fraud. Bart Bevers was chosen as the city’s first inspector general, a position created in December when city officials made several changes to ethics rules to strengthen transparency and accountability. Several scandals involving Dallas officials have resulted in convictions on corruption-related charges.
Texas – Rejected Mail Ballots, Confused Voters: Texas’s restrictive new law casts shadow over primary
MSN – Amy Gardner (Washington Post) | Published: 3/1/2022
Democrats and voting rights advocates predicted for months that new election rules in Texas, referred to as Senate Bill 1 in the state, would make it harder for some people to vote and for election officials to do their jobs. The March 1 primary made clear to critics that those predictions, so far, have come true, providing a glimpse of what voting could look like in more than a dozen states that enacted similarly restrictive laws in the aftermath of the 2020 contest.
Utah – Utah Lawmakers Pass New Media Restrictions for House Floor
MSN – Sam Metz (Associated Press) | Published: 3/1/2022
The Utah House approved new rules that limit where members of the press can film and interview lawmakers, following similar action taken by the state Senate. The rules extend pandemic-era restrictions on when journalists can report from the floors of the legislative chambers. Media organizations and journalists oppose the rules changes, arguing that restricting media movements would make it more difficult to cover fast-paced action and make it easier for lawmakers to dodge the press. They said the move reduced transparency.
Virginia – Virginia Lawmakers Still Can’t Bring Themselves to Ban Personal Use of Campaign Cash
Virginia Mercury – Graham Moomaw | Published: 3/2/2022
After years of debate and multiple studies, Virginia lawmakers still are not ready to pass a law preventing themselves from using campaign money on personal expenses that have nothing to do with running for office. The last remaining bill prohibiting personal use of campaign funds died in a House subcommittee, with several legislators framing the issue as too complex to tackle even though the practice is already outlawed at the federal level and in most states. Republicans on the panel defeated the version of the bill that had passed the Senate with overwhelming bipartisan support.
Wisconsin – Wisconsin GOP’s 2020 Report Embraces Fringe Election Decertification Theory
Yahoo News – Zach Montellaro (Politico) | Published: 3/1/2022
A draft report for a Republican-run investigation of the 2020 election in Wisconsin, embraces the fringe theory that election results could be decertified after the fact – advancing former President Trump’s calls to overturn an election he lost over a year ago. Former Wisconsin Supreme Court Justice Michael Gableman has been conducting a probe of the 2020 election, authorized by state Assembly Speaker Robin Vos. Gableman’s interim report attacks Wisconsin election administrators and argues for dismantling the state’s election board.
Wisconsin – Wisconsin Supreme Court Hears Arguments in Regulator Bias Case Spawned by Power Line
Madison.com – Chris Hubbuch (Wisconsin State Journal) | Published: 2/28/2022
The Wisconsin Supreme Court heard arguments in a case stemming from a power line dispute that could have sweeping implications for regulators, judges, and other public officials. The court is being asked to decide if a former utility regulator’s personal relationships could invalidate the permit for a controversial power line being built in the state. Opponents of the line sought to question former Public Service Commissioner Mike Huebsch about communications, some using an encrypted messaging app, with utility lobbyists and his eventual attempt to land a job with one of the utilities behind the project.
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.