News You Can Use Digest - November 15, 2024 - State and Federal Communications

November 15, 2024  •  

News You Can Use Digest – November 15, 2024

National/Federal

A Spike in Demand, and Fees, for Lobbyists with Ties to Trump

DNyuz – Kenneth Vogel and Kate Kelly (New York Times) | Published: 11/7/2024

In corporate boardrooms and foreign capitals, there is a scramble to sign lobbyists who could help navigate an incoming administration viewed with uncertainty and concern. Companies and foreign countries have long relied on lobbyists to guide them through the shifts in power on Capitol Hill or the White House. But since Donald Trump first upended global politics in 2016, he has continued to confound establishment gatekeepers on K Street. It has led to a delicate dance in which a relatively small group of lobbyists have sought to demonstrate their value to him and to cautious clients, without running afoul of the sensitivities of either.

Nonprofits Vow a New Resistance. Will Donors Pay Up?

DNyuz – David Fahrenthold and Kenneth Vogel (New York Times) | Published: 11/13/2024

In Donald Trump’s first term as president, some of his toughest opponents were left-leaning nonprofit groups. They bogged down his immigration and environmental policies with lawsuits and protests and were rewarded with a huge “Trump bump” in donations. Some of those groups are promising to do it all over again, but this time it could be a lot harder. Trump’s administration could learn from past mistakes and avoid the procedural errors that made its rules easier to challenge, and the higher courts are seeded with judges appointed by Trump. Nonprofits are also finding some supporters are not energized by another round of resistance.

Gaetz Resigned Days Before Ethics Investigation Report Expected

MSN – Marianna Sotomayor, Jacqueline Alemany, and Marianne Levine (Washington Post) | Published: 11/13/2024

The House Committee on Ethics was set to vote on releasing a report about U.S. Rep. Matt Gaetz, who resigned from Congress after being picked as Donald Trump’s nominee for attorney general. Gaetz has been under investigation by the bipartisan ethics panel for allegations that he may have engaged in sexual misconduct and illegal drug use and accepted improper gifts. If a lawmaker is under investigation by the committee and resigns, is expelled, or leaves Congress, the committee immediately ceases any ongoing investigation.

Neera Tanden’s X Posts Violated Ban on Political Fundraising, Government Watchdog Alleges

MSN – Adam Cancryn (Politico) | Published: 11/7/2024

A government ethics watchdog agency formally accused White House domestic policy chief Neera Tanden of repeatedly violating the Hatch Act by soliciting political contributions on social media in the months before the election. It appears to be the first time a White House official has faced such a complaint after Special Counsel Hampton Dellinger warned in May that he would eliminate the custom of sending such accusations to the president to deal with at his discretion.

Some Ethics Experts Raise Concerns Over Musk and Ramaswamy’s Department of Government Efficiency Roles

MSN – Soon Rin Kim (ABC News) | Published: 11/13/2024

Donald Trump’s announcement that Elon Musk and Vivek Ramaswamy will lead a newly formed advisory Department of Government Efficiency has alarmed some government ethics experts, who say the pair’s deep financial interests could lead to potential conflicts-of-interest. Some ethics experts are particularly alarmed that Musk and Ramaswamy’s roles have been described as “outside of government,” an arrangement that could potentially mean they would not be subject to normal financial disclosure rules.

The Onion Wins Auction to Take Control of Alex Jones’s Infowars

MSN – Kim Bellware (Washington Post) | Published: 11/14/2024

The satirical news site The Onion won a bankruptcy auction to acquire the media company of conspiracy theorist Alex Jones. The bid was sanctioned by the families of the victims of the mass shooting at Sandy Hook Elementary School, who in 2022 won a $1.4 billion defamation lawsuit against Jones and his company for claiming the massacre was a hoax. The takeover of comes with a multi-year agreement with the nonprofit group Everytown for Gun Safety, which will serve as the exclusive advertiser during the Onion-led relaunch of Infowars.

Trump Could Pick Government’s Top Ethics Official – After Key Ally Blocked Biden’s Choice

MSN – Fredreka Schouten (CNN) | Published: 11/8/2024

Donald Trump could be in a position to select the government’s top ethics czar when he assumes office in January after a key ally in the Senate blocked President Biden’s pick to head the Office of Government Ethics. Sen. Mike Lee objected to the confirmation of David Huitema to the post, a little more than a year after he was first nominated by Biden. Lee said the vote should be delayed until after the presidential election, citing what he called the “political weaponization of the US government against Donald Trump by the Biden-Harris administration.”

Trump, Allies Signal They Will Try to Call the Shots for Republican-Led Senate

MSN – Mariana Alfaro (Washington Post) | Published: 11/10/2024

Donald Trump and his allies signaled they will try to call the shots in the Republican-led Senate, pushing the candidacy of Sen. Rick Scott for GOP leader and demanding that Republicans allow Trump to make appointments to his administration and the courts without Senate approval. Next year, Republicans are on track to have at least 53 senators, a comfortable majority to approve nominations, but Trump seemed to indicate that was not sufficient for his choices for federal jobs and judicial vacancies.

Elon Musk’s $1M Voter Giveaways Were Fixed Lotteries, Lawsuits Say

MSN – Kyle Melnick (Washington Post) | Published: 11/6/2024

When Robert Alvarez heard that Elon Musk was giving away $1 million in a lottery each day to a swing-state voter, he signed a petition from Musk’s super PAC in hopes of winning. But in a lawsuit filed against Musk and America PAC, Alvarez said he never had a chance of winning. America PAC, which Musk created to campaign for Trump, did not select winners by chance, but instead by vetting candidates’ social media presence for pro-GOP values, Alvarez’s lawsuit said.

Minority-Owned Firms Face ‘Crisis’ as Affirmative Action Programs Fall

MSN – Julian Mark (Washington Post) | Published: 11/11/2024

Minority- and women-owned businesses are bracing for the end of affirmative action in federal contracting, and the potential loss of contracts worth at least $70 billion a year, as government programs for “disadvantaged” firms have fallen to legal attack over the past year. A series of court rulings have held some of the federal government’s largest diversity programs violate the Constitution’s guarantee of equal protection. As a result, key agencies have dropped race and gender preferences born in the Civil Rights era and intended to level the playing field by setting aside billions each year in contracting dollars for minority- and women-owned firms.

Republicans Win House, Delivering Trump a Trifecta

MSN – Emily Brooks (The Hill) | Published: 11/12/2024

Republicans are projected to keep control of the U.S. House, handing the party total control of Washington with Donald Trump back in the White House in January. Decision Desk HQ projected the GOP would hold the House by winning its 218th seat, the number needed for a majority in the chamber. The final breakdown is uncertain, with ballots still being counted for several races in California. Those exact numbers will matter a lot for Speaker Mike Johnson’s political future, for which policies Republicans can enact, and how the lower chamber will function – or not function.

How ‘Urgent’ Texts Pushed These Donors to Give Thousands of Times to Political Candidates

MSN – Gabrielle LaMarr LeMee (Los Angeles Times) | Published: 11/12/2024

There is a new kind of political donor: one who gives in fairly small amounts, sometimes as little as a dollar, over and over. More than 13,500 Americans are frequent donors who have made one or more contributions per day, on average, in this cycle. Campaigns do not stop sending fundraising messages to donors, even after they have hit contribution limits. Joint fundraising committees allow for complex ways of shifting money between participating committees to increase the amount that a donor can give after hitting the limit on any individual committee.

Elon Musk’s PAC Spent an Estimated $200 Million to Help Elect Trump, AP Source Says

MSN – Dan Merica (Associated Press) | Published: 11/11/2024

Elon Musk’s super PAC spent around $200 million to help elect Donald Trump, according to a person familiar with the group’s spending, funding an effort that set a new standard for how billionaires can influence elections. America PAC’s work was aided by an FEC ruling that paved the way for super PACs to coordinate their canvassing efforts with campaigns, allowing the Trump campaign to rely on the near-unlimited money of the nation’s most high-profile billionaire to boost turnout.

Four States Reject Ranked-Choice Voting, Approved in District

MSN – Tim Craig (Washington Post) | Published: 11/6/2024

Colorado, Idaho, Nevada, and Oregon rebuffed efforts to adopt ranked choice voting in their future elections, dealing a setback to those who wanted to dramatically change how Americans choose their elected officials. The one bright spot for advocates of ranked-choice voting was the District of Columbia, where a referendum was approved by a wide margin. The practice is already in use in Alaska and Maine. But Alaska voters, who initially approved ranked choice voting in a 2020 referendum, are considering a referendum to undo the change.

Special Counsel Jack Smith Plans to Quit; Cannon Appeal May Continue

MSN – Perry Stein and Spencer Hsu (Washington Post) | Published: 11/13/2024

Special counsel Jack Smith plans to resign and wrap up his federal prosecutions of Donald Trump before the president-elect takes office and can fire him. Trump’s election victory prompted Smith to start winding down the prosecutions instead of continuing court proceedings until Inauguration Day. Ending the two federal cases could allow Smith to deliver a final report detailing his findings before Trump becomes the 47th president. Smith appears to still be considering how to handle an ongoing appeal in Trump’s classified documents case.

Legal Questions Surround Trump’s Talk of Political Prosecutions

Roll Call – Ryan Tarinelli | Published: 11/8/2024

Donald Trump expressed support for criminal charges to be filed against his political opponents on the campaign trail, but former Justice Department officials and legal experts say there are various guardrails set up to prevent retribution through the criminal process. But former Trump administration officials have warned publicly that people who once aimed to stop Trump’s worst impulses will not be there to rein him in during a second term. Trump will also be immune from federal prosecution for official acts after a Supreme Court decision earlier this year.

From the States and Municipalities

Arizona – Judge Recuses from Arizona Case Over His Email Denouncing Attacks on Harris

MSN – Annabelle Timsit and Yvonne Wingett Sanchez (Washington Post) | Published: 11/13/2024

The judge overseeing the criminal election-interference case in Arizona against some of Donald Trump’s supporters recused himself from the case. Maricopa County Judge Bruce Cohen had emailed colleagues urging them to speak out against conservative attacks on Vice President Kamala Harris’s gender and racial identity. An attorney for one of the defendants said the emails showed the judge “bears a deep-seated personal political bias” against Trump and the defendants.

California – Criminal Prosecutor Tapped to Lead San Diego Ethics Panel, as Voters Hand It More Power

MSN – Jeff McDonald (San Diego Union-Tribune) | Published: 11/8/2024

A committee of the San Diego Ethics Commission selected an outsider to take over the regulatory office after current Executive Director Sharon Spivak steps away early next year. The full commission will now Consider appointing longtime prosecutor Bryn Kirvin to run the department charged with enforcing city campaign finance laws and lobbying rules. Voters approved Measure D, which strengthens the agency’s authority in several important ways, including awarding the commission authority to name its executive director.

California – In a Historic Shift, the L.A. County Board of Supervisors Will Nearly Double in Size

MSN – Rebecca Ellis (Los Angeles Times) | Published: 11/11/2024

Voters approved a proposal to add four more members to the Los Angeles County Board of Supervisors as part of a massive overhaul of the county government’s structure. Measure G’s passage marks a dramatic reshaping of a government that has not fundamentally changed for over a century, as the county’s population exploded from 500,000 to roughly 10 million. The ballot measure also calls for the creation of an independent ethics commission by 2026.

California – Oakland Mayor Sheng Thao Concedes Recall Defeat, Ending Tenure Marked by City’s Struggles

San Jose Mercury News – Shomik Mukherjee | Published: 11/9/2024

Oakland voters have recalled Mayor Sheng Thao. It was a resounding victory for a fierce recall campaign bankrolled almost entirely by a single hedge-fund manager, Philip Dreyfuss, who spent over $1.9 million in Alameda County politics this year. City Council president Nikki Fortunato Bas will serve as the interim mayor until a special election can be held. Thao’s professional future seems uncertain amid a sprawling FBI investigation into Oakland that in June led federal agents to raid her home and several other addresses.

California – Newsom Fined $13,000 for Failing to Report on Time Payments Made at His Request

Yahoo News – Sandra McDonald (Los Angeles Times) | Published: 11/8/2024

Gov. Gavin Newsome agreed to a $13,000 fine from the California Fair Political Practices Commission (FPPC) for not meeting deadlines to report charitable contributions made at his request. State law requires elected officials to report donations made on their behalf within 30 days. The FPPC said on 18 occasions, Newsom and his 2018 campaign committee failed to make those reports on time, often submitting them several months late.

Delaware – Delaware’s Campaign Finance Law Sees Small Changes with a Potential Overhaul on the Horizon

Delaware First Media – Sarah Petrowich | Published: 11/10/2024

Delaware Gov. John Carney signed House Bill 291 into law, requiring the Department of Elections to provide a phone number and online form for reporting alleged campaign financing violations in the state, among other provisions. State Attorney General Kathy Jennings has indicated she is already working on additional reform recommendations to propose to the Legislature in the new year.

District of Columbia – Trayon White Sr., Facing Bribery Charge, Is Reelected to D.C. Council

MSN – Michael Brice-Saddler and Dan Rosenzweig-Ziff (Washington Post) | Published: 11/5/2024

District of Columbia Council member Trayon White Sr. sailed to a third term even as he faces a federal bribery charge. For White, who lacked serious opposition, the outcome is illustrative of the enduring support of his base. While some voters expressed reservations about voting for White, a vast majority made it clear that they still have his back.

Florida – Lobbying Firm Promotes Katie Wiles as Her Mother Becomes Trump’s Chief of Staff

MSN – David Bauerlein (Jacksonville Florida Times-Union) | Published: 11/8/2024

A day after Donald Trump named Susie Wiles as his chief of staff, Continental Strategy promoted Wiles’ daughter Katie to be the director of its lobbying and consulting offices in Jacksonville and the District of Columbia. The announcement said Wiles will continue to provide communications work for Continental Strategy’s federal and state operations while adding lobbying and business development to her role in the firm’s offices.

Florida – Suspended Miami-Dade Commissioner Martinez Convicted of Taking $15K to Help Constituent

MSN – Charles Rabin (Miami Herald) | Published: 11/7/2024

Joe Martinez, whose 17-year law enforcement career led to five terms in elected office as a county commissioner, was convicted of accepting $15,000 in payments in exchange for helping with legislation that would have benefited a constituent. Prosecutors argued Martinez accepted three $5,000 payments in 2016 and 2017 from Extra Supermarket owner Jorge Negrin in exchange for pushing legislation that would have permitted much needed large-refrigerated containers on the property.

Georgia – Supreme Court Squashes Mark Meadows’ Push to Move Georgia Election Charges

Yahoo News – Maureen Groppe and Bart Jansen (USA Today) | Published: 11/12/2024

Former White House chief of staff Mark Meadows lost his bid to move his Georgia election interference case to federal court, where it might have been easier to avoid prosecution. The U.S. Supreme Court declined to review a lower court’s rejection of Meadows’ attempt. Meadows, who was charged with Donald Trump and 17 others in what prosecutors say was a conspiracy to reverse Joe Biden’s 2020 victory in Georgia, argued the crimes he is accused of committing involved actions that were part of his federal job at the White House.

Indiana – Police: Shoulders spent thousands in campaign dollars on baseball cards, IU season tickets

Yahoo News – Jon Webb (Evansville Courier & Press) | Published: 11/7/2024

Former Vanderburgh County Commissioner Ben Shoulders used tens of thousands of dollars in campaign money to buy baseball cards and basketball season tickets, among other purchases, and then tried to report the expenditures as fraudulent in an effort to recoup some of the money, Evansville police say. Shoulders spent more than $41,000 on eBay purchases using a debit card assigned to his “Shoulders for Commissioner” account. He would then list the buys on his campaign finance forms as something else.

Kentucky – Grand Jury Declines to Indict Beshear Backer in Investigation of Straw Donations

Yahoo News – Tom Loftus (Kentucky Lantern) | Published: 11/8/2024

A Franklin County grand jury declined to indict prominent Louisville attorney Sam Aguiar in an investigation into whether Aguiar made excessive campaign contributions in the names of straw donors to Kentucky Gov. Andy Beshear’s 2019 campaign. Special prosecutor Rob Sanders said Aguiar admitted to doing so but did not know his behavior was a crime. Commonwealth’s Attorney Larry Cleveland recommended the matter be referred to the Kentucky election registry for a civil investigation.

Louisiana – Federal Judge Blocks Louisiana Law That Requires Classrooms to Display Ten Commandments

MSN – Sara Cline and Kevin McGill (Associated Press) | Published: 11/12/2024

A Louisiana requirement that the Ten Commandments be displayed in all public classrooms is “unconstitutional on its face,” a federal judge ruled, ordering state education officials not to take steps to enforce it and to notify all local school boards in the state of his decision. U.S. District Court Judge John deGravelles said the law had an “overtly religious” purpose, and rejected state officials’ claims the government can mandate the posting of the Ten Commandments because they hold historical significance to the foundation of U.S. law.

Louisiana – Judge Agrees to Temporarily Halt Louisiana Ethics Administrator Hiring, Attorney Says

Yahoo News – Julie O’Donoghue (Louisiana Illuminator) | Published: 11/11/2024

A judge issued a temporary restraining order that blocks the Louisiana Board of Ethics from picking a new administrator. The judge granted the stay at the request of Sens. Regina Barrow and Stewart Cathey. They are suing to halt the board from filling that position over the agency in 2025. Landry and lawmakers have had a fraught relationship with the ethics board in recent years.

Maryland – Former Prince George’s County Councilmember Sentenced 1 Year in Prison for Embezzlement

MSN – Randi Ayala, Samantha Gilstrap, and Matt Pusatory (WUSA) | Published: 11/13/2024

Former Prince George’s County Councilperson Jamel Franklin was sentenced to one year in prison after pleaded guilty to felony theft and perjury. Franklin admitted to stealing $124,450.10 from his campaign committee and using those funds to pay for, among other things, his credit card debt, personal rent, and personal subscriptions. He also admitted to concealing his use of campaign funds and falsifying information on reports he signed under the penalties of perjury and submitted to the State Board of Elections.

Michigan – Baum, Altoon Get Vastly Different Sentences in Taylor Public Corruption Case

MSN – Tresa Baldas (Detroit Free Press) | Published: 11/7/2024

The last two defendants in a public corruption scheme in Taylor, Michigan, involving bribes, a crooked mayor, and perverted housing deals were sentenced recently. Taylor’s former Community Development Manager Jeffrey Baum was sentenced to 18 months in federal prison for his role in helping two businesspeople secure contracts in exchange for bribes of all sorts. Real estate developer Haidir Altoon was sentenced to one day in prison followed by two years of supervised release for his role in a scheme that involved him paying bribes to Baum and former Taylor Mayor Richard Sollars.

New Jersey – Murphy Signs Law Allowing Office Holders, Candidates to Use Campaign Funds for Child Care

Bergen Record – Ashley Balcerzak | Published: 11/8/2024

Public officials and candidates running for office in New Jersey will soon be able to use campaign funds to pay for certain childcare expenses, after Gov. Phil Murphy signed a bill into law. Under the law, a candidate or officeholder can use money raised by donors to pay for childcare the person would not have needed if they weren’t running for office or in public life.

New York – Emboldened by Re-election, Trump Renews Bid to Overturn His Conviction

DNyuz – Ben Protess, Kate Christobek, and Jonah Bromwich (New York Times) | Published: 11/12/2024

Donald Trump’s lawyers moved in recent days to throw out his criminal conviction in New York in the wake of his electoral victory, hoping to clear his record of 34 felonies before returning to the White House. The Manhattan district attorney’s office, which prosecuted Trump, then asked to pause decisions in the case so it could weigh how to respond. The judge overseeing the case, Juan Merchan, granted the pause, effectively freezing any progress until November 19.

New York – NYC Mayor Adams’ Girlfriend Tracey Collins Retires from DOE Amid Department of Investigation Inquiry Into ‘No-Show’ Job Claim

MSN – Chris Sommerfeldt and Cayla Bamberger (New York Daily News) | Published: 11/8/2024

Tracey Collins, Mayor Eric Adams’ longtime girlfriend retired from her high-ranking position in the New York City public school system. The departure comes as the system’s internal watchdog and the Department of Investigation are probing claims that her position amounted to a “no show” job with a six-figure salary. A former Department of Education employee alleged Collins has rarely shown up in person to work and keeps a light schedule mostly made up of virtual appointments.

New York – Eric Adams Reaped Public Dollar from a So-Called Small-Donor ‘Barbecue.’ Video Shows a Lavish Long Island Soiree Instead.

The City – George Joseph (The Guardian), Alyssa Katz, Yoav Gonen, and Katie Hogan | Published: 11/13/2024

A 2021 fundraiser on Long Island for then-mayoral nominee Eric Adams booked 231 donations, many of them from supermarket cashiers, delivery people, and other low wage workers at the New World Mall in Queens, each listed as having made contributions of $249 or $250. The campaign sought $362,000 in matching funds from New York City on the basis of the $55,000 it raised, entirely in small donations. But a video reveals an event, hosted by New World Mall president Lian Wu Shao and his family at their Long Island mansion, that does not appear to have been a grassroots fundraiser.

Ohio – Ex-FirstEnergy Lobbyist Pleads Fifth in Regulatory Investigation, Citing Self-Incrimination Risk

MSN – Jake Zuckerman (Cleveland Plain Dealwr) | Published: 11/13/2024

A former FirstEnergy lobbyist who worked closely on the company’s scandal ridden lobbying and self-professed bribery campaign in Ohio invoked his Fifth Amendment right against self-incrimination roughly 100 times during a recent deposition. Joel Bailey, lobbyist who reported to FirstEnergy’s now-indicted government affairs head Mike Dowling, was questioned under oath in a long-stalled state regulatory investigation into the bribery scheme.

Oregon – City Council Candidate Allegedly Offered Patrons Free Bar Entry in Exchange for Campaign Contributions

Willamette Week – Sophie Peel | Published: 11/13/2024

On a Saturday night at Fortune, a popular Portland bar, a city council candidate Ben Hufford allegedly gave bargoers waiting in line a proposal: donate $10 to his campaign, and they would not have to pay the $20 cover charge. Others recall he said they could not enter the bar unless they donated to his campaign. Hufford is a co-owner of Fortune. Campaign finance records show Hufford received 170 campaign donations that night. Nearly all were $10, or multiples of $10.

South Dakota – South Dakota Breaks Record for Number of Women Elected to the State Legislature

MSN – Makenzie Huber (Sioux Falls Argus Leader) | Published: 11/8/2024

A record number of women will serve in the South Dakota Legislature in 2025. Thirty-nine female lawmakers plan to arrive in Pierre when the legislative session starts in January, besting the previous record from the 2023-2024 Legislature by eight. The growth in female representation in South Dakota is part of a trend nationally, though most Legislatures do not have gender parity. In 2023, women represented at least half of the lawmakers in two states, Nevada and Colorado.

Texas – Audit: Former Austin city manager paid two consultants $554K in 2023, violating city ethics rules

KUT – Andrew Weber and Luz Moreno-Lozano | Published: 11/8/2024

Former interim City Manager Jesús Garza violated Austin’s ethics rules when he hired two former City Hall staffers to serve as consultants after the 2023 winter storm, a report commissioned by the city auditor found. The report said Laura Huffman and Joe Canales were paid $200 and $190 an hour respectively over their 10 months at City Hall. Garza skirted rules requiring a vote from the city council on contracts over $76,000 a year. The audit found both were effectively full-time assistant city managers.

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