August 23, 2019 •
News You Can Use Digest – August 23, 2019
National/Federal Cherokee Nation Sending First-Ever Delegate to Congress Newsweek – K Thor Jensen | Published: 8/20/2019 The Cherokee Nation is appointing its first delegate to Congress. Two Native American tribes, the Cherokee and the Choctaw, are both granted the right to […]
National/Federal
Cherokee Nation Sending First-Ever Delegate to Congress
Newsweek – K Thor Jensen | Published: 8/20/2019
The Cherokee Nation is appointing its first delegate to Congress. Two Native American tribes, the Cherokee and the Choctaw, are both granted the right to send delegates to the House of Representatives. The Choctaw still have not exercised that right, but the Cherokee are in the process of sending their first: Lobbyist Kimberly Teehee, who served as President Obama’s senior policy advisor for Native American affairs. Representation in the federal government is increasingly important for many Native Americans who are worries about the Keystone XL pipeline and other encroachments on tribal lands, as well as enduring poverty, health issues, and infrastructure problems.
Do Trump Officials Plan to Break Centuries of Precedent in Divvying Up Congress?
National Public Radio – Hansi Lo Wang | Published: 8/14/2019
Since the first U.S. census in 1790, the Constitution has called for a head count every 10 years of “persons” living in the U.S. to determine the number of congressional seats each state gets. The counts have always included both citizens and noncitizens, regardless of immigration status, although the history of who was counted and how is complicated. In recent weeks, however, the Census Bureau’s director, Steven Dillingham, has not been able to provide a clear answer as to whether citizenship will be factored into apportionment after the 2020 census. Alabama Attorney General Steve Marshall argue the Census Bureau should exclude unauthorized immigrants from numbers used for apportionment because the framers did not intend for immigrants living in the U.S. without authorization to be included among the “persons” described in the Constitution.
F-bombs Away: Why lawmakers are cursing now more than ever
The Hill – Judy Kurtz | Published: 8/19/2019
Profanity, once considered a major no-no among those seeking public office, is no longer an earth-shattering political snafu. And according to new research, this year could be on track to see members of Congress swearing up a storm more than ever before. GovPredict, a government relations software company, found the frequency of lawmakers using four-letter words has increased steadily since 2014. A 2012 Forbes opinion piece asked readers, “When Can a Politician Use Profanity, If Ever?” But these days, look no further than countless congressional social media accounts and political rallies for R-rated language.
FEC Chairwoman: Penalty ‘slashed’ for ex-congressman who used leftover campaign money to lobby
Roll Call – Emily Kopp | Published: 8/19/2019
Former U.S. Rep. Cliff Stearns, who diverted leftover campaign money towards dinners and dues at a private club outside of the Capitol just as he began to lobby his former congressional colleagues will only have to pay back a fraction of the funds he misused. The FEC stalemated in a vote over whether to issue a more severe fine, one that would hold him personally liable. The outcome comes as the FEC begins cracking down on so-called zombie campaigns, pots of campaign donations that live on long after the candidate has vacated office. But the small fine shows the limitations of the FEC under its current structure, campaign finance experts say.
Industry Flexes Political Muscle in States to Criminalize Aggressive Pipeline Protests
Insurance Journal – Jennifer Dlouhy (Bloomberg) | Published: 8/20/2019
After protesters disrupted construction of an oil pipeline in North Dakota by chaining themselves to construction equipment and pitching tents along the route, oil and chemical companies found a way to keep it from happening again – they made it a crime. The companies, including Koch Industries, lobbied state Legislatures to effectively outlaw demonstrations near pipelines, chemical plants, and other infrastructure. Nine states have gone along so far, in some cases classifying the activities as felonies. More are considering legislation. The lobbying campaign has raised concerns about corporate influence muzzling free speech. Industry representatives portray their efforts as a necessary counter to the increasingly aggressive tactics of activists.
Inspector General Finds Politically Motivated Harassment at State Department
Washington Post – Karen DeYoung | Published: 8/15/2019
A report by the State Department’s inspector general concludes that leadership of a leading department bureau mistreated and harassed staffers, accused them of political disloyalty to the Trump administration, and retaliated against them. In response to repeated counseling by more senior State officials that he address staff concerns, the report concluded, Kevin Moley, assistant secretary for international affairs, “did not take significant action.” The report is a sweeping condemnation of Moley and more specifically of his former senior adviser, Mari Stull. A former lobbyist and consultant for international food and agriculture interests, Stull left the department in January following press reports that, among other things, she had compiled a list of staffers deemed insufficiently loyal to the Trump administration.
These Political Super Fans Turn Their Activism into Collector’s Items
CNBC – Yelena Dzhanova | Published: 8/17/2019
Leslie Zukor is such a Bernie Sanders super fan that she has more than 500 pieces of campaign merchandise and memorabilia dedicated to the presidential hopeful. Buttons make up 80% of her collection, but she has plenty of more offbeat items, too – including 10 custom puppets modeled after Sanders. Each cost her between $100 and $500. Zukor says she has spent over $1,000 on Sanders campaign merchandise this year alone. While that may sound like a lot to people who are not politics junkies, it pales in comparison to what some other hardcore collectors spend. These people often have tens of thousands of political items in their collections and belong to national groups such as the American Political Items Collectors.
Trump Wields Power Against Political Enemies
Beaumont Enterprise – Toluse Olorunnipa (Washington Post) | Published: 8/15/2019
By pressuring the Israeli government to bar entry by two members of Congress, President Trump once again used the power and platform of his office to punish his political rivals. It is a pattern that has intensified during the first two and a half years of Trump’s presidency, as he has increasingly governed to the tune of his grievances. Taken as a whole, Trump’s use of political power to pursue personal vendettas is unprecedented in modern history, said Matthew Dallek, a political historian who teaches at George Washington University.
Washington Gov. Jay Inslee to Announce Run for 3rd Term
AP News – Rachel LaCorte | Published: 8/22/2019
Washington Gov. Jay Inslee, who has ended his climate change-focused 2020 presidential bid, is set to announce he will seek a third term as governor. He is the third Democrat to end his presidential bid after U.S. Rep. Eric Swalwell of California and former Colorado Gov. John Hickenlooper withdrew. While Inslee had qualified for the first two presidential debates this summer, he struggled to gain traction in the crowded field and was falling short of the requirements needed to appear on two high-profile stages: the third debate in Houston and a CNN town hall focused on climate change, Inslee’s key issue. He had recently hit one of the markers of 130,000 unique donors. But he had yet to reach 2% in any poll and would have needed to hit that level of support in four qualifying polls.
From the States and Municipalities
Arkansas – Orthodontist Accused of Bribing Former Arkansas Lawmaker
Courthouse News Service – Erik De La Garza | Published: 8/19/2019
A Florida-based orthodontist who operates several clinics in Arkansas was charged in a bribery and fraud scheme involving disgraced former state Sen. Jeremy Hutchinson, who pleaded guilty in June for his role in the conspiracy. The 15-count indictment accuses Benjamin Burris with paying approximately $157,500 in kickbacks in part for Hutchinson to take official action as a state legislator to benefit the orthodontist and his companies. Prosecutors say the payments were disguised as retainer payments and funneled through Hutchinson’s law firm. Burris also allegedly gave Hutchinson gifts, including free orthodontic services for his family and the use of a private plane to travel to a college football game.
Arkansas – Panel Cautions Firms Over Lobbying Arkansas Sheriffs
Arkansas Democrat-Gazette – Hunter Field | Published: 8/17/2019
The Arkansas Ethics Commission issued public letters of caution to four jail services companies for failing to properly report contributions to the Arkansas Sheriffs’ Association. The companies settled with the commission, agreeing they violated state laws by failing to register as lobbyists and failing to report lobbying expenses. But several said they disagree with the commission’s conclusions. They also questioned whether the commission’s findings would have a negative impact on corporate sponsorships of all type of government-related trade associations. The companies sponsored meals and a fishing tournament for the association that were attended by “sheriffs and other public servants,” according to the Ethics Commission.
California – Anaheim Mayor Sidhu Pays Off 2016 Assembly Debt by Fundraising While Mayor
Voice of OC – Spencer Custodio | Published: 8/20/2019
Anaheim Mayor Harry Sidhu paid off 2016 California Assembly campaign debts and put a dent in his 2018 mayoral campaign debt after fundraising since December in both campaign committees. It is a move some experts said is an example of loopholes in campaign finance regulations. Fair Political Practices Commission spokesperson Jay Wierenga, speaking generally and not specifically about Sidhu’s campaign finances, said double fundraising is not illegal. “… Generally speaking, it is permissible to have multiple committees open at once, but each committee must be used only for expenses associated for that election,” Wierenga wrote in an email.
California – Cal Channel to End Broadcasting After Three Decades
Capitol Weekly – Jessica Hice | Published: 8/15/2019
The California Channel, a decades-old public broadcaster that has historically provided on-demand video access to the Legislature, the state Supreme Court, and the Capitol community, will cease operations in October. Supported by the California Cable and Telecommunications Association since 1993, it is one of the few services that offer one-on-one interviews with all candidates for the state’s elected offices. The Cal Channel has long been viewed as the state’s version of C-SPAN. Cal Channel President John Hancock says the decision to end broadcasting was due in part to the passage of Proposition 54, which requires the Legislature to make audio and visual recordings of its legislative proceedings public within 72 hours. The Legislature has its own television and radio services that cover politicians and send stories to their districts.
California – Oakland Coliseum Authority CEO Sought $50,000 Payment from RingCentral for Naming Rights Deal
San Jose Mercury News – David Debolt | Published: 8/21/2019
Scott McKibben, the former chief executive officer of the Oakland-Alameda County Coliseum Authority, sought a $50,000 fee from RingCentral for helping the company negotiate a stadium naming rights deal with the public agency he oversees, a possible violation of state conflict-of-interest law. Invoices show McKibben billed the company for the consultant fee as part of the three-year deal worth $3 million to rename the stadium where the Oakland A’s and Raiders play. McKibben resigned while still under contract to the authority a day after the board held a closed-door meeting to discuss the matter.
California – While He Was Illegally Lobbying, Former L.A. Official Was Also Getting Paid by City Hall
Los Angeles Times – David Zahniser and Emily Alpert Reyes | Published: 8/20/2019
Michael LoGrande, the former head of the Los Angeles Department of City Planning, admitted he violated the city’s “revolving door” law, which prohibits high-level officials from lobbying elected officials, managers, and other decision-makers during their first 12 months after leaving city employment. LoGrande left his government job in January 2016 after spending more than five years running the department, which reviews real estate development projects. Within a few months, he was lobbying planning department officials on behalf of the clients he had picked up while operating his new land-use consulting business. The Los Angeles Ethics Commission voted to fine LoGrande $281,250, the largest penalty levied against a current or former city employee.
Colorado – Aurora City Council Approves New Ethics Law, Opposes Lobbying Registration
Colorado Sentinel – Kara Mason | Published: 8/20/2019
Despite taking other legislative steps toward greater transparency, a majority of Aurora City Council members decided against an ordinance mandating lobbyists register if working in the city. Several city council members cited concerns of who would qualify as a lobbyist and whether non-profit organizations attempting to seek influence on the city council would be required to register under the proposed rules. The council approved a new ethics code, which tasks an independent panel of judges with investigating complaints, prohibits the mayor and city council members from accepting gifts valued more than $300, and prevents council members from engaging in conflicts-of-interest.
Colorado – Gravel Pit Permit Must Be Reheard Because of Contributions to Larimer County Commissioner’s Campaign Before Vote
Colorado Sun – Sandra Fish | Published: 8/22/2019
Advocates for limiting contributions to political campaigns often cite the potential for large sums of money to influence decisions by public officials. But rarely do allegations of conflicts-of-interest related to campaign cash result in action against elected officials and their donors. That changed in Colorado when a judge ruled Larimer County Commissioner Tom Donnelly should have recused himself from voting on a controversial plan to mine gravel near a residential development in 2018 because he received $10,000 in campaign money from the owners of the mining company two years before. Observers as well as lawyers on both sides of the case say such a decision is unusual.
Connecticut – Ernie Newton Pleads Guilty to Three Campaign Finance Charges, Avoids Jail; Six-Year Prosecution Ends
Hartford Courant – David Owens | Published: 8/21/2019
Ernie Newton, the former state senator and now a Bridgeport City Council member, pleaded guilty to three felony campaign finance violations, but avoided prison. The guilty pleas and an 18-month suspended jail sentence close a nearly seven years of litigation over allegations that Newton received illegal contributions in order to qualify for more than $80,000 in public financing for a 2012 state senate run he ultimately lost. He initially faced campaign finance violations and two counts of first-degree larceny as a result of an investigation by the State Elections Enforcement Commission. A jury convicted Newton of three campaign finance violations but could not reach verdicts on the other charges.
Connecticut – Hartford Athletic Soccer CEO Bruce Mandell Pays $45,000 Fine for Illegal Campaign Contributions
Hartford Courant – John Lender | Published: 8/21/2019
Hartford Athletic Chief Executive Officer Bruce Mandell paid a $45,000 fine to the State Elections Enforcement Commission for making illegal campaign contributions in 2018, many of them in the names of his wife and their college-age daughter, to Republican gubernatorial candidate Bob Stefanowski, the state GOP, and others. The violations included exceeding the limit for an individual contribution to a candidate or committee; making “straw donations” in the name of another person; using “business assets” to make contributions; and making a contribution as a “prospective state contractor,” a practice that is banned under state clean-election laws.
Florida – This Secretive Group Is Trying to Create Barriers to Amending Florida’s Constitution
Miami Herald – Mary Ellen Klas | Published: 8/19/2019
A secretive organization with the goal of thwarting amendments approved by voters after the 2020 election cycle has spent more than $800,000 on paid petition gatherers in the last four months, using funds from undisclosed sources and raising the specter of another high stakes fight over the future of energy regulation in Florida. The group calls itself Keep Our Constitution Clean and says its purpose is to keep the state’s premier legal document uncluttered by special interest measures. But activists involved in other petition drives say they believe the group is linked to the utility industry, which is opposing a proposed amendment that would deregulate the state’s monopoly utilities.
Hawaii – Critics Question Former Council Chair’s Ties to North Shore Project
Honolulu Civil Beat – Cristina Jedra | Published: 8/20/2019
One of the last actions Ernie Martin took as Honolulu City Council chairperson last year was to recommend approval for a development that had been plagued by permit violations and community complaints. By the time the permit was reviewed and approved in November, Martin had accepted $9,450 in congressional campaign contributions from developers associated with the Hanapohaku LLC project and their family members. Immediately upon leaving office, he got a job at the law firm that represents Hanapohaku. Opponents of the development are crying foul over what they believe to be a conflict-of-interest.
Illinois – Report Finds Sexual Harassment, Inappropriate Behavior and Bullying Widespread in Springfield; House Speaker Michael Madigan Takes Responsibility ‘for Not Doing Enough’
Chicago Tribune – Dan Patrella and Ray Long | Published: 8/20/2019
An outside investigation into sexual harassment and bullying within Illinois House Speaker Michael Madigan’s office and his Democratic caucus found people across the Capitol repeatedly have been subjected to sexual harassment or other inappropriate behavior. The report found Madigan’s former chief of staff, Tim Mapes, made inappropriate comments to a staffer but uncovered insufficient evidence to conclude that state Rep. Lou Lang, a former top Madigan lieutenant, sexually harassed a lobbyist. The report notes that allegations of harassment and other bad behavior are not limited to the speaker’s office or the House Democratic caucus.
Indiana – Rep. Dan Forestal Threatened Cops’ Jobs, Impersonated Police and Tried to Buy Cocaine, Police Say
Indianapolis Star – Ryan Martin and Chris Sikich | Published: 8/14/2019
Indiana Rep. Dan Forestal threatened to use his power to punish police officers who pulled him over, according to a police report, which also accused the lawmaker of trying to buy cocaine, impersonating law enforcement, struggling with officers, and drunken driving. A wife and husband told police they were outside their home when Forestal drove up in his car. According to the police report, Forestal told them: “I’m a legit officer doing a drug bust and today is the last day before the feds descend and start kicking in doors.” It is not clear from the report why Forestal approached this particular home.
Maryland – Baltimore City Council Passes New, Tighter Ethics Rules after Pugh Scandal
Baltimore Sun – Luke Broadwater and Ian Duncan | Published: 8/19/2019
The Baltimore City Council passed new, tighter ethics regulations in the aftermath of the self-dealing scandal and resignation of former Mayor Catherine Pugh. The bill requires people filing financial disclosure forms to list all directorships they hold, not just those at entities that do business with the city. Pugh resigned after collecting some $800,000 to produce her self-published “Healthy Holly” children’s books. The University of Maryland Medical System, which she helped oversee as a board member, paid her $500,000. Pugh also accepted payments from other entities that she approved to do business with the city. The bill is the first piece of ethics reform legislation to pass the council since the scandal.
Massachusetts – Feds Say Former Mass. State Police Union Head Dana Pullman Used Union as His ‘Personal Piggy Bank,’ to Fund Trips, Meals and Romantic Affair
MassLive – Michelle Williams | Published: 8/21/2019
Dana Pullman, former president of the Massachusetts State Police union, and the group’s former lobbyist, Anne Lynch, were arrested for what prosecutors say was a scheme to garner kickbacks and misappropriate union funds. Prosecutors said Pullman tapped union funds for personal expenses including gifts for someone he was having a romantic relationship with and collected kickbacks from Lynch for steering business to her firm. In one instance, Pullman allegedly got his union treasurer to issue a $250,000 check to Lynch’s firm for work it did in negotiating a settlement with the state to compensate troopers who had worked on days off. After the firm was paid, Lynch allegedly wrote herself a $50,000 check from the company’s account, then made a check out to Pullman’s spouse for $20,000, which was falsely classified as a payment for consulting work.
Michigan – Michigan Panel Puts Brakes on $1.1M Trucking Grant after Free Press Report
Detroit Free Press – Paul Egan | Published: 8/13/2019
The Michigan State Administrative Board put the brakes on a $1.1-million safety education grant to an arm of the Michigan Trucking Association, the lobbyist for the trucking industry. The board, which is normally a rubber stamp for state contracts and grants that are already in the pipeline, took the unusual action after The Detroit Free Press reported the Michigan Center for Truck Safety, a nonprofit agency housed inside the offices of the trucking association, has received about $8 million in such grants since 2012, funded by truck registration fees. The Free Press reported the center uses some of the grant money to pay the trucking association tens of thousands of dollars in rent and other expenses, and a monitoring report found the center had received reimbursement from the state for close to $300,000 in impermissible expenses.
Mississippi – Four Louisiana Men to Plead Guilty in Mississippi Bribe Scheme
AP News – Jeff Amy | Published: 8/18/2019
Four Louisiana men say they will plead guilty to charges they tried to bribe a Mississippi sheriff with $2,000 in casino chips, seeking lucrative jail contracts. Michael LeBlanc Sr., Michael LeBlanc Jr., Tawasky Ventroy, and Jacque Jones have filed notices in federal court saying they will change their previous not guilty pleas. All are accused of scheming to win contracts to sell inmates phone service and commissary goods at a jail in Mississippi’s Kemper County. They are also accused of paying former Mississippi Corrections Commissioner Christopher Epps $2,000 and promising him future bribes to secure his help in influencing sheriffs. Epps was convicted of taking more than $1.4 million in bribes from private contractors and is serving a nearly 20-year prison sentence.
Mississippi – ‘She Was in Fear of Him,’ Judge Says Before Finding Miss. Lawmaker Not Guilty of Domestic Violence
Biloxi Sun Herald – Margaret Baker and Justin Mitchell | Published: 8/20/2019
Mississippi Rep. Douglas McLeod was found not guilty of domestic violence after his wife unexpectedly took the stand and testified on his behalf. Michele McLeod said on the evening of May 18, her husband had drunk less than two tumblers full of wine and mixed them with prescription-strength ibuprofen. She said he was “in a state of delirium” when one of his limbs, “probably his arm,” hit her face. George County Justice Court Judge Mike Bullock said, before making his verdict, that he could understand how the hit could have happened accidentally after her testimony. Body-camera footage from a responding George County sheriff’s deputy showed Michele McLeod minutes after 911 was called. There was blood down her nose, around her mouth, and covering her hands.
Missouri – Former Economic Development CEO Gets 3 Years’ Probation, $20K Fine for Stenger Scheme
St. Louis Public Radio – Jason Rosenbaum and Rachel Lippman | Published: 8/16/2019
Sheila Sweeney, the former chief executive of the St. Louis Economic Development Partnership, was sentenced to three years’ probation and fined $20,000 for her role in a corruption scheme orchestrated by then-St. Louis County Executive Steve Stenger. Sweeney admitted she knew Stenger was trying to steer county contracts to a campaign donor and did nothing to stop it. Sweeney helped that donor, John Rallo, get a $130,000 marketing contract, even though he had no relevant experience. She also maneuvered to make sure Rallo’s real estate company was able to purchase two pieces of industrial property near the St. Louis County and Municipal Police Academy.
Oregon – Sheriff in Conservative County Defends Free Press
AP News – Andrew Selsky | Published: 8/21/2019
Malheur County officials asked Sheriff Brian Wolfe to assess whether the Malheur Enterprise, a small newspaper in Oregon, has engaged in criminal conduct in its reporting. The newspaper has been investigating state Rep. Greg Smith’s business deals and contract work in the county. The officials asked whether reporters’ persistent attempts to contact officials, sometimes after business hours or using their personal email accounts, amounted to harassment. Wolfe said an inquiry determined no laws had been broken. “As an elected sheriff, we will always respect the constitutional rights of … everybody. We do believe in freedom of the press and free speech that we believe are our rights given by the Constitution …,” Wolfe said.
Pennsylvania – ‘It’s Disappointing’ Elections Board Reaffirms $29M Voting Machine Contract Over Objections, Violations
Philadelphia Tribune – Michael D’Onofrio | Published: 8/15/2019
Philadelphia’s acting board of elections voted to keep its current contract for new voting machines, days after the city’s legal department notified elections officials the vendor, Election System & Software (ES&S), failed to disclose its lobbying activities. ES&S will pay a $2.9 million fine over the violations, or 10% percent of the contract. An investigation showed ES&S used a lobbyist and engaged in lobbying activities in 2017 and 2018. The lobbying activities included direct communication with then-city Commissioner Alan Schmidt. ES&S also failed to disclose campaign contributions by consultants to Schmidt and then-city Commissioner Lisa Deeley.
Rhode Island – RI’s Board of Elections Remains an Underfunded Campaign Finance Watchdog
The Public’s Radio – Ian Donnis | Published: 8/21/2019
Former Providence City Council President Luis Aponte was indicted in 2017 after the Rhode Island Board of Elections exposed how he had used more than $13,000 in campaign funds for personal use. Aponte pleaded no contest and resigned from his council seat. The case shows how the Board of Elections is playing a stepped-up role in policing the state’s campaign finance laws. Things have gotten better since the agency’s leadership changed in 2016. And the Elections Board’s top campaign finance investigator, Ric Thornton, is well respected for his work. But Sen. Sam Bell and others say that despite improvements, the board needs more funding to oversee the campaign money that flows through Rhode Island politics.
South Carolina – Columbia Airport Road May Be Renamed After Namesake Arrested for Soliciting a Prostitute
Charleston Post and Courier – Seanna Adcox | Published: 8/12/2019
State transportation commissioners will consider removing John Hardee’s name from the Columbia airport connector following their former colleague’s guilty plea on an obstruction charge and subsequent arrest on a prostitute solicitation charge. The John N. Hardee Expressway to the Columbia Metropolitan Airport was named in 1999 and opened in 2004, during Hardee’s first of two stints as a South Carolina Department of Transportation (DOT) commissioner. It is among more than 1,000 bridges, interchanges, and stretches of highway statewide that bear the names of local VIPs. Such road naming is done either at legislators’ request or directly by the DOT board.
South Dakota – Audit Finds South Dakota Democratic Party Failed to Report $2.5M in Disbursements to National Committee
Jamestown Sun – Seth Tupper (Rapid City Journal) | Published: 8/21/2019
An audit for the years 2015 and 2016 showed the South Dakota Democratic Party understated disbursements by $2.5 million, received $67,182 worth of contributions from unregistered organizations, and failed to disclose $46,097 worth of debts and obligations. The state Democratic Party ended up serving as a pass-through for money from the Hillary Victory Fund to the Democratic National Committee (DNC). But, according to the audit, the state party did not initially disclose the disbursements it made to the Democratic National Committee. The disbursements were disclosed in later, amended reports to the FEC.
Tennessee – State Officials Launch Probe of Former House Speaker Glen Casada’s Campaign Finances
The Tennessean – Joel Ebert | Published: 8/14/2019
State officials initiated a probe of embattled former House Speaker Glen Casada’s campaign finances. The move by the Tennessee Registry of Election Finance will force Casada to explain and defend how he received and spent campaign money for the first time in his nearly 20-year legislative career. Hank Fincher, a registry member, said the audit was necessary, given news reports about Casada’s spending. He noted how Casada used the state plane on the same day he attended a political event.
Texas – Committee Asks Texas Rangers to Investigate House Speaker’s Meeting with Empower Texans
Fort Worth Star-Telegram – Tessa Weinberg | Published: 8/12/2019
The House General Investigating Committee unanimously voted to request the Texas Rangers Public Integrity Unit conduct an investigation into allegations of a quid pro quo offer made by House Speaker Dennis Bonnen. The allegations surrounding Bonnen were raised recently by Michael Quinn Sullivan, the chief executive of the conservative political advocacy group Empower Texans. They revolve around a June meeting between Sullivan, Bonnen, and GOP Caucus Chairperson Dustin Burrows. Sullivan claims that during the meeting, Bonnen offered long sought-after press credentials for the organization’s news site in exchange for Empower Texans’ clout to go against 10 Republican incumbents during their re-election campaigns. Sullivan later revealed he secretly recorded the meeting, and those who have listened to it have said it largely supported Sullivan’s accusations.
Utah – A Draper Council Candidate Was Booted from the Race After Missing a Filing Deadline by One Minute. Now He Says the City’s Clock Was Wrong – and an Official Misstated the Deadline.
Salt Lake Tribune – Erin Alberti | Published: 8/19/2019
Hubert Huh was booted from the recent primary election for Draper City Council after officials said he was one minute late to make a campaign filing. Now, Huh is suing the city, saying the clock in their administrative office was more than two minutes fast, and the city recorder provided the wrong date in a notification of the campaign finance disclosure deadline.
Washington – More from the Matt Shea Files: GPS trackers, a ‘provisional government’ and a hunt for moles
Spokane Spokesman-Review – Chad Sokol | Published: 8/19/2019
Washington Rep. Matt Shea used the phrase “Resistance to tyranny is obedience to God” repeatedly in emails to his associates on the far right, including militia members who took part in the armed standoff at an Oregon wildlife refuge. Critics fear that Shea, an Army combat veteran, is justifying violence. In addition to running “background checks” on liberal activists and supporting military-style training for boys and young men, Shea has in recent years sought to purchase GPS tracking devices, compiled dossiers on local progressive leaders, and kept a blacklist of suspected informants in his network. Shea also distributed a list that purported to include the names and phone numbers of every law enforcement officer working in Washington state, saying it would help to “confirm or deny legitimacy” of investigators who made contact.
Washington DC – ‘It’s Disgraceful’: Pressure grows on Metro board member over role in Evans probe
Washington Post – Peter Jamison, Robert McCartney, and Fenit Nirappil | Published: 8/21/2019
Pressure is mounting on Corbett Price, the District of Columbia’s second voting board representative on the Washington Metropolitan Area Transit Authority, to resign after allegations he leaned on the agency’s staff and took other steps to conceal an ethics violation by council member and former board member Jack Evans. An agency investigation found Evans failed to disclose a conflict-of-interest arising from his private consulting work for the city’s largest parking company. Records of the probe state both Evans and Price, in addition to falsely stating that Evans was cleared of wrongdoing, badgered the authority’s general counsel and maneuvered in other ways to prevent the findings from becoming public. Those allegations may have been a tipping point for some council members who did not support an earlier effort to remove Price from the board.
West Virginia – Lawmakers Call for Ethics Reform to Deal with Billionaire Resort-Owning Governor
ProPublica – Ken Ward Jr. (Charleston Gazette-Mail) | Published: 8/21/2019
West Virginia lawmakers are calling for a thorough reexamination of the state’s ethics rules following a media investigation of the conflicts-of-interest created by Gov. Jim Justice’s ownership of The Greenbrier resort. The Charleston Gazette-Mail and ProPublica found that, despite what the Justice administration called a “moratorium” on state spending at The Greenbrier, government agencies paid for more than $106,000 in meals and lodging at the luxury resort since Justice became governor. “He appears to be using public office for private gain,” said Sen. William Ihlenfeld. “I think the law can be beefed up to prevent this kind of thing.”
August 16, 2019 •
News You Can Use Digest – August 16, 2019
National/Federal At Def Con, Hackers and Lawmakers Came Together to Examine Holes in Election Security Seattle Times – Taylor Telford (Washington Post) | Published: 8/12/2019 Hackers came had come to the DefCon computer security conference for a chance to probe voting […]
National/Federal
At Def Con, Hackers and Lawmakers Came Together to Examine Holes in Election Security
Seattle Times – Taylor Telford (Washington Post) | Published: 8/12/2019
Hackers came had come to the DefCon computer security conference for a chance to probe voting machines used in U.S. elections. Def Con’s Voting Village, and the conference at large, has become a destination not only for hackers but also for lawmakers and members of the intelligence community trying to understand the flaws in the election system that allowed Russian hackers to intervene in the 2016 election and that could be exploited again in 2020. Harri Hursti, one of the event’s organizers, said almost all of the machines at the conference were still used in elections despite having well-known vulnerabilities that have been more or less ignored by the companies that sell them.
Donor with Deep Ukraine Ties Lent $500,000 to Biden’s Brother
Politico – Ben Schreckinger | Published: 8/15/2018
A donor with deep ties to Ukraine loaned Joe Biden’s younger brother $500, 000 at the same time the then-vice president oversaw U.S. policy toward the country. The 2015 loan came as Biden’s brother faced financial difficulties related to his acquisition of a multimillion-dollar vacation home, nicknamed “the Biden Bungalow,” in South Florida. There is no indication that the loan influenced Joe Biden’s official actions, but it furthers a decades-long pattern by which relatives of the former vice president have leaned on his political allies for money and otherwise benefited financially from the Biden name.
Hickenlooper Drops Presidential Bid, Says He’ll Give ‘Serious Thought’ to a Senate Run
Roll Call – Griffin Connolly | Published: 8/15/2019
Former Colorado Gov. John Hickenlooper ended his campaign for the 2020 Democratic presidential nomination and said he will consider a run against U.S. Sen. Cory Gardner in a battleground state that Democrats need to win to take control of the chamber. Hickenlooper, who espouses a tempered brand of liberal politics, failed to gain much national traction in his presidential bid. By the time he dropped out, he was not on pace to reach the 130,000-donor benchmark to qualify for the next presidential debates. If he enters the Senate race, Hickenlooper will become the immediate front-runner in a Democratic primary field that already has 12 candidates.
How a Trump Ally Tested the Boundaries of Washington’s Influence Game
MSN – Kenneth Vogel (New York Times) | Published: 8/13/2019
Elliot Broidy, who after having been shunned by some Republicans in the wake of his 2009 guilty plea to giving nearly $1 million in illegal gifts to New York State officials to help land a $250 million investment from the state’s pension fund, had worked himself into Donald Trump’s inner circle as a top fundraiser for his 2016 campaign and inauguration. The stature he suddenly assumed when Trump won the election allowed him to position himself as a premier broker of influence and access to the new administration. In the process, his international business came to overlap with his efforts to influence government policy in ways that have now made him the subject of an intensifying federal investigation. Broidy’s ascent was also further evidence of how Trump came to rely on people whose backgrounds and activities would have raised red flags in other campaigns and administrations.
‘If You’re a Good Worker, Papers Don’t Matter’: How a Trump construction crew has relied on immigrants without legal status
MSN – Joshua Partlow and David Fahrenthold (Washington Post) | Published: 8/9/2019
For years, a roving crew of Latin American employees has worked at Trump Organization properties throughout the country. Their ranks included workers who entered the United States illegally, according to two former members of the crew. Another employee, still with the company, said that remains true today. The hiring practices are the latest example of the chasm between President Trump’s derisive rhetoric about immigrants and his company’s long-standing reliance on workers who cross the border illegally. It also raises questions about how fully the Trump Organization has followed through on its pledge to more carefully scrutinize the legal status of its workers, even as the administration launched a massive raid of undocumented immigrants, arresting about 680 people in Mississippi recently.
Interior Centralizes Ethics Reviews After Recent High-Profile Probes
The Hill – Rebecca Beitsch | Published: 8/14/2019
The Department of the Interior will be centralizing ethics reviews across its many agencies at its headquarters, following years of ethics investigations centered on many of the department’s top staff. Ethics officials at the Bureau of Land Management, the National Park Service, and others will report to ethics officials based at Interior’s headquarters rather than agency directors. Scott de le Vega, director of Interior’s Departmental Ethics Office, said the change was designed to ensure department’s 70,000 employees are getting consistent ethics advice regardless of which branch of the department they serve. But ethics officials who reviewed the plan criticized its broad focus on all agency employees rather than the high-level officials currently being investigated for ethical lapses.
Lobbyists Race to Cash in on Cannabis Boom
The Hill – Alex Gangitano | Published: 8/11/2019
Lobbying firms are taking advantage of the cannabis boom as a number of bills on the industry move through Congress and state Legislatures. As businesses look for help dealing with new legislative and regulatory challenges, K Street is rushing to capitalize, highlighted by the highest-grossing firm, Brownstein Hyatt Farber Schreck, launching a new “Cannabis and Industrial Hemp Industry Group.”
Trial of Former Obama White House Counsel Gregory Craig Highlights Crackdown on Foreign-Influence Industry
Washington Post – Spencer Hsu | Published: 8/12/2019
In charging one of Washington, D.C.’s most prominent attorneys, Gregory Craig, with lying in connection with his work for the Ukraine government at a leading law firm, the Justice Department signaled a new era for the Foreign Agents Registration Act, a once nearly dormant law that since 2017 has been invoked in more than 20 federal prosecutions aimed at combating foreign interference in U.S. politics. The charge against Craig stems from his alleged public relations work, rather than lobbying, while with the law firm Skadden, Arps, Slate, Meagher & Flom. He is accused not of failing to register as a foreign agent under the law, but with lying and withholding information from Justice officials seeking to determine whether he was required to register.
Trump’s Opponents Want to Name His Big Donors. His Supporters Say It’s Harassment.
MSN – Katie Rogers and Annie Karni (New York Times) | Published: 8/9/2019
Calling out the people who fund campaigns is not a new tactic in politics, but the question of how much should be publicly disclosed about those donors has been an issue that Republicans have repeatedly raised in recent years. While the U.S. Supreme Court ruled in the Citizens United case to uphold public disclosure, with Justice Antonin Scalia arguing later that without such revelation “democracy is doomed,” Republicans and wealthy allies have argued it results in donor harassment and has a chilling effect on free speech. The Supreme Court’s support for campaign finance disclosure laws has a built-in exemption for people who can show a realistic threat of harassment, and the renewed scrutiny on contributors to President Trump has also raised questions about what qualifies as donor harassment and who is entitled to privacy.
Canada
Canada – Trudeau Breached Conflict of Interest Act, Says Ethics Commissioner
Canada.com; Canadian Press – | Published: 8/14/2019
Canada’s ethics commissioner, Mario Dion, found Prime Minister Justin Trudeau violated the Conflict of Interest Act by improperly pressuring former Attorney General Jody Wilson-Raybould to halt the criminal prosecution of SNC-Lavalin. Dion said Trudeau’s attempts to influence Wilson-Raybould on the matter violated the law that prohibits public office holders from using their position to try to influence a decision that would improperly further the private interests of a third party. Dion found little doubt that SNC-Lavalin would have benefited had Trudeau succeeded in convincing Wilson-Raybould to overturn a decision by the director of public prosecutions, who had refused to invite the engineering giant to negotiate a remediation agreement in order to avoid a criminal prosecution on fraud charges related to contracts in Libya.
From the States and Municipalities
Alabama – Alabama Ethics Commission Says Airport Authority Employees Fall Under Ethics Law
AL.com – Mike Cason | Published: 8/7/2019
The Alabama Ethics Commission adopted an advisory opinion that employees of airport authorities are public employees and therefore subject to the state ethics law. Attorneys for the Birmingham and Huntsville airport authorities told the Ethics Commission that airport workers are not public employees because they are paid with funds generated by the airports, not with state, county, or municipal funds. The commission concluded otherwise. According to the opinion, the fees airport authorities collect from airlines, concessionaires, and other users of airport property are considered “state, county, or municipal funds” because the Legislature grants the authorities the ability to collect those fees for a specific public purpose.
Florida – Amid Misconduct Inquiry, NRA Lobbyist Marion Hammer Says She’s Not a Lobbyist
Florida Bulldog – Dan Christensen | Published: 8/15/2019
When is a registered lobbyist not a lobbyist in Florida? If powerful National Rifle Association (NRA) lobbyist Marion Hammer gets her way, it is when she says so. Hammer has been the NRA’s Florida lobbyist since at least2006, yet despite being paid handsomely – $270,000 last year alone – she has not filed with the Florida Senate any of the required quarterly compensation reports. Sen. Perry Thurston and Rep. Anna Eskamani filed formal complaints with the state ethics commission and Senate and House oversight authorities seeking investigations. Thurston has said Hammer “was indicating that she was a consultant and not a lobbyist” and therefore was not required to file lobbyist compensation reports.
Florida – Disney World Offers Florida Politicians a Sneak Peek at Star Wars Attraction, Spawning Ethics Questions
Orlando Sentinel – Steven Lemongello and Ryan Gillespie | Published: 8/15/2019
Walt Disney World invited state lawmakers and other officeholders to a “community leader preview” for its Star Wars: Galaxy’s Edge attraction. It is the hottest ticket in town not yet available to the general public. The event at Disney’s Hollywood Studios is not free, with invitees needing to pay $170, plus $25 parking, to attend the three-hour preview. State ethics laws are strict about what public officials and employees can accept, stating they cannot “solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that [their] vote, official action, or judgment … would be influenced thereby.” Disney spent $28 million on state elections during the 2018 cycle and lawmakers have dealt with numerous issues related to Disney. County and city officials also deal with Disney on a regular basis.
Florida – Florida’s ‘Broken’ Legislature: ‘Session too quick, term limits too short and lawmakers paid too little’
Orlando Sentinel – Steven Lemongello | Published: 8/12/2019
Critics have asked why Florida’s Legislature operates the way it does. It has one of the nation’s shortest sessions despite being the third-largest state, and some of the strictest term limits. Special sessions are generally rare, and the result is what Rep. Carlos Guillermo Smith calls “a mad dash to sine die, with bills rushed through without being read and vetted by the public.” Many lawmakers and experts say the status quo is not going anywhere, either because they believe the process is working as intended or voters have no appetite for such reforms or for politicians adding years to their time in Tallahassee.
Florida – ‘No Probable Cause’ Matt Gaetz Violated Florida Bar Rules in Tweets at Michael Cohen
Tampa Bay Times – Steve Contorno | Published: 8/14/2019
U.S. Rep. Matt Gaetz will not face discipline from the Florida Bar for posting menacing messages on social media aimed at President Donald Trump’s lawyer and fixer Michael Cohen. Florida Bar spokesperson Francine Walker said the organization found “no probable cause” that Gaetz violated its rules for lawyers. The House ethics committee is also reviewing the incident.
Indiana – Inspector General OKs Casino Boss’s Private Flights for Gov. Eric Holcomb
Indianapolis Star – Tony Cook | Published: 8/8/2019
Indiana Gov. Eric Holcomb violated no ethics rules when a casino executive treated him to private jet flights last year. The flights in 2018 to Republican Governors Association events in Aspen, Colorado, and Scottsdale, Arizona, were together valued at more than $55,000. They gave Spectacle Entertainment Chief Executive Officer Rod Ratcliff and his business partners hours of exclusive access to Holcomb and his wife at a time when Ratcliff was seeking big changes to the state’s gaming laws that would benefit his company. Indiana Inspector General Lori Torres, who is appointed by Holcomb, determined the governor did not have to disclose the flights as a gift because they were designated as in-kind contributions to the Republican Governors Association, not to Holcomb.
Kentucky – Frankfort Resident Named Executive Director of Ky. Legislative Ethics Commission
State Journal; Staff – | Published: 8/13/2019
Laura Hromyak Hendrix was tapped to serve as executive director of the Kentucky Legislative Ethics Commission following the retirement of John Schaaf. Hendrix, who presently serves as the commission’s legal counsel, will assume the post September 1. the post Sept. 1. “Laura’s knowledge of the ethics law and her legal experience will allow the commission to continue its tradition of advising on and enforcing the ethics laws in a fair and nonpartisan manner,” Commission Chairperson Anthony Wilhoit said.
Kentucky – Jerry Lundergan’s Trial Over Illegal Contributions to Daughter’s Campaign Begins Tuesday
Louisville Courier-Journal – Tom Loftus | Published: 8/12/2019
Jerry Lundergan, a prominent player in Kentucky Democratic Party politics for 40 years, faces trial on charges he conspired to funnel illegal corporate contributions to the campaign of his daughter, Alison Lundergan Grimes, for the U.S. Senate in 2014. Lundergan is also accused of falsifying campaign finance records to conceal what his indictment itemizes were more than $206,000 in services his company provided to Grimes’ campaign. Jurors in the case may hear arguments involving the complexities of campaign finance laws, the practices of how campaigns report contributions and expenses, and the impact of how court rulings have shaken up the world of campaign finance.
Michigan – ‘An Easy Sell’: Inman texts point to PAC dominance in Michigan politics
Detroit News – Jonathan Oosting | Published: 8/8/2019
Michigan Rep. Larry Inman was planning to vote against a controversial initiative to repeal the state’s prevailing wage law when a top House Republican aide shared a dire prediction. Democratic voters would not “come to your side” and “you will shut down any incentive for the big donors to give” to your reelection campaign, Dan Pero, chief of staff to then-House Speaker Tom Leonard, told Inman in a text on the day of the vote. The text messages, disclosed by federal prosecutors as Inman heads toward trial for allegedly trying to sell his vote to a union group opposed to the repeal, highlight the outsized influence interest group donors have on Michigan politics and how PAC contributions can influence legislative votes.
Michigan – Millions Meant for Repairing Michigan Roads Go Back to Trucking Industry
Detroit Free Press – Paul Egan | Published: 8/11/2019
Money from Michigan’s vehicle registration fees – close to $8 million since 2012 – is paid in grants to the Center for Truck Safety, a nonprofit charged with educating truckers and the public. It is an arm of the Michigan Trucking Association, the industry’s lobbying group that has fought efforts to reduce the state’s highest-in-the-nation gross weight limits for trucks. The center shares Lansing office space and has also shared employees with the association. It uses some of the state money to pay the lobbying organization rent, services such as legal advice and personnel management, and payments on a loan. Nearly all of the truck safety center’s officers and directors are also directors of the trucking association and the state briefly cut off funding to the center after finding some state money was being used to pay expenses related not to the safety center, but to the trucking association.
Missouri – Ex-St. Louis County Executive Gets Nearly 4 Years in Prison
AP News – James Saltzer | Published: 8/9/2019
Former St. Louis County Executive Steve Stenger was sentenced to almost four years in prison and fined $250,000 for steering county business to a campaign donor in exchange for thousands of dollars in contributions. Stenger has also surrendered his law and accounting licenses and paid about $130,000 in restitution. Three others also pleaded guilty as part of the scheme – Stenger’s chief of staff, Bill Miller; businessperson John Rallo, who donated to Stenger’s campaign with the expectation his companies would get county contracts; and Sheila Sweeney, whom Stenger appointed as head of the county’s economic development agency.
Missouri – Missouri Police Chiefs Lobbyist Quits After Audit Blasts No-Bid Contract He Helped Secure
St. Louis Post-Dispatch – Jack Suntrup | Published: 8/12/2019
Sheldon Lineback, the longtime lobbyist for the Missouri Police Chiefs Association, canceled his registration with the Missouri Ethics Commission after a state audit criticized his role in a no-bid contract scheme that cost taxpayers $74,000. Auditor Nicole Galloway said former Department of Public Safety Director Drew Juden steered a $58,000 contract to the Missouri Police Chiefs Charitable Foundation, which is associated with the police chiefs association. The contract was for providing fingerprinting equipment to local police departments, a job the Missouri State Highway Patrol had done in the past at no additional cost to the state. The group was allowed to keep $1.25 million in state money, meant for purchasing the equipment, in its coffers for eight months, costing the state approximately $16,000 in interest revenue, and presumably benefiting the nonprofit. Juden is the former president of the Missouri Police Chiefs Association.
Montana – Fed Appeals Court Upholds Montana’s Landmark Campaign-Finance Disclosure Law
AP News – Matt Volz | Published: 8/12/2019
The Ninth U.S. Circuit Court of Appeals upheld a provision of Montana’s campaign finance law, ruling any group distributing material that merely mentions a candidate within 60 days of an election can be required to register with the state and disclose its spending and, in some cases, its donors. The state law requires any group to register and file disclosures once it spends $250 or more on ads or mailers referring to a candidate, political party, or ballot issue within 60 days of an election. That includes organizations registered as nonprofits under section 501(c)4 of the tax law that generally are not required to disclose their donors and spending. The National Association of Gun Rights argued unsuccessfully that the U.S. Constitution bars states from requiring that kind of disclosure for informational ads, such as the kind it proposed mailing.
New Hampshire – Bipartisan Bill to Create Redistricting Panel Vetoed by New Hampshire Governor
Governing – Kevin Landrigan (Manchester Union Leader) | Published: 8/12/2019
New Hampshire Gov. Chris Sununu vetoed a bill to create an independent commission proposed to come up with the best way to redraw legislative, congressional, and executive council districts after the 2020 elections. Sununu said the measure was well-intentioned but would have an “unaccountable” panel drawing these lines after they were picked by “party bosses.” This plan would allow lawmakers to vote on redistricting maps but would keep them out of the process of drawing them. Instead, maps would be created by a 15-member commission selected from a pool of applicants collected by the secretary of state.
New Hampshire – NH Attorney General: Contributions from limited partnerships, LLPs remain legal in state elections
WMUR – John DiStaso | Published: 8/9/2019
The New Hampshire attorney general’s office cleared the way for candidates for state offices to continue receiving contributions from corporate entities known as limited partnerships and limited liability partnerships. The office responded to a complaint filed against the Friends of Chris Sununu, the governor’s campaign operation, by Granite State Progress. It charged that three contributions to Sununu in 2017 violated a state law that includes donations by partnerships in a list of prohibited contributions. The group said Sununu’s campaign violated the law by accepting the money. Assistant Attorney General Nicholas Chong Yen said the office determined at least nine years ago that it could no longer enforce bans on contributions from partnerships and limited liability partnerships.
New Jersey – Two Unions Secretly Gave $3.6 Million to Phil Murphy’s Group During Millionaires Tax Push
Bergen Record – Ashley Balcerzak | Published: 8/11/2019
Two powerful unions donated a combined $3.6 million to New Jersey Gov. Phil Murphy’s secretive “dark money” nonprofit. The state’s largest teachers’ union, the New Jersey Education Association, wrote a $1 million check in April, a month after Murphy’s 2019 budget announcement the union called “progressive” and “people-focused.” That donation is on top of the $2.5 million the union gave to New Direction New Jersey in 2018. A local branch of the Service Employees International Union pitched in an additional $150,000 in June 2018. Officials with New Direction New Jersey had said it would report who was giving the group money. The nonprofit reversed its pledge later, citing a “toxic political environment,” and refused to name who bankrolled its push to pass Murphy’s priorities.
North Carolina – After El Paso, the ‘Send Her Back’ Chant Echoes to Some as a Prelude to Murder
MSN – Griff Witte (Washington Post) | Published: 8/13/2019
Samar Badwan, a Greenville, North Carolina resident, watched as 8,000 neighbors and fellow citizens jammed an arena to serenade President Trump with chants of “Send her back,” a response to Trump’s insistence that a Muslim, Somali American member of Congress should “go back” to the land of her birth. That visit, and that chant, continues to reverberate loudly in Greenville nearly a month later, particularly for those, like Badwan, who see themselves as targets of a campaign to whip up xenophobia and hate. After the El Paso shootings, in which 22 people were killed by a gunman who parroted Trump’s warnings about an “invasion” of immigrants, the words carry a particularly ominous resonance: as a prelude to murder.
North Dakota – Panel Picks Members of North Dakota Ethics Commission
Grand Forks Herald – John Hageman | Published: 8/8/2019
A committee charged with selecting members of North Dakota’s new state ethics commission finalized its picks, marking a major step toward implementing voter-approved rules against corruption. Their terms will begin September 1. Voters created the commission through a constitutional amendment last year. Despite criticisms of a Republican-backed implementation bill approved by state lawmakers this year, the commission will be able to write rules on transparency, corruption, elections, and lobbying as well as investigate allegations of wrongdoing.
North Dakota – Top North Dakota Officials Unfazed by State Money Awarded to Ethics Commissioner’s Tribal College
Grand Forks Herald – John Hageman | Published: 8/13/2019
North Dakota’s governor and Senate leaders were unfazed that one of their picks for the state’s new ethics commission leads a tribal college that has received more than $2 million in state grants in recent years, which one lawmaker argued is a conflict-of-interest. Cynthia Lindquist, president of the Cankdeska Cikana Community College, was selected as one of five members of the voter-approved ethics commission. Gov. Doug Burgum’s spokesperson said the governor’s office was aware the tribal college had received state dollars but noted it is primarily federally funded.
Oregon – The ACLU Helped Oregon Stay Awash in Campaign Cash. It’s Having Second Thoughts.
Portland Oregonian – Rob Davis | Published: 8/7/2019
The last time Oregon voters were asked whether campaign contributions should be limited, a prominent liberal group was among the most vocally opposed: The American Civil Liberties Union of Oregon. It had an impact. Voters in 2006 said no. Thirteen years later, with a similar measure on campaign donations heading to voters next year at the behest of the state Legislature and Gov. Kate Brown, the ACLU has dropped its absolute opposition to contribution limits. The shift eliminates one major obstacle to ending Oregon’s outlier status as one of five states with no caps on campaign money.
Pennsylvania – Philly’s New Voting Machine Contract in Jeopardy Because Vendor Failed to Disclose Use of Lobbyists, Campaign Contributions
Philadelphia Inquirer – Jonathan Lai | Published: 8/14/2019
Philadelphia City Solicitor Marcel Pratt notified the acting board of elections that Election Systems & Software (ES&S) violated the law by failing to disclose its use of lobbyists and the lobbyists’ campaign contributions to the two city commissioners on the board who selected the company for a contract to provide new voting machines. If the board decides to continue with the contract, ES&S will be liable for a $2.9 million fine, Pratt said, adding that it has agreed to pay the penalty if the contract proceeds. Using lobbyists is not illegal, and Pratt noted ES&S could have disclosed the lobbying and the campaign contributions without being disqualified from the bidding and selection process. The other finalist, Dominion Voting Systems, also did not disclose its use of a lobbyist.
Pennsylvania – Pittsburgh-Area Lobbyist Charged with Defrauding Clients, Forging Grant Documents
WTAE – Bob Mayo | Published: 8/12/2019
Lobbyist Joseph Kuklis, chief executive officer of Wellington Strategies, was charged with running a corrupt organization, theft by deception, forgery, and fraudulent business practices by the Pennsylvania attorney general’s office. The criminal complaint says investigators seized records of Wellington Strategies and allegedly found evidence of forgeries in the trash of Kuklis’s home. Kuklis allegedly falsely represented to nonprofits and businesses that he had obtained state grants for them and forged letters and documents to mislead clients who paid him for his work.
Tennessee – As Tennessee Makes Voter Registration More Difficult, Activists Consider What’s Next
Governing – Matt Vasilogambros (Stateline) | Published: 8/14/2019
Less than a year after a coalition of groups, led by the nonprofit Tennessee Black Voter Project, conducted a statewide voter registration drive that accumulated 91,000 applications, activists face a daunting obstacle: A new state law that seeks to curb mass voter registration efforts by imposing criminal and financial penalties for turning in error-filled forms or failing to register with the state and undergo training. The new Tennessee law has nonprofits and voting rights activists scrambling ahead of the 2020 presidential election, as they attempt to understand new regulations that could lead to thousands of dollars in fines and even jail time.
Tennessee – Lawmakers, Political Groups Owe State $1.9M in Fines for Violating Campaign Finance, Ethics Rules
The Tennessean – Joel Ebert | Published: 8/14/2019
Two Tennessee agencies that serve as watchdogs of elected officials, candidates, and political organizations are owed nearly $1.9 million. The average Tennessean could lose their home, be subject to liens, face collections agencies, or go to jail if tickets or taxes go unpaid. But that is not the case for the candidates, officials, and organizations that have been fined by the Registry of Election Finance and the Tennessee Ethics Commission. Instead, the state’s attorney general is tasked with collecting the two agencies’ unpaid fines.
Tennessee – State Election Registry to Formally Audit Bill Ketron’s Campaign Finance Reports
The Tennessean – Elaina Sauber | Published: 8/14/2019
The Tennessee Registry of Election Finance formally authorized an audit of former state Sen. Bill Ketron and his campaign finance committees. Those include his committee while seeking office as Rutherford County mayor, his state Senate committee, and his PAC. Ketron, who was elected Rutherford County mayor last year, faces $60,000 in unpaid civil penalties. The fines are primarily related to late filings of his campaign finance reports. Ketron and his campaign treasurer are responsible for ensuring campaign finance reports are filed on time. But his campaign treasurer and daughter, Kelsey Ketron, is facing her own financial troubles and possible criminal charges.
Texas – Texas Democrats Sue Over Secret Meeting Between House Speaker Dennis Bonnen, Empower Texans CEO
Dallas News – James Barragan | Published: 8/8/2019
The Texas Democratic Party is suing House Speaker Dennis Bonnen and conservative activist Michael Quinn Sullivan, alleging they created an unregistered PAC and violated other state election laws. The lawsuit stems from a June meeting Sullivan had with Bonnen and Republican Caucus Chairperson Dustin Burrows. In the meeting, Sullivan has said, Bonnen and Burrows offered to give writers at his website, Texas Scorecard, House media credentials in the next legislative session in exchange for Sullivan’s political group targeting 10 GOP incumbents in next year’s primary elections. Sullivan said he rebuffed the offer. But Democrats allege that meeting and any agreements reached in it show a coordinated effort “between political actors intended to influence the election or defeat of specific candidates” and amounts to an unregistered political committee as defined by state law.
Utah – Draper City Council Candidate Booted from Race After Showing Up One Minute Past Filing Deadline
Salt Lake Tribune – Alison Berg | Published: 8/12/2019
When Hubert Huh received a call August 6 from his state representative, Jeffrey Stenquist, reminding him of the 5 p.m. deadline for filing a campaign finance disclosure form, Huh, a Draper City Council candidate, sped as fast as he could to City Hall with his form. Arriving at 5:01 p.m., the city recorder told him he was too late and would be disqualified from the race. The deadline was 5 p.m. Though Huh was only a minute past deadline, Draper spokesperson Maridene Alexander said the city follows the state code strictly, which requires a finance disclosure form be turned into the clerk or recorder’s office by 5 p.m. the day it is due.
Washington – Seattle Politics Without Corporate Money? Council Member Fires Off Long-Shot Proposal
Crosscut – David Kroman | Published: 8/14/2019
In an effort sure to face a bumpy legal road, Seattle City Councilperson Lorena González has drafted legislation aimed at stemming the growing influence of big money donors in municipal elections. The bill would limit how much donors could give to PACs while placing stricter regulations on how foreign money, including donations from U.S. companies with foreign owners, shapes city politics. It would also require PACs to disclose how their money is spent. The three proposals in González’s package share the goal of curbing the effect of money on local elections, a so-far quixotic effort to find gaps in the U.S. Supreme Court’s Citizens United decision, which is credited with opening the floodgates on corporate contributions to elections.
Washington DC – D.C. Lawmaker Jack Evans Fined $20,000 in Ethics Case Involving Outside Work
Washington Post – Fenit Nirappil | Published: 8/8/2019
District of Columbia Councilperson Jack Evans was fined $20,000 by the city’s ethics agency for using government resources and touting his influence as an elected official while soliciting employment from local law firms. The settlement is the latest fallout for the city’s longest-serving lawmaker who has been embroiled in an ethics scandal. Emails that Evans sent from his council office showed he tried to land jobs at law firms in 2015 and 2018. In business proposals, he highlighted an ability to attract private clients as a lawmaker and as board chair of the regional transit agency. The Board of Ethics and Government Accountability determined there was “substantial evidence” Evans’ contact with the law firms violated rules that prohibit the use of government resources for personal reasons and using the prestige of office for private gain.
West Virginia – Welcome to the Greenbrier, the Governor-Owned Luxury Resort Filled with Conflicts of Interest
ProPublica – Ken Ward Jr. (Charleston Gazette-Mail) | Published: 8/15/2019
Ethics officials have said West Virginia laws never contemplated someone like Gov. Jim Justice. With his decision to hold his inauguration ball at The Greenbrier, a palatial resort the governor owns, Justice ushered in a new era of politics in West Virginia, one in which it is hard to tell where the governor’s business interests end, and state government begins. All told, more than $1 million, half of the inaugural fund, went to Justice’s Greenbrier Hotel Corp. The Greenbrier represents only a slice of Justice’s holdings, estimated to be worth as much as $1.5 billion. But the iconic resort’s outsized role in West Virginia politics has made it an unparalleled ethical thicket for the governor.
Wyoming – Wyoming Is Committed to a ‘Citizen Legislature.’ But the Format Can Limit Who Is Able to Participate.
Casper Star-Tribune – Nick Reynolds | Published: 8/12/2019
Wyoming’s citizen Legislature has always been a point of pride, harkening back to a simpler time in the state’s history where government was radically by the people, for the people. According to the National Conference of State Legislatures, just 4 states – Wyoming, Montana, and the Dakotas – boast what can be considered “citizen Legislatures,” keeping the session limits short, the pay low, and legislative staff limited in order to shut out the trappings of big government. For opponents of a per diem raise for lawmakers, this is something worth preserving, both in maintaining the state’s culture of conservatism and by being fiscally prudent. But some believe the concept of the Legislature could use some updating, particularly as its members look less and less like the state they represent.
August 9, 2019 •
News You Can Use Digest – August 9, 2019
National/Federal Campaigns Say They’ll Match Political Contributions. It’s Not Clear How They Would Do That Center for Responsive Politics – Jessica Piper | Published: 8/2/2019 Matching – when campaigns tell donors that their contributions will be equaled or multiplied by an […]
National/Federal
Campaigns Say They’ll Match Political Contributions. It’s Not Clear How They Would Do That
Center for Responsive Politics – Jessica Piper | Published: 8/2/2019
Matching – when campaigns tell donors that their contributions will be equaled or multiplied by an unknown source – has emerged as a relatively common fundraising tool among groups across the political spectrum in recent years. Limited-time matching gives ideological supporters extra incentive to contribute to a campaign they care about. But legal experts say it is hard to see how donation matching could happen given campaign contribution limits. And there are no accountability mechanisms to determine whether campaigns actually follow through with their promises.
Cesar Sayoc Gets 20 Years for Mail-Bomb Spree
Courthouse News Service – Adam Klasfeld | Published: 8/5/2019
Last October, a fanatical devotee of President Donald Trump mailed out bombs to perceived critics, and, prosecutors say, reveled in the national headlines as those attacks terrorized a nation. Defense attorneys attributed Cesar Sayoc’s mail-bomb activity in part to fervor for Trump’s rhetoric. Prosecutors characterized his spree as a “two-week terrorist attack.” In sentencing Cesar Sayoc to 20 years in prison, a federal judge emphasized the need to look closely at both the crimes and their perpetrator. “It is perhaps then not surprising that someone of Mr. Sayoc’s emotionally fragile nature not only became infatuated with a public figure, in this case Donald Trump, but also came to view Mr. Trump’s political opponents as demons who were out to destroy not just Mr. Trump but Mr. Sayoc as well,” said U.S. District Judge Jed Rakoff.
De Blasio Pulled in a Cash Cushion from Unusual Campaign Finance Setup
Politico – Joe Anuta and Sally Goldenberg | Published: 8/7/2019
New York Mayor Bill de Blasio’s struggling presidential campaign benefited from a six-figure boost unavailable to candidates who set up routine exploratory committees and the move has already resulted in formal complaints to the FEC. An analysis found the mayor accepted roughly $234,000 in additional contributions from 37 donors who had already given the maximum permissible amount to his campaign account – $2,800 for a primary race. Those donors went above the federally established limit by giving to two PACs that assisted in the presidential effort but were not governed by the same rules. The extra money helped him explore a run for president without setting up a formal exploratory committee.
DNC Rules Could Expand, Not Shrink, Future Debate Stage
Politico – Zach Montellaro | Published: 8/5/2019
Democratic presidential hopefuls at risk of being elbowed out by the debate rules may have gotten a last-minute reprieve. To reach the stage, candidates have to get two percent in four Democratic National Committee (DNC) -approved polls and have 130,000 unique donors. That is a bar the majority of field has not hit and is not on track to do so. But a DNC memo sent to all the campaigns essentially gives those candidates who miss the September debate more time to qualify for the October debate, which could very well feature more candidates, not fewer.
El Paso Shooting Suspect’s Manifesto Echoes Trump’s Language
MSN – Peter Baker and Michael Shear (New York Times) | Published: 8/4/2019
At campaign rallies before last year’s midterm elections, President Trump repeatedly warned that America was under attack by immigrants heading for the border. “You look at what is marching up, that is an invasion!” he declared at one rally. Nine months later, a 21-year-old white man is accused of opening fire in a Walmart in El Paso, killing 22 people and injuring dozens more after writing a manifesto railing against immigration and announcing that “this attack is a response to the Hispanic invasion of Texas.” The suspect wrote that his views “predate Trump,” as if anticipating the political debate that would follow the carnage. But if Trump did not originally inspire the gunman, he has brought into the mainstream polarizing ideas and people once consigned to the fringes of American society.
House Democrats File Lawsuit to Enforce Subpoena Against McGahn
The Hill – Olivia Beavers, Jacqueline Thomsen, and Morgan Chalfant | Published: 8/7/2019
House Judiciary Committee Chairperson Jerrold Nadler filed a civil lawsuit to enforce a subpoena for testimony from Don McGahn, the former White House counsel who at the Trump administration’s direction defied lawmakers’ request to appear before the committee. Lawyers for Judiciary Committee Democrats described McGahn as both “critical” and the “most important fact witness” before the lawsuit was filed, noting he witnessed key obstruction episodes examined by special counsel Robert Mueller. Those incidents include President Trump ordering McGahn to remove the special counsel in the middle of his investigation, which McGahn refused to do, and Trump directing McGahn to create a false record surrounding the incident.
How Gun Control Groups Are Catching Up to the N.R.A.
MSN – Reid Epstein, Maggie Astor, and Danny Hakim (New York Times) | Published: 8/4/2019
The political momentum in the gun control debate has shifted in the year leading up to the mass shootings in El Paso and Dayton, with gun control advocates taking a more empowered stance and the National Rifle Association (NRA) consumed by internal power struggles. The major gun control organizations, propelled by funding from wealthy supporters and grassroots networks across the country, have helped enact new laws, and, for the first time in 25 years, passed a significant gun control bill in the House. But the NRA’s structural advantages, built over decades and defended by President Trump and congressional Republicans, remain in place. The net effect is a playing field on gun issues that is far more level than it has been since NRA-backed Republicans took over Congress in 1994.
Joaquin Castro Tweeted the Names of Top Trump Donors. Republicans Say It Will Encourage Violence.
Philadelphia Inquirer – Michael Brice-Saddler (Washington Post) | Published: 8/6/2019
The 44 names that U.S. Rep. Joaquin Castro (D-Tex.) tweeted have at least two things in common: they are all constituents in his district, and moreover, they all donated the maximum amount to President Trump’s campaign this year. The congressman and brother of presidential hopeful Julián Castro said the people listed – including retirees, business owners, and other individuals whose names are public record – were “fueling a campaign of hate.” Republican lawmakers and others contended Castro was “targeting” the listed donors by tweeting their names to his thousands of followers; a serious accusation in the aftermath of two mass shootings in El Paso and Dayton that left 31 people dead and many more wounded.
Judge Dismisses 1 of 2 Charges Against Greg Craig
Politico – Josh Gerstein and Theodoric Meyer | Published: 8/6/2019
Greg Craig, a who served as the first White House counsel in the Obama administration, scored a pretrial win as a judge threw out one of two charges in a false-statement case against him stemming from former special counsel Robert Mueller’s investigation. District Court Judge Amy Berman Jackson concluded that a 2013 letter he sent to the Justice Department’s Foreign Agents Registration Act (FARA) office was not part of any formal FARA filing, so could not be the basis for a charge under a law barring false FARA submissions. Despite the defense’s victory on that point, Craig is still set to face a jury trial on another false-statement charge relating to what prosecutors say was an attempt to deceive investigators about his role in promoting a report he prepared on behalf of the Ukrainian government in 2012 about its corruption prosecution of former President Yulia Tymoshenko.
McConnell’s Campaign Locked Out by Twitter for Posting Critic’s Profanity-Laced Video
Louisville Courier-Journal – Ben Tobin and Phillip Bailey | Published: 8/7/2019
After sharing a video of a profanity-laced protest, U.S. Sen. Mitch McConnell’s campaign Twitter account, Team Mitch, has been locked out. Twitter’s policy states that users “may not threaten violence against an individual or a group of people” and the social network prohibits “the glorification of violence.” The video shows a group of protesters gathered outside McConnell’s Louisville home. Black Lives Matter Louisville leader Chanelle Helm is heard on the video mocking McConnell’s recent shoulder injury and saying he “should have broken his little, raggedy, wrinkled-ass neck.” She then yells, “Just stab the m—– f—– in the heart, please.” Someone also yells, “Die!”
Proposed FEC Rule Would Further Constrain Foreign Election Contributions
National Public Radio – Philip Ewing | Published: 8/1/2019
The FEC proposed new rules to outlaw exchanges like the one that took place when a Russian delegation visited Trump Tower in 2016 to offer Donald Trump’s campaign “dirt” on Democrats. Although U.S. law already forbids contributions from foreigners to American political campaigns, President Trump has said the meeting taken by his son, Donald Trump Jr., and others was business as usual and that everybody in politics accepts “opposition research.” There is a difference, though, between material obtained by specialists working for a campaign and information provided by a foreign government, FEC Chairperson Ellen Weintraub says. She restated that distinction earlier this year and the new rule would refine it even more precisely with a written description of what is forbidden.
Puerto Rico Supreme Court Ousts New Governor, and Another Is Sworn In
New York Times – Alejandra Rosa, Patricia Mazzei, and Frances Robles | Published: 8/7/2019
The uneasy calm that had settled over Puerto Rico after huge protests brought down one governor and a second one was installed in his place ended when its Supreme Court ruled the only way to maintain the constitutional order was to swear in the island’s third governor in a week. After the ruling, Pedro Pierluisi, who had filled the position since August 2, stepped down. Wanda Vázquez, the former secretary of justice, took the oath as governor, just the second woman to hold the office. And Puerto Rico was thrust into a new period of political tumult over how long the unpopular Vázquez might remain on the job, and what machinations might be underway to prepare for her possible succession.
The Darkest Money in Washington: Business groups spend more on advocacy and consulting than lobbying
MapLight.org – Andrew Perez, Abigail Luke, and Tim Zelina | Published: 8/6/2019
The IRS has approved thousands of applications for nonprofit status for groups known as 501(c)(6) organizations, which range from the U.S. Chamber of Commerce, which spends more on lobbying than any other trade organization, to the Washington State Society of Anesthesiologists. Their influence has grown since the Supreme Court’s Citizens United decision allowed them to spend directly on politics. The groups spent $535 million on lobbying in 2017 and as much as another $675 million on unregulated efforts to influence public policy. The figures highlight how business interests can exploit loopholes in lobbying rules, which do not cover many staples of modern influence campaigns, such as strategic consulting, media relations, and social media posts, or even the financing of so-called astroturf campaigns.
Trump Judges Face Scrutiny Over President’s Cases
The Hill – Naomi Jagoda and Jacqueline Thomsen | Published: 8/4/2019
Federal judges nominated by President Trump are facing a major public test as they handle cases that involve Trump personally or some of his most controversial policies. New judges are already under pressure to carefully issue rulings as they learn the ropes of the federal judiciary. But three recently appointed District Court judges in the District of Columbia have found themselves and their rulings under a magnifying glass as they deal with cases involving Trump. All three of the Trump-tapped judges have acted as their colleagues on the bench typically do, proceeding cautiously in the recent cases. And while legal experts disagreed over whether the judges are facing additional pressure over their rulings, they agreed there is more attention on the cases, at least in the media.
Canada
Canada – No Criminal Charges in Allegations of Illegal Lobbying by Ford Advisers but OPP Refer Case to Ethics Watchdog
The Globe and Mail – Jim Mahoney | Published: 8/2/2019
The Ontario Provincial Police (OPP) completed its review of allegations of illegal lobbying by advisers to Premier Doug Ford and referred the matter to the province’s ethics watchdog. Investigators launched the review after an independent member of Provincial Parliament, Randy Hillier, alleged he was expelled from the Progressive Conservative caucus in part for raising concerns “of possible illegal and unregistered lobbying by close friends and advisers employed by Premier Ford.” Hillier said Ontario’s ethics laws are lacking and noted the Integrity Commissioner, rather than the OPP, has jurisdiction to investigate alleged misconduct under the Lobbyists Registration Act, which has a maximum penalty of a two-year lobbying ban.
From the States and Municipalities
Arizona – ‘Dark Money’ Expansion Remains on Hold While Court Decides Future of Law
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 8/5/2019
A judge will not let Arizona enforce a law opening the door for more “dark money” in campaigns while it appeals his ruling that the statute is unconstitutional. In a new ruling, Maricopa County Superior Court Judge David Palmer rejected claims by an attorney for the state that it would be too confusing for organizations the Legislature exempted from campaign finance laws in 2017 to now have to obey those laws for the 2020 election. The judge instead sided with attorney Jim Barton, representing the Arizona Advocacy Network that challenged the 2017 law. He told Palmer it would be wrong to run the 2020 election under a law that, at least according to the judge, is unconstitutional.
California – Insurance Commissioner Accepted, Returned More Cash from Insurers Than Previously Known
San Diego Union-Tribune – Jeff McDonald | Published: 7/31/2019
California Insurance Commissioner Ricardo Lara accepted tens of thousands of dollars in additional political contributions from insurers than was previously known, according to a state-mandated campaign filing. The Ricardo Lara for Insurance Commissioner 2022 committee reported that it refunded $83,000 in donations during the six months ending on June 30. Lara was elected state insurance commissioner in November after pledging not to accept campaign funds from insurance companies. Recently he decided to return some $54,000 from insurance executives or their spouses after The San Diego Union-Tribune reported those contributions in early July. Lara also said in the wake of that report he would no longer serve as his own campaign treasurer.
California – Trump Wants to Keep His Tax Returns Private, Asks Courts to Stop California Law
Los Angeles Times – John Myers | Published: 8/6/2019
California’s first-in-the-nation law requiring presidential primary candidates to release their tax returns or be kept off the ballot was challenged in federal court by President Trump, the man who inspired its passage and whose attorneys argued state Democratic leaders had overstepped their constitutional authority. The lawsuit insists California cannot impose limits on ballot access for presidential hopefuls. Legal scholars have offered mixed opinions as to the constitutionality of Senate Bill 27. Some suggested because state Legislatures are given wide berth by the U.S. Constitution in choosing presidential electors, the law could be seen as a logical extension of that power. Others said the law could be thrown out on the same grounds as previous efforts in other states to link a congressional incumbent’s ballot access to how many terms the person had already served in the House.
Colorado – Aurora Lawmakers Unanimously Pass Wide-Reaching City Ethics Law
Sentinel Colorado – Madison Lauterbach | Published: 8/6/2019
Aurora lawmakers unanimously passed an ordinance creating an ethics commission and rules for local elected and select city officials. Prior to the vote, the ordinance would have prohibited city council members and the mayor from accepting gifts valued at more than $75. But Councilperson Charlie Richardson proposed that number be changed to $300 to keep “on the same page with Denver.” The ordinance will create an independent panel of retired judges tasked with investigating ethics complaints. The measure also sets out a variety of rules and standards intended to prevent council members from engaging in conflicts-of-interest.
Colorado – Colorado Approved a National Popular Vote Law. Now It Might Be Repealed.
Beaumont Enterprise – Emily Davies (Washington Post) | Published: 8/2/2019
Just a few months ago, Colorado agreed to radically rethink the way the president is chosen in the United States. The state joined a compact to award its electoral votes to the candidate who wins the national popular vote. The plan would become law if states representing 270 electors join, ensuring the popular vote winner the presidency. (So far, 16 states, representing 196 electors, have joined.) That decision, approved by the state’s Democratic governor in March, prompted a serious backlash that culminated, when activists submitted a petition to repeal the law by referendum in 2020.
Colorado – New State Ethics Commissioner Debra Johnson Previously Investigated for Workplace Misconduct
Colorado Public Radio – Bente Berkeland | Published: 8/5/2019
A recently confirmed member of the Colorado Independent Ethics Commission was investigated in 2016 for workplace harassment, ultimately agreeing to undergo counseling and spend six months away from an office she oversaw to avoid contact with employees who complained about her conduct. The investigation of former Denver Clerk and Recorder Debra Johnson, and the resulting agreement, have not previously been known to the public. The city said there were no records of settlement payments made to Clerk’s office employees who may have complained about Johnson and Johnson now denies she harassed staff, though she apologized to a staff member soon after a complaint was made. “Allegations are allegations until they’re proven otherwise, and they were never proven otherwise,” Johnson said.
Florida – Curbelo’s Campaign and Office Paid $390K to a Friend Who Is Now His Business Partner
Miami Herald – Alex Daugherty | Published: 8/2/2019
During his final two years in office and for several months afterward, former U.S. Rep. Carlos Curbelo paid a Miami dentist and childhood friend with no political experience nearly $400,000 for political consulting, according to recent campaign records. And since losing his seat last November, he has spent thousands of dollars from his leadership PAC – called “What a Country!” – on wine and high-end restaurants. Now, Curbelo’s friend, JP Chavez, is his business partner in a communications and public affairs startup venture called Vocero LLC.
Florida – Former Jacksonville Public Defender Gave Away Guns, Money after Failed Re-election
Florida Times Union – Andew Pantazi | Published: 8/1/2019
After former Jacksonville Public Defender Matt Shirk was ousted from office in 2016, he spent or gave away tens of thousands of dollars on himself and his friends, including handing nine state-owned firearms to a motorcycle club without documentation. A new audit details the repeated ways that Shirk violated state law or policy before and after his failed re-election bid. Public records went missing during his final months in office. In one case, he gave away 10 computers just two days before leaving office. When the computers were recovered, the hard drives had been removed and wiped clean.
Florida – Scott Maddox, Florida’s Former Democratic Chair, Pleads Guilty in Probe
Tampa Bay Times – Dara Kam (News Service of Florida) | Published: 8/6/2019
After reaching a plea deal with federal prosecutors, suspended Tallahassee City Commissioner Scott Maddox admitted guilt to three fraud charges in a “pay-to-play” probe. Under the guilty plea, prosecutors dropped 39 of 42 charges against Maddox, a former Florida Democratic Party chairperson nabbed in a multi-year investigation into city government. Maddox’s longtime aide and former business partner, Paige Carter-Smith, also pleaded guilty to the same three charges as Maddox. Carter-Smith and Maddox admitted to soliciting payments from a ride-sharing company in exchange for favorable actions from the city commission. The court documents show “Company B” paid a Carter-Smith business a total of $30,000 and her businesses paid Maddox approximately $40,000 during the same time period.
Georgia – How a Criminal Investigation in Georgia Set an Ominous Tone for African American Voters
Yahoo News – John Ward | Published: 8/5/2019
Under the direction of Georgia Secretary of State Brian Kemp, Nancy Dennard and 11 of her political allies were arrested and charged with for voter fraud in 2010. To Dennard and her allies, who became known as the Quitman 10+2, the reasons for their arrests were simple. They were black candidates who won an election in the Deep South, upsetting a white-dominated power structure. “They thought they could make an example out of me, and that would kill the spirit of this movement,” said Dennard. Yet the mug shots taken at the jail that first day of African Americans wearing orange jumpsuits would be an enduring image. That perceived threat of organized voter fraud has been used for the past decade by Republicans to enact a series of measures in many states that have made it harder to vote. Kemp had been one of the most aggressive politicians involved in purging voters from the rolls.
Illinois – Illinois Pushes Millions Toward Securing Its Election Systems
Government Technology – Rick Pearson (Chicago Tribune) | Published: 8/5/2019
Three years after Illinois’ voter registration database was infiltrated by Russian hackers, state and local officials are spending millions to upgrade the defenses protecting voters and their ballots leading up to the 2020 election. Efforts to prevent foreign hacking range from hiring Internet security specialists to, in the case of Chicago and Cook County, making plans to buy new polling machines. The breach of the state’s voter database remains the warning sign for election system vulnerability, with national security experts now saying all 50 states had been targeted for Russian intrusion. At least 21 states reported being contacted by addresses associated with Russia, largely by scanning public websites, but Illinois’ data breach was the most significant.
Iowa – The Iowa State Fair Can Make – or Break – a Presidential Candidate
Beaumont Enterprise – Holly Bailey (Washington Post) | Published: 8/6/2019
The Iowa State Fair is a rite of passage for anyone with White House aspirations, a photo op that often serves up funny and weird moments – and sometimes political catastrophe. The 11-day event is a political obstacle course that has been damaging to a number of candidates, establishing a narrative that when set is often hard to shake. It will be especially challenging this year, as candidates struggle to strike the right tone while the nation contends with the aftermath of the shootings in El Paso and Dayton.
Massachusetts – Two City Hall Officials Convicted of Conspiring to Extort Boston Calling Founders
Boston Globe – Maria Cramer | Published: 8/7/2019
Two top aides to Boston Mayor Martin Walsh were convicted of conspiring to extort organizers of the Boston Calling music festival. Kenneth Brissette, the city’s director of tourism, and Timothy Sullivan, chief of intergovernmental affairs, resigned shortly after they were found guilty of strong-arming the festival into hiring union workers in 2014. Federal prosecutors said they leaned on concert organizers to promote Walsh’s political agenda and exploited the organizers’ fear that city officials might shut down the popular event if they failed to comply. Lawyers for Brissette and Sullivan argued the aides had no control over the concert’s permits and prosecutors were criminalizing the ordinary give-and-take of city politics. Legal specialists considered the prosecution novel, pushing against the limits of the Hobbs Act, the federal law that defines extortion.
Michigan – GOP Group Sues to Block Michigan Redistricting Commission
The Hill – Reid Wilson | Published: 7/30/2019
A national Republican group helmed by former Wisconsin Gov. Scott Walker filed a federal lawsuit aimed at blocking a redistricting commission that Michigan voters approved by a wide margin last year. The lawsuit seeks to knock down Proposition 2, which shifted responsibility for redrawing district boundaries from the state Legislature to a citizen commission. The proposition bars anyone who ran for office or worked on political campaigns or as a lobbyist within the last six years from serving on the commission, as well as parents, spouses, and children of those who worked in politics. The suit alleges the exclusionary rules violate First Amendment rights of free speech and 14th Amendment rights to equal protection.
Minnesota – Veterans Charity Under Scrutiny after DOC Official Suspected of Lobbying for Her Husband
St. Paul Pioneer Press – Dave Orrick | Published: 8/3/2019
A Minneapolis nonprofit that aims to help military veterans accused of crimes has come under scrutiny for how it uses taxpayer funds and ties to an embattled former state official. The Veterans Defense Project, which has received nearly $450,000 in state taxpayer funds since 2017, will be the subject of a “special review” by the state legislative auditor. The probe will officially tackle questions that were simmering quietly among some quarters of the Capitol but were thrust into the spotlight when Sarah Walker resigned from her position as deputy commissioner of the Department of Corrections amid an internal probe into whether she was improperly lobbying for the charity. Walker, a longtime lobbyist before she was appointed to the state position in January, is married to Brock Hunter, who co-founded the nonprofit.
Missouri – Stenger Scandal Prompts St. Louis County Council to Block Pensions for Those Convicted of Corruption
St. Louis Public Radio – Chad Davis | Published: 8/6/2019
St. Louis County elected officials and employees who are found guilty of corruption will not be able to collect their pensions. The county council voted unanimously to revoke the pension benefits of those convicted of public corruption such as bribery. Councilperson Tim Fitch said the bill would apply to former County Executive Steve Stenger. The proposal was introduced several weeks after Stenger resigned and pleaded guilty to federal corruption charges.
New York – Assemblyman: ‘Great displeasure’ with ethics probe of alleged rape victim
Albany Times Union – Chris Bragg | Published: 8/7/2019
The former chairperson of the New York Assembly Ethics Committee wrote to state ethics regulators expressing “great displeasure” over their inquiry into Kat Sullivan, an alleged rape victim who lobbied for legislation aiding other child sex abuse victims. The Joint Commission on Public Ethics (JCOPE) has repeatedly contacted Sullivan to get her to register as a lobbyist. With Sullivan refusing, she is now facing a vote by commissioners that would initiate a formal investigation into whether she spent more the more than $5,000 on lobbying in 2018. The investigation could result in Sullivan facing penalties up to $25,000 for each violation. “… This is not the kind of investigative action I intended to be pursued when I voted for the bill that was enacted into law establishing JCOPE,” Assemblyperson Charles Lavine wrote.
New York – When de Blasio’s Daughter Moved, His Security Detail Carried the Futon
New York Times – Jeffrey Mayes and J. David Goodman | Published: 8/7/2019
New York City Mayor Bill de Blasio has spoken extensively about New York being a “tale of two cities,” a place where the privileged had all the advantages, and the working class and poor had none. But for all of his focus on income inequality, his mayoralty has been dogged by questions of whether his personal behavior contradicts his political message. The latest example came as city officials acknowledged that last year the New York Police Department executive protection unit assigned to guard de Blasio and his family helped his daughter move her belongings from an apartment in Brooklyn to Gracie Mansion. Using city resources for personal use is typically a violation of the Conflicts of Interest Law and having police detectives assist in a relative’s move would seem to cross ethical lines, according to Citizens Union Executive Director Betsy Gotbaum.
North Carolina – Former Rep. Rodney Moore Pleads Guilty in Campaign Finance Case, Gets Probation
Charlotte Observer – Jim Morrill | Published: 8/1/2019
Former North Carolina Rep. Rodney Moore, who was indicted on nine felony counts involving false campaign reports, was handed a suspended sentence after pleading guilty to a single count. Moore pleaded guilty to one felony count of making felony false statements under oath. Superior Court Judge Lisa Bell sentenced him to up to five months in prison but suspended the sentence pending his completion of 12 months of unsupervised probation. Moore was indicted on counts involving filing false campaign reports after investigators found he failed to report more than $141,000 in campaign contributions and expenditures. Authorities said he failed to disclose tens of thousands of dollars in political contributions and campaign expenses, including money for movie tickets, dry cleaning, and car washes.
North Carolina – UNC System Head Didn’t List Corporate Board Seats That Paid Millions on Ethics Forms
Charlotte Observer – Nick Ochsner | Published: 8/7/2019
William Roper, the interim president of the University of North Carolina system and former longtime chief executive officer of the UNC Health Care System, failed to disclose his seats on the boards of major corporations between 2011 and 2019, at the same time as those corporations did business with the state, records show. In January, Roper took the helm of the UNC System as interim president. In that same time, Roper has served on the board of directors of DaVita, a company that provides dialysis services. Roper has also been a member of the board of directors of three successor companies in the pharmacy benefits administration industry. None of his corporate board service was disclosed on state ethics forms until recently, when Roper filed amended forms in response to an inquiry from reporters.
Oregon – Paid Ballots and More Disclosure Are Coming to Oregon Elections
Oregon Public Broadcasting – Dirk VanderHart | Published: 8/2/2019
Gov. Kate Brown ensured that Oregonians will be able to mail their ballots for free in elections beginning next year, and that voters could have more information about who is funding political ads. The governor also signed a bill requiring “dark money” groups to disclose large donors, but that provision will not become operative until December 2020. House Bill 2716, which takes effect immediately, requires advertisements supporting or opposing a candidate to disclose who funded them. In the case of ads funded by non-candidate PACs, the bill also requires the disclosure of the top five donors who have contributed at least $10,000 to those groups.
Texas – Anti-Discrimination Official Removed by Council One Month After Racist Posts Surface
Fort Worth Star-Telegram – Luke Ranker | Published: 8/6/2019
The Fort Worth City Council voted to remove Mike Steele from the city’s Human Relations Commission, which he had been a member of since 2015. In July, members of the commission voted to recommend the council remove him after Facebook posts attacking transgender people, Muslims, and immigrants surfaced. The commission is designed to manage issues surrounding racial, religious, or ethnic discrimination in Fort Worth and advise the council on possible changes to city policy. The city’s guidelines for board and commission positions are relaxed, lacking even a social media policy. Beyond avoiding conflicts-of-interest, the expectation is that “those who serve in these positions conduct themselves in a civil manner,” the city said in a statement.
Texas – Ex-Dallas Superintendent Gets 7 Years in Bribery Scheme
Courthouse News Service – David Lee | Published: 8/7/2019
The disgraced former superintendent of the Dallas County Schools bus agency was sentenced to seven years in federal prison for accepting over $3 million in bribes in exchange for awarding $70 million in school bus stop-arm camera contracts that ultimately bankrupted the agency. Rick Sorrells pleaded guilty last year to one count of conspiracy to commit honest services wire fraud. Prosecutors accused Sorrells of spending the money on expensive jewelry, Porsche and Maserati sports cars, trips, and an apartment in New Orleans.
Texas – Texas Faces Turbulent Political Moment
The Hill – Reid Wilson | Published: 8/6/2019
For a quarter century, Texas Republicans have run a ruby-red state, building a conservative bastion where government is limited. Now, the mounting tensions of racially motivated rhetoric, a polarizing president, and Republican infighting have rocked the state’s political leadership. And it may soon face a tipping point brought on by shifting coalitions of voters who want change, in Austin and Washington., D.C. The tumult is creating turnover that has startled even the closest observers of Texas politics.
Washington DC – Metro Reverses Its Decision to Ban Advertisements for Art Exhibition on the Migrant Crisis
Washington Post – Peggy McGlone | Published: 8/6/2019
The Washington Metropolitan Area Transit Authority (WMATA) reversed its decision to reject the advertising campaign for the Phillips Collection’s exhibition, “The Warmth of Other Suns: Stories of Global Displacement.” The WMATA this spring rejected the ad campaign for the 11-week exhibition, which examines global migration. It cited guidelines that prohibit advertisements “intended to influence members of the public regarding an issue on which there are varying opinions” and those “intended to influence public policy.” In 2015, the transit agency adopted guidelines that banned issue-oriented advertisements, as well as those related to religion and politics. The ban has been subject of several lawsuits.
Wyoming – Tribal Leaders Knew of Anti-Regulatory Lobbying Effort, Documents and 2 Council Members Say
Casper Star-Tribune – Chris Aadland and Nick Reynolds | Published: 8/4/2019
Northern Arapaho tribal leaders knew of, and approved, a secretive lobbying effort to defeat legislative attempts to regulate gambling in the state, despite claims that a rogue lobbyist undertook the project without their knowledge. Documents and interviews with those aware of the effort indicate the Northern Arapaho Business Council agreed to fund the creation of a group, the Wyoming Public Policy Center. The lobbying effort aggressively opposed proposals to legalize gambling in Wyoming during the 2019 legislative session to protect its three casinos, the tribe’s most important economic assets. Those proposals were defeated, but lawmakers have since resurrected an attempt at regulating gambling.
August 2, 2019 •
News You Can Use Digest – August 2, 2019
National/Federal Ex-McConnell Staffers Lobbied on Russian-Backed Kentucky Project Politico – Natasha Bertrand and Theodoric Meyer | Published: 7/31/2019 Two former top staffers to Senate Majority Leader Mitch McConnell have lobbied Congress and the Treasury Department on the development of a new […]
National/Federal
Ex-McConnell Staffers Lobbied on Russian-Backed Kentucky Project
Politico – Natasha Bertrand and Theodoric Meyer | Published: 7/31/2019
Two former top staffers to Senate Majority Leader Mitch McConnell have lobbied Congress and the Treasury Department on the development of a new Kentucky aluminum mill backed by the Russian aluminum giant Rusal, according to a new lobbying disclosure. The filing comes as Democrats are pushing the Trump administration to review Rusal’s $200 million investment in the Kentucky project – concerned that the mill will supply the Defense Department – and as McConnell weathers criticism for helping block a congressional effort to stop the investment. The Russian firm was only able to make the investment after it won sanctions relief from penalties the Treasury Department initially imposed in April 2018.
Federal Inquiry of Trump Friend Focused on Foreign Lobbying
MSN – Sharon LaFraniere, Maggie Haberman, William Rashbaum, Ben Protess, and David Kirkpatrick (New York Times) | Published: 7/28/2019
Federal prosecutors are investigating the role of Thomas Barrack, a top campaign fundraiser and close friend of President Trump, and his connections to the foreign lobby. Barrack has been investigated for potentially violating the law requiring people who try to influence American policy or opinion at the direction of foreign governments or entities to disclose their activities to the Justice Department. Questions about Barrack complying with the Foreign Agents Registration Act (FARA) arose during former special counsel Robert Mueller’s investigation into Russian interference in the 2016 election before being referred to the U.S, attorney’s office in Brooklyn. Three former Trump campaign aides charged by Mueller acknowledged violating FARA in their guilty pleas: Paul Manafort, Rick Gates, and Michael Flynn.
Federal Judge Rules IRS Donor Guidance Is Unlawful
The Hill – Naomi Jagoda | Published: 7/30/2019
A federal judge blocked an IRS policy change that stopped nonprofit groups from identifying their big donors on federal disclosure forms. U.S. District Court Judge Brian Morris ruled the agency did not give proper public notice before it stopped requiring social-welfare groups, labor unions, and business associations to identify donors contributing more than $5,000. Republicans argue the guidance was important to protect taxpayers’ privacy and First Amendment rights. But Democrats have strongly opposed the guidance, arguing it could make it easier for foreign governments to influence U.S. elections through donations to “dark money” groups.
How Fundraisers Convinced Conservatives to Donate $10 Million – Then Kept Almost All of It.
ProPublica – Maggie Severns (Politico) and Derek Willis | Published: 7/26/2019
The Conservative Majority Fund has raised nearly $10 million since 2012 and continues to solicit funds, primarily from thousands of steadfast contributors to conservative causes. But it has made just $48,400 in political contributions to candidates and committees. Its main beneficiaries are the operative Kelley Rogers, who has a history of disputes over allegedly unethical fundraising, and one of the largest conservative fundraising companies, InfoCision, which charged millions of dollars in fundraising fees. The saga of how politically connected fundraisers used one of the nation’s leading conservative organizations as a springboard for fundraising that mainly benefited the fundraisers themselves sheds light on the growing problem of so-called scam PACs, organizations that take advantage of loosened campaign finance laws to reap windfalls for insiders while directing only a small portion of receipts to political advocacy.
It’s Not Just the Russians Anymore as Iranians and Others Turn Up Disinformation Efforts Ahead of 2020 Vote
MSN – Craig Timberg and Tony Romm (Washingtin Post) | Published: 7/25/2019
Twitter has shut down more than 7,000 phony accounts from Iran this year alone. Iran is far from the only nation that has the capacity to wage Russian-style influence operations in the U.S. ahead of next year’s election. That means American voters are likely to be targeted in the coming campaign season by more foreign disinformation than ever before, say those studying such operations. Researchers say it is not often clear exactly who runs these operations, whether it is the governments themselves or some other actors, but they typically echo the talking points of the ruling powers and back their geopolitical goals through tweets, posts, and online videos. The operations in all these countries, meanwhile, have the means and potentially the motives to seek to influence an American election shaping up as among the most hotly contested in decades.
Low in Cash and Polls, 2020 Democrats Get Creative with Accounting
New York Times – Shane Goldmacher | Published: 7/30/2019
Staff members for a half dozen Democratic presidential candidates did not receive their final June paycheck that month. Instead, their campaigns nudged payday into July, an accounting maneuver that obscured payroll costs and temporarily made it look like candidates had more cash on hand than they did. That does not violate campaign laws, but it is a symptom of the high stakes of the 2020 money race and a crowded field with some candidates struggling to stay alive ahead of the second round of debates. In a presidential primary with many Democratic hopefuls competing for campaign money, a candidate’s viability is often judged by donors, the news media, and even rivals with a cursory look at campaign balance sheets.
Meet the Man Who Created the Fake Presidential Seal – a Former Republican Fed Up with Trump
MSN – Reis Thebault and Michael Brice-Saddler (Washington Post) | Published: 7/25/2019
Graphic designer Charles Leazott used to be a proud Republican. But he felt Donald Trump’s GOP was no longer his party. So, he created a mock presidential seal to prove his point. He substituted the arrows in the eagle’s claw for a set of golf clubs, a nod to the new president’s favorite pastime. In the other set of talons, he swapped the olive branch for a wad of cash and replaced the United States’ Latin motto with a Spanish insult. Then is inserted a two-headed imperial bird lifted straight from the Russian coat of arms. The seal was not meant for a wide audience. But then, years later, it wound up stretched across a huge screen behind an unwitting President Trump as he spoke to a conference packed with hundreds of his young supporters.
Republicans Rattled After Surge of Retirements
Politico – Melanie Zanona | Published: 7/31/2019
The House GOP caucus has been hit by a wave of retirements over the past few weeks, but some Republicans fear the worst is yet to come. With the GOP relegated to the minority for the first time in eight years, a mix of veteran and vulnerable members have decided to call it quits instead of sticking around to see whether the party wins back power in 2020. Most of the seats being vacated thus far are in solidly red districts, which Republicans will have no problems keeping. But at least two of the races have become more competitive in the wake of the retirement announcements, and more vulnerable members could jump ship if they do not want to duke it out another term, especially if they are pessimistic about the GOP’s prospects.
Should Regulators Let Jet-Setting Tom Price Use Campaign Cash for Nonprofit Travel and Expenses?
Center for Public Integrity – Laura Zornosa | Published: 7/25/2019
Former U.S. Health and Human Services Secretary Tom Price resigned in 2017 amid criticism of his taxpayer-funded private charter flights. Now, Price wants the FEC to allow his new nonprofit group to use $1.7 million worth of leftover campaign money from his old congressional committee, a move that would create a path for former congressional candidates to transfer surplus campaign cash to 501(c)(4) “social welfare” groups, a type of nonprofit that operates with fewer restrictions than charities, though Price’s lawyers promise the group would not pay salaries to Price or his family members or use the money for political purposes.
Socialism Goes Local: DSA candidates are winning in big cities
Governing – Alan Greenblatt | Published: 7/24/2019
Around the country this year, democratic socialists and other ultra-left candidates have met with success in city council races. Several such candidates have already won seats in Chicago and Denver, while others are running this fall in Los Angeles and San Francisco. In Seattle, Kshama Sawant, a member of Socialist Alternative, which is a democratic socialist party, is seeking reelection to the city council against concerted opposition from business groups. These candidates do not all hold the same positions, but they are at the leading edge of a trend. As in national politics, local candidates on the left, including many mainstream Democrats, are moving further left.
Texts, Sex, Lies and Corruption: Here’s what has forced governors out of office
New York Times – Adeel Hassan | Published: 7/25/2019
Gov. Ricardo Rosselló of Puerto Rico announced his resignation after an uprising and looming impeachment proceedings had derailed his administration. Though residents said they were fed up by years of corruption, the tipping point proved to be the publication of hundreds of pages of crass and often profane chat messages among Rosselló and 11 men in his inner circle. The texts confirmed what many Puerto Ricans thought, that they held disdain for the public. The vast majority of governors in the U.S. fulfill their terms, though many have resigned to take a cabinet position, or to join the Senate. Since World War II, two have left governor’s mansions to move to the White House. But a few have met ignominious ends in office.
The Job of Campaigning Is Extremely Family-Unfriendly
The Atlantic – Joe Pinsker | Published: 7/27/2019
The FEC ruled that M. J. Hegar, a Democratic candidate for the U.S. Senate from Texas, can spend campaign funds on child care for her two kids while she is running for office. The ruling builds on the FEC’s determination that Liuba Grechen Shirley, who at the time was running for a House seat in New York, could do the same. Campaign finance laws prohibit candidates from drawing from their own political funds for “personal use,” and legally, it was not clear whether child-care expenses associated with campaigning fell under that category. Now, whether candidates have to take on child-care costs in order to run (as Grechen Shirley did) or keep paying for child care as they already had been (as is the case with Hegar), they can cover those expenses knowing they are not running afoul of federal regulations.
Top House Lawyer Takes Center Stage in Legal Battles Against Trump
Politico – Andrew Desiderio and Kyle Cheney | Published: 7/31/2019
U.S. Reps. Jerry Nadler and Adam Schiff are the public faces of the House Democrats’ battles with Donald Trump, appearing on television regularly to harangue the president for his resistance to their investigations. But the job of fighting the president in federal court – and, lately, winning – has been left to a lesser-known figure: House General Counsel Douglas Letter. Last year, Speaker Nancy Pelosi asked him to take on a new and unfamiliar role as the guardian of congressional power. What Letter may not have realized when he took the job was that he would find himself in the vanguard of an unprecedented constitutional power struggle between House Democrats, who are weighing whether to impeach Trump, and a litigious president blocking congressional oversight in an unprecedented way.
Trump Fundraiser Thomas Barrack Jr. Lobbied for Saudi Nuclear Deal, New Report Alleges
USA Today – Deirdre Shesgreen | Published: 7/29/2019
The Trump administration’s move to sell sensitive nuclear technology to Saudi Arabia took shape even before the president took office and was championed by Trump’s longtime personal friend and fundraiser, Thomas Barrack Jr., according to a new report by congressional Democrats. The report details how Barrack used his personal connections to the president and other Trump administration officials to win support for the controversial Saudi nuclear deal, at the same time he was seeking funding from the Saudis and the United Arab Emirates for a bid to purchase Westinghouse Electric Company, the only U.S. manufacturer of large-scale nuclear reactors.
From the States and Municipalities
Arizona – Arizona State Senator Criticized for Remarks on Immigrants, Birthrates of Hispanic Women
Arizona Republic – Kyra Haas | Published: 7/26/2019
Arizona Sen. Sylvia Allen is facing criticism following recent comments she made about immigration, white birth rates, and the “browning” of America. During a speech to Republicans, Allen said America would “look like South American countries very quickly” and warned immigrants were “flooding” the United States at a rate that did not allow for them to “learn the principles of our country.” In her comments, Allen noted declining white birth rates compared to Hispanic birth rates, saying it was an issue “because of immigration.” She referred to a “browning of America,” a term she attributed to a well-known demographer, though he is not critical of immigration in his research.
California – California Insurance Commissioner Met with CEO Who Has Cases Pending Before His Department
Sacramento Bee – Hannah Wylie | Published: 7/29/2019
California Insurance Commissioner Ricardo Lara, under fire for accepting campaign contributions from insurance executives and their spouses, has yet to release his office calendars in response to public requests. But Lara acknowledged he did meet with an executive whose company has multiple complaints against it in cases before his department. Lara said he met with Steven Menzies, who heads Applied Underwriters, a workers’ compensation agency that the department formerly settled with for “bait and switch” marketing tactics in 2017. Berkshire Hathaway is in the process of selling the company, a sale Lara must approve. Lara, who was serving as his own campaign treasurer, accepted $46,500 in donations to his 2022 reelection campaign in April from out-of-state executives with ties to the company.
California – Sitting Judge Who Promoted His Candidacy for Calif. Attorney General Barred from Bench
San Francisco Chronicle – Bob Egelko | Published: 7/31/2019
The California Supreme Court rejected an appeal by Steven Bailey, the former judge who ran for state attorney general last year and then was permanently barred from returning to the bench by a state commission because he used his judicial position to promote his political campaign. Bailey, a former Superior Court judge, argued the Commission on Judicial Performance violated his freedom of speech by enforcing rules that prohibit judges from using their positions to run for non-judicial office. The commission disagreed, and the state’s high court, which has the last word on judicial discipline in California, denied review of his appeal without comment.
California – Trump’s Tax Returns Required Under New California Election Law
Los Angeles Times – John Myers | Published: 7/30/2019
President Trump will be ineligible for California’s primary ballot next year unless he discloses his tax returns under a state law that immediately took effect, an unprecedented mandate that is almost certain to spark a court fight and might encourage other states to adopt their own unconventional rules for presidential candidates. The law requires all presidential candidates to submit five years of income tax filings. State elections officials will post the financial documents online, although certain private information must first be redacted.
Florida – Ethics Complaint Filed Against CFO Jimmy Patronis for Releasing Harassment Allegation
Tampa Bay Times – Lawrence Mower | Published: 7/26/2019
An activist is asking for an investigation into Florida Chief Financial Officer Jimmy Patronis for releasing an ethics complaint in a possible violation of state law. Emma Collum, an attorney and president of Women’s March Florida, filed the complaint with the state Commission on Ethics. Patronis sent to the media a redacted copy of a woman’s sexual harassment complaint against former Office of Financial Regulation Commissioner Ronald Rubin, along with a request for Rubin to resign. The complaint form was marked “confidential and exempt” under state law, citing a statute that requires employee complaints to remain secret until they’re investigated. Breaking it is a first-degree misdemeanor, punishable by up to a year in jail.
Florida – Modified Sentences and ‘Rocket Dockets’ Aim to Ensure Felons Can Still Register to Vote
Washington Post – Lori Rozsa | Published: 7/30/2019
Florida judges and prosecutors are working with felons and public defenders to find ways to register former inmates to vote, a process approved by voters last year that Republican legislators have made more difficult. To work around a law passed in the spring, which requires individuals to pay all fines, fees, and restitution before they can register, court officials in cities such as Miami and Tampa are modifying sentences and making plans to allow some debts to be converted to community service. In smaller towns, volunteers are holding fundraisers to pay off penalties for residents. Voting rights activists applaud these efforts are worried a patchwork of changes may confound hundreds of thousands of potential voters in the months leading up to the state’s March 17 presidential primary.
Florida – Suspended Commissioner Scott Maddox to Plead Guilty to Some Charges in Public Corruption Case
Tallahassee Democrat – Jeff Burlew | Published: 7/31/2019
Scott Maddox, whose long political career in Tallahassee came crashing down after his indictment on public corruption charges, is expected to plead guilty to some of the counts against him. Attorneys for the suspended city commissioner and former mayor filed a notice that both he and his close friend Paige Carter-Smith will change their pleas. It is a major development in the federal government’s long-running investigation into public corruption in Tallahassee and a possible signal that Maddox and Carter-Smith are cooperating with authorities to try to get their sentences reduced. If they are cooperating, it is possible the FBI and prosecutors are using their help to build cases against other prominent politicians and businesspeople.
Hawaii – The Kealoha Corruption Case Cost These Two Investigators More Than Their Jobs
Honolulu Civil Beat – Nick Grube | Published: 7/30/2019
Honolulu Ethics Commission Executive Director Chuck Totto and Letha DeCaires, a former police officer who was working for the commission, expected a backlash from their investigation of then-Police Chief Louis Kealoha and his wife, who was a city prosecutor. They were a politically connected power couple that had access to every level of Honolulu law enforcement. There was outside pressure from Honolulu Mayor Kirk Caldwell’s administration, and Totto and DeCairs were ousted from their jobs after their commission, which was supposed to support their review of the Kealohas, turned on them. They also faced a lawsuit that targeted them both professionally and personally.
Illinois – How Will Mayor Lori Lightfoot’s Ethics Rules Affect Aldermen Like Edward Burke? It’s Not Entirely Clear.
Chicago Tribune – Gregory Pratt, John Byrne, and Juan Perez, Jr. | Published: 7/26/2019
The ethics ordinance passed by the city council recently that further restricts the outside work aldermen can do was seen as a signature win for Chicago Mayor Lori Lightfoot’s reform agenda. But it is not yet clear how the ordinance will play out or how the new limits on private employment will affect aldermen like Edward Burke, who has long had a lucrative sideline as a property tax attorney. One question that might need to be addressed is whether council members like Burke, whose involvement with a law firm largely prompted the provision, need to fully divest themselves of their ownership stake in their firm, or whether they could comply with the law by not working on cases that create conflicts with the city and also refrain from taking money from the firm’s work on those cases.
Illinois – Politically Connected Ex-Teamsters Boss Pleads Guilty to Extorting Chicago Film Studio, Agrees to Cooperate
Chicago Tribune – Jason Meisner | Published: 7/30/2019
Longtime Chicago union boss John Coli Sr. does not seem like the type to cooperate with authorities. A politically connected fixture in the Teamsters, has dodged controversy for years, from suspicious appointments to state boards to allegations of organized crime ties, often accusing his accusers of using overzealous investigative tactics. But In pleading guilty to corruption charges stemming from an extortion scheme, Coli agreed to cooperate with federal authorities in any ongoing investigations, including “complete and truthful testimony’ in any criminal or civil proceeding. Coli for years used his national position with the Teamsters to hold sway with some of the city and state’s most powerful elected officials.
Iowa – Iowa Restrictions on Lawmaker-to-Lobbyist Revolving Door Praised
The Gazette – James Lynch | Published: 7/25/2019
Iowa is being praised for its restrictions to prevent former state lawmakers from becoming lobbyists for two years after leaving office. Overall, Iowa has the best “revolving-door” policy, with a two-year cooling off period that applies to both legislative and executive officials and staff, and broadly prohibits both “lobbying activity” as well as “lobbying contacts” during the waiting period, according to an analysis of state ethics laws by Public Integrity. The restriction on the lawmaker-to-lobbyist transformation was among ethics changes the state Legislature enacted following a 1990s scandal involving the deposit of local government property tax receipts in an investment scheme known as Iowa Trust.
Minnesota – Complaint: Corrections official lobbied for husband’s group on state time
Minnesota Public Radio – Briana Bierschbach, Brian Bakst, and Nina Moini | Published: 7/25/2019
A top Minnesota prison official who resigned recently had been under investigation for weeks for allegedly lobbying on behalf of her husband’s nonprofit and for leaking private, internal data, according to newly released records. The redacted investigative documents were released by the Department of Corrections after former Deputy Commissioner Sarah Walker suddenly departed from her post to seek “unique opportunities” at the local and national level. Allegations against Walker include leaking of information about a co-worker’s sexual assault by a corrections employee. Investigators were also looking into concerns that Walker lobbied privately for legislation related to her husband’s nonprofit while on state time.
Missouri – Former Missouri Public Safety Director Abused State Contracting Process, Audit Says
Kansas City Star – Crystal Thomas | Published: 7/31/2019
The director of Missouri’s Department of Public Safety under former Gov. Eric Greitens abused the state’s contracting process to award an organization that he was previously affiliated with, according to a state audit. It also found Charles Juden, who served as director from the beginning of 2017 to August of last year, did not claim leave when taking personal trips to Florida to watch the Daytona 500. Before Juden became director, the Missouri Highway Patrol managed fingerprinting technology for local law enforcement agencies at no cost to the state. After he took over, the Missouri Police Chiefs Charitable Foundation was selected to manage the $1.25 million technology contract, at a cost of $58,000. Prior to his appointment, Juden was the foundation’s chairperson, which the audit said posed a “conflict-o- interest.”
Missouri – Northwest Plaza Owners Ask Court to Quash Subpoenas in St. Louis County Council Inquiry
St. Louis Post-Dispatch – Jeremy Kohler | Published: 7/31/2019
The owners of the former Northwest Plaza shopping center in St. Louis filed a lawsuit seeking to block subpoenas issued to them in an inquiry into the county’s lease for office space at their complex. Robert and P. David Glarner, who own the complex, claimed they should not be forced to defend themselves to the county council at a time when federal prosecutors are investigating whether crimes were committed in their dealings with former County Executive Steve Stenger that resulted in a 20-year lease. If the court does not quash the county subpoena outright, the Glarners claimed, it should wait until the conclusion of the federal investigation. The Glarners’ lawsuit also claims the council’s ethics committee lacked authority to compel their cooperation.
Nebraska – Nebraska Lets Legislators Shift from Lawmaking to Lobbying
AP News – Grant Schulte | Published: 7/28/2019
State officials in Nebraska who want to profit off their government experience and connections after leaving office face virtually no obstacles in becoming lobbyists, unlike most other states that bar their leaders from immediately switching role. Nebraska is among seven states with no restrictions on former lawmakers, governors, or other elected officials working to influence their former colleagues, according to the analysis by Public Citizen. The result is clear during the legislative session, when on most days a dozen or so senators-turned-lobbyists gather outside the chamber, ready to talk with lawmakers about bills that could help or hurt their clients.
New Mexico – Legislative Leaders Take Command of Campaign Resources
AP News – Morgan Lee | Published: 7/29/2019
New rules for funneling resources toward political races in New Mexico may provide legislative leaders and political parties with a stronger hand in influencing the outcomes of elections, as Democrats assert their control over the Legislature and key statewide elected offices. The Democratic House speaker and Republican minority leader registered specialized political committees that can command vast resources and make unlimited non-cash contributions to campaigns. The so-called “legislative caucus committees” can collect five times as much cash per donor as other New Mexico political committees.
New York – A Luxury Box at Citi Field, an M.T.A. Contract and $188,000 for Cuomo
New York Times – Emma Fitzsimmons, J. David Goodman, and Augustin Armendarez | Published: 7/28/2019
Since New York Gov. Andrew Cuomo took office in 2011, his campaigns have received more than $3 million from Metropolitan Transportation Authority (MTA) contractors and industry groups that represent them. New York does not limit contributions from contractors that do business with state entities. Donors with ties to the MTA, including board members, their employers, and transit unions, have given another $1.5 million. There is no evidence the MTA awarded contracts as a reward to Cuomo’s donors, but people in the industry see political contributions as important for their business.
New York – Abuse Victim’s 3 Billboards Called for Stronger Laws. Then the State Showed Up.
New York Times – Vivian Wang | Published: 7/31/2019
The New York Joint Commission on Public Ethics (JCOPE) is investigating Kat Sullivan, a sexual abuse survivor, for allegedly lobbying while she was not registered. She took out a billboard ad near the Capitol urging lawmakers to pass the Child Victims Act and set up a website on the issue. Sullivan believed she was using her own time and money to make her voice as an abuse survivor heard. She was shocked when JCOPE afterward told her she faced a fine of more than $40,000 if she did not register. Sullivan’s case is unusual; few unpaid advocates spend more than $5,000 on an issue, the annual threshold for registering in the state. It also illuminates a larger dilemma facing lawmakers across the country: who counts as a lobbyist in the age of social media and renewed grassroots involvement, when it is easier than ever for people to make themselves heard?
New York – Potential Conflicts of Interest the Real Reason Lhota Left the MTA
Politico – Dana Rubenstein | Published: 7/30/2019
When Joe Lhota, the embattled chief executive officer of the Metropolitan Transportation Authority, resigned last fall, he and New York Gov. Andrew Cuomo omitted the real reason for the departure. While Cuomo and Lhota painted the resignation as a natural development in what was always intended to be a limited engagement, Lhota actually quit because the Joint Commission on Public Ethics had deemed him too burdened by potential conflicts-of-interest to continue serving as the head of the country’s biggest transit network. The cause of Lhota’s departure emerged in his resignation letter, which the governor’s office initially declined to provide under the state’s public information law.
North Carolina – Bladen County Political Operative Faces New Perjury, Obstruction of Justice Charges
Raleigh News and Observer – Carli Brosseau, Josh Shaffer, Dan Kane, and Will Doran | Published: 7/30/2019
Leslie McCrae Dowless, a Republican political operative who worked for former congressional candidate Mark Harris, faces felony charges in connection with the 2018 general election in North Carolina. Dowless was previously indicted on charges related to an absentee ballot harvesting operation he allegedly ran in 2016 and during the 2018 primary. North Carolina law allows volunteers and campaign workers to collect absentee ballot request forms, but not the ballots themselves. According to the most recent indictment, Dowless directed his workers to pick up ballots and sometimes to indicate falsely with a signature that they had watched the person cast their vote.
North Carolina – NC Elections Board Chairman Resigns, Apologizes Following Sexist Joke at Convention
Raleigh News and Observer – Will Doran | Published: 7/30/2019
State Board of Elections Chairperson Bob Cordle resigned following reports about a joke he made at a conference with hundreds of elections officials from across North Carolina. Cordle told a lengthy joke about women, sex, and cows that many in the audience found inappropriate. His current tenure on the board has been short but eventful, as it faced issues involving election fraud and voting machines. The board also dismissed the elections director and replaced her.
Oklahoma – Lawmaker’s Firm Reaps Payment to Help Throw Speaker’s Ball
Oklahoma Watch – Trevor Brown | Published: 7/26/2019
A company headed by a Republican House member was paid tens of thousands of dollars to help throw a lavish party in honor of Oklahoma House Speaker Charles McCall, raising conflict-of-interest questions. An Oklahoma Ethics Commission filing shows Poligram, an event planning and management firm founded and run by state Rep. Mike Osburn, was paid $40,000 in operating expenses related to planning the 2019 Oklahoma Speaker’s Ball. The event traditionally attracts lawmakers, lobbyists, business leaders and advocates as they prepare to kick off the legislative session each year. Minority Floor Leader David Perryman said privately funded events that benefit politicians are “rife with the potential for political favor and influence.”
Pennsylvania – Longest-Serving Philly Sheriff Is Sentenced to 5 Years in Prison for $675K Bribery Scheme
Philadelphia Inquirer – Craig McCoy | Published: 8/1/2019
Former Philadelphia Sheriff John Green was sentenced to five years in prison after pleading guilty to selling his office for more than $675,000 in benefits, ranging from a secret job for his wife to a renovated and price-reduced home to hundreds of thousands of dollars in illegal campaign contributions. Prosecutors, who brought a sweeping indictment against Green in 2015, said he essentially had sold the office to secret benefactor James Davis, who Green rewarded with $35 million in contracts to advertise and run the office’s foreclosed property sales, often with nothing in writing. In return, Davis plied the sheriff with bribes and illegal campaign contributions.
Rhode Island – Aponte Pleads No Contest to Embezzlement, Must Resign from City Council
Providence Journal – Katie Mulvaney | Published: 7/29/2019
Providence City Councilperson Luis Aponte admitted to embezzling $13,942 from his campaign account and, in doing so, agreed to resign. He must also file outstanding campaign finance reports within 60 days. Prosecutors said Aponte used the money to pay for personal expenses such as Netflix and XBox Live, iTunes, and cable bills. Councilperson David Salvatore called on his colleagues to pass an ordinance tightening ethics requirements and prohibiting indicted people from holding leadership positions. He noted that Aponte ran for reelection in 2018 while under indictment.
Texas – ‘They Will Have to Resign’: Texas lawmakers allege House Speaker said he’d pull credentials from media outlet
Dallas News – Lauren McGaughy and James Barragan | Published: 8/1/2019
State lawmakers who listened to a conversation that a conservative activist secretly recorded with top GOP leadership said Texas House Speaker Dennis Bonnen suggested he would take floor access away from a credentialed media outlet. Reps. Jonathan Stickland, Steve Toth, and Travis Clardy said they listened to the audio of the meeting between Bonnen, House Republican Caucus Chairperson Dustin Burrows, and Michael Quinn Sullivan of Empower Texans, a group that targets GOP lawmakers it deems not conservative enough. Bonnen said he could strip media credentials from Scott Braddock, editor of the Quorum Report, and give media access to Empower Texans’ writers at its website, the lawmakers said. Sullivan had previously alleged the credentials were offered if Empower Texans agreed to target a list of 10 Republicans the speaker wanted ousted.
Wisconsin – A Wisconsin Lawmaker Who’s Paralyzed Isn’t Allowed to Call into Meetings; He Says That Keeps Him from Doing His Job
Milwaukee Journal Sentinel – Patrick Marley | Published: 7/29/2019
Republicans who control the Wisconsin Assembly will not allow a paralyzed Democratic lawmaker who is in a wheelchair to phone into committee meetings. Rep. Jimmy Anderson said enforcing the rule keeps him from performing his job as well as he should. He said the rule discriminates against him because he has difficulty getting to some meetings because of health reasons. “I think it’s disrespectful for someone to be asking questions over a microphone or a speakerphone when individuals are actually taking the time out of their day to come and testify in person,” Speaker Robin Vos said. Anderson said he is considering suing if Assembly leaders do not change their stance. He is researching whether he would qualify as an employee under the Americans with Disabilities Act since he is a lawmaker, not an employee.
July 26, 2019 •
News You Can Use Digest – July 26, 2019
National/Federal Appeals Court Judges Send Emoluments Suit Against Trump Back to a Lower Court New York Times – Sharon LaFraniere | Published: 7/19/2019 A federal appeals court delivered a setback to a lawsuit by congressional Democrats accusing President Trump of illegally […]
National/Federal
Appeals Court Judges Send Emoluments Suit Against Trump Back to a Lower Court
New York Times – Sharon LaFraniere | Published: 7/19/2019
A federal appeals court delivered a setback to a lawsuit by congressional Democrats accusing President Trump of illegally benefiting from his business interests while in office, saying a lower court judge hearing the suit had not adequately considered questions about the separation of powers between the president and Congress. The order by a three-judge panel is a new sign that Trump will not be forced to produce evidence in lawsuits claiming he has violated the anticorruption clauses of the Constitution until the novel legal questions raised in those cases are resolved. The clauses restrict the ability of federal official to accept benefits, or “emoluments,” from foreign or state governments.
As Vice President, Biden Said Ukraine Should Increase Gas Production. Then His Son Got a Job with a Ukrainian Gas Company.
San Francisco Chronicle – Michael Kranish and David Stern (Washington Post) | Published: 7/22/2019
As Joe Biden announced he was seeking the presidency, his son Hunter quietly left his position with Ukraine’s largest private gas company after serving for five years. From the moment Hunter Biden took the job in 2014, Republicans have said it presented a conflict-of-interest for the Bidens. Joe Biden, then the vice president, was the point person on Ukraine policy in the Obama administration. He offered U.S. aid to Ukraine to increase gas production, which could benefit the Ukrainian energy industry. Now Hunter Biden’s service on the board of Burisma Holdings has emerged as an issue facing his father’s campaign. Just as Trump has faced repeated questions about whether his family has sought to benefit financially from his presidency, a similar focus is being given to Hunter Biden’s dealings.
Associate of Michael Flynn Is Found Guilty of Secretly Lobbying for Turkey
MSN – Adam Goldman (New York Times) | Published: 7/23/2019
A business associate of the former national security adviser Michael Flynn was convicted of secretly lobbying for Turkey, a victory for the government after the judge considered dismissing the case because prosecutors lacked evidence. Judge Anthony Trenga had described the evidence against Flynn’s associate, Bijan Kian, as speculative and very circumstantial but let the case go to the jury. Trenga could still toss the verdict and scheduled a September hearing on the matter. Kian was charged with conspiracy to violate lobbying laws and failure to register as a foreign agent. Flynn’s association with the case was front and center during the trial. He pleaded guilty in a separate case to lying the FBI about his conversations with the Russian ambassador and lying on foreign lobbying disclosure forms related to his own work for Turkey.
Big Donor Steyer’s Presidential Run Could Deny Millions to Other Democratic Races
Reuters – Sharon Bernstein | Published: 7/18/2019
Billionaire Tom Steyer, a longtime friend and key donor to liberal candidates and causes, says he decided to run for the Democratic presidential nomination next year because no other candidate was offering a “mandate for change.” But by deciding to fund his longshot bid with $100 million of his own money, some Democratic activists believe all he will end up doing is denying his money to grassroots organizations and candidates in Senate and House races that Democrats are desperate to win. “Every dollar he spends on himself is a dollar that’s not going into something that can make a difference,” said consultant Steven Maviglio, who worked with Steyer in 2010 to defeat a ballot measure aimed at weakening California’s greenhouse gas emissions law.
Dem Frontrunners Cash in on Slippery Definition of Lobbying
Politico – Theodoric Meyer | Published: 7/19/2019
While a few Democratic presidential candidates have said they will not accept contributions from K Street lobbyists, the Lobbyist Disclosure Act makes that pledge difficult to enforce. Some on K Street were able to donate because they are not registered to lobby, a legal requirement for people who meet criteria such as devoting at least 20 percent of the total time they spend working for each client to lobbying. People who oversee teams of lobbyists or work on corporate advocacy campaigns often do not meet that definition. Others have found it is easy to stay below the 20 percent threshold since they can quickly text or email the lawmakers they hope to influence.
Democratic Presidential Candidates Divided Over Returning Donations from Foreign Government Lobbyists
San Jose Mercury News – Casey Tolan | Published: 7/25/2019
From K Street lobbyists representing Saudi Arabia and Qatar to a radio operator broadcasting a Russian state-run news channel, Americans working on behalf of foreign governments have sent the Democratic presidential candidates tens of thousands of dollars in campaign contributions. As the donations flow in, there is a growing divide among the campaigns about whether to pocket the money or send it back. American citizens who work for a foreign government, political party, or organization in a political capacity are required to register as “foreign agents” with the Department of Justice. There is nothing illegal about them giving money to candidates. But at a time when many Democrats are increasingly worried about foreign influence in the U.S. political system, rejecting the donations is a way for the candidates to shore up their good government bona fides.
Democrats Look to Capitalize on Turmoil Inside NRA
The Hill – Alex Gangitano | Published: 7/23/2019
Democrats and allies are looking to capitalize on turmoil at the National Rifle Association (NRA) ahead of the 2020 presidential election. The NRA has been hit by high-profile departures and a power struggle among its leaders, leading to questions about its role in the upcoming election. The NRA has long dominated the gun control debate in the country and showered its favored candidates with coveted endorsements and funding. But with the organization in transition, Democrats see it is a prime opportunity to push back on the issue of gun violence. Groups pushing for tougher gun rules say they will ramp up their own spending in 2020, building on the midterms, which saw a number of gun control candidates elected.
Emails Show DeVos Aides Pulled Strings for Failing For-Profit Colleges
New York Times – Erica Green and Stacy Cowley | Published: 7/23/2019
Dream Center Education Holdings had no experience in higher education when it petitioned the U.S. Department of Education to let it take over a troubled chain of for-profit trade schools. The purchase was approved despite Dream Center’s lack of experience and questionable finances by an administration favorable to for-profit education. But barely a year later, the company tumbled into insolvency and dozens of its colleges closed abruptly. The college is accused of enrolling new students and taking their taxpayer-supported financial aid dollars even after some of its campuses had lost their accreditation. Company records show part of why Dream Center kept going is that it thought the Education Department would try to keep it from failing. Emails said the department’s head of higher education policy had pulled strings to help the company’s schools in their effort to regain a seal of approval from an accreditor.
EPA’s Watchdog Is Scrutinizing Ethics Practices of Agency’s Former Air Policy Chief
Anchorage Daily News – Juliet Eilperin (Washington Post) | Published: 7/22/2019
A key architect of the Trump administration’s efforts to weaken federal climate rules is under scrutiny by a watchdog for his dealings with industry players who lobbied the government to ease carbon pollution limits. It is the third inquiry into whether Bill Wehrum, who headed the Environmental Protection Agency’s (EPA) air policy division from November 2017 until last month, violated federal ethics rules. The EPA’s inspector general is looking at Wehrum’s interactions with his former law firm as well as several of its clients, who rank among the nation’s major emitters of greenhouse gases linked to climate change, according to two individuals who spoke on the condition of anonymity due to the sensitivity of the matter.
Internal Email: Microsoft suspends PAC donations temporarily following employee uproar
GeekWire – Nat Levy | Published: 7/24/2019
Microsoft is temporarily halting donations through its PAC after facing a backlash from employees protesting lack of influence over which candidates and campaigns the organization supported. The employees argued MSPAC used their money to support candidates that conflicted with important company values like diversity and inclusion. In addition to shutting down contributions until the fall, MSPAC will form new employee advisory councils to increase transparency and give employees more of a voice in how the PAC contributions are spent.
Mueller Answers Trump Taunts in Testimony Unlikely to Change the Political Dynamic
MSN – Ashley Parker, Racael Bade, Josh Dawsey, and Mike DeBonis (Washington Post) | Published: 7/24/2019
Testifying before Congress, former special counsel Robert Mueller, over the course of six hours, two hearings, and in his own understated – and at times juddering – way, pushed back on the months-long public relations offensive that President Trump and his team waged to undermine Mueller and his investigators. Mueller clarified his investigation and 448-page report did not, in fact, “totally exonerate” the president – contrary to Trump’s repeated claims – nor did it say there was no obstruction. He dismissed Trump’s frequent claims that Russian interference in the 2016 presidential election was a “hoax,” while also rejecting the president’s charge that his investigation was a “witch hunt.” But Mueller’s turn as a reluctant and at times uncomfortable witness seemed unlikely to change the political dynamic.
Puerto Rico Governor Says He Will Resign Amid Intense Political Pressure, Sweeping Protests
MSN – Arelis Hernandez (Washington Post) | Published: 7/24/2019
The governor of Puerto Rico announced he will resign effective August 2, amid intense pressure from inside and outside his government, after a series of leaked chat messages denigrating his opponents and Hurricane Maria victims triggered outrage from frustrated citizens who had taken to the streets for 13 consecutive days of protests. Ricardo Rosselló had defied calls for his resignation as the island descended into upheaval. He lost support from nearly everyone in his ruling statehood party, and more than a dozen members of his administration had stepped down in recent days. Profanity-laced text messages, written on an encrypted messaging app, showed Rosselló and 11 of his closest aides using sexist and homophobic language to demean female politicians, as well as journalists and Puerto Rican singer Ricky Martin, and make light of Hurricane Maria’s victims.
Trump Sues Lawmakers, NY Officials to Thwart Potential Release of State Tax Returns
The Hill – Jacqueline Thomsen and Naomi Jagoda | Published: 7/23/2019
President Trump sued the U.S. House Ways and Means Committee, the New York state attorney general, and a New York state tax official to try to block any potential efforts by lawmakers to obtain his state tax returns. This lawsuit comes on the heels of a separate complaint filed by the Ways and Means Committee seeking Trump’s federal tax returns. Trump is asking a federal judge to issue permanent injunctions blocking House Democrats from requesting his tax returns under the law, stopping the New York attorney general from enforcing the law, and preventing the New York tax and finance commissioner from providing lawmakers with the tax documents.
Watchdog Group Wants D.C. to See What the States Know About Revolving Doors
The Fulcrom – David Hawkins | Published: 7/23/2019
Public Citizen’s national study of the “revolving door” rules in all 50 states finds most are tougher or better enforced than what is on the books at the federal level. The watchdog group is among those hoping to change that, in part by shining new light on the places where it sees ethical governance promoted above special interests’ influence. The limited way that Washington restricts the flow of people from Capitol Hill and the executive agencies down to K Street (and oftentimes back again) is maddening to advocates for a more open and cleaner government and was raised to new national consciousness by Donald Trump and his “drain the swamp” campaign mantra of 2016.
Zinke Taking Clients from Industries He Oversaw at Interior Department
San Francisco Chronicle – Ari Natter and Jennifer Dlouhy (Bloomberg) | Published: 7/23/2019
Former Interior Secretary Ryan Zinke is lining up consulting clients in industries regulated by his former department at the same time he decries the ethics investigations that drove him from the Trump administration. Zinke dismissed the 15 ethics probes of his dealings atop the department as “BS.” He said his work does not run afoul of prohibitions on post-government employment. Under federal law, a waiting period blocks administration officials from lobbying their former agencies in the 12 months after they depart. Zinke’s business dealings illustrate the “revolving door” between government jobs and corporate interests, said Virginia Canter, chief ethics counsel for Citizens for Responsibility and Ethics in Washington.
Canada
Canada – Ontario’s Influencers: How the heads of lobbying firms have become part of Doug Ford’s inner circle
The Globe and Mail – Jim Mahoney and Karen Howlett | Published: 7/22/2019
Ontario Premier Doug Ford relies on the heads of two lobbying firms for advice, giving them access to his inner circle and influence over provincial politics through strategic direction, crisis management, and input on the recent cabinet shuffle. The close relationships have been fostered in an ethics environment that critics say allows a blurring of lines between lobbying, campaigning, and advising on government operations. Chris Froggatt and Kory Teneycke, who started government-relations firms weeks after helping the Progressive Conservative Party win the election last year, have become powerful backroom advisers to Ford at the same time as their employees lobby his administration.
From the States and Municipalities
Arizona – Public Corruption Tough to Prove Without Smoking Gun
Arizona Capitol Times – Ben Chiles | Published: 7/19/2019
A record of investigations by the Arizona attorney general’s office under Mark Brnovich’s tenure reveals that prosecuting public corruption cases are far from simple. While Brnovich has had some success seeking charges or court rulings against elected officials at the highest levels of state government, recent probes show how nuanced filing charges can be, and how decisions about when to prosecute, or not, can hinge on quirks in statute. Without clear cut evidence – for example, videotapes in the 1991 AzScam case of Republican and Democratic lawmakers accepting payments and bribes from undercover investigators – even high-profile cases of corruption can be challenging to prove before a jury.
California – FBI Raids at DWP, L.A. City Hall Related to Fallout from Billing Debacle
Los Angeles Times – Dakota Smith, David Zahniser, Alene Tchekmediyan, and Laura Nelson | Published: 7/22/2019
FBI agents fanned across the Los Angeles area recently, serving search warrants at multiple government offices, including the Department of Water and Power (DWP), as part of an investigation into how the city responded to the disastrous rollout of a new customer billing system. The FBI raid was the second to occur at City Hall in less than a year. In November, agents hauled out boxes and bags of materials from two of Councilperson Jose Huizar’s offices as well as his home. Since then, a search warrant indicated federal investigators are looking into the activities of several other city officials. An excerpt of a federal search warrant shows investigators are seeking information about DWP contracts, awarded or proposed, with companies affiliated with attorney Paul Paradis, who was retained by the city attorney’s office.
Connecticut – Jon Lender: New state ethics director chosen for shrinking watchdog agency
Hartford Courant – Jon Lender | Published: 7/25/2019
Peter Lewandowski was offered the position of executive director of Connecticut’s Office of State Ethics (OSE), replacing Carol Carson, who is retiring on August 1. His appointment is not yet official pending final arrangements, including his new salary. Lewandowski, the deputy general counsel at the ethics agency, will take the helm of an office that has experienced a 33% cut in staff over the past 12 years. Lewandowski worked a few years with private law firms but has spent most of his legal career working for the OSE on projects attracting little public notice. These included overhauling the agency’s regulations and serving as counsel to Carson on legislative matters. He talked often with members of the General Assembly, testified at committee hearings on bills, and sought to develop bipartisan support for the OSE’s positions.
Florida – Former State Fair Authority Director Agrees to Pay $7,500 Fine to Settle Ethics Complaint
Tampa Bay Times – Tony Marrero | Published: 7/25/2019
Charles Pesano resigned as executive director of the Florida State Fair Authority in 2016 after an investigation found he funneled fair business to his family’s company and accepted Tampa Bay Rays tickets and a hot tub from fair vendors and business partners. Three years later, the episode is hitting him in the wallet. Pesano agreed to pay a $7,500 fine to the Florida Commission on Ethics to settle a complaint against him. A review by the commission found probable cause to support six of the 11 alleged violations of state law that prohibit public officials from accepting gifts and conducting business with their own agency. Pesano will also receive a public censure and reprimand if the commission approves the agreement.
Florida – In Fla., a Push for a Citizen-Only Voting Law
Laredo Morning Times – Amy Gardner and Alice Crites (Washington Post) | Published: 7/22/2019
A network of out-of-state political consultants, secret donors, and activists with ties to President Trump is behind an effort to change the Florida Constitution to explicitly state only citizens may vote in elections, a measure that would amplify the issue of immigration in the 2020 battleground state. Organizers said they have collected nearly twice the signatures needed to qualify for the ballot next year. While federal law explicitly bars noncitizen voting, the language in the Florida Constitution, like that of many states, says “every” citizen who is 18 may vote. The proposed amendment would change the language to say “only” a citizen may vote. Supporters of the amendment said the current phrasing is vague and leaves the door open to laws allowing noncitizens to cast ballots in local elections, now permitted in about a dozen jurisdictions around the country.
Florida – Kraft Infiniti TV Commercial Starring John Dailey Pulled from the Air at Mayor’s Request
Tallahassee Democrat – Jeff Burlew | Published: 7/19/2019
A television commercial for a Tallahassee car dealership that was recently yanked from the airwaves featured a most unusual pitchman, Tallahassee Mayor John Dailey. But Dailey says he was an unwitting participant in the ad, which was shot during a June groundbreaking of the Kraft Brothers’ Infiniti dealership. Dailey said as soon as he found out about the commercial, he asked the dealership to take it down. One viewer who happened to catch it called the city’s Independent Ethics Board’s hotline to complain. That prompted a review by the ethics officer, Julie Meadows-Keefe, who never saw the commercial but recommended the matter be closed without action after speaking with Dailey about it.
Illinois – Chicago City Council Approves Mayor Lori Lightfoot’s Ethics Package; An Empowered Inspector General, Larger Fines Among Reforms
Chicago Tribune – John Byrne and Gregory Pratt | Published: 7/24/2019
The Chicago City Council unanimously approved Mayor Lori Lightfoot’s ethics reform package. Lightfoot has argued her overwhelming win in the April mayoral election gives her a mandate to tighten the rules on aldermanic behavior that is the focus of an ongoing federal investigation at City Hall. In addition to giving Inspector General Joseph Ferguson the ability to audit the city council’s committees, the mayor’s plan also increases fines for ethics violations from the current range of $500 to $2,000 up to $1,000 to $5,000. It broadens the definition of lobbyists to include nonprofits but waives their registration fees. Only those “paid or otherwise compensated” would be required to register.
Illinois – Has Your Alderman Been Indicted? New Website Highlights the History of Corruption in City Hall – And Hopes You’ll Hold New Leaders Accountable
Block Club Chicago – Alex Hernandez | Published: 7/25/2019
Before this spring’s election, four Chicago aldermen were out of jail on bond. Currently, there is one sitting alderman that under federal indictment. Now, a new website is making it easier for residents to know if their elected official is in trouble with the law. The website, hasmyaldermanbeenindicted.com, includes information on the aldermen for all 50 of the city’s wards, as well as the history of political corruption in each ward. Thirty Chicago aldermen have pleaded guilty or been convicted of crimes related to their official duties since 1972, according to The Chicago Tribune.
Iowa – Oops! Secretary of State’s Clerical Error Sets Back Iowa Ballot Measures
Governing – Alan Greenblatt | Published: 7/25/2019
Running elections is the highest-profile part of a secretary of state’s job. But in most states, there are myriad other responsibilities, such as handling business licenses, overseeing notaries, and performing a wide variety of disparate clerical functions. This year, a clerical error by the Iowa secretary of state’s office set back adoption of two constitutional amendments by at least two years. The state constitution requires that when an amendment has been passed the first time, voters must be informed at least three months ahead of the election in which they will elect a new Legislature. To make it official, the secretary of state is in charge of publishing notices in newspapers. This time, the publishing requirement fell through the cracks.
Maryland – In Wake of Healthy Holly Scandal, Baltimore City Council Gives Preliminary Approval to Stronger Ethics Law
Baltimore Sun – Ian Duncan | Published: 7/22/2019
The Baltimore City Council voted unanimously to strengthen the city’s financial disclosure laws, the first reform measure to win approval from a package of bills proposed this spring amid the scandal over former Mayor Catherine Pugh’s sales of her self-published children’s books. The ethics bill, which will be up for final approval at the council’s next meeting in August, would require disclosures of board memberships and clarify which city employees must file an annual disclosure of their financial interests. It also would stiffen the penalties for failing to file the forms. Pugh resigned after The Baltimore Sun disclosed hundreds of thousands of dollars in sales of her “Healthy Holly” books, some to organizations that do business with the city, and a raid of her home and office by federal authorities.
Massachusetts – Are Boston’s New Lobbying Rules Too Broad?
Boston Globe – Danny McDonald and Matt Stout | Published: 7/18/2019
A coalition that included the Greater Boston Chamber of Commerce, Massachusetts Nonprofit Network, and Citizens’ Housing and Planning Association, said in a letter to city officials they were concerned new lobbying regulations in Boston, which went into effect in April, would mean “hundreds of individuals will face registration and reporting burdens for activities that are not traditionally considered lobbying as they go about their normal course of business.” The group provided city officials with a legal analysis prepared by the law firm Foley Hoag that highlighted their concerns and provided “examples of how certain sections could create barriers and burdens to participation in government.” The analysis also proposed new language for amendments to the law.
Minnesota – Former Corrections Official Says She’s Unfairly Accused of Lobbying on State Time
Minneapolis Star Tribune – Stephen Montemayor | Published: 7/23/2019
A top Minnesota Department of Corrections (DOC) official who quit her post recently said she has been accused of lobbying on state time for a veterans’ nonprofit organization run by her husband, an allegation she denied. Sarah Walker, who left her job as a deputy commissioner, indicated she is being unfairly investigated in connection with her ties to the Veterans Defense Project, a Minneapolis nonprofit that does legal work for military veterans. Although DOC officials have said little about the investigation, Walker acknowledged officials had received a complaint alleging she conducted lobbying activities on state time. She denied she had met with lawmakers or with officials in the administration of Gov. Tim Walz on behalf of her husband’s group.
Mississippi – It’s Legal: Candidates could lose election, but pocket campaign cash through loophole
Jackson Clarion-Ledger – Luke Ramseth | Published: 7/23/2019
A loophole in state law allows Mississippi politicians to personally profit from their campaign funds, as long as they use money raised before 2018. Many candidates running in upcoming statewide elections still have significant campaign money saved up from that time, a review of filings found. While lawmakers drew praise for campaign finance reform they passed in 2017, Mississippi’s current law, including the lack of spending rules for old money, remains among the most relaxed in the country.
Montana – Montana’s Top Political Cop Wants 3 Years of State GOP Records
The Missoulian – Holly Michels | Published: 7/23/2019
The commissioner of political practices is demanding the Montana Republican Party turn over campaign finance and other party records it subpoenaed as part of a 2018 campaign finance investigation. But the state GOP is refusing, saying the commissioner does not have the authority and the original complaint is unfounded. The Montana Democratic Party filed a complaint claiming the GOP did not properly report “personal services” in financial disclosures in the 2016 election cycle. Those services are time spent by party staffers assisting state-level candidates with any tasks or services. Democrats had previously been the subject of a complaint filed by a conservative blogger over its use of party employees to help candidates.
Nevada – Ex-Nevada Senate Democrat Sentenced for Campaign Fund Fraud
AP News – Ken Ritter | Published: 7/18/2019
Former Nevada Senate Majority Leader Kelvin Atkinson was sentenced to more than two years in federal prison and fined almost $250,000 for misusing campaign funds to pay personal bills and open a Las Vegas nightclub where he hosted political fundraisers. U.S. Attorney Nicholas Trutanich said poor record keeping kept the FBI from determining how the more than $1.1 million Atkinson reported receiving in campaign contributions from 2010 to 2017 was spent. But he said investigators found a discrepancy of more than $450,000.
New Hampshire – As Lobbying in N.H. Grows More Complex, It’s Nearly Impossible to Follow the Money
New Hampshire Public Radio – Casey McDermott | Published: 7/18/2019
Lobbyists have long been part of the fabric of the New Hampshire Capitol, helping shape policy on a wide range of issues. But their influence is often hard to measure. A New Hampshire Public Radio investigation found the state’s lobbying corps represents all kinds of interests – including, increasingly, nonprofit organizations and out-of-state corporations. But there is little consistency in what information is reported about how much money any client is spending on its lobbying efforts and where that money is going. There is little to no oversight of the lobbyists’ financial disclosure forms. No one is enforcing penalties to ensure the reports are filed, let alone filled out completely and correctly.
New York – Charter Review Commission Gives Final Approval to 19 Proposals in 5 Questions to Appear on November Ballot
Gotham Gazette – Samar Khurshid | Published: 7/25/2019
The New York City Charter Revision Commission officially approved the language of 19 ballot proposals that will be put before voters for the November 5 general election. The ballot proposals are as varied as they are numerous and are grouped into five overarching questions on the ballot. The first of the three elections-related proposals would establish ranked-choice voting in primary and special elections for all city government seats beginning in January 2021. Former city officials and employees currently face a one-year ban from appearing as a lobbyist before the agency or branch of government they served. The commission proposed expanding that to two years for anyone leaving their post after January 2022.
New York – For 105 Clients, Manhattan’s Democratic Leader Now Registered Lobbyist
Albany Times Union – Chris Bragg | Published: 7/18/2019
Between January and July, former New York Assemblyperson Keith Wright, now the leader of the Manhattan Democratic Party, registered as a lobbyist for 72 clients with business before state government. Around the same time Wright was asked about the lobbying, his firm registered him for 33 additional clients. Though Wright says he has never lobbied state lawmakers from Manhattan, he has lobbied their staff members. State law appears to require Wright to file annual financial disclosure forms, but for the past two years he has not. The law also places certain restrictions on the business activities of political party leaders. A faction of the Manhattan Democratic Party has pushed for a rule change to ban paid lobbyists from being the party’s leader; the matter was tabled last year by Wright allies.
Pennsylvania – After a Bombshell Corruption Scandal, Lower Southampton Grapples with Restoring Faith in Government
Philadelphia Inquirer – Vinny Vella | Published: 7/19/2019
John Waltman was a judge, but he acted like a king in his hometown of Lower Southampton, a working-class suburb of Philadelphia. It was an arrogance born of years of political dominance, steeled by backroom deals and barroom meetings. It was shattered in 2016, when Waltman and two of his lieutenants, township Public Safety Director Robert Hoopes and Constable Bernard Rafferty, were indicted on federal corruption charges. They were accused of shaking down business owners seeking township contracts and laundering money they believed was from illegal drug sales. The feds also nabbed Lower Southampton’s former solicitor, Michael Savona, for lying to the FBI about the way the men ran the township. Current township officials insist Lower Southampton is moving beyond the scandal, that the old regime is felled. But they recognize that there is rebuilding to do.
Tennessee – Analysis: 4 areas officials could eye in campaign finance probe of Glen Casada
The Tennessean – Joel Ebert | Published: 7/23/2019
With state officials expected to open an investigation into Tennessee House Speaker Glen Casada’s campaign finances, the embattled lawmaker could face significant scrutiny for how he has spent donors’ money in recent years. Casada, who controls a PAC as well as his personal campaign committee, has more than $560,000 at his disposal. In the last two years, he has raised more than $600,000 and spent $445,000 out of the two committees. Casada used campaign money to cover items ranging from travel to a membership at a private club with a restaurant. While lawmakers are prohibited from using money in their personal campaign accounts for personal expenditures, PACs face no such limits. But a probe into his PAC could further highlight the loophole in state law that allows personal expenses.
Texas – As Austin Ethics Cases Make Headlines, What’s the Penalty?
Austin American-Statesman – Elizabeth Findell | Published: 7/19/2019
The powers of the Austin Ethics Commission are relatively toothless compared with those in some cities on the East and West coasts, which can issue fines or other sanctions in cases of violations. Austin’s council-appointed commission hears complaints against elected and appointed officials and their staffs. If it finds a violation, it can issue one of three types of letters or, in extreme cases, offer a recommendation the person be removed from his or her job. The board can also refer cases for criminal prosecution by city attorneys, but it has not done so in recent decades. As Austin grows, its policies and processes surrounding city ethics have seen more scrutiny as prominent cases have tested them.
Texas – Second Person Pleads Guilty in Federal Bribery Case Involving Dallas City Hall and Housing Developer
Dallas News – Kevin Krause and Sara Coello | Published: 7/23/2019
A second person named in a public corruption case involving former Dallas City Councilperson Carolyn Davis has pleaded guilty. Jeremy Scroggins admitted to using his nonprofit company, Hip Hop Government, to funnel bribes from developer Ruel Hamilton to Davis, who was at the time chair of the council’s housing committee. In exchange, Davis lobbied for and voted for Hamilton’s housing project. Scroggins is the third person to be charged in the case. He acknowledged not reporting the bribes to authorities, records show. The addition of Scroggins could bolster the government’s case against Hamilton, which took a hit with the unexpected death of Davis, a key witness who had pleaded guilty to her involvement.
Washington – Interest Groups Are Pouring Money into Seattle’s City Council Elections Using No-Limit PACs
Seattle Times – Daniel Beekman | Published: 7/19/2019
Businesses, unions, and other interest groups have started pouring money into Seattle City Council races ahead of the August 6 primary election, using PACs that can collect and spend unlimited amounts of money. The special independent committees can accept huge cash contributions and spend as much as they want to support or oppose candidates, as long as they do not coordinate with the candidates. Some have already spent more than the candidates have spent themselves, buying the interest groups major clout. Seattle voters in 2015 approved a groundbreaking democracy vouchers program, which allows residents to assign taxpayer-funded vouchers to qualifying candidates. Meanwhile, outside money appears to be on the rise.
Washington DC – D.C. Council Member’s Cousin Is Listed in $215 Million No-Bid Gambling Contract
San Francisco Chronicle – Fenit Nirappil (Washington Post) | Published: 7/18/2019
The cousin of a District of Columbia Council member who cast a deciding vote for a no-bid sports gambling contract is listed as the chief executive officer of a business that would receive $3 million under the deal. City officials awarded a five-year, $215 million contract to the Greek gambling company Intralot to manage the city lottery and an upcoming online sports betting program. Plans that Intralot submitted list Keith McDuffie, cousin of Councilperson Kenyan McDuffie, as the CEO and point of contact for Potomac Supply, a subcontractor that would receive $3 million over five years to supply commercial paper products. The plans are required to demonstrate that Intralot is meeting city targets for including local and minority-owned businesses.
July 19, 2019 •
News You Can Use Digest – July 19, 2019
National/Federal Acting Labor Secretary Pizzella Lobbied for Russian-Connected Front Group, Worked with Jack Abramoff Center for Responsive Politics – Reid Champlin and Jessica Piper | Published: 7/12/2019 Patrick Pizzella will take the reins at the Department of Labor as acting secretary […]
National/Federal
Acting Labor Secretary Pizzella Lobbied for Russian-Connected Front Group, Worked with Jack Abramoff
Center for Responsive Politics – Reid Champlin and Jessica Piper | Published: 7/12/2019
Patrick Pizzella will take the reins at the Department of Labor as acting secretary after Alex Acosta announced his resignation due to criticism for his light prosecution of sex offender Jeffrey Epstein more than a decade ago. But Pizzella’s record as a lobbyist is likely to come under scrutiny. In the late 1990s, his clients included a Russian front group, the government of the Marshall Islands, and a trade association fighting against the minimum wage in a U.S. commonwealth. For these and other clients, he worked with Jack Abramoff, who was at the forefront of a corruption scandal in the 2000s that ultimately resulted in 21 convictions and major reforms to lobbying laws. Pizzella was never accused of any wrongdoing.
Alex Acosta Resigns as Labor Secretary Amid Intense Scrutiny of His Handling of Jeffrey Epstein Case
MSN – David Nakamura, John Wagner, Ashley Parker, and Josh Dawsey (Washington Post) | Published: 7/12/2019
Labor Secretary Alex Acosta’s resignation amid the mushrooming Jeffrey Epstein investigation made him the latest in a growing list of President Trump’s Cabinet members to depart under a cloud of scandal, plunging an administration that has struggled with record turnover into further upheaval. Trump said Acosta had chosen to step down a day after defending himself in a contentious news conference over his role as a U.S. attorney a decade ago in a deal with Epstein that allowed the financier to plead guilty to lesser offenses in a sex-crimes case involving underage girls. The sole Hispanic member of Trump’s Cabinet said the intense media focus on his role in Epstein’s case threatened to become a distraction that would undermine his work for the administration.
CNN Doesn’t Tell Whole Story About Trump-Loving Panel
San Francisco Chronicle – Paul Fahri (Washington Post) | Published: 7/17/2019
The panel of women CNN interviewed about President Trump liked him a lot and do not think he is a racist, despite a congressional resolution to the contrary. And no question the women are, as CNN identified them, “Republicans.” But the network missed telling its viewers a few other things about the women it put on the air in a segment surveying their reaction to criticism of Trump. The seemingly random group of eight women were, in fact, members of an organized group dedicated to promoting Trump. The group calls itself the Trumpettes of America 2019 Palm Beach Team, although CNN and correspondent Randi Kaye did not mention anything about such a group. Nor did the anchors, including Anderson Cooper, who introduced Kaye’s report.
Consultant Who Worked with Manafort Retroactively Registers as Foreign Agent
Politico – Theodoric Meyer | Published: 7/12/2019
A British consultant who helped publicize a report commissioned by the government of Ukraine in 2012 retroactively registered as a foreign agent with the U.S. Justice Department. The filing sheds a little more light on an elaborate lobbying and public relations effort orchestrated by Paul Manafort starting more than seven years ago on behalf of the Ukrainian government and Viktor Yanukovych, Ukraine’s president at the time and Manafort’s client. Robert Mueller, the former special counsel, looked into the effort as part of his investigation into Russian interference in the 2016 election. The consultant, Jonathan Hawker, registered through FTI Consulting, the firm at which he worked at the time but has since left.
Court Filings Show Trump, Cohen Contacts Amid Hush Money Payments
The Hill – Jacqueline Thomsen and Morgan Chalfant | Published: 7/18/2019
President Trump’s former personal attorney Michael Cohn was in contact with Trump multiple times as he arranged hush money payments to women alleging affairs with Trump ahead of the 2016 election. The previously redacted details of the probe on the payments indicate investigators were aware of calls made between Cohen and Trump, as well as other campaign officials. Cohen pleaded guilty to committing campaign finance violations in relation to the payments and implicated Trump in the scheme. The documents were released after federal prosecutors said they had concluded their investigation into the hush-money payments. The closure of the probe strongly suggests prosecutors will not bring criminal charges against anyone besides Cohen, who pleaded guilty last year to campaign finance violations, lying to Congress, and financial crimes.
F.E.C. Allows Security Company to Help 2020 Candidates Defend Campaigns
New York Times – Nicole Perlroth | Published: 7/11/2019
The FEC said a Silicon Valley security company could immediately start helping 2020 presidential candidates defend their campaigns from the kinds of malicious email attacks that Russian hackers exploited in the 2016 election. The FEC made its advisory opinion one month after lawyers for the agency advised it to block a request by the company, Area 1 Security, which had sought to provide services to candidates at a discount. The FEC lawyers said Area 1 would be violating campaign finance laws that prohibit corporations from offering free or discounted services to federal candidates. The same law also prevents political parties from offering candidates cybersecurity assistance because it is considered an “in-kind donation.”
FEC Gets New Internal Watchdog Following Tumultuous Search
Center for Public Integrity – Dave Levinthal | Published: 7/12/2019
The FEC has a new inspector general, ending a 28-month period that included the de facto neutering of its office charged with investigating and defending against agency waste, fraud, and abuse. Christopher Skinner will begin work as the FEC’s inspector general on August 5. Skinner served as deputy inspector general for the Office of Naval Research for six years, including one year as acting inspector general. Before that, he served as assistant chief of inspections for the Naval Facilities Engineering Command. It took commissioners about a year to begin an earnest search for McFarland’s replacement. Once they did, agency infighting resulted in a disgruntled human resources official canceling an inspector general job posting and, in mid-2018, derailing the search.
Former Flynn Partner on Trial for Illegal Lobbying Charges
Courthouse News Service – Brandi Buchman | Published: 7/15/2019
Though special counsel Robert Mueller’s investigation into foreign influence in the 2016 election has officially wrapped up, a trial began for a former business partner of convicted ex-national security adviser Michael Flynn accused of acting as an illegal agent of the Turkish government. Bijan Rafiekian, an Iranian American businessperson who also goes by Bijan Kian, was indicted on a charge of conspiracy and failure to register as a foreign agent. The charges stemmed from lobbying work done by Kian and Flynn in 2016.
House Condemns Trump’s Attack on Four Congresswomen as Racist
MSN – Julie Hirschfeld Davis (New York Times) | Published: 7/16/2019
The U.S. House voted to condemn as racist President Trump’s attacks against four congresswomen of color, but only after the debate over the president’s language devolved into a bitterly partisan brawl that showcased deep rifts over race, ethnicity, and political ideology in the age of Trump. The measure passed nearly along party lines after one of the most polarizing exchanges on the floor in recent times. Only four Republicans and the House’s lone independent voted with all Democrats to condemn the president. It is virtually unheard-of for Congress to rebuke a sitting president. The last one to be challenged was William Howard Taft, who served from 1909 to 1913. He was accused of having tried to influence a disputed Senate election, but in the end, the Senate passed a watered-down resolution.
House Holds Barr and Ross in Contempt Over Census Dispute
New York Times – Nicholas Fandos | Published: 7/17/2019
The U.S. House voted to hold Attorney General William Barr and Commerce Secretary Wilbur Ross in criminal contempt of Congress for their refusal to turn over key documents related to the Trump administration’s attempt to add a citizenship question to the 2020 census. The citations for two cabinet officials will breathe new life into a dispute that has touched all three branches of government over why administration officials pushed to ask census respondents if they were American citizens and what that question’s effect would be. Democrats investigating the issue believe the documents and testimony being shielded would confirm the administration’s long-stated rationale for collecting the data, to better enforce the Voting Rights Act, was merely a cover for a politically motivated attempt to eliminate noncitizens from population statistics used to allocate political representation, diminishing Democratic power.
How Pharma, Under Attack from All Sides, Keeps Winning in Washington
STAT – Nicholas Forko and Lev Facher | Published: 7/16/2019
Even though Washington has stepped up its rhetorical attacks on the industry and focused its policymaking efforts on reining in high drug prices, the pharmaceutical industry’s time-honored lobbying and advocacy strategies have kept both lawmakers and the Trump administration from landing any of their prescription-drug punches. Even off Capitol Hill, it found a way to block perhaps the Trump administration’s most substantial anti-industry accomplishment in the past two years: a rule that would have required drug companies to list their prices in television ads. The industry has also benefited from a fractured Congress and discord between President Trump’s most senior health care advisers.
Trump Says He Will Seek Citizenship Information from Existing Federal Records, Not the Census
MSN – Katie Rogers, Adam Liptak, Michael Crowley, and Michael Wines (New York Times) | Published: 7/11/2019
President Trump abandoned his quest to place a question about citizenship on the 2020 census and instructed the government to compile citizenship data from existing federal records instead, ending a bitterly fought legal battle that turned the nonpartisan census into an object of political warfare. Trump announcedt he was giving up on modifying the census two weeks after the U.S. Supreme Court rebuked his administration over its effort to do so. Trump made the clearest statement yet that his administration’s ultimate goal in obtaining data on citizenship was to eliminate noncitizens from the population bases used to draw political boundaries, a longstanding dream in some Republican circles. Wilbur Ross, the secretary of commerce who spearheaded the effort to add the citizenship question, had long insisted the data was needed to enforce the Voting Rights Act.
Trump Tells Freshman Congresswomen to ‘Go Back’ to the Countries They Came From
MSN – Katie Rogers and Nicholas Fandos (New York Times) | Published: 7/14/2019
President Trump said a group of four minority congresswomen feuding with House Speaker Nancy Pelosi should “go back” to the countries they came from rather than “loudly and viciously telling the people of the United States” how to run the government. Wrapped inside that insult, which was widely established as a racist trope, was a factually inaccurate claim: only one of the lawmakers was born outside the country. Even though Trump has repeatedly refused to back down from stoking racial divisions, his willingness to deploy a lowest-rung slur, one commonly and crudely used to single out the perceived foreignness of nonwhite, non-Christian people, was largely regarded as beyond the pale.
With Name-Calling and Twitter Battles, House Republican Campaign Arm Copies Trump’s Playbook
New York Times – Catie Edmonson | Published: 7/17/2019
The National Republican Congressional Committee (NRCC), with the blessing of House Republican leaders, has adopted a no-holds-barred strategy to win back the House majority next year, borrowing heavily from President Trump’s playbook in deploying such taunts and name-calling. After losing 40 seats and the majority in November, U.S. Rep. Tom Emmer, the NRCC’s new chairperson, and Minority Leader Kevin McCarthy decided their messaging needed to be ruthless. The offensive hinges largely on the notion that by tagging all House Democrats as socialists, anti-Semites, or far-left extremists, Republicans will be able to alienate swing-state voters.
From the States and Municipalities
Arizona – Utility Panel OKs New Limits on Campaign Contributions to Commission Candidates
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 7/11/2019
State utility regulators approved a new code of ethics, including new limits on how much anyone with business before them can donate to candidates running for the Arizona Corporation Commission. But two of the panel members said the wording has a gaping hole that could still give utilities a way of financing their favorite commission candidates, at least indirectly. The language technically does not keep current and would be commissioners from taking campaign money from utilities and others who are trying to convince the panel to approve or reject some pending issue. Instead it says if a candidate for the commission takes campaign money from someone who has business before the commission they cannot vote on that matter when it goes before the panel.
Hawaii – Defiant Ethics Commission Defends Decisions on Kealohas
Honolulu Civil Beat – Nick Grube | Published: 7/17/2019
The Honolulu Ethics Commission is under renewed scrutiny for how it handled a series of investigations into retired city police chief Louis Kealoha and his wife, Katherine, who is a former city prosecutor. The Kealohas were convicted along with two police officers of framing Katherine’s uncle, Gerard Puana, for the theft of their mailbox and then trying to cover it up. Two other Honolulu police officers pleaded guilty to other charges stemming from the federal probe. The commission launched a series of investigations into the Kealohas in 2014. Those inquiries stalled in 2015, however, after the commission yanked its main investigators, Chuck Totto and Letha DeCaires, from the case and made a series of decisions that effectively ended their careers.
Illinois – Mayor Lori Lightfoot’s City Council Ethics Plan Advances
Chicago Tribune – John Byrne | Published: 7/17/2019
The Chicago City Council’s Ethics Committee advanced a package of reforms to give the city watchdog more oversight of the body and tighten rules on outside jobs and lobbying. In a late change to the proposal, people acting on behalf of nonprofits would not need to register as lobbyists if they are unpaid or if they are providing technical assistance to the agencies. Mayor Lori Lightfoot’s ethics proposal also include measures to tighten the rules for aldermen holding outside jobs and increase fines for ethics violations, from the current $500 to $2,000 up to $1,000 to $5,000.
Missouri – Since Voters Approved A $5 Cap on Gifts, Lobbyist Spending on Missouri Lawmakers Dropped 94%
St. Louis Public Radio – Aviva Okeson-Haberman | Published: 7/11/2019
Voters approved a five-dollar limit on gifts for lawmakers in November. An analysis of data from the Missouri Ethics Commission shows there has been a 94% decrease in spending from the 2019 to 2018 legislative session. In this year’s session, lobbyists spent less than $17,000 on lawmakers. That is a significant drop from the about $300,000 spent in the 2018 session. University of Missouri political science professor Peverill Squire said most of the spending is now on larger events that all lawmakers can attend. There is still a five-dollar limit per lawmaker for those events.
New York – Ex-IDC Members Pay $275,000, Settling Sugarman Suit
Albany Times Union – Chris Bragg | Published: 7/11/2019
In January, Risa Sugarman, chief enforcement counsel for the State Board of Elections. sought more than $8.6 million in penalties and fines from senators, campaign staff, and party officials connected to a fundraising partnership between the Independence Party and the Independent Democratic Conference (IDC), which controversially partnered with Republicans to run the New York Senate for half a decade. Eight former IDC members recently paid $275,000 to settle the allegations they took millions of dollars in unlawful campaign donations. The settlement agreement does not include the state Independence Party or its officials. Sugarman’s case against the Independence Party, which seeks $17,000 in fines and the return of $171,000 party money to donors, is still pending.
New York – Mt. Vernon Has 2 Mayors, and Its Police Commissioner Was Just Arrested
New York Times – Sarah Maslin Nir | Published: 7/18/2019
Shawn Harris was taken into custody when he arrived at Mount Vernon police headquarters to begin work as the city’s police commissioner. Harris was appointed by Andre Wallace, who purports to be the acting mayor after the city council deemed Richard Thomas to have forfeited the mayor’s office when he pleaded guilty to misusing $12,900 in campaign funds. Thomas insists he is still in power and remains in the mayor’s office in City Hall, with a pair of police officers standing guard. Further confusion came when the city council issued a statement disavowing Wallace’s appointment of Harris. Things were in such flux that staff members in the city clerk’s office needed to print out organizational charts as they tried to explain who in the administration is currently who.
North Dakota – North Dakota Focuses on Ethics
U.S. News & World Report – Cinnamon Janzer | Published: 7/12/2019
In February 2018, North Dakota Gov. Doug Burgum and his wife took a Super Bowl trip funded by Xcel Energy (which he later paid back), and state Rep. Jim Kasper took multiple trips involving the internet gambling industry in 2005. In response, a coalition of citizens pushed for a state ethics commission. Voters in 2018 passed Measure 1, amending the North Dakota Constitution to add Article 14, which required the Legislature to pass laws to regulate campaign finance disclosures and established an ethics commission designed to “support open, ethical, and accountable government” among other responsibilities. The commission is being formulated this summer, and its creation has not been without controversy. Experts have concerns about how effective tit will be, largely due to changes in the legislation that established the panel.
Ohio – City Elections Commission Offers Guidance on Campaign Finance Change
WVXU – Jay Hanselman | Published: 7/11/2019
Contributions made by made by limited liability corporations (LLC) to Cincinnati mayoral and city council candidates prior to December 1, 2018, will not count toward a donor’s limits under the city’s new campaign finance charter amendment. The ballot measure said an LLC cannot contribute to mayoral or city council candidates “solely in the name” of the business. Those donations must be associated with the person, owner, or partner making it. Attorney Micah Kamrass had asked the city’s Elections Commission “whether contributions made to a city council or mayoral candidate by an LLC will be counted as contributions made by an individual if the contributions were made prior to the effective date” of the Charter amendment.
Texas – Ellis Proposes Ethics Reforms for Harris County Government
Houston Chronicle – Zach Despart | Published: 7/12/2019
Harris County Commissioner Rodney Ellis has proposed two ethics reforms he says are needed to improve transparency in county government, though Texas counties’ limited rule-making power may scuttle his plan. Commissioners Court unanimously backed Ellis’ request to study how the county can establish mandatory registration of lobbyists and a blackout period for campaign contributions to elected officials from firms who seek or receive county contracts. Harris County since 2009 has allowed lobbyist registration on a voluntary basis. Participation has been dismal – just 17 lobbyists have signed up in the past decade, according to records.
Texas – State Leaders Again Want to Review How Texas Elects Judges. Will They End Partisan Judicial Elections?
Texas Tribune – Emma Platoff | Published: 7/15/2019
After a punishing election for Republican judges, state leaders are set to take a look at Texas’ often-criticized judicial selection system. Gov. Greg Abbott signed a law creating a commission to study the issue, signaling the Legislature could overhaul the system as soon as 2021. One of just a few states that maintains a system of partisan judicial selection all the way up through its high courts, judges are required to run as partisans but expected to rule impartially. They are forced to raise money from the same lawyers who will appear before them in court. And in their down-ballot, low-information races, their fates tend to track with the candidates at the top of the ticket. That means political waves that sweep out of office good and bad, experienced and inexperienced judges alike.
Washington – In Win for Public Campaign Financing, State Supreme Court Upholds Seattle’s Unique ‘Democracy Vouchers’
Governing – Daniel Beekman (Seattle Times) | Published: 7/15/2019
The Washington Supreme Court upheld Seattle’s “democracy vouchers” program, which allows residents to direct taxpayer money to qualifying political candidates. The Pacific Legal Foundation supported a lawsuit to block the program on behalf of a pair of residents, claiming it would effectively force them to support candidates they might not agree with. The justices ruled because any candidate can qualify to receive the funds the program is effectively neutral. Proponents say the vouchers counter big money in politics by involving people who otherwise would not donate and by helping lesser-known candidates compete.
Washington DC – Tensions Reach a New High on D.C. Council as Lawmakers Grapple with Scandal
Washington Post – Peter Jamison and Fenit Nirappil | Published: 7/13/2019
Heated fights at the District of Columbia Council over how to discipline a lawmaker under federal investigation and whether to approve a controversial gambling contract have deepened a growing rift among city leaders. Tensions have been simmering after repeated revelations about Councilperson Jack Evans and his private business dealings with companies with interests before city government. The divisions escalated at a recent meeting when a group of lawmakers tried but failed to strip Evans of all committee assignments. Next, they tried unsuccessfully to stop a no-bid sports betting and lottery contract that several said “stinks” of cronyism. Instead, council Chairperson Phil Mendelson and allies were able to approve the contract and avoid harsh penalties for Evans.
West Virginia – A Resolution Condemning Pipeline Challengers Passed Easily. A Pipeline Lobbyist Wrote It.
ProPublica – Kate Mishkin (Charleston Gazette-Mail) | Published: 7/11/2019
House Resolution 11, sponsored by nearly half of West Virginia delegates, praised the Atlantic Coast Pipeline, a major natural gas project. Then, the resolution sharply condemned the citizens’ groups that challenged the project in court. The resolution passed 80 to 17. What was not mentioned on the House floor was the resolution was drafted by the pipeline company itself. Bob Orndorff, a lobbyist for Dominion Energy, wrote the resolution and sent it to the House. It is not abnormal for a lobbyist to provide insight or help draft legislation. But Orndorff’s resolution was different from other pieces of legislation because it singled out a specific group. It sheds light on the close relationship between West Virginia’s growing natural gas industry and its legislative branch.
July 12, 2019 •
News You Can Use Digest – July 12, 2019
National/Federal 2020 Democrats Vow to Get Tough on Lobbyists The Hill – Alex Gangitano | Published: 7/7/2019 Democratic presidential hopefuls are taking aim at the lobbying world, vowing to enact sweeping reform proposals if they win election. Contenders from both parties […]
National/Federal
2020 Democrats Vow to Get Tough on Lobbyists
The Hill – Alex Gangitano | Published: 7/7/2019
Democratic presidential hopefuls are taking aim at the lobbying world, vowing to enact sweeping reform proposals if they win election. Contenders from both parties have long run as outsiders to K Street, with President Trump famously vowing on the campaign trail to “drain the swamp.” But the spotlight on K Street has intensified this cycle, with the left urging candidates to reject corporate money and Democratic lawmakers raising concerns about the “revolving door” that sees lobbyists land top administration posts. U.S. Sens. Elizabeth Warren and Michael Bennet have called for a strict lifetime ban on lawmakers lobbying. Those candidates in the U.S. House are touting tough restrictions on lobbyists they helped pass this year as part of a sweeping ethics bill.
AP: Federal grand jury probing GOP fundraiser Elliott Broidy
AP News – Jim Mustian and Desmond Butler | Published: 7/8/2019
A federal grand jury in New York is investigating top Republican fundraiser Elliott Broidy, examining whether he used his position as vice chairperson of President Trump’s inaugural committee to drum up business deals with foreign leaders. Prosecutors appear to be investigating whether Broidy exploited his access to Trump for personal gain and violated the Foreign Corrupt Practices Act, which makes it illegal for U.S. citizens to offer foreign officials “anything of value” to gain a business advantage. Things of value in this case could have been an invitation to the January 2017 inaugural events or access to Trump.
Appeals Court Tosses Emoluments Suit Against Trump
Politico – Josh Gerstein | Published: 7/10/2019
A federal appeals court panel dismissed a lawsuit accusing President Trump of violating the Constitution by continuing to do business with foreign and state governments while serving as president. The Fourth Circuit Court of Appeals ruled the state of Maryland and the District of Columbia, who joined together to file the suit, lacked legal standing to object to his alleged violations of the Constitution’s clauses prohibiting receipt of so-called emoluments while in office. Writing for the court, Judge Paul Niemeyer concluded the case turned on unduly speculative claims that the District of Columbia and Maryland governments were being harmed by people favoring Trump’s Washington hotel in order to curry favor with him.
Democrats Grapple with a Sprawling Primary Field, and No One to Shape It
MSN – Reid Epstein (New York Times) | Published: 7/4/2019
Many strategists say the Democratic Party’s slate of 24 presidential candidates is too unwieldy for a constructive debate, and too large for most voters to follow. With a leadership vacuum at the top of the party, there is no one to elevate candidates with an endorsement, or help steer third-tier candidates out of the race when they have reached their plausible expiration date. Former President Obama is sitting out the primary. The Clintons, a once-dominant party presence, are largely unwelcome this time around. Of the party’s living former presidential nominees, just Walter Mondale and Michael Dukakis have weighed in on the race. The rest are keeping their distance from the messy primary, which polling shows has bifurcated between a top tier of five candidates and everyone else vying just to qualify for the party’s fall debates.
Elizabeth Warren Shuns Conventional Wisdom for a New Kind of Campaign
Politico – Alex Thompson | Published: 7/9/2019
U.S. Sen. Elizabeth Warren is defying the traditional playbook for running a modern presidential campaign. She raised $19.1 million in the second quarter of this year despite swearing off large fundraising events. Her campaign has gone without an outside polling firm, and says it has no plans to hire one, even though it is standard operating procedure. The campaign is shunning the typical model for producing campaign ads, in which outside firms are hired and paid commissions for their work. Instead, Warren’s campaign is producing TV, digital, and media content itself, as well as placing its digital ad buys internally. The approach is a rebuke of the consultant-heavy model of campaigns. Warren and her team see the standard campaign as another symbol of Washington corruption, and an opportunity to do things differently.
Eric Swalwell Ends White House Bid, Citing Low Polling, Fundraising
Politico – Carla Marinucci and Jeremy White | Published: 7/8/2019
U.S. Rep. Eric Swalwell, dogged by fundraising challenges and a failure to register in the polls, is ending his longshot bid for the presidency. He had called on Democratic front-runner Joe Biden to “pass the torch” of party leadership to a new generation in the first Democratic presidential debates. But Swalwell later called a press conference to announce that instead of continuing in the primaries, he will instead seek a fifth term representing his strongly Democratic district in Congress. Consultant Garry South said Swalwell’s attempts at generational appeal “could have had traction, but he was pre-empted by someone a year younger, Pete Buttigieg. He didn’t have that lane to himself.”
FBI Arrests Former Top Puerto Rico Officials in Government Corruption Scandal
National Public Radio – Bobby Allyn | Published: 7/11/2019
U.S. authorities unsealed a corruption indictment against two former top officials in Puerto Rico for directing some $15.5 million in contracts to favored businesses, allegedly edging out other firms for the lucrative government work despite allegations of being unqualified. The two former Puerto Rico leaders – Julia Keleher, who was the secretary of the island’s department of education before stepping down in April, and Ángela Ávila-Marrero, who led Puerto Rico’s Health Insurance Administration until June – were arrested by FBI agents. Prosecutors wrote in the indictment that the conspiracy involved the two former public officials handing four associates who had an inside track to contracts.
Female Tech Lobbyists Shake Up Industry
The Hill – Alex Gangitano | Published: 7/9/2019
Male-dominated Silicon Valley has long faced criticism over gender diversity issues, but in Washington, D.C., the tech industry’s most prominent groups are increasingly led by women. For women in the industry, those changes are a promising trend and long overdue, and come at a critical time for tech businesses. Shirley Bloomfield, chief executive officer of The Rural Broadband Association (NTCA), first started as a lobbyist at NTCA 30 years ago, when she said it was a “barren wasteland for women in the tech industry.” She left after 20 years for stints at Qwest and Verizon, before returning as chief executive nine years ago. Bloomfield says there is more to be done to improve representation.
GOP at War Over Fundraising
Politico – Alex Isenstadt | Published: 7/10/2019
Tensions over the future of the Republican Party’s grassroots fundraising are reaching a breaking point, with the national party turning to strong-arm tactics to get Republicans behind its new, Donald Trump-endorsed platform for small donors. The Republican National Committee (RNC) is threatening to withhold support from party candidates who refuse to use WinRed, the GOP’s newly established online fundraising tool. And the RNC, along with the party’s Senate and gubernatorial campaign arms, are threatening legal action against a rival donation vehicle. The moves illustrate how Republican leaders are waging a determined campaign to make WinRed the sole provider of its small donor infrastructure and to torpedo any competitors.
In the Aftermath of Khashoggi’s Murder, Saudi Influence Machine Whirs on in Washington
Stamford Advocate – Beth Reinhard, Jonathan O’Connell, and Tom Hamburger (Washington Post) | Published: 7/10/2019
Since fall 2018, Washington, D.C. lobbyists and lawyers have reaped millions of dollars for assisting Saudi Arabia as it works to develop nuclear power, buy American-made weapons, and prolong U.S. assistance to the Saudi-led coalition waging war in Yemen, foreign lobbying records show. Shaped by a sophisticated machine that was built over decades, Saudi support on Capitol Hill has been tested in recent months amid international outrage over the kingdom’s involvement in journalist Jamal Khashoggi’s death and a war in Yemen that has killed tens of thousands of civilians. In recent months, some Republicans have joined Democrats in trying to limit U.S. military aid and weapon sales to Saudi Arabia. But with billions of dollars at stake, the powerful defense industry has helped the lobbying corps contain GOP defections.
‘It Can’t Be Worse’: How Republican women are trying to rebuild
New York Times – Maggie Astor | Published: 7/9/2019
As their own election losses poured in, Republicans watched Democratic women make historic gains in 2018 and decided to adopt the Democrats’ strategy for themselves. Those attending the Women’s Campaign School at Yale University said saving Republican women from political extinction was a challenge far bigger than one election cycle. This is because the deeper problem is that Democratic women have a bench; Republican women do not. Part of the trouble is demographic. There are just more Democratic than Republican women among registered voters, and President Trump, who is less popular among women than among men, has not helped. Republicans also lag strategically in several areas: in recruiting female candidates, training them, funding them, and helping them through primaries.
Judge Blocks Trump Rule Requiring Drug Companies to List Prices in TV Ads
New York Times – Katie Thomas and Katie Rogers | Published: 7/8/2019
A federal judge ruled the Trump administration cannot force pharmaceutical companies to disclose the list price of their drugs in television ads, dealing a blow to one of the president’s most visible efforts to pressure drug companies to lower their prices. U.S. District Court Judge Amit Mehta ruled the Department of Health and Human Services exceeded its regulatory authority by seeking to require all drug makers to include in their television commercials the list price of any drug that costs more than $35 a month.
Rep. Duncan Hunter’s ‘Deep State’ Defense Falls Apart
Roll Call – Emily Kopp | Published: 7/8/2019
U.S. Rep. Duncan Hunter’s bid to dismiss the corruption charges against him by alleging a “deep state” conspiracy by U.S. attorneys fell apart when it was revealed that Hunter’s lead attorney had attended the same Democratic fundraiser that he said biased prosecutors. U.S. District Court Judge Thomas Whelan ruled against a motion filed by Hunter’s team, arguing the case should be relocated or dismissed because two of the prosecutors attended a 2015 fundraiser for Hillary Clinton, who was running for president. Their attendance, Hunter’s lawyers said, meant they would be biased in the case against Hunter, an early supporter of Donald Trump. The Justice Department revealed that the lead attorney for Hunter’s defense, Gregory Vega, was also present, and even donated to her campaign.
Steve Bullock Hates ‘Dark Money.’ But a Lobbyist for ‘Dark Money’ Donors Is Helping His Campaign.
Center for Public Integrity – Laura Zornosa | Published: 7/8/2019
Montana Gov. Steve Bullock is staking his presidential campaign on battling “dark money.” But in August, Bullock is scheduled to visit Washington, D.C., for a closed-door campaign fundraiser co-hosted by 11 of the capital’s, including a federally registered lobbyist whose clients have contributed corporate cash to groups that do not disclose their donors, according to an invitation. Jay Driscoll, a Bullock friend and managing partner at lobbying firm Forbes-Tate, lobbied for 37 corporate clients during the first quarter of 2019 alone. The Center for Public Integrity in 2014 found nine of Driscoll’s current corporate lobbying clients had contributed to politically active nonprofit groups that do not voluntarily disclose their donors.
Study: Firm governance key as shareholders assess risk of political activity
Phys.org; Staff – | Published: 7/9/2019
It is the structure of a firm’s governance that may cause shareholders to walk away if they think they cannot hold the company accountable for its political activity, according to a new study. The research provides empirical evidence to inform the debate surrounding whether companies should be required to disclose details of their investments in political activities as a means of increasing accountability to both shareholders and the public. “The study clearly presents the various ways that U.S. companies can influence the political process via campaign finance and what risk it presents to the average investor because of the lack of transparency over the amounts spent,” said the study’s co-author, Hollis Skaife, an accounting professor at the University of California.
Trump Campaign Knew Consultant Was Behind Joe Biden Parody Site. Does That Make It a Campaign Finance Violation
Newsweek – Asher Stockler | Published: 7/9/2019
Multiple members of President Trump’s re-election campaign knew one of their colleagues was the creator of the Joe Biden parody site before his identity was disclosed recently, a campaign source familiar with the matter said. The New York Times revealed Trump campaign consultant Patrick Mauldin as the digital guru behind JoeBiden.info, a website “parody” of the Biden campaign that was designed to highlight unfavorable quotes and gaffes from the former vice president. While his campaign activities and his extracurricular activities appear to be separate functions, Mauldin’s dual status as a bona fide campaign worker and off-duty web guru raises the question of potential campaign finance violations.
Trump Can’t Block Critics from His Twitter Account, Appeals Court Rules
MSN – Charlie Savage (New York Times) | Published: 7/9/2019
President Trump cannot block his critics on Twitter, a federal appeals court ruled in a case that could affect officials’ communications with the public on social media. Because Trump uses Twitter to conduct government business, he cannot exclude some Americans from reading his posts, and engaging in conversations in the replies to them, because he does not like their views, a three-judge panel of the U.S. Court of Appeals for the Second Circuit ruled unanimously. The ruling was one of the highest-profile court decisions yet in a growing constellation of cases addressing what the First Amendment means in a time when political expression increasingly takes place online.
Warren and Whitehouse call for investigation into Chamber of Commerce
The Hill – Alex Gangitano | Published: 7/10/2019
U.S. Sens. Elizabeth Warren and Sheldon Whitehouse are calling for an investigation into whether the U.S. Chamber of Commerce is properly disclosing lobbying activities. The senators wrote a letter to the Secretary of the Senate and the Clerk of the House, where entities file lobbying disclosures, asking for a review of the Chamber’s reports to determine if they are in compliance with the Lobbying Disclosure Act (LDA). The senators reviewed the Chamber’s disclosures from 2008 through the first quarter of 2019 and claim that since the second quarter of 2016, the Chamber has failed to provide information on its affiliated organizations. The LDA requires a coalition or association disclose entities that contribute at least $5,000 a quarter to its lobbying activities and that actively participate in its lobbying activities.
White House Kills Key Drug Pricing Rule to Eliminate Hidden Rebates
Washington Post – Yasmeen Abutaleb | Published: 7/11/2019
The Trump administration pulled one of its key proposals to lower drug prices that would have eliminated rebates to middlemen in Medicare, which President Trump’s top health official had touted as one of the most significant changes to curb medicine costs for consumers. The rule is the second major drug pricing effort to get blocked recently, complicating the administration’s efforts to make lowering prescription medicine costs a key 2020 presidential campaign issue. Drug makers had favored the rule, but it was strongly opposed by pharmacy benefits managers.
Why the Trump White House Is Caught Up in the Jeffrey Epstein Scandal
MSN – Vivian Wang (New York Times) | Published: 7/7/2019
By the time Jeffrey Epstein, the billionaire financier and felon, was arrested recently and charged with sex trafficking, he had been repeatedly accused of pedophilia and sexual abuse for more than a decade. But Epstein, whose acquaintances include two presidents and multiple celebrities, had until then avoided federal prosecution. The case could shed new light not only on the allegations, which span years and countries, but also on the extent to which officials who have been linked to Epstein – including, most notably, President Trump and his labor secretary, Alexander Acosta — knew about or downplayed them.
From the States and Municipalities
California – California Bill Limits Spending by Local Government Groups
AP News – Kathleen Ronayne | Published: 7/9/2019
A California lawmaker wants to limit how local government associations can spend taxpayer money after two city councilors got into a brawl at a recent seminar put on by one of the groups. Assemblyperson Cristina Garcia’s bill targets groups that lobby on behalf of and hold education events for local governments. It specifically references the California Contract Cities Association, but it would also apply to groups such as the League of California Cities and the Independent Cities Association. The bill would prohibit them from using dues collected from cities for anything other than lobbying or expenses directly related to educational seminars. The groups would have to disclose how they spend their money.
Florida – Florida, the Sunshine State, Is Slow to Adopt Rooftop Solar Power
New York Times – Ivan Penn | Published: 7/7/2019
Florida calls itself the Sunshine State. But when it comes to the use of solar power, it trails 19 states, including not-so-sunny Massachusetts, New Jersey, and Maryland. Solar experts and environmentalists blame the state’s utilities. The utilities have hindered potential rivals seeking to offer residential solar power. They have spent tens of millions of dollars on lobbying, ad campaigns, and political contributions. And when homeowners purchase solar equipment, the utilities have delayed connecting the systems for months. In Florida, utilities make money on virtually all aspects of the electricity system – producing the power, transmitting it, selling it, and delivering it. Critics say the companies have much at stake in preserving that control.
Georgia – ‘Drag This Out as Long as Possible’: Former official faces rare criminal charges under open-records law
New York Times – Richard Fausset | Published: 7/8/2019
When he was mayor of Atlanta, Kasim Reed’s relationship with the news media was notoriously contentious. At one news conference, Reed responded to reporters’ requests for records by simultaneously releasing more than 1.4 million pages of documents on paper, stuffed into more than 400 boxes, some of them filled with blank sheets and minuscule spreadsheet printouts – a gesture interpreted by many in the local press corps as an act of nose-thumbing. His former press secretary, Jenna Garland, is now facing criminal charges for allegedly failing to comply with Georgia’s open records law. It is a rare predicament for an American government official, and the allegations will do little to allay investigative reporters’ worst suspicions about the spirit with which bureaucrats receive their nagging, but legal, records requests.
Massachusetts – New Disclosure System Creating Headaches for Lobbyists
Taunton Gazette – Matt Murphy (State House News Service) | Published: 7/11/2019
Multiple lobbyists said that over the course of the past week they have tried to input their data to comply with Massachusetts’ disclosure law – including bills that they are lobbying on, expenditures for clients, and campaign contributions – only to be unable to save their work, have the system crash, or see their data erased. Penalties for late filings start at $50 a day for the first week and grow to $100 after July 20. While a larger firm may be able to absorb some fines, one person who works in the industry said they have seen the bills mount for smaller clients, including non-profits, who are less familiar with their responsibilities to report.
Mississippi – Mississippi Politician Blocks Female Reporter from Campaign Trip
MSN – Karen Zraik (New York Times) | Published: 7/10/2019
State Rep. Robert Foster, who is running for governor of Mississippi, blocked a female reporter from shadowing him on a campaign trip “to avoid any situation that may evoke suspicion or compromise” his marriage. Larrison Campbell of Mississippi Today said Foster’s campaign manager, Colton Robison, told her a male colleague would need to accompany her on a 15-hour campaign trip around the state. In blocking the reporter, Foster invoked the “Billy Graham rule,” which refers to the Christian evangelist’s refusal to spend time alone with any woman who was not his wife. The practice has drawn renewed attention in recent years, especially after the resurfacing of a 2002 comment by Vice President Mike Pence that he would not eat alone with any woman other than his wife.
Missouri – ‘Dream for Fans of Corruption’: Greitens Confide ruling vexes transparency advocates
Kansas City Star – Jason Hancock | Published: 7/9/2019
A Cole County judge ruled former Gov. Eric Greitens did not violate Missouri’s Sunshine Law when he and his government staff used a self-destructing text message app called Confide. Circuit Court Judge Jon Beetem said because the text messages were automatically deleted, it meant they were never officially retained, and therefore were not covered by the law. There is no right for a private citizen to sue under the state’s record retention law, the judge said, so the lawsuit against the governor’s office that was filed in late 2017 could not move forward. “[Beetem’s decision] blows a giant hole in the Sunshine Law, and invites further deliberate, automatic destruction of records by public officials,” said Daxton Stewart, a journalism professor at Texas Christian University.
New York – Cuomo Signs a Bill to Allow Release of Trump’s State Tax Returns
New York Times – Jesse McKinley | Published: 7/8/2019
As the battle over President Trump’s federal taxes intensifies in Washington, New York Gov. Andrew Cuomo signed a bill to allow congressional committees to access the president’s state tax returns. The bill requires state tax officials to release the president’s state returns for any “specified and legitimate legislative purpose” on the request of the chairperson of one of three congressional committees. It is effective immediately, though it is unclear whether it would be challenged by the administration or used by the congressional committees. Still, the state tax documents from New York, the president’s home state and business headquarters, would likely contain much of the same information as the contested federal returns, tax experts say.
New York – Legendary ‘Three Stooges’ Were Briefly NY Campaign Donors
Albany Times Union – Chris Bragg | Published: 7/10/2019
Last year, a campaign account controlled by Nick Langworthy, the new chairperson of the New York State Republican Party, received nearly $13,000 in donations from “Moe Howard” and “Larry Howard,” and also made a $150 payment to “Curly Howard,” according to campaign finance records. A state GOP spokesperson said the Three Stooges’ listing in the campaign filings resulted from errors by the committee’s campaign treasurer, who had put the names in as “placeholders” for real, living peoples’ donations made through PayPal. The Stooges’ names were then accidentally left in place when reports were filed with the state Board of Elections.
North Dakota – North Dakota House Energy Committee Chairman Says Business Relationship with Lobbyist Unrelated to Legislative Work
Grand Forks Herald – John Hageman | Published: 7/8/2019
The chairperson of the North Dakota House’s energy committee defended a business relationship with the state’s top oil and gas lobbyist. Rep. Todd Porter and North Dakota Petroleum Council President Ron Ness are both listed in state records as partners in a commercial real estate investment group. Porter said the relationship does not affect his decision-making at the Capitol because the oil industry is unrelated to the property partnership, which he said includes 42 partners. He said he and Ness were friends “long before” he joined the Legislature in 1999.
Oklahoma – Stitt Outlaws State Agency Lobbyist Hiring with Executive Order
Tulsa World – Keaton Ross (The Oklahoman) | Published: 7/6/2019
Oklahoma Gov. Kevin Stitt issued an executive order that bars state agencies from hiring outside lobbyists as long as he remains in office. Stitt first addressed lobbying in state government in January, when he filed an executive order requiring all state agencies to submit a list of every lobbyist they hired and the terms of their contract. This order also prohibited agencies from entering into, or renewing, any contract with a lobbyist through the duration of Fiscal Year 2019. A total of 35 state agencies hired lobbyists last fiscal year. Some paid local public relations firms, while others consulted with individuals.
Oregon – Political Theater Overshadows Policy; Some Fear Oregon’s Drift Toward D.C. Politics
Salem Statesman-Journal – Connor Radnovich | Published: 7/3/2019
Bookended by concerns about safety in the Oregon Capitol and packed in the middle with partisan squabbling that exploded into a pair of Senate Republican walkouts, 2019 was one of the most contentious sessions in recent history. There is concern among legislative leaders it could get worse. Senate President Peter Courtney said lawmakers across the country are starting to mimic the “legislative anarchy” he sees in Congress, and without a functioning legislative branch, he fears over-powered executives. In February, the Legislature agreed to pay more than $1 million in damages after an investigation by the Bureau of Labor and Industries determined legislative leadership created a hostile workplace by allowing sexual harassment to continue unabated for years against lawmakers, interns, staff, and lobbyists.
July 5, 2019 •
News You Can Use Digest – July 5, 2019
National/Federal 2020 Census Will Not Include Citizenship Question, DOJ Confirms Philadelphia Inquirer – Ann Marimow, Matt Zapotosky, and Tara Bahrampour (Washington Post) | Published: 7/2/2019 In a defeat for President Trump, his administration ended its effort to add a citizenship question […]
National/Federal
2020 Census Will Not Include Citizenship Question, DOJ Confirms
Philadelphia Inquirer – Ann Marimow, Matt Zapotosky, and Tara Bahrampour (Washington Post) | Published: 7/2/2019
In a defeat for President Trump, his administration ended its effort to add a citizenship question to the 2020 U.S. census, saying it will begin printing forms that do not include the contentious query. The move comes days after the U.S. Supreme Court the rationale for the question as “contrived.” Officials determined there would not be enough time to continue the legal battle and meet the printing deadlines for the census questionnaire. Critics of the question, including some at the Census Bureau, said it could cause an undercount of millions of people in immigrant communities who would be afraid to return the form, leading to an inaccurate number that could skew representation and apportionment in favor of Republican areas.
Ethics Panel Launches Gaetz Investigation Over Cohen Tweet
Politico – Kyle Cheney | Published: 6/29/2019
The House Committee on Ethics announced it is investigating U.S. Rep. Matt Gaetz for a February tweet in which he threatened to release embarrassing personal information about President Trump’s former lawyer, Michael Cohen. The committee said it has opened a formal inquiry into Gaetz’s comment based on a complaint from a fellow lawmaker, who is not identified. According to the ethics panel, Gaetz disregarded an initial review of the complaint, an extraordinary rebuke to his colleagues. Gaetz’s initial attack on Cohen came a day before the former Trump confidant was slated to testify to the House Oversight Committee, a high-profile hearing in which Cohen ultimately slammed the president as dishonest and provided evidence he paid hush money to women ahead of the 2016 election.
Gregory Craig Preps for Trial Tightrope in Foreign Agent Case
Law.com – Andrew Strickler | Published: 7/1/2019
Attorney Gregory Craig was charged with misleading Department of Justice officials six years ago about a Skadden Arps Slate Meagher & Flom report commissioned by Paul Manafort and public-relations activities that would have triggered a duty for Skadden to publicly register under the Foreign Agents Registration Act (FARA). Craig has vehemently denied lying to FARA officials or helping spin the report to influence a U.S. audience. He has also argued that neither of the government’s charged statutes imposed a clear obligation on him to reveal to FARA officials all the information they might have wanted to know.
House Democrats Sue for Trump’s Tax Returns
Politico – Brian Faler | Published: 7/2/2019
House Democrats sued for President Trump’s tax returns, marking the beginning of a high-stakes legal fight over his efforts to keep them secret. Democrats are seeking six years’ worth of returns under a 1924 law allowing the leaders of Congress’ tax committees to examine anyone’s confidential tax information. Democrats hope the documents will answer a host of questions about Trump’s finances. The president has defied a decades-old tradition of presidents voluntarily releasing their returns, and his administration is fighting the effort to force his hand, arguing Democrats do not have a legitimate reason for seeking the information. While the fight over Trump’s taxes could be lengthy, with the administration likely to try to drag out the proceedings beyond next year’s elections, some see signs the courts are trying to move quickly on the oversight challenges.
It’s a Question No One Says They Want to Ask. But the Women Running for President Keep Hearing It.
New York Times – Lisa Lerer | Published: 7/2/2019
Three years after nominating the first woman in history to head a presidential ticket, nearly six months after a wave of energized women swept Democrats into power in the U.S. House, and as a record number of women run for president, the party finds itself grappling with the strangely enduring question of the electability of women, and with the challenge for the candidates of refuting it before it becomes a self-fulfilling prophecy. Privately, Democratic strategists, candidates, and officials say they have been alarmed by how deeply doubts about female electability have taken hold. A portion of the party’s voters suggest they are eager to see a woman on the ticket but fear that putting her in the top slot could cost them the White House again.
Journalists, Pundits and Retired Politicians Put on a Show for Lobbyists
MAPLight.org – Andrew Perez, Abigail Luke, and Tom Zelina | Published: 7/2/2019
The practice of paying high-profile Washington, D.C. insiders to speak at industry trade shows and conferences, known as “buckraking,” is not a recent development. But as the rules on political participation by nonprofits and trade associations have been loosened, it has become common for lobbying groups to pay large sums to influential insiders who drive news coverage and public opinion. Guidelines on paid speeches vary widely across the industry, although the Society of Professional Journalists calls for reporters and editors to “refuse gifts, favors, fees, free travel and special treatment, and avoid political and other outside activities that may compromise integrity or impartiality, or may damage credibility.”
NRA Meltdown Has Trump Campaign Sweating
Politico – Alex Isenstadt | Published: 7/3/2019
The National Rifle Association (NRA) aired an avalanche of television ads and pushed its five million-plus members to the polls for Donald Trump in 2016, propelling him in the Rust Belt states that delivered him the presidency. Now, the gun rights group is in total meltdown and senior Republicans and Trump campaign officials are alarmed. The turmoil is fueling fears that the NRA will be diminished heading into the election, leaving the Republican Party with a gaping hole in its political machinery. With the Chamber of Commerce and Koch political network withdrawing from their once-dominant roles in electing conservatives, Republicans worry that three groups that have long formed the core of their electoral infrastructure will be effectively on the sidelines.
Rep. Duncan Hunter’s Affairs with Congressional Staff Raise Sexual Harassment Concerns
Roll Call – Emily Kopp | Published: 6/28/2019
Republican Party leaders have demurred on whether U.S. Rep. Duncan Hunter should resign over revelations he pursued relationships with two congressional staffers, including one of his own aides. But that does not mean allegations that Hunter had “intimate relationships,” as U.S. attorneys described them in a recent court filing, with two staffers will not trigger consequences on Capitol Hill. The relationships were revealed in a motion filed in connection with Hunter’s upcoming trial on charges alleging he misused campaign funds for personal expenses. Hunter dipped into campaign coffers to pay for drinks out, couples’ trips, and Uber rides from the women’s homes to his congressional office, prosecutors say. The relationships predate a law that amended the House’s code of conduct to prohibit members of Congress from dating subordinates. But Hunter’s behavior still raises ethical concerns, experts say.
‘The Enigma of the Entire Mueller Probe’: Focus on origins of Russian investigation puts spotlight on Maltese professor
MSN – Rosalind Helderman, Shane Harris, and Ellen Nakashima (Washington Post) | Published: 6/30/2019
A conversation between Maltese-born academic Joseph Mifsud and Trump campaign aide George Papadopoulos, eventually relayed by an Australian diplomat to U.S. government officials, was cited by special counsel Robert Mueller as the event that set in motion the FBI probe into ties between the Trump campaign and Russia. With Attorney General William Barr’s review of the counterintelligence investigation underway, the origins of the inquiry itself are now in the spotlight and with them, the role of Mifsud. Some of President Trump’s allies and advisers have been floating a provocative theory: that Mifsud was a Western intelligence plant, citing exaggerated and at times distorted details about his life. Such a notion runs counter to the description of Mifsud in the Mueller report, which states he “had connections to Russia” and “maintained various Russian contacts.”
The Nationwide Battle Over Gerrymandering Is Far from Over
Politico – Steven Shepard and Scott Bland | Published: 6/27/2019
The U.S. Supreme Court’s ruling that federal courts have no business deciding how much partisan gerrymandering is too much did not end the fight over how politicians draw political lines, it just moved the battlefield. The justices accelerated the race between the two parties to tilt the system to their advantage by electing as many governors and legislators as possible or, in some states, getting voters to support ballot measures to take the redistricting process out of politicians’ hands by 2021. While the justices closed off filing legal challenges to gerrymandering in federal courts, they explicitly said those lawsuits are still fair game in state courts. It was there that Democratic-aligned plaintiffs successfully demolished Pennsylvania’s Republican-drawn congressional map before the 2018 elections.
Trump Advisers Pursue Democratic Drug-Price Ideas as Campaign Looms
Washington Post – Yasmeen Abutaleb, Josh Dawsey, and Laurie McGinley | Published: 7/2/2019
As President Trump presses to make health care a central plank of his 2020 reelection bid, he is frustrated with those he thinks are thwarting his ability to deliver on a major campaign promise: lowering drug prices. That has included Health and Human Services Secretary Alex Azar, a former drug executive who until very recently pushed back on proposals to import lower-cost drugs from Canada and negotiate drug prices in Medicare. Now, though, under pressure to deliver campaign talking points, Azar has reversed his long-standing opposition to ideas traditionally espoused by Democrats and reviled by most Republicans and the drug industry.
Trump Facebook Ads Use Models to Portray Actual Supporters
AP News – Robert Condon | Published: 7/2/2019
A series of Facebook video ads for President Trump’s re-election campaign shows what appears to be a young woman strolling on a beach in Florida, a Hispanic man on a city street in Texas, and a bearded hipster in a coffee shop in Washington, D.C., all making glowing, voice-over endorsements of the president. But the people in the videos that ran in the past few months are all actually models in stock video footage produced far from the U.S. in France, Brazil, and Turkey, and available to anyone online for a fee. Though the 20-second videos include tiny disclaimers that say, “actual testimonial, actor portrayal,” they raise the question why a campaign that can fill arenas with supporters would have to buy stock footage of models.
Twitter Adds Labels for Tweets That Break Its Rules – a Move with Potentially Stark Implications for Trump’s Account
Boston Globe – Elizabeth Gwoskin and Tony Romm (Washington Post) | Published: 6/27/2019
Political figures who use Twitter to threaten or abuse others could find their tweets slapped with warning labels. The new policy comes amid complaints that President Trump has gotten a free pass from Twitter to post hateful messages and attack his enemies in ways they say could lead to violence. From now on, a tweet that Twitter deems to involve matters of public interest, but which violates the service’s rules, will be obscured by a warning explaining the violation. Users will have to tap through the warning to see the underlying message, but the tweet will not be removed. Twitter said the policy applies to all government officials, candidates and similar public figures with more than 100,000 followers. In addition to applying the label, Twitter won’t use its algorithms to “elevate” or otherwise promote such tweets.
Ukraine Role Focuses New Attention on Giuliani’s Foreign Work
New York Times – Kenneth Vogel | Published: 6/30/2019
Pavel Fuks, a wealthy Ukrainian-Russian developer looking for ways to attract more investment from the U.S. to his hometown of Kharkiv, Ukraine, enlisted an especially well-connected American to help him: Rudolph Giuliani. Fuks hired Giuliani, who in 2018 would become the president’s personal lawyer, under a one-year deal to help improve Kharkiv’s emergency services and bolster its image as a destination for investment. Fuks’s description of Giuliani as a lobbyist further highlighted a controversy over what some say is a pattern by Giuliani of providing influence with the Trump administration. Democrats have asked whether Giuliani’s role working in a number of foreign countries fits the legal definition of lobbying and requires him to register as a foreign agent, something Giuliani has not done.
Welcome to 2020, the Era of Crowdfunded Presidential Debates
Washington Post – Michelle Ye Hee Lee | Published: 7/2/2019
Democrats this year are giving not only to help their preferred candidates, but also to offer a small token of appreciation for a clever policy idea for someone else, or to keep an underdog in the game. Welcome to the 2020 primaries, an era of crowdfunded presidential debates. Campaign donations and debates have become intermingled this year, with the Democratic National Committee for the first time requiring that candidates reach a certain number of donors to qualify for primary debates. That has created an intense focus on fundraising, with candidates asking supporters for money specifically to help them qualify for the widely watched forums. More than 100 debate viewers from across the country responded to a call-out by The Washington Post on Instagram, asking them about the moments that resonated with them and drove them to give money.
From the States and Municipalities
Arizona – A GOP Governor Wants to Cancel a Nike Contract after Flag-Shoe Flap, but the City It’s Headed for Isn’t Backing Down
Greenwich Time – Eli Rosenberg and Michael Brice-Saddler (Washington Post) | Published: 7/3/2019
Nike stopped production of shoes that featured the image of an American flag after former NFL quarterback Colin Kaepernick reportedly lodged a complaint. Kaepernick, who is a face of the company, said he found the Betsy Ross flag designed in 1777 offensive because of its connection to the era of slavery. Arizona Gov. Doug Ducey said he ordered state authorities to revoke an incentive package it offered Nike to open a factory in the state. But Goodyear Mayor Georgia Lord said the city would honor the agreement. Boycotts by companies and independent contractors over governmental policies that cross what some see as lines on race or gender have become a common. Ducey’s decision inverted the calculation – in this case, a state would monetarily punish a private company for a political decision it made.
Connecticut – They Love Public Financing. The Oversight, Not as Much.
Connecticut Mirror – Mark Pazniokas | Published: 7/3/2019
Watchdogs are concerned the Connecticut General Assembly’s relationship with the State Elections Enforcement Commission (SEEC) could undermine campaign finance reforms adopted in 2005. Near the end of the 2019 session, a deal by legislative leaders sped an elections bill that contained a calculated slap at the SEEC through the Senate in little more than a minute. It would have set term limits on the agency’s director, treating elections enforcement differently than the state’s other watchdogs. The measure marked the fifth time since 2011 the Legislature has at least attempted to curb the powers of the SEEC or loosen campaign finance rules, reflecting a longstanding antipathy towards the agency that not only enforce the laws, but bankrolls campaigns.
Missouri – Meet the Consultant Who Got Stenger Elected, and Why He’s Still ‘Proud’ He Won
St. Louis Post-Dispatch – Jacob Barker | Published: 6/30/2019
Two days after Steve Stenger pleaded guilty to federal “pay-to-play” charges, Democratic consultant Michael Kelley was on television, sounding as though he barely knew the former St. Louis County executive. “… An absolutely ridiculous thing for Steve Stenger to have been involved in,” Kelly said. Left unsaid was the fact that Stenger’s campaign had paid Kelley’s Show Me Victories – the political communications arm of the Kelley Group – $550,000 during his two successful election campaigns. Nor did Kelley mention that Stenger, as county executive, had been a regular at the Kelley Group’s offices, visiting almost weekly for meetings in 2018. In addition to the Stenger campaign, Show Me Victories has worked on nearly every major local ballot proposition in the last few years.
New Jersey – U.S. Supreme Court to Hear Bridgegate Appeal. Stunning Move Keeps Alive Case That Dogged Christie.
Newark Star Ledger – Ted Sherman (NJ Advance Media) | Published: 6/28/2019
Bridget Anne Kelly, the one-time aide to former New Jersey Gov. Chris Christie whose “time for some traffic problems” email became a key focal point of the Bridgegate corruption scandal, will get a final chance to argue she was wrongfully convicted. The U.S. Supreme Court agreed to hear Kelly’s appeal – weeks before she is due to report to federal prison – reviving a case that many had thought was finally over. The decision to review her conviction could raise new questions about the ability of the government to take on major political prosecutions, by a court that has taken aim at a number of high-profile corruption cases in recent years. Lawyers for Kelly had argued that federal prosecutors used criminal fraud statutes typically used in cases of personal gain, such as bribery, to instead criminalize routine political behavior.
North Dakota – Legislator as Landlord: Financial disclosures don’t highlight state agency leases with North Dakota elected officials
Jamestown Sun – John Hageman | Published: 6/30/2019
Several current or former elected state officials in North Dakota have an interest in property rented by state agencies, but those financial relationships were not readily apparent on campaign disclosure forms. The officials defended the leases, which are not awarded through a formal competitive bidding process, as a byproduct of North Dakota’s citizen-run Legislature and said they do not affect their decision-making. Dina Butcher, who led the effort to pass last year’s ballot measure etching new ethics rules into the state constitution, did not directly criticize the state officials because the arrangements are not illegal, and she was not aware of any leases being unfairly awarded. But she said the ethics commission created by Measure 1 may take up the issue once it is formed.
Oregon – Campaign Finance Limits on Track to Oregon Ballot
Oregon Public Broadcasting – Jeff Mapes | Published: 7/1/2019
Voters in Oregon will decide next November whether the state constitution should allow limits on campaign donations. Legislative approval of the historic campaign finance measure comes three months after The Portland Oregonian revealed how the outsize influence of corporate campaign money helped limit environmental protections in a state that once aimed to be an environmental pioneer. Per capita, corporate interests have given more money to the average Oregon lawmaker than in any state in the country, the investigation found. Lawmakers also passed House Bill 2716, under which some large funders will need to be disclosed in some advertisements.
Texas – How a Longtime Aide to Texas Gov. Greg Abbott Became a Top Lobbyist
Austin American-Statesman – Asher Price | Published: 6/27/2019
Daniel Hodge, a former aide to Texas Gov. Greg Abbott who is now a lobbyist, earned as much as $3.7 million this year representing more than two dozen clients at the state Legislature. It illuminates how someone like Hodge can, within a couple of years of hanging a shingle, become one of the highest-paid lobbyists in the state. Longtime lobbyists say the transition is a natural one, using knowledge learned and relationships built in the public sector for effective advocacy outside it. But watchdogs have pointed to the close link between the Legislature and those who peddle access to government funds as an erosion of public trust. In recent years, lawmakers have tried, with limited success, to expand restrictions on the path from state government to lobbying.
Wyoming – Wyoming Tribe Funded Effort to Kill Gambling Regulations; Sides Dispute Who Created the Group
Casper Star-Tribune – Nick Reynolds | Published: 7/1/2019
A casino managed by the Northern Arapaho tribe gave thousands of dollars to a secretive organization trying to defeat regulated gambling in Wyoming, records show, but tribal officials say they were duped by their lobbyist who set up the group. The tribe fired the lobbyist, Mark Howell recently. Howell, and a minority of tribal leadership, denied the officials’ version of events, saying they ordered the group’s creation. The Wind River Hotel and Casino put more than $80,000 into the Wyoming Public Policy Center, which formed prior to the 2019 legislative session. The group has spent more than $60,000 in lobbying expenses and engaged in a sophisticated advertising campaign. Little had been known about the group’s activities prior to the filing. Hidden behind a wall of anonymous filings in multiple jurisdictions, the group had been afforded a level of secrecy unavailable in states with stricter corporate filing laws.
June 28, 2019 •
News You Can Use Digest – June 28, 2019
National/Federal Beltway ‘Inundated’ with Fundraisers as Deadline Nears Roll Call – Kate Ackley | Published: 6/25/2019 The subject line of a recent email solicitation from U.S. Rep. Elissa Slotkin’s campaign captures the upcoming fundraising scene in Washington perfectly: “You’re about to […]
National/Federal
Beltway ‘Inundated’ with Fundraisers as Deadline Nears
Roll Call – Kate Ackley | Published: 6/25/2019
The subject line of a recent email solicitation from U.S. Rep. Elissa Slotkin’s campaign captures the upcoming fundraising scene in Washington perfectly: “You’re about to be inundated. Sorry in advance.” With the second quarter fundraising deadline looming, lawmakers are sounding the alarms for their donors – making pleas to far-flung, small-dollar givers online and reliable contributors from K Street’s lobbying community to help them boost their numbers. Even though lawmakers and their challengers still have 17 months before the 2020 elections, the second quarter of this year can be pivotal for incumbents looking to scare away potential opponents in primaries or even the general election with impressive cash-in-hand totals.
Biden’s Ties to Segregationist Senator Spark Campaign Tension
Boston Globe – Matt Viser and Annie Linskey (Washington Post) | Published: 6/20/2019
When Joe Biden was a freshman in the U.S. Senate, he reached out to an older colleague for help on one of his early legislative proposals: the courts were ordering racially segregated school districts to bus children to create more integrated classrooms, a practice Biden opposed and wanted to change. The recipient of Biden’s entreaty was Sen. James Eastland, at the time a well-known segregationist who had called blacks “an inferior race” and once vowed to prevent blacks and whites from eating together in Washington. The exchange, revealed in a series of letters, offers a new glimpse into an old relationship that erupted as a major controversy for Biden’s presidential campaign.
Candidates Hunt Desperately for Viral Moments
MSN – Amy Wang (Washington Post) | Published: 6/24/2019
As the crowded field of Democratic candidates jostle for the presidential nomination, the hunt for elusive breakout opportunities is increasingly urgent. But while viral moments are presented as spontaneous – and uniquely revealing about the candidates — the process can be anything but random, and the campaigns are devoting significant resources to spotting, cultivating, and publicizing them. Or in some cases, creating them outright. A good viral moment can help a candidate stand out in the sprawling field. A great one can telegraph positive qualities – humor, intelligence, compassion – in ways that reverberate far beyond the reach of a coffee shop in New Hampshire. In the best-case scenario, a single episode pushes interested voters over the fence to become full-fledged supporters.
Claiming to Be Cherokee, Contractors with White Ancestry Got $300 Million
Los Angeles Times – Adam Elmahrek and Paul Pringle | Published: 6/26/2019
An investigation by The Los Angeles Times demonstrates a failure in the efforts to help disadvantaged Americans by steering municipal, state, and federal contracts to qualified minority-owned companies. Since 2000, the federal government and authorities in 18 states have awarded more than $300 million under minority contracting programs to companies whose owners made unsubstantiated claims of being Native American. The vetting process for Native American applicants appears weak in many cases, government records show, and officials often accept flimsy documentation or unverified claims of discrimination based on ethnicity. The process is often opaque, with little independent oversight.
Duncan Hunter Had Affairs with Women He Worked With, Including His Own Aide
Roll Call – Katherine Tully-McManus | Published: 6/25/2019
U.S. Rep. Duncan Hunter illegally used campaign donations to finance extramarital romantic relationships with women he worked alongside, including one of his own aides, according to federal prosecutors. Hunter pursued five “intimate relationships” in total, and tapped donor funds to finance his liaisons, including ski trips, nights out in Washington, D.C., and Uber rides between his office to their homes. Government attorneys argued information about the relationships should be heard during the trial because they are central to his case, not “prurient.” Hunter’s infidelities have been alluded to in public court documents before, but the affairs were only described as “personal relationships.” Hunter faces trial in September for allegedly using his campaign committee as a personal bank account.
EPA’s Top Air Policy Official Steps Down Amid Scrutiny Over Possible Ethics Violations
Brainard Dispatch – Juliet Eilperin and Brady Dennis (Washington Post) | Published: 6/26/2019
Bill Wehrum spent only a year and a half as the Environmental Protection Agency’s (EPA) top air official before announcing plans to resign amid scrutiny over possible violations of federal ethics rules. EPA Administrator Andrew Wheeler did not cite a specific reason for the departure of Wehrum, who as an attorney represented power companies seeking to scale back air pollution rules. But Wehrum has privately expressed concern about how an ongoing House Energy and Commerce Committee probe was affecting his former law firm, Hunton Andrews Kurth. The committee launched an inquiry of Wehrum after it was reported that questions had been raised about his compliance with President Trump’s ethics pledge, which requires political appointees to recuse themselves from specific matters involving their former employers and clients for two years.
FEC Fines Florida-Based Company for Illegal Contribution to Support Rick Scott’s 2018 Campaign
Roll Call – Stephanie Aiken | Published: 6/25/2019
The FEC fined a Florida company for making an illegal campaign contribution to support Rick Scott’s 2018 campaign for the U.S, Senate. The $9,500 fine levied against Ring Power Corp., which sells and leases industrial machinery, represents a rare penalty for a company found to have violated a 75-year-old ban on campaign contributions from federal contractors. Ring Power has received federal contracts and grants since 2007. The New Republican PAC, a Super PAC supporting Scott’s campaign, returned the $50,000 contribution in August, shortly after the Campaign Legal Center filed a complaint.
GOP to Launch New Fundraising Site as Dems Crush the Online Money Game
Politico – Alex Isenstadt | Published: 6/23/2019
Republicans are set to launch a long-awaited, much-delayed online fundraising platform, a move aimed at closing Democrats’ small-donor money advantage ahead of the 2020 election. WinRed is being billed as the GOP’s answer to the Democratic Party’s ActBlue, which has already amassed over &174 million this year. The new tool is intended to reshape the GOP’s fundraising apparatus by creating a centralized, one-stop shop for online Republican giving, which the party has lacked to this point. Republicans until now have had a factionalized ecosystem of vendors that stymied efforts to unify behind a single fundraising vehicle.
Judge: Democrats’ emoluments case against Trump can proceed
San Jose Mercury News – Ann Marimow, Jonathan O’Connell, and Carol Leonnig (Washington Post) | Published: 6/25/2019
Rejecting a request from President Trump, a federal judge cleared the way for nearly 200 Democrats in Congress to continue their lawsuit against him alleging his private business violates an anti-corruption provision of the Constitution. U.S. District Court Judge Emmet Sullivan declined to put the case on hold and said lawmakers could begin seeking financial information, interviews, and other records from the Trump Organization. The administration still can try to delay or block Democrats in Congress from issuing subpoenas for the president’s closely held business information by appealing directly to the U.S. Court of Appeals for the District of Columbia Circuit to intervene.
Mueller to Testify to Congress, Setting Up a Political Spectacle
New York Times – Nicholas Fandos | Published: 6/25/2019
Former special counsel Robert Mueller will testify to Congress in open session on July 17 after being subpoenaed by two committees. Coming nearly three months after the release of his report on Russia’s election interference and possible obstruction of justice by President Trump, Mueller’s testimony has the power to potentially reshape the political landscape around Trump’s re-election campaign and a possible impeachment inquiry by the House. The question is what Mueller will be willing to say. He conducted his work in absolute private, despite incessant attacks by Trump in public and from within the White House, and ultimately issued a lengthy report that raised as many questions as it answered.
Supreme Court Leaves Census Question on Citizenship in Doubt
MSN – Adam Liptak (New York Times) | Published: 6/27/2019
The U.S. Supreme Court sent back to a lower court a case on whether the census should contain a citizenship question, leaving in doubt whether the question would be on the 2020 census. Chief Justice John Roberts, writing for the majority, said the explanation offered by the Trump administration for adding the question – asking whether a person is a citizen – was inadequate. But he left open the possibility that it could provide an adequate answer. Government experts predicted that asking the question would cause many immigrants to refuse to participate in the census, leading to an undercount of about 6.5 million people. That could reduce Democratic representation when congressional districts are allocated in 2021 and affect how hundreds of billions of dollars in federal spending are distributed.
Supreme Court Says Federal Courts Don’t Have a Role in Deciding Partisan Gerrymandering Claims
MSN – Robert Barnes (Washington Post) | Published: 6/27/2019
The U.S. Supreme Court ruled federal courts have no role to play in the dispute over the practice known as partisan gerrymandering, dealing a blow to efforts to combat the drawing of electoral districts for partisan gain. The court rejected challenges to Republican-drawn congressional districts in North Carolina and a Democratic district in Maryland. Voters and elected officials should be the arbiters of what is essentially a political dispute, Chief Justice John Roberts said in his opinion for the court. The ruling puts a stop to recent decisions by federal courts across the country that have found extreme partisan gerrymandering went so far as to violate the constitutional rights of voters.
Walmart to Pay $282 Million Over Foreign Corruption Charges
AP News – Matthew Barakat | Published: 6/20/2019
Walmart agreed to pay $282 million to settle federal allegations of overseas corruption, including funneling more than $500,000 to an intermediary in Brazil who was known as a “sorceress” for her uncanny ability to make construction permit problems disappear. U.S. authorities went after Walmart under the Foreign Corrupt Practices Act, which prohibits American companies operating abroad from using bribery and other illegal methods. The company settled both civil charges brought by the Securities and Exchange Commission and a criminal case by federal prosecutors in Virginia. It said the two settlements close the books on federal investigations that sand have collectively cost the company more than $900 million.
When Trump Visits His Clubs, Government Agencies and Republicans Pay to Be Where He Is
MSN – David Fahrenthold, Josh Dawsey, Jonathan O’Connell, and Michelle Ye Hee Lee (Washington Post) | Published: 6/20/2019
Since taking office, President Trump has faced pushback about his official visits to his properties from some of his aides, including inside the White House counsel’s office. They worried about the appearance that he was using the power of the presidency to direct taxpayer money into his own pockets, but Trump has rebuffed such warnings. In all, his scores of trips have brought his private businesses at least $1.6 million in revenue, from federal officials and Republican campaigns who pay to go where Trump goes. Campaign finance records show several GOP groups paying to hold events where Trump spoke. Republican fundraisers say they do that, in part, to increase the chances Trump will attend. It has also reshaped the spending habits of the federal government, turning the president into a vendor.
Canada
Canada – Lobbying Watchdog Says Glitch in System Skewed Volume of Registrations
Hill Times – Beatrice Paez | Published: 6/26/2019
Canadian Prime Minister Justin Trudeau’s tenure in office has undoubtedly brought a surge in lobbying activity, but a glitch in the registry’s system resulted in an overrepresentation of the number of lobbyists actively registered, Lobbying Commissioner Nancy Bélanger said. “During the past year, we realized that the numbers recorded in last year’s [report] included lobbyists whose registrations were no longer active,” Bélanger said. Still, the office has seen a steady uptick in the volume of communication reports posted since Trudeau took office in 2015.
From the States and Municipalities
Arkansas – Former Arkansas Lawmaker Pleads Guilty in Corruption Cases
AP News – Andrew DeMillo | Published: 6/25/2019
A former Arkansas lawmaker who is Gov. Asa Hutchinson’s nephew pleaded guilty to accepting bribes and filing a false tax return. Former state Sen. Jeremy Hutchinson also agreed to plead guilty to one count of conspiracy in a separate federal case in Missouri where he has been charged with accepting bribes to help Preferred Family Healthcare. Hutchinson admitted he took more than $10,000 in campaign funds for his personal use and did not report $20,000-per-month payments he received from one law firm and other sources of income he knowingly concealed from his taxes. Hutchinson also pleaded guilty to conspiracy to commit bribery and admitted to accepting more than $150,000 from the co-owner of orthodontic clinics in exchange for efforts to change a dental practices law.
Connecticut – Connecticut’s Search for a New Ethics Watchdog
Connecticut Mirror – Mark Pazniokas | Published: 6/20/2019
The Citizens’ Ethics Advisory Board is seeking a successor to Carol Carson as executive director of the Office of State Ethics, an agency that was new and struggling to find its way when she was hired. Carson, who is retiring on August 1, is credited with returning stability and credibility to the role of ethics watchdog, enforcing the ethics code for state officials, and overseeing the lobbying industry at the Capitol. “Let’s be clear about something: there is no replacing Carol Carson,” said Dena Castricone, the board’s chairperson.
Florida – When It Comes to Holding NRA Lobbyist Marion Hammer Accountable, Florida Senate Ignores Own Rules
Florida Bulldog – Dan Christensen | Published: 6/20/2019
The Florida Senate is apparently not going to ask longtime National Rifle Association (NRA) lobbyist Marion Hammer why she has not reported income from the group for more than a decade. Sen. Perry Thurston and Rep. Anna Eskamani filed complaints demanding the Legislature investigate Hammer for failing to disclose annual lobbying payments since 2007 as required by Florida law. It has been reported that records show the NRA paid Hammer more than a $750,000 between 2014 and 2018, yet none of it appears on quarterly compensation reports. But Senate Rules Committee Chairperson Lizbeth Benacquisto sent the complaint back to the Office of Legislative Services, which operates within the Senate president’s office, for “review” and “appropriate action.”
Indiana – Council Lawyer: Mayor unlikely to appeal campaign contribution ordinance
Fort Wayne Journal Gazette – Dave Gong | Published: 6/25/2019
Fort Wayne Mayor Tom Henry’s administration is unlikely to appeal a court ruling that struck down a controversial ordinance limiting campaign contributions from city contractors, city council attorney Joe Bonahoom wrote in a memorandum to the council president. Allen Superior Court Judge Jennifer DeGroote blocked the city from enforcing the ordinance recently after Kyle and Kimberly Witwer of Witwer Construction challenged the ordinance in a lawsuit. The ordinance forbade any company from bidding on a city contract if any owner, partner, or principal who owns more than 10% of that company gave more than $2,000 to the political campaign of a person with responsibility for awarding contracts.
Maryland – Baltimore’s Budget for Ethics Enforcement: $0
Baltimore Sun – Ian Duncan | Published: 6/25/2019
In the midst of multiple investigations into former Baltimore Mayor Catherine Pugh’s financial dealings, the city did not budget any money for ethics oversight. No city staff are dedicated to enforcing ethics rules and the word “ethics” appears nowhere in the city’s 1,035-page budget proposal for the coming year. Instead, the six-member staff of the Department of Legislative Reference must spend part of their time assisting the city’s volunteer ethics board, processing disclosure forms, answering questions from city employees, and investigating complaints.
New Jersey – NJ ‘Dark Money’ Law Faces First Lawsuit Challenging Requirement to Name Secret Donors
Bergen Record; Staff – | Published: 6/26/2019
A libertarian advocacy group filed a federal lawsuit challenging New Jersey’s newly signed “dark money” law that requires political groups to reveal their big-spending funders, legislation Gov. Phil Murphy signed despite earlier vetoing the bill and calling it “unconstitutional.” Americans for Prosperity asked a federal judge to prevent New Jersey officials from enforcing the law until the suit is decided and to declare the law unconstitutional. The law requires 501(c)(4) political nonprofits and 527 political organizations to report all funders that give more than $10,000 or spend more than $3,000. Americans for Prosperity says the law goes beyond typical campaign finance rules that cover only election-related ads. New Jersey will now also make groups report funders for ads on ballot measures, legislation, and policymaking, which grassroots groups say will prevent people from donating to them.
Oregon – Oregon Republicans Not Making Clear Whether They’ll Return to Salem, What They Want to Get Them Back
Portland Oregonian – Hillary Borrud and Mike Rogoway | Published: 6/26/2019
As the Oregon Senate Republicans’ walkout continues, there are no signs at the Capitol or elsewhere that members of the minority caucus will return soon. And publicly, they seem to be sending mixed messages about what they want if they agree to do so. Senate Republicans have drawn national attention since they fled the state to deny Democrats quorum for a vote on a bill to cap emissions. It turns out, however, that Democrats were one vote short of the 16 senators needed to pass the bill, so it would have been stopped from passage anyway.
Wyoming – A Mystery Group Has Been Pushing to Stop Gambling Regulation in Wyoming
Casper Star-Tribune – Nick Reynolds | Published: 6/25/2019
Over the past several months, a grassroots organization of obscure origin called the Wyoming Public Policy Center has been fighting to defeat gambling regulations proposed in the state Legislature, employing experienced lobbyists and anonymously authored policy papers in efforts to influence decision making. But the group was not registered with the state until after The Casper Star-Tribune began asking questions. In Wyoming, lobbyists and lobbying groups are required to register with the state. Despite that, there is little anyone can do about it: a combination of weak state laws and few mechanisms for law enforcement make it difficult to hold such groups accountable.
June 21, 2019 •
News You Can Use Digest – June 21, 2019
National/Federal A Foreigner Paid $200,000 for Tickets to Trump’s Inaugural. Now He Says He Was Duped. MSN – Kenneth Vogel (New York Times) | Published: 6/18/2019 Pavel Fuks, a Ukrainian-Russian developer, said he paid $200,000 for VIP tickets to Donald Trump’s […]
National/Federal
A Foreigner Paid $200,000 for Tickets to Trump’s Inaugural. Now He Says He Was Duped.
MSN – Kenneth Vogel (New York Times) | Published: 6/18/2019
Pavel Fuks, a Ukrainian-Russian developer, said he paid $200,000 for VIP tickets to Donald Trump’s inauguration at the direction of Yuri Vanetik, a Republican fundraiser and sometime lobbyist. Fuks now alleges in a lawsuit that his money did not buy the promised access to Trump and other influential politicians. He never received the tickets he said he was promised to an official inaugural ball, to a dinner with incoming cabinet members, or to other exclusive events. Fuks is seeking a refund from Vanetik, plus damages. The lawsuit sheds new light on efforts to accommodate foreign politicians and business executives who sought to attend Trump’s inauguration to press their agendas, curry favor, or make influential connections with the incoming administration.
DC Circuit Rejects NY State GOP-Led Challenge to Anti-‘Pay-to-Play’ Rule
Law.com – Tom McPartland | Published: 6/18/2019
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld a “pay-to-play” rule that bars brokers from soliciting government contracts for two years after making campaign donations to public officials. The judges said the U.S. Securities and Exchange Commission (SEC) had acted within its authority. The ruling rejected a challenge by state Republican Party organizations in New York and Tennessee, who had claimed the rule was “arbitrary and capricious” and had hurt their ability to raise funds. Judge Cornelia Pillard said the SEC had provided sufficient evidence that the law was needed to combat corruption, following specific instances of quid-pro-quo arrangements between elected officials and donors who had been awarded contracts to advise public pension funds.
Democrats and Some Republicans Question Trump’s Vetting Process after Shanahan Withdrawal
Washington Post – Karoun Demirjian | Published: 6/18/2019
Senators from both parties are asking why they did not have advance notice of the domestic violence incidents in Patrick Shanahan’s family that ended his bid to become President Trump’s permanent defense secretary, calling his nomination’s collapse the latest example of shoddy White House vetting. With his withdrawal and resignation, Shanahan joins several other former candidates for prominent Cabinet and military leadership positions in the Trump administration who bowed out after compromising details came to light. There was particular consternation among some senators that Congress was not apprised of the incidents by the administration, the FBI, or Shanahan himself. As some noted, a background check would have accompanied Shanahan’s nomination in 2017 to become the deputy defense secretary.
Drugmakers’ Lawsuit Ramps Up Fight with Trump
The Hill – Nathaniel Weixel | Published: 6/18/2019
The pharmaceutical and advertising industries are taking their fight with the Trump administration over drug price disclosures to court. Three drug companies – Amgen, Merck, and Eli Lilly – and the nation’s largest advertising group announced they were suing the administration over its new policy of requiring prescription drug manufacturers to disclose list prices in television ads. The plaintiffs argue the rule violates their First Amendment rights, and the lawsuit seeks to overturn the administration’s latest effort to bring transparency to the medication pricing system. The rule is set to take effect July 9, and the industry groups are asking for it to be put on hold before that time.
Ex-Hassan Aide Sentenced to 4 Years for Doxing Senators
Politico – Josh Gerstein | Published: 6/19/2019
A former aide to U.S. Sen. Maggie Hassan was sentenced to four years in prison for hacking Senate computers and releasing personal information online about five Republican senators out of anger spurred by their roles in the confirmation hearings for Justice Brett Kavanaugh. U.S. District Court Judge Thomas Hogan said the sentence for Jackson Cosko was needed to send a signal that criminal harassment driven by political motives would be punished severely in an era marked by extreme political polarization. Cosko said he had been struggling with substance abuse and mental health issues. Hogan said he was puzzled at how Cosko kept up work in congressional offices given the cocaine, psychedelics, and alcohol he was consuming daily.
FEC Chair Makes Another Go at Regulating Online Political Ads
Center for Responsive Politics – Karl Evers-Hillstrom | Published: 6/17/2019
FEC Chairperson Ellen Weintraub is proposing rules that would require some online political ads to attach a disclaimer describing who is paying for them. The proposed guideline, similar to measures introduced by the FEC last year, would subject paid online ads to similar disclaimer rules as print, television, and radio ads. Increasingly popular social media ads, including those engaging in electioneering communications that mention a candidate shortly before an election, are currently exempt from including disclaimers under federal law. Amid ideological deadlock, the FEC has struggled to agree on how to regulate online ads since it was revealed that Russian actors purchased Facebook ads under fake accounts to influence the 2016 election.
Federal Judge Says Census Citizenship Question Merits More Consideration in Light of New Evidence
MSN – Tara Bahrampour (Washington Post) | Published: 6/19/2019
U.S. District Court Judge George Hazel ruled that new evidence in the case of a census citizenship question merits more consideration, opening the possibility the question could come before the Supreme Court again even after it rules as expected this month. Civil rights groups who had sued the government over its addition of a citizenship question to the 2020 Census had asked Hazel to reconsider his ruling on whether the government was guilty of conspiracy and intent to discriminate after new evidence in the case emerged in May. Files discovered on hard drives belonging to a deceased Republican redistricting strategist suggested he had communicated with the Trump administration about how to get the citizenship question onto the survey and the strategist had determined that adding the question would create an electoral advantage for Republicans and non-Hispanic whites.
Federal Watchdog Agency Recommends Removal of Kellyanne Conway from Federal Office for Violating the Hatch Act
Washington Post – Michelle Ye Hee Lee, Lisa Rein, and Josh Dawsey | Published: 6/13/2019
The Office of Special Counsel recommended the removal of White House counselor Kellyanne Conway from federal office for violating the Hatch Act, which bars federal employees from found Conway violated the law on numerous occasions by “disparaging Democratic presidential candidates while speaking in her official capacity during television interviews and on social media.” The agency described her as a “repeat offender.” A senior White House official said the president is unlikely to punish Conway and instead will defend her. In an interview, Special Counsel Henry Kerner called his recommendation that a political appointee of Conway’s stature be fired “unprecedented.”
‘I Hate David and I Hate This Job’: Ex-Schweikert staffers describe unrest in ethics report
Arizona Republic – Ronald Hanson | Published: 6/12/2019
U.S. Rep. David Schweikert presided over a slipshod office operation with financial oversight so weak that his former chief of staff managed to take home improper, extra pay that violated House ethics rules for years, an investigation found. Oliver Schwab may have collected $60,000 in outside pay over three years above what House rules permitted and attended the 2015 Super Bowl with Schweikert as part of a taxpayer-paid trip that was reported as official business, the report said. There were other possible sources of income Schwab had that investigators could not examine. Apart from the alleged wrongful spending, the 424-page report paints the image of a congressional office simmering with discontent as Schweikert pondered a Senate run and as Schwab took out his frustrations with Schweikert on other staffers.
Legal Fight Tougher for Congressman as Wife Pleads Guilty
AP News – Julie Watson | Published: 6/13/2019
Indicted U.S. Rep. Duncan Hunter has held steadfast to his contention that a corruption case against him is the result of a political witch hunt. But that argument got tougher after his wife, who worked as his campaign manager, pleaded guilty to a single corruption count and acknowledged being a co-conspirator with her husband in spending more than $200,000 in campaign funds on personal expenses. Margaret Hunter accepted a plea deal that calls for 59 charges to be dismissed in exchange for her testimony, full cooperation with prosecutors, and other concessions. The conspiracy charge to which she pleaded includes all the allegations contained in the 60-count indictment.
Supreme Court Rules in Case Watched for Impact on Trump Pardons
Politico – Josh Gerstein and Natasha Bertrand | Published: 6/17/2019
The U.S. Supreme Court ruled in a closely watched “double jeopardy” case, issuing a decision that preserves states’ power to limit the impact of future pardons by President Trump or his successors. The justices declined to disturb a longstanding legal principle known as dual sovereignty, which allows state governments to bring their own charges against defendants already tried or convicted in federal court, or vice versa. Democrats and others bracing for potential pardons by Trump of individuals convicted in former special counsel Robert Mueller’s investigation were tracking the case because a decision overturning the dual sovereigns rule could have complicated efforts by state prosecutors to blunt the impact of any attempt Trump may make to grant clemency to those targeted by Mueller’s team.
The Political Donor Class Is Mostly White and Male. Some Women of Color Are Trying to Change That.
Washington Post – Michelle Ye Hee Lee | Published: 6/19/2019
No longer content to simply be the Democratic Party’s most loyal voters, some women of color are seeking to break into the influential but overwhelmingly white and male world of political donors. The efforts are part of a broader campaign to elevate the voices of this group within the Democratic Party, which has had some success. But the efforts also reflect a worry that, without robust giving by minority women, the party will move on in the general election to focus on white Midwestern Trump voters at the expense of communities of color. The absence of women of color is particularly acute among the super-rich givers, billionaires and multimillionaires who give seven figures or more per election. The power of these donors has grown in recent years as courts have opened the floodgates to unlimited spending to try to sway elections.
‘Who’s Taking Care of the Kids?’ Is Finally a Question for Dads on the Trail, Too
MSN – Lisa Lerer (New York Times) | Published: 6/12/2019
For decades, mothers running for office have faced skepticism: “Who’s taking care of the kids?” wondered voters. As American families evolve, a number of fathers of young children are slowly being forced to grapple with the same politically loaded question. That has left them making a calculation that women have made for decades – how to pursue public life and parenthood at the same time. And at least a few of the 15 fathers who are running for president in 2020 are eager to talk about it, including the day-to-day caregiving tasks that most politician moms generally consider just business as usual. While research and surveys show female candidates still confront a steeper double standard when it comes to their family life, male politicians with young children suddenly find themselves facing something totally new – a standard.
Why the Trump Campaign Won’t Pay Police Bills
Center for Public Integrity – Dave Levinthal | Published: 6/13/2019
At least 10 city governments – from Mesa, Arizona, to Erie, Pennsylvania – are still waiting for Trump to pay public safety-related invoices they have sent his presidential campaign committee in connection with his political rallies. Some invoices are three years old. In all, city governments say Trump’s campaign owes them at least $841,219. The cities are adamant Trump should pay up. But in many of these cases, there are no signed contracts between the municipal governments and the Trump campaign. The cities dispatched police officers to secure Trump’s events because they believe public safety required it, and the U.S. Secret Service asked for it. Presidential candidates should consider paying cities’ police bills even if they do not believe they are legally required to do so, some police advocates said.
From the States and Municipalities
Arkansas – Judge Blocks Law on Timing of Donations
Arkansas Democrat-Gazette – Linda Satter | Published: 6/18/2019
An Arkansas law that bars candidates for state office from accepting campaign contributions more than two years before an election was blocked by a federal judge, prompting an immediate appeal from the state. Peggy Jones sued over the law, contending it infringes on her right of political expression by preventing her from donating money now to people she wants to support as candidates in the 2022 election cycle. U.S. District Judge James Moody Jr. had enjoined the state from enforcing the law as his ruling is appealed, but later reversed that part of the ruling.
Colorado – Outside Groups Spent More Than $1 Million to Influence Denver’s Election, and It Took a Lot of Work to Figure That Out
Denver Post – Andrew Kenney | Published: 6/17/2019
Outside spending is mutating faster than the city can keep pace, and it threatens to undermine the campaign finance reforms that were recently approved by Denver voters. In 2011, independent groups spent more than $700,000 on Denver’s elections, but much of that earlier spending came through PACs, which must report their finances through the city’s standard forms. In 2019, more than $1 million was spent through a different outlet. The biggest donors embraced nonprofit groups that disclose less information about their supporters during the election. It is part of a national trend that accelerated with the Citizens United case decided by the U.S. Supreme Court in 2010.
Massachusetts – After Being Rejected by the State, DiMasi Is Now a Registered Lobbyist at City Hall
Boston Globe – Matt Stout | Published: 6/20/2019
Former Massachusetts House Speaker Salvatore DiMasi registered to lobby in Boston a day after he appealed the secretary of state’s rejection of his attempt to register as a lobbyist at the state level. Boston’s process, which operates separately from the state, was launched amid concerns the city had no effective way to regulate who was lobbying at City Hall. DiMasi’s registration could cast a spotlight on the fledgling rules, which proponents say are still a work in progress. The city ordinance includes a mechanism to automatically disqualify anyone from lobbying for 10 years if they have been convicted of a felony that violates certain state lobbying and ethics laws. The language closely mirrors the statute under which the secretary of state’s office rejected DiMasi from registering with the state.
Montana – Montana Lobbyist Spending Reports Now Harder to Access
Montana Public Radio – Corin Cates-Carney | Published: 6/18/2019
At least $6.5 million was spent on lobbying during Montana’s 2019 legislative session. In the past, commissioners of political practices have devoted staff time to translating the paper forms lobbyists are required to file into a single electronic document, which the public or the press could then search and sort. But this year, Political Practices Commissioner Jeff Mangan, who was appointed in 2017, chose to not require his staff to do that. “It’s not their jobs to input, or data input, information for the lobbyists,” Mangan said. Both lobbyists and watchdog groups say Montana’s lobbying disclosure laws are better than most other states. But Denise Roth Barber, managing director at the National Institute on Money in State Politics, says the lack of consistent electronic filing is a weakness.
New Jersey – Gov Signs Dark-Money Bill, Expects Lawmakers to Roll Back Problem Parts
NJ Spotlight – Colleen O’Dea | Published: 6/18/2019
New Jersey Gov. Phil Murphy signed a bill that requires, at least for the moment, politically active nonprofits or 501(c)(4) groups to disclose their high-dollar contributors – those giving at least $10,000 – when these groups spend at least $3,000 to influence an election, legislation, or regulations. The law also increases the maximum amounts of all campaign contributions. It raises the amount that an individual candidate can receive from $2,600 to $3,000 per election and increases the amounts that political committees and party committees can receive, as well. Assemblyperson Andrew Zwicker said he introduced a “cleanup” bill to address Murphy’s concerns over the impact the new law would have on some nonprofit advocacy groups.
Oklahoma – Ethics Commission Says Money Is Tight
The Oklahoman – Nolan Clay | Published: 6/15/2019
A year after the state’s watchdog panel sued unsuccessfully for more funding, its financial situation remains dire, officials say. “It will be a very tight year,” Oklahoma Ethics Commission Executive Director Ashley Kemp said at the agency’s regular monthly meeting. Legislators budgeted the commission $716,621 for the 2020 fiscal year, an increase of about $6,000 from its current appropriations. That “doesn’t even cover the personnel costs,” Kemp said. Lawmakers also voted to remove $550,000 from the commission’s revolving fund and to cap how much it can spend in the future from that fund at $150,000 a year.
Oregon – Limits on Oregon Campaign Money Are Dead. But Voters May Still Get to Weigh In.
Portland Oregonian – Rob Davis | Published: 6/14/2019
Limits on campaign donations will have to wait for another legislative session in Oregon. A bill that cleared the House with several loopholes intact is not advancing in the state Senate. Meanwhile, lawmakers are moving ahead with a measure asking voters to amend Oregon’s constitution by authorizing the creation of campaign finance restrictions. The death of House Bill 2714, which would set specific dollar caps in anticipation of the constitutional measure’s passage, gives lawmakers more time to find agreement before Senate Joint Resolution 18 would go to voters in November 2020.
Virginia – Supreme Court Dismisses Challenge to Findings of Racial Gerrymandering in Virginia Districts
Philadelphia Inquirer – Robert Barnes (Washington Post) | Published: 6/17/2019
The U.S. Supreme Court dismissed the challenge to a lower court’s findings that some of Virginia’s legislative districts were racially gerrymandered, saying House Republicans did not have legal standing to challenge the decision. The decision could give an advantage to the state’s Democrats. All 140 seats in the Legislature are on the ballot this fall, and the GOP holds two-seat majorities in both the House and the Senate. The case concerned 11 voting districts drawn after the 2010 census, each with at least a 55 percent population of black residents of voting age. Democratic voters in those districts sued, saying lawmakers had run afoul of the Constitution by packing too many black voters into the districts, diminishing their voting power.
Washington – These Voters Are Using Democracy Vouchers to Influence Seattle’s City Council Races
Seattle Times – Daniel Beekman | Published: 6/12/2019
Across Seattle, the taxpayer-funded democracy vouchers mailed in February to registered voters and other eligible residents are changing how races are run: 42 of 55 candidates for the council’s seven district seats have signed up and together have collected nearly $1.6 million in vouchers. The program, unlike any other in the country, is meant to involve more people in the electoral process, help grassroots candidates compete, and encourage them to interact with regular voters rather than dialing for dollars from wealthy donors. Participating candidates must abide by special spending and contribution limits. More than 30 candidates have already gathered at least $20,000 in vouchers, and they are interacting with voters in various ways.
June 14, 2019 •
News You Can Use Digest – June 14, 2019
National/Federal A Wealthy Iraqi Sheikh Who Urges a Hard-Line U.S. Approach to Iran Spent 26 Nights at Trump’s D.C. Hotel MSN – Joshua Partlow, David Fahrenthold, and Taylor Luck (Washington Post) | Published: 6/6/2019 In July, a wealthy Iraqi sheikh named […]
National/Federal
A Wealthy Iraqi Sheikh Who Urges a Hard-Line U.S. Approach to Iran Spent 26 Nights at Trump’s D.C. Hotel
MSN – Joshua Partlow, David Fahrenthold, and Taylor Luck (Washington Post) | Published: 6/6/2019
In July, a wealthy Iraqi sheikh named Nahro al-Kasnazan wrote letters to national security adviser John Bolton and Secretary of State Mike Pompeo urging them to forge closer ties with those seeking to overthrow the government of Iran. Four months later, he checked into the Trump International Hotel in Washington, D.C. and spent 26 nights in a suite, a visit estimated to have cost tens of thousands of dollars. Kasnazan said his choice of the Trump hotel was not part of a lobbying effort. His long visit is an example of how Trump’s Washington hotel, a popular gathering place for Republican politicians and people with government business, has become a favorite stopover for influential foreigners who have an agenda to pursue with the administration.
As 2020 Candidates Struggle to Be Heard, Their Grumbling Gets Louder
New York Times – Lisa Lerer and Reid Epstein | Published: 6/11/2019
Of the 23 Democratic candidates for president, only eight routinely break one percent in national polls. Most have not yet qualified for the fall debates. And cable news channels, which have emerged as an early driving force in the race, have only so many hours of programming each day. That has moved the campaign into a new, yet familiar, phase: the ritual airing of grievances. Weeks’ worth of pent-up frustration is beginning to trickle into the public arena, as a way for candidates to explain their lowly positions, both to themselves and to the voters. The rules around participation in the primary debates are a sore spot for second- and third-tier candidates, who fear getting shut out of the biggest stage in the race.
Bipartisan Senators Push New Bill to Improve Foreign Lobbying Disclosures
The Hill – Alex Gangitano | Published: 6/10/2019
U.S. Sen. Charles Grassley introduced legislation that would give the Department of Justice more tools to investigate possible violations of the Foreign Agents Registration Act, a 1938 statute that lawmakers on both sides of the aisle have characterized as outdated and weak. The bill would allow the Justice Department to increase the penalties for people who fail to properly register as a foreign agent. It also would require the Government Accountability Office to study whether and to what extent the Lobbying Disclosure Act exemption is being abused to conceal foreign lobbying activity.
Chao Created Special Path for McConnell’s Favored Projects
Politico – Tucker Doherty and Tanya Snider | Published: 6/10/2019
The Transportation Department under Secretary Elaine Chao designated a special liaison to help with grant applications and other priorities from her husband Mitch McConnell’s home state of Kentucky, paving the way for grants totaling at least $78 million for favored projects as McConnell prepared to campaign for re-election. Chao’s aide Todd Inman, who stated in an email to McConnell’s Senate office that Chao had personally asked him to serve as an intermediary, helped advise the senator and local Kentucky officials on grants with special significance for McConnell, including a highway-improvement project in a McConnell political stronghold that had been twice rejected for previous grant applications. The circumstances highlight the ethical conflicts in having a powerful Cabinet secretary married to the Senate’s leader and in a position to help him politically.
DeVos’ Student Aid Chief Quits Foundation Board Following Questions on Conflict of Interest
Politico – Michael Stratford | Published: 6/11/2019
The Education Department appointee who oversees the government’s $1.5 trillion student loan being asked about a potential conflict-of-interest. Mark Brown, a retired major general in the U.S. Air Force, was selected by Education Secretary Betsy DeVos to be the new head of the department’s Office of Federal Student Aid. Until recently, he also served as an unpaid member of the board of directors of KnowledgeWorks, a non-profit foundation that holds about $30 million in federally guaranteed student loans. Several ethics experts said that arrangement raised concerns about a potential conflict because Brown’s unit is responsible for regulating and overseeing student loans backed by the government, including those that are owned by KnowledgeWorks.
Echoes of Biden’s 1987 Plagiarism Scandal Continue to Reverberate
Anchorage Daily News – Neena Satija (Washington Post) | Published: 6/5/2019
Joe Biden ended his first presidential campaign in 1987 amid questions about a value he had worked hard to convince voters he had: authenticity. The collapse had begun with news that Biden had lifted phrases and mannerisms from a British Labour Party politician while making closing remarks at a debate. Examples soon surfaced of Biden using material from other politicians without attribution, and he acknowledged he had been accused of plagiarism in law school. Now, those events are back in the spotlight for the former vice president, who is one of the most visible Democrats in a crowded field vying to run against President Trump. Biden’s campaign acknowledged it had lifted phrases, without attribution, from various nonprofit publications in its climate and education plans.
Election Rules Are an Obstacle to Cybersecurity of Presidential Campaigns
New York Times – Nicole Perlroth and Matthew Rosenberg | Published: 6/6/2019
One year out from the 2020 elections, presidential candidates face legal roadblocks to acquiring the tools and assistance necessary to defend against the cyberattacks and disinformation campaigns that plagued the 2016 campaign. Federal laws prohibit corporations from offering free or discounted cybersecurity services to federal candidates. The same law also blocks political parties from offering candidates cybersecurity assistance because it is considered an in-kind donation. The issue took on added urgency after lawyers for the FEC advised the agency to block a request by Area 1 Security, asked the company to refile the request with a simpler explanation of how it would determine what campaigns qualified for discounted services.
NRA Money Flowed to Board Members Amid Allegedly Lavish Spending by Top Officials and Vendors
MSN – Beth Reinhard, Katie Zezima, Tom Hamburger, and Carol Leonnig (Washington Post) | Published: 6/9/2019
The National Rifle Association (NRA), which has been rocked by allegations of exorbitant spending by top executives, also directed money in recent years that went to board members, the very people tasked with overseeing the organization’s finances. Eighteen members of the NRA’s 76-member board, who are not paid as directors, collected money from the group during the past three years. The payments deepen questions about the rigor of the board’s oversight as it steered the country’s largest and most powerful gun rights group, according to tax experts and some longtime members. The payments, coupled with multimillion-dollar shortfalls in recent years and an ongoing investigation by the New York attorney general, threaten the potency of the NRA, long a political juggernaut and a close ally of President Trump.
Rep. Greg Pence Amends Filing That Showed Lodging Charge at Trump Hotel
USA Today – Maureen Groppe | Published: 6/11/2019
U.S. Rep. Greg Pence, brother of Vice President Mike Pence, reported spending more than $7,600 in campaign funds on lodging at the Trump International Hotel in the first few months after his election in November, although lawmakers are supposed to pay for their own housing in Washington, D.C. Hours after USA Today pressed for details on the nature of the lodging expenses, Rep. Pence’s campaign filed an amended FEC report that changed the designation of the expenses to “fundraising event costs.” Federal election rules allow campaign funds to be spent on hotels for fundraising events. And Greg Pence separately reported more than $15,000 in catering and reception costs at Trump’s hotel in December and January.
Top AI Researchers Race to Detect ‘Deepfake’ Videos: ‘We are outgunned’
San Francisco Chronicle – Drew Harwell (Washington Post) | Published: 6/12/2019
Artificial-intelligence (AI) researchers warn that computer-generated fake videos could undermine candidates and mislead voters during the 2020 presidential campaign. Powerful new AI software has effectively democratized the creation of convincing “deepfake” videos, making it easier than ever to fabricate someone appearing to say or do something they did not really do. And researchers fear it is only a matter of time before the videos are deployed for maximum damage – to sow confusion, fuel doubt, or undermine an opponent, potentially on the eve of a White House vote. Even simple tweaks to existing videos can create turmoil, as happened with the recent viral spread of a video of House Speaker Nancy Pelosi, distorted to make her speech stunted and slurred. That video was viewed more than 3 million times.
Trump 2020 Campaign Ad Payments Hidden by Layers of Shell Companies
Center for Responsive Politics – Anna Massoglia | Published: 6/13/2019
The Trump 2020 campaign funneled money to a shell company tied to ad buyers at the center of an alleged illegal coordination scheme with the National Rifle Association (NRA) as recently as May 2019. The previously unreported ad buys for Trump’s re-election campaign routed through a secretive limited-liability company known as Harris Sikes Media LLC were revealed in Federal Communications Commission records. The Trump campaign stopped reporting payments to ad buyers at American Media & Advocacy Group following allegations the company facilitated illegal coordination between the campaign and the NRA through American Media’s affiliates National Media Research, Planning & Placement and Red Eagle Media Group. Trump’s reelection campaign quietly continued to funnel money to the same individuals through payments to Harris Sikes Media.
Trump Lawyer’s Message Was a Clue for Mueller, Who Set It Aside
MSN – Michael Schmidt and Charle Savage (New York Times) | Published: 6/9/2019
As the special counsel’s investigators pursued the question of whether President Trump tried to impede their work, they uncovered compelling evidence – a voice mail recording and statements from a trusted witness – that might have led to him. An attorney for Trump, John Dowd, reached out to a lawyer for a key witness who had just decided to cooperate with the government, Michael Flynn. Dowd fished in his message for a heads-up if Flynn was telling investigators negative information about Trump, while also appearing to say that if Flynn was just cutting a deal without also flipping on the president, then he should know Trump still liked him. Dowd never said whether Trump directed him to make the overture. And investigators for Robert Mueller declined to question Dowd about his message. Legal experts were divided on whether Mueller’s team should have sought to question Dowd.
Trump Says He’d Consider Accepting Dirt from Foreign Governments on His Opponents
Keene Sentinel – Colby Itkowitz and Tom Hamburger | Published: 6/13/2019
President Trump said if a foreign power offered dirt on his 2020 opponent, he would be open to accepting it and he would have no obligation to call in the FBI. The president’s comments come as congressional investigations into Russian interference in the 2016 election continue, and they drew sharp response from his would-be Democratic rivals. Although special counsel Robert Mueller did not find enough evidence to establish a criminal conspiracy involving the Trump campaign in his probe of Russia’s role in the 2016 election, his report said the Russian government interfered in the election in a “sweeping and systemic fashion” and that Trump’s campaign was open to assistance from Russian sources.
What the Governors Feuding with Their Own Parties Have in Common
Governing – Alan Greenblatt | Published: 6/11/2019
A handful of governors presiding over one-party states are now taking serious hits from legislators and leaders in their own political parties. In New Jersey, Democratic Gov. Phil Murphy is engaged in a feud with state Senate President Stephen Sweeney that has led to threats of a primary challenge. In Kentucky, Republican Lt. Gov. Jeanne Hampton warned recently about “dark forces” operating within Gov. Matt Bevin’s administration. Craig Blair, who chairs the Senate Finance Committee in West Virginia, called on Republican Gov. Jim Justice to resign. In states with divided governments, it is almost to be expected that governors and legislators will sometimes sling arrows at each other. But most states are dominated by a single party, and their most powerful politicians are finding that it can still be difficult to get along.
With Most States Under One Party’s Control, America Grows More Divided
MSN – Timothy Williams (New York Times) | Published: 6/11/2019
It is the first time in more than a century that all but one state Legislature is dominated by a single party. Most legislative sessions have ended or are scheduled to end in a matter of days in capitals across the nation, and Republican-held states have rushed forward with conservative agendas as those controlled by Democrats have pushed through liberal ones. Any hope that single-party control in the states might ease the tone of political discourse has not borne out. Lopsided party dominance has not brought resignation; instead of minority parties conceding they lack the numbers to effectively fight back, the mood has grown more tense and vitriolic. Analysts said issues addressed by state Legislatures this year, which included gun control and health care, might have more lasting effect than anything approved in Washington, D.C., where government is divided.
From the States and Municipalities
California – Democrats Say They Don’t Take Big Tobacco Money. But JUUL Had a Sponsorship at Convention
Sacramento Bee – Andrew Sheeler | Published: 6/7/2019
JUUL Labs, maker of a line of e-cigarette products in popular use among middle and high school students, had a prominent sponsor slot on the stage of the California Democratic Party’s state convention, where politicians like U.S. House Speaker Nancy Pelosi, Gov. Gavin Newsom, and a bevy of presidential candidates and state officials spoke. State Sen. Jerry Hill, an outspoken critic of tobacco companies, said he could not believe his eyes when he saw the sponsorship. “I was baffled because it’s a long-standing policy of the Democratic Party not to take money from Big Tobacco,” Hill said. JUUL is one-third owned by Altria, which owns Philip Morris USA.
Illinois – Mayor Lori Lightfoot to Introduce Ethics Package Aimed at Fighting City Hall Corruption
Chicago Tribune – John Byrne | Published: 6/5/2019
Chicago Mayor Lori Lightfoot will seek to follow through on her campaign pledge to clean up a City Hall that for months has been rocked by an FBI investigation and racketeering charges against Ald. Edward Burke by introducing an ethics reform package. The former federal prosecutor’s proposal looks to tighten the rules for aldermen holding outside jobs and would require nonprofits lobbying City Hall to register as lobbyists. It also would give city Inspector General Joseph Ferguson the power to audit city council committees. Lightfoot is also pushing for more modest increases to fines for ethics violations than the city Ethics Board has proposed.
Indiana – Judge Rules Against Fort Wayne’s Pay to Play Ordinance
Fort Wayne Journal Gazette – Dave Gong | Published: 6/11/2019
Superior Court Judge Jennifer DeGroote ruled against the city of Fort Wayne in a case regarding its controversial “pay-to-play” ordinance. DeGroote blocked the city from enforcing the ordinance that restricted how much money the owners of a company could give elected officials and still bid on city contracts. The ordinance prohibited any company from bidding on a city contract if any owner, partner, or principal who owns more than 10% of that company gave more than $2,000 to the campaign of a person with responsibility for awarding contracts.
New Hampshire – Top N.H. Lawmaker Says No Lobbying Involved in His Union Job, But His Predecessor Was a Lobbyist
New Hampshire Public Radio – Casey McDermott | Published: 6/6/2019
House Majority Leader Doug Ley is adamant he has not broken any ethics rules by engaging in legislative advocacy as president of the New Hampshire chapter of the American Federation of Teachers while serving in the Legislature. He has also maintained his work on the union’s behalf – testifying at public hearings, rallying support or opposition for specific bills, and sending out “legislative bulletins” to union members – does not count as lobbying. But Ley’s predecessor at the union, Laura Hainey, said she did consider much of the same kind of advocacy work she did at the statehouse to constitute lobbying. And, unlike Ley, she registered as a lobbyist during her term as the union’s president.
New Jersey – Gov. Phil Murphy, Lawmakers Reach Deal on Dark Money Disclosure
Burlington County Times – Dave Levinsky | Published: 6/10/2019
Facing the likelihood that lawmakers would vote to override his earlier veto, New Jersey Gov. Phil Murphy agreed to sign a “dark money” disclosure bill originally sent to him. Lawmakers agreed to vote again on the original legislation and Murphy has agreed to sign it with no changes. The bill mandates the disclosure of donors who give more than $10,000 to nonprofit 501(c)4 groups that are not currently subject to disclosure requirements if they engage in political activities, lobbying, or campaigning. It would also mandate the disclosure of expenses of more than $3,000 and would boost contribution limits to state and county political committees. Those groups are already subject to strict reporting requirements but have been usurped by dark-money groups in recent years.
New York – Inside the Stealth Campaign for ‘Responsible Rent Reform’
New York Times – Vivian Wang | Published: 6/10/2019
Confronted with a Democratic takeover of the state Legislature and emboldened progressive activists, the city’s landlords and developers, long accustomed to ruling New York through political donations and expensive lobbyists, are adopting the tactics of their activist foes. They have sent buses of electricians and boiler repair workers to Albany to protest the proposed changes, organized rallies outside public hearings, formed groups with generic names to run social media advertisements, and paid for mailers urging constituents to call their representatives. The goal is to deliver the industry’s message that too-strict rent regulations would affect not only wealthy landlords, but also the working class in a way that does not seem like it is coming from the industry.
Wisconsin – Hours Before a Trial Was Set to Start, Wisconsin Supreme Court Reinstates Most GOP Lame-Duck Laws
Milwaukee Journal Sentinel – Patrick Marley | Published: 6/11/2019
The Wisconsin Supreme Court reinstated most of the lame-duck laws Republican lawmakers approved in December to trim the powers of the state’s top Democrats. With a pair of orders, the high court canceled a trial and put back in place almost all the lame-duck laws while it considers an appeal. After the rulings, just two provisions of the lame-duck laws have been kept from going into effect. One would have limited early voting; the other would have required a public commenting period for older government documents. The status of the laws could change in the months ahead because the Supreme Court has to make more rulings in the case. A federal judge is overseeing another challenge to the lame-duck laws that is in its early stages.
June 7, 2019 •
News You Can Use Digest – June 7, 2019
National/Federal A ‘Bridge’ to China, and Her Family’s Business, in the Trump Cabinet MSN – Michael Forsythe, Eric Lipton, Keith Bradsher, and Sui-Lee Wee (New York Times) | Published: 6/2/2019 Transportation Secretary Elaine Chao has no formal affiliation or stake in […]
National/Federal
A ‘Bridge’ to China, and Her Family’s Business, in the Trump Cabinet
MSN – Michael Forsythe, Eric Lipton, Keith Bradsher, and Sui-Lee Wee (New York Times) | Published: 6/2/2019
Transportation Secretary Elaine Chao has no formal affiliation or stake in her family’s shipping business, Foremost Group, which has deep ties to the economic and political elite in China. But she and her husband, Senate Majority Leader Mitch McConnell, have received millions of dollars in gifts from her father, who ran the company until last year. And McConnell’s re-election campaigns have received more than $1 million in contributions from Chao’s extended family. Over the years, Chao has repeatedly used her connections and celebrity status in China to boost the profile of the company. Now, Chao is the top Trump official overseeing the American shipping industry, which is overshadowed by its Chinese competitors. Her efforts on behalf of the family business have come as Foremost has interacted with the Chinese state to a remarkable degree for an American company.
FEC to Mitt Romney, Michele Bachmann and 48 More Zombie Campaigns: Why are you still here?
Tampa Bay Times – Christopher O’Donnell, Eli Murray, Connie Humburg, and Noah Pransky | Published: 5/31/2019
The FEC demanded explanations from about 50 politicians who are operating zombie campaigns – political committees that keep spending contributions long after the campaign has ended. The agency sent letters to the campaigns asking why their campaign accounts were still open. It flagged specific expenses by at least 17 campaigns and asked them to justify the spending. It is the first action taken by the FEC since it announced in April 2018 that it would start scrutinizing the spending of what it called “dormant” campaigns. Federal law does not allow campaign money to be spent improving politicians’ personal lives.
How Payday Lenders Spent $1 Million at a Trump Resort – and Cashed In
ProPublica – Alice Wilder (WNYC) and Anjali Tsui | Published: 6/4/2019
In March, the payday lending industry held its annual convention at the Trump National Doral hotel outside Miami. A month earlier, Kathleen Kraninger, who had just finished her second month as director of the federal Consumer Financial Protection Bureau, had delivered what the lenders consider an epochal victory: Kraninger announced a proposal to eviscerate a crucial rule that had been passed under her Obama-era predecessor. This year was the second in a row the industry’s trade group, the Community Financial Services Association of America, held its convention at the Doral. In the eight years before 2018, the organization never held an event at a Trump property.
In Need of Cash, Democratic Presidential Hopefuls Turn to Wealthy Donors
MSN – Michelle Ye Hee Lee (Washington Post) | Published: 6/2/2019
Across the Democratic field, presidential candidates are embracing the big donors they distanced themselves from early on – a sign of increasing doubt the small, online donations the campaigns have been chasing will be sufficient to sustain two-dozen primary contenders. Many of the candidates previously had held a handful of high-dollar fundraisers or avoided them altogether, seeking to tap into the populist sentiment that has animated the Democratic base. But after a disappointing fundraising haul in the first quarter of the year, and as the primary drags on with no clear front-runner, many of the candidates are turning their focus to wealthy donors, a strategy that could help keep their campaigns viable but may hamper their ability to connect with base voters.
Liberals Rip Democratic Leaders for Writing Drug Pricing Bill in Secret
The Hill – Peter Sullivan | Published: 6/6/2019
Progressive House Democrats are growing increasingly frustrated with their party’s leadership, accusing them of writing Democrats’ signature bill to lower prescription drug prices in secret and without their input. At issue is a plan Pelosi’s office has been working on for months that would allow Medicare to negotiate drug prices, a top priority for Democrats and one the party stressed in its campaign last year to win back the House. There is now an intense debate within the Democratic caucus over the details of that proposal, with the Progressive Caucus pushing for a bill that it says is stronger because it would strip a company of its monopoly on a drug if the manufacturer refuses to agree to a reasonable price in Medicare negotiations.
Meet the GOP Operatives Who Aim to Smear the 2020 Democrats – but Keep Bungling It
MSN – Manuel Roig-Franzia and Beth Reinhard (Washington Post) | Published: 6/4/2019
Like notorious dirty tricksters before them, Jack Burkman and Jacob Wohl operate in a realm where it matters little whether their outrageous claims against political opponents are proved – they hardly ever are – but only whether they somehow slip into the national consciousness. But today it is a more dangerous game: they operate in an era when notions about truth and fiction have been upended and in which many Americans get their information from self-affirming, partisan silos, making their brand of political cyberwarfare hyper-relevant.
Recent Ex-Members of Congress Head to K Street as ‘Shadow Lobbying’ Escalates
Center for Responsive Politics – Karl Evers-Hillstrom | Published: 5/30/2019
Nearly two dozen former members of the 115th Congress have already found jobs at lobbying firms. Lobbying is a natural next step for recently departed members who spent years cultivating relationships with their colleagues and interest groups. While former members of Congress must wait two years before lobbying their respective chamber’s ex-colleagues, they often engage in so-called shadow lobbying – participating in activities that might be considered lobbying but declining to register under the Lobbying Disclosure Act (LDA). “[The] LDA is nothing more than an honor system,” said Paul Miller, president of the National Institute for Lobbying and Ethics.
Tech Giants Amass a Lobbying Army for an Epic Washington Battle
New York Times – Cecilia Kang and Kenneth Vogel | Published: 6/5/2019
Amazon, Apple, Facebook, and Google have built themselves into some of the largest players on K Street as they confront threats from the Trump administration and both parties on Capitol Hill. Amazon’s expansion has been met with unease over labor conditions and the company’s effect on small businesses. The four companies spent a combined $55 million on lobbying last year. Of the 238 people registered to lobby for the companies in the first three months of this year, both in-house employees and those on contract from lobbying and law firms, about 75 percent formerly served in the government or on political campaigns. Amazon’s Washington office is led by a former Federal Trade Commission official, Brian Huseman. Its roster of contract lobbyists includes three Democratic former members of Congress and two former Justice Department lawyers.
Ted Cruz and Alexandria Ocasio-Cortez Team Up to Ban Lawmakers from Lobbying
National Public Radio – Sasha Ingber | Published: 5/31/2019
Two lawmakers who have often been at odds found common ground in a place that often highlights polarizing opinions: Twitter. That is where U.S. Sen. Ted Cruz and U.S. Rep. Alexandria Ocasio-Cortez vowed to set aside their differences and work on new lobbying restrictions for lawmakers. Now an unlikely coalition is forming around their joint effort. Craig Holman, who lobbies on ethics, campaign finance, and lobbying on behalf of Public Citizen, said it is “heartening” that Cruz and Ocasio-Cortez moved to bridge the deep partisan divide. “I am not sure if Congress will be willing to adopt their proposed lifetime ban, but the sheer fact of a left-and-right agreement that the revolving door is a grave problem that must be addressed is going to move the ball forward,” Holman said.
The Campaign Finance of Women’s Suffrage
WHYY – Kimberly Adams | Published: 6/4/2019
Women’s suffrage took more than seven decades of political struggle and included marches, hunger strikes, and arrests. And, like political campaigns of today, it required a lot of money. While women like Susan B. Anthony and Elizabeth Cady Stanton were on the front lines of the movement, there were other women working behind the scenes to fund it. “We don’t tend to teach about the suffrage movement as a major lobbying force, a major well-funded organization in American political history, but it was,” said Corrine McConnaughy, an associate professor of political science at George Washington University and author of “The Woman Suffrage Movement in America: A Reassessment.”
Trump Resort Revenue Has Gone Up After Presidential Visits
Politico – Anita Kumar | Published: 6/6/2019
President Trump’s week-long trip to Europe included a tour of his own businesses. Trump traveled to his luxury resort on Ireland’s west coast for a visit that brought world-wide publicity and increased security to the location, and, if past trends hold, more revenue. The president’s trip to Trump International Golf Links in Doonbeg, Ireland has once again led to criticisms that he is using his office to make money for his own business. It marks the second time he has visited one of his properties outside the United States since he was sworn into office. “U.S. foreign relations should never rise and fall on the financial interests of the president and the ability to promote his own property,” said Noah Bookbinder, executive director of Citizens for Responsibility and Ethics in Washington, which examined his financial disclosures.
Trump Urges Customers to Drop AT&T to Punish CNN Over Its Coverage of Him
Portland Press Herald – Craig Timberg, Taylor Telford, and Josh Dawsey (Washington Post) | Published: 6/3/2019
President Trump called for a boycott of AT&T, the corporate owner of CNN, saying the network paints a “false picture” of the U.S. The comment, which Trump tweeted in response to seeing CNN coverage while traveling during a European tour, fueled criticisms the president was using his power inappropriately to intimidate critics. Historians struggled to cite an equivalent threat even from presidents such as Richard Nixon renowned for their hostility toward the press. Less democratic nations with more tenuous press freedoms often use government regulatory power, criminal investigations or tax audits to punish news organizations seen as providing unflattering coverage, but past U.S. presidents rarely have taken such public shots at the businesses of the owners of major American news organizations, historians said.
From the States and Municipalities
Alabama – Dunkin’ Donuts Owner Accuses Ethics Commission Investigator of Abuse of Power
Montgomery Advertiser – Kirsten Fiscus | Published: 5/31/2019
When Damon Dunn received notification of a discrimination complaint against his Dunkin’ Donuts store, he was concerned at first, then confused, and then angry. It is corporate policy that customer complaints are reviewed and handled in a timely manner, but the majority of those are disgruntled customers upset about a long wait time or food prepared incorrectly. Byron Butler, a man Dunn would learn is an investigator with the Alabama Ethics Commission, accused the store of charging black customers more for extra pumps of coffee flavoring known as “swirl” at the restaurant, a claim that Dunn says is unfounded. Butler told an employee he was an investigator and took a verbal statement from her about the charging practices. The employee, who is 18, thought she would face legal trouble if she did not talk with him.
Florida – Lawmakers Call for Probe of NRA Lobbyist Marion Hammer’s Failure to Disclose Payments
Miami Herald – Samantha Gross | Published: 5/30/2019
Some Democratic lawmakers in Florida are calling for an investigation into whether prominent National Rifle Association (NRA) lobbyist Marion Hammer violated state law by failing to disclose payments from her organization while lobbying on NRA priorities like banning the sale of bump stocks. According to Florida law, non-employee lobbyists for both legislative and executive branches are required to register and disclose their total compensation. Hammer is not an in-house lobbyist for the NRA, and therefore is required under law to submit a compensation report for each quarter during which she was registered to lobby. The Florida Bulldog reported Hammer failed to file any compensation reports with state since at least 2007.
Florida – Top City Law Firm Broke County Lobbying Rules
Fort Myers News-Press – Bill Smith | Published: 5/31/2019
One of the region’s biggest law firms is among several business interests that did not meet required deadlines for registering as lobbyists, Lee County’s inspector general said in an investigative report. Henderson, Franklin, Starnes & Holt, a Fort Myers based law firm; John Gucciardi, a consultant to Fort Myers Beach developer TPI Hospitality; and Waldrop Engineering each missed filing deadline. Waldrop went seven years without filing the statement. It has since filed registrations for its employees.
Georgia – Abrams Probe Highlights Wide Reach of State Ethics Commission
Georgia Public Broadcasting – Stephan Fowler | Published: 6/5/2019
Lawyers for former gubernatorial candidate Stacey Abrams say the Georgia Government Transparency and Campaign Finance Commission did not follow its own rules in an investigation of her 2018 campaign. The commission alleges illegal coordination between the Abrams campaign and four outside organizations. The campaign argued the ethics panel failed to follow its rules for opening an inquiry and sharing probable cause for the allegations. But according to state law, the commission is following the rules. Rick Thompson, a former executive secretary of the commission, said in terms of procedure, the subpoenas are above board. The full scope of the probe will not be made clear until it is put before a meeting of the full commission.
Illinois – Ald. Edward Burke Indicted on Expanded Federal Racketeering, Bribery Charges
Chicago Tribune – Jason Meisner, Todd Lighty, and Gregory Pratt | Published: 5/30/2019
Chicago Ald. Edward Burke was meeting with a fellow alderman in October 2017 when he allegedly expressed his displeasure over the way developers of the old main Chicago post office had so far failed to throw any business to Burke’s private law firm. “As far as I’m concerned, they can go f— themselves,” Burke told Ald. Daniel Solis, who was secretly recording the conversation. The conversation is at the center of a 14-count indictment outlining a series of alleged schemes in which prosecutors say Burke abused his City Hall clout to extort private legal work from companies and individuals doing business with the city. Also charge Burke in attempting to shake down two businesspeople seeking to renovate a Burger King restaurant in the ward.
Kentucky – Appellate Court Upholds State Ban of Gifts, Money to Kentucky Lawmakers
Lexington Herald-Leader – Jack Brammer | Published: 5/30/2019
A federal appeals court upheld a Kentucky law that prohibit lobbyists from giving gifts to state legislators or donating to their campaigns. The ruling by the U.S. Sixth Circuit Court of Appeals reversed a ruling by U.S. District Court Judge William Bertelsman, who struck down the bans, ruling Kentucky’s laws burdened “core political speech” and curtailed freedom of association. The appeals court reversed the ruling and said the measures “enacted to prevent corruption and protect citizens’ trust in their elected officials, comport with the Constitution.”
Massachusetts – Convicted of Corruption, DiMasi Now Wants to Be a Lobbyist. The State Has Other Ideas
Boston Globe – Matt Sout and Andrea Estes | Published: 6/5/2019
Massachusetts Secretary of State William Galvin’s office rejected former state House Speaker Salvatore DiMasi’s application to become a lobbyist just days after he registered to lobby both the Legislature and executive branch. DiMasi appealed and is due to appear before an administrative hearing officer. His attempt at entering the lucrative industry came after he completed his supervised release following his conviction on corruption charges. DiMasi argued that because lawmakers did not include any of the specific federal statutes on which he was convicted into the state law, he should not be prohibited from registering. Laurie Flynn, Galvin’s chief legal counsel, argued DiMasi’s criminal record includes “conduct in violation” of state lobbying and ethics laws, which automatically bars him from lobbying for 10 years after his conviction, or until June 2021.
Michigan – Emails Show MDOT Let Lobbyist Steer Report on Gravel Shortage for Michigan Roads
Detroit Free Press – Paul Egan | Published: 6/6/2019
When Michigan gravel companies wanting to open or expand a mine are opposed by neighbors objecting to the noise and dust, they point to a 2016 consultant’s study, commissioned by the Michigan Department of Transportation (MDOT), that says the state is running out of gravel to rebuild its busted roads. But in fact, the Michigan Aggregates Association (MAA) – the lobbying organization for the sand and gravel industry, which is pushing for legislation that would severely restrict the ability of local governments to deny permits for new or expanded gravel mines – was behind the study, records show. The MAA recommended the consultant MDOT hired, set out the scope of work and how to price the study, and even spelled out the expected findings. The group also had a role in initiating the study.
Missouri – Free Acupuncture and Eye Exams for Lawmakers Are No-Nos, Missouri Ethics Commission Says
St. Louis Post-Dispatch – Jack Suntrup | Published: 6/3/2019
Two opinions from the Missouri Ethics Commission, which read as lists of dos-and-don’ts for lawmakers and their employees, were issued in response to questions following the passage of Amendment 1 last year. One of the provisions of what is known as “Clean Missouri” limits lobbyist gifts to five dollars. Accepting engraved plaques worth more than five dollars from lobbyists or organizations that lobby is prohibited, the commission said. It also said lawmakers should avoid free use of conference rooms owned by organizations that retain lobbyists. The opinion outlines a number of other scenarios in which lawmakers or their staffs may face ethical dilemmas.
New Jersey – Murphy Officials ‘Seriously Mishandled’ Katie Brennan Assault Allegation, Inquiry Finds
Bergen Record – Dustin Racioppi | Published: 6/5/2019
New Jersey Gov. Phil Murphy’s staff “seriously mishandled” a sexual assault claim by not investigating it and not telling Murphy before the hiring of the alleged assailant – details of which remain a mystery – for a top position, a legislative inquiry has found. The report by the Select Oversight Committee chronicles a series of missteps made by some of the highest-ranking officials in Murphy’s orbit in response to the allegation, made by former campaign volunteer Katie Brennan, and calls into question the “competence and culture of state government as a whole.” Brennan, now a housing official in the administration, had accused Al Alvarez, a former Murphy aide, of sexually assaulting her during the 2017 campaign. Alvarez was not charged and has denied the allegation.
New York – Nassau County Implements New Ethics Rules
Newsday – Candice Ferrette | Published: 6/5/2019
Nassau County Executive Laura Curran signed new rules for county vendors, including a ban on gifts to county procurement officials, aimed at stemming contracting abuses that were central to federal corruption cases involving prominent local officials. Under the new Vendor Code of Ethics, county employees involved with contracting cannot accept gifts “of any kind” from vendors, “no matter how small.” Contractors also cannot discuss or offer jobs to county employees involved with procurement or to their family members. Under the new rules, vendors will be required to certify they have read and accepted the terms of the ethics code and have distributed it to all subcontractors and suppliers.
Rhode Island – The Providence Mayor Raised Thousands of Dollars for a Nonprofit with Ties to His Campaign, Then He Reimbursed Himself from Its Coffers
Boston Globe – Dan McGowan | Published: 6/6/2019
Providence Mayor Jorge Elorza raised hundreds of thousands of dollars for a nonprofit organization with close ties to his political campaign and one that later reimbursed him and other high-ranking city employees for travel expenses to conferences all over the country. Now, the practice of soliciting donations for the Providence Tourism Fund – often from law firms and other companies that have contracts with the city – has come under fire from watchdogs who say Elorza is sidestepping Rhode Island’s strict campaign finance laws so he can collect unlimited amounts of money from corporations. Elorza did not create the fund. It was established in 2009 to raise money for a national conference that was held in Providence, but he has been far more aggressive about using it for travel than his predecessors.
May 24, 2019 •
News You Can Use Digest – May 24, 2019
National/Federal 9th Circuit Rejects Challenge to Foreign-Donation Ban Politico – Josh Gerstein | Published: 5/16/2019 A federal appeals court rejected a legal challenge to Congress’ ban on most foreign nationals donating to state and local election campaigns. The Ninth Circuit Court […]
National/Federal
9th Circuit Rejects Challenge to Foreign-Donation Ban
Politico – Josh Gerstein | Published: 5/16/2019
A federal appeals court rejected a legal challenge to Congress’ ban on most foreign nationals donating to state and local election campaigns. The Ninth Circuit Court of Appeals upheld the ban, saying a “summary” U.S. Supreme Court ruling in 2012 upholding the foreign-donation prohibition left lower-court judges obliged to turn down all First Amendment challenges to the statute. But that high-court decision, issued without briefs or argument, dealt with a lawsuit focused on federal elections. Critics of the ban have said allowing it to extend into state and local political contests intrudes on the right of states and municipalities to control their own electoral processes.
A Conservative Activist’s Behind-the-Scenes Campaign to Remake the Nation’s Courts
Anchorage Daily News – Robert O’Harrow Jr. and Shawn Boburg (Washington Post) | Published: 5/21/2019
At a time when President Trump and Senate Majority Leader Mitch McConnell are reshaping federal courts by installing conservative judges and Supreme Court justices, few people outside government have more influence over judicial appointments now than Leonard Leo. He is executive vice president of the Federalist Society, a nonprofit group for conservative lawyers that has close ties to Supreme Court justices. Behind the scenes, Leo is the maestro of a network of interlocking nonprofits working on media campaigns and other initiatives to sway lawmakers by generating public support for conservative judges. The story of Leo’s rise shows how undisclosed interests outside of government are harnessing the nation’s nonprofit system to influence judicial appointments that will shape the nation for decades.
Bank CEO Charged with Bribing Manafort for Trump Administration Post
Politico – Natasha Bertrand | Published: 5/23/2019
A Chicago bank executive tried to bribe Trump campaign chairperson Paul Manafort with roughly $16 million in loans after the 2016 election in the hopes of scoring a top administration post, according to a federal indictment. Stephen Calk, then the chief executive officer of the Federal Savings Bank of Chicago, “sought to leverage his control over” Manafort’s proposed loans in order to obtain a senior administration position, said court documents. And Calk approved the loans even though he “was aware of significant red flags regarding” Manafort’s ability to pay back the money. The loans were first mentioned during Manafort’s Virginia prosecution on bank- and tax-fraud charges, when one of Calk’s colleagues described the potential quid pro quo during courtroom testimony.
Cohen Told Lawmakers Trump Attorney Jay Sekulow Encouraged Him to Falsely Claim Moscow Project Ended in January
MSN – Tom Hamburger, Ellen Nakashima, and Karoun Demirjian (Washington Post) | Published: 5/20/2019
Michael Cohen, President Trump’s former personal attorney, told a House panel during closed-door hearings that he had been encouraged by Trump lawyer Jay Sekulow to falsely claim in a 2017 statement to Congress that negotiations to build a Trump Tower in Moscow ended in January 2016. Cohen later admitted discussions on the Moscow tower continued into June of the presidential election year, after it was clear Trump would be the GOP nominee. Cohen’s closed-door testimony led Democrats to press Sekulow and other Trump family lawyers who were involved in a joint defense agreement for more information about work they did preparing Cohen’s statement. The lawyers have so far rebuffed the request, calling it a threat to the protection of communications between lawyers and their clients.
Confidential Draft IRS Memo Says Tax Returns Must Be Given to Congress Unless President Invokes Executive Privilege
MSN – Jeff Stein and Josh Dawsey (Washington Post) | Published: 5/21/2019
A confidential Internal Revenue Service (IRS) legal memorandum says tax returns must be given to Congress unless the president takes the rare step of asserting executive privilege. The memo contradicts the Trump administration’s justification for denying lawmakers’ request for President Trump’s tax returns, exposing fissures in the executive branch. Trump has refused to turn over his tax returns but has not invoked executive privilege. Treasury Secretary Steven Mnuchin has instead denied the returns by arguing there is no legislative purpose for demanding them. The IRS memo says the law “does not allow the Secretary to exercise discretion in disclosing the information provided the statutory conditions are met” and directly rejects the reason Mnuchin has cited for withholding the information.
Congressional Report: Purdue Pharma influenced World Health Organization’s opioid guidelines
Washington Post – Katie Zezima | Published: 5/23/2019
A new congressional report claims the World Health Organization’s (WHO) guidelines on treating pain were directly influenced by the pharmaceutical industry, including a set of directions for prescribing powerful painkillers that appear to have been taken from Purdue Pharma. The investigation points to evidence that drug makers and those who profited from the increased prescribing of opioids aimed to push the WHO into endorsing use of the drugs across the globe. The WHO provides health guidance worldwide. The report alleges wo WHO reports that provide guidelines for treating severe pain, one in adults and the other in children, draw directly from Purdue’s strategies on how to market opioids.
DC Circuit OKs Payment-Plan Rules for Campaign Donors
Courthouse News Service – Brad Katner | Published: 5/21/2019
The U.S. Court of Appeals for the District of Columbia Circuit will keep in place an installment plan for nearly $250,000 bequeathed to the Libertarian Party. When Joseph Shaber died in 2014, he left $235,000 to the Libertarian National Committee, the campaign arm of the party. While federal elections rules permit individuals to give up to $339,000 per year to such entities, that total comes with certain specifications. Shaber’s gift came with no strings attached, but the Libertarian Party says the $33,900 limit on general-expenditure donations forces it to collect the money in installments each year, leaving the rest in an escrow account. The party argued such limits are a violation of free-speech rights and spreading the payments out under the FEC-mandated plan would violate Shaber’s post-mortem wishes. U.S. Circuit Court Judge David Tatel noting Congress created donation limits to avoid political corruption, even in death.
Deutsche Bank Staff Saw Suspicious Activity in Trump and Kushner Accounts
MSN – David Enrich (New York Times) | Published: 5/19/2019
Anti-money-laundering specialists at Deutsche Bank recommended in 2016 and 2017 that multiple transactions involving legal entities controlled by Donald Trump and his son-in-law, Jared Kushner, be reported to a federal financial-crimes watchdog. The transactions, some of which involved Trump’s now-defunct foundation, set off alerts in a computer system designed to detect illicit activity, according to bank employees. Compliance staff members who then reviewed the transactions prepared so-called suspicious activity reports that they believed should be sent to a unit of the Treasury Department that polices financial crimes. But executives at Deutsche Bank, which has lent billions of dollars to the Trump and Kushner companies, rejected their employees’ advice. The reports were never filed with the government.
Elizabeth Warren Decries Big Money in Politics. Her Campaign Treasurer Embodies It.
Center for Responsive Politics – Lateshia Beachum | Published: 5/23/2019
U.S. Sen. Elizabet Warren has rejected traditional sources of campaign money, from PACs to lobbyists, in her bid for the White House. Everyone will have access to her, she says, not just wealthy donors. She has instituted “selfie lines” at rallies, and releases videos of herself personally calling donors who have contributed just a few dollars. But Warren has also selected for her presidential campaign treasurer a man whose contributions run counter to Warren’s statements, among the most emphatic among the more than 20 Democrats running for president, against big money in politics. Dubbed a “personal PAC machine” by The Boston Globe, retired software engineer Paul Egerman has quietly established himself as a key benefactor and rainmaker for Democratic political committees and liberal causes.
EPA Watchdog Suggests Agency Recover $124,000 in Pruitt’s ‘Excessive’ Travel Expenses
San Jose Mercury News – Juliet Eilperin and Brady Dennis (Washington Post) | Published: 5/16/2019
The Environmental Protection Agency (EPA) should consider recovering nearly $124,000 in improper travel expenses by former EPA Administrator Scott Pruitt, the agency’s inspector general recommended. The findings, issued nearly a year after Pruitt resigned amid controversy over his spending, travel, and ties to lobbyists and outside groups, highlight the fiscal impact of his penchant for high-end travel and accommodations. Investigators concluded that 40 trips Pruitt either took or scheduled during a 10-month period were excessive and cost taxpayers $985,037. The “questioned amount” the inspector general’s office identifies for possible recovery is the $123,941 that taxpayers spent on flying both Pruitt and a security agent in first- or business class, instead of coach.
‘It’s Entirely Inappropriate’: Trump shot a political video on Air Force One
MSN – Colby Itkowitz (Washington Post) | Published: 5/17/2019
Seated behind a desk on Air Force One, the presidential seal over his left shoulder, President Trump shot a short video recently, blasting New York City Mayor Bill de Blasio’s entry into the 2020 race. “If you like high taxes and if you like crime, you can vote for him – but most people aren’t into that,” the president said to the camera. Trump’s use of taxpayer-funded transportation to post a political message raises some legal and ethics questions. But possibly the greatest crime, some experts say, is the breakdown of norms.
Judge Orders Public Release of What Michael Flynn Said in Call to Russian Ambassador
MSN – Carol Leonnig and Rosalind Helderman (Washington Post) | Published: 5/16/2019
A federal judge ordered prosecutors to make public a transcript of a phone call that former national security adviser Michael Flynn tried hard to hide with a lie: his conversation with a Russian ambassador in late 2016. U.S. District Court Judge Emmet Sullivan also ordered the government also to provide a public transcript of a November 2017 voice mail involving Flynn. In that sensitive call, President Trump’s attorney left a message for Flynn’s lawyer reminding him of the president’s fondness for Flynn at a time when Flynn was considering cooperating with federal investigators. The transcripts, which the judge ordered be posted on a court website by May 31, would reveal conversations at the center of two major avenues of special counsel Robert Mueller’s investigation into Russian interference in the 2016 election.
Judge Rejects Trump’s Request to Halt Congressional Subpoenas for His Banking Records
MSN – Renae Merle, Michael Kranish, and Felicia Sonmez (Washington Post) | Published: 5/22/2019
A federal judge rejected a request by President Trump to block congressional subpoenas for his banking records, dealing the latest blow to the president in his bid to battle Democratic investigations into his personal finances. The decision in the U.S. District Court for the Southern District of New York could clear the way for Deutsche Bank and Capital One to hand over the president’s financial records to Democrats in the House. Trump’s attorneys could appeal the decision. But U.S. District Court Judge Edgardo Ramos said Trump’s lawsuit was unlikely to succeed.
Judge Rules Against Trump in Fight Over President’s Financial Records
Washington Post – Devlin Barrett, Spencer Hsu, Rachael Bade, and Josh Dawsey | Published: 5/20/2019
President Trump lost an early round of his court fight with Democrats after a federal judge ruled the president’s accounting firm must turn over his financial records to Congress as lawmakers seek to assert their oversight authority. Lawyers for the president are fighting document and witness subpoenas on multiple fronts, and Mehta’s ruling came hours after former White House Counsel Donald McGahn was directed not to appear before a congressional committee seeking testimony about his conversations with Trump. In his decision, Mehta flatly rejected arguments from the president’s lawyers that the House Oversight Committee’s demands for the records from Trump’s accounting firm, Mazars USA, were overly broad and served no legitimate legislative function.
Justin Amash, Tea Party Star, Earns Primary Challenge for Backing Impeachment
Washington Post – Isaac Stanley-Baker | Published: 5/20/2019
U.S. Rep. Justin Amash said President Trump engaged in activity worthy of impeachment, becoming the first Republican on Capitol Hill to break with the party’s line on impeachment. Amash’s announcement on Saturday came after he had finished reading the report prepared by special counsel Robert Mueller, as the lawmaker explained in a lengthy Twitter thread. On Sunday, it prompted an intraparty rival, Michigan Rep. Jim Lower, to declare he would run in the Republican primary next year for Amash’s seat. Amash’s survival may now depend on whether he has cultivated devotion among voters sufficient to override their loyalty to the president.
Women Strive to Close Gender Gap at Biz Groups
The Hill – Alex Gangitano | Published: 5/21/2019
Trade associations have made strides in gender diversity, with more women taking on prominent roles at industry groups. It is a trend advocates are pushing to build on. Women account for 41 percent of the chief executives or executive directors of trade associations. K Street observers are hopeful these trends will continue, especially with a record number of female lawmakers in the current Congress and growing pressure on the influence world to expand its hiring practices.
From the States and Municipalities
California – Brawl Erupts at Convention of Local Politicians, Roils Upscale Resort
Los Angeles Times – Adam Elmahrek, Ruben Vives, and Anh Do | Published: 5/20/2019
A conference of local government officials from California at the Renaissance Indian Wells Resort & Spa erupted into violence over when several attendees began throwing punches, with at least one person apparently knocked unconscious. It was not immediately clear who started the fight, but it involved members of the Commerce City Council and other public officials, according to a written statement from Mayor John Soria and several witnesses. Some witnesses said the melee involved more than seven people and included political consultants, government vendors, and elected officials from the Los Angeles area. One or more women were screaming, the sources said. “It was a hectic scene,” one witness said.
Mississippi – How Mississippi Lawmakers Gave $1.5 Million of Education Money to Weight Watchers
Jackson Clarion-Ledger – Giacomo Bologna | Published: 5/20/2019
Teachers in Mississippi shed pounds thanks to Weight Watchers courses paid mostly with state education money. But the biggest loser was taxpayers. Lawmakers gave Weight Watchers about $300,000 a year from 2011 to 2016, but documents from the Mississippi Department of Education show the voucher program at times needed about half that amount, or less, to operate. Weight Watchers never appeared in any education funding bills and never had a contract with the state. Weight Watchers paid $276,100 to lobbyist Beth Clay between 2010 and 2016. During that time, lawmakers directed nearly $1.5 million to New York-based Weight Watchers through a legislative side door.
Nevada – Where Women Call the Shots
Washington Post – Emily Wax-Thibodeaux | Published: 5/17/2019
Since Nevada seated the nation’s first majority-female state Legislature in January, the male old guard has been shaken up by the perspectives of female lawmakers. Bills prioritizing women’s health and safety have soared to the top of the agenda. Mounting reports of sexual harassment have led one male lawmaker to resign. And policy debates long dominated by men, including prison reform and gun safety, are yielding to female voices. A coordinated campaign of political groups and women’s rights organizations recruited women to run in Nevada. Emerge Nevada, said it trained twice as many female candidates ahead of the 2018 midterm election as it had in the preceding 12 years. Meanwhile, the election of Donald Trump mobilized Democratic women nationwide, including in Nevada, where women already held 40 percent of statehouse seats.
New Jersey – Governor’s Feud with Party Boss Rocks New Jersey Politics
Politico – Ryan Hutchins | Published: 5/21/2019
An intraparty fight among Democrats in New Jersey has turned into an open civil war, pitting the state’s novice governor against an old-school political boss who has ruled for more than two decades, and potentially reordering the political landscape in what has become a national Democratic stronghold. The protagonists are Gov. Phil Murphy, a former Goldman Sachs executive who pledged to clean up state government, and George Norcross, an insurance executive who is the state’s most powerful unelected official. Murphy launched an unprecedented public attack on Norcross, who is among the people targeted by an inquiry into the state’s multi-billion-dollar tax incentive programs. Norcross has responded by opening fire on the governor, breaking his typical silence to compare Murphy to the king of England and call him a “liar” and “politically incompetent.”
New York – A Cuomo Donor’s Nonstop Connections
Albany Times Union – Chris Bragg | Published: 5/19/2019
Beyond being a prolific campaign fundraiser, aviation magnate Adam Katz has himself been one of New York Gov. Andrew Cuomo’s largest campaign donors. Katz has given Cuomo six-figure sums though a wide array of limited liability companies, prompting business rivals to allege he has had undue influence with administration agencies. State records also indicate a more unusual pattern: many people with ties to Katz – lawyers, business associates, an extended family tree – have contributed to Cuomo’s campaign in large, often identical amounts and on the same days. Aside from the gifts to Cuomo, many of those people had never contributed similarly large amounts to New York candidates.
New York – New York Passes Bill Giving Congress a Way to Get Trump’s State Tax Returns
MSN – Jesse McKinley (New York Times) | Published: 5/22/2019
New York lawmakers gave final approval to a bill that would clear a path for Congress to obtain President Trump’s state tax returns, injecting another element into the battle over the president’s refusal to release his taxes. The bill, which is expected to be signed by Gov. Andrew Cuomo, will authorize state tax officials to release the president’s state returns to any one of three congressional committees. The returns – filed in New York, the president’s home state and business headquarters – would likely contain much of the same information as the contested federal returns, though it remained unclear whether congressional committees would use such new power in their investigations.
Oregon – Kate Brown’s Top Aides Went Into Overdrive Doing Campaign-Like Work During Heated Governor’s Race, Records Show
Portland Oregonian – Hillary Borrud | Published: 5/18/2019
Publicly, the governor’s office said there was a bright line drawn between the work of Kate Brown’s campaign, which was explicitly political and focused on her re-election, and the state-paid employees in the governor’s office, who are to administer state business. But newly released records show Brown’s state staff in fact shifted into overdrive during that period to lay out her policy positions and accomplishments on education and other central campaign issues. Her most influential aides orchestrated a series of “white papers” and planned public events designed to show her as someone who had gotten things done and had strong policy views, according to nearly public records.
Tennessee – Tennessee House Speaker Glen Casada to Resign Position After Sexually Charged Texts
USA Today – Joel Ebert and Natalie Allison (The Tennessean) | Published: 5/21/2019
Tennessee House Speaker Glen Casada will resign from his leadership post following a vote of no confidence by his Republican caucus amid a scandal over explicit text messages. His political support began to waver when his former chief of staff, Cade Cothren, was pressured into resigning after the release of racist texts and the sexually explicit messages, and Cothren’s admission that he used cocaine in his legislative office before becoming Casada’s top aide. Casada was included in one of the group texts with a racist message but has said he never saw it. Other allegations continued to pile up, ranging from accusations Casasda spied on legislative members to a colleague’s claim that Casada tried to “rig and predetermine” an ethics review regarding his controversies.
Virginia – Investigators Could Not Determine If Virginia Gov. Ralph Northam Is in Racist Yearbook Photo
Washington Post – Laura Vozzella and Jim Morrison | Published: 5/22/2019
A nearly four-month inquiry into a racist photograph on the medical school yearbook page of Virginia Gov. Ralph Northam was unable to determine whether Northam was in the image – which showed one man dressed in a Ku Klux Klan robe and another in blackface – deepening a mystery that threw the state government into chaos. But the investigation also found no evidence the photo had been mistakenly published in a yearbook section with Northam’s name and other pictures of him alone. The investigators, including a former state attorney general, noted, though, that they could not confirm “the origin” of the image. Northam spoke with investigators twice and told them he was “positive” he was not in the photograph.
Washington – ‘Gray Money’: New Washington law to lift the cloak on PAC funders
Seattle Times – Joseph O’Sullivan | Published: 5/19/2019
Washington’s transparency law has tried to help voters determine funders for PAC ads. On the advertisements, PACs must disclose their top five contributors who meet a certain dollar threshold. That could be an individual or an entity such as a corporation or labor union. But what happens when the donor is another PAC with a generic, soft-focus name? It is a tactic called “gray money” and it is a popular strategy around the nation for shielding the flow of money. Through a series of “nesting doll” PACs, campaigns or political parties can cloak donations by individuals, corporations, industry associations, or labor unions. Now, a measure passed by state lawmakers this year could aid voters by revealing some of the top donors or organizations behind the cryptic groups.
Washington DC – Clients of D.C. Council Member Jack Evans Had Interests Before D.C. Government
Washington Post – Steve Thompson | Published: 5/23/2019
District of Columbia Councilperson Jack Evans, one of the most powerful politicians in the city, has used his legislative position in ways that could benefit clients of his private consulting business, an examination of his record shows. Over several years, Evans has introduced legislation, championed projects and promoted tax incentives connected to his private clients. Some efforts have met with more success than others. Evans is the focus of an investigation by a federal grand jury, which subpoenaed records from the city related to Evans and his constellation of private legal and consulting clients. At least three of these businesses have had interests before the District of Columbia government.
May 17, 2019 •
News You Can Use Digest – May 17, 2019
National/Federal At the N.R.A., a Cash Machine Sputtering MSN – Danny Hakim (New York Times) | Published: 5/14/2019 A review of tax records by The New York Times shows that, to steady its finances, the National Rifle Association (NRA) increasingly relied on cash […]
National/Federal
At the N.R.A., a Cash Machine Sputtering
MSN – Danny Hakim (New York Times) | Published: 5/14/2019
A review of tax records by The New York Times shows that, to steady its finances, the National Rifle Association (NRA) increasingly relied on cash infusions and other transactions involving its affiliated foundation, at least $206 million worth since 2010. The role of the foundation is among the issues being examined in a new investigation into the NRA’s tax-exempt status by the New York attorney general. At issue for investigators, tax experts say, would be whether that money was being used for charitable purposes, as required by law, and not to help finance the NRA’s political activities.
‘Being Governor Ain’t What It Used to Be’: How their road to the White House became an uphill climb
Governing – Alan Greenblatt | Published: 5/8/2019
Governors were once a dominant force in presidential politics, winning seven of the eight elections between 1976 and 2004. Those days appear to be over. In 2016, no fewer than 10 current or former governors ran for president. None of them came close to winning a major-party nomination. This year, the Democratic field is dominated by U.S. senators, while governors are at the back of the pack in the polls. Historically, governors fared well in national politics when voters were fed up with Washington, noted Saladin Ambar, a political scientist at Rutgers University. Yet the public’s trust in the federal government is near an all-time low, and governors are still failing to gain any traction.
Complaints Grow That Trump Staffers Are Campaigning for Their Boss
Politico – Anita Kumar | Published: 5/15/2019
A Trump appointee displayed a “Make America Great Again” hat at her Housing and Urban Development office. A top official at the Office of Management and Budget used his official Twitter account to promote President Trump’s campaign slogan. And White House Counselor Kellyanne Conway delivered a scathing and unprompted attack on Trump’s potential opponent, Joe Biden, during a television interview. Those three instances, all in the last few months, are just a few of the growing number of complaints since Trump took office that federal employees are using their platform to campaign for the president or his allies, a violation of the Hatch Act. In Trump’s first year on the job, formal complaints to the government office that oversees compliance with the 80-year-old law jumped nearly 30 percent.
Donald Trump Jr. Strikes Deal for ‘Limited’ Interview with Intelligence Committee
MSN – Maggie Haberman and Nicholas Fandos (New York Times) | Published: 5/14/2019
Donald Trump Jr. and the Republican-controlled Senate Intelligence Committee reached a deal for the president’s eldest son to return for a time-limited private interview with senators in the coming weeks, an accord that should cool a heated intraparty standoff. The terms of the compromise include an appearance by Trump Jr. in mid-June, with the questions limited to about a half-dozen topics and the time limited to no longer than two to four hours. Senate investigators are particularly interested in asking the younger Trump about the June 2016 meeting at Trump Tower with a Russian lawyer who promised “dirt” on Hillary Clinton, as well as about his knowledge of a proposed Trump Tower project in Moscow. Some Democrats have accused Trump Jr. of potentially misleading other congressional committees.
Duped into Making a Bogus Campaign Donation? Call a Prosecutor
Bloomberg Government – Kenneth Doyle | Published: 5/8/2019
It seems to be equally true that federal authorities are cracking down on grifters who live large on money Americans thought they gave to legitimate political campaigns, and federal authorities might be encouraging scammers by doing nothing about misleading appeals for political money. The first set of authorities work for the U.S. Justice Department. The other is the FEC, made up of two Democrats and two Republicans. When their views clash, it is a tie and nothing can happen. “The Justice Department has become the primary enforcer of campaign finance laws because the FEC is unable to do its job,” said election attorney Brett Kappel. A potential downside, he said, is that prosecutors focus on the most egregious cases that can lead to a criminal conviction, so many other cases can slip through the cracks.
Evidence of Illegal Campaign Donations by Boston’s Thornton Law Firm Found, Case Dismissed Anyway
Boston Globe – Andrea Estes | Published: 5/15/2019
Staff lawyers at the FEC found Boston’s Thornton Law firm likely used a phony program to repay partners for political donations, but the case was dismissed after commissioners deadlocked on whether to pursue it. FEC staff found extensive evidence that Thornton, a major supporter of the Democratic Party and its candidates, illegally reimbursed partners for more than $1 million in donations. But commission voted along party lines and produced a tie vote, which dismisses the complaint instead of opening a full-scale investigation. Now, the group that filed the complaint against Thornton, the Campaign Legal Center, is considering pursuing the matter in federal court.
Federal Election Commission Lays Bare Internal Conflicts and Challenges in Letter to Congress
Center for Public Integrity – Dave Levinthal | Published: 5/9/2019
The FEC’s four leaders are offering lawmakers clashing perspectives on the agency’s very purpose. The commissioners’ comments are part of 171 pages’ worth of responses to dozens of questions Committee on House Administration Chairperson Zoe Lofgren sent the agency. Lofgren has openly doubted the FEC’s ability to function as it struggles with deadlocked votes, internal conflict, chronic vacancies, and low morale. Her inquiries come at a time when “dark money” and the specter of foreign election interference have captured the attention of the public amid historically long and expensive federal campaign seasons.
How William Barr, Now Serving as a Powerful Ally for Trump, Has Championed Presidential Powers
Connecticut Post – Tom Hamburger (Washington Post) | Published: 5/14/2019
Embracing a theory that the Constitution grants presidents sweeping authority, Attorney General William Barr is part of a group of conservative intellectuals who have been leading the charge to expand the powers of the executive branch over the past four decades. The doctrine, which gained support amid a backlash against post-Watergate constraints on the presidency, is back in the fore as President Trump and Congress are locked in a bitter fight over the bounds of executive power. Back at the helm of the Justice Department, Barr is in a singular position to put his philosophy into action. Critics say Barr is providing the intellectual framework to enable Trump’s view of an imperial presidency and stonewall legitimate requests for information from Congress.
Rudy Giuliani Cancels His Trip to Ukraine, Blaming Democrats’ ‘Spin’
MSN – Kenneth Vogel (New York Times) | Published: 5/11/2019
Facing accusations of seeking foreign assistance for President Trump’s re-election campaign, Rudolph Giuliani announced he had canceled a trip to Kiev in which he planned to push the incoming Ukrainian government to press ahead with investigations that he hoped would benefit Trump. Giuliani, the president’s personal lawyer, explained that he felt as if he was being “set up” by Ukrainians critical of his efforts, and he blamed Democrats for trying to “spin” the trip. The Ukrainian trip raised the specter of a lawyer for Trump pressing a foreign government to pursue investigations his allies hope could help him win re-election. And it comes after Trump has spent more than half of his term facing scrutiny about whether his 2016 campaign conspired with Ukraine’s hostile neighbor, Russia.
Scrutiny of Russia Investigation Is Said to Be a Review, Not a Criminal Inquiry
MSN – Charlie Savage, Adam Goldman, and Nicholas Fandos (New York Times) | Published: 5/14/2019
The federal prosecutor tapped to scrutinize the origins of the Russia investigation is conducting only a review for now and has not opened any criminal inquiry. U.S. Attorney John Durham is broadly examining the government’s collection of intelligence involving the Trump campaign’s interactions with Russians. The additional details about the scope and limits of his role emerged a day after it was reported that Attorney General William Barr had put Durham in charge of scrutinizing the early stages of the Trump-Russia investigation during the 2016 election. The distinction means Durham for now will not wield the sort of law enforcement powers that come with an open criminal investigation, such as the ability to subpoena documents and compel witnesses to testify.
Trump and His Allies Are Blocking More Than 20 Separate Democratic Probes in an All-Out War with Congress
MSN – Rachael Bade and Seung Min Kim (Washington Post) | Published: 5/10/2019
President Trump and his allies are working to block more than 20 separate investigations by Democrats into his actions as president, his personal finances, and his administration’s policies, according to a Washington Post analysis, amounting to what many experts call the most expansive White House obstruction effort in decades. Trump’s noncooperation strategy has shifted from partial resistance to all-out war as he faces mounting inquiries from the Democratic-controlled House, a strategy many legal and congressional experts fear could undermine the institutional power of Congress for years to come. House Democrats say the administration has failed to respond to or comply with at least 79 requests for documents or other information.
Trump’s Lawyers Question Congress’ Power to Investigate Him, Battle House Over Demand for Financial Records
USA Today – Bart Jansen | Published: 5/14/2019
Lawyers for President Trump and the U.S. House clashed in federal court over the extent of Congress’ power to investigate him in the first legal test of Trump’s effort to block sprawling probes of his finances and private business. Trump wants a judge to prevent a congressional committee from obtaining financial records from his longtime accountant, Mazars USA. It is the first court test of how much information the half-dozen committees conducting investigations of Trump and his businesses might be able to obtain. Trump’s personal lawyer argued Congress was seeking the president’s financial information for what is essentially a law-enforcement purpose, which was outside its authority, rather to work on legislation. Douglas Letter, the general counsel for the House, argued that Congress has broad investigative authority.
Want a Bridge? Trump Blurs Line Between Governing, Campaign
AP News – Jill Colvin | Published: 5/15/2019
President Trump stood before a Louisiana crowd at an official taxpayer-funded event and tossed out an enticing promise. “If we win this election, which is just 16 months away, we’re giving you a brand new I-10 bridge.” Trump’s commitment drew cheers from his audience. But it generated immediate criticism from ethics experts who have already sounded alarms about Trump’s apparent willingness to put the federal bureaucracy to work for his own political gain. All presidents benefit from the trappings of the office. But as Trump heads into his re-election campaign, historians and observers are wondering just how far the president might be willing to go in using the levers of presidential power to energize his supporters and help bolster his election chances, especially if the polls are tilting against him.
White House Asked McGahn to Declare Trump Never Obstructed Justice
MSN – Michael Schmidt (New York Times) | Published: 5/10/2019
White House officials asked at least twice in the past month for the key witness against President Trump in the Mueller report, Donald McGahn, to say publicly he never believed the president obstructed justice. Trump asked White House officials to make the request to McGahn, who was the president’s first White House counsel. McGahn declined. His reluctance angered the president, who believed McGahn showed disloyalty by telling investigators for special counsel Robert Mueller about Trump’s attempts to maintain control over the Russia investigation. McGahn initially entertained the White House request. But after Meuller’s report was released, detailing the range of actions Trump took to try to impede the inquiry, McGahn decided to pass on putting out a statement supportive of the president.
Canada
Canada – Watchdog Warns Lobbyists About Partisan Fundraisers, Expressing Political Views
National Observer – Carl Meyer | Published: 5/13/2019
Federal Lobbying Commissioner Nancy Bélanger warned lobbyists in Canada to be careful about participating in partisan activities such as fundraising events and expressing personal political views in public, to avoid placing themselves in a conflict-of-interest. She delivered the warning in updated guidelines for lobbyists posted a few days after a significant court ruling that also appeared to expand the scope of the federal Lobbying Act. The new guidelines shift some activities that Bélanger’s office had previously considered to hold “no risk” into a new category she said does carry risks of placing a lobbyist in a conflict-of-interest situation.
From the States and Municipalities
Florida – Former Palm Bay Deputy Manager Dave Isnardi Arrested, Charged with Racketeering, Other Felonies
Florida Today – John McCarthy | Published: 5/10/2019
Former Palm Bay Deputy City Manager Dave Isnardi was arrested on charges of racketeering and conspiracy. Isnardi is the husband of Brevard County Commission Chairperson Kristine Isnardi. A second man, Jose Aguiar, a former candidate for the Palm Bay City Council, also was arrested. The arrest warrants show the FBI and Florida Department of Law Enforcement have been investigating allegations of corruption and undue influence on city officials in Palm Bay since at least 2015. Though not arrested or charged, the warrants allege city Councilperson Jeff Bailey had an addiction to oxycodone and former Councilperson Tres Holton had sex with prostitutes and used cocaine. It also alleges Holton obtained prostitutes for Mayor William Capote while the men were in Tallahassee.
Florida – NRA Pays Lobbyist Marion Hammer Big Bucks, But You Won’t Find That Disclosed in Tallahassee
Florida Bulldog – Dan Christensen | Published: 5/14/2019
The National Rifle Association (NRA) paid Tallahassee lobbyist Marion Hammer more than $250,000 last year in the wake of the Parkland school massacre. But that payment is not disclosed on quarterly compensation reports that lobbying firms and contract lobbyists are required to file with the Florida Senate. Hammer, both an NRA board member and a registered NRA lobbyist in Florida, has not filed any compensation reports with the state since at least 2007. During Hammer’s tenure with the NRA, the Florida Legislature passed the landmark “Right to Carry” law, allowing weapons, including handguns, to be carried in public in a concealed manner. She also helped secure many other pro-gun laws, including the “Firearms Preemption Law” that eliminated hundreds of gun-control ordinances in cities and counties across the state.
Georgia – Georgia Insurance Commissioner Indicted on Fraud Charges
AP News – Kate Brumback | Published: 5/14/2019
Georgia Insurance and Safety Fire Commissioner Jim Beck was indicted on federal charges of wire fraud, mail fraud, and money laundering that stem from alleged crimes that preceded his election. The indictment accuses Beck of devising an elaborate fraudulent invoicing scheme to defraud his employer out of more than $2 million over a five-year period just prior to his election. The charges relate to Beck’s time as general manager of operations for the Georgia Underwriting Association. The indictment says Beck used the money for personal expenses and to fund personal investment, retirement, and savings accounts, as well as his statewide election campaign. The indictment also says he used the funds to buy and improve personal rental property and for personal state and federal income taxes.
Louisiana – Why the ‘Most Egregious’ Ethics Case in Louisiana Remains Open Nine Years Later
ProPublica – Andrea Gallo (The Advocate) | Published: 5/16/2019
In 2010, the Louisiana Board of Ethics accused former state Sen. Robert Marionneaux Jr. of failing to disclose he was being paid to represent a company in a lawsuit against Louisiana State University (LSU). The lack of transparency was only part of the problem. Marionneaux offered to get the Legislature to steer public money toward a settlement, according to charges the board later filed against him. The money would also help pay off his contingency fee, which an LSU lawyer pegged at more than $1 million. The case is pending and Marionneaux has not been punished. Watchdogs and ethics advocates say the glacial pace of the Marionneaux case and its limited scope exemplify the weaknesses of Louisiana’s ethics enforcement system.
Massachusetts – New Rules Mean Chick-fil-A Is Now a Registered Lobbyist at City Hall – Along with Many Others
Boston Globe – Milton Valencia | Published: 5/15/2019
Under a first-of-its-kind lobbying ordinance that went into effect this year, more than 230 lobbyists, firms, and their clients have registered in Boston, and the list reads like a who’s who of players in local politics. The new regulations are intended to make public those who influence city business, especially at a time when Boston has been regulating burgeoning industries, such as cannabis and short-term rentals. Prior to this, only a handful of lobbying and law firms complied with a little-known and unenforced city ordinance that required them to notify the clerk’s office that they had be doing business with the city council. Any lobbyists or advocates who dealt with the city otherwise went virtually undetected.
Massachusetts – Regulators Slash the Dollar Amount Unions Can Donate to Candidates in Mass.
Boston Globe – Matt Stout | Published: 5/9/2019
The Office of Campaign and Political Finance (OCPF) released a new regulation that reduces how much unions and nonprofit groups can contribute to individual candidates in Massachusetts. It limits contributions to $1,000 per candidate, $5,000 per party, and $500 per PAC. Currently, labor unions can give up to $15,000 annually to a single candidate. Derided by critics as a loophole for unions, the $15,000 cap survived a challenge before the Supreme Judicial Court when the justices upheld the longstanding ban on direct corporate gifts. But the court implied the OCPF should review the regulation about the cap. The limits take effect May 31.
Michigan – Michigan Lawmaker Indicted on Bribery Charge Over Prevailing Wage Repeal Vote
Detroit News – Jonathan Oosting | Published: 5/15/2019
Michigan Rep. Larry Inman is facing federal charges for allegedly soliciting bribes and attempted extortion ahead of a 2018 vote to repeal the state’s prevailing wage law for construction workers. A grand jury indictment includes text messages from Inman that show the him seeking campaign contributions from the Michigan Regional Council of Carpenters and Millwrights union, which opposed the initiated legislation. Authorities are accusing Inman of unlawfully and corruptly soliciting those contributions in exchange for a potential “no” vote on the legislation, which he ended up voting for instead. “We only have 12 people to block it,” Inman said in a text to a union representative. “You said all 12 will get $30,000 each to help there (sic) campaigns. That did not happen, we will get a ton of pressure on this vote.”
Missouri – St. Louis Aldermen Push New Lobbyist Gift Limits, Campaign Donation Rules
St. Louis Post-Dispatch – Mark Schlinkmann | Published: 5/14/2019
A ban on lobbyist gifts of more than five dollars to elected city officials and restrictions on campaign donations from individuals or entities seeking city contracts are part of a set of ethics proposals to be introduced at the St. Louis Board of Aldermen. The package also bars contributions to candidates for city offices made with the intent of concealing the identity of the money’s source. The three city charter amendments, if endorsed by the board, would go before voters at the November 2020 election.
New Jersey – Will Murphy’s CV Deal a Death Blow to NJ’s Dark-Money Bill?
NJ Spotlight – Colleen O’Dea | Published: 5/14/2019
New Jersey Gov. Phil Murphy issued a conditional veto of a bill that would have required certain independent expenditure committees to disclose their donors. The legislation required groups to disclose all spending over $3,000, and said donors giving over $10,000 must be listed. Murphy said because the measure applied to groups influencing legislation and regulations, it could go beyond the scope of disclosure allowed under the Constitution. The governor also said those who receive tax credits over $25,000 should be required to disclose donors, and any entity with $17,500 or more in contracts with a public body should disclose all contributions to outside advisory groups. Lawmakers can vote to agree with Murphy’s conditions, in which case it would become law. They could also try to override the veto.
South Dakota – Federal Judge Strikes Down IM 24 as Unconstitutional
Sioux Falls Argus Leader – Lisa Kaczek | Published: 5/9/2019
A federal judge struck down a ban on out-of-state contributions to South Dakota ballot question committees. U.S. District Court Judge Charles Kornmann issued an order declaring Initiated Measure 24 as unconstitutional because it violates “the First Amendment rights to engage in political speech and to associate with others to fund political speech.” It is also unconstitutional because it interferes with the “free flow of money” between people and entities from another state, Kornmann wrote in his judgment. Kornmann ordered that the state is barred from implementing or enforcing the law, which was scheduled to take effect July 1.
Tennessee – After Bragging About Sex at Party Fowl, Former Chief of Staff’s Tab May Have Been Paid by Glen Casada Donors
The Tennessean – Joel Ebert | Published: 5/15/2019
When Tennessee House Speaker Glen Casada’s former chief of staff boasted to his boss in 2016 about having sex with a woman at Party Fowl, the food and drink purchases made at the restaurant may have been paid for by campaign donors. The finding comes amid a larger review of spending by lawmakers, including Casada, who utilize PACs. The review highlights a loophole in state law that allows lawmakers to create PACs and spend thousands of dollars on items they would normally be prohibited from purchasing using traditional campaign funds. Casada faces calls for his resignation as he reels from a scandal involving a series of racist and misogynistic text messages sent by his former chief of staff, including the exchange about sex in a bathroom at a Nashville restaurant.
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