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.
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.
May 26, 2017 •
News You Can Use Digest – May 26, 2017
National: Sean Hannity Done Talking About Seth Rich and WikiLeaks ‘for Now’ as Fox News Retracts Story Washinton Post – Kristine Phillips and Peter Holley | Published: 5/24/2017 Fox News retracted a story linking the murder of a Democratic National […]
National:
Sean Hannity Done Talking About Seth Rich and WikiLeaks ‘for Now’ as Fox News Retracts Story
Washinton Post – Kristine Phillips and Peter Holley | Published: 5/24/2017
Fox News retracted a story linking the murder of a Democratic National Committee staff member with the email hacks that aided Donald Trump’s campaign, effectively quashing a conspiracy theory that had taken hold across the right-wing news media. The story of the murdered aide, Seth Rich, who was 27 when he was shot near his Washington, D.C. home in July, has been seized on by conservative pundits as an alternative narrative to the cascade of damaging revelations about the Trump administration’s ties to Russian officials who meddled in the presidential election. No evidence to support that theory has emerged, and the Washington Metropolitan Police Department is still investigating the case.
Work and Politics: What rights do employees have?
USA Today – Charisse Jones and Michael Izzo | Published: 5/16/2017
A U.S. House member’s letter that helped push a New Jersey attorney to resign after her boss was told she was a grassroots “ringleader,” sparked questions about how much an employer can clamp down on an employee’s activism. In an era of heightened political tensions, when many Americans are marching and boycotting for perhaps the first time, the case is showing how politics and the workplace can collide.
Federal:
‘Soft Money’ Rules Upheld by Supreme Court
Bloomberg BNA – Kenneth Doyle | Published: 5/23/2017
The U.S. Supreme Court turned away a Republican challenge to a federal campaign finance restriction that prevents political parties from raising unlimited amounts of cash to spend on supporting candidates. The Republican Party of Louisiana had argued a provision of the 2002 Bipartisan Campaign Reform Act (BCRA) violates its free speech rights. But the justices let stand a lower court’s ruling that rejected the challenge. BCRA barred state and local parties from taking unlimited donations for any activities concerning federal elections. Such contributions are often called soft money because they are unregulated.
Trump Asked Intelligence Chiefs to Push Back against FBI Collusion Probe after Comey Revealed Its Existence
Washington Post – Adam Entous and Ellen Nakashima | Published: 5/22/2017
President Trump called two of the nation’s top intelligence officials – Dan Coats, the director of National Intelligence, and Admiral Michael Rogers, director of the National Security Agency – and urged them to publicly deny there is any evidence of collusion between his campaign and the Russians. The requests came in the days after then-FBI Director James Comey publicly confirmed the FBI was probing the Trump-Russia connection in his testimony before the House Intelligence Committee on March 20. Coats and Rogers refused to comply with the requests, which they both deemed to be inappropriate.
White House Moves to Block Ethics Inquiry into Ex-Lobbyists on Payroll
New York Times – Eric Lipton | Published: 5/22/2017
The Trump administration is trying to block an effort from the Office of Government Ethics (OGE) to find out the names of lobbyists who have been granted waivers to work in the federal government. The White House sent a letter to OGE Director Walter Shaub, challenging the agency’s authority to see the waivers. President Trump in January signed an executive order that banned lobbyists hired in his administration from working with former clients or on issues they had been involved with for two years unless they received a waiver. Dozens of former lobbyists and industry lawyers are now working in the administration. Keeping the waivers confidential would make it impossible to know whether those officials are violating ethics rules or have been given a pass to ignore them.
From the States and Municipalities:
Arizona – Phoenix Moves to Implement New Rules for Lobbyists Following Republic Report
Arizona Republic – Rob O’Dell and Dustin Gardiner | Published: 5/23/2017
The city council gave preliminary approval to amending Phoenix’s lobbying ordinance so those who do not comply with its registration or expense disclosure rules can face sanctions, including fines of up to $2,500, suspension from lobbying, and possible jail time for repeated offenses. The new law also would apply rules to lobbyists’ communication with far more officials at the city. The council also approved a news definition of “lobbyist.” The council will hold one more vote to finalize the changes.
Arkansas – Panel: Dallas Cowboys owner violated Arkansas ethics law
Arkansas Online – John Lyon (Arkansas News Bureau) | Published: 5/20/2017
Dallas Cowboys owner Jerry Jones, who grew up in North Little Rock, paid for the city’s police officers and their families to attend a Cowboys home game of their choice late last season, with travel and lodging accommodations included. The gifts were in recognition of police service and volunteer work in the community. The Arkansas Ethics Commission ruled Jones had committed “an unintentional violation” by making the gift. Jones will receive a warning letter. No sanction was imposed because of his reliance on “the erroneous conclusion” in a North Little Rock City Council resolution. Through that resolution, the council accepted the gifts and subsequently passed them along to the officers as an employee benefit.
Iowa – Ethics Complaint Against Iowa Gun Owners Leader Dismissed
Des Moines Register – Brianne Pfannenstiel | Published: 5/22/2017
A man who has sometimes registered as a statehouse lobbyist was called a “liar” and “immoral,” but the House Ethics Committee dismissed a complaint against Iowa Gun Owners Executive Director Aaron Dorr. The complaint alleged Dorr was telling members of his group that he was lobbying lawmakers, but while Dorr has registered as a lobbyist in the past, he did not this year. Dorr gave documents to the committee saying he had not been designated as a lobbyist for Iowa Gun Owners and was not being paid to be its executive director. Committee Chairperson Rob Taylor said unless the panel decided to issue a subpeona for Dorr’s tax returns and bank records, they would have to accept that explanation.
Missouri – New Campaign Finance Rules Ignore Missouri Voters’ Decision
Governing – Kurt Erickson (Tribune News Service) | Published: 5/23/2017
The Missouri Ethics Commission issued an opinion saying campaign committees formed by party leaders in the House and Senate are no longer limited to contributions totaling $25,000 annually. Commission Executive Director James Klahr said those committees can once again receive unlimited donations. Under a November change to the state constitution, Missouri voters overwhelmingly capped contributions to individual candidates for office at $2,600 per election. Donations to a political party were capped at $25,000.
Montana – Bullock Vetoes Bill to Raise Allowable Campaign Contributions
Billings Gazette – Holly Michels | Published: 5/19/2017
Montana Gov. Steve Bullock vetoed a bill that would have revised campaign finance laws in the state and made changes to the commissioner of political practices office. Bullock said Senate Bill 368 would undermine the agency’s effectiveness and raise contribution limits far above what residents think is acceptable. The legislation would have increased the filing fees for legislative candidates, changed laws related to investigation of campaign practices, created an appeal procedure for certain complaints, and prohibit the commissioner from filing criminal action against a candidate for some violations.
New Mexico – Loophole and Vague Laws Create Ambiguity in Lobbyist Reporting
New Mexico In Depth – Sandra Fish | Published: 5/19/2017
New Mexico’s lobbyist reporting law has been criticized as lacking transparency. A loophole in a 2016 reform effort changed the reporting requirements for organizations and people they hire who spend money to influence public officials in New Mexico. Critics also say the law’s vagueness results in a situation in which lobbyists are now free to report some expenses, or not. And how they report them depends on a lobbyist’s interpretation of the rules.
New York – JCOPE Settlement Expected to Reveal Glenwood Behind $690K
Albany Times Union – Chris Bragg | Published: 5/23/2017
The Joint Commission on Public Ethics reached a settlement with nonprofit lobbying group Pledge 2 Protect that is expected to require the group to disclose that real estate giant Glenwood was intended to force groups like Pledge 2 Protect, issue-oriented nonprofits with lobbying operations, to disclose their donors. But in a series of six transactions in 2013, nearly $700,000 was funneled from previously unknown donors to a newly founded boutique law firm, Marquart & Small, which then passed the funds on to Pledge 2 Protect. Only the name of Marquart & Small showed up on subsequent lobbying disclosure filings, not the names of the original donors.
North Carolina – Supreme Court Ruling Wipes Out Republican-Drawn House Districts in N.C.
USA Today – Richard Wolff | Published: 5/22/2017
The U.S. Supreme Court ruled North Carolina’s Republican-controlled Legislature unlawfully relied on race when drawing two of the state’s congressional districts. The decision continued a trend at the court, where justices have found racial considerations improperly predominated in redistricting decisions by GOP Legislatures in Virginia, Alabama, and North Carolina. Some involved congressional districts, others state legislative districts. The states had contended their efforts were partisan attempts to protect their majorities, which the Supreme Court in the past has allowed, rather than attempts to diminish the impact of minority voters, which is forbidden. But the justices declared North Carolina had relied too heavily on race in their efforts to “reshuffle,” voters from one district to another.
South Carolina – How South Carolina Lawmakers Are Re-examining Their Rule Book after Statehouse Probe Indictments
Charleston Post and Courier – Andy Shain | Published: 5/21/2017
The House and Senate ethics committees are reviewing their advisory opinions to determine if alterations or updates are needed to ensure state lawmakers get the proper guidance to stay within the boundaries of South Carolina’s ethics law. The law does not cover every potential personal conflict in a legislator’s campaign or legislative duties. So, lawmakers receive opinions from their ethics panels to fill the gaps and create a more complete rulebook for them to follow. Since 2014, four legislators have been indicted in an ongoing probe of statehouse corruption.
Virginia – A ‘Personal Friend’ Exemption on Gifts to Virginia’s Elected Officials Leaves Open an Unlimited Loophole
The Virginian-Pilot – Bill Bartel | Published: 5/23/2017
Changes to Virginia’s ethics laws that went into effect last year place a $100 annual limit on gifts from a lobbyist, his or her clients, or someone seeking business with the state. The reform ended a common practice of lobbyists providing lawmakers with unlimited gifts, such as expensive sports tickets or pricey dinners. A new ethics council was set up advise officials and to approve acceptance of specific gifts or travel costing more than $100. But there remained a large exception: there is no limit on gifts to an officeholder or immediate family members from a “personal friend” who is not a lobbyist, a lobbyist’s client, or someone seeking state business.
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.
May 19, 2017 •
News You Can Use Digest – May 19, 2017
Federal: Deputy Attorney General Appoints Special Counsel to Oversee Probe of Russian Interference in Election Washington Post – Devlin Barrett, Sari Horwitz, and Matt Zapotosky | Published: 5/18/2017 The Justice Department appointed Robert Mueller, a former FBI director, as special […]
Federal:
Deputy Attorney General Appoints Special Counsel to Oversee Probe of Russian Interference in Election
Washington Post – Devlin Barrett, Sari Horwitz, and Matt Zapotosky | Published: 5/18/2017
The Justice Department appointed Robert Mueller, a former FBI director, as special counsel to oversee the investigation into ties between President Trump’s campaign and Russian officials, dramatically raising the legal and political stakes in an affair that has threatened to engulf Trump’s presidency. The decision by Deputy Attorney General Rod Rosenstein came after a cascade of damaging developments for Trump in recent days, including his abrupt dismissal of James Comey as FBI director, and the subsequent disclosure that the president asked Comey to drop the investigation of his former national security adviser, Michael Flynn.
DOJ Deflects Calls for More Foreign Agents Act Transparency
Bloomberg BNA – Kenneth Doyle | Published: 5/11/2017
Watchdogs are calling for the U.S. Department of Justice to make public all of its advisory opinions on the Foreign Agents Registration Act (FARA), a law aimed at letting the public know about foreign influence on U.S. politics. The Justice Department recently posted online brief summaries of three past advisory opinions issued under FARA. It has indicated no plans for further action. Meanwhile, other, more complex questions about who must register under the law have increased. High-profile advocates, including Michael Flynn, President Trump’s former national security adviser, recently filed disclosures under FARA revealing past work for foreign governments or political parties.
Reckless Stock Trading Leaves Congress Rife with Conflicts
Politico – Maggie Severns | Published: 5/14/2017
A Politico investigation found 28 House members and six senators each traded more than 100 stocks in the past two years, placing them in the potential cross hairs of a conflict-of-interest on a regular basis. A handful of lawmakers, some of them frequent traders and some not, disproportionately trade in companies that also have an interest in their work on Capitol Hill. House and Senate members who are active traders insist their buying and selling is a normal part of managing their finances, as with any American who wants to save for retirement. But the clear majority of lawmakers avoid potential conflicts by buying mutual funds, putting their portfolios in blind trusts, or simply staying out of the stock market.
The Right Builds an Alternative Narrative About the Crises Around Trump
New York Times – Jeremy Peters | Published: 5/17/2017
As Americans process a dizzying week of damning revelations about President Trump, he has found shelter on the right, where the collective judgment of the conservative media and the Republican Party so far seems to be to shift the blame and change the subject. His most fervent supporters are building alternative narratives to run alongside the “mainstream media” account, from relatively benign diversions to more bizarre conspiracies. For many Trump loyalists, the issue is not whether his presidency is messy and chaotic and dysfunctional; the more relevant question is whether they see anyone else who is equipped to change Washington in the way Trump promised he would.
What Is Obstruction of Justice? An Often-Murky Crime, Explained
New York Times – Charlie Savage | Published: 5/16/2017
The report that President Trump asked then-FBI Director James Comey to drop the investigation into former National Security Advisor Michael Flynn has sparked charges that Trump is obstructing justice. Several federal statutes criminalize actions that impede official investigations. While some examples of illegal ways to thwart the justice system are specific, like destroying evidence, the law also includes broad, catchall prohibitions. Could that cover asking the FBI director to drop part of an investigation, and later firing him?
From the States and Municipalities:
California – Mayor’s Top Aide Got Married at Bayfront Estate of Developer and SoccerCity Supporter
San Diego Union-Tribune – Jeff McDonald | Published: 5/12/2017
Stephen Puetz, chief of staff to San Diego Mayor Kevin Faulconer, took his wedding vows at a private home owned by developer Morgan Dene Oliver, who advocating for the SoccerCity plan for the city-owned Qualcomm Stadium property. Puetz said he received no special treatment from Oliver. As soon as he was offered use of the estate, he said, he contacted the city Ethics Commission to see how he could best meet the conflict-of-interest rules. Puetz said he and his wife, former council aide and registered lobbyist Diana Palacios, paid for the wedding themselves, including a reasonable fee to Oliver for use of the property.
Massachusetts – City Council Debates Level of Transparency in Lobbying Act
Spare Change News – Beth Treffeisen | Published: 5/15/2017
The Boston City Council held a hearing to discuss Mayor Martin Walsh’s re-filing of the proposed home rule petition on lobbying. At the hearing, questions soon arose on whether this draft is what would work best for the city. In its current form, the petition is modeled after existing lobbying regulations at the state-level, but also goes beyond the state’s framework by covering communications not only with elected officials but also with all city employees at all levels of municipal government.
Missouri – Greitens Fails to Meet Promises on Ethics Laws
Southeast Missourian – Summer Ballentine (Associated Press) | Published: 5/15/2017
Bills to strengthen state ethics laws, a campaign pledge of Missouri Gov. Eric Greitens, languished and failed to make it to his desk before lawmakers adjourned the 2017 legislative session. While Greitens said he “set the example on ethics” by enacting lobbyist-gift and revolving-door bans in the executive branch, lawmakers said a not-for-profit with secret donors that promotes his agenda helped undermine his policy proposals in the Legislature.
Montana – New Commissioner Takes Over at Political Practices Office
U.S. News & World Report – Matt Volz (Associated Press) | Published: 5/15/2017
Jeff Mangan has taken over as Montana’s commissioner of political practices, succeeding Jonathan Motl. The office is a political hot seat by nature of its role as the independent overseer of the campaign activities of the state’s elected officials. Allegations of partisan bias tend to dog the commissioner, who is appointed by the governor and must be confirmed by the Senate. As a result, the commissioner’s office has seen frequent turnover – Mangan will be the fifth person to hold the office since Dennis Unsworth in 2010, and he is the first in that time to be confirmed to a full six-year term.
New Hampshire – N.H. Ethics Committee Has Fielded Dozens of Complaints, But Issued No Violations
New Hampshire Public Radio – Casey McDermott | Published: 5/15/2017
The Executive Branch Ethics Committee has spent much of the last decade maintaining a remarkably low profile – it has never held a public hearing on a complaint or recommended any penalties against public officials accused of ethics breaches. From the beginning, this seven-member panel was designed to serve as a resource and a kind of conscience-check for state officials. On that end, it has published dozens of advisory opinions, but the committee was also supposed to be a place where the public could turn when they thought executive branch officials were breaking the rules.
New Jersey – ‘P.S.: One of the ring leaders works in your bank!’: Is this congressman’s fundraising letter a threat?
Washington Post – Amber Phillips | Published: 5/15/2017
In a hand-written note, U.S. Rep. Rodney Frelinghuysen outed a member of an activist group opposing the incumbent Republican to her employer. Saily Avelenda was still a senior vice president and assistant general counsel at Lakeland Bank in March when Frelinghuysen sent a fundraising letter to a member of the bank’s board of directors informing him that Avelenda was one of the “ringleaders” of NJ 11th for Change. The group formed in response to the election of President Trump and has been pressuring Frelinghuysen to meet with constituents in his district and to oppose Trump’s agenda. Avelenda subsequently resigned from her position at the bank.
North Carolina – Strict North Carolina Voter ID Law Thwarted After Supreme Court Rejects Case
New York Times – Adam Liptak and Michael Wines | Published: 5/15/2017
The U.S. Supreme Court will not review a decision that found North Carolina’s 2013 voting law discriminated against African American voters. A unanimous panel of the U.S. Court of Appeals for the Fourth Circuit had found in 2016 that North Carolina legislators had acted “with almost surgical precision” to blunt the influence of African American voters. Last summer, the Supreme Court had divided evenly on whether the law could be used in last fall’s election while the appeals continued. As is the court’s custom, the justices gave no reason for declining to hear the case. But Chief Justice John Roberts issued a statement noting there was a dispute about who represented the state in the case and nothing should be read into the court’s decision to decline to hear it.
South Carolina – State Rep. Rick Quinn Indicted by State Grand Jury
Charleston Post & Courier – Glenn Smith | Published: 5/16/2017
State Rep. Rick Quinn is the fourth South Carolina legislator charged as part of a corruption probe. A grand jury indicted Quinn on two counts of misconduct in office. He is accused of using campaign donations for personal profit. Quinn is the son of veteran strategist Richard Quinn, who owns marketing and political consulting firms. Rick Quinn, also a campaign consultant, owns a direct-mail business. The Quinns have said they keep their firms separate, but the indictments allege Rep. Quinn has an economic interest in all of them. Quinn’s father has not been charged. But the millions of dollars the Quinn firms have collected and spent on clients’ behalf have been a central part of the inquiry.
Vermont – Vt. Political Ethics Bill Moves to Governor’s Desk
Burlington Free Press – April McCullum | Published: 5/11/2017
A bill passed by Vermont lawmakers sets up a state ethics commission in 2018 with a part-time executive director that would review complaints, but would have no investigative or enforcement authority. The commission would also create a state ethics code. The bill also limits lawmakers and government officials from lobbying immediately after they leave office. Individuals who give campaign contributions to a candidate would have to wait one year before that politician’s office could consider them for a no-bid state contract over $50,000.
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.
May 12, 2017 •
News You Can Use Digest – May 12, 2017
National: Silicon Valley Tech Lobbyists Swarm Brussels Politico.eu – Harry Cooper and Nicholas Hirst | Published: 5/4/2017 A new report shows spending on European Union lobbying by Google, Facebook, Apple, and other technology companies has increased by up […]
National:
Silicon Valley Tech Lobbyists Swarm Brussels
Politico.eu – Harry Cooper and Nicholas Hirst | Published: 5/4/2017
A new report shows spending on European Union lobbying by Google, Facebook, Apple, and other technology companies has increased by up to 278 percent between 2014 and 2017, and four out of seven lobbyists currently accredited with the European Parliament have been hired directly from the Parliament to lobby their former colleagues. Transparency International says that major Silicon Valley companies have been lobbying in Brussels for years, but the budget for lobbying has increased in recent years, as Brussels tries to tackle tax avoidance schemes, data protection, and privacy issues.
Federal:
Inside Trump’s Anger and Impatience – and His Sudden Decision to Fire Comey
Washington Post – Philip Rucker, Ashley Parker, Sari Horwitz, and Robert Costa | Published: 5/10/2017
The stated rationale for President Trump’s firing FBI Director James Comey’s delivered by White House spokesperson Sarah Huckabee Sanders was that Comey had committed “atrocities” in overseeing the agency’s probe into Hillary Clinton’s use of a private email server as secretary of state, hurting morale in the bureau and compromising public trust. But the private accounts of more than 30 officials at the White House, the Justice Department, the FBI, and on Capitol Hill, as well as Trump confidants and other senior Republicans, paint a conflicting narrative centered on the president’s brewing personal animus toward Comey.
Kushner Family Stands to Gain from Visa Rules in Trump’s First Major Law
New York Times – Eric Lipton and Jesse Drucker | Published: 5/8/2017
A bill President Trump signed into law renews a program offering permanent residence in the U.S. to affluent foreigners investing money in real estate projects in the country. Just hours after the measure was signed, the company run until January by Trump’s son-in-law and top adviser, Jared Kushner, was urging wealthy Chinese in Beijing to consider investing $500,000 each in a pair of Jersey City luxury apartment towers the family-owned Kushner Companies plans to build. Kushner was even cited at a marketing presentation by his sister Nicole Meyer. The sequence of events offers one of the most explicit examples of the peril of the Trump and Kushner families maintaining close ties to their business interests and creates an impression they stand to profit off Trump’s presence in the White House.
Why the IRS Puts White-Nationalist Groups in the Same Category as Orchestras, Planetariums and Zoos
Washington Post – Max Ehrenfreund | Published: 5/10/2017
Four organizations associated with white nationalism – the National Policy Institute, the New Century Foundation, the Charles Martel Society and VDare Foundation – have raised $7.8 million in tax-free donations over the last decade. White nationalist groups qualify for tax-exempt status because they have successfully argued they have an “educational” mission. A proposal would force them to start paying taxes by removing the provision they rely on for their tax exemption, a broad rule that benefits organizations that sponsor lectures, conferences, and public discussions. But even groups that condemn white nationalists’ messages are hesitant about plans to take away their tax-exempt status.
From the States and Municipalities:
Arizona – Months After It Was Exposed, Phoenix Hasn’t Fixed Toothless Lobbying Law
Arizona Republic – Dustin Gardiner and Rob O’Dell | Published: 5/8/2017
More than three months after Phoenix realized it could not enforce its regulations for lobbyists seeking to influence decisions at City Hall, the problem has yet to be fixed. The rules could get some bite under a set of proposals the city council will debate, but one option under consideration would weaken them even further. Lobbyists who do not register or report meals, gifts, or other expenses made on behalf of elected officials currently face no penalties for breaking the lobbying law by not disclosing their activity. Some city leaders and a watchdog say the delay in making the rules enforceable erodes public confidence.
California – California Politicians Stole Their Money. Will That Make Them Care About Democracy?
Sacramento Bee – Alex Koseff | Published: 5/7/2017
Political scandals are almost dishearteningly pervasive in southeast Los Angeles County. Too many officials have violated the public trust in the area’s small- and medium-sized cities, which are working class and heavily immigrant. Assembly Speaker Anthony Rendon, whose district is at the heart of the most recent troubles, dubs it the “corridor of corruption,” as five cities have sent more than a dozen city officials to jail or prison in the last 11 years. Tired of a reputation shaped by shortcomings, Rendon is one of a new group of representatives forged by the scandals who hope to shed the negative image that has plagued the area.
California – Foes into Friends: Lobbyists make amends to lawmakers with ‘make-up money’
CALmatters.org – Laurel Rosenhall | Published: 5/10/2017
In California, “make-up money” refers to the contributions that flow to newly-elected officials from interest groups that backed a losing candidate during the campaign. There is nothing illegal about giving these donations to a politician, said Jessica Levinson, president of the Los Angeles Ethics Commission. Political contributions break the law only when they involve a direct exchange of money for governmental action. But giving money to the winner of an election after backing an opponent shows that donors are looking to curry favor with whomever has the power to make decisions, Levinson said.
Florida – When That Feisty Neighbor Becomes the President
New York Times – Michael LaForgia and Steve Eder | Published: 5/6/2017
For local officials in Palm Beach County, it was one thing to spar with Donald Trump, the developer, over issues with his private club, Mar-a-Lago. But dealing with President Trump is another matter entirely. Since he was elected, local officials have quickly granted Trump’s club permission to build a concrete helipad, allowed it to host a charity event for the Navy SEAL Foundation featuring a staged shootout between some commandos and pretend terrorists, and agreed to assume the costs, for now at least, of closing roads and providing additional security. Behind every decision was a balancing act between a desire to best serve constituents and a political instinct not to anger the nation’s chief executive.
Illinois – Ethics Board Rejects Watchdog Recommendation That City Officials Report Lobbying
Chicago Tribune – Hal Dardick | Published: 5/9/2017
Chicago’s reinvigorated Board of Ethics has been flexing its muscle against lobbyists who emailed Mayor Rahm Emanuel on the mayor’s private accounts and failed either to register or report their lobbying activities. But the hefty fines are apparently not enough to satisfy city Inspector General Joe Ferguson. The law puts the onus on lobbyists, not city officials, to report contact. Last year, the inspector general’s office recommended making changes to improve compliance with the law, including the possibility of having city officials report lobbying interactions. The inspector general’s office released a follow-up report recently in which it said the ethics board rejected that recommendation.
Missouri – Judge Strikes Parts of Missouri Campaign Finance Law
Courthouse News Service – Dionne Cordell-Whitney | Published: 5/10/2017
Parts of Missouri’s new campaign finance law are unconstitutional, but the $2,600 individual donor limit will stay, U.S. District Court Judge Ortrie Smith ruled. But in striking down a provision in the law that banned committee-to-committee transfers, it has opened up the ability to raise an unlimited amount of money through a local PAC and transfer that cash to a different PAC. Critics say that will make campaign money harder to track and makes it easier for candidates to get around the individual donor limit.
New Hampshire – Lawmaker Behind Misogynistic Forum: ‘I’ve never hated women’
U.S. News & World Report – Kathleen Ronayne (Associated Press) | Published: 5/9/2017
About a dozen state representatives and voters urged lawmakers to take action against New Hampshire Rep. Robert Fisher, warning that his involvement in a misogynistic online forum feeds into a derogatory culture toward women and may promote abuse. Fisher has been under fire since it was reported he was behind a men’s rights forum known for its comments degrading women, questioning female intelligence, and denying rape. Fisher said he does not “hate women” and denied a new report that he still oversees the Reddit forum, known as “The Red Pill.”
New York – Murky Definitions for Government Entities Undermines Transparency
Gotham Gazette – Rachel Silberstein | Published: 5/3/2017
There is a multitude of quasi-governmental entities that exist in grey area of New York law, and how to classify these entities has been the subject of some debate. A rudimentary search pulled up at least a dozen different definitions for “state agency” and “local agency” in state law. While some rely to some degree on government funding, have board members appointed by city or state officials, and may serve a public function, as independent 501(c)(3) nonprofits, one could argue these entities do not qualify as a public authority or public benefit corporation. But like more typical government agencies, they are subject to Freedom of Information Laws. Government reformers say this ever-morphing patchwork of definitions only serves to confuse the public and obscure conflicts of interests, rather than increase transparency.
Ohio – Nelson Mullins Partner Settles with SEC in Pay-to-Play Suit
American Lawyer – Scott Flaherty | Published: 5/3/2017
Robert Crowe agreed to settle civil allegations brought by federal regulators in a “pay-to-play” scheme involving State Street Bank. Crowe was a lobbyist for Boston-based State Street when he became embroiled in the scheme of a former State Street employee to raise campaign contributions for a deputy treasurer in Ohio. The former employee had made a deal to provide campaign funding in exchange for business contracts for State Street, the Securities and Exchange Commission (SEC) alleged. Crowe allegedly filtered $16,000 through his personal bank account to reimburse others for making contributions to the deputy treasurer. Without admitting or denying the allegations, Crowe agreed to a federal judge’s order to pay nearly $95,000 in penalties.
Washington – Seattle Mayor Ed Murray Won’t Seek Second Term: ‘It tears me to pieces to step away’
Seattle Times – Daniel Beekman | Published: 5/9/2017
Seattle Mayor Ed Murray said he will not run for re-election, as he fights claims he sexually abused teenage boys in the 1980s. Murray, who was expected to win the upcoming mayoral race, dropped out days before the official filing deadline. In April, a man filed a lawsuit accusing Murray of sexually abusing him in 1986, when he was a homeless 15-year-old boy. Three other men have since come forward to accuse Murray of abuse, including paying for sex with them while they were minors. Murray said the allegations against him “are not true. The scandal surrounding them hurts me and this city.”
West Virginia – W. Va. Reporter Arrested for ‘Yelling Questions’ at HHS Secretary
USA Today – Doug Stanglin | Published: 5/9/2017
Tom Price during his visit to West Virginia. The exchange came as Price and senior white House aide KellyAnne Conway visited the Capitol to learn about efforts to fight opioid addiction in a state that has the nation’s highest overdose death rate. A criminal complaint says Daniel Heyman was yelling questions at the two. It says he tried to breach Secret Service security and had to be removed from a hallway at the Capitol. He was charged with willful disruption of governmental processes. Heyman, who works for Public News Service, said he was arrested after asking repeatedly whether domestic violence would be considered a pre-existing condition under the proposed health care overhaul. He said he believed he was doing nothing wrong.
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.
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