September 8, 2017 •
News You Can Use Digest – September 8, 2017
National: Software Glitch or Russian Hackers? Election Problems Draw Little Scrutiny New York Times – Nicole Pearlroth, Michael Wines, and Matthew Rosenberg | Published: 9/1/2017 After a presidential campaign scarred by Russian meddling, local, state, and federal agencies have conducted […]
National:
Software Glitch or Russian Hackers? Election Problems Draw Little Scrutiny
New York Times – Nicole Pearlroth, Michael Wines, and Matthew Rosenberg | Published: 9/1/2017
After a presidential campaign scarred by Russian meddling, local, state, and federal agencies have conducted little of the type of digital forensic investigation required to assess the impact, if any, on voting in at least 21 states whose election systems were targeted by Russian hackers. The assaults on the vast back-end election apparatus – voter-registration operations, state and local election databases, e-poll books, and other equipment – have received far less attention than other aspects of the Russian interference, such as the hacking of Democratic emails and spreading of false or damaging information about Hillary Clinton. Yet the hacking of electoral systems was more extensive than previously disclosed.
Statehouses, Not Congress, Hosting Biggest Political Money Fights
Center for Public Integrity – Ashley Balcerzak | Published: 8/31/2017
Lawmakers in at least 18 states have introduced legislation this year to change the amount of money people can give to politicians. Half of the bills aim to increase contribution limits in attempts to keep pace with the rising number of outside forces that can spend unlimited amounts of cash. The other half try to decrease the limits to blunt the amount of money in politics. Meanwhile, national coalitions have swarmed statehouses and city halls. They are targeting disclosure laws, pay-to-play and lobbying rules, and the role corporations, unions, and nonprofits may play in elections, in addition to fundraising limits.
Federal:
A Two-Decade Crusade by Conservative Charities Fueled Trump’s Exit from Paris Climate Accord
Washington Post – Robert O’Harrow Jr. | Published: 9/5/2017
The story behind the Cooler Heads Coalition – an umbrella group in the vanguard of efforts to cast doubt on the gravity of climate change and thwart government efforts to address it – illuminates the influential, little-known role that tax-exempt public charities play in modern campaigns to sway lawmakers and shape policy while claiming to be nonpartisan educational organizations. It also offers insight into the forces behind a decision by President Trump that infuriated scientists and environmentalists, mystified U.S. allies, and went against the advice of some major corporations.
Democrats Say ‘Citizens United’ Should Die. Here’s Why That Won’t Happen.
Center for Public Integrity – Sarah Kleiner | Published: 8/31/2017
Seizing on the specter of Russian election influence, Democrats have ramped up their quixotic effort to blunt Citizens United v. Federal Election Commission, which unleashed a torrent of special interest spending on U.S. elections. They have introduced two dozen bills related to money in politics. Some are aimed at increasing donor transparency, others are targeting massive contributions from special interests. A couple are intent on reforming the FEC. None have had a single formal hearing, much less an up-or-down vote in either the House or Senate.
Trump Gets Millions from Golf Members. CEOs and Lobbyists Get Access to President
USA Today – Brad Heath, Fredreka Schouten, Steve Reilly, Nick Pezenstadler, and Aamer Madhani | Published: 9/6/2017
Members of clubs that Donald Trump owns and has visited most often as president include at least 50 executives whose companies hold federal contracts and 21 lobbyists and trade group officials. Two-thirds played on one of the 58 days Trump was there. A USA Today shows that for the first time in U.S. history, wealthy people with interests before the government have a chance for close and confidential access to the president as a result of payments that enrich him personally. The arrangement is legal, and members said they did not use the clubs to discuss government business. Nonetheless, ethics experts questioned whether it is appropriate for a sitting president to collect money from lobbyists and others who spend their days trying to shape federal policy or win government business.
From the States and Municipalities:
California
SF’s Political Watchdog Agency Proposes Sweeping Reforms, Nonprofits Cry Foul
San Francisco Examiner – Joshua Sabitini | Published: 9/4/2017
The San Francisco Ethics Commission is taking on the notorious “pay-to-play” culture at City Hall with proposed sweeping reforms. But some of the provisions have drawn the ire of nonprofits that warn it will deal a significant blow to their fundraising. One provision being discussed in the reform package would prohibit city commissioners from helping to raise money for candidates. Many nonprofit leaders blasted a portion of the sweeping reforms that would restrict so-called behested payments, which are contributions made to groups or causes at the request of elected officials.
Colorado
Denver Proposal Aims to Force Disclosure of Independent Spending in Elections as ‘Dark Money’ Trickles Down
Denver Post – Jon Murray | Published: 9/4/2017
A Denver City Council proposal seeks to close transparency gaps that allow “dark money” to go unreported as long as the people behind it do not coordinate directly with a candidate’s campaign. The proposal would adopt the state definitions of “independent expenditure” and “electioneering communication.” The individual, company, or other group behind the independent spending would have to file public reports within two days after more than $1,000 is spent, including disclosing anyone who gives more than $25 to the effort. They also would have to make clear on any mailers, broadcast ads, or other advertising who paid for them and the independence from the candidate’s or issue’s official campaign. The proposal also would modify the city’s campaign finance ordinance in other ways.
Maryland
Facing Minor Fine, Hogan Campaign Lawyer Threatens Attorney General Frosh
Washington Post – Fenit Nirappil | Published: 8/31/2017
Maryland Gov. Larry Hogan’s re-election campaign could be hit with a $250 fine for a minor violation of state election law, an inconvenience that has erupted into a partisan brawl. Hogan’s campaign attorney, Dirk Haire, who also chairs the Maryland Republican Party, will ask the state prosecutor’s office to launch an official misconduct investigation if state Attorney General Brian Frosh does not act to block the fine, which was proposed by staffers at the Board of Elections in response to a complaint from Maryland Democratic Party Chairperson Kathleen Matthews. Haire is also threatening to file a complaint alleging Frosh’s campaign illegally charged children for ice cream at a fundraiser.
Missouri
Councilwoman Repays Lobbyist, Concerned over Gifting
St. Joseph News-Press – Brendan Welch | Published: 9/6/2017
St. Joseph City Council Member Joyce Starr presented a check to a local lobbyist during a council meeting to avoid taking what she considered to be an unethical gift. Starr said council members often go out in a group after meetings to HiHo Bar and Grill, and Kenneth Reeder, a local political activist and lobbyist, is usually in attendance. She said after the August 11 council meeting, she discovered Reeder was being repaid for purchasing them dinner and drinks, and was not comfortable with it. Starr said the check was only for four dollars, “but it’s just the principle of the thing.”
South Carolina
Rep. Jim Merrill Pleads Guilty to Misconduct, Agrees to Assist Investigators in Statehouse Corruption Probe
Charleston Post and Courier – Glenn Smith and Andrew Brown | Published: 9/1/2017
South Carolina Rep. Jim Merrill pleaded guilty to using his office for personal profit, resigned his seat in the Legislature, and was sentenced to one year of probation. The plea agreement requires him to cooperate with state investigators and the FBI as they continue to probe corruption at the statehouse. Merrill was accused of using his office and his consulting firm to garner more than $1 million from trade groups and companies at a time when he was both a lawmaker and a consultant. He failed to report money he received from companies and groups that lobby legislators, did not file reports of campaign-related spending from the House Republican Caucus, and overcharged for his work.
Texas
Court: Texas Can Enforce New Voter ID Law in November
Governing – Allie Morris | Published: 9/6/2017
A federal appeals court panel ruled Texas can use its revised voter ID measure for the upcoming November elections, the latest in a series of winding legal battles on whether the state has intentionally discriminated against black and Latino voters through its original law passed in 2011 In August, U.S. District Court Judge Nelva Gonzales Ramos threw out Senate Bill 5, which the state Legislature passed earlier this year and in some ways softened the previous requirements that Texans present one of seven forms of photo ID at the polls in order to cast a ballot. Ramos said the state’s new voter ID law failed to fix the intentional discrimination against minority voters found in a 2011 law. The stay suspends that order until the appeals court can hear the merits for and against the state’s appeal.
Texas
Fred Lewis Appointment Stirs Controversy
Austin Monitor – Jo Clifton | Published: 9/1/2017
Fred Lewis, an attorney who served as the main architect of Austin’s new lobbying ordinance, surprisingly became the center of a controversy when the city council appointed him to serve on the Charter Review Commission. Lewis worked for many months on an ordinance specifically aimed at preventing lobbyists from serving on city commissions.
West Virginia
Charge Dropped Against Reporter Who Questioned Tom Price
New York Times – Matt Stevens | Published: 9/6/2017
West Virginia prosecutors dropped charges against a reporter who was arrested after peppering U.S. Health and Human Services Secretary Tom Price with healthcare policy questions while following him down a hallway at the Capitol. Prosecutors said the reporter, Dan Heyman, broke no laws. Heyman was arrested and jailed for willful disruption of state government processes. The arrest drew condemnation from civil rights and journalists’ rights groups, who said Heyman was merely performing his constitutionally protected duties.
Wisconsin
Report: New Ethics Commission has conducted just 1 investigation, says compliance is up
Wisconsin State Journal – Mark Sommerhauser | Published: 9/3/2017
A new report shows Wisconsin’s Ethics Commission investigated just one alleged violation in its first year of operation. That is a far less active pace than its predecessor, the Government Accountability Board (GAB). Republican lawmakers and Gov. Scott Walker created the Ethics Commission, saying the GAB was too partisan. Much of the new commission’s workings are shrouded by law. Hidden from public view are complaints alleging violations of ethics, campaign finance, or lobbying laws, as well as deliberations by the commission on whether to investigate complaints.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
September 1, 2017 •
News You Can Use Digest – September 1, 2017
National: Campaign Regulation Foes Targeting State-Level Restrictions Center for Public Integrity – Ashley Balcerzak | Published: 8/31/2017 Having won significant battles at the federal level over campaign finance laws, political groups and libertarian nonprofits are now targeting state-level rules in […]
National:
Campaign Regulation Foes Targeting State-Level Restrictions
Center for Public Integrity – Ashley Balcerzak | Published: 8/31/2017
Having won significant battles at the federal level over campaign finance laws, political groups and libertarian nonprofits are now targeting state-level rules in district and appellate courts across the country. The effects could be wide-ranging. The most notable battles deal with when groups need to disclose their donors, and whether contribution limits trample on donors’ freedoms of speech and expression.
The New Front in the Gerrymandering Wars: Democracy vs. math
New York Times – Emily Bazelon | Published: 8/29/2017
Wisconsin Republicans tried hard to keep their legislative mapmaking process a secret, but they were not successful. In the first of two lawsuits brought by Democratic voters, three federal judges berated GOP leaders in 2012 for ‘‘flailing wildly in a desperate attempt to hide’’ their methods to assure Republican control of the state Legislature. A court ordered Republicans to turn over three computers. In 2016, a computer expert hired by the plaintiffs found spreadsheets that used a powerful new gerrymandering tool, based on sophisticated computer modeling.
Federal:
How to Get Rich in Trump’s Washington
New York Times – Nicholas Confessore | Published: 8/30/2017
Interests that have spent millions of dollars lobbying in Washington, D.C. were surprised by Donald Trump’s victory last November. By the end of his first 100 days in office, it seemed, Trump had not so much “drained the swamp” as enshrouded it in a fog of uncertainty. No previous president had changed his mind more often, or contradicted his cabinet so frequently, or permitted such ideological combat in the White House. Big corporations and trade associations did not quite know what to expect. But mostly, they did not know whom to contact. All of this inadvertently created an entirely new business model for Trump’s friends and former employees.
Members of Congress Scoring Personal Loans from Political Supporters
Center for Public Integrity – Nicholas Jahr and Ellen McCreary Ionas | Published: 8/29/2017
A review of financial disclosure forms filed by current members of the U.S. House and Senate reveals at least 19 have accepted loans from organizations or wealthy individuals instead of a bank or traditional financial institution. Often, these organizations and individuals rank among the lawmakers’ key political supporters. In two of these cases, the loans were made to members’ spouses. The loans range in value from $15,000 to $5 million. There is nothing illegal about such loans, even when the lender is also a campaign donor. But watchdog groups say such arrangements raise concerns about possible conflicts-of-interest.
Washington Lobbying Firms Receive Subpoenas as Part of Russia Probe
Washington Post – Carol Leonnig and Tom Hamburger | Published: 8/25/2017
Special counsel Robert Mueller issued grand jury subpoenas asking public relations and lobbying firms to provide records regarding their interactions with the consulting firms led by Michael Flynn, a former national security adviser to President Trump, and Paul Manafort, former chairperson of the Trump presidential campaign. The requests suggest Mueller’s investigators are looking closely at Manafort and Flynn, both of whom face possible legal jeopardy for allegedly failing to disclose foreign governments or parties may have been the beneficiaries of their consulting and lobbying work, as they seek potential links between Trump’s campaign and Russia.
From the States and Municipalities:
California
3 of 4 Colonies Corruption Defendants Found Not Guilty on All Charges
San Bernardino Sun – Joe Nelson and Richard Deatley | Published: 8/28/2017
Developer Jeff Burum and two former San Bernardino County officials – former Supervisor Paul Biane, and Mark Kirk, former chief of staff for then-county Supervisor Gary Ovit – were found not guilty of bribery, conflict-of-interest, and improper influence in an alleged scheme to get county approval of a $102 million court settlement in favor of a developer. Prosecutors alleged Burum paid $400,000 in political contributions to the defendants and former Board of Supervisors Chairperson Bill Postmus, who later entered a plea bargain with prosecutors and testified at the trial. The money, investigators alleged, were actually bribes or payments for delivering the settlement.
Florida
FBI Arranged Outings for Gillum, Others During NYC Trip
Tallahassee Democrat – Jeff Burlew | Published: 8/25/2017
The FBI may have tried to entice Tallahassee Mayor Andrew Gillum through one of his close friends to see a Broadway show, catch a Major League Baseball game, and stay at a New York City hotel as part of its investigation into alleged public corruption in Tallahassee. Gillum, who had room reservations elsewhere, will not say if he stayed at or visited the Millennium Hotel in Manhattan, where an FBI agent posing as a developer had arranged rooms for him and others. He also will not say if he attended “Hamilton” or went to the New York Mets game. Public officials such as Gillum are required to report gifts valued over $100, though there are exceptions.
Georgia
White Lawmaker Warns Black Attorney She May ‘Go Missing’ If Confederate Statues Are Threatened
Washington Post – Cleve Wootson Jr. | Published: 8/30/2017
Georgia Rep. Jason Spencer said a former Democratic lawmaker might “go missing” if she continues to criticize Confederate statues. Spencer originally posted a photo with a memorial for Confederate President Jefferson Davis, saying the statue was Georgia’s history and used the hashtag #DealWithIt in a Facebook post. That prompted a response from former state Rep. LaDawn Jones, who told Spencer to “put your hoods and your tiki torches away. We are no longer afraid.” Spencer then said those who criticize the state’s Confederate history “will go missing in the Okefenokee” because people in South Georgia “will not put up with it like they do in Atlanta.”
Idaho
Lawmakers: Idaho ‘uniquely poised’ to stiffen campaign, lobbying disclosure requirements
Spokane Spoesman-Review – Betsy Russell | Published: 8/28/2017
Idaho lawmakers are mulling several key changes to the state’s campaign finance and lobbying laws. A bipartisan working group met for a second time to hear possible recommendations from the state’s top lobbyists and Secretary of State Lawerence Denney. The goal is to have the panel submit suggestions to before the 2018 legislative session begins in January. Some of the proposals would place new reporting requirements on PACs, and require lobbyists to report their expenditures year-round, rather than just during the legislative session.
Iowa
Special Interest Groups Spend Big at Iowa Capitol
Des Moines Register – Brianne Pfannenstiel | Published: 8/24/2017
A Des Moines Register analysis showed special interest groups in Iowa paid lobbyists about $20.4 million last year in an effort to sway policy on issues ranging from Medicaid to workers’ compensation to legalized fireworks. The data provide a broad look at who is vying for influence at the Capitol during a year in which Republicans took control of the House, Senate, and governor’s office for the first time in nearly 20 years. With the new power dynamic, many groups may choose to “lobby up,” either to capitalize on their new opportunity or to fight perceived threats, said lobbyist Jim Carney.
Kentucky
Ethics Group Wants to Know What Led Mnuchin to View Eclipse in Kentucky
Washington Post – Drew Harwell and Beth Reinhard | Published: 8/24/2017
Citizens for Responsibility and Ethics in Washington is seeking records detailing the cost of Treasury Secretary Steve Mnuchin’s recent trip to Kentucky in a government plane, saying it “seems to have been planned around the solar eclipse.” Mnuchin and his wife, Louise Linton, watched the eclipse from the lawn of Fort Knox in Kentucky, which was just outside the path of totality. It was Linton’s sharing of the expensive designer labels of her outfit as she stepped off the plane in Kentucky in an Instagram post and her subsequent rant against a commenter who criticized it that first raised eyebrows.
Massachusetts
In Massachusetts, Lobbyists Outnumber Lawmakers Seven-to-One
WWLP – Steve LeBlanc (Associated Press) | Published: 8/27/2017
There are now more than seven lobbyists for each of the 200 state lawmakers in Massachusetts. From 2006 to 2016, the number of active lobbyists jumped by about 1,000. A big part of the increase is due to a law that took effect in 2009 aimed at sharpening the definition of a lobbyist. Before the new law, an individual was not considered to be a lobbyist if he or she spent less than 50 hours lobbying, or received less than $5,000 in lobbying fees, during each six-month reporting period. The new law tightened that to 25 hours, or $2,500.
Michigan
Attorney: Michigan super PACs face ‘firestorm’ of fines
Detroit News – Jonathan Oosting | Published: 8/28/2017
Attorney Bob LaBrant asked Michigan Secretary of State Ruth Johnson’s office to clarify state rules governing super PAC contributions in the wake of a U.S. Supreme Court ruling in 2012 that opened the doors for unlimited but independent political spending as a form of free speech. Michigan has not updated its campaign finance laws to reflect the decision, and LaBrant argues a little-known state Bureau of Elections action in 2014 could lay the groundwork for a “firestorm” of complaints and fines that would cut across business, labor, conservative, and liberal donors.
Montana
Discounted Sale of US Interior Secretary’s Motor Home Raises Questions
ABC News – Bobcaina Calvin (Associated Press) | Published: 8/28/2017
U.S. Interior Secretary Ryan Zinke’s dormant congressional campaign committee recently sold a 2004 motor home at a steep discount to Montana Sen. Ed Buttrey. But a seemingly ordinary transaction between friends, when seen through the optics of stringent campaign finance laws, can raise a bevy of questions. After learning about the transaction, watchdogs are raising a $25,000 question: Why would Zinke’s campaign committee sell the Kountry Star Freightliner for half the price of its apparent $50,000 market value? The FEC prohibits political committees to sell assets, including campaign vehicles, below fair market value.
Washington
Is Olympia Lawyer the Democrats’ Champion in Complaint-Filing War?
Tacoma News Tribune – Melissa Santos | Published: 8/27/2017
A conservative activist has been taking aim at Democrats and liberal groups for the past year, filing at least 120 complaints saying they have broken Washington state’s campaign finance laws. Now, someone is turning the tables, saying conservative Glen Morgan and a group he leads have committed some of the same financial reporting violations. Walter Smith, an Olympia attorney, said he is concerned that the state’s campaign finance laws are being enforced unevenly due to the volume of complaints Morgan has filed against Democratic candidates in recent months.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
August 18, 2017 •
News You Can Use Digest – August 18, 2017
Federal: In Ukraine, a Malware Expert Who Could Blow the Whistle on Russian Hacking New York Times – Andrew Kramer and Andrew Higgins | Published: 8/15/2017 A hacker known as Profexer wrote computer code alone in an apartment and sold […]
Federal:
In Ukraine, a Malware Expert Who Could Blow the Whistle on Russian Hacking
New York Times – Andrew Kramer and Andrew Higgins | Published: 8/15/2017
A hacker known as Profexer wrote computer code alone in an apartment and sold his handiwork on the anonymous portion of the internet known as the Dark Web. Profexer’s posts, already accessible only to a small band of fellow hackers and cybercriminals looking for software tips, blinked out in January, just days after American intelligence agencies publicly identified a program he had written as one tool used in the hacking of the Democratic National Committee. But while Profexer’s online persona vanished, a flesh-and-blood person has emerged: a fearful man who the Ukrainian police said turned himself in early this year, and has now become a witness for the FBI.
Inside the Elizabeth Warren Merchandising Empire
Politico – Lauren Dezenski | Published: 8/13/2017
Elizabeth Warren is not just a progressive icon, she is a merchandising industry unto herself. The U.S. senator and presidential prospect is at the center of a sprawling business built around her appeal to liberals across the country, a reminder of the devotion she inspires on the left and the footprint she will cast in the 2020 Democratic primary. Warren’s campaign store has expanded beyond traditional political fare such as buttons, bumper stickers, tote bags, and T-shirts to offer a line of products that capitalize on the “Nevertheless, she persisted” meme spawned by Senate Majority Leader Mitch McConnell’s much-publicized admonishment of Warren on the Senate floor earlier this year.
Justice Dept. Demands Data on Visitors to Anti-Trump Website, Sparking Fight
New York Times – Charlie Savage | Published: 8/15/2017
The Department of Justice has requested information on visitors to a website used to organize protests against President Trump. Dreamhost, a web hosting provider, claimed that complying with the request would amount to handing over roughly 1.3 million visitor IP addresses to the government, in addition to contact information, email content, and photos of thousands of visitors to the website, which was involved in organizing protests against Trump on Inauguration Day. “hat information could be used to identify any individuals who used this site to exercise and express political speech protected under the Constitution’ First Amendment,”DreamHost wrote in a blog post.
Revocation of Grants to Help Fight Hate Under New Scrutiny After Charlottesville
New York Times – Ron Nixon and Eileen Sullivan | Published: 8/15/2017
A grant awarded by the Obama administration to an organization dedicated to combating right-wing domestic extremists was rescinded by the Trump administration. After the violent clash in Charlottesville, the move to pull back the money from an organization dedicated to helping people leave hate groups is receiving renewed scrutiny. The decision to rescind the grant highlights the different approach between Donald Trump and Barack Obama over whether Muslim extremists or white supremacist groups pose a greater domestic threat. Organizations that received funding from the Trump administration work almost exclusively on programs to deal with terrorist threats from Islamic extremists, even as research shows white supremacist groups have been linked to most domestic terrorist attacks in recent years.
From the States and Municipalities:
Alabama: Alabama Ethics Commission Punts on Lobbyist Opinion
Montgomery Advertiser – Brian Lyman | Published: 8/16/2017
The Alabama Ethics Commission voted to table a staff opinion that would have specifically classified site consultants as lobbyists under state law. State Secretary of Commerce Greg Canfield argued the opinion could imperil what he characterized as “confidential” negotiations for various economic development projects. “If companies considering multiple states to relocate existing operations were to have to disclose themselves publicly to the state, would they … consider Alabama when they have other states to consider where their confidentiality will be protected?” Canfield asked.
California: Hundreds of Dollars in ‘Gifts’ from Contractors to Supervisor Nelson Raise Legal Questions
Voice of OC – Nick Gerda | Published: 8/16/2017
Orange County Supervisor Shawn Nelson received more than $700 worth of wine and cigars from two contractors after he voted to award them county contracts, and his handling of the items may be a way around the county’s gift ban. Nelson used campaign funds to reimburse the lobbying firm Potomac Partners for $539 worth of wine, and Kevin McCarthy for $169 worth of cigars. Nelson said his approach is legal because he repaid the contractors, and the wine and cigars are not for his personal use, but rather for “officeholder” purposes. “Nobody anticipated that some guy that was doing business with the county could bring in an unsolicited gift, and then you just pay for it [with campaign funds the contractor contributed to] and it’s no longer a gift,” said Shirley Grindle, who helped write the county’s gift ban.
District of Columbia: ACLU Sues Washington, D.C., Transit System for Removing Milo Yiannopoulos Ads
Los Angeles Times – Matt Pearce | Published: 8/10/2017
The American Civil Liberties Union (ACLU) is suing the Washington Metropolitan Area Transit Authority for pulling or rejecting controversial ads, which the organization claims violates freedom of speech. In the lawsuit, the ACLU is representing a wide range of plaintiffs, including an abortion provider, People for the Ethical Treatment of Animals, and conservative firebrand Milo Yiannopoulos. One of the rejected ads featured the text of the First Amendment in English, Spanish, and Arabic, which the group proposed after President Trump escalated his feud with the media earlier this year. The authority rejected the ad on the grounds it “intended to influence members of the public regarding an issue on which there are varying opinions” or “intended to influence public policy.”
Florida: FBI Agents Went Undercover in Florida’s Capital for the ‘Biggest Investigation in Years’
USA Today – Sean Rossman | Published: 8/14/2017
Mike Miller was a developer willing to spend millions of dollars to revitalize downtown Tallahassee as the capital city longed to rebrand itself. But Miller was not what he appeared to be. After spending nearly two years infiltrating the ranks of up-and-coming entrepreneurs and wooing the town’s politicians, he vanished – until early this summer, when a pair of FBI subpoenas were served on City Hall. Miller, it turned out, was no ordinary developer. He was an undercover FBI agent, the lynchpin in an elaborate scheme to ferret out public corruption – a multi-year investigation of local politicians, their friends, and millions of dollars in taxpayer redevelopment money.
Illinois: Lobbyist Registrations Surge After Fines Tied to Emanuel Emails
Chicago Sun-Times – Fran Spielman | Published: 8/16/2017
An “all-time record” of 759 lobbyists are now registered with the Chicago Board of Ethics, a 27 percent increase over the last year, according to Steve Berlin, the board’s executive director. Board of Ethics Chairperson William Conlon noted the registration surge coincided with the agency’s decision to come down hard on those who lobby Mayor Rahm Emanuel through the mayor’s private emails, but fail either to register as lobbyists or report the activity. “So much is being made public that it is now very hard to hide in the gray area,” said Cindi Canary, founder of the Illinois Campaign for Political Reform.
Louisiana: Conflict of Interest or Educational Opportunity? La. Legislators Have Benefited from $73K-Worth of Free Travel Since 2016
New Orleans Advocate – Elizabeth Crisp | Published: 8/12/2017
State lawmakers in Louisiana accepted complimentary hotel stays, travel, and conference admissions valued at more than $73,000 combined since January 2016. The trips, which do not face the same caps that limit gifts from lobbyists, are reflected in signed affidavits that lawmakers must file with the state Board of Ethics within 60 days of traveling for free to conferences and seminars or to give speeches to sponsoring groups. Some watchdogs question whether special interests use the trips as a way to win face time and curry favor with lawmakers often at beach-side locales or in major cities; legislators generally defend them as taxpayer-money saving educational opportunities.
Oklahoma: State Ethics Rules Often Hide Sources of Lobbyists’ Gifts, Meals
Oklahoma Watch – Trevor Brown | Published: 8/13/2017
A review of thousands of gifts and meal purchases made during the first six months of 2017 found it is impossible to confirm through records who was bankrolling efforts to influence policymakers for a quarter of the record-setting $485,000 that lobbyists spent on state officials and legislators. That is because Oklahoma, unlike dozens of other states, does not require lobbyists to reveal what bill or topic they are discussing when they buy a meal for a state official. Lobbyists also do not have to list what client they are representing when they buy a meal or a gift.
Oregon: Oregon Judge to Decide If Political Spending Limits Are Legal
Portland Oregonian – Gordon Friedman | Published: 8/15/2017
Oregon is one of six states with no limits on campaign donations and spending. State law also allows individuals and groups to pay for political ads without disclosing they are the source. Multnomah County voters overwhelmingly approved new limits on political contributions last year. Now Multnomah County Circuit Judge Eric Bloch will begin the process of determining whether the measure is constitutional. Bloch promised to provide as a ruling “as quickly as I possibly can.” That is expected to be before September 1, when the new campaign spending limits take effect. Bloch said his decision will likely not be the final one, given that both sides have indicated their openness to appeals.
South Carolina: Emails: South Carolina AG coordinated with key figure in statehouse probe on letter booting special prosecutor off case
Charleston Post and Courier – Glenn Smith | Published: 8/5/2017
Legal observers criticized South Carolina Attorney General Alan Wilson for sharing confidential information and for seeking advice concerning a potential criminal investigation with one of the subjects of that probe. They said Wilson should not have asked his longtime political consultant and friend Richard Quinn Sr. in October 2014 to help edit a letter that would have informed independent prosecutor David Pascoe that he would play no further role in any future prosecutions stemming from an investigation into statehouse corruption. The exchange came as Pascoe prepared to dig deeper into a State Law Enforcement Division report detailing alleged misdeeds by sitting lawmakers. Named in that document were Quinn and his son, state Rep. Rick Quinn, who was also identified as a potential target of the probe.
Texas: Federal Court Invalidates Part of Texas Congressional Map
Texas Tribune – Alexa Ura and Jim Malewitz | Published: 8/15/2017
A federal court invalidated two congressional districts in Texas, ruling they violated racial discrimination prohibitions. The three-judge panel’s unanimous decision could lead to a battle to redraw the districts in time for the 2018 elections. The court ordered the Texas attorney general’s office to indicate whether the state Legislature would take up redistricting to fix those violations. Otherwise, the state and its legal foes will head back to court on September 5 to begin re-drawing the congressional map.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
August 11, 2017 •
News You Can Use Digest – August 11, 2017
National: Ireland’s Tough Lobbying Rules Spark Cries for Similar Laws Elsewhere Politico – Harry Cooper | Published: 8/9/2017 Two years after Ireland introduced some of the strictest laws in the world on lobbying transparency, the reforms are being held up […]
National:
Ireland’s Tough Lobbying Rules Spark Cries for Similar Laws Elsewhere
Politico – Harry Cooper | Published: 8/9/2017
Two years after Ireland introduced some of the strictest laws in the world on lobbying transparency, the reforms are being held up as the gold standard for policymakers looking to shine a light on the often murky industry. Calls for transparency are growing louder across Europe. Ireland’s experience, say proponents of the law, has dispelled worries that tough lobbying rules would cripple the industry or limit the ability of politicians to do their job.
Political Donors Put Their Money Where the Memes Are
New York Times – Kevin Roos | Published: 8/6/2017
As television, radio, and newspapers give way to the power of social media, today’s political donor class is throwing its weight behind a new group of partisan organizations that specialize in creating catchy, highly shareable messages for Facebook, Twitter, and other social platforms. Viral media expertise is emerging as a crucial skill for political operatives, and as donors look to replicate the success of the social media sloganeers who helped lift Donald Trump to victory, they are seeking out talented meme makers.
Federal:
FBI Conducted Predawn Raid of Former Trump Campaign Chairman Manafort’s Home
Washington Post – Carol Leonnig, Tom Hamburger, and Rosalind Helderman | Published: 8/9/2017
Investigators for special counsel Robert Mueller searched the Alexandria, Virginia, home of President Trump’s former campaign manager, Paul Manafort, for documents related to tax, banking, and other matters. Mueller is investigating an array of allegations about Manafort, including work for the Ukrainian government and his role in a 2016 meeting between Trump campaign officials and Russians promising to share damaging information about Hillary Clinton. Manafort had previously given documents voluntarily to the congressional committees investigating Russia’s election meddling, including possible collusion with members of Trump’s campaign.
How the Trump Hotel Changed Washington’s Culture of Influence
Washington Post – Jonathan O’Connell | Published: 8/7/2017
The Trump International Hotel in Washington, D.C. has emerged as a Republican Party power center. And for the first time, a profit-making venture touts the name of a U.S. president in its gold signage. The hotel has become a symbol of the tangled ethical questions posed by Donald Trump’s presidency. Critics have charged that anyone seeking favor from the White House has an incentive to stay in rooms that can be booked for $400 per night or more. Trump tried to address ethical concerns by turning over the hotel’s management to his two eldest sons and vowing to take no hotel profits during his tenure. But he retained his ownership interest, allowing him to eventually profit from the holdings.
Soft Money Is Back – And Both Parties Are Cashing In
Politico – Carrie Levine | Published: 8/4/2017
An analysis of campaign finance data indicates Democrats and Republicans are now aggressively trafficking in a new, and perfectly legal, kind of soft money, enabled by a 2014 U.S. Supreme Court decision, the latest in a series eviscerating major parts of the Bipartisan Campaign Reform Act. In a fundraising environment that had come to be dominated by super PACs, it is helping national political parties regain some relevancy after years of declining power. It’s also reviving an era when politicians were able to directly solicit large checks from donors on behalf of the political parties.
From the States and Municipalities:
California: Upscale Santa Monica Hotel Faces $310,000 Fine for Concealing Campaign Contributions
Los Angeles Times – Alene Tchekmedyian | Published: 8/7/2017
A Santa Monica hotel is facing a $310,000 fine for improperly concealing donations to local candidates in hopes of preserving the property’s Pacific Ocean views. The California Fair Political Practices Commission said it would be the second largest fine in the agency’s history. The Huntley Hotel reimbursed individuals and local businesses for $97,350 in campaign contributions to candidates for Santa Monica City Council that it believed would oppose the expansion of a neighboring hotel so its name would not show up on disclosure reports. The commission will vote on whether to accept the settlement at its August 17 meeting.
Illinois: Emanuel Warns Those Emailing Him for Favors about Chicago’s ‘Strict Lobbyist Rules’
Chicago Tribune – Bill Ruthhart | Published: 8/9/2017
The hard line drawn by the Chicago Board of Ethics has not discouraged a few powerful people from attempting to influence Mayor Rahm Emanuel through the mayor’s private emails, so much so that Emanuel has warned a few of them about the line they were about to cross. The Chicago Tribune found Emanuel’s personal email accounts had served as a private avenue of influence for those who sought action from – or access to – the mayor. The board issued fines for eight lobbying violations tied to the emails. Amid the added public scrutiny, Emanuel cautioned a real estate executive and longtime political ally about making requests of him and cited the city’s “strict lobbyist rules” in one exchange.
Kentucky: Gov. Matt Bevin Wins Property Tax Appeal on Anchorage Home
Louisville Courier-Journal – Tom Loftus | Published: 8/4/2017
Kentucky Gov. Matt Bevin won a property tax dispute that had prompted two ethics complaints from people who questioned whether the governor and his wife got a sweetheart deal when buying their new home. The Jefferson County Board of Assessment Appeals agreed with the value an appraiser hired by Bevin’s team had placed on the property that includes the governor’s home. The board determined the price Bevin paid for part of the property was above market value. The ruling seemed to vindicate Bevin, who has said for months that he bought the home for more than it was worth.
New York: JCOPE Moves Forward with Lobbying, FOIL Regulations
Albany Times Union – Chris Bragg | Published: 8/8/2017
The New York Joint Commission on Public Ethics voted to move forward in the process of implementing several regulations at a recent meeting, including broad lobbying guidelines that have been long in the works. The regulations still need to go through the rule-making process where the public will have a final chance to weigh in on them before formal adoption. The commission also voted to move forward with regulations laying out the amended requirements for what information lobbying groups must disclose about their donors.
Oregon: State Sought to Plant Negative Stories about Nonprofit
Portland Tribune – Nick Budnick | Published: 8/4/2017
There was a state government-funded public relations plan to demean a Portland-area healthcare nonprofit in a court battle over whether the Oregon Health Authority is giving FamilyCare a fair rate of reimbursement for its care of low-income Medicaid patients. FamilyCare been the most vocal coordinated care organization, often accusing state officials of incompetence or seeking to do the nonprofit harm, including in the pending litigation. The company’s critics call it excessively combative.
Pennsylvania: Montco Sheriff Gets Spotlight in Allentown Corruption Case
Philadelphia Inquirer – Jeremy Roebuck | Published: 8/7/2017
A payoff highlighted in the indictment against Allentown Mayor Ed Pawlowski was a $5,000 night on the town, complete with tickets to a sold-out Philadelphia Eagles playoff game and a pricey dinner. Prosecutors say the mayor pressured two businesspeople seeking city contracts to pay for his night out. The incident has also placed a spotlight on another elected officeholder now poised to be a key witness should the case go to trial. Montgomery County Sheriff Sean Kilkenny, who before assuming his post in 2015 worked as a lawyer under contract with municipalities across the region, admits he and a business partner picked up the tab for that 2014 evening. They also poured $14,000 more into Pawlowski’s campaign coffers in pursuit of a $3 million tax-collection contract they ultimately won.
Rhode Island: City Treasurer Refuses to Pay Elorza Administration’s State House Lobbyist
WPRI – Dan McGowan | Published: 8/8/2017
Rhode Island’s legislative session is over, but a firm hired by the Providence Mayor Jorge Elorza’s office to lobby the General Assembly still has not been paid. City Treasurer James Lombardi said Monday he has not cut a $36,000 check to Government Strategies because the administration never asked the city’s Board of Contract and Supply for approval to hire the firm. Lombardi contends that all city contracts worth more than $5,000 must be approved by the board before he releases a payment. He said he does not believe the lobbying contract needs to go out to bid, but the board does need to vote in favor of the agreement.
Texas: Are Lawmakers’ Business Ties with Public Entities a Conflict of Interest?
Texas Tribune – Neil Thomas | Published: 8/9/2017
In Texas, lawmakers earn just $7,200 per year as part-time public servants. They all have regular jobs, and some of them have business relationships with public entities that depend on the Legislature to approve their budgets, decide how much taxpayer money they receive, and pass the laws that regulate their operations. Some of those entities owe their very existence to the Legislature. Under state ethics laws, such apparent conflicts-of-interest are not prohibited. Lawmakers are banned from doing business with the state or counties, but only when that business relationship is specifically approved by legislation while they are serving at the Capitol.
Utah: Utah Lawmakers Pick Top Mormon Church Lobbyist to Run Office
Cache Valley Daily; Associated Press – | Published: 8/3/2017
Utah lawmakers recommended the Mormon church’s chief lobbyist for a top job overseeing the state Legislature’s office that drafts laws, gives legal advice, and staffs committees. The appointment illustrates what is sometimes seen as a thin line between Utah’s government and The Church of Jesus Christ of Latter-day Saints, a faith to which most state lawmakers and residents belong. John Cannon’s nomination to head up the Office of Legislative Research and General Counsel seems far too cozy and perpetuates a national impression the Mormon church runs the Utah Legislature, said the Freedom From Religion Foundation.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
August 4, 2017 •
News You Can Use Digest – August 4, 2017
National: Need a Job? Bob Brady and the Art of the Political Buyout Philadelphia Inquirer – Andrew Seidman and Jeremy Roebuck | Published: 7/30/2017 Prosecutors’ allegations that U.S. Rep. Robert Brady’s 2012 campaign paid a challenger $90,000 to drop out […]
National:
Need a Job? Bob Brady and the Art of the Political Buyout
Philadelphia Inquirer – Andrew Seidman and Jeremy Roebuck | Published: 7/30/2017
Prosecutors’ allegations that U.S. Rep. Robert Brady’s 2012 campaign paid a challenger $90,000 to drop out of the race may seem like a particularly brazen power play. Such transactions may look like backroom dealing, but campaign finance experts agree the line between the simply unseemly and the outright illegal can be difficult to determine. “Rarely are these situations an explicit quid pro quo: ‘I’ll give you money so you’ll drop out,'” said Kenneth Gross, who heads the political law practice at Skadden, Arps, Slate, Meagher & Flom. “But there are many shades of gray. There are often agreements to help a candidate retire [campaign] debt.”
Federal:
Democrats Introduce Bill to Strengthen Foreign Agents Law
Bloomberg BNA – Kenneth Doyle | Published: 7/31/2017
A new Senate bill would increase the U.S. Justice Department’s authority to impose civil fines people who do not comply with the Foreign Agent Lobbying Transparency Enforcement Act, which requires individuals working on behalf of a foreign government or official to register with the Justice Department within 10 days of signing a contract. In addition to fines, the legislation from Senate Democrats would create even more requirements for foreign agents. The registration laws on foreign lobbying are routinely flouted, according to Justice Department Inspector General Michael Horowitz.
Jared Kushner Stepped Down from 266 ‘Corporate Positions.’ What Does That Mean?
Washington Post – Jena McGregor | Published: 8/1/2017
In Donald Trump’s White House, Jared Kushner has many jobs. The president’s son-in-law is a senior adviser to Trump, has been charged with leading the administration’s revamping of the federal bureaucracy, and has a foreign policy portfolio that includes Mexico and the Middle East. But counting up the titles he stepped down from leading up to Trump’s inauguration, and the number looked to some, at first glance, as even more eye-popping. In a recent story following the release of his financial disclosures, it was reported Kushner had “resigned from 266 corporate positions.” Some on social media were scratching their heads. How does one person hold more than 250 positions?
No Going Back: Anthony Scaramucci’s White House job could cost him $7.5 million
USA Today – Gregory Korte | Published: 8/3/2017
Anthony Scaramucci took no salary during his short tenure as White House communication director, yet his 10-day career detour could end up costing him more than $7.5 million. That is because the hedge fund founder left the White House before he could obtain a “certificate of divestiture” giving him the special tax treatment available to federal employees who give up assets in order to avoid conflicts-of-interest. Without that certificate, the sale of Scaramucci’s Skybridge Capital to a Chinese holding company will be taxed at the capital gains rate of 15 percent. According to Scaramucci’s financial disclosure report, his share of the sale is worth at least $50 million; other estimates put that number even higher.
Trump Loyalist Mixes Businesses and Access at ‘Advisory’ Firm
New York Times – Nicholas Confessore and Kenneth Vogel | Published: 8/1/2017
Corey Lewandowski, Donald Trump’s former campaign chairperson, left the K Street firm he helped to establish amid scrutiny over his clients and his access to the president. Lewandowski then started a new consulting business. Now, as he takes on an increasingly broad role as an unofficial White House adviser, he is building a roster of clients with major interests before the Trump administration. Lewandowski appears to be positioning his new firm as an “advisory” business, part of a growing cohort of Washington, D.C. influencers who advise companies on how to navigate the government but do not register as lobbyists or disclose their clients.
From the States and Municipalities:
California: Anaheim City Council Passes County’s Toughest Restrictions on Lobbying
Orange County Register – Joseph Pimentel | Published: 8/1/2017
The Anaheim City Council voted to approve a bill that requires paid lobbyists to register with the city and file quarterly reports, and prohibits the city from hiring people from lobbying firms. Anaheim elected officials and workers also will be barred from lobbying the city for two years after they leave their government jobs. The ordinance defines a lobbyist as anyone who receives $500 or more a month to communicate with city officials for the purpose of influencing legislative or administrative actions. The council needs to take a second vote on the ordinance, slated for August 15, before it goes into effect.
California: San Diego Boosts Qualifications for Ethics Commission Members
San Diego Union-Tribune – David Garrick | Published: 8/1/2017
The city council approved four changes that aim to boost the experience and expertise of San Diego Ethics Commission members. The council amended the commission’s rules to say “priority consideration” will be given to nominees familiar with campaign finance laws, government ethics, lobbying laws, and conflict-of-interest regulations. In addition, the council clarified that rules prohibiting commission members from seeking elective office in the city do not extend to seeking other offices, such as county supervisor or the state Legislature. In September, the council is scheduled to consider amending a rule that prohibits anyone who ran for office against a current member of the council from being appointed to the commission.
Colorado: Walker Stapleton Found a Way Around Governor’s Race Donation Limits – It’s Raising Money and Eyebrows
Denver Post – Mark Matthews | Published: 8/3/2017
The longer that state Treasurer Walker Stapleton waits before formally announcing his bid for governor of Colorado, the more he can help steer unlimited sums of money toward a super PAC-style group that is expected to provide his major funding during the campaign. It is a setup that watchdogs said could stretch the limits of the state’s election law, even as it projects Stapleton’s fundraising might. And it is another sign that the 2018 race to replace Gov. John Hickenlooper is likely to surpass spending records in Colorado’s gubernatorial elections.
Maryland: Marijuana Experts Scored Prospective Md. Pot Businesses. Some Had Ties to Them.
Washington Post – Fenit Nirappil and Aaron Gregg | Published: 7/30/2017
Several of the independent experts hired to review applications to open medical marijuana businesses in Maryland had ties to companies whose materials they reviewed. The Maryland Medical Cannabis Commission said it is investigating these potential conflicts of interest. The connections, which The Washington Post discovered after a public records request, raise new questions about how the state tried to avoid conflicts in setting up a legal marijuana industry where hundreds of businesses were competing intensely for a limited number of growing, processing, and selling licenses.
Missouri: Greitens Faces More ‘Dark Money’ Questions Over No-Bid Contract with Express Scripts
Kansas City Star – Jason Hancock | Published: 7/28/2017
When Missouri Gov. Eric Greitens issued an executive order creating a prescription drug monitoring program, he said his goal was to help combat the scourge of opioid addiction in the state. His critics quickly homed in on another detail: to start the program, Greitens’ administration was giving a no-bid contract to Express Scripts, a St. Louis-based pharmacy benefits management company that donated an undisclosed amount of money to the governor’s inauguration. It has become a familiar accusation, one that has dogged Greitens throughout his nearly eight months in office – that secret campaign contributions could be influencing his actions. Critics say this is the unavoidable byproduct of the governor’s reliance on so-called dark money.
Missouri: Lobbyist Gifts Averaging $1,760 Per Missouri Lawmaker – Less Than Year Before
Kansas City Star – Jason Hancock and Kelsey Ryan | Published: 8/3/2017
Lobbyists reported giving Missouri lawmakers and their staff members $347,368 in gifts from during the first six months of this year, which is less than the same period in 2016. Lobbyist gifts have declined every year since 2013. Observers point to numerous factors contributing to the decline, from increased public scrutiny on the practice to a series of embarrassing legislative scandals two years ago. Regardless of the reason, reform advocates say the drop is a sign that the tide is turning and lobbyist gifts are increasingly seen as a potential political liability.
Pennsylvania: Firms to Pay $9M to Feds to Resolve LCB Payola Case
PennLive.com – Mike Miller | Published: 7/27/2017
Four suppliers of alcohol to the state-owned system of liquor stores agreed to pay about $9 million in penalties for providing gifts to Pennsylvania Liquor Control Board officials. The U.S. attorney’s office in Harrisburg said the vendors, in turn, will not be prosecuted. Southern Glazer’s Wine and Spirits of Pennsylvania will pay $5 million for giving cash, all-expenses paid trips, and tickets to shows and sporting events to board officials from 2000 to 2012. Breakthru Beverage Pennsylvania, formerly Capital Wine and Spirits, and White Rock Distilleries will pay $2 million each for giving away gift cards, tickets, meals, and entertainment to the officials. Pio Imports will pay $200,000 for handing out gift cards to officials.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
July 28, 2017 •
News You Can Use Digest – July 28, 2017
National: Lobbyist Gift-Giving at Issue in More States Governing – Scott Rodd (Stateline) | Published: 7/21/2017 The laws that govern gift-giving from lobbyists to public officials vary widely from state to state. In states with relatively lenient laws, watchdogs and […]
National:
Lobbyist Gift-Giving at Issue in More States
Governing – Scott Rodd (Stateline) | Published: 7/21/2017
The laws that govern gift-giving from lobbyists to public officials vary widely from state to state. In states with relatively lenient laws, watchdogs and some elected officials have been working to impose tougher restrictions. They argue gifts from lobbyists may corrupt elected officials’ decision-making and cause them to stray from the best interests of their constituents. But critics have met resistance from lawmakers who say lobbyists offer informed perspectives on key issues, and these exchanges often happen over meals or sporting events that lobbyists pay for. A federal judge recently ruled a Kentucky law banning gifts from lobbyists to legislators violates lobbyists’ First Amendment rights.
Local Governments Keep Using This Software – But It Might Be a Back Door for Russia
Washington Post – Jack Gillum and Aaron Davis | Published: 7/23/2017
Many local and state government agencies say they are using a Russian brand of security software despite the federal government’s instructions to its own agencies not to buy the software over concerns about cyberespionage. The General Services Administration recently removed Moscow-based Kaspersky Lab from its list of approved vendors. In doing so, the agency’s statement suggested a vulnerability exists in Kaspersky that could give the Russian government backdoor access to the systems it protects, though they offered no explanation or evidence of it. Kaspersky has strongly denied coordinating with the Russian government and has offered to cooperate with federal investigators.
Federal:
New Ethics Chief Has Fought to Roll Back Restrictions
New York Times – Eric Lipton | Published: 7/26/2017
Former colleagues of David Apol, who was named the new director of the Office of Government Ethics (OGE), praised his intelligence and his experience as a government ethics lawyer at a half-dozen different federal agencies over three decades. But tension has been building during two stints that Apol served at the OGE, his former colleagues said. Former OGE employees said they wondered if at times Apol had gone too far in questioning agency standards. Apol acknowledged he had frequently raised questions about how the OGE interprets ethics laws that govern the activity of 2.7 million federal employees in more than 130 executive agencies, including the White House.
From the States and Municipalities:
Arizona: Arizona Legislators Attend Conference with Help from Corporations That Lobby Them at Home
Arizona Republic – Yvonne Wingett Sanchez | Published: 7/23/2017
More than a third of the Republicans in the Arizona Legislature gathered in Denver to absorb conservative ideas and mingle with lobbyists at a conference where corporate donors picked up much of the tab. Arizona is always well-represented at the annual gathering of the American Legislative Exchange Council, an organization best-known for producing ready-to-introduce legislation crafted with input from corporate America. Helping to foot the bill were some of the very companies and lobbyists who work the halls of the Legislature to advance their own agendas.
Illinois: Ex-Ald. Singer Among 6 Fined for Illegally Lobbying Emanuel Via Email
Chicago Tribune – Hal Dardick | Published: 7/21/2017
A former city council member and an Internet pioneer turned venture capitalist were penalized for illegally lobbying Chicago Mayor Rahm Emanuel through his personal email account. The Board of Ethics levied a fine of $25,000 on former Ald. William Singer. The panel imposed a $2,000 fine on Marc Andreesen, the inventor of the Netscape Internet browser. Those were among the latest group of individuals the ethics panel said had violated city law and been fined for attempting to influence Emanuel or other officials through emailed contacts. The new sanctions raise the total to eight of those fined for improper lobbying in connection with the emails.
Kentucky: Complaints Over Gov. Matt Bevin’s Anchorage Mansion Unanimously Dismissed by Ethics Panel
Louisville Courier-Journal – Tom Loftus | Published: 7/21/2017
A state ethics panel said even if Kentucky Gov. Matt Bevin got a $1 million discount on a mansion bought from a political donor and appointee, he did not violate the law. The ruling comes after two complaints were filed against Bevin over his purchase of a house and 10 acres of land from Neil Ramsey, who Bevin appointed to the Kentucky Retirement Systems board of trustees. The complaints alleged Bevin accepted what amounted to an improper gift in buying the mansion in March.
Nevada: 20 Years of Term Limits: How the faces of Nevada’s Legislature have changed
Las Vegas Sun – Yvonne Gonzalez | Published: 7/20/2017
Term limits have helped make the Nevada Legislature more diverse in the almost 20 years since they were implemented, though the higher turnover has come with some costs. Experts say term limits have brought in new faces but reduced institutional knowledge as veteran lawmakers are pushed out. They say lobbyists have more power and the Legislative Counsel Bureau is even more vital both in educating new lawmakers and keeping the legislative process moving.
New Mexico: Secretary of State Unveils Changes to Proposed Disclosure Rules
Albuquerque Journal – Dan Boyd | Published: 7/25/2017
New Mexico Secretary of State Maggie Toulouse Oliver released revisions to proposed rules aimed at so-called dark money groups that can spend unlimited amounts to influence elections and ballot measures when acting independently. Several conservative groups with a statewide and national presence say Toulouse Oliver is overstepping her authority by requiring that independent expenditure groups disclose their contributors. Toulouse Oliver says New Mexicans have a right to know who is paying for ads that attempt to influence their vote. The revisions would raise the spending threshold to $2,500 before independent expenditure groups must reveal their donors.
New York: De Blasio Ally Didn’t Register as Lobbyist Despite Big Push for a Donor
New York Times – William Neuman | Published: 7/24/2017
Neal Kwatra, a political consultant and lobbyist with ties to New York City Mayor Bill de Blasio, ended up working so closely with top City Hall officials on behalf of a restaurant owner, Harendra Singh, that a city commissioner complained officials were giving Kwatra confidential information during delicate negotiations to settle a lawsuit with Singh. Yet none of Kwatra’s efforts on behalf of Singh in 2015 were registered as lobbying work, even though Kwatra and his company, Metropolitan Public Strategies, have registered as lobbyists for other clients, including United for Affordable NYC, a short-lived nonprofit group created by de Blasio to support his housing policies.
New York: Watchdogs Say Cuomo Is Skirting Campaign Finance Rules
New York Times – Brian Rosenthal | Published: 7/26/2017
Watchdogs say New York Gov. Andrew Cuomo is again skirting campaign finance rules by using a secretive nonprofit to advance his agenda. The rules limit donations to political campaigns and require disclosure, and politicians are not supposed to get around them by using organizations that can accept unlimited secret contributions. But New Yorkers United Together is the third nonprofit formed by allies of Cuomo’s to emerge and support his policies.
North Carolina: NC Elections and Ethics Oversight Is Frozen Between Old and New, with Local Votes Approaching
Raleigh News and Observer – Anne Blythe | Published: 7/21/2017
The North Carolina Supreme Court said a revamped state elections board that also oversees ethics and lobbying controversies can stay in limbo for now, a holding pattern that could last months. The justices said Gov. Roy Cooper is not required to appoint members of the new state elections and ethics enforcement board created by Republican legislators. That means the board would be unable to make decisions or settle disputes until after the Supreme Court hears oral arguments in the case on August 28.
Pennsylvania: Aide Pleads Guilty, Says Brady Campaign Paid Primary Challenger to Quit
Philadelphia Inquirer – Jeremy Roebuck and Chris Brennan | Published: 7/25/2017
A former aide to a political challenger of U.S. Rep. Robert Brady admitted she helped funnel the Brady’s cash to her former boss in exchange for his withdrawal from an election. Carolyn Cavaness, a pastor who was an aide to Philadelphia Judge Jimmie Moore during his 2012 candidacy in the Democratic primary, told officials she set up at Moore’s direction a shell company that would be used to accept $90,000 from Brady. In turn, she said, Moore would drop out of the race and use the cash to pay off his campaign debt. The money was routed through two political consultants who falsified invoices intended to justify the payments, officials said. Cavaness pleaded guilty to filing false statements to hide the transactions.
Pennsylvania: Allentown Mayor Ed Pawlowski Put City Hall Up for Sale to Highest Bidders, Prosecutor Says
Allentown Morning Call – Emily Opilo, Peter Hall, and Matt Assad | Published: 7/27/2017
The mayor of Allentown and the former mayor of Reading were indicted on federal corruption charges for engaging in an alleged series of “pay-to-play” schemes in which the politicians shook down businesses and individuals for campaign contributions in exchange for political favors. Allentown Mayor Edwin Pawlowski and former Reading Mayor Vaughn Spencer have been charged with multiple counts of bribery and fraud. In two indictments, federal prosecutors spelled out charges against five people in the parallel corruption cases in Allentown and Reading.
South Carolina: FBI Investigating South Carolina Statehouse Corruption, Could Expand Scope of State Probe
Charleston Post and Courier – Andy Shain, Glenn Smith, and Schuyler Kropf | Published: 7/22/2017
Two former South Carolina Ports Authority officials say they have talked with FBI agents about an ongoing political corruption investigation. Former authority Chairperson Pat McKinney said the agents focused on the work the consulting firm run by Richard Quinn Sr. did for the agency. His son, state Rep. Rick Quinn Jr., was suspended from his seat after being charged with misconduct in office. The probe already has rattled the capital, where the Quinn family has been a force for decades. The addition of the FBI to the case only ratchets up the stakes, putting the federal government’s resources at the disposal of investigators and potentially allowing them to expand the scope of the inquiry to other targets.
Virginia: Transgender Woman Challenges Virginia Bathroom Bill Sponsor
Roanoke Times – 2017 Sarah Rankin (Associated Press) | Published: 7/25/2017
Democrat Danica Roem is challenging Republican Bob Marshall for his seat in the Virginia House of Delegates. With such stark differences between the candidates, the race is expected to draw in big money and is seen by some as a referendum on rights for gay and transgender people. Roem would be the first openly transgender candidate to win and serve in a state Legislature, according to the Victory Fund, a PAC that supports her and calls Marshall “the most anti-LGBTQ member of the Virginia state legislature.” Marshall has sponsored some of the most socially conservative legislation in the past 25 years, including a measure this year that would have restricted the bathrooms that transgender people can use.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
July 21, 2017 •
News You Can Use Digest – July 21, 2017
Federal: Citing Recusal, Trump Says He Wouldn’t Have Hired Sessions New York Times – Peter Baker, Michael Schmidt, and Maggie Haberman | Published: 7/19/2017 President Trump said the never would have appointed Attorney General Jeff Sessions had he known Sessions […]
Federal:
Citing Recusal, Trump Says He Wouldn’t Have Hired Sessions
New York Times – Peter Baker, Michael Schmidt, and Maggie Haberman | Published: 7/19/2017
President Trump said the never would have appointed Attorney General Jeff Sessions had he known Sessions would recuse himself from overseeing the Russia investigation that has dogged his presidency, calling the decision “very unfair to the president.” Trump complained that Sessions’ decision ultimately led to the appointment of a special counsel that should not have happened. In an interview with The New York Times, the president accused former FBI Director James Comey of trying to leverage a dossier of compromising material to keep his job. Trump also took on Robert Mueller, the special counsel now leading the investigation into Russian meddling in last year’s election.
Couple Wants to Make Lobbying Accessible and ‘Good’
Roll Call – Alex Gangitano | Published: 7/13/2017
Less than a year after their wedding, Billy and Callie DeLancey started Lobbyists 4 Good to give the public access to K Street lobbyists. The group uses a crowdfunding platform, which allows anyone to create advocacy campaigns around social issues they care about and start raising money. Anybody who creates a campaign and raises $31,000 within a year gets access to either a lobbyist or a lobbying firm on retainer for six months to work on the issue, or a partnership with other nonprofits in the field. “Long-term, we hope to see as many lobbyists working for the people as there are lobbyists working on behalf of the business community,” Billy DeLancey said.
FEC Contacts with IRS Broke No Rules, Report Says
Bloomberg BNA – Kenneth Doyle | Published: 7/19/2017
The FEC’s inspector general found that agency staffers contacted former IRS official Lois Lerner about tax-exempt groups involved in politics, but the contacts did not violate any rules and were not intended to target conservative groups. The conclusion contradicted suggestions by congressional Republicans and others that FEC and IRS staff deliberately targeted Tea Party and other conservative nonprofit groups. The controversy followed the release of a report by the Treasury Inspector General for Tax Administration, which said certain political organizations, primarily conservative groups, received more scrutiny than others when applying for tax-exempt status.
Health Care Has G.O.P. Down. Tax Cuts May Be the Cure.
New York Times – Jeremy Peters | Published: 7/19/2017
With the collapse of the effort to dismantle the Affordable Care Act, the Republican vision of enacting significant conservative reform fell victim to the intraparty division, dysfunction, and gridlock that one-party control had been expected to eliminate. Now, some of the conservative groups that helped the GOP win control of Washington are increasingly worried their party’s inability to pass ambitious legislation will imperil its chances in next year’s elections. Republicans fear they could be looking at a worst-of-two-worlds scenario in which they have a historically unpopular president dogged by persistent legal and ethical questions, at the same time they remain unable to restore a semblance of functionality to Capitol Hill.
Outgoing Ethics Chief: U.S. Is ‘Close to a Laughingstock’
New York Times – Eric Lipton and Nicholas Fandos | Published: 7/17/2017
The outgoing leader of the federal government’s ethics office warns in a new interview of the ethics crisis created by President Trump, saying he thinks the country is “pretty close to a laughingstock.” Walter Shaub Jr. said the Trump administration had flouted or directly challenged long-accepted norms in a way that threatened to undermine the United States’ ethical standards, which have been admired around the world. Shaub called for nearly a dozen legal changes to strengthen the federal ethics system – changes that, in many cases, he had not considered necessary before Trump’s election.
From the States and Municipalities:
Alabama: Gov. Kay Ivey Bans Lobbyists from Executive Branch Appointments
AL.com – Mike Cason | Published: 7/13/2017
Alabama Gov. Kay Ivey banned officials in the executive branch from appointing registered lobbyists to serve on state boards and commissions. In an executive order, Ivey said more than 100 registered lobbyists now serve on boards or commissions. The order says lobbyists represent the interests of their clients and employers, rather than the public. Ivey said that creates conflicts-of-interest and undermines the public’s confidence in the government.
California: What Happens to Local News When There Is No Local Media to Cover It?
Washington Post – Paul Farhi | Published: 7/17/2017
In many respects, East Palo Alto, California, is a “news desert,” a community overlooked, if not entirely ignored, by the media. It is one of thousands of towns across America in which community reporting is shrinking and sometimes disappearing. The biggest factor, according to study of the phenomenon, are cutbacks, consolidation, and closures of daily and weekly newspapers, the traditional lifeblood of local reporting in the U.S. The pressures on local news outlets have been building for years, driven by the recession and the disruption caused by the shift to digital media.
Colorado: What Does $80 Million Buy Oil and Gas Interests? Voter Profiles, Door Knocking and Influence at Local and Statewide Levels
Denver Post – Christopher Osher | Published: 7/16/2017
The oil and gas industry has spent more than $80 million in Colorado over the past four years to shape public opinion and influence campaigns and ballot initiatives. That political muscle came into play recently when the industry successfully lobbied to defeat legislation tightening regulations in the wake of a fatal home explosion investigators have blamed on a severed gas pipeline. The new approach has been broad, sustained, and effective in its reach, according to interviews and a review of industry documents, campaign finance records, and public remarks by an industry consultant who helped develop the strategy.
Florida: Corey’s Ties to Others in FBI Probe Run Deep
Tallahassee Democrat – Jeffrey Schweers | Published: 7/14/2017
Lobbyist and restaurateur Adam Corey has built a business and political portfolio that has seen its share of success and failure, even as it has drawn him deep into the circle of Tallahassee’s new generation of power elite. Those twin rails of ambition have also drawn Corey into the midst of an FBI probe of the city’s redevelopment agency and several other high-profile entrepreneurs it has done business with in the last five years. Front and center are Corey and former lobbying partner at Unconventional Strategies, Nick Lowe, who arranged meetings between city and county officials and three mysterious developers whom sources say are FBI undercover agents.
Illinois: Emanuel Email Case Nets Five More Lobbying Violations
Better Government Association – Jared Rutecki | Published: 7/19/2017
The Chicago Board of Ethics found that five more people who sought to influence City Hall by contacting Mayor Rahm Emanuel on his personal email broke the city’s lobbying laws. The board also leveled fines of $2,500 against an Emanuel campaign donor and the husband of a city council member that it had found illegally lobbied the mayor without being registered lobbyists. In addition, the board released a list of more than two-dozen lobbyists it said had failed to undergo required lobbyist training and could be subject to fines of up to $750 for every day they are in non-compliance.
New York: Airbnb Fights Back Against Lobby Groups, Demands Info on Their Funding Sources
New York Daily News – Kenneth Lovett | Published: 7/17/2017
The battle between Airbnb and its hotel industry-backed nemesis ShareBetter is intensifying. The hotel listing site plans to file a complaint with the New York Joint Commission on Public Ethics alleging the advocacy group failed to register as a lobbyist. The move comes after it was reported that ShareBetter pays for spies who pose as Airbnb customers to expose illegal listings. Airbnb claims that the group failed to register as a lobbyist and disclose its funding and expenses, even though it is legally required to do so.
South Dakota: Revolving Door Rarely Swings for Lawmakers Returning as Lobbyists
Sioux Falls Argus Leader – Dana Ferguson | Published: 7/17/2017
A review identified 14 former South Dakota legislators who made the jump to lobbyist since 2012 after serving in office between 2006 and 2017. Only four registered less than two years after vacating their legislative seats. Under a state law that took effect recently, the required waiting period was extended from one year to two. Supporters said the added buffer time was needed to prevent undue influence of lawmakers returning to lobby their peers. Meanwhile, lawmakers who transitioned to lobbyists more quickly said 12 months is enough of a time cushion.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
July 13, 2017 •
News You Can Use Digest – July 14, 2017
National: Blue Cities Want to Make Their Own Rules. Red States Won’t Let Them. New York Times – Emily Badger | Published: 7/6/2017 In the last few years, Republican-controlled state Legislatures have intensified the use of what are known as […]
National:
Blue Cities Want to Make Their Own Rules. Red States Won’t Let Them.
New York Times – Emily Badger | Published: 7/6/2017
In the last few years, Republican-controlled state Legislatures have intensified the use of what are known as pre-emption laws, to block towns and cities from adopting measures favored by the left. The states are not merely overruling local laws; they have walled off whole new realms where local governments are not allowed to govern at all. Several states are now threatening to withhold resources from communities that defy them and to hold their elected officials legally and financially liable. There is disagreement on who started the fight: states in stripping municipal power, or cities in seizing new roles that were not theirs to begin with.
Federal:
Is Donald Trump Jr.’s ‘I Love It’ Email a Smoking Gun or a Distraction?
Washington Post – Marc Fisher and David Nakamura | Published: 7/12/2017
When Donald Trump Jr. said “I love it” to the prospect of obtaining damaging information from friendly Russians about Hillary Clinton in June of last year, did that constitute a smoking gun? In one America, the answer was a pretty solid yes. Many media outlets and some Democrats straight-out declared the email the “smoking gun” in the investigation into whether the Trump campaign colluded with Russia to take down the Clinton candidacy. Many other news organizations hedged a bit, attaching a question mark to the term. But to supporters of President Trump, the gun was not smoking, it was just more of the same noise that has been cluttering up this presidency since its inception.
The Deep Industry Ties of Trump’s Deregulation Teams
New York Times – Danielle Ivory and Robert Faturechi | Published: 7/11/2017
President Trump entered office pledging to cut red tape, and within weeks he ordered his administration to assemble teams to aggressively scale back government regulations. But the effort is being conducted in large part out of public view and often by political appointees with deep industry ties and potential conflicts-of-interest. Most government agencies have declined to disclose information about their deregulation teams. But The New York Times and ProPublica identified 71 appointees, including 28 with potential conflicts. Some appointees are reviewing rules their previous employers sought to weaken or end, and at least two may be positioned to profit if certain regulations are undone.
Washington Firm Discloses Lobbying Senior Trump Officials on Macedonia
BuzzFeed News – John Hudson | Published: 7/6/2017
Mercury Public Affairs is providing new details about a mysterious U.S. Justice Department filing it made in February for lobbying work related to Macedonia. The firm says it contacted aides to senior Trump administration officials on issues related to Macedonia during a 12-day period in February. Mercury never received payment for the work, according to the document. The Foreign Agents Registration Act form is a retroactive update to a February filing that gained attention after two reports pointed out Mercury did not disclose a foreign agent in the filing. The new form still does not list a foreign agent – it simply lists the Libertas Foundation of which little is known, as the entity the firm is working on behalf of.
From the States and Municipalities:
California: California Lawmakers Want Data on Lobbyists’ Race, Sexual Orientation
Sacramento Bee – Taryn Luna | Published: 7/10/2017
Leaders of the Legislative Asian Pacific Islander, Black, Jewish, Latino, LGBT, and Women’s caucuses in the California Legislature asked 400 lobbying firms, associations, and principals to provide them with the race, ethnicity, gender, and openly gay or lesbian orientation of their employees. Lawmakers said the request is intended to expand the conversation about cultural diversity in the Capitol workforce. Some lobbyists applauded the move for forcing a male-dominated industry to think about its hiring practices. Others expressed concern about how the data could be used against them if their employees are not diverse enough for the lawmakers.
Delaware: Wilmington Ethics Commission Quietly Disbanded under Mayor Williams
Wilmington News Journal – Christina Jedra | Published: 7/12/2017
The Wilmington Ethics Commission quietly dissolved after former Mayor Dennis Williams’ administration allowed members’ terms to expire. City officials have “no idea” how this happened, said Gary Fullman, who was Williams’ chief of staff. It appears sometime after Mayor Mike Purzycki took office in January, his administration became aware of the situation. After being told a story would be published by The Wilmington News Journal on the matter, the city issued a press release saying the board had reformed, announcing five new members and two returning. The members will need to be confirmed by the city council.
District of Columbia: D.C. Business Groups Fight Proposed Pay-to-Play Regulations
Washington Post – Peter Jamison | Published: 7/10/2017
Representatives of District of Columbia business organizations argued against proposed limits on political donations by companies that do business with the city, saying widespread suspicions that contractors have undue influence are unwarranted. Opponents of the “pay-to-play” regulations being mulled by council members relied on an argument long favored by critics of campaign finance laws: that proven instances of elected officials making decisions based on campaign donations are rare, if not nonexistent.
Hawaii: Can Revamped Honolulu Ethics Commission Rebuild Its Credibility?
Honolulu Civil Beat – Anita Hofschneider | Published: 7/13/2017
Honolulu Ethics Commission Executive Director Jan Yamane must work to rebuild an agency that lost its bite in recent years due to internal strife and outside interference from Mayor Kirk Caldwell’s administration. The commission has been relatively quiet since Yamane was hired in August to replace Chuck Totto, who had been the agency’s executive director for nearly 16 years. Yamane said the commission now has a backlog of 40 to 50 complaints, on top of about 60 pending investigations. Yamane has been busy trying to get a handle on the hefty workload and figure out how the commission can be more efficient and effective. There are about 10,000 city employees and only five ethics commission staffers, only three of which can perform investigations.
Iowa: Trial Begins in Lawsuit Alleging Toxic ‘Boys’ Club’ at Iowa Statehouse
Des Moines Register – Grant Rodgers | Published: 7/9/2017
A jury will hear testimony in a lawsuit that claims the Iowa Capitol sheltered a toxic “boys’ club” where some male senators and their staffers spoke freely about sex and women’s bodies with few or no consequences. Kirsten Anderson, a former communications director for the Senate Republican caucus, brought the lawsuit after being fired in May 2013, just seven hours after giving her boss a memorandum asking for an investigation into workplace culture at the Capitol and for stronger policies against harassment. Republican leaders have said Anderson was fired because the quality of her work was deteriorating. But court documents filed by Anderson portray scenes where she and other female staffers were forced to listen to comments about the size of women’s breasts and gossip about colleagues’ sex lives.
Montana: Legislators Face No Punishment for Ignoring Financial Disclosure Forms
The Missoulian – Jayme Fraser | Published: 7/3/2017
Montana’s system to monitor conflicts-of-interest among legislators received a failing grade in an analysis by the Center for Public Integrity. Some lawmakers ignore or flout the rules that do exist and no one has been sanctioned for breaking them in decades. Although legislators cannot take their seat without filing a financial disclosure form, no one ensures state officials fill them out completely. The two-page document was intended to be the baseline by which the public can gauge if elected officials and state employees misuse public posts. It is a key component of the law designed to fulfill a requirement in the Montana Constitution that they must work for the public and not themselves.
New York: Appeals Court Overturns Conviction of Sheldon Silver
Albany Times Union – Matthew Hamilton | Published: 7/13/2017
An appeals court overturned the conviction of former New York Assembly Speaker Sheldon Silver, who was sentenced to 12 years in prison after being found guilty of accepting nearly $4 million in bribes and kickbacks disguised as legal payments from a pair of law firms that had business before the state. The appeals court cited a U.S. Supreme Court ruling, made after Silver’s conviction, which narrowed the definition of the kind of official conduct that can serve as the basis of a corruption prosecution. The U.S. Court of Appeals for the Second Circuit agreed with Silver’s contention that jury instructions in his trial were erroneous in light of the decision handed down in McDonnell v. United States.
North Carolina: Lobbyist Fundraiser Invite Raises Questions
WRAL – Laura Leslie | Published: 7/10/2017
Current lobbyist and former state Rep. Mike Hager is co-hosting a fundraiser for North Carolina Lt. Gov. Dan Forest, but says he has not broken the state law against political contributions by lobbyists. Watchdogs say it is confusing and gives the appearance of impropriety. “I’ve never worried a whole lot about what people think,” Hager said. “It’s the actuality of the law that we’re complying with. That’s the only issue I have.”
Pennsylvania: Convicted Ex-Lawmakers Enjoy Access as Lobbyists
Pittsburgh Tribune-Review – Debra Erdley and Kevin Zwick | Published: 7/9/2017
Numerous former lawmakers, legislative staff, and cabinet officials in Washington, D.C., as well as state capitals across the country, have turned to lobbying. Pennsylvania requires a one-year waiting period before lawmakers and agency officials can begin lobbying former colleagues. A group of Pennsylvania lawmakers-turned-lobbyists spent the waiting period behind bars. They include former House Speakers John Perzel and Bill DeWeese, and Senate Majority Leader Joe Loeper – all of whom left office for prison after being convicted of abuses of power.
Texas: Dallas Wants $8,000 Back from Philip Kingston for Missing Too Many Council Meetings
Dallas News – Tristan Hallman | Published: 7/8/2017
Officials say city council member Philip Kingston owes Dallas taxpayers thousands of dollars. Chief Financial Officer Elizabeth Reich told Kingston in a memorandum that he missed too many meetings in the past 12 months and needs to pay the city back $8,160 of his $60,000 salary. But Kingston said he is disputing the city’s calculations and does not plan to return any money. The unusual quarrel and financial penalty stem from a city charter provision. If council members miss more than 10 percent of the total “regular meetings” in a compensation year, their pay is to be docked by the same percentage of meetings they missed.
Virginia: How a Shadowy Nonprofit Spent $184K in Virginia’s Governor’s Race with Almost Total Anonymity
Richmond Times-Dispatch – Graham Moomaw | Published: 7/7/2017
Virginians for a Better Future incorporated in Delaware as a social welfare organization two weeks before Virginia’s gubernatorial primaries, and then spent $184,000 on an advertising campaign to support Lt. Gov. Ralph Northam’s bid for the Democratic nomination and attack his opponent, Tom Perriello. The identity of the donor or donors behind the ad campaign might never be disclosed. Other states have taken steps to close reporting loopholes for 501(c)(4)s, but a bill to force social welfare groups to disclose their donors failed this year in the Virginia General Assembly.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
July 6, 2017 •
News You Can Use Digest – July 7, 2017
National: CNN Story About Source of Trump Wrestling Video Draws Backlash New York Times – Daniel Victor | Published: 7/5/2017 A CNN story about an anonymous Reddit user who created a widely circulated video of President Trump wrestling the network’s […]
National:
CNN Story About Source of Trump Wrestling Video Draws Backlash
New York Times – Daniel Victor | Published: 7/5/2017
A CNN story about an anonymous Reddit user who created a widely circulated video of President Trump wrestling the network’s logo to the ground has inspired multiple backlashes. Some criticized it as a form of blackmail. Others raised issues of journalism ethics over the network granting conditional anonymity to the user. The 28-second video and its source have been the subject of questions since Trump tweeted it as he continued his attacks on the news media. The tweet, which was retweeted by the official presidential account, has become Trump’s most-shared post on Twitter.
The New York Times Will Fly You Around the World for $135,000. Is That a Problem?
Washington Post – Paul Farhi | Published: 7/5/2017
The New York Times is organizing and promoting a 26-day tour of nine countries, which it calls “Around the World by Private Jet: Cultures in Transformation.” The price is $135,000 per person, and the traveling party will be joined by the newspaper’s Washington bureau chief Elisabeth Bumiller, columnist Nicholas Kristoff, and publisher Arthur Sulzberger, Jr. The trip and other Times-sponsored travel packages are a lucrative source of income at a time when news organizations are under increasing financial pressure. But the newspaper’s trips raise a question among journalism ethics experts about ethics and access: Is The Times effectively selling its journalists to private interests? Could, for example, corporate lobbyists or political operatives sign on and seek to influence coverage?
Federal:
Federal Ethics Chief Who Clashed with White House Announces He Will Step Down
Washington Post – Rosalind Helderman and Matea Gold | Published: 7/6/2017
Office of Government Ethics (OGE) Director Walter Shaub announced he is resigning. He will leave nearly six months before the end of his term to take a position with the Campaign Legal Center. Shaub repeatedly challenged the Trump administration on ethics issues. His outspokenness drew the ire of administration officials and earned him near-cult status among Trump’s opponents. Shaub said no one in the White House or the administration pushed him to leave, but he felt he had reached the limit of what he could achieve in this administration within the current ethics framework. The OGE’s chief of staff, Shelley Finlayson, is expected to assume the role of acting director, although Trump could appoint another senior OGE official to serve temporarily until he chooses a permanent replacement.
Florida Lobbyist Turning Trump Ties into Mega-Millions
Center for Public Integrity – Rachel Wilson | Published: 7/5/2017
Brian Ballard has long been a major lobbyist in Florida. Now, Ballard – a major Donald Trump fundraiser who also worked on the president’s transition – is out to prove he can translate his state-level lobbying success into policy victories for a slew of new clients in Washington, D.C. And he must ply his trade in the nation’s capital without looking as if he is selling access to a president who has promised to stand up to special interests. In just five months, Ballard Partners’ federal lobbying operation has generated nearly $4 million in current and contracted business from foreign and domestic lobbying clients. That is as much lobbying money as some established firms make in a year.
Justice Dept. Compliance Expert Whose Contract Ended Early Says Trump Conflicts Made Work Feel Hypocritical
Washington Post – Matt Zapotosky | Published: 7/3/2017
As a contractor for the U.S. Justice Department, Hui Chen would ask questions about companies’ inner workings to help determine whether they should be prosecuted for wrongdoing. But working in the Trump administration, Chen began to feel like a hypocrite. How could she ask companies about their conflicts-of-interest when the president was being sued over his? Though her contract was not up until September, Chen left the department in late June, then laid bare her reasons in a post on LinkedIn. The post drew attention because of Chen’s position and how blunt she was on the circumstances of her departure.
From the States and Municipalities:
Florida: Florida’s Departing Fiscal Watchdog Used Public Scrutiny as a Weapon
Bradenton Herald – Mary Ellen Klas (Miami Herald) | Published: 7/5/2017
Jeff Atwater, who resigned recently as Florida’s chief financial officer, knows where every penny of the state’s $83 billion budget goes. He also knows where to find the waste, and he has tried to expose it. expose it. Florida will spend more than $60 billion this year hiring outside contractors to do state work. But, as Atwater found when he took the job in 2011, state agencies often do not hold vendors accountable for the services they agreed to provide. Agencies allow them to charge for things not included in the bids, fail to recover damages when the vendor will not complete a task correctly or on time, and renew contracts when a vendor fails. “You don’t have to go far to track that back to a lobbyist who had a client,” Atwater explained.
Kansas: Kobach: Kansas won’t give Social Security info to Kobach-led voter commission at this time
Kansas City Star – Bryan Lowry | Published: 7/1/2017
Kansas Secretary of State Kris Kobach co-chairs President Trump’s voter fraud commission, which is tasked with finding evidence to support the president’s unsubstantiated claim that there was widespread voter fraud in the 2016 election. Kobach recently sent letters to all 50 states asking them to provide the commission with their entire voter files. The request specifically spelled out sensitive pieces of information the commission wants to obtain. As secretary of state, Kobach is tasked with supplying Kansas’s data to the Trump commission. There is just one problem: he will not be able to fully comply with his own request.
Massachusetts: Lawmakers Asked to Hit Up Lobbyists, Companies to Fund National Confab
Boston Globe – Jim O’Sullivan | Published: 6/29/2017
Massachusetts Senate Majority Leader Harriette Chandler sent an email identifying the special interests, lobbyists, and corporations that can be targeted for a solicitation appeal to help fund this summer’s National Conference of State Legislatures annual meeting in Boston. They include companies that have business before the state Legislature: retailers, banks, telecommunications firms, insurers, utilities, and a wide range of health-care providers. Organizers hope to raise roughly $2.2 million for the meeting. The document advertises special access to the week’s events for donors, and perhaps more importantly, a chance to stay on the radar of local decision-makers.
Montana: Legislature Is Rife with Conflicts of Interest – and They’re Legal
Helena Independent Record – Jayme Fraser | Published: 7/2/2017
More than a dozen state leaders said it is not unethical to bring bills that would advantage their professions or properties so long as others received the same gain and the link is openly shared. Most lauded the fact that Montana has a part-time, citizen Legislature where farmers sit on agricultural committees, lawyers craft state criminal laws, teachers tweak education policy, and business owners set industry regulations. Experience makes them experts, they say. But the Center for Public Integrity gives Montana an “F” grade for its conflict disclosure laws, which make it difficult for the public to spot self-serving votes or sanction those who enrich themselves in public office.
New Jersey: Hudson Attorney Files Ethics Complaint Against Christie Over ‘Beachgate’
Newark Star-Ledger – Michaelangelo Conte (Jersey Journal) | Published: 7/6/2017
A complaint was filed against New Jersey Gov. Chris Christie, saying he used his position unethically when he and family members basked in the sun at Island Beach State Park while the public was turned away because of a state shutdown. In accordance with the Plain Language Guide to New Jersey’s Executive Branch Ethics Standards, no person of the executive branch may obtain a “special benefit” as a result of their position …,” according to the complaint filed with the State Ethics Commission by attorney Mario Blanch.
New York: A Constitutional Convention for New York? This May Be the Year
New York Times – Lisa Foderaro | Published: 7/5/2017
Every 20 years, New Yorkers have the chance to vote whether they want to hold a constitutional convention to amend, tweak, or otherwise improve the founding document of the state. For the past half-century, voters have demurred. This year, however, academics, good-government groups and others believe the outcome of the ballot question in November may be different. And it has something to do with the current occupant of the White House. “Trump’s election emphasizes how valuable it is for states to chart their own course,” said Peter Galie, a political science professor at Canisius College.
Pennsylvania: Contractor’s Criminal Record Didn’t Discourage Business with Allentown or Reading
Allentown Morning Call – Emily Opilo | Published: 6/30/2017
Mark Neisser, then president of JCA Associates, and two other employees of the engineering firm pleaded guilty in 2004 to tax offenses for failing to report about $100,000 in printing work done for New Jersey Democrats. Along with fines and probation, Neisser was barred from working at JCA. Within a year, however, he resurfaced at T&M Associates, a New Jersey engineering firm that bought out JCA. Neisser’s record apparently did not alarm Allentown Mayor Ed Pawlowski, who accepted thousands of dollars in campaign contributions from T&M’s PAC, and raised no red flag for city officials, which awarded more than $380,000 in contracts to the firm. Neisser pleaded guilty in April to a federal corruption charge for his role in “pay-to-play” schemes in Allentown and Reading.
Texas: City OK’s Park Swings Thanks to Pint Sized Lobbyist
Fort Worth Telegram – Ann Beck | Published: 7/6/2017
When she saw that her local park did not have swings, six-year-old Maggie Fortner took matters into her own hands. She wrote a letter – in pencil and folded a half-dozen times – requesting the addition of a swing set at Donald R. Barg Park. It was mailed by Maggie’s grandmother and made its way to Matt Young, the director of parks and recreation for the city of Mansfield, who not only took notice, but action. The swings were approved and Maggie, now seven, was the guest of honor at the recent ceremony where they were opened to the public. “I’m just really excited for my swing to come, so I can swing on it every day,” Maggie said. “But I’m going to share, even with my sisters. It’s for everyone.”
Texas: Texas Supreme Court Rejects Tea Party Challenge to Campaign Finance Laws
Texas Tribune – Jim Malewitz | Published: 6/30/2017
The Texas Supreme Court upheld the state’s ban on direct corporate political donations. The Texas Democratic Party sued the King Street Patriots for violating the ban on corporate contributions by making in-kind donations to Republicans groups or causes. Democrats argued that if the group wanted to contribute to political campaigns, it should abide by disclosure rules. The justices also upheld state requirements that campaigns report contributions and expenditures, and ruled private groups can sue over alleged violations.
Vermont: Dollars Tell Only Part of Story of Pot Legalization Advocacy
VTDigger.org – Elizabeth Hewitt | Published: 7/4/2017
Despite a constant drum of advocacy on both sides of marijuana legalization in Vermont this year, lobbying reports show the sums spent were relatively modest. But the finance disclosures tell just part of the story of advocacy on the issue. The numbers on both sides added up to far less than has been spent on hot button issues in Montpelier in the past. The 2015 push to impose a sales tax on soft drinks drew more than $500,000 in spending by the American Beverage Association alone in the first quarter of the year, for instance. On the issue of marijuana, both sides claim grassroots support drives their agenda.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
June 30, 2017 •
News You Can Use Digest – June 30, 2017
Federal: Former Trump Campaign Chairman Paul Manafort Files as Foreign Agent for Ukraine Work Washington Post – Tom Hamburger and Rosalind Helderman | Published: 6/27/2017 Paul Manafort, who was forced out as President Trump’s campaign chairperson last summer after infighting […]
Federal:
Former Trump Campaign Chairman Paul Manafort Files as Foreign Agent for Ukraine Work
Washington Post – Tom Hamburger and Rosalind Helderman | Published: 6/27/2017
Paul Manafort, who was forced out as President Trump’s campaign chairperson last summer after infighting and criticism about his business dealings with pro-Russian interests, disclosed his consulting firm had received more than $17 million over two years from a Ukrainian political party with links to the Kremlin. The filing serves as a retroactive admission that Manafort performed work in the U.S. on behalf of a foreign power, Ukraine’s Party of Regions, without disclosing it at the time, as required by law. The disclosure hints at the vast fortunes available to top American political consultants plying their trade in other countries.
Jack Abramoff Registers as a Foreign Agent
The Hill – Megan Wilson | Published: 6/23/2017
Jack Abramoff is a registered lobbyist again. Abramoff retroactively registered after he attempted to set up a meeting between then-President-elect Donald Trump and the president of the Republic of Congo. The Foreign Agents Registration Act requires people to register with the Justice Department if they do any consulting, lobbying, or public relations work for a foreign government. They must register within 10 days of agreeing to act as a foreign agent and provide updates every six months. The scandal surrounding Abramoff led to the overhaul of federal lobbying laws in 2007 and 20 convictions or guilty pleas, including from former U.S. Rep. Bob Ney.
Lawmakers Want Trump’s Tax Returns, but Won’t Release Their Own
Roll Call – Stephanie Akin | Published: 6/26/2017
Roll Call sent a request to all U.S. senators and representatives to release their tax returns. Only 37 responded, and of those, six provided the documents. Roll Call also reviewed public documents and media reports to determine lawmakers’ positions on the release of President Trump’s tax returns. At least 237 lawmakers have called on the president to produce his returns. The reluctance among members of Congress to release their own returns prevents voters from learning more about members’ personal financial decisions that could affect how they vote.
President Trump Angrily Lashes Out at ‘Morning Joe’ Hosts on Twitter
Washington Post – Jenna Johnson | Published: 6/29/2017
President Trump faced a swift and bipartisan backlash after he assailed the television host Mika Brzezinski in unusually personal and vulgar terms, the latest of a string of escalating attacks by the president on the national news media. Trump has fumed for weeks about his coverage on “Morning Joe,” where Brzezinski and Joe Scarborough have been increasingly blistering in their commentary about the Trump administration. They have openly questioned Trump’s mental state, comments that particularly upset the president, according to a senior administration official.
From the States and Municipalities:
Arkansas – Arkansas Panel Advises Limit to Pot Lobbyists’ Pay
Arkansas Online – Brian Fanney | Published: 6/24/2017
An applicant for a license to operate a medical-marijuana facility cannot hire a lobbyist on a contingency basis, the Arkansas Ethics Commission said in an advisory opinion. Attorney Brandon Lacy represents a business that wants licenses from the Arkansas Medical Marijuana Commission to grow or sell medical marijuana. He asked two questions: Can a lobbyist agree to be compensated with a percentage of a medical marijuana business’s revenue if it successfully gains a license? Can a lobbyist be compensated with ownership in the business regardless of whether it is licensed?
Connecticut – Ethics Commissioner Charged in Prostitute Mixup
Connecticut Post – Daniel Tepfer | Published: 6/27/2017
An ethics commissioner in Connecticut has been charged with patronizing a prostitute after he was pepper-sprayed during what police say was a mix-up with the wrong woman. Police said Noel Kayo, an ethics commissioner in Bridgeport, had arranged to meet a woman at a hotel in Stratford. Police say another woman was waiting at the hotel at the same time for payment for photographs for which she previously posed. Police say the woman got into Kayo’s car, demanding her money while he argued for his services. The woman and her boyfriend both used pepper spray on Kayo, who denies the prostitution charge, saying he was a victim of attempted robbery. He said he will not resign.
District of Columbia – ‘It’s the End of Small Talk in Washington’
Politico Magazine – Daniel Lippman and John Harris | Published: 6/30/2017
If Donald Trump’s arrival in the White House has torn at the social fabric across the country, it has interrupted the rhythms and culture of daily life nowhere as much as the city where he now lives. Like many politicians, he ran against Washington, but far more than any president in memory, that outsider rhetoric has translated into outsider governance, a disdain for the capital that seems to translate into genuine disconnection from its existing networks. For Trump’s supporters, this amounts to a promise kept, a disruption of America’s permanent governing class. But it also risks impeding his agenda by cutting him off from some of the levers that can help a new president govern, or at least navigate the unwritten rules and networks of the capital to get things done.
Florida – Using Ethics Loophole, Sen. Lauren Book Votes to Give Her Nonprofit $1.5 Million
FloridaBulldog.org – Francisco Alvarado | Published: 6/22/2017
Florida Sen. Lauren Book voted to approve a state appropriations bill that included $1.5 million for Lauren’s Kids, the nonprofit she founded and leads as its $135,000-a-year chief executive officer. A loophole in the Florida Senate’s ethics rules allowed Book to cast her vote despite her apparent conflict-of-interest. The same loophole also meant she did not have to disclose her conflict publicly. Lauren’s Kids, whose chairperson is prominent lobbyist Ron Book, the senator’s father, has in a just few years become one of the Legislature’s most favored private charities. Since 2012, Lauren’s Kids has bagged more than $10 million in taxpayer-funded grants.
Georgia – Judge Tosses Commissioner Tommy Hunter’s Legal Challenge to Ethics Punishment
Gwinnett Daily Post – Curt Yeomans | Published: 6/28/2017
The ongoing saga involving Gwinnett County Commissioner Tommy Hunter and his comments on Facebook took a new turn when a judge threw out his legal challenge to the ethics board that recommended his reprimand. Superior Court Judge Melodie Snell Conner’s ruling was a blow to the Hunter camp’s assertion that the ethics complaint filed against him by Atlanta resident Nancie Turner and, indeed, the county’s entire ethics process was unconstitutional. Hunter’s social media comments included calling U.S. Rep. John Lewis a “racist pig” and referring to Democrats as “Demonrats” and “Libtards,” and quickly led to protests at commission meetings.
Illinois – Emanuel Hints at Ethics Law Rewrite After Lobbying Violations Found in His Emails
Chicago Tribune – Bill Ruthhart | Published: 6/28/2017
Mayor Rahm Emanuel accused the Chicago Board of Ethics of turning “average citizens” into lobbyists in its haste to bolster its image as a strong watchdog. Emanuel weighed in on the controversy after the board found that his close friend and campaign donor Jim Abrams, as well as the husband of Ald. Sophia King, were lobbying the mayor through his private emails but failed to register as lobbyists. “We cannot collapse a lobbyist and a citizen, and that’s what’s happened,” said Emanuel, who did not say whether he would seek to change the law himself. “What has happened here, in the interest of reform, we have lost our perspective.”
New Mexico – State Ethics Panel Is a Work in Progress
Albuquerque Journal – Dan Boyd | Published: 6/21/2017
New Mexico lawmakers approved the creation of an independent ethics commission during this year’s legislative session, but there is still much unsettled about how the body would function, even if it is approved by voters next year. That is because what lawmakers approved during the was essentially the framework for an ethics commission, with the assumption specific powers and procedures would be set at a later date. The approach has raised concern among some advocacy groups, who are pushing lawmakers to start talking details in interim legislative committee hearings this summer and fall.
Pennsylvania – Philadelphia District Attorney Seth Williams Pleads Guilty in His Federal Corruption Trial
Philadelphia Inquirer – Jeremy Roebuck | Published: 6/29/2017
Philadelphia District Attorney Seth Williams pleaded guilty to a corruption charge, resigned from office, and was sent immediately to jail. Williams pleaded guilty to a single count of accepting a bribe from a businessperson in exchange for legal favors. The move came after weeks of damaging testimony against Williams at his federal trial. He was also charged with fraudulently using thousands of dollars from his campaign fund for personal expenses, misusing city vehicles, and misappropriating money intended to fund his mother’s nursing home care. Before he was indicted, Williams was fined $62,000 by the city ethics board, its largest fine ever, for accepting improper gifts.
Vermont – Feds Looking into Jane Sanders Over Real Estate Deal
Burlington Free Press – Wilson Ring (Associated Press) | Published: 6/26/2017
U.S. Sen. Bernie Sanders and his wife, Jane Sanders, have hired prominent defense attorneys amid an FBI investigation into a loan she obtained to expand Burlington College while she was its president. A complaint accuses Jane Sanders of distorting donor levels in a 2010 loan application for $10 million to purchase 33 acres of land for the institution. Prosecutors might also be looking into allegations that Sen. Sanders’ office inappropriately urged the bank to approve the loan.
Washington – Lawsuit Challenges Seattle Campaign-Contribution Vouchers
Minneapolis Star Tribune – Gene Johnson (Associated Press) | Published: 6/28/2017
The Pacific Legal Foundation is suing Seattle over its new “democracy voucher” program for publicly funded political campaigns, which was passed by voters in 2015 and is being used for the first time in this year’s city council races. Under the program, Seattle’s voters decided to tax themselves $3 million a year in exchange for four $25 vouchers they can sign over to candidates. Supporters say it is a novel way to counter the effect of big money in politics and to help lesser-known candidates communicate their views. But the lawsuit says it forces people to pay taxes to support candidates they do not necessarily agree with in violation of their free-speech rights.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
June 23, 2017 •
News You Can Use Digest – June 23, 2017
National: As Pot Comes Out of the Black Market, Regulators Face Scrutiny Boston Herald; Associated Press – | Published: 6/21/2017 Recent cases in Colorado and Washington are the first known instances of current or former marijuana regulators being accused […]
National:
As Pot Comes Out of the Black Market, Regulators Face Scrutiny
Boston Herald; Associated Press – | Published: 6/21/2017
Recent cases in Colorado and Washington are the first known instances of current or former marijuana regulators being accused of having improper dealings with the industry. The two recreational marijuana states are the nation’s oldest, approving legal weed in defiance of federal law in 2012. Watchdogs say the Colorado and Washington cases should spur states to beef up ethics commissions charged with monitoring conflicts-of-interest by government employees. Michigan, a medical-marijuana state, passed a 2016 law banning even relatives of its pot oversight board members from having any financial stake in the marijuana industry.
The Not-So-Bitter Rivalry of Dean Baquet and Marty Baron
Politico – Joe Pompeo | Published: 6/19/2017
The Washington Post’s Marty Baron and Dean Baquet of The New York Times are the two most important newspaper editors in America right now, at a time when the news media are tackling the most consequential story of the past 40 years. Donald Trump’s presidency has revved up the competition for news organizations far and wide; big and small; print, broadcast, and digital. In the process, he has sparked a resurgence of storied legacy outlets like The Times and The Post, each of which has struggled with changes in the news business while doomsayers augured its demise. As with the rest of the media, their “Trump bump” has been a boon in terms of scoops and subscribers.
Federal:
Despite Concerns About Blackmail, Flynn Heard C.I.A. Secrets
New York Times – Matt Apuzzo, Matthew Rosenberg, and Adam Goldman | Published: 6/20/2017
Senior U.S. intelligence officials knew as early as January that former national security adviser Michael Flynn could have been vulnerable to Russian blackmail. Despite officials’ knowledge of the risks associated with Flynn, he continued to sit in on meetings during which President Trump was briefed on sensitive intelligence. It is unclear whether CIA Director Mike Pompeo, who briefed Trump on intelligence while Flynn sat nearby, was aware of officials’ concerns about Flynn. Many of Trump’s political problems, including the appointment of a special counsel and the controversy over the firing of the FBI director, James Comey, can ultimately be traced to Flynn’s stormy tenure.
Trump Says He Did Not Tape Comey Conversations
New York Times – Mark Lander | Published: 6/22/2017
President Trump said he did not record his conversations with James Comey. the FBI director he fired amid the Justice Department’s probe into the Trump campaign’s possible ties to Russia. The president’s Twitter messages left open the possibility the conversations may have been taped without his knowledge. But they largely confirmed the suspicions of outsiders that Trump had been leveling a baseless threat at Comey when he wrote, “James Comey better hope that there are no ‘tapes’ of our conversations before he starts leaking to the press!” Some legal experts have said Trump’s threat could be used in an obstruction of justice case against him, since it could be interpreted as putting pressure on Comey not to discuss their conversations about the FBI’s Russia investigation.
From the States and Municipalities:
Arizona: Axiom Partners Rename Lobbying Firm as Bribery Case Unfolds
Arizona Republic – Ronald Hansen | Published: 6/21/2017
A month after a federal bribery case shook Arizona’s lobbying community, the firm whose prominent exe features the same staff as Axiom Public Affairs, without lobbyist Jim Norton, said Kelsey Lundy, the firm’s managing partner. Once viewed as among the most politically connected lobbying firms in Arizona, Axiom’s run came crashing down after Norton’s may indictment in a case alleging he was a conduit for bribes paid by developer George Johnson to former Arizona Corporation Commissioner Gary Pierce through his wife.
California: Lobbying Firm Fined $4,000 for Violating Gift Limit Buying Dinner for Former State Sen. Ronald Calderon
Los Angeles Times – Patrick McGreevy | Published: 6/19/2017
Mercury Public Affairs agreed to pay a $4,000 fine for violating the $10 gift limit on lobbying firms when it provided dinners worth $200 to former state Sen. Ronald Calderon and his wife. The violation was found by a random audit by the state Franchise Tax Board. In October, Calderon was sentenced to 42 months in federal prison after he pleaded guilty in a public corruption case unrelated to the Mercury dinner.
Connecticut: Lobbyists, Corporate PACs Help Legislator Pay for His Travels as RNC Member
Hartford Courant – Jon Lender | Published: 6/17/2017
State Rep. John Frey travels all over the country for meetings he attends as one of Connecticut’s two members of the Republican National Committee (RNC). But Frey does not pay for any it – flights, dining, hotel rooms, and sometimes car service to and from the airport – because his costs are reimbursed by a political action committee he set up six years ago called Leadership Connecticut PAC. Its stated purpose is to support federal candidates for the U.S. House and Senate, but its main activities, arguably, have been to stage the annual fundraisers to sustain itself and to pay for the travels of Frey and Patricia Longo, his fellow RNC member until she retired last year.
Florida: The Miami Beach Mystery PAC Is Under State Investigation
Miami Herald – Nicholas Nehamas, Joey Flechas, and David Ovalle | Published: 6/20/2017
A corruption probe is underway into a controversial political group linked to Miami Beach commissioner and mayoral candidate Michael Grieco. At least one donor to the PAC has been subpoenaed by the Miami-Dade state attorney’s office, according to a defense attorney representing the donor. The list of donors to People for Better Leaders is stocked with Miami Beach vendors, lobbyists, and developers with business before the city. Investigators with the state’s corruption task force may be seeking to learn if those donations were a quid pro quo for Grieco’s political favor. Grieco may also have broken a city law that bans candidates and elected officials from asking vendors and lobbyists for donations, either directly or through a third-party.
Hawaii: What Honolulu Lobbyists Don’t Tell You
Honolulu Civil Beat – Anita Hofschneider | Published: 6/19/2017
Honolulu does not require lobbyists to provide any details about how they spend money. About 85 percent of the lobbyists who filed reports said they did not spend anything last year. Nearly three dozen registered lobbyists did not submit any reports, even though mandatory forms were due six months ago. Jan Yamane, who took over the city Ethics Commission last fall, said the current lobbying disclosure process is not working. “We need to debrief this thing, hit the reset button and completely overhaul this process,” Yamane said.
Illinois: Emanuel Friend, Alderman’s Husband Both Illegally Lobbied Mayor Via His Personal Email: Ethics board
Chicago Tribune – Bill Ruthhart | Published: 6/16/2017
A close friend of Chicago Mayor Rahm Emanuel, as well as the husband of a city council member, face fines for lobbying the mayor through his private emails but failing to register as lobbyists. Alan King, husband of Ald. Sophia King, and James Abrams are the latest targets of the reinvigorated city Board of Ethics. Under the law, Abrams could face a potential fine of more than $520,000. King could face a fine of more than $500,000. Board of Ethics Chairperson William Conlon has signaled the board is unlikely to hand out exorbitant maximum penalties. But Conlon argued the fine needs to be “enough to send a message.”
Kentucky: Ethics Panel Appeals Ruling That Allows Lobbyists to Give Gifts, Money to Lawmakers
Lexington Herald-Leader – Jack Brammer | Published: 6/21/2017
The Kentucky Legislative Ethics Commission will appeal a recent federal court ruling that allows lobbyists to give gifts and campaign donations to state lawmakers. “We thought it too important not to appeal,” said commission Chairperson George Troutman. A lawsuit filed by State Sen. John Schickel and two Libertarian political candidates argued the ethics laws violate their constitutional rights to free speech and equal protection by restricting their access to people who want to help them. State regulators countered that the laws were meant to prevent bribery at the Capitol. The Registry of Election Finance, the other defendant in the case, has yet to decide whether to appeal.
Kentucky: Fired Lawyer to Get Settlement from Kentucky Over Her ‘Whistleblower’ Case About Sex Toys
Louisville Courier-Journal – Deborah Yetter | Published: 6/15/2017
Jacqueline Heyman, a former lawyer with the Kentucky Public Protection Cabinet, reached a financial settlement with the state over her claim she was fired in 2015 after reporting two co-workers were running a “sex toy” business out of the office. Heyman began work as a supervising attorney with the department in April 2015. She was fired before she could successfully complete a six-month probation period and gain merit system job protection. Heyman said she discovered the extent of the online, adult product business when she found a box of such items under the desk of one of the employees. Heyman said she got little reaction after she reported it to her boss so she told the Executive Branch Ethics Commission. A week later, Heyman said she was fired with no explanation.
New York: New York Ethics Agency Hit with Harassment Lawsuit
Albany Times Union – Chris Bragg | Published: 6/20/2017
A former financial auditor at the New York Joint Commission on Public Ethics alleges she was fired after reporting sexual discrimination by one of her supervisors to the agency’s leadership. Catherine Webb outlined her accusation in a recent civil lawsuit she filed against the commission in federal court. Webb alleges she was repeatedly subjected to abusive verbal conduct that was “severe, pervasive and frequent.”
North Carolina: Is North Carolina the Future of American Politics?
New York Times – Jason Zengerle | Published: 6/20/2017
Ever since 2010, when Republicans seized control of the North Carolina General Assembly for the first time in a century, and especially since 2012, when they took the governor’s mansion, the state’s politics have been haywire. “It’s more polarized and more acrimonious than I’ve ever seen,” said Carter Wrenn, a veteran GOP political consultant. “And I’ve seen some pretty acrimonious politics – I worked for Jesse Helms.”
Wisconsin: Supreme Court to Hear Potentially Landmark Case on Partisan Gerrymandering
Washington Post – Robert Barnes | Published: 6/19/2017
The U.S. Supreme Court will consider whether judges can throw out legislative maps as being so partisan they violate the Constitution, taking up a case that could put a powerful new check on gerrymandering. The justices agreed to hear arguments on a Wisconsin map that a lower court said was designed to keep Republicans in control of the state Legislature even if they did not win a majority of the votes. The Supreme Court has never struck down a legislative map as being too partisan, or told challengers what standard they have to meet to win a lawsuit. The case, which the court will hear in the nine-month term that starts in October, could open the way for a new wave of election litigation.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
June 16, 2017 •
News You Can Use Digest – June 16, 2017
Federal: After the Shootings, Calls for Unity Amid Recriminations and Finger-Pointing Washington Post – Dan Balz | Published: 6/14/2017 From President Trump to congressional leaders of both parties to ordinary citizens came calls for prayers for the victims of the […]
Federal:
After the Shootings, Calls for Unity Amid Recriminations and Finger-Pointing
Washington Post – Dan Balz | Published: 6/14/2017
From President Trump to congressional leaders of both parties to ordinary citizens came calls for prayers for the victims of the shootings that left House Majority Whip Steve Scalise and four others wounded, praise for the Capitol Police officers who prevented an even worse tragedy and, above all, words of reconciliation and unity. But barely on the edges of those remarks was another round of recriminations and a renewed debate about what has brought the country to a point of such division, what is to blame for what happened on that baseball field, and what, if anything, can be done to lower temperatures for more than a few minutes.
D.C. and Maryland Sue President Trump, Alleging Breach of Constitutional Oath
Washington Post – Aaron Davis | Published: 6/12/2017
The attorneys general of Maryland and the District of Columbia filed a lawsuit alleging foreign payments to President Trump’s businesses violated the U.S. Constitution. Trump already faces a similar lawsuit, but the case from two state attorneys general could stand a better chance in court as the first government action over allegations Trump violated the Constitution’s so-called emoluments clause, which bars him from accepting gifts from foreign governments without congressional approval, by maintaining ownership over his business empire despite ceding day-to-day control to his sons. The complaint opens uncharted legal territory. No state has accused a president of violating the emoluments clauses of the Constitution.
Lobbyists’ Foreign Agent Filing Raises Questions
BuzzFeed.com – John Hudson | Published: 6/12/2017
Mercury Public Affairs – which was recently forced, alongside former Trump campaign manager Paul Manafort, to disclose lobbying on behalf of political interests in Ukraine – filed a disclosure in February on behalf of the Libertas Foundation. The filing lists a contract for $15,000 a month for work related to “Romania, Bulgaria, Macedonia, Serbia and Greece.” But the filing does not list a foreign agent, one of the key purposes of a Foreign Agents Registration Act disclosure. In the form’s entry for “Name of Foreign Principal” the filing only lists Libertas, which was incorporated in August, just one day before Mercury filed documents with Congress declaring the lobbying work. Normally that space would be filled by the name of a foreign government or entity, not a New York-based organization.
Special Counsel Starts Investigating Trump for Possible Obstruction of Justice, Officials Say
Washington Post – Devlin Barrett, Adam Entous, Ellen Nakashima, and Sari Horwitz | Published: 6/14/2017
What started as a probe of Russian interference of the 2016 election turned into a special counsel-led investigation of whether associated of Donald Trump colluded with Russia. Now the inquiry is reportedly examining whether Trump himself tried to obstruct justice. It was reported that the investigation led by special counsel Robert Mueller is seeking interviews with current and recently resigned top intelligence officials, including Director of National Intelligence Dan Coats and National Security Agency head Mike Rogers. Questions have been raised about whether Trump sought their help in squelching the FBI investigation led by James Comey, whom Trump fired. Coats and Rogers declined to answer questions about their interactions with the president on the Russia subject during a recent Senate hearing.
From the States and Municipalities:
Arizona – What Happens When One of Your Financial Backers Is Indicted?
Arizona Republic – Ronald Hanson and Yvonne Wingett Sanchez | Published: 6/9/2017
The recent indictment of four political figures has forced an unwelcome decision on the numerous elected officials in Arizona they have lavished with campaign contributions over the years: what to do with the cash? So far their responses vary. Gov. Doug Ducey plans to keep nearly $14,000 in donations from those charged in the federal indictment alleging bribery intended to influence the Arizona Corporation Commission. Even as the governor sees no reason to distance himself from the situation, other elected officials said they plan to unload the money to avoid any “taint” from the felony case.
Florida – It’s the End for the Miami Beach Mystery PAC – a Political Whodunit
Miami Herald – Nicholas Nehamas and Joey Flechas | Published: 6/10/2017
A political committee raising funds from special interests will shut down and return its money to donors after being linked to Miami Beach Commissioner Michael Grieco. Since January, Grieco, a candidate for mayor, has offered shifting stories to explain his connection to People for Better Leaders, a PAC that raised $200,000 from local vendors, lobbyists, and developers. Raising special-interest money for PACs is a controversial, and potentially illegal, campaign tactic in Miami Beach, which has stricter campaign finance and ethics laws than the rest of Miami-Dade County. A law passed in 2016 prevents candidates and elected officials, and those acting on their behalf, from soliciting vendors and lobbyists to donate to PACs.
Illinois – Ethics Board Finds Two More Lobbying Violations Tied to Emanuel Emails
Chicago Tribune – Bill Ruthhart | Published: 6/13/2017
The Chicago Board of Ethics found two individuals violated the law by seeking to influence City Hall action without registering as a lobbyist. The new violations come as the ethics board has seen a sharp increase in potential cases after a Chicago Tribune report found Mayor Rahm Emanuel’s personal email accounts have served as a private avenue for lobbyists, corporate executives, and campaign donors who sought action from – or access to – the mayor. The board has determined probable cause for at least 12 other possible lobbying violations, and its review of those cases is ongoing. While the ethics board will notify the two violators, it has yet to make a final determination on how much they will be fined.
Michigan – How Bingo Games Led to $500K Fine for Mich. Democratic Party
USA Today – Kathleen Gray (Detroit Free Press) | Published: 6/9/2017
The Michigan Democratic Party agreed to pay a $500,000 fine after the FEC concluded the party under-reported cash contributions at past bingo fundraisers by $4.4 million and violated several campaign finance laws. The party inaccurately reported approximately 12,500 contributions from the game-of-chance fundraisers, which it had operated over nearly 14 years but shut down three years ago. The civil fine is among the largest ever levied by the FEC.
New Mexico – Secretary of State Planning New Campaign Funding Rules
Albuquerque Journal – Dan Boyd | Published: 6/14/2017
New Mexico Secretary of State Maggie Toulouse Oliver is proposing changes to campaign finance reporting rules for candidates and committees designed to provide more detailed and accurate disclosures of political contributions. Toulouse Oliver published proposed rules that address contributions to political committees that both coordinate with candidates and operate independently. Three public hearings on the rules will be held during July at Albuquerque, Las Cruces, and Santa Fe. The draft rules follow in the footsteps of legislation vetoed by Gov. Susana Martinez that would have made more information available about unlimited independent political donations.
New York – Uber Reaches $98K Settlement Over Millions in Unreported Lobbying
Albany Times Union – Chris Bragg | Published: 6/8/2017
Uber was fined $98,000 by the New York State Joint Commission on Public Ethics for underreporting about $6.3 million in lobbying spending. The fine covers activities in 2015 and 2016 when Uber successfully battled New York City Mayor Bill de Blasio’s attempt to limit its service in the city and pushed to expand upstate. The settlement says most of the underreporting was due to an oversight by a compliance firm that Uber used. Uber has been one of the top spenders on lobbying in recent years as it fought to operate across the state.
Ohio – Ohio Lobbyists Fail to Report $55,000 in Legislative Gifts for First 4 Months of 2017
Cleveland Plain Dealer – Jane Morice | Published: 6/7/2017
Lobbyists in Ohio failed to report about $55,000 in gifts, meals, and beverages for lawmakers during the first four months of this year, said a report from the legislative inspector general. The office follows statehouse calendars, social media, reservations, and tips to keep track of lobbying activity and compares it to submitted reports, Inspector General Tony Bledsoe said. All meals and beverages of any cost and all gifts of more than $25 must be reported.
Oklahoma – Oklahoma Ethics Commission Hikes Fee $50 on All Filers
NonDoc.com – William Savage III | Published: 6/8/2017
The Oklahoma Ethics Commission has raised the fees it charges. State party committees, PACs, campaign committees, lobbyists, the principals who hire lobbyists, state agencies, and their legislative liaisons will all pay $50 more for filing annual registrations with the commission. The fee hike will take effect on July 1 and is expected to generate enough to cover the cost of new software.
Pennsylvania – Ex-Pa. Treasurer Pleads Guilty to Lying to the FBI
Philadelphia Inquirer – Angela Couloumbis | Published: 6/9/2017
Former Pennsylvania Treasurer Barbara Hafer pleaded guilty to lying to the FBI about whether an investment adviser funneled hundreds of thousands of dollars to her after she left office. The maximum possible sentence for the felony offense is five years and a $250,000 fine. Federal prosecutors said Hafer denied in 2016 that she received money from asset manager Richard Ireland shortly after her term as treasurer ended in early 2005. In fact, a company tied to him had funneled $675,000 to her new company, Hafer and Associates, between 2005 and 2007, prosecutors said. Hafer is the second ex-state treasurer in three years to plead guilty to federal charges.
Vermont – Scott Calls New Ethics Law a Step to Restore Trust in Government
VTDigger.org – Dan Schwartz | Published: 6/14/2017
Vermont Gov. Phil Scott has signed into law a bill establishing a state ethics commission. The measure creates a five-member panel that reviews cases of unethical behavior. The commission would then have the power to send cases to the state attorney general’s office. The law also requires lawmakers to disclose sources of income above $5,000. Before the bill became law, Vermont was among five states without an ethics commission or code of conduct in state law for public officials.
Wisconsin – Supreme Court Could Tackle Partisan Gerrymandering in Watershed Case
Washington Post – Robert Barnes | Published: 6/11/2017
The U.S. Supreme Court is being asked to uphold a lower court’s finding that the Wisconsin redistricting effort in 2011 was more than just extraordinary, it was unconstitutional. Such a conclusion would mark a watershed moment for the way American elections are conducted. The Supreme Court has regularly tossed out state electoral maps because they have been gerrymandered to reduce the influence of racial minorities by depressing the impact of their votes. But the justices have never found a plan unconstitutional because of partisan gerrymandering – when a majority party draws the state’s electoral districts to give such an advantage to its candidates that it dilutes the votes of those supporting the other party.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
June 9, 2017 •
News You Can Use Digest – June 9, 2017
National: How Donald Trump Shifted Kids-Cancer Charity Money into His Business Forbes – Dan Alexander | Published: 6/6/2017 The Eric Trump Foundation apparently paid President Donald Trump’s businesses $1.2 million between 2007 and 2015 for expenses related to the foundation’s […]
National:
How Donald Trump Shifted Kids-Cancer Charity Money into His Business
Forbes – Dan Alexander | Published: 6/6/2017
The Eric Trump Foundation apparently paid President Donald Trump’s businesses $1.2 million between 2007 and 2015 for expenses related to the foundation’s annual charity event at the Trump National Golf Club in Westchester County, New York, according to a report in Forbes. Eric Trump said the Trump Organization allowed his nonprofit foundation to use the golf course for free and covered most expenses for the golf tournament. But Forbes found IRS filings indicate otherwise. Forbes reported the Trump National Golf Club charged the Eric Trump Foundation tens, and later hundreds, of thousands of dollars each year for the one-day event, while donors were led to believe a much bigger portion of their money would go directly to the fundraiser’s chosen cause, children’s cancer research.
Federal:
James Comey Testifies: Former FBI director says he helped reveal details of conversations with Trump
Washington Post – Devlin Barrett and Ellen Nakashima | Published: 6/8/2017
Former FBI Director James Comey asserted that President Donald Trump fired him to interfere with his investigation of Russia’s role in the 2016 election and its ties to the Trump campaign. Comey accused the administration of spreading “lies, plain and simple” about him and the FBI in the aftermath of his abrupt firing. Comey also described intense discomfort about one-on-one conversations between him and the president, saying he decided he immediately needed to document the discussions in memos. Comey said he helped reveal details of his private conversations with Trump because he thought doing so would spur the appointment of a special counsel to investigate the administration.
Lobbyists, Industry Lawyers Were Granted Ethics Waivers to Work in Trump Administration
New York Times – Eric Lipton and Danielle Ivory | Published: 6/7/2017
New disclosures offer additional evidence that lobbyists and industry executives who can now shape policies benefitting their former clients and companies have been allowed to work in the Trump administration. The documents were released in response to a demand by the Office of Government Ethics (OGE) for details on how the Trump administration is enforcing the ethics policies. One unexpected outcome was proof the Obama administration, despite a much touted promise to make all of its ethics waivers public, stopped providing them to the OGE. The “revolving door” cases in the Trump administration generally involve individuals who had been retained by for-profit clients, and then took up matters that could benefit these former clients.
Top Intelligence Official Told Associates Trump Asked Him If He Could Intervene with Comey on FBI Russia Probe
Washington Post – Adam Entous | Published: 6/6/2017
The nation’s top intelligence official told associates in March that President Trump asked him if he could intervene with then-FBI Director James Comey to get the bureau to back off its focus on former national security adviser Michael Flynn in its Russia probe. The events involving Director of National Intelligence Daniel Coats show the president went further than just asking intelligence officials to deny publicly the existence of any evidence showing collusion during the 2016 election, as The Washington Post reported in May. The interaction with Coats indicates Trump aimed to enlist top officials to have Comey curtail the FBI’s probe.
From the States and Municipalities:
Alabama – Ethics Commission Declines to Make Site Consultants Register as Lobbyists
AL.com – Mike Cason | Published: 6/7/2017
The Alabama Ethics Commission rejected its staff’s opinion that site consultants for companies considering moving to the state are required under certain circumstances to register as lobbyists under the ethics law. Staff members said the companies who hire the consultants to scout locations and incentive opportunities from local governments would have to register as principals. The commission declined to vote on the recommendation after economic development officials said would hurt their recruiting efforts because companies place a high value on confidentiality when they are considering a new location.
Arizona – Corruption Case Snares Lobbyist at the Center of Arizona Power Politics
Arizona Republic – Yvonne Wingett Sanchez and Dan Nowicki | Published: 5/26/2017
Among the individuals named in a federal indictment was one who has touched almost every corner of Arizona power politics: lobbyist Jim Norton. A familiar figure for years at the Capitol, Norton was among Gov. Doug Ducey’s earliest political backers and a friend since college. His firm helped guide U.S. Rep. Andy Biggs to victory last November. He is also the business community’s leading voice at the statehouse. Prosecutors say Norton was “a conduit” for bribes that water-company owner George Johnson is accused of paying to former Arizona Corporation Commission Chairperson Gary Pierce. Authorities allege the money helped secure commission approval of higher rates for Johnson Utilities.
District of Columbia – D.C. Mayor Bowser Fined $13,000 for Illegal Campaign Contributions
Washington Post – Aaron Davis | Published: 6/7/2017
District of Columbia Mayor Muriel Bowser’s campaign committee was fined $13,000 for taking campaign donations over legal limits during her successful run for office three years ago. Bowser’s campaign kept over $11,000 in illegal contributions from 13 developers, contractors, and Sanford Capital, a landlord her administration has since been slow to fine for more than 1,000 housing-code violations. Some of the developers who contributed more than the legal limit to Bowser in 2014 were the same ones who went on to donate to a PAC that Bowser’s allies set up but later abandoned during her first year in office amid criticism from city council members that it was creating a perception of “pay-to-play” politics.
Florida – Someone Raised $200K from Miami Beach Bigwigs, But No One Will Say Why
Miami Herald – Nicholas Nehamas and Joey Flechas | Published: 6/5/2017
Miami Beach Commissioner Michael Grieco says he does not know a thing about a mysterious South Florida group that raised $200,000 from city bigwigs last year. But interviews with two of those donors suggest the PAC is raising money in his name, and that Grieco, who is running for mayor, solicited at least one contribution. Miami Beach lobbyists, vendors, and real-estate developers all appear on the list of donors to People for Better Leaders, exactly the type of power players whose contributions led to a public outcry during the last election cycle and, ultimately, to stricter campaign finance laws.
Kentucky – Judge Tosses Ethics Rules for Kentucky Lobbyists, Lawmakers
U.S. News & World Report – Adam Beam (Associated Press) | Published: 6/7/2017
A federal judge ruled Kentucky lawmakers can accept gifts from lobbyists and that lobbyists can make campaign contributions to candidates for the Legislature. The state law banning lobbyists giving gifts to lawmakers includes “anything of value,” which U.S. District Court Judge William Bertelsman said was too vague. State regulators said the laws were meant to prevent bribery at the Capitol. Most of the rules were enacted after “Operation BOPTROT,” a 1992 FBI probe that exposed 15 current or former legislators who sold their votes. Officials with the Legislative Ethics Commission and the Registry of Election Finance said they were reviewing the order and were considering an appeal.
Missouri – What You Need to Know about Missouri’s Evolving Campaign Finance Laws
Missouri Times – Travis Zimpfer | Published: 6/6/2017
On June 20, Missouri’s campaign finance laws will once again experience changes for the second time in roughly six months. The Missouri Ethics Commission updated their own primer on the constitutional amendment and how a recent decision by a federal judge that found many provisions of the law unconstitutional affected it. Commission Director James Klahr issued an advisory opinion that political party committees in the House and Senate are not bound to the $25,000 aggregate limit in accordance with the ruling.
North Carolina – US Supreme Court Affirms NC Legislative Districts as Racial Gerrymanders
Raleigh News and Observer – Anne Blythe | Published: 6/5/2017
The U.S. Supreme Court upheld a lower court ruling that struck down 28 state House and Senate districts in North Carolina because they violated the rights of black voters. But the justices rejected the court’s order to redraw the districts and hold a special election. The action by the justices sends the matter back to the lower court, which could order new districts in time for the regular cycle of elections in 2018.
Pennsylvania – A Philly Teacher’s Stunts Draw Interest from The Board of Ethics
Philadelphia Inquirer – Chris Brennan | Published: 6/5/2017
It looks as if George Bezanis, a Central High School social studies teacher who has used a billboard and a banner plane to protest the lack of a new union contract for the Philadelphia Federation of Teachers, will be butting heads with the city Board of Ethics. An attorney for the ethics board told Beznis the billboard and banner plane were “reportable lobbying under the city’s lobbying law.” Bezanis needed to register as a lobbyist, the attorney said in the message, or face a financial penalty.
South Carolina – Firms Named in SC Corruption Probe Have Hundreds of Millions at Stake
The State – Jamie Self and Avery Wilks | Published: 6/4/2017
South Carolina’s largest special interests know the time they spend working the state’s lawmakers at the Capitol is well spent. But was the help they got from one of the state’s most influential political families legal? Indicted Rep. Rick Quinn, whose father operates a political consulting empire, stands accused of voting and lobbying in the Legislature on behalf of special interests that, prosecutors allege, paid him through his direct-mail business and his father’s firm. He also is charged with failing to disclose accepting nearly $4.6 million he received from special interests that lobby the Legislature. The companies that Quinn is charged with illegally helping are big fish in the pool of special interests vying for influence in Columbia.
Tennessee – Record $465,000 Fine Issued Against Jeremy Durham for ‘Egregious’ Campaign Finance Violations
The Tennessean – Dave Boucher and Joel Ebert | Published: 6/7/2017
The Tennessee Registry of Election Finance levied the largest fine it has ever imposed against former state Rep. Jeremy Durham for hundreds of campaign finance law violations. Among the findings in an audit were allegations Durham used campaign funds to improperly buy sunglasses, suits, and spa products, and inappropriately loaned thousands of dollars to his wife, a prominent Republican fundraiser and professional gambler. Registry members occasionally haggled over the individual amounts for each violation, trying to determine how egregious Durham’s actions were while also expressing a desire to use the penalties to prevent future wrongdoing. In total, the registry fined Durham $465,500 for more than 300 violations.
Wisconsin – Critics Deride Secrecy, Limits on Investigations by State Ethics Commission as It Nears 1-Year Mark
Wisconsin State Journal – Mark Sommerhauser | Published: 6/4/2017
Critics say it is difficult to assess the work of Wisconsin’s new ethics commission because much of what it does is kept secret. Current and former commissioners and other observers say they have seen some heartening signs from the six-member panel, which acts as the state’s watchdog of political campaigns and candidates, public officials, and those who seek to influence them. But critics say the commission is handcuffed by legal limits on what it can disclose about its efforts to enforce campaign finance, ethics, and lobbying laws. It also is much more limited than its predecessor, the Government Accountability Board, in its ability to investigate alleged violations of those laws.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
June 2, 2017 •
News You Can Use Digest – June 2, 2017
National: The GOP Inherits What Trump Has Wrought Washington Post – Karen Tumulty and Robert Costa | Published: 5/26/2017 President Trump – and specifically, his character and conduct – now dominate the national political conversation. The dynamic is shaping the contours […]
National:
The GOP Inherits What Trump Has Wrought
Washington Post – Karen Tumulty and Robert Costa | Published: 5/26/2017
President Trump – and specifically, his character and conduct – now dominate the national political conversation. The dynamic is shaping the contours of this year’s special congressional elections and contests for governor, as well as the jockeying ahead the 2018 midterm elections. When U.S. House candidate Greg Gianforte assaulted a reporter who had attempted to ask him a question, many saw not an isolated outburst by an individual, but the obvious, violent result of Trump’s charge that journalists are “the enemy of the people.” Nonetheless, Gianforte won Montana’s special election to fill a safe Republican seat.
Federal:
A Vocal Defender of Ethics Has Fans – and Foes
New York Times – Nicholas Fandos | Published: 5/30/2017
Ethics have been thrust to the forefront in President Trump’s Washington, where his own vast holdings and those of his asset-rich cabinet and advisers from businesses and lobbying firms have raised accusations of conflicts-of-interest. Office of Government Ethics Director Walter Shaub has emerged as one of the few voices from within the government willing to second-guess the president and his advisers. The confrontations have given Shaub, a self-effacing career bureaucrat, the reputation of a fighter. Admiring fans have put his face on T-shirts. He even has a Facebook fan group, with more than 1,000 likes.
Jared Kushner Now a Focus in Russia Investigation
New York Times – Matthew Rosenberg, Mark Mazzetti, and Maggie Haberman | Published: 5/29/2017
Jared Kushner, President Trump’s son-in-law and senior adviser, was looking for a direct line to Vladimir Putin, a search that in mid-December found him in a room with a Russian banker whose financial institution was deeply intertwined with Russian intelligence, and remains under sanction by the U.S. Federal and congressional investigators are now examining what exactly Kushner and the Russian banker, Sergey Gorkov, wanted from each other. The banker is a close associate of Putin, but he has not been known to play a diplomatic role for the Russian leader. That has raised questions about why he was meeting with Kushner at a crucial moment in the presidential transition.
White House Details Ethics Waivers for Ex-Lobbyists and Corporate Lawyers
New York Times – Eric Lipton and Steve Eder | Published: 5/31/2017
The White House disclosed the ethics waivers given to appointees who work for President Trump and Vice President Pence, including four former lobbyists. The waivers exempt the appointees from certain portions of ethics rules aimed at barring potential conflicts-of-interest. Among the high-profile figures who received waivers: White House Chief of Staff Reince Priebus and counselor to the president Kellyanne Conway, who were both permitted to engage with their former employers or clients. The details were made public after a dispute between the White House and the Office of Government Ethics, which had been pushing the Trump administration to stop granting such waivers in secret.
From the States and Municipalities:
Arizona – Arizona Attorney General Investigating Phoenix Law Firm’s Falsified Lobbying Documents
Arizona Republic – Dustin Gardiner and Rob O’Dell | Published: 5/31/2017
The Arizona attorney general’s office is conducting a criminal investigation into a law firm that filed falsified documents with the city of Phoenix. Burch & Cracchiolo violated the city’s lobbying ordinance and filed falsified documents to make it appear it had complied, The Arizona Republic reported in January. The firm later withdrew those documents and said they were prepared by a non-attorney staffer. Although Phoenix did not prosecute anyone at Burch & Cracchiolo for not complying with lobbyist regulations, the issue of falsified documents is a separate legal matter. Filing false documents with a government agency can be a felony offense.
Arizona – Ex-Corporation Commissioner Gary Pierce, Lobbyist Jim Norton Indicted
Arizona Republic – Ryan Randazzo | Published: 5/25/2017
Former Arizona Corporation Commissioner Gary Pierce and Johnson Utilities owner George Johnson were indicted in federal court on bribery, conspiracy, and other charges. The indictment alleges Johnson and Pierce developed an elaborate scheme that paid Pierce over $30,000 and provided employment for his wife, who was also charged. In return, Pierce pushed through a rate increase for Johnson Utilities to pay for a personal tax debt that Johnson owed. Johnson allegedly used a lobbying firm to funnel money to Pierce. He also reportedly offered Pierce and the lobbyist, Jim Norton, “the opportunity to purchase land valued at approximately $350,000.”
Arizona – Phoenix: Tougher rules for paid lobbyists to take effect July 1
Arizona Republic – Dustin Gardiner | Published: 5/31/2017
The Phoenix City Council gave approval to an overhaul of the lobbying ordinance so it can prosecute paid lobbyists who flout rules requiring them to register, list their clients, and disclose gifts to officials. The existing law was adopted more than two decades ago but lacked language that explicitly said the city could prosecute those who do not comply. Under the new rules, which take effect July 1, lobbyists who do not file the required registration or expense-disclosure forms can face sanctions, including fines of up to $2,500, suspension from lobbying, and possible jail time for repeated offenses.
Kentucky – Bevin, Facing Ethics Complaint, Blasts Journalist Over Reporting About His Mansion
Lexington Herald-Leader – Allison Ross (Louisville Courier-Journal) | Published: 5/28/2017
Kentucky Gov. Matt Bevin, facing an ethics complaint about the unusually low purchase price of the mansion he Is living in, took to Twitter to personally attack a journalist who has been reporting about the controversy. Bevin called Louisville Courier-Journal reporter Tom Loftus a “sick man” for allegedly being “caught sneaking” around Bevin’s home and property. The Courier-Journal rejected the claim that Loftus was “caught sneaking” around or that he was removed from the property. At the time Loftus visited the home, Bevin would not say whether he and his family lived there, nor had he responded to requests for details about the $1.6 million sale of the home to Anchorage Place, a limited-liability corporation whose ownership is unknown.
Massachusetts – Former Top Mass. Lawmaker Often Helped His Business, Family
Boston Globe – Andrea Estes | Published: 5/30/2017
Massachusetts Rep. Garrett Bradley has shown a pattern in his 16-year legislative career of taking actions in his official capacity that advanced his business interests, state records and interviews with other officials show. E-mails to and from Bradley show he helped his law firm get millions of dollars in legal work from the state retirement system in 2004, something Bradley’s own legal advisers later warned him against. Bradley also tapped his connections to help his sister and father-in-law get jobs, and two members of the Governor’s Council accused him of using political donations to help his wife get a judgeship. Ethics experts said Bradley’s conduct, at a minimum, looks bad, and some of it raises thorny legal questions.
Missouri – Missouri Pay-to-Play Allegations Heat Up Over New Links Between Lawmaker, Megadonor
Kansas City Star – Jason Hancock | Published: 5/25/2017
The relationship between the Missouri Senate President Ron Richard and an emissary for one of the state’s most prolific political donors is raising eyebrows in the statehouse. Richard has been dogged by “pay-to-play” allegations over a bill he sponsored that would benefit a company owned by Republican donor David Humphreys. Now, new details about Richard’s association with Paul Mouton, widely considered to be Humphreys’ eyes and ears in the Capitol, are rekindling the long-simmering accusations.
New York – Ex-Sterne Agee Executive Admits to N.Y. Pension Fund Bribes
Bloomberg.com – Christian Berthelson | Published: 5/30/2017
A former managing director at broker-dealer Sterne Agee & Leach pleaded guilty to bribing a former portfolio manager at New York state’s retirement fund in exchange for tens of millions of dollars’ worth of business. Deborah Kelley admitted that between 2014 and 2016, she paid bribes including entertainment, travel, and lavish meals to Navnoor Kang, former director of fixed income and head of portfolio strategy at the New York State Common Retirement Fund. She expensed the costs to Sterne Agee, while omitting that the money was spent entertaining Kang.
Pennsylvania – Lack of Gift Ban for Pa.’s Legislators Continues to Miff Critics
Pittsburgh Post-Gazette – Angela Couloumbis (Philadelphia Inquirer) and Karen Langley | Published: 5/28/2017
Critics often cite Pennsylvania as having the weakest gift regulations in the nation. Former legislators say lawmakers resist changes because they enjoy the perks of the job, including being entertained by lobbyists and others with an interest in state government. The gift-ban issue gained traction and urgency after a 2014 scandal that revealed some House members had accepted envelopes stuffed with cash from an undercover informant posing as a lobbyist for law enforcement. Both chambers clamored to change their rules to prohibit cash gifts, but the fervor to pass stronger bans dulled, and the issue got pushed to the legislative back-burner.
Texas – Ethics Reform Not Swept Under Rug, But Not Sweeping Either
Texas Tribune – Jay Root | Published: 6/1/2017
Texas Gov. Greg Abbott praised lawmakers for enacting a “very meaningful” ethics package that broadens transparency on public officials’ outside business dealings, and strips convicted legislators of their offices and retirement benefits. A compromise bill passed by the House and Senate gave Abbott legislative approval on three of the six major ethics bills he championed at the outset of the session. Three other Abbott-backed bills, as well as other ethics measures outside the governor’s reform agenda, died as the Legislature ended its regular session.
Texas – Texas Lawmaker Threatens to Shoot Colleague After Reporting Protesters to ICE
New York Times – Matthew Haag | Published: 5/29/2017
A chaotic scene erupted. on the last day of the legislative session in Texas when demonstrators in the House gallery began chanting in opposition to a new law that bans sanctuary cities. On the floor, Rep. Matt Rinaldi turned to several Democratic lawmakers and told them he had reported the protesters to the U.S. Immigration and Customs Enforcement agency. Rep. César Blanco said Rinaldi told him and others, “We are going to have them deported,” and then used an obscenity. The exchange led to a confrontation among lawmakers, with some pushing and pointing at one another. Rinaldi got into a face-to-face argument with Rep. Poncho Nevárez and threatened to shoot him. Legislators with licenses may carry concealed firearms in the Capitol, but it was not clear if Rinaldi was armed.
Washington – Citizen Watchdog Peppers Washington State with Campaign-Finance Complaints Against Dems
Seattle Times – Joseph O’Sullivan | Published: 5/30/2017
From his home office in Tenino, a small town about 15 miles south of Olympia – and the occasional coffee shop – Glen Morgan has launched a volley of campaign finance complaints against Democratic candidates and groups. As of May 23, the attorney general’s office has recorded 79 complaints for this year; Morgan filed 75 of those. Morgan argues his efforts keep government honest and highlight quirks in Washington’s disclosure laws he believes need changing.
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