September 27, 2024 •
News You Can Use Digest – September 27, 2024
National/Federal
As President, Trump Demanded Investigations of Foes. He Often Got Them.
DNyuz – Michael Schmidt (New York Times) | Published: 9/21/2024
Donald Trump deployed his power as president against his perceived enemies despite warnings not to do so by top aides. A look back at the cases of 10 individuals brings the pattern into clearer focus. After Trump made repeated public or private demands for them to be targeted by the government, they faced federal pressure of one kind or another. Even without his direct order, Trump’s indirect influence could serve his ends and leave those in his sights facing expensive, time-consuming legal proceedings or other high-stress inquiries.
FEC Forgoes New AI Rulemaking Ahead of Election
MSN – Taylor Giorno (The Hill) | Published: 9/19/2024
A bipartisan cohort of commissioners on the FEC voted to forgo new rulemaking on Artificial Intelligence (AI), citing a lack of authority to limit or prohibit the use of the developing technology in federal elections. Public Citizen had asked the agency to revise the existing ban on the fraudulent misrepresentation of campaign authority to make clear it prohibits deliberately deceptive campaign ads that use AI.
Smartmatic’s Defamation Lawsuit Against Newsmax Is Headed to Trial. What’s at Stake?
MSN – Stephen Battaglio (Los Angeles Times) | Published: 9/20/2024
Newsmax will go to court to defend itself against a defamation lawsuit filed by Smartmatic, a voting machine technology company. Smartmatic says its reputation was damaged by false statements made on the network regarding voter fraud allegations in the 2020 presidential election. Smartmatic’s suit says Newsmax provided a platform for its hosts, Donald Trump, and the former president’s attorneys and allies to falsely claim the company’s software was manipulated to deliver the election for President Biden.
Latest Strategy in Fighting Election Skepticism: Radical transparency
MSN – Yvonne Wingett Sanchez (Washington Post) | Published: 9/24/2024
Donald Trump’s relentless focus on how votes are cast and counted, along with false and fantastical information floated by him and his prominent supporters, has led to a dramatic increase in the number of people who are observing and scrutinizing the process across the nation. In just a few short years, the election process in many states, especially closely watched battlegrounds, has been transformed. Now, many officials around the nation are taking steps to rebuild confidence in elections.
One Judge, One Courthouse: Why judge-shopping is an issue in the U.S.
MSN – Tobi Raji (Washington Post) | Published: 9/23/2024
Leaders of the federal court system and some members of Congress are trying to limit the practice of judge shopping – when a person or group files a lawsuit in a carefully chosen court where they believe the judge will be inclined to rule in their favor. Neither the Democratic nor Republican legislation seems likely to advance in a polarized Congress, however. Guidance from the policymaking body that oversees the courts was greeted with hostility in some court chambers, with chief judges saying it is up to them to decide case-assignment procedures.
Defense Contracting Firm First to Be Sentenced in SPAWAR Bribery Scheme
MSN – Alex Riggins (San Diego Union-Tribune) | Published: 9/24/2024
A judge sentenced a defense contracting firm to pay more than $4.1 million in fines and forfeitures as part of a corruption scandal in which one of the firm’s executives bribed a civilian employee from San Diego’s Naval Information Warfare Center in exchange for millions of dollars in government contracts. Cambridge International Systems was ordered to forfeit more than $1.67 million and pay a fine of $2.5 million after pleading guilty to a bribery conspiracy. The firm admitted to committing the criminal act through a handful of employees.
Judge Allows Lengthy Brief in Trump Case, Rejecting Claim of Election Impact
MSN – Spencer Hsu (Washington Post) | Published: 9/24/2024
A federal judge granted prosecutors’ request to file an up-to-180-page legal brief arguing why Donald Trump’s efforts to overturn the 2020 election should not be immune from criminal prosecution, rejecting the former president’s claims that its timing was unfair or politically motivated with the election approaching. U.S. District Judge Tanya Chutkan agreed with special counsel Jack Smith’s office, which argued the briefing was necessary because the Supreme Court’s ruling on presidential immunity required her as trial judge to decide what allegations and evidence against Trump could be admissible.
US Supreme Court Justices, Other Judges Can Stay at Corporate-Owned Homes Without Disclosure
MSN – Nate Raymond (Reuters) | Published: 9/24/2024
Supreme Court justices and federal judges on lower courts do not have to publicly disclose when they dine or stay at someone’s personal residence, even one owned by a business entity, under a revised ethics rule. The Judicial Conference’s Committee on Financial Disclosure said the disclosure regulations were updated to “clarify” the extent to which gifts received at personal residences owned by corporate entities could be deemed “personal hospitality” that judges did not need to list on their disclosure reports.
A New York Republican Flipped His District Red, Then Hired His Mistress and His Fiancé’s Daughter
MSN – Marin Scotten (Salon) | Published: 9/24/2024
A member of Congress could be in breach of House ethics rules after he hired a woman that he was having an affair with and his fiancée’s daughter to work in his office, the New York Times reported. Rep. Anthony D’Esposito got his break in politics thanks in part due to his connections with a group of powerful Republicans in Nassau County, who are famous for hiring their friends and family into local government.
Senate Panel Calls for Changes at the Secret Service and a Budget Evaluation
MSN – Maria Sacchetti and Jacqueline Alemany (Washington Post) | Published: 9/25/2024
A Senate committee investigating the July 13 shooting at a Donald Trump rally is urging Congress to evaluate the Secret Service’s budget and require the agency provide security to U.S. leaders and political candidates based on the threats they face, and not whether they are in office. The Secret Service has said it is seeking a significant increase to the agency’s $3 billion annual budget to hire more agents, update equipment, and increase training after the Pennsylvania shooting and a potential attack against Trump in Florida.
A New Mystery Firm Enters Trump’s Orbit, Rekindling Criticism of His Presidential Campaign Spending
Yahoo News – Richard Lardner (Associated Press) | Published: 9/26/2024
Launchpad Strategies was incorporated less than a year ago and has since received $15 million from Donald Trump’s election fundraising machine. For what is mostly a mystery. Campaign finance experts said Launchpad Strategies was built for anonymity and is the latest example of how the Trump campaign has used secretive businesses to obscure its spending from the public.
Lobbyists Exploit Massive Loophole to Wine and Dine Lawmakers, Aides at Fancy Getaways
Yahoo News – Adriana Navarro, Caley Fox Shannon, Taylor Nichols, and Heidi Przybyla (Politico) | Published: 9/22/2024
Members of Congress and their staff have taken at least 17,000 trips since 2012 that were paid for by private parties, many of them nonprofits with deep ties to lobbyists and special interests, such as the Congressional Institute. Congressional travel rules generally bar lobbyists from playing a significant role in organizing or participating in trips sponsored by corporate entities. None of these restrictions apply to nonprofits such as the Congressional Institute, which arranges multiday trips to luxury hotels and resorts. There is nothing preventing lobbyists and industry officials from participating as speakers or attendees at the events.
From the States and Municipalities
Arizona – Campaign Funds Can Be Used for Child Care, AG Kris Mayes Says
Arizona Mirror – Caitlin Sievers | Published: 9/17/2024
Arizona candidates for public office can use their campaign funds to pay for childcare needs while they are campaigning, state Attorney General Kris Mayes said in a legal opinion. Just seven weeks out from the general election in November, the opinion is unlikely to have a great impact this election cycle. But supporters hope they can spread the word over the next two years to spur single mothers and fathers, and others who were held back by childcare costs, to run for office.
Arizona – Arizona’s Top Court Says Voters Missing Citizenship Proof Can Receive Full Ballots
MSN – Patrick Marley and Yvonne Wingett Sanchez (Washington Post) | Published: 9/20/2024
The Arizona Supreme Court ruled nearly 100,000 voters should receive regular ballots this fall even though there is no record they had submitted documentation to state officials proving they are citizens. The battleground state’s high court issued its ruling three days after officials told the justices they had recently discovered state computer systems had identified some longtime residents as having provided citizenship documents even though they had not.
California – Critics Say Lawmakers Watered Down California’s Lemon Car Law after Secret Lobbyist Negotiations
MSN – Ryan Sabalow (CalMatters) | Published: 9/23/2024
Californians have relied on the state’s “lemon law” to fight back against car makers that sell them defective vehicles. Now, critics say the state’s ability to recoup their money after buying a clunker could become more difficult, due to a hastily passed bill that lobbyists representing U.S. auto manufacturers and powerful attorneys groups drafted in secret. How the bill came to end up on the governor’s desk is the latest example of how bills are often passed with little time for public input or legislative debate.
California – Should Oakland Allow for Bigger Political Campaign Contributions?
MSN – Eli Wolfe (Oaklandside) | Published: 9/20/2024
The amount of money individuals can give to candidates running for Oakland City Council and other positions this November might increase by a couple of hundred dollars, a possibility that some ethics officials and good government advocates oppose. The proposal would essentially restore the higher contribution limits that existed in Oakland before passage of Measure W in 2022. Supporters of the change say the lower contribution amounts has created a financial crunch that has been especially hard for candidates running for the at-large council seat and for city attorney.
California – O.C. Board of Supervisors Censures Embattled Member Andrew Do
MSN – Andrew Campa (Los Angeles Times) | Published: 9/24/2024
The Orange County Board of Supervisors censured Andrew Do, marking another significant, if ceremonial, rebuke of the embattled politician. The board condemned Do “for his failure to abide by the code of ethics and commitment to public service, and for the reckless judgment and favoritism he has demonstrated.” Do, who is in the last year of his final term, has not attended a board meeting since August 13. The censure follows the board’s decision to remove Do from all committee and board appointments.
California – Oakland’s Chief Ethics Investigator Quits
MSN – Eli Wolfe (Oaklandside) | Published: 9/25/2024
Simon Russell, the enforcement chief of Oakland’s Public Ethics Commission, is resigning. Russell’s primary reason for leaving is the city’s refusal to give his team more resources, despite his repeated warnings about a staffing crisis. “I can only conclude that this failure is largely deliberate, even despite (or perhaps because of) the considerable public interest in our cases that have been brought partially to light,” Russell wrote.
Georgia – Pro-Trump Georgia Election Board Votes to Require Hand Counts of Ballots
MSN – Amy Gardner (Washington Post) | Published: 9/20/2024
Georgia’s State Election Board passed a measure requiring local precincts to conduct hand counts for the November election and confirm the figures match machine counts before certifying election results. The change was led by a pro-Donald Trump majority that has enacted a series of changes to the state’s election rules. Critics accused the board of intentionally injecting chaos and uncertainty into the presidential contest. Election supervisors said hand counts would take too long, cost money, and almost certainly produce counting errors.
Hawaii – Hawaii Lawmaker to Pay $12,500 To Settle Ethics Commission Complaint
Honolulu Civil Beat – Kevin Dayton | Published: 9/19/2024
The Hawaii Ethics Commission agreed to settle a complaint against state Rep. David Alcos over allegations he failed to disclose an array of debts on disclosures that candidates and lawmakers are required to file. Those debts include more than $3.2 million in federal and state tax liens filed against Alcos to collect taxes owed by Alcos’ company, D.A. Builders LLC.
MSN – Jason Meisner, Rebecca Johnson, and Megan Crepeau (Chicago Tribune) | Published: 9/20/2024
A federal judge declared a mistrial in the bribery case of former AT&T executive Paul La Schiazza after the jury said it was unable to reach a unanimous verdict. La Schiazza was accused of secretly funneling payments to an ally of former Illinois House Speaker Michael Madigan in exchange for the speaker’s assistance passing key legislation for AT&T in Springfield, allegations that are also included in the racketeering indictment against Madigan and his co-defendant, Michael McClain.
Indiana – Council OKs Revised Elected-Official Pay, Ethics Disclosure Ordinances
Indianapolis Business Journal – Taylor Wooten | Published: 9/24/2024
The Indianapolis City-County Council approved two ordinances at their recent meeting, one that increases long-stagnant countywide elected official pay and the other requiring councilors to fill out more in-depth, publicly available disclosure forms. The ordinance makes councilor financial disclosure, currently available only through a public records request, easily accessible online. It would also expand the amount of information councilors are required to report about their employer and finances.
Kansas – ‘A Breakdown’: Kansas missed signs dead ex-official worked both sides of $425k grant
Yahoo News – Chance Swaim and Jonathan Shorman (Kansas City Star) | Published: 9/20/2024
A former Kansas Department of Commerce official suspected of embezzling public funds handled money for a community foundation that received a $425,000 grant while he oversaw the same grant at the state agency that awarded it, an apparent conflict-of-interest now coming under scrutiny. Two top Commerce officials – Lt. Gov. David Toland, who leads the agency, and Robert North, the agency’s general counsel – signed off on the grant amid warning signs that the official was working on both sides of the grant.
Michigan – Lobbyist Sold His Condo to a Lawmaker at a Loss While Another Rents Rooms to Legislators
MSN – Alex Walters and Jack Armstrong (Detroit Free Press) | Published: 9/25/2024
A lobbyist sold his Lansing condominium to a state representative at a financial loss in the largest-ever financial transaction between a lobbyist and a Michigan legislator over the last 20 years. Nathan Piwowarski, while registered as a lobbyist, disclosed he sold his condo to then-state Rep. Phil Potvin. Piwowarski bought the condo for $106,900 in 2003 and sold it to Potvin for $79,000 in 2011. Piwowarski said he sold the condo for fair market value. Michigan law does not require an independent evaluation of that claim.
Michigan – Michigan Lawmakers Feast and Fly for Free, but the System for Tracking Freebies Is Broken
Yahoo News – Eye on Michigan | Published: 9/23/2024
Lobbyists spend millions of dollars entertaining state officials in Michigan, but it is difficult to determine what lawmakers accept because the state’s system for tracking influencers’ gifts to legislators is flawed, rife with loopholes, and relies on the honor system, according to a media investigation. Nearly two-thirds of all spending was classified as “group food & beverage,” making it impossible to determine how much each lawmaker received in free meals.
Mississippi – Late-Arriving 2024 Ballots Challenged by GOP at Appeals Court
MSN – Zoe Tillman (Bloomberg) | Published: 9/24/2024
A federal appeals court weighed a Republican challenge to Mississippi counting mail ballots that arrive within five days of an election as long as they are postmarked by that date, in a showdown that could wind up at the U.S. Supreme Court. While Mississippi is not a battleground state in the presidential race, the case could fuel other 2024 legal challenges in states with similar rules four years after the pandemic made absentee voting an election flashpoint.
Nebraska – State Sen. Mike McDonnell Deflates GOP Hopes for Nebraska Winner-Take-All in 2024
Nebraska Examiner – Aaron Sanderford | Published: 9/23/2024
The Republican push to change how Nebraska awards its Electoral College votes and boost Donald Trump ran into political reality as a key lawmaker, state Sen. Mike McDonnell, announced he would not support the change. Nebraska and Maine are the only states that award a single Electoral College vote to the winner in each congressional district, plus two votes to the statewide winner of the presidential popular vote. McDonnell’s “no” on winner-take-all leaves Republicans in Nebraska’s Legislature with no path to overcoming a promised filibuster unless a Democrat or nonpartisan senator defects.
New Jersey – Party Boss George Norcross’ Indictment Details a Web of Corruption Across South Jersey
Gothamist – Nancy Solomon | Published: 9/22/2024
The indictment of New Jersey political boss George Norcross provides new evidence of how he wielded political power in Camden, creating a patronage pipeline that placed his allies in well-paying, influential jobs. George Norcross, his brother Philip, former Camden Mayor Dana Redd, and three others are charged with running a criminal enterprise that used political power to steal property and development rights along the Camden waterfront from the rightful owners.
New Mexico – Settlement Reached on Disclosure of Donors, Expenditures of Latino Election Group
Yahoo News – Colleen Heild (Albuquerque Journal) | Published: 9/23/2024
New Mexicans will find out the identities of the individuals and organizations that contributed to a political committee aimed at combating the influence of progressive Democrats in this year’s legislative elections. The New Mexico Project, and one of its founders, Jeff Apodaca, agreed to settle a legal battle over the project’s failure to comply with state campaign reporting laws. In a settlement, The New Mexico Project registered with the state and promised to disclose its contributions and expenditures by October 2.
MSN – Evan Perez, Mark Morales, Kara Scannell, Brynn Gingras, and Gloria Pazmino (CNN) | Published: 9/26/2024
New York City Mayor Eric Adams was indicted on corruption charges following a federal investigation. Adams, the first mayor of New York City to ever be charged with a crime while in office, faces, five charges related to bribery, wire fraud, conspiracy, and soliciting campaign contributions from foreign nationals. The indictment alleges illegal actions stretching back to 2014, from when he was Brooklyn Borough president.
North Carolina – N.C. Republican Vows to Continue Campaign for Governor Amid Fallout of CNN Story
MSN – Patrick Svitek, Amy Gardner, and Hannah Knowles (Washington Post) | Published: 9/19/2024
Mark Robinson, the Republican nominee for governor in North Carolina, vowed to continue his campaign amid the fallout over a CNN story about comments he made on a pornographic website’s message board more than a decade ago. CNN reported Robinson called himself a “black NAZI!” on the forum in 2010 and voiced support for bringing back slavery the same year. Robinson, who has expressed hostility toward transgender people in his campaign, also said on the message board that he liked to watch transgender pornography.
North Dakota – Ethics Commission to Seek Legislation to Bolster Transparency, Investigative Authority
Yahoo News – Mary Steurer (North Dakota Monitor) | Published: 9/25/2024
The North Dakota Ethics Commission is planning to propose legislation during next year’s session that would overhaul how it investigates potential violations. Staff say the changes would bring the panel more in line with the original vision for the Ethics Commission approved by voters. The proposed changes would also give the commission more control over when and how it conducts investigations. The commission would also for the first time have the freedom to dismiss or informally resolve allegations before an official investigation is launched.
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 9/25/2024
Ohio’s ban on non-citizens contributing money to state ballot-issue campaigns is now in force, at least for the time being, as a federal appeals court panel lifted a temporary freeze on the new law. A District Court judge had ruled that authorities could not enforce the ban because it unconstitutionally restricted free-speech rights of lawful permanent residents, also known as green-card holders.
Ohio – Ohio Sheriff Barred from Working Elections After Posts about Harris Signs
MSN – Praveena Somasundaram (Washington Post) | Published: 9/24/2024
The Portage County, Ohio, elections board barred its sheriff’s office from providing security during early voting after Sheriff Bruce Zuchowski urged people to collect the addresses of residents displaying yard signs for Vice President Kamala Harris. The messages sparked concerns among local residents, civil rights groups, and regional politicians about voter intimidation during the presidential election.
MSN – Aimee Green (Portland Oregonian) | Published: 9/24/2024
Measure 115 on the November ballot would amend the constitution to make Oregon the final state to allow lawmakers to oust statewide officials of some sort. In Oregon’s case, it would be elected officials in five statewide positions: governor, secretary of state, treasurer, attorney general, and labor commissioner. Currently, the only mechanism the state has for removing elected officials from office is a recall. But the process is long, complicated, and expensive, and critics say relying on recalls to keep in check high-level state officials is not a realistic option.
Pennsylvania – Court Takes ‘Naked Ballots’ Case Over Pennsylvania Mail-in Voting
MSN – Mark Scolforo (Associated Press) | Published: 9/20/2024
The Pennsylvania Supreme Court will consider whether counties must accept provisional ballots cast on election day at polling places by voters whose mail-in ballots lacked secrecy envelopes or were rejected for other flaws. It could determine the fate of thousands of votes that could otherwise be canceled in the November 5 election, when Pennsylvania is considered a critical state in the presidential contest.
Rhode Island – RI’s Part-Time Legislators Do Not Go Hungry. Here’s Where They Eat – and Who Pays the Tab
Yahoo News – Katherine Gregg (Providence Journal) | Published: 9/20/2024
Legislative leaders spent $235,739.55 in taxpayer dollars this past session making sure Rhode Island’s part-time lawmakers did not go hungry. Some of the food was provided for legislators and staff on the nights House and Senate leaders anticipated long committee meetings or floor sessions, while some of the really big spending begins when the gavels drop each night.
Tennessee – Tennessee Registry Reports Cothren Attorney to Disciplinary Board
Yahoo News – Sam Stockard (Tennessee Lookout) | Published: 9/25/2024
Tennessee’s Registry of Election Finance is reporting the attorney for a former House speaker’s chief of staff to the Board of Professional Responsibility for a potential ethics violation after an encounter between a private investigator and the state’s campaign finance chief. Registry board members voted to notify the board that a private investigator for attorney Cynthia Sherwood went to the home of Bureau of Ethics and Campaign Finance Executive Director Bill Young on and tried to talk to him about a case. It was reported that the private investigator went to several lawmakers’ homes too.
Texas – Jury Clears All but One Defendant in Texas ‘Trump Train’ Trial
MSN – Kate McGee (Texas Tribune) | Published: 9/23/2024
A jury cleared all but one of six Donald Trump supporters who were accused of breaking federal law when they surrounded a Joe Biden campaign bus driving down a Texas highway days before the 2020 election. Jurors said just one of the defendants, Eliazar Cisneros, violated the Ku Klux Klan Act of 1871 when the so-called Trump Train, a monicker for caravans to show support for the former president, drove up to the bus as it traveled on Interstate 35. The group, which included dozens of vehicles on the highway that day, forced the bus to slow to a crawl.
Wisconsin – Investigation Launched into Wisconsin Mayor Who Removed Ballot Drop Box
MSN – Patrick Marley (Washington Post) | Published: 9/25/2024
A fight over voting rules in Wisconsin sparked a criminal investigation after Wausau Mayor Doug Diny, wearing a hard hat and Department of Public Works jacket, carted off a ballot drop box the city clerk was about to make available to voters. Officials in the battleground are considering with whether to use drop boxes after the state Supreme Court gave them that ability. Officials in Milwaukee, Madison, and other Democratic strongholds have embraced them, while their counterparts in some of Milwaukee’s suburbs and other Republican areas have banned them.
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