January 27, 2017 •
News You Can Use Digest – January 27, 2017
National: Angry Democrats Study the Tea Party’s Playbook New York Times – Jonathan Martin | Published: 1/23/2017 Eight years after Republicans united after a stinging electoral defeat to oppose President Barack Obama, Democrats are channeling an even deeper anxiety over President Trump into […]
National:
Angry Democrats Study the Tea Party’s Playbook
New York Times – Jonathan Martin | Published: 1/23/2017
Eight years after Republicans united after a stinging electoral defeat to oppose President Barack Obama, Democrats are channeling an even deeper anxiety over President Trump into a newfound burst of organizing. Party leaders, eyeing the recent huge protests and growing worries over the promised repeal of the Affordable Care Act, are hoping to recreate the mass movement that sprang up in 2009 and swept Republicans to power in the House and in governor’s races across the country – a tea party equivalent from the left.
Report Cites Growing Corruption, Sees Link with Rising Populism
Reuters – Andrea Shalal | Published: 1/25/2017
Those who turn to populist politicians that promise to upset the status quo and end corruption may only be feeding the problem, a watchdog group warned. Transparency International said in its annual Corruption Perceptions Index for 2016 that in countries with populist or autocratic leaders, “instead of tackling crony capitalism, those leaders usually install even worse forms of corrupt systems.”
Federal:
At Trump’s Mar-a-Lago, the Price for Joining the ‘Winter White House’ Has Doubled
Washington Post – Drew Harwell | Published: 1/25/2017
Mar-a-Lago, the Palm Beach resort owned by the Trump Organization, doubled its new-member fee to $200,000 following the election of Donald Trump as president. Mar-a-Lago has assumed a prized role in Trump’spresidency, rivaling Trump Tower as a focal point of his lifestyle and ambitions. The price jump was slammed by watchdogs, who have criticized Trump’ lack of separation between his private finances and public power. Asked if having Trump in the White House has meant greater interest in outsiders joining the club – including people who might want access to the president – Bernd Lembcke, the managing director of the club, said, “t enhances it.”
Companies Drafting Emergency Plans for Trump Tweets
The Hill – Megan Wilson and Melanie Zanona | Published: 1/19/2017
President Donald Trump has used social media to criticize American businesses, often for off-shoring jobs or manufacturing facilities, and many expect him to keep up the broadsides in the Oval Office. Being attacked by Trump is not only bad publicity but also it can also cause a sudden drop in a company’s stock price. Businesses that have yet to tangle with Trump are fearful they might be next, and have turned to consultants and lobbyists in Washington, D.C. to prepare for the possibility.
Lawmakers Admonish Ethics Official Over Tweets About Trump
Business Insider – Matthew Daley (Associated Press) | Published: 1/23/2017
Lawmakers from both parties admonished a federal ethics official who sent a series of tweets commenting on President Donald Trump’s potential conflicts-of-interest. Members of the House Oversight and Government Reform Committee said the tweets by Walter Shaub Jr., director of the Office of Government Ethics (OGE), were inappropriate and could compromise the agency’s objectivity. Committee Chairperson Jason Chaffetz called Shaub’s comments “highly unethical” and summoned him to a closed-door meeting. Chaffetz and committee Democrats also met with Shaub for more than an hour, an unusual meeting prompted by Republicans’ frustration with the ethics office and its operations, rather than Trump.
Liberal Watchdog Group Sues Trump, Alleging He Violated Constitutional Ban
Washington Post – David Fahrenthold and Jonathan O’Connell | Published: 1/23/2017
To fight what it called a “grave threat” to the country, a watchdog group filed a lawsuit alleging President Donald Trump is violating the Constitution by allowing his business to accept payments from foreign governments. The lawsuit claims Trump is violating a clause in the Constitution that prohibits him from receiving money from diplomats for stays at his hotels or foreign governments for leases of office space in his buildings. The language in the clause is disputed by legal experts, and some think the suit will fail, but it signaled the start of a legal assault by Trump critics on what they see as unprecedented conflicts between his business and the presidency.
Trump’s Flashy Executive Actions Could Run Aground
Politico – Isaac Arnsdorf, Josh Dawsey, and Seung Min Kim | Published: 1/25/2017
The breakneck pace of President Donald Trump’s executive orders might please his supporters, but critics are questioning whether the documents are being rushed through without the necessary review from agency experts and lawmakers who will bear the burden of actually carrying them out. People familiar with Trump’s planning say he wanted daily events to show supporters he would follow through on his campaign agenda, but the process is playing out chaotically. Inside the West Wing, it is almost impossible for some aides to know what is in the executive orders, staffers say. They have been written by Stephen Miller, the senior adviser for policy, and Steve Bannon, Trump’s chief strategist, according to people familiar with the matter. By contrast, the Obama White House ran executive orders through a painstaking process of soliciting feedback from agencies and briefing lawmakers.
We Rely on the Government for Lots of Data. What Happens to That in the Era of ‘Alternative Facts’?
Washington Post – Mark Berman | Published: 1/23/2017
For wary journalists, it seemed only a matter of time before Donald Trump’s presidency would lead to a standoff between his administration and the news media. On the first weekend of the administration, Trump declared himself in “a running war with the media” and the president’s press secretary, Sean Spicer, used his first appearance on the White House podium to deliver a fiery jeremiad against the press. Worse, many journalists said, were the falsehoods that sprang from the lips of both Trump and Spicer. False statements, lies, and evasions are not unique to any one politician or political operative, nor are they the province solely of those who work in politics. But they take on an unmistakably different tenor when delivered with the imprimatur of the federal government, something that remains true even given the times government agencies and officials have been dishonest with the American people.
From the States and Municipalities:
Alaska – As Clock Ticked Toward Session, Alaska Lawmakers Turned to Lobbyists for Cash
Alaska Dispatch News – Nathaniel Herz | Published: 1/22/2017
While state law prohibits Alaska lawmakers from collecting campaign money during the legislative session, fundraisers held on the eve of the session have long been a tradition in Juneau. Lobbyists are banned from donating directly to legislative candidates, except those seeking to represent the lobbyist’s own House or Senate district. But they can give thousands of dollars at the pre-session events, which technically raise money for party committees, not lawmakers’ campaigns, though the parties often distribute cash to the campaigns of individual legislators.
Colorado – Colorado Ethics Commission Tells Aurora Councilwoman to Follow State Ethics Rules Because of Job
Denver Post – Jon Murray | Published: 1/23/2017
The Colorado Independent Ethics Commission said a state employee who also serves as an Aurora City Council member should follow Amendment 41 rather than her city’s less-stringent gift rules. Councilperson Angela Lawson works by day as the lobbyist program manager in the secretary of state’s office. She has been waiting more than a year for an advisory opinion following her election in November 2015. The request was delayed after the commission decided first to sort out how to approach home-rule cities that have their own ethics codes and do not follow the state’s Amendment 41, passed by voters in 2006. The ethics panel issued a recent position statement on the issue sparking outcry from the Colorado Municipal League and local government attorneys.
Florida – Lee Clerk Wants Audit of County Lobby Logs
The News-Press – Patricia Borns | Published: 1/24/2017
Clerk of Court Linda Doggett plans to audit Lee County commissioners’ logs to find out if they and their staff are being transparent about their conversations with lobbyists. A media investigation of Commissioner Larry Kiker’s lobby logs found discrepancies between his calendars, emails, and text messages showing meetings and phone calls with paid and unpaid lobbyists were not always noted. A second investigation, after Kiker cleaned up the lobby log, showed the problem persisted.
New Mexico – Loophole Cuts Lobbyist Spending Reporting
New Mexico In Depth – Sandra Fish | Published: 1/19/2017
New Mexico Lobbyists and their employers spent more than $595,000 on gifts, meals, and more for lawmakers and other public officials in 2016. But that number is likely tens of thousands of dollars too low because of a loophole created during the last legislative session. That loophole removed a requirement for lobbyists to report any expenses spent on individual lawmakers below a certain threshold. Previously, lobbyists had to report all spending, itemizing expenses spent above $75 per lawmaker and aggregating expenses below $75 per lawmaker. Now lobbyists do not have to report any spending below $100 per lawmaker. That took effect July 1, 2016.
South Dakota – South Dakota Legislators Seek Hasty Repeal of Ethics Law Voters Passed
New York Times – Monica Davey and Nicholas Confessore | Published: 1/25/2017
South Dakota voters approved a ballot measure last November that would create an independent state ethics commission, impose tougher limits on campaign contributions and lobbyists’ gifts to lawmakers, increase disclosure by independent political groups, and set up a system to publicly finance elections. But the state’s Republican Legislature is racing to set aside that new law by using its emergency powers, prompting cries of protest from voters and critics, who are calling the hasty efforts an antidemocratic power grab. In effect, they say, the state’s residents are being told their votes do not matter. Lawmakers demanding repeal say the ethics regulations are irretrievably flawed and include provisions that may be unconstitutional.
Texas – Once-Dead Ethics Reforms Could Curb Lobbying Tricks, Increase Disclosures and Punish Criminal Lawmakers
Dallas News – J. David McSwane | Published: 1/25/2017
Ethics reform bills have been introduced in the Texas Legislature. Sen. Van Taylor and Rep. Charlie Geren are each filing substantial bills in their chambers, along with smaller measures dedicated to specific ethics reforms outlined in the larger bills. That scattershot approach increases the likelihood that at least some of the new regulations will reach the governor’s desk. The reforms include lowering the dollar threshold for when lobbyists must report paying for meals or transportation for officials. Lobbyists would also be required to itemize the total bill paid on behalf of elected officials or their families. This closes a loophole that allows lobbyists to split large bar and restaurant tabs, among several lobbyists to avoid reporting thresholds.
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.
January 20, 2017 •
News You Can Use Digest – January 20, 2017
National: There Are Huge Holes in How the U.S. States Investigate Politicians’ Conflicts of Interest Washington Post – John Wihbey, Mike Beaudet, and Pedro Miguel Cruz | Published: 1/11/2017 Ethics and disclosure issues have been in the headlines […]
National:
There Are Huge Holes in How the U.S. States Investigate Politicians’ Conflicts of Interest
Washington Post – John Wihbey, Mike Beaudet, and Pedro Miguel Cruz | Published: 1/11/2017
Ethics and disclosure issues have been in the headlines lately as Donald Trump’s choices for Cabinet positions face Senate scrutiny. But what about state and local officials’ conflicts-of-interest? Researchers looked at what states require on their personal financial disclosure forms. Public officials and candidates for office must file these forms annually with ethics commissions or agencies in 47 states. The investigation found state requirements vary widely. When the forms were scored on fixed criteria, the researchers found that about 80 percent of states required little transparency, and few require enough to inform the public.
Federal:
After Trump Rebuke, Federal Ethics Chief Called to Testify Before House Lawmakers
Washington Post – Lisa Rein, Tom Hamburger, and Mike DeBonis | Published: 1/13/2017
A letter from U.S. Rep. Jason Chaffetz, chairperson of the House Oversight and Government Reform Committee, to Office of Government Ethics (OGE) Director Walter Shaub Jr. was viewed by many as a veiled threat to the OGE’s budget unless Shaub changes his rhetoric and approach. Shaub has questioned Donald Trump’s commitment to confront his potential conflicts-of-interest. In his letter, Chaffetz accused Shaub of “blurring the line between public relations and official ethics guidance,” and asked him to appear before lawmakers in a closed-door, transcribed interview. Ethics lawyers from both parties said the OGE plays an important role, and dismantling it or reducing its authority would be a blow to avoiding conflicts in a new administration and enforcing basic standards of ethics and transparency.
‘Kompromat’ and the Danger of Doubt and Confusion in a Democracy
New York Times – Amanda Taub | Published: 1/15/2017
Since the emergence of an unverified, salacious claims about Donald Trump, Americans have debated the ramifications of the arrival of “kompromat” as a feature of U.S. politics. The debates have often framed this practice as little more than a political form of blackmail, and one particular to Russia. In fact, kompromat is more than an individual piece of damaging information; it is a broader attempt to manufacture public cynicism and confusion in ways that target not just one individual but an entire society. And although this practice tends to be associated with Russia – the word kompromat is a portmanteau of the Russian words for “compromising” and “information” – it is a common feature of authoritarian and semi-authoritarian nations around the world.
The Trump Lobbying Purge That Wasn’t
Politico – Maggie Severns and Isaac Arnsdorf | Published: 1/18/2017
Despite Donald Trump’s efforts to keep lobbyists out of his administration, they have continued to offer policy advice, recommend job candidates, and contribute money to his transition team. And while they are barred from donating to the inaugural festivities, lobbyists have been collecting checks on Trump’s behalf. The loopholes in Trump’s restrictions are so widespread that many lobbyists said they have concluded his ethics rules are not really meant to change how business is done in Washington.
Trump’s Administration Will Regulate Trump’s Businesses, Raising Prospect of Conflicts
Washington Post – Rosalind Helderman, Drew Harwell, and Tom Hamburger | Published: 1/15/2017
When Donald Trump takes office, he will assume control of a federal bureaucracy with enormous power to bolster nearly every corner of his real estate, licensing, and merchandising empire, and enhance his personal fortune. Trump announced steps he and his lawyers said would provide adequate safeguards to separate his business from government. He said he will shift assets into a trust that will be managed by his sons. Providing few specifics, he promised no new foreign deals and said the company would adopt new internal systems to scrutinize potentially problematic domestic transactions. But Trump and his lawyers did not address how his administration will approach the range of regulatory actions and other decisions that could directly touch the business.
From the States and Municipalities:
California – State Watchdog Agency Investigating after Times Report on Political Donations
Los Angeles Times – Emily Alpert Reyes and David Zahniser | Published: 1/12/2017
The California Fair Political Practices Commission (FPPC) has launched an investigation into political contributions connected to the developer of a Harbor Gateway apartment project. The FPPC opened its probe after receiving a letter from a Los Angeles Times reader, who pointed to the newspaper’s investigation into donors with ties to Samuel Leung, developer of the Sea Breeze project. The Times reported that donors linked directly or indirectly to Leung gave more than $600,000 to support 11 Los Angeles-area politicians as Sea Breeze was being reviewed at City Hall. Several people who are listed as campaign contributors said they could not remember making those donations or denied doing so. Campaign finance experts said those responses raised questions about whether someone else had provided the money, a practice that would violate the law.
Colorado – Colorado Ethics Commission Puts Denver, Aurora and Other Cities on Notice in Turf Battle Over Gift Rules
Denver Post – Jon Murray | Published: 1/14/2017
The Colorado Independent Ethics Commission said it will consider hearing complaints against officials and employees if the panel finds their local ethics codes to be less restrictive than Amendment 41, which set a $50 gift limit (now $59) and banned even free drinks from lobbyists. That posture could affect Denver and more than 70 other home-rule cities and towns that were established by charters and have local ethics rules they view as sufficient to opt out of Amendment 41. Many of those lack similarly firm catch-all gift bans and set higher maximum values on allowed meals, event tickets and other things considered gifts – or do not set dollar limits at all.
Massachusetts – Could Lobbying Rules Have Saved Boston from Ill-Fated Grand Prix?
Boston Globe – Andrew Ryan | Published: 1/18/2017
After a year of no action and revelations about well-connected lobbyists pushing the Boston Grand Prix project forward, lobbying reform in the city is advancing. A member of Mayor Martin Walsh’s staff described the plan during a hearing of the city council committee hearing. For the first time, it would require lobbyists working to register and disclose where their payments come from, among other provisions. Failing to register could lead to daily fines.
Missouri – House Passes HB 60 to Limit Lobbyist Gifts
Missouri Times – Benjamin Peters | Published: 1/17/2017
The Missouri House passed a bill that sets a limit on lobbyist gifts to elected officials. House Bill 60 was approved by a vote of 149 to five. There are exceptions in the legislation. Lobbyists would be able to provide paid dinners to the entire General Assembly, providing they give a 72-hour notice and the meal is in Missouri. The bill now moves to the state Senate.
New Mexico – Leadership Shift Sparks Hope for Supporters of Campaign Finance Reform
New Mexio In Depth – Sandra Fish | Published: 1/15/2017
Critics say some provisions of New Mexico’s campaign finance law are unconstitutional and therefore unenforceable. Inconsistencies and loopholes in the statute make following the trail of money in politics difficult. And the law fails to acknowledge the recent rise of money flowing into campaigns from independent groups. But following years of attempting to update the campaign finance law, 2017 could be the year for reform, with a new secretary of state and new legislative leaders.
New Mexico – Will Independent Ethics Oversight Catch On in 2017?
New Mexico In Depth – Trip Jennings | Published: 1/16/2017
New Mexico lawmakers over the last decade have balked at creating an independent ethics commission even as a parade of elected and appointed public officials stood accused of corruption and, in some cases, were convicted of crimes. Viki Harrison, executive director of Common Cause New Mexico and a perennial supporter of ethics legislation, came up with an analogy: “Groundhog Day,” a movie in which the main character is forced to repeat the same day over and over again. Harrison hopes the 2017 legislative session will break the cycle, and on the surface the odds in Santa Fe appear favorable.
North Dakota – How a Mother-in-Law Inspired a Bill to Protect Drivers
Washington Post – Cleve Wootson Jr. | Published: 1/17/2017
Proposed legislation in North Dakota would protect some drivers from the legal consequences of running over a pedestrian protester. Rep. Keith Kempenich said his bill is a response to demonstrators blocking a highway as part of a protest over the proposed North Dakota Access pipeline. It is part of a slew of legislative measures that Republican lawmakers have written to combat the protests they say have disrupted life in and around the Standing Rock Sioux Indian Reservation. “This bill puts the onus on somebody who’s made a conscious decision to put themselves in harm’s way; you can protest all you want, but you can’t protest up on a roadway – it’s dangerous for everybody,” said Kempenich.
Pennsylvania – DA Williams Fined $62,0000 for Ethics Violations
Philadelphia Inquirer – Claudia Vargas | Published: 1/17/2017
Philadelphia District Attorney Seth Williams must pay $62,000 in fines for failing to disclose gifts and source of income, according to a settlement approved by the city’s Board of Ethics. The penalty is the largest imposed by the board in its 10-year history. The agreement also requires Williams to pay another $2,840, the value of the prohibited gifts he accepted. In August, Williams amended his statements of financial interests for 2010 to 2015, listing $160,050 in previously unreported gifts, including home repairs, airfare, and lodgings for vacations, cash, and gift cards, and Philadelphia Eagles sideline passes.
Tennessee – House Lawmakers Must Disclose Political Junkets
The Tennessean – Joel Ebert | Published: 1/12/2017
The Tennessee House adopted a new ethics rule that requires lawmakers to disclose any expense-paid travel out of the state that is valued at more than $100. The Legislature has long posted the costs of state-paid travel on its website, but trips paid for by private parties did not have to be publicly disclosed. The change follows reports by The Tennessean about a five-day “”act finding” mission to Europe paid by a Republican donor about what he calls the dangers of radical Islam, and two trips for lawmakers paid for by school voucher advocates. Those trips did not have to be reported because they were not paid for by lobbyists.
Virginia – Lengthy New Ethics Bill Targets Redskin Tickets Loophole
The Daily Press – Travis Fain | Published: 1/16/2017
The General Assembly will tinker with Virginia’s ethics laws for the fourth year in a row, zeroing in, among other things, on a loophole that lets officials accept free football tickets. The bills also include a long list of other tweaks, many meant to simplify the implementation of reforms that lawmakers first passed in 2014 as a response to former Gov. Bob McDonnell’s gift scandal. One change would exempt meals provided by non-profits at conferences from the state’s $100 gift limit. Another would clarify that legitimate birthday gifts from personal friends do not violate the cap, even if that friend is a lobbyist.
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.
January 13, 2017 •
News You Can Use Digest – January 13, 2017
National: Russian Hackers Find Ready Bullhorns in the Media New York Times – Max Fisher | Published: 1/8/2017 Reporters have always relied on sources who provide critical information for self-interested reasons. The duty is to publicize information that serves the public interest without […]
National:
Russian Hackers Find Ready Bullhorns in the Media
New York Times – Max Fisher | Published: 1/8/2017
Reporters have always relied on sources who provide critical information for self-interested reasons. The duty is to publicize information that serves the public interest without falling prey to the source’s agenda. But in 2016, the source was Russia’s military intelligence agency – operating through shadowy fronts who worked to mask that fact – and its agenda was to undermine the American presidential election. By releasing documents that would tarnish Hillary Clinton and other U.S. political figures, but whose news value compelled coverage, Moscow exploited the very openness that is the basis of a free press.
Federal:
DOJ Watchdog Opens Review of Comey’s Clinton Email Investigation
Politico – Josh Gerstein | Published: 1/12/2017
The Justice Department’s internal watchdog will investigate FBI Director James Comey’s decision to publicly release information about the bureau’s investigation into Hillary Clinton’s handling of classified material. The inquiry by the department’s inspector general will focus on whether “policies or procedures were not followed” when Comey held a July 5 news conference to discuss the case, and when he sent letters to Congress just before the election that disclosed his agents were reviewing newly discovered emails pertinent to the Clinton case. Some in Clinton’s campaign blamed Comey’s actions for halting her momentum shortly before the election and helping in Donald Trump’s presidential victory.
How a Sensational, Unverified Dossier Became a Crisis for Donald Trump
New York Times – Scott Shane, Nicholas Confessore, and Matthew Rosenberg | Published: 1/11/2017
As they prepared to brief President Obama and President-elect Donald Trump on Russian interference in the 2016 election, U.S. intelligence officials decided to mention the salacious allegations that Moscow had compromising information on the incoming president. That triggered coverage of allegations that news organizations had tried to run down for months but could find no basis for publishing until they were summarized and included alongside a classified report assembled by the nation’s intelligence services. Parts of the story remain out of reach – most critically the basic question of how much, if anything, in the dossier is true. But it is possible to piece together a rough narrative of what led to the current crisis, including lingering questions about the ties binding Trump and his team to Russia.
Trump Won’t Drop Business Ties
Politico – Josh Dawsey and Darren Samuelsohn | Published: 1/11/2017
Donald Trump, insisting he will not divest himself of his vast business empire as he prepares to assume the presidency, plans instead to turn over all of his business operations to a trust controlled by his two oldest sons and a longtime associate. He will donate to the U.S. government all profits from foreign government payments to his hotels. The Trump Organization will also refrain from entering into any new deals with foreign partners, backing off from an earlier claim by Trump that his company would have “no new deals” of any kind during his presidency. The business will have to clear any new transactions with an ethics adviser. The moves fell short of the recommendations of ethics experts who have said the only way for Trump to genuinely eliminate potential conflicts is to place all his real estate holdings and other ventures in a blind trust over which neither he nor his family has any control.
From the States and Municipalities:
California – How This Former Aspiring Screenwriter Became One of California’s Campaign Finance Experts After Losing His Day Job
Los Angeles Times – Christine Mai-Duc | Published: 1/9/2017
Three years ago, Rob Pyers was as far away from politics as one could imagine: a college dropout who had been laid off from his job, binge-watching Netflix to pass the time. Today, from his one-bedroom apartment in West Hollywood, Pyers anchors one of the most trusted compendiums on state politics and is becoming the ultimate insider in the often-opaque world of campaign finance. His passion for organizing massive amounts of data has transformed the California Target Book and made his Twitter feed a go-to resource for some of Sacramento’s top operatives.
California – L.A. Politicians Propose Banning Campaign Contributions from Developers
Los Angeles Times – David Zahniser and Emily Alpert Reyes | Published: 1/10/2017
A group of Los Angeles City Council members proposed banning contributions to council campaigns from developers with projects currently or recently before the city. The motion also would consider whether to expand the city’s definition of developer to include building contractors and subcontractors, and whether to increase the enforcement staff at the city Ethics Commission to ensure more frequent audits and inspections. With the council approval of the motion, it is now up to the ethics panel and other city staff to craft implementing ordinances to bring back to the council in coming months.
Colorado – Denver Council Approves Gift-Report Rules That Require More Frequency, Better Access
Denver Post – Jon Murray | Published: 1/9/2017
The Denver City Council voted in favor of requiring more frequent reporting, more detail, and easier-to-access records of the meals, tickets, and most other gifts they receive from donors with a city interest. The new rules replace a system of annual reporting in which those gifts and other financial disclosures were not viewable by the public until seven months after the end of the reporting period, and could be obtained only by visiting the clerk’s office and paying for copies. The ordinance was one of three ethics measures considered by the council in recent months. It approved another proposal that will make lobbyists’ registrations and bimonthly reports of spending on city lobbying activities available online.
Connecticut – CT’s Largest Lobbying Firms Led by Women
HartfordBusiness.com – Patricia Daddona | Published: 1/9/2017
Paddi LeShane is an equal partner with Patrick Sullivan running Connecticut’s third largest lobbying firm – Sullivan & LeShane Inc. – with 47 registered clients. But she is not the only high-profile woman lobbyist running her own shop. In a profession long-dominated by men, women operate three of the five largest lobbying firms in Connecticut, based on number of registered clients, and their presence at the Capitol is growing. In fact, women lobbyists are far from an anomaly in the government relations field these days, industry experts say.
Kentucky – Report: Beshear officials shook down 16 workers
Louisville Courier-Journal – Tom Loftus | Published: 1/11/2017
Kentucky Gov. Matt Bevin’s investigation of former Gov. Steve Beshear’s administration has found state employees were solicited for campaign contributions both during and after working hours. The investigators interviewed 16 non-merit employees from six departments in the Beshear administration. Witnesses said “virtually all non-merit employees” in the executive branch were expected to make a financial contribution, according to the report. Kentucky law forbids specifically targeting state employees for campaign donations, unless the solicitation is part of a larger plan that includes non-state employees.
Maryland – Federal Bribery Charges Filed over Prince George’s County Liquor Licenses
Washington Post – Lynh Bui, Ann Marimow, and Arelis Hernandez | Published: 1/5/2017
Federal investigators disclosed that two Maryland lawmakers, one now out of office, are targets of a public corruption probe and expected to be charged in a bribery scheme that already has resulted in charges against two Prince George’s County liquor board officials and two business owners. The two lawmakers were unnamed in federal affidavits that outlined a bribery conspiracy in which officials were paid for favorable liquor license actions. Among those charged were David Dae Sok Son, the liquor agency’s administrator. Son solicited and facilitated bribes ranging from $1,000 to $5,000 from lobbyists and business owners, according to prosecutors. It is alleged that Son facilitated payments to an elected official for help moving a business to the county and grants the official controlled.
Massachusetts – City Hall Promised Lobbying Reform. Nothing Happened.
Boston Globe – Mark Arsenault and Andrew Ryan | Published: 1/9/2017
A year after Boston Mayor Martin Walsh promised that regulations governing municipal lobbyists would be a priority, no plan has been approved. Since February, the initiative has sat untouched in a city council committee without a hearing. Wash and council leaders may have said they supported new lobbying rules, but it appears none of them made an effective effort to follow through. That means corporations and interest groups continue to employ lobbyists to quietly influence city government with practically no public scrutiny.
Missouri – Missouri Attorney General Josh Hawley Announces New Ethics Policy
Kansas City Star – Jason Hancock | Published: 1/10/2017
Missouri Attorney General Josh Hawley banned his employees from accepting gifts from lobbyists. Hawley also will not accept campaign contributions from anyone who has a pending bid or application for state contract on which the attorney general’s office has decision-making authority. The new ethics policy comes one day after Gov. Eric Greitens signed an executive order banning state workers in the executive branch from accepting lobbyist gifts. It is unclear whether Greitens’ order is actually enforceable.
New York – AG Will Hold Off on Enforcing Parts of Lobbying Disclosure Law
Albany Times Union – Chris Bragg | Published: 1/12/2017
New York Attorney General Eric Schneiderman will not enforce certain parts of a new state ethics law requiring charitable organizations that give money to lobbying campaigns to disclose more of their donors while a federal lawsuit moves through the courts. One provision that is affected would require 501(C)3 charities to report their sources of funding when the group makes an in kind contribution or donation in excess of $2,500 to a 501(c)(4). The other provision mandates 501(c)(4) groups that spend more than $10,000 a year on any public policy communications report the name and address of donors who give $1,000 or more.
Pennsylvania – Calls Turn Developers into Donors for Peduto
Pittsburgh Post-Gazette – Rich Lord | Published: 1/8/2017
Pittsburgh Mayor Bill Peduto is making a bid for a second term, with no announced challenger. Like incumbents past, he has filled a campaign account in part by collecting from people who do business with the city. Pittsburgh’s top development official has asked developers to contribute to Peduto’s campaign, in a series of calls the administration contends were devoid of deal-making, but which others said are at odds with the spirit of reform the mayor once championed.
South Carolina – Merrill Indictment Casts Pall Over Opening of SC Legislature
The State – Avery Wilks | Published: 1/9/2017
As the South Carolina Legislature reconvenes, the top issues will include fixing the state’s roads and addressing an underfunded pension system. But a corruption investigation will cast a pall over the proceedings, raising a host of other issues. Two indictments during the past month mean the Republican-controlled Legislature will start its session without a pair of GOP legislators. Rep. Chris Corley was suspended after he was indicted on criminal domestic abuse charges. Rep. Jim Merrill was suspended after he was indicted on charges of using his public office to pocket at least $1.3 million from outside interest groups. Watchdogs say the behavior alleged in Merrill’s indictment is not all that unique at the statehouse and more indictments could be on the way.
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.
January 6, 2017 •
News You Can Use Digest – January 6, 2017
National: One Person, One Algorithm, One Vote: Campaigns are doing more with data, for better or worse Capital Times – Katelyn Farrell | Published: 1/3/2017 After an election where political campaigns were blamed or credited for relying on voter data to an unprecedented […]
National:
One Person, One Algorithm, One Vote: Campaigns are doing more with data, for better or worse
Capital Times – Katelyn Farrell | Published: 1/3/2017
After an election where political campaigns were blamed or credited for relying on voter data to an unprecedented degree, Young Mie Kim, a professor and researcher at the University of Wisconsin’s School of Journalism and Mass Communication, is studying how campaigns used that data across the country. Much like how businesses market products, political campaigns are increasingly focusing on sophisticated data-driven calculations, used to persuade voters and get them to the polls. Those predictions inform campaign strategy and often dictate how a candidate interacts with the electorate.
Federal:
House Republicans, Under Fire, Back Down on Gutting Ethics Office
New York Times – Eric Lipton and Matt Flegenheimer | Published: 1/3/2017
House Republicans abruptly withdrew a proposal to weaken an ethics watchdog in a rocky start to the new Congress. The 115th session had not even formally gaveled in before House leaders held an emergency meeting to discuss blowback against the GOP’s vote to eviscerate the independent the Office of Congressional Ethics (OCE). The reversal came hours after President-elect Donald Trump issued a series of tweets questioning the timing of the changes, which would put the OCE under oversight of the House Committee on Ethics. Even before Trump weighed in, a barrage of negative headlines and public outcry made it difficult for Republicans to stand by the measure.
House Votes to Require Disclosure of Presidential Library Donations
The Hill – Megan Wilson and Cristina Marcos | Published: 1/4/2017
The U.S. House passed a bill that would give the public a better view of donations going to presidential libraries. It is the fourth time since 2002 that the House has approved the bipartisan legislation, known as the Presidential Library Donation Reform Act. The bill has died in the Senate each time it has been introduced. The bill would require quarterly disclosure of donations to presidential libraries totaling $200 or more. While lobbyists and organizations that hire them must file semi-annual reports listing all political donations, which include any financial or in-kind gifts to presidential library nonprofits, those foundations are not required to disclose their donors. Lawmakers of both parties said letting the public know who is donating to outgoing presidents’ libraries would shine light on potential “pay-to-play” attempts.
Rep. Duncan Hunter’s Team Responds to Uproar Over Rabbit Expenses
Yahoo News – Michael Walsh | Published: 1/4/2017
U.S. Rep. Duncan Hunter spent $600 of his campaign funds in “cabin rabbit transport fees.” The pet travel was part of $62,000 in personal or not properly documented campaign expenses that Hunter has reimbursed his campaign for. The Office of Congressional Ethics (OCE) conducted a review of Hunter’s campaign spending last year. According to Hunter spokesperson Joe Kasper, there was “no intent” by Hunter to misuse campaign funds on personal matters. Hunter’s team intentionally floated the rabbit story to demonstrate how, from its perspective, the OCE has misconstrued simple mistakes as unethical conduct.
Trump and Julian Assange, an Unlikely Pair, Unite to Sow Hacking Doubts
New York Times – Scott Shane | Published: 1/4/2017
President-elect Donald Trump recently tweeted praise for a man most Republicans wanted nothing to do with – Julian Assange, the founder of WikiLeaks. It was not the first time Trump had praised WikiLeaks. During his campaign for president, he highlighted emails stolen from the Democratic National Committee and Hillary Clinton’s campaign. Since then, Trump has continued praising the radical transparency group, harshly criticized by President Obama and other officials for what they describe as damaging national security leaks. And Trump has been in sync with conservative media, once critical of WikiLeaks, which increasingly embraces Assange as a hero.
Trump to Face Sworn Deposition in Coming Days
Politico – Josh Gerstein | Published: 1/5/2017
With President-elect Donald Trump’s swearing-in fast approaching, many of the high-profile lawsuits that entangled him during the campaign are all but certain to carry on through his inauguration and into his tenure at the White House, and he will even inherit some new ones. Trump and his companies face scores of pending lawsuits, including cases claiming skimming of tips at his New York SoHo hotel, seeking refunds of millions of dollars in membership fees charged by his country club in Jupiter, Florida, and alleging his security personnel assaulted protesters outside Trump Tower. And in a bizarre twist, Trump’s Justice Department will find itself defending against a slew of lawsuits relating to Hillary Clinton’s use of a private email server while she was secretary of state.
From the States and Municipalities:
Alabama – Governor Bentley Has Former Rep. Terry Spicer Removed from State Job
Dothan Eagle; Staff – | Published: 1/4/2017
Alabama Gov. Robert Bentley says a former state representative, who pleaded guilty to bribing a lobbyist, will no longer work at a state liquor store. Bentley said he told his chief of staff to advise the Alcohol Beverage Control Board that former Rep. Terry Spicer will not be employed. Spicer pleaded guilty in 2011 to taking cash and a ski vacation from a lobbyist. Spicer, a former school superintendent and community college employee, needs more time in state employment to draw his pension.
Arkansas – Arkansas State Legislator Neal Pleads Guilty in Kickbacks Scheme
Arkansas Online – Doug Thompson | Published: 1/5/2017
Arkansas Rep. Micah Neal pleaded guilty to directing state funds to two nonprofit organizations in exchange for kickbacks. As part of his plea, Neal admitted that between January 2013 and January 2015, while serving in the House, he conspired with a state senator to use their official positions to appropriate budget surplus funds, known as General Improvement Fund money, to two nonprofit organizations in exchange for bribes. The unnamed state senator involved is described in court documents as serving “in the Arkansas Senate from 2013 to the present. Prior to his service in the Arkansas Senate, Senator ‘A’ serves as a representative in the Arkansas House of Representative from 2007 to 2012.” Four members of the state Senate have political careers that fit that description.
California – Political Donations Flow as Rick Caruso Seeks Approval for a 20-Story Tower Near the Beverly Center
Los Angeles Times – David Zahniser | Published: 12/28/2016
Real estate developer Rick Caruso has been a reliable benefactor at Los Angeles City Hall, giving big donations to the city’s politicians and their pet causes. Now, Caruso wants the mayor and city council to approve a 20-story residential tower on a site where new buildings are currently limited to a height of 45 feet. Opponents of the project view Caruso’s political contributions with alarm, saying the steady stream of money has undermined their confidence in the city’s planning process.
Florida – Ron Book Is Big Winner in Local Government Lobbying Contracts
Miami Herald – Steve Bousquet | Published: 1/3/2017
The Florida House is now posting copies of contracts between lobbyists and local governments online and nearly half of the first set of contracts posted are with Ron Book, who has been a fixture in the halls of the Capitol for four decades and has built local government lobbying work into a cottage industry in the state. Lobbyists hired to represent local governments often get unparalleled access to the powerful because they make campaign contributions, which cities and counties cannot do.
Indiana – State Senator Introduces Ethics Bill to Ban All Gifts from Lobbyists
WTHR – Bob Segall | Published: 1/3/2017
Indiana Sen. Mike introduced a bill that would make it illegal for lawmakers to accept a gift from a lobbyist. Gifts prohibited by the proposed legislation would include anything that has value, such as tickets to athletic events, and anything that may be classified as entertainment. The bill would also require lobbyists to keep a public log of all communication with lawmakers, and lobbyists would have to update those logs frequently. Texts and emails between lobbyists and state lawmakers would for the first time become public records.
Missouri – Missouri Campaign Contribution Limits Remain in Place After Latest Hearing
St. Louis Post-Dispatch – Kurt Erickson | Published: 12/29/2016
In a federal court hearing, opponents of a new Missouri law limiting campaign contributions withdrew a request to block the caps. U.S. District Court Judge Catherine Perry said she wants to first hear arguments about the merits and pitfalls of the new limits before deciding whether to place a temporary hold on the caps while the lawsuit moves through the legal system. Under the change to the state constitution, Missouri voters capped donations to individual candidates at $2,600 per election. Maximum contributions to a political party would be set at $25,000.
Montana – Montana Fails to Retain Decades of Emails Despite Open Government Law
The Missoulian – Jayme Fraser | Published: 1/2/2017
The state archives are supposed to be the final destination for the most important records about Montana government and how leaders made their decisions. Experts say the fact that no emails are saved there is a sign something is wrong. They describe a two-pronged problem: agencies are deleting emails too soon and the archives do not have the storage or equipment to accept them. As a result, Montanans have lost decades of public information. Retention decisions are made by individual state agencies, and few of them have preserved emails consistently, if at all.
New York – Why Developers of Manhattan Luxury Towers Give Millions to Upstate Candidates
ProPublica.org – Cezary Podkul and Derek Kravitz (ProPublica), and Will Parker (The Real Deal) | Published: 12/30/2016
ProPublica and The Real Deal mapped contributions from limited liability companies and individuals tied to the 60 biggest developers of New York City rental properties receiving a lucrative state subsidy. While it has long been known that developers donate a lot of money to state elections, the analysis shows for the first time just how tactical the industry is about bankrolling candidates across the state that are friendly to its cause. The state oversees New York City’s system of capping rent increases, known as rent stabilization. By influencing state elections, developers have undermined rent stabilization and preserved a key tax break that saves them far more money than they spend on political campaigns.
South Carolina – South Carolina’s Pending Ethics Commission Isn’t All That Independent, Experts Say
Charleston Post and Courier – Maya Prabhu | Published: 1/3/2017
South Carolina lawmakers voted last year to create an eight-member Ethics Commission that will be appointed by April 1. While outside groups applauded the move in the wake of scandals in the state, others cautioned there is still room for politics to creep in. Many give South Carolina credit for taking a step, however small, toward having its suspect lawmakers investigated by a separate entity when accused of wrongdoing.
Tennessee – Attorney General Says Political Fundraisers at TN Governor’s Mansion, State Property Legal
Chattanooga Times Free Press – Andy Sher | Published: 1/5/2017
Holding campaign fundraisers at the governor’s mansion and other state property is legal, said an opinion issued by Tennessee Attorney General Herbert Slatery. In an unrelated opinion, Slatery said social media accounts that are created and maintained by a municipality can be a matter of public record.
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.
December 30, 2016 •
News You Can Use Digest – December 30, 2016
National: When One Party Has the Governor’s Mansion and the Other Has the Statehouse New York Times – Trip Gabriel | Published: 12/26/2016 Governors outgunned by veto-proof majorities in their Legislatures have successfully used the bully pulpit of their office, going over the […]
National:
When One Party Has the Governor’s Mansion and the Other Has the Statehouse
New York Times – Trip Gabriel | Published: 12/26/2016
Governors outgunned by veto-proof majorities in their Legislatures have successfully used the bully pulpit of their office, going over the heads of part-time lawmakers to directly appeal to citizens. Other times, governors have profited from a basic law of politics: they are usually more popular than legislative bodies, whose job favorability is little higher than that of perpetrators of Ponzi schemes. And governors in control of the bureaucracy of the executive branch have found that, like President Obama in the face of congressional obstruction, they can pull the levers of executive action to advance an agenda.
Wielding Claims of ‘Fake News,’ Conservatives Take Aim at Mainstream Media
New York Times – Jeremy Peters | Published: 12/25/2016
Until now, the term “fake news” had been understood to refer to fabricated news accounts that are meant to spread virally online. But conservative cable and radio personalities, top Republicans, and President-elect Donald Trump, incredulous about suggestions that fake stories may have helped swing the election, have appropriated the term and turned it against any news they see as hostile to their agenda. In defining “fake news” so broadly and seeking to dilute its meaning, they are capitalizing on the declining credibility of all purveyors of information. And conservatives, seeing an opening to undermine the mainstream media, a longtime foe, are more than happy to dig the hole deeper.
Federal:
Donald Trump Plans to Shut Down His Charitable Foundation, Which Has Been Under Scrutiny for Months
Washington Post – Mark Berman and David Fahrenthold | Published: 12/24/2016
President-elect Donald Trump announced he intends to dissolve his charitable foundation, his latest move aimed at settling ethical conflicts that have already dogged the incoming administration. The Donald J. Trump Foundation has come under scrutiny this year after a series of news reports detailing its practices, including cases in which Trump apparently used the charity’s money to settle lawsuits involving his for-profit businesses. New York’s attorney general has been investigating the charity after some of these reports, and a spokesperson for that office said the foundation could not officially shut down until that probe is over.
Inside the Trump Organization, the Company That Has Run Trump’s Big World
New York Times – Megan Twohey, Russ Buettner, and Steve Eder | Published: 12/25/2016
With entanglements around the world, many packaged in a network of licensing agreements and limited liability companies, the Trump Organization poses a raft of potential conflicts for a president-elect who has long exerted tight control over his business. Donald Trump, owner of all but the smallest sliver of the privately held company, has said while the law does not require it, he is formulating plans to remove himself from the company’s operations. But amid rising pressure, Trump and his advisers have been debating further steps. Yet an examination of the company underscores the challenges of taking Donald Trump out of the picture. His company is a distinctly family business fortified with longtime loyalists that operates less on standardized procedures and more on a culture of its leader.
Navy Repeatedly Dismissed Evidence That ‘Fat Leonard’ Was Cheating the 7th Fleet
Washington Post – Craig Whitlock | Published: 12/27/2016
The Navy allowed the worst corruption scandal in its history to fester for several years by dismissing evidence that a Singapore-based contractor, Leonard Francis, was cheating the service out of millions of dollars and bribing officers with alcohol, prostitutes, and lavish dinners. Staffers at U.S. Pacific Fleet headquarters were so worried about the potential for trouble that they drafted a new ethics policy to discourage Navy personnel from accepting favors from Francis. But their effort was blocked for more than two years by admirals who were friendly with the contractor. It took officials years to gather enough evidence to charge Francis and arrest him. He has pleaded guilty to defrauding the Navy of $35 million.
U.S. Punishes Russia for Election Hacking, Ejecting Operatives
New York Times – David Sanger | Published: 12/29/2016
The Obama administration announced new measures in retaliation for what officials have characterized as Russian interference in American elections, ordering the removal of 35 Russian government officials from the U.S. and sanctioning agencies and individuals tied to the hacks. The announcement culminates a debate over whether and how to respond to Russia’s unprecedented election-year provocations, ranging from the hacks of the Democratic National Committee to the targeting of state electoral systems. President-elect Donald Trump suggested the U.S. should drop its effort to retaliate against Russia, and cast doubt on intelligence agencies’ conclusion that Russia was behind the hacks.
From the States and Municipalities:
California
How to Influence the California Legislature? New Spending Details Revealed
Sacramento Bee – Taryn Luna and Jim Miller | Published: 12/28/2016
The third quarter of 2016, which included the end of the legislative session, was so important that companies, unions, trade associations, and other groups paid $84.4 million to lobby California officials on bills and regulations during the three-month period. Much as campaigns for candidates seek to win over voters, the disclosure filings underline the extent to which special-interest groups employ some of the same resources to make their cases to lawmakers and state officials. They also for the first time provide details about which political consultants, public-relations experts, advertising firms, and other non-lobbyist advocates are being paid to influence policy.
California
Santa Clara County Bosses Let Workers Take Toys Meant for Needy Kids
San Jose Mercury News – Ramona Girwagis | Published: 12/23/2016
Expensive toys intended as Christmas presents for poor children were handed out instead to dozens of Santa Clara County employees, and the county executive’s office says they do not need to return them. County employees walking to their cars from work saw the items being unloaded from trucks at the Santa Clara County building as part of a toy drive. County Executive Jeff Smith insisted that county employees who took the toys understood they needed to donate them to a nonprofit or church. But he could provide no documentation that workers were told to donate them. Smith acknowledged the county has no way of knowing whether the employees donated the gifts or kept them for themselves. “Had we realized that this was going on we probably would have organized it differently,” said Steve Preminger, a special assistant to Smith.
Florida
Shining a Light on Lobbyists, New Efforts to Curb Their Influence
Tallahassee Democrat – James Call | Published: 12/18/2016
It is a new era in Washington, D.C. and Tallahassee, and the winners of the November election are imposing new realities on how lobbyists can operate. New lobbyist-disclosure requirements approved by the Florida House aim to reveal how paid advocates and lawmakers interact behind the scenes. The rules place the lobbying corps in a delicate situation. They clearly target their product – influence – yet opposition would alienate House Speaker Richard Corcoran, the official with the ability to see that their bill, amendment, or request never gets heard. Lobbyists said they are figuring out how to navigate the new working conditions.
Missouri
With Greitens’ Blessing, Lawmakers Aim for Lobbyist-Gift Ban
Springfield News-Leader – Summer Ballentine (Associated Press) | Published: 12/25/2016
Maybe this year, with support from Gov.-elect Eric Greitens, Missouri lawmakers will be able to keep lobbyists from giving officeholders expensive dinners or concert tickets. If lawmakers fail to deliver in the 2017 session, it would break a campaign promise from Greitens, who largely focused on how he would tackle corruption in the Capitol, which in recent years has been marred by ethics scandals, and said such a ban is his first goal. It is also among the top priorities for House Speaker Todd Richardson, who said he was personally disappointed when an ethics bills did not pass last session.
New York
De Blasio Signs Measures Limiting Political Contributions
Newsday – Matthew Chayes | Published: 12/22/2016
New York City Mayor Bill de Blasio signed campaign finance reform legislation recently. Included in the bills are limits on contributions by donors with business before the city to elected officials’ political nonprofits, ostensibly aimed at a group like the mayor’s now-defunct Campaign for One New York. Other legislation eliminates public matching funds for contributions bundled by people doing business with the city, limits amounts donated for transition and inauguration activities, and changes eligibility requirements for certain activities like debates.
New York
JCOPE Settles with Firms Caught Up in Skelos, Silver Cases
Albany Times Union – Casey Seiler | Published: 12/28/2016
The New York Joint Commission on Public Ethics reached settlements over lobbying violations with companies involved in the corruption cases of former Senate Majority Leader Dean Skelos and ex-Assembly Speaker Sheldon Silver. Glenwood Management will pay a $200,000 fine and Administrators for the Professions will pay $70,000. Glenwood failed to disclose meetings and other lobbying activities before Skelos, and recommended to a company that it hire his son as a consultant. Glenwood also retained a law firm knowing a portion of the fees it paid would be shared with Silver. Administrators for the Professions admitted in the course of lobbying Skelos, it employed his son in an arrangement designed to curry favor with the senator.
New York
NYCLU, ACLU Sue New York Over Ethics Law
Albany Times Union – Chris Bragg | Published: 12/22/2016
A civil liberties group has joined in the call for a federal judge to strike down new donor-disclosure provisions in New York that allegedly stray from their anticorruption goals, hurting the protected speech rights of both nonprofits and donors. The new law mandates the public disclosure of all donors and contributions to a 501(c)(3) in excess of $2,500 whenever that organization makes an “in-kind donation” of over $2,500 to certain 501(c)(4)s engaged in lobbying activity. For 501(c)4 disclosure, the law lowers the threshold from $50,000 to $15,000 in annual lobbying spending. Unless the lawsuits succeed in getting an injunction, the first lobbying reports with the new disclosure requirements are due at the end of January.
Oklahoma
An Oklahoma Newspaper Endorsed Clinton. It Hasn’t Been Forgiven.
New York Times – Manny Fernandez | Published: 12/26/2016
The Enid News & Eagle, a red newspaper in a red county in what is arguably the reddest of states went blue this campaign season and endorsed Hillary Clinton for president. The editorial board wrote that Donald Trump lacked “the skills, experience or temperament to hold office.” It was the first Democratic endorsement for president in the modern history of the newspaper, which was founded in 1893. Enid was stunned, and this slow-paced agricultural town of 52,000 near the Kansas state line has not been the same since. Around the country, as newspapers big and small are struggling to keep subscribers, a handful of papers with conservative editorial boards made news by either endorsing Clinton or urging readers to back anybody but Trump.
South Carolina
Possibility of More S.C. Lawmakers Charged with Corruption Looms
Aiken Standard – Seanna Adcox (Associated Press) | Published: 12/24/2016
Following the 30-count indictment of a former state House majority leader, questions over who else may face corruption charges will loom over South Carolina’s 2017 legislative session. The misconduct and ethics charges against Rep. Jim Merrill, the first since former Speaker Bobby Harrell pleaded guilty and resigned more than two years ago, ended all speculation that lawmakers could breathe easy. And prosecutor David Pascoe made clear he is not done. “This is still an ongoing investigation,” Pascoe said in a recent statement.
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.
December 23, 2016 •
News You Can Use Digest – December 23, 2016
National: Suspected of Corruption at Home, Powerful Foreigners Find Refuge in U.S. Miami Herald – Kyra Gurney, Analji Tsui, David Iaconangelo, and Selena Cheng | Published: 12/9/2016 Wealthy politicians and businesspeople suspected of corruption in their native lands are fleeing to a safe […]
National:
Suspected of Corruption at Home, Powerful Foreigners Find Refuge in U.S.
Miami Herald – Kyra Gurney, Analji Tsui, David Iaconangelo, and Selena Cheng | Published: 12/9/2016
Wealthy politicians and businesspeople suspected of corruption in their native lands are fleeing to a safe haven where their wealth and influence shield them from arrest. They have entered this country on a variety of visas, including one designed to encourage investment. Some have applied for asylum, which is intended to protect people fleeing oppression and political persecution. The increasingly popular destination for people avoiding criminal charges is no pariah nation. It is the United States.
The Future of Campaign Finance Reform Is at The State and Local Level
Huffington Post – Paul Blumenthal | Published: 12/20/2016
Portland’s passage of an ordinance establishing public funding for campaigns came on the heels of similar victories in South Dakota and Missouri, as well as in Berkeley, California, and Howard County, Maryland. These successes showcase the broad bipartisan support across the country for campaign finance reform that boosts the power of small donors to counter the dominance of big money. These wins, while big in their own right, were supposed to be overshadowed by changes at the U.S. Supreme Court level. Donald Trump is likely to appoint someone whose thought process lines up with that of late Justice Antonin Scalia, meaning the five-vote majority that wrote Citizens United would maintain its power and campaign finance laws would continue to fall. So reformers rest their hopes where they can: at the state and local levels.
Federal:
Access to Donald Trump, for $500,000: Pitfalls for Presidents’ Families
New York Times – Eric Lipton | Published: 12/20/2016
The initial invitation from Donald Trump Jr. and Eric Trump dangled a rare opportunity for donors willing to give $500,000 and more: a private reception with the new president the day after his inauguration and a hunting or fishing excursion with one of the brothers. But after the details about the “camouflage & cufflinks”-themed fundraiser first leaked, a spokesperson for President-elect Donald Trump said neither he nor his adult sons were involved in plans for the event. The confusion over the family’s connection to the fundraiser showed the degree to which Trump has failed to set rules that would protect his family from allegations of influence-peddling or draw clear lines between himself and the interests of his children, who will take over management of his business empire, watchdog groups said.
Donald Trump Is Holding a Government Casting Call. He’s Seeking ‘The Look.’
Washington Post – Philip Rucker and Karen Tumulty | Published: 12/21/2016
The parade of potential job-seekers passing the media cameras at Trump Tower has the feel of a casting call. It is no coincidence that a disproportionate share of the names most mentioned for jobs at the upper echelon of the new administration are familiar faces to viewers of cable news. Given Donald Trump’s own background as a master brander who ran beauty pageants as a sideline, it was probably inevitable he would be looking beyond their résumés for a certain aesthetic in his supporting players. “You can come with somebody who is very much qualified for the job, but if they don’t look the part, they’re not going anywhere,” said a person familiar with the transition team’s deliberations.
Former Philadelphia Congressman Chaka Fattah Sentenced to 10 Years in Prison
Philadelphia Inquirer – Jeremy Roebuck | Published: 12/13/2016
Former U.S. Rep. Chaka Fattah, who was convicted in June of more than 20 counts corruption, was sentenced to 10 years in prison. Fattah repeatedly bribed others and stole campaign contributions, charitable donations, and federal grant money, prosecutors said. He will pay $614,000 in damages and will be supervised for three years after his release. Fattah’s son is serving a five-year prison sentence for defrauding Philadelphia banks and the IRS to cover gambling debts and other personal expenses.
From the States and Municipalities:
Alaska
New Alaska House Leaders Embrace Loophole to raise Campaign Cash from Lobbyists
Alaska Dispatch News – Nathaniel Herz | Published: 12/18/2016
Republican leaders of Alaska’s incoming House majority coalition are embracing a fundraising loophole that allows them to collect money from lobbyists, who are otherwise restricted from donating to legislators and candidates. House Democrats, who joined with the Republicans to form the majority coalition, have been some of the most vocal supporters of legislation to limit the flow of special-interest money into the state’s campaigns. But they are now collaborating with the fundraising efforts of their new GOP colleagues, Reps. Gabrielle LeDoux and Paul Seaton.
Colorado
Denver Officials Move Closer to Listing Their Gifts Online and Tightening Ethics Rules
Denver Post – Jon Murray | Published: 12/20/2016
Denver is moving closer to adopting ethics code reforms and revamping lobbyist and gift disclosure rules that will make it easier for citizens to see who is wooing officials with meals and tickets. Besides discussing a new dollar limit on event tickets from each donor with a city interest, the most significant proposed changes also may be the simplest: make elected and appointed officials’ gift disclosures available online, and do it more often, every six months instead of annually.
Louisiana
Lobbyists Spent Nearly Half a Million Dollars to Woo Louisiana Legislators in 2016
New Orleans Advocate – Elizabeth Crisp | Published: 12/18/2016
Nearly $500,000 has been spent entertaining state legislators this year, roughly $3,300 in lobbyist spending per lawmaker, as the Louisiana Legislature spent a record-setting 19 weeks in session sorting through the state’s fiscal woes. A review of disclosure data shows the $476,019.20 tab that lobbyists have run up in 2016 far outpaced the amount spent in any of the eight years since the state began requiring more detailed expenditure reporting. At least 593 registered lobbyists pushed for or against legislation as it made its way through the Capitol this year. “Every interest pretty much has a lobbyist in Baton Rouge,” said Pearson Cross, a political science professor at the University of Louisiana at Lafayette.
Massachusetts
Appeals Court Overturns Convictions in Probation Department Scandal
Boston Globe – Milton Valencia | Published: 12/19/2016
A U.S. appeals court judge overturned the convictions of three former Massachusetts Probation Department officials accused of running a rigged hiring scheme. Probation Commissioner John O’Brien and his deputies, Elizabeth Tavares and William Burke, were convicted in July 2014. Prosecutors said they hired employees based on political connections, not merit, then lied when they certified the hires were done correctly. Judge Juan Torruella in his ruling said O’Brien and others misran the department and made efforts to conceal the patronage hiring system. “But not all unappealing conduct is criminal,” Torruella wrote. He said the government did not adequately prove O’Brien accepted a gratuity since there was not sufficient linkage between O’Brien’s offering favored candidates a job and him getting a specific item of value in return.
New Jersey
Lawmakers’ Revolt Sinks Book Deal, Newspaper Bill
Bergen Record – Salvador Rizzo | Published: 12/19/2016
A book deal for New Jersey Gov. Chris Christie will have to wait. State lawmakers said they would not vote on a measure changing an ethics law that barred Christie from cashing in on a book deal while in office, at the same time giving millions of dollars in pay raises to lawmakers’ staff, judges, and other officials. The measure had buy-in from leaders in the Democrat-led Legislature and was on a fast track to the governor’s desk at the same time as a measure viewed by some as a vendetta by Christie against the state’s newspapers. But rank-and-file members all but revolted in closed-door meetings when faced with the book-deal legislation, and Assembly Speaker Vincent Prieto said a separate bill that would end the requirement that government legal notices be published in newspapers will be postponed until next year.
New York
De Blasio Is Fined $48,000 for Campaign Finance Violations
New York Times – J. David Goodman | Published: 12/15/2016
New York City Mayor Bill de Blasio has been fined almost $48,000 for violating spending rules during his 2013 mayoral campaign. The city council also passed a bill to limit the activities of outside nonprofit political groups, a measure aimed squarely at the Campaign for One New York, a nonprofit political group created by de Blasio and his aides that is at the center of state and federal inquiries into his fundraising.
New York
N.Y. Pay-to-Play Plot Fueled by Bribes, U.S. Says
Bloomberg.com – Bob Van Voris and Chris Dolmetsch | Published: 12/21/2016
A former official at the country’s third-largest pension fund and two broker-dealers were charged in what a federal prosecutor described as a classic bribery scheme. Navnoor King, the former head of the New York State Common Retirement Fund’s fixed income trades, received more than $100,000 worth of bribes from broker-dealers Deborah Kelley and Gregg Sconhorn, prosecutors said. Regulators found Kang steered about $2 billion in fixed-income trades to firms represented by Kelley and Schonhorn, resulting in millions of dollars in commissions. Prosecutors said in exchange, Kang received a $10,000 all-expenses-paid trip to Montreal, tickets to a Paul McCartney concert, a $17,420 Panerai wristwatch, dinners at upscale restaurants, prostitutes, and cocaine.
North Carolina
North Carolina Governor Signs Bill Limiting His Successor’s Power
Governing – Pat Jarvis (Raleigh News & Observer) | Published: 12/19/2016
North Carolina Gov. Pat McCrory signed bills that will limit the authority of his successors and reduce Democrats’ power over election regulation in the wake of two contentious special sessions. Senate Bill 4 would create a commission merging the current State Board of Elections, State Ethics Commission, and the lobbying-regulation functions of the secretary of state’s office. Protesters disrupted a House debate about the changes to election law, chanting and prompting House Speaker Tim Moore to order police to clear the public gallery.
South Carolina
Rep. Jim Merrill Indicted in S.C. Statehouse Probe; Suspended from Office
Charleston Post & Courier – Schuyler Kropf and Glenn Smith | Published: 12/15/2016
South Carolina Rep. Jim Merrill was indicted on 30 charges that accuse him of misconduct in office as far back as 2002 as well as a series of ethics violations. The indictment says Merrill illegally used his office to pocket at least $1.3 million, either directly or through his business, Geechie Communications. He also failed to disclose receiving payments of more $673,000 from trade, advocacy, and political groups in violation of state ethics law, according to the indictment. Crangle, head of South Carolina Common Cause, said he suspects as many as three or four more people are facing indictments.
South Carolina
Smarter Corruption: How Lost Trust evolved into ‘Capitol Gains’
Charleston Post & Courier – Tony Bartelme and Doug Pardue | Published: 12/17/2016
“Operation Lost Trust” in 1990 ended much of the overt vote selling that went on at the South Carolina Legislature. But the recent indictment of a powerful state lawmaker showed, prosecutors believe other forms of graft and influence-peddling have taken its place, schemes that are more difficult to pierce. Where cash once was transferred in brown bags and envelopes, prosecutors now say money moves through a murky system of legislative caucuses, PACs, campaign accounts, and private businesses – and enormous sums are at stake.
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.
December 9, 2016 •
News You Can Use Digest – December 9, 2016
National: Gun Control Advocates Find a Deep-Pocketed Ally in Big Law New York Times – Jessica Silver-Greenberg and Ben Protess | Published: 12/7/2016 On the defensive, gun control advocates are now quietly developing a plan to chip away at the gun lobby’s growing […]
National:
Gun Control Advocates Find a Deep-Pocketed Ally in Big Law
New York Times – Jessica Silver-Greenberg and Ben Protess | Published: 12/7/2016
On the defensive, gun control advocates are now quietly developing a plan to chip away at the gun lobby’s growing clout: team up with corporate law firms. Together, the firms are committing tens of millions of dollars in free legal services from top corporate lawyers who typically bill clients $1,000 an hour or more. Although law firms often donate time to individual causes, and some firms have worked on gun control on a piecemeal basis, the number and the prominence of the firms involved in the new coalition are unheard-of for modern-day big law. Rather than fighting the political headwinds, the coalition is focusing on courts and state regulatory agencies, among the few places where they might still gain some traction.
Ontario Overhauls Campaign Finance Rules with Sweeping Reforms
Toronto Globe and Mail – Adrian Morrow | Published: 12/1/2016
Legislation that alters the political fundraising landscape in Ontario was approved recently. The new law takes effect on January 1, 2017. It will prohibit all provincial politicians, candidates, and senior political staff from attending fundraising events, ban corporations and unions from giving, and cap donations from individuals at $3,600 per political party annually, among other provisions. The reforms were introduced following revelations that corporate leaders and lobbyists seeking government contracts or favorable policy decisions had spent up to $10,000 to buy exclusive face-time with Premier Kathleen Wynne and members of her cabinet over cocktails and dinner.
Federal:
Business Since Birth: Trump’s children and the tangle that awaits
New York Times – Matt Flegenheimer, Rachel Abrams, Barry Meier, and Hiroko Tabuchi | Published: 12/4/2016
Since his election, Donald Trump has chafed at the suggestion that keeping his business in the family could create problems, despite several episodes during his transition that seemed to mix business and diplomacy. While he has insisted he faces no legal requirement to turn over the company, the Trump Organization said it is preparing an “immediate transfer of management” to Trump’s three eldest children, along with a team of executives. An examination of the professional histories of the three children shows how deeply the family, business, and politics are interwoven, raising doubts about how a meaningful wall can ever be erected between the president-elect and his heirs.
Justices Wrestle with Role of Race in Redistricting
New York Times – Adam Liptak | Published: 12/5/2016
Race and politics divided the U.S. Supreme Court along ideological lines in two cases that could affect the way state Legislatures draw election districts in the future. The court’s more liberal justices criticized maps drawn after the 2010 Census by Republican Legislatures in North Carolina and Virginia for focusing predominantly on the percentage of African Americans in various districts. The more conservative justices mostly defended the maps, either because race did not dictate the contours of the districts or because the motivator was political advantage, something the high court has not ruled against. Several justices expressed frustration that unless they define clearly what is allowed and what is not, they could be left with what Justice Stephen Breyer called “a set of standards that district courts can’t apply, which will try to separate sheep from goats.”
Trump Adviser Has Pushed Clinton Conspiracy Theories
Politico – Bryan Bender and Andrew Hanna | Published: 12/5/2016
Before the election, Lt. Gen. Michael Flynn, who is Donald Trump’s choice for national security adviser, tweeted a fake news story that claimed police and prosecutors had found evidence linking Hillary Clinton and much of her senior campaign staff to money laundering, perjury, and other felonies. Flynn’s tweet is attracting renewed attention after a man fired a rifle inside a Washington, D.C. restaurant that was the subject of false stories tying it and the Clinton campaign to a child sex trafficking ring. Some say Flynn’s fondness for spreading fake news casts doubt on his fitness to serve as national security adviser, suggesting he either cannot spot a blatant falsehood or is just ideologically bent to believe the worst of his perceived enemies.
Trump Sold All Shares in Companies in June, Spokesman Says
Washington Post – Drew Harwell and Rodsalind Helderman | Published: 12/6/2016
Donald Trump sold all his stock back in June, a transition team spokesperson said, showing the president-elect has begun to address concerns about complicated entanglements between his business and new government life. Questions about Trump’s stock holdings came back into view after he criticized the costs of Boeing to build a new Air Force One. Trump’s portfolio included shares in a number of banks, oil giants, and other companies with business pending before the U.S. government and whose value could rise due to Trump’s decisions in office. Those stock holdings, ethics advisers said, offered a potentially troublesome facet of Trump’s private finances that could entangle his public decision-making.
From the States and Municipalities:
Alabama
Ethics Commission Pulls Opinion Over Nonprofit Concerns
Montgomery Advertiser – Brian Lyman | Published: 12/7/2016
The Alabama Ethics Commission withdrew an opinion that said the state ethics law’s definition of a principal – an individual or organization that hires a lobbyist – included not only a firm that hired the lobbyist but anyone in the organization with authority, including executives, officers, and members of boards of directors. Lobbyists and principals cannot provide legislators with things of value. The jury that convicted former House Speaker Mike Hubbard on corruption charges accepted a broad definition of principal favored by prosecutors. That stirred unease in the business community and among nonprofits. Representatives of nonprofits who spoke at a recent commission hearing said many of their chief donors had cut off funds over concerns about the principal definition.
California
EBay Faces Fines from State Ethics Watchdog after Failing to Disclose Sacramento Lobbying on Time
Los Angeles Times – Patrick McGreevy | Published: 12/6/2016
The California Fair Political Practices Commission proposed a $6,500 fine for eBay after the company missed deadlines for filing lobbying spending reports and failed to properly disclose campaign contributions. The commission will vote on December 15 whether to approve the deal. EBay representatives told investigators the failure to file the reports on time was “inadvertent” and caused by a transfer of responsibility for filing during a “corporate transition.” The firm also was late in filing statements required of major donors that disclose their contributions.
Colorado
Amendment 71 Made It Harder to Get Initiatives on the Ballot – What Happens Now?
Denver Post – Brian Eason | Published: 12/5/2016
Anyone able to raise enough money and signatures can propose an amendment to the Colorado Constitution through a ballot initiative, sidestepping the legislative process. But Amendment 71, approved by voters November 8, made that harder to do, so much harder, critics say, that amending the constitution is no longer an option for all but the most well-funded organizations. Statutory ballot measures that fall short of amending the constitution are still on the table, but there are downsides to that approach too.
Florida
Corcoran Offers Lobbyist ‘Training’ to Adjust to New Legislative Limitations
Sunshine State News – Allison Nielson | Published: 12/1/2016
The Florida House passed a sweeping set of rule changes during its organization session, with several of those changes directly affecting lobbyists. To help lobbyists transition to the new guidelines, the House will be holding training sessions on December 13 and December 14 in Tallahassee. The lobbyist training will cover disclosure requirements for lobbyists, as well as other rules.
Massachusetts
Businesses Seek to Overturn Massachusetts Ban on Political Contributions
MassLive.com – Shira Schoenberg | Published: 12/7/2016
Under Massachusetts campaign finance law, businesses are not allowed to contribute to candidates. Individuals can donate up to $1,000 per year and unions can give up to $15,000. Republican lawmakers have tried, unsuccessfully, to bring the amount unions can donate down to $1,000. The law has typically benefited Democrats, who get the bulk of union campaign contributions. Attorneys for two businesses recently tried to convince a Superior Court judge to allow businesses to make the same political donations as labor unions.
Missouri
Lawsuit Seeks to Stop Campaign Contribution Limits Approved by Missouri Voters Last Month
St. Louis Post-Dispatch – Kurt Erickson | Published: 12/7/2016
A lawsuit filed in federal court challenges the voter-approved referendum that reinstated campaign contribution limits in Missouri. The same group that unsuccessfully sought to block the ballot measure before the November election argues the change in the state constitution unfairly limits some businesses and associations from giving money to campaigns. In particular, the change would stop the Association of Missouri Electrical Cooperatives from donating to campaigns and PACs, violating the free speech rights of its members, the lawsuit notes. The legal action comes one day before the new limits are set to take effect.
New York
Anthony Weiner Fined $65,000 for Campaign Finance Violations
New York Times – J. David Goodman | Published: 12/1/2016
The New York City Campaign Finance Board ordered Anthony Weiner’s campaign to repay more than $195,000 in public matching funds he received as part of his failed 2013 mayoral bid. The board also ordered the campaign to pay a $64,956 fine for spending irregularities, including personal expenses not allowed under the current law. The campaign committed multiple infractions, the board found, including accepting 21 contributions that exceeded the legal limit, accepting contributions in excess of the limit for donors who have business with the city, and failing to demonstrate how some expenses were made in furtherance of the campaign. New revelations of sexually explicit text messages and photographs, sent to women after he had left Congress, came to light and derailed Weiner’s bid for mayor.
North Carolina
North Carolina Gov. Pat McCrory (R) Concedes Closely Contested Governor’s Race
Washington Post – Amber Phillips | Published: 12/5/2016
Ending an acrimonious stalemate that dragged on for nearly a month, North Carolina Gov. Pat McCrory conceded in his bid for re-election, clearing the way for the ascension of his challenger, Roy Cooper, and giving the national Democratic Party a rare cause for celebration. Cooper, the current state attorney general, declared victory on election night, but McCrory’s allies lodged election challenges in dozens of counties. Most of the challenges proved to be of little consequence, however. As partial results of a recount of more than 90,000 votes that Republicans had demanded in Durham County showed no significant change in the results, McCrory had little choice but to admit defeat.
Washington
EPA, Tribe: State commission not venue for complaint
The Olympian – Don Jenkins (Capital Press) | Published: 12/7/2016
The Environmental Protection Agency (EPA) and a Puget Sound tribe say the Washington Public Disclosure Commission (PDC) should step away from an investigation into whether the What’s Upstream advocacy campaign violated state law. The EPA said a federal audit will answer whether What’s Upstream organizers misspent public funds. The tribe said the PDC has no jurisdiction over how a tribe spends money. Save Family Farming alleges What’s Upstream lead organizer Larry Wasserman, the tribe’s environmental policy director, failed to register his group as a political committee or grassroots lobbying organization. The complaint also named EPA Northwest Administrator Dennis McLerran and Seattle lobbying firm Strategies 360.
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.
December 2, 2016 •
News You Can Use Digest – December 2, 2016
National: Donald Trump’s Early Backers in State Government May See Rewards New York Times – Monica Davey | Published: 11/23/2016 In every race for the White House, there are early and fierce endorsers of the winning candidate who are […]
National:
Donald Trump’s Early Backers in State Government May See Rewards
New York Times – Monica Davey | Published: 11/23/2016
In every race for the White House, there are early and fierce endorsers of the winning candidate who are then viewed, post-election, as having greater influence. Some are courted for cabinet spots, but more seek the president’s ear on state policies, federal funds, and infrastructure projects. Rarely, though, are the lines as stark as in this election, largely because some Republican leaders took the unusual step of not endorsing Donald Trump – early or ever. And what this means now for the ones who did is far from clear.
How Stable Are Democracies? ‘Warning Signs Are Flashing Red’
New York Times – Amanda Taub | Published: 11/29/2016
Political scientists have a theory called “democratic consolidation,” which holds that once countries develop democratic institutions, a robust civil society, and a certain level of wealth, their democracy is secure. Yascha Mounk, a lecturer in government at Harvard, has spent the past few years challenging that assumption. His research suggests that liberal democracies around the world may be at serious risk of decline.
News Outlets Rethink Usage of the Term ‘Alt-Right’
New York Times – Sydney Ember | Published: 11/28/2016
With the election of Donald Trump – and his subsequent appointment of Stephen Bannon, a former chairperson of the right-wing website Breitbart News, as his chief White House strategist – the term alt-right has emerged as a linguistic flash point. Generally deployed by news organizations to describe a far-right, white nationalist movement known for its aggressive online expression, the term has attracted widespread criticism among those, particularly on the left, who say it euphemizes and legitimizes the ideologies of racism, anti-Semitism, Islamophobia, and white supremacy.
Federal:
Trump Announces He Will Leave Business ‘in Total’ – Leaving Open How He Will Avoid Conflicts of Interest
Washington Post – Drew Harwell | Published: 11/30/2016
Donald Trump said he would take steps to separate himself from his global business empire in the hopes of preventing the appearance of a conflict-of-interest as he becomes president. But Trump’s announcement, delivered in a series of early-morning posts on Twitter, drew an immediate rebuke from legal and ethics experts, who said the posts suggest Trump is not planning to take sufficient steps to eliminate the conflicts. It remains unclear what the president-elect’s plan will look like, but simply removing Trump from operational, day-to-day control of business decisions still could allow him to benefit financially from payments made to his companies by foreign governments, which may be prohibited by the so-called emoluments clause of the Constitution.
Trump to Accept Inauguration Funds from Corporations and Big Donors
New York Times – Nicholas Fandos | Published: 11/23/2016
President-elect Donald Trump is hoping to raise $65 million to $75 million to fund the activities planned for his inauguration. Trump plans to ban money from registered lobbyists, whom he barred from working for his administration. But the restrictions will be lighter on corporations and individuals, the groups that have traditionally provided a vast majority of funding for the festivities surrounding the transfer of power. Trump will seek corporate contributions of up to $1 million and even allow donations from PACs on a case-by-case basis. The restrictions, which members of the inaugural committee cautioned have yet to be finalized, represent a continued march back from standards set in 2009 by Barack Obama.
Trump’s Twitter Addiction Could Reshape the Presidency
Politico – Eli Stokols | Published: 11/29/2016
President-elect Donald Trump has recently proposed a reversal in American diplomatic relations with Cuba, boasted about negotiations with a major manufacturer, trumpeted false claims about millions of illegal votes, and hinted that he might upend current free speech laws by banning flag burning. All in 140 characters or less. As news organizations grapple with covering a commander in chief unlike any other, Trump’s Twitter account – a bully pulpit, propaganda weapon, and attention magnet all rolled into one – has as quickly emerged as a journalistic challenge and a source of lively debate.
From the States and Municipalities:
District of Columbia – D.C. Council to Debate Emergency Legislation on Campaign Finance Reform
Washington Post – Jasper Scherer | Published: 11/23/2016
District of Columbia Councilperson Kenyan McDuffie said he will introduce emergency legislation to bar contributions to PACs during non-election years in an effort to close what some view as a major campaign finance loophole before the start of 2017. McDuffie chairs the council’s Judiciary Committee, which is considering five related campaign finance reform bills, some of which include a closure of the loophole. Those bills are unlikely to pass before the legislative period closes at the end of the year, but McDuffie’s emergency bill would bypass many of the steps ordinarily required.
Maine – Maine Lawmakers Say Trips at Taxpayer Expense Are Vital
Portland Press Herald – Scott Thistle | Published: 11/27/2016
Five Maine lawmakers traveled to northern Labrador to learn more about a growing hydropower industry that some hope could lower electricity costs in Maine. Reps. Mark Dion and Ken Fredette said the nearly $1,500 cost to taxpayers was justified by what they and their colleagues learned. Both said that getting into the field and away from the meeting rooms in Augusta was important in helping policymakers understand how their state might benefit from shifting regional energy markets. The trip is one highlight in dozens of taxpayer-funded excursions reviewed as part of a Freedom of Access Act request for records of out-of-state travel by lawmakers in 2015 and 2016. The Maine Sunday Telegram sought the expense records after Democratic state senators accused two of their Republican colleagues of “double dipping” on expense reimbursements, including for out-of-state travel.
Minnesota – Obscure Party Funds Become Minnesota Campaign Cash Magnets
Minnesota Public Radio – Brian Bakst | Published: 11/30/2016
While Minnesota law limits how much individual candidates can take from lobbyists and PACs, the rules are looser for local party units. Interest groups have channeled hundreds of thousands of dollars to Republican and Democratic causes the past few years by moving the money through the local political units of some of the state’s most powerful lawmakers. The money flies mostly under the public radar but buys lobbyists visibility and possibly influence with the Capitol’s power brokers.
Missouri – Could 2017 Be The Year That Ethics Reform Takes Hold in Missouri?
Kansas City Star – Jason Hancock | Published: 11/28/2016
Jefferson City’s reputation has been fueled in part by the fact that Missouri is the only state with no limits on both campaign contributions and lobbyist gifts. As a result, huge donations to campaigns have become commonplace, and elected officials accept hundreds of thousands of dollars in gifts every year. Reform efforts stalled during the 2016 legislative session. But disappointment has given way to optimism over the results of the recent election. Missourians approved a constitutional amendment reinstating contribution limits, and elected candidates for governor and attorney general who made corruption the centerpiece of their campaigns. Voters gave lawmakers a mandate to finally pass meaningful ethics reform, said Assistant Senate Majority Leader Bob Onder.
New York – Emails Released by Mayor de Blasio’s Office Detail Reliance on Outside ‘Agents’
New York Times – J. David Goodman | Published: 11/23/2016
New York City Mayor Bill de Blasio’s administration released a third batch of its correspondence with outside advisers that it has designated as “agents of the city.” The emails date to the first days of de Blasio’s tenure, from early 2014 through April 2015. Watchdog groups have raised concerns that the advisers act as a “shadow government” and present concerns about conflicts-of-interest because they also represent companies that do business with the city.
North Carolina – In North Carolina, No End in Sight to Governor’s Race
New York Times – Richard Fausset | Published: 11/29/2016
The North Carolina governor’s race remains an unresolved, contested muddle. The challenger, Roy Cooper, has declared victory. But incumbent Pat McCrory, trailing by thousands of votes in the as-yet-unfinished tally, has refused to concede, as he and his allies charge the election was marred by numerous irregularities. The imbroglio is so complicated that a spokesperson for the State Board of Elections could not say when it might be resolved. It comes amid a broader wave of skepticism about the integrity of the basic mechanics of the American electoral process, including the recount of the presidential results in three states. The move enraged President-elect Donald Trump, who said on Twitter that “millions” of people had illegally voted for Hillary Clinton, a widely derided claim for which he offered no evidence.
South Dakota – Daugaard Favors Repeal of New Ethics Law
Rapid City Journal – James Nord (Associated Press) | Published: 11/23/2016
Over two dozen Republican lawmakers and others are going to court to block a government ethics overhaul approved by South Dakota voters on November 8. Their lawsuit filed in state court challenges the constitutionality of the ballot measure that took effect recently. Foes of the measure argue provisions including an ethics commission and limitations on lobbyist gifts to lawmakers run afoul of the state or federal constitutions, or both. Gov. Dennis Daugaard said he does not plan to include millions of dollars of funding in his December budget proposal for a public campaign finance system established under the new law.
Virginia – Special Interests Spend Millions to Pay Virginia Legislators’ Bills
The Daily Press – Dave Ress | Published: 11/27/2016
Virginia law does not place limits on who can give to political campaigns or on how much can be donated. Similarly, state law sets no rules for where or how candidates may spend campaign funds. That means money contributed to campaigns can, and often does, pay for expenses that have nothing to do with running for office. Large sums flow in – and keep rising, year after year, even though many legislators do not actually face opponents and only a handful represent districts where opponents can mount a serious challenge.
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.
November 18, 2016 •
News You Can Use Digest – November 18, 2016
National: Political Divide Splits Relationships – and Thanksgiving, Too New York Times – Sabrina Tavernise and Katharine Seely | Published: 11/15/2016 The election is over, but the repercussions in people’s lives may be just beginning as families across America contemplate uncomfortable holidays – […]
National:
Political Divide Splits Relationships – and Thanksgiving, Too
New York Times – Sabrina Tavernise and Katharine Seely | Published: 11/15/2016
The election is over, but the repercussions in people’s lives may be just beginning as families across America contemplate uncomfortable holidays – or decide to bypass them – and relationships among friends, relatives, and spouses are tested across the political divide. Democrats in some cases are refusing to sit across the table from relatives who voted for President-elect Donald Trump, a man they say stands for things they abhor. Many who voted for Trump say it is the liberals who are to blame for discord, unfairly tarring them with the odious label of “racist” just because they voted for someone else.
Rights Groups See ‘Unprecedented’ Support in Wake of Election
Washington Post – Sandhya Somashekhar | Published: 11/15/2016
Perhaps the most concrete action to follow the end of the divisive election season has been a surge in donations to various organizations whose agendas counter those proposed by President-elect Donald Trump. In recent days, groups that champion causes like civil liberties and women’s health, as well as focus on immigration rights and anti-discrimination initiatives, have seen record responses to the election in the form of contributions and volunteer applications. Left-leaning organizations say they are being forced to regroup in the wake of the election that gave Republicans control of both the White House and Congress for the first time in a decade.
Why Facebook and Google Are Struggling to Purge Fake News
Washington Post – Nick Wingfield, Mike Isaac, and Katie Benner | Published: 11/15/2016
Google and Facebook announced they would ban fake news sites from using their respective advertising platforms, a strategy aimed at cutting off some of the revenue sources for the sites, which have been under fire for stoking fears during the campaign. Facebook will bar all fake news sites from its Facebook Audience Network, while Google will ban them from using its AdSense ad-selling software. The move has raised new questions about long-standing claims by Facebook, Google, and other online platforms that they have little responsibility to exert editorial control over the news they deliver, even when it includes outright lies, falsehoods, or propaganda that could tilt elections.
Federal:
Former Illinois Congressman with ‘Downton Abbey’ Office Is Indicted
Washington Post – Matt Zapotosky | Published: 11/10/2016
Former U.S. Rep. Aaron Schock, whose taste for first-class travel and a “Downton Abbey”-themed office design led to questions about his judgement and adherence to spending rules, was indicted by a federal grand jury on 24 counts, including wire fraud and theft of government funds. Ethics questions arose after The Washington Post reported on his opulent Capitol Hill office in 2015, which prompted a government investigation into whether he had improperly accepted pro bono interior design services. Schock personally paid back $40,000 for office renovations, which included a crystal chandelier and a plume of pheasant feathers. A New York Times article described the office as being decorated like a drawing room from “Downton Abbey.”
How Federal Ethics Laws Will Apply to a Trump Presidency
New York Times – Steve Eder | Published: 11/11/2016
A theme of Donald Trump’s presidency is likely to be the clash of his duties running the country with the remnants of his decades as a businessperson. But federal rules and precedent make a couple of things clear. Trump will have no immunity from lawsuits involving his corporate ventures, thanks to a U.S. Supreme Court ruling involving Paula Jones, one of former President Bill Clinton’s accusers. And nothing will stop Trump’s family from continuing to run its vast international web of businesses. Federal ethics laws and conflict-of-interest statutes that apply to other federal employees and cabinet members do not apply to the president.
Trump Draws Sharp Rebuke, Concerns Over Newly Appointed Chief White House Strategist Stephen Bannon
Washington Post – Jose DelReal | Published: 11/13/2016
Critics denounced President-elect Donald Trump for appointing Stephen Bannon to a top White House position as chief strategist. Civil rights groups, senior Democrats, and some Republican strategists have said that Bannon, the former head of Breitbart News, will bring anti-Semitic, nationalist, and racist views to the West Wing. Bannon has said while there are fringe elements associated with the right-wing nationalist movement, his critics are painting with too broad a brush. “These people are patriots,” he said. “They love their country. They just want their country taken care of.”
Trump Team Sets Broader Limits on Lobbying by Former Staff
New York Times – Michael Shear and Eric Lipton | Published: 11/16/2016
President-elect Donald Trump’s transition team announced it will require incoming officials to terminate their lobbyist registrations and agree not to lobby again for five years after leaving the administration. The sweeping post-employment restrictions could make it difficult for Trump, whose transition team has struggled to get off the ground, to attract experienced professionals in policy circles where lobbying is a common revenue stream. The policy is in some ways far more rigid than President Barack Obama’s groundbreaking lobbyist ban.
From the States and Municipalities:
Alabama – Strange’s Office Asked Groups for Input on Ethics Law
Montgomery Advertiser – Brian Lyman | Published: 11/15/2016
A few months after securing the conviction of House Speaker Mike Hubbard under the state ethics law, Alabama Attorney General Luther Strange’s office solicited input about the law and its application to groups covered by it. The main point of unease grows from the Hubbard jury’s application of the ethics law to individuals and organizations who hire lobbyists, known as principals. The state’s ethics law forbids legislators from asking for or receiving any “thing of value” from a lobbyist or a principal. The Hubbard trial also led to questions about how state employees could find employment in the private sector without violating the ethics law.
Florida – Toll Board Lobbyist Accused of Foiling County’s Push for Transit Funds
Miami Herald – Douglas Hanks | Published: 11/11/2016
The private lobbyist Miami-Dade County hired to push transit legislation had another client on the issue that paid more: the Miami-Dade Expressway Authority. A report from the county’s ethics board criticized the lobbyist, Fausto Gomez, for not disclosing the “potential conflict” and recommended that the county commission ban his firm, Gomez Barker, from county lobbying contracts for up to three years.
Illinois – Red Light Cameras Figure Given 2 1/2 Years in Prison for Massive Bribe Scheme
Chicago Tribune – David Kidwell | Published: 11/10/2016
The former chief executive officer of Chicago’s longtime red light camera vendor was sentenced to two-and-one-half years in prison for her role in a $2 million cash-for-cameras bribery scheme with a top City Hall manager who rigged the contract for a decade. In addition to imposing the prison sentence, the judge ordered Karen Finley to pay $35,000 up front in restitution and then 10 percent of whatever net income she makes for the rest of her life. The sentence will run concurrent with the 14-month prison term given to Finley in federal court in Ohio for her role in a smaller bribes-for-contracts scheme there.
Massachusetts – Federal Prosecutors Open Criminal Grand Jury Probe of Thornton Law Firm Donations
Center for Responsive Politics – Andrea Estes (Boston Globe) and Viveca Novak | Published: 11/15/2016
Federal prosecutors have opened a grand jury investigation into potentially illegal campaign contributions from lawyers at the Thornton Law Firm, a leading donor to Democrats around the country. The U.S. attorney’s office is one of three agencies now looking into the Boston-based personal injury firm’s practice of reimbursing its partners for millions of dollars in political donations. The law firm has insisted the donations were legal, but soon after the media revealed the firm’s practice, politicians began returning hundreds of thousands of dollars in donations. Federal prosecutors, as well as state and federal campaign finance regulators, are investigating whether Thornton and its lawyers violated the law by paying “bonuses” to firm partners in the exact amount of their political donations and often on the same day. The firm’s attorney acknowledges the payments went on for a decade.
New Jersey – GWB Scandal Puts a Light on the Benefits of Lobbying
Bergen Record – John Reitmeyer | Published: 11/14/2016
Wolff & Samson is one of the top “go-to” law firms in New Jersey, continuing the tradition of others that reap benefits when a particular political party or close ally is in power. Public records show the law firm headed by David Samson, who was legal counsel for Gov. Chris Christie’s 2009 campaign and led his transition team, also has earned millions of dollars doing legal work for numerous government agencies during Christie’s tenure. Wolff & Samson also employs lobbyists who have represented major corporations seeking favorable outcomes from state government.
New York – Cuomo, Stung by a Scandal, Offers Ethics Reforms
New York Times – Vivian Yee and Jesse McKinley | Published: 11/16/2016
New York Gov. Andrew Cuomo said he is taking a number of unilateral steps designed to reduce potential conflicts-of-interest and fraud in the annual awarding of billions of dollars in state contracts. Cuomo said he will ban his political campaign and the state Democratic Party from accepting contributions from companies as they bid for state contracts. He will also create new watchdog positions to oversee the executive branch and the state’s higher-education system, among other reforms.
Tennessee – Legal Loophole Allows Donors to Obscure State Campaign Contributions
The Tennessean – Joel Ebert | Published: 11/14/2016
Andy Miller, one of the most significant Tennessee Republican Party donors in recent history, has used more than a dozen names, addresses, and job descriptions when giving as much as $550,000 in state contributions, making it difficult to track the money. The obfuscation of the donations to state PACs, incumbent state lawmakers, and legislative candidates illustrates a loophole in campaign finance law that helps wealthy donors skirt contribution limits, according to an analysis of more than a decade of campaign finance reports.
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.
November 4, 2016 •
News You Can Use Digest – November 4, 2016
National: Election Maps Are Telling You Big Lies About Small Things Washington Post – Lazaro Gamio | Published: 11/1/2016 November 8 is the Super Bowl for election maps, when red-and-blue geographical representations of the U.S. fill the front pages of news […]
National:
Election Maps Are Telling You Big Lies About Small Things
Washington Post – Lazaro Gamio | Published: 11/1/2016
November 8 is the Super Bowl for election maps, when red-and-blue geographical representations of the U.S. fill the front pages of news websites by night and newspapers the next morning. This kind of map is common in almost every election: 50 states (and the District of Columbia), two colors, one winner. Despite its ubiquity, it is profoundly flawed. These maps say only one thing – some states are bigger than others. In a presidential election, how much bigger the state of Wyoming is than New Jersey is not relevant to the outcome, which is based on how electoral votes are apportioned. If you chart the states by electoral votes, a more accurate picture of which states will elect Donald Trump or Hillary Clinton emerges.
Why Sexual Harassment Persists in Politics
New York Times – Sheryl Gay Stolberg | Published: 11/2/2016
It has been 25 years since Anita Hill testified against Clarence Thomas before an all-male Senate Judiciary Committee, and propelled the term sexual harassment into the national spotlight. Once again, the nation is debating gender roles, amid a presidential campaign that features a woman, Hillary Clinton, who stands a chance of becoming America’s first female president, against a man, Donald Trump, who has been caught on a recording bragging about kissing and groping women whenever he wanted. Politics and Legislatures, like many other environments, remain rife with sexual harassment – and young people, including men, are particularly at risk, and still reluctant to speak out.
Federal:
Abedin Tells Colleagues She’s in Dark About New Email Trove
Politico – Josh Gerstein | Published: 10/31/2016
Top Hillary Clinton aide Huma Abedin has told people she is unsure how her emails could have ended up on a device she viewed as her husband’s computer, the seizure of which has reignited the Clinton email investigation. A person familiar with the inquiry said Abedin was not a regular user of the computer, and when she agreed to turn over emails to the State Department for federal records purposes, her lawyers did not search it for materials, believing none of her messages to be there. That could be a significant oversight if Abedin’s work messages were indeed on the computer of her estranged husband, Anthony Weiner, who is under investigation for allegedly exchanging lewd messages with a 15-year-old girl. So far, it is unclear what – if any – new, work-related messages were found by authorities.
Evan Bayh’s Private Schedule Details Ties with Donors, Lobbyists
CNN – Manu Raju | Published: 11/1/2016
Former U.S. Sen. Evan Bayh is running to win back his seat in one of this year’s marquee races. His internal 2009 schedule obtained by CNN shows how he maneuvered behind the scenes during one of the most consequential periods of legislating on Capitol Hill. The schedule provides a rare account of how Bayh privately engaged with fundraisers, lobbyists, and donors who had a keen interest on issues. At times, his own campaign fundraiser was sitting in on his meetings with donors in his official Senate office, the schedule says, raising potential conflict-of-interest concerns. The schedule lays bare a reality of Washington, that well-connected donors often get a private audience with a powerful member of Congress, a luxury most Americans cannot afford.
For Democrats, Anthony Weiner Makes an Unwelcome Return
New York Times – Maggie Haberman and Alexander Burns | Published: 10/30/2016
Anthony Weiner – the name became almost a curse word among Democrats over the past few days as the disgraced former congressman unexpectedly surfaced in the final stretch of the presidential contest. Weiner, who lost his seat after repeated episodes in which he sent lewd messages to women, is now under federal investigation for allegedly sending sexual messages to a 15-year-old girl. In that inquiry, the FBI seized a laptop that contained thousands of messages belonging to Huma Abedin, Weiner’s estranged wife and a top aide to Hillary Clinton. FBI Director James Comey said investigators will now review those messages. “It’s like one of those ‘Damien’ movies – it’s like every time you think he’s dead, he keeps coming again,” said the Rev. Al Sharpton.
How Politicians Hide Their Spending from the Public
Politico – Shane Goldmacher | Published: 11/2/2016
Donald Trump has leveraged an increasingly popular loophole for politicians seeking to outmaneuver the campaign finance system: routing their spending through consulting firms to obscure the ultimate destination of their dollars, keeping the public in the dark about facts as basic as who they are paying and how much they are paying them. Hillary Clinton has paid her digital firm more than $55 million through payments from her campaign and joint committee with the party, and provided no specifics on the firm’s ad-buying or other activities. At its most extreme, a candidate could theoretically hire a single firm to run their entire campaign and only disclose that one payment.
Sleeping Like the Enemy
Politico – Shane Goldmacher and Annie Karni | Published: 11/1/2016
Since the debut of her official campaign plane on Labor Day, there have been full weeks when Hillary Clinton has campaigned every day in swing states and returned to her home every night in between. In total, she has spent a little over half a dozen nights on the road. Instead of more efficient campaign trips, Clinton has prioritized ending her days in either her farmhouse in New York or her mansion in Washington. In a campaign of contrasts, it is one of the most striking similarities between Clinton and Donald Trump – two well-to-do New Yorkers who add hours of travel to their schedules, and thousands of dollars to their campaign expenses, in order to avoid sleeping in hotels.
The Residents in the Nerdiest Group House in Washington Want to Shake Up Washington’s Oldest Trade
Washingtonian Magazine – Michael Gaylord | Published: 10/30/2016
Since its debut, Quorum has cranked out the political charts and graphics that websites and blogs feast on. At the same time, the company has signed up a passel of heavy-hitter clients who pay into the six figures per year, with Covington & Burling, the United Nations Foundation, Toyota, the Podesta Group, the Club for Growth, and U.S. House Majority Leader Kevin McCarthy among them. Quorum produces political intelligence for lobbyists and companies that monitor minute changes in policy. Its platform features bill tracking, social-media alerts, a searchable Congressional Record, and tools to connect and set up meetings with staffers.
From the States and Municipalities:
California – A $72-Million Apartment Project. Top Politicians. Unlikely Donors.
Los Angeles Times – David Zahniser and Emily Alpert Reyes | Published: 10/30/2016
Dozens of donors with direct or indirect connections to real estate developer Samuel Leung gave more than $600,000 to Los Angeles-area politicians as his $72-million project was being reviewed. Of those who donated, 11 said they did not give or do not remember doing so, raising questions about whether they were the true source of the money. Several donors said they could not recall basic information about their contributions, including why they gave and to whom. One donor said she was reimbursed for at least one conrtribution, a practice that is not permitted under the city’s ethics law.
Kentucky – Lobbyist Donations Aid Candidates Despite Law
Louisville Courier-Journal – Tom Loftus | Published: 10/31/2016
Those who lobby the General Assembly are forbidden by state law from making campaign contributions to candidates for the Kentucky House or Senate. But they are allowed to donate to state political parties, which this year have no higher priority than electing their candidates in the high-stakes races that will decide control of the House. And most major lobbyists are taking advantage of the opportunity.
Massachusetts – Law Firm ‘Bonuses’ Tied to Political Donations
Boston Globe – Viveca Novak (Center for Responsive Politics) and Andrea Estes | Published: 10/30/2016
The Thornton Law Firm in Boston commonly reimbursed the firm’s partners for their campaign contributions by awarding them bonuses. From 2010 through 2014, three partners donated nearly $1.6 million to Democratic Party fundraising committees and a parade of politicians. Over the same span, the lawyers received $1.4 million listed as “bonuses” in the firm’s records. Thornton said its donation reimbursement program was reviewed by outside lawyers and complied with applicable laws. Campaign finance experts said without reviewing the firm’s records, they cannot say the payback system breaks the law, but it raises numerous red flags.
Montana – Federal Judge Upholds Montana Campaign Disclosure Law
Montana Public Radio – Matt Volz (Associated Press) | Published: 11/1/2016
A federal judge upheld Montana’s campaign finance reporting and disclosure laws, rejecting arguments it unconstitutionally interferes with the free speech of groups that want to influence elections without revealing where they get their money or how they spend it. Montanans for Community Development, which had previously sued the state over its campaign finance laws, amended its lawsuit last year to challenge the Disclose Act. U.S. District Court Judge Dana Christensen knocked down each of the group’s arguments. Besides ruling the law serves an important government interest, the judge also rejected arguments it was overly burdensome to political committees and unconstitutionally vague on what constitutes a committee, expenditure, and contribution.
New York – Behind Closed Doors, Measures to Reform City’s Campaign Laws Raise Concerns
New York Times – Jim Dwyer | Published: 11/1/2016
Three years after elections revealed flaws in New York City’s campaign finance laws, the city council may be moving to fix some of the worst problems, but not without including a few changes that would benefit individual council members. Up to a dozen new bills are being shaped behind closed doors, and although no drafts have been released yet, word coming from the council has alarmed some of the city’s advocates for better and fairer elections.
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.
October 28, 2016 •
News You Can Use Digest – October 28, 2016
National: Insurers Give Big to Races Determining Their Regulators Center for Public Integrity – Michael Mishak | Published: 10/20/2016 The insurance industry has pumped more than $6 million into political efforts to influence a dozen state races that determine who regulates […]
National:
Insurers Give Big to Races Determining Their Regulators
Center for Public Integrity – Michael Mishak | Published: 10/20/2016
The insurance industry has pumped more than $6 million into political efforts to influence a dozen state races that determine who regulates the nation’s insurance companies. The giving is a critical part of a larger operation aimed at affecting the sleepy world of insurance regulation. A Center for Public Integrity investigation found a pattern of coziness between state insurance commissioners and the insurers they regulate, involving lavish dinners, corporate-backed trips to luxury resorts, and the implicit promise of industry jobs once commissioners leave office. Yet it starts with campaign contributions. Over the past decade, insurance companies and their employees were among the top political donors to commissioner candidates in at least six of the 11 states that elect regulators. And they are consistently among the top contributors to the two major political groups active in gubernatorial races.
Federal:
Brand Promotions Suggest Donald Trump Is Looking Past Election Day
New York Times – Maggie Haberman and Nick Corasaniti | Published: 10/26/2016
Time is running out on Donald Trump’s presidential campaign, but his closing argument sounds as much about his business interests as his electoral ones. As Hillary Clinton and her surrogates fan out across the battleground states, Trump’s schedule has found plenty of room for self-promotion. His actions are a remarkable display of personal promotion by a presidential nominee, raising questions about whether Trump, who has lived by the mantra that “all publicity is good publicity,” is at least partly casting his eye past the 2016 race, and toward bolstering the brand that bears his name.
Clinton Sticks with Obama’s Strict Lobbying Rules – for Now
Politico – Anna Palmer and Andrew Restuccia | Published: 10/26/2016
Hillary Clinton’s campaign is limiting how federal lobbyists can work with the transition teams that are tasked with planning for the transfer of power at dozens of key agencies. The campaign’s policy operation, which is a separate entity from the transition team, continues to be the point of contact for companies, consultants, and lobbyists. It is an indication that Clinton is unlikely to abandon all of the lobbying restrictions imposed by President Obama. The transition operation’s ethics pledge mandates that transition officials recuse themselves from working on any issues on which they have lobbied in the past year. The rules also require transition staff who stay in the private sector to agree, for one year, not to appear before or seek to influence any federal agency they focused on during the transition.
For Some Conservative Female Pundits, This Election Has Been a Nightmare
Washington Post – Kelsey Snell | Published: 10/25/2016
In CNN’s green room, the conservative women saturating the cable network’s prime-time lineup this election season typically make small talk. But recently, the silence backstage can be deafening. Especially when the subject is Donald Trump and his behavior toward women. This painful debate plays out nearly every night in front of millions of viewers, and it has only gotten more graphic and personal since the release of a videotape depicting Trump boasting about groping women. For conservative women like S.E. Cupp, a Trump opponent, this election has become a nightmare. These women say they would rather be explaining why Hillary Clinton is a bad choice for president, but Trump is like an asteroid blocking out all of the sun that might shine in a normal election.
How Mega-Donors Helped Raise $1 Billion for Hillary Clinton
Washington Post – Matea Gold and Anu Narayanswamy | Published: 10/24/2016
Determined not to fall behind in raising money for her presidential bid, Hillary Clinton ramped up her appeals to rich donors and shrugged off restrictions that President Obama had imposed on his fundraising team. Even as her advisers fretted about the perception that she was too cozy with wealthy interests, they agreed to let lobbyists bundle checks for her campaign, including those representing some foreign governments, emails show. Top aides wooed major donors for super PACs, taking advantage of the leeway that campaigns have to legally collaborate with the groups on fundraising. The effort paid off. Together with the party and pro-Clinton super PACs, the Democratic nominee had amassed $1.14 billion to support her campaign by the end of September.
Judge Preserves Fattah Bribery Conviction, Overturns Other Parts of June Verdict
Philadelphia Inquirer – Jeremy Roebuck | Published: 10/21/2016
A federal judge rejected former U.S. Rep. Chaka Fattah’s bid for a new trial, spurning arguments that a recent U.S. Supreme Court decision narrowing the legal definition of bribery would have changed the outcome of his case. U.S. District Court Judge Harvey Bartle III overturned Fattah’s convictions on four counts of fraud and falsifying records, but otherwise endorsed the jury’s conclusion that he had accepted bribes from wealthy supporter Herbert Vederman in exchange for official acts. The decision was one of the first to affirm a guilty verdict in a federal bribery case since the Supreme Court vacated the conviction of former Virginia Gov. Robert McDonnell, a ruling that legal experts feared would make prosecuting public corruption cases more difficult.
Want a Presidential Appointment? Step 1: Oppo research on yourself
Politico – Sarah Wheaton, Nancy Cook, and Andrew Restuccia | Published: 10/24/2016
More than a dozen people who expect, or simply hope, to be tapped by Hillary Clinton or Donald Trump have already reached out to top lawyers for help in sifting through their finances and business dealings in anticipation of being nominated to a top post in the next administration. This need for private professional help – before an election is even over and the confirmation process has begun – has spawned a small yet influential cottage industry within big Washington, D.C law firms of professional vetters, who can charge anywhere from hundreds of dollars to as much as $1,000 per hour to sort through a potential nominee’s convoluted finances, tax returns, or even old arrest records.
What Drives Donald Trump? Fear of Losing Status, Tapes Show
New York Times – Michael Barbaro | Published: 10/25/2016
The intense ambitions and undisciplined behaviors of Donald Trump have confounded even those close to him, especially as his presidential campaign comes to a tumultuous end, and he confronts the possibility of the most stinging defeat of his life. But in the more than five hours of conversations – the last extensive biographical interviews Trump granted before running for president – powerful driving force emerges: his deep-seated fear of public embarrassment. The recordings reveal a man who is fixated on his own celebrity, anxious about losing his status, and contemptuous of those who fall from grace. They capture the visceral pleasure he derives from fighting, his willful lack of interest in history, his reluctance to reflect on his life, and his belief that most people do not deserve his respect.
From the States and Municipalities:
California – California Politician Shows Little Remorse, Gets Prison Time
Sacramento Bee – Brian Melley (Associated Press) | Published: 10/21/2016
Former California Sen. Ronald Calderon, once the most powerful member of a politically influential family, was sentenced to 42 months in prison after he pleaded guilty in a federal corruption case. Calderon admitted he had accepted tens of thousands of dollars in bribes in return for official favors. He took $12,000 worth of trips to Las Vegas from an undercover FBI agent who posed as the owner of a Los Angeles movie studio seeking his support for film tax credits, though the legislation never passed. The agent hired Calderon’s daughter for a $3,000 a month no-show job and paid $5,000 toward his son’s college tuition. Calderon also acknowledged helping a hospital owner maintain a health care fraud scheme in exchange for hiring his son each summer over three years.
California – The GOP Dead Zone: You won’t find any Republicans to vote for in L.A. County
Los Angeles Times – Javier Panzar | Published: 10/26/2016
When 818,000 voters in Los Angeles County fill out their ballots this election, they will find themselves in strange political territory: the only Republican names they will see will be presidential nominee Donald Trump and his running mate Mike Pence. In this GOP “dead zone” – spanning parts of five congressional districts, five state Assembly districts, and one state Senate district – not a single Republican candidate made it on to the November ballot. This scenario is the result of California’s relatively new, voter-approved primary system in which the two candidates who finish with the most votes in the June election go on to the general election, even if they are from the same party.
New Jersey – Bridgegate Offers Peek at Trenton’s ‘Political Shop’
MyCentralJersey.com – Dustin Racioppi | Published: 10/24/2016
Since the lane closings on the George Washington Bridge in 2013, New Jersey Gov. Chris Christie, and the private investigators his office hired, have maintained the Intergovernmental Affairs department led by Bill Stepien did not become politicized until after he left and turned over duties to Bridget Anne Kelly, who is accused of working with other officials to block access to the bridge as political retribution. But testimony and evidence in Kelly’s trial have contradicted those assertions and showed Stepien and his staff regularly mixing politics with policy, raising questions of ethics violations in the governor’s office and suggesting instances of quid pro quo.
North Carolina – Protests and Storms Make North Carolina’s Election Year ‘a Bizarre Experience’
New York Times – Richard Fausset | Published: 10/25/2016
There may be no other state with as much to sort through, or as much at stake on November 8, as North Carolina. Hillary Clinton and Donald Trump are in a tight battle there, one of the most contested swing states. The governor’s race between Pat McCrory and his Democratic challenger, state Attorney General Roy Cooper, may be the closest in the country, as well as being a sort of referendum on the state’s sharp right turn in recent years. And control of the U.S. Senate could be determined by an equally close race between U.S. Sen. Richard Burr, an incumbent Republican, and his Democratic challenger, Deborah Ross.
Pennsylvania – Kathleen Kane, Former Pennsylvania Attorney General, Is Sentenced to Prison
New York Times – Jon Hurdle and Richard Pérez-Peña | Published: 10/24/2016
Former Pennsylvania Attorney General Kathleen Kane was sentenced to 10 to 23 months in jail for illegally disclosing details from a grand jury investigation to embarrass a rival and lying about it under oath. She was also sentenced to eight years of probation by a Montgomery County judge who said Kane’s ego drove her to take down enemies and break the law. Kane feuded with Frank Fina, a former top state prosecutor. Seeking to undercut Fina, Kane leaked to The Philadelphia Daily News information about a grand jury investigation he had been involved in, a leak that would lead to the criminal investigation of her actions.
Pennsylvania – Kenney Amends Gifts Rules for His Staff
Philadelphia Inquirer – Claudia Vargas | Published: 10/27/2016
Philadelphia Mayor Jim Kenney signed an executive order that expands restrictions on gifts to city employees working in the executive branch. His action updated the Executive Order on Gifts to specifically prohibit executive branch employees from receiving gifts from registered lobbyists. The new executive order creates some specific exemptions, including that employees can accept food, beverages, or entertainment at a reception open to the public for which no ticket or invitation is required. Another change is that a city employee may not receive a gift from a person who sought some action from that employee within the preceding 12 months. The order takes effect immediately.
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.
October 21, 2016 •
News You Can Use Digest – October 21, 2016
Federal: Companies Used Clinton Fundraisers to Lobby State Department USA Today – Kevin McCoy | Published: 10/18/2016 While it is widely known that some companies and foreign governments gave money to the Clinton family’s foundations, perhaps in an effort to gain […]
Federal:
Companies Used Clinton Fundraisers to Lobby State Department
USA Today – Kevin McCoy | Published: 10/18/2016
While it is widely known that some companies and foreign governments gave money to the Clinton family’s foundations, perhaps in an effort to gain favor, one of the key parts of the puzzle has not been reported: at least a dozen of those same companies lobbied the State Department using lobbyists who doubled as major Clinton campaign fundraisers, according to a USA Today analysis. Those companies gave as much as $16 million to the Clinton charities. At least four of the lobbyists they hired are “Hillblazers,” the campaign’s name for supporters who have raised $100,000 or more for her current White House race.
Dems Use Loophole to Pump Millions into Fight for the House
Politico – Scott Bland | Published: 10/18/2016
The Democratic Party is directing millions of extra dollars to its House candidates this fall by way of a legal loophole that has helped them bypass the typical limits on coordinated spending between parties and candidates, all while linking some vulnerable Republicans to Donald Trump. Typically, FEC regulations limit parties to just $48,100 of spending in direct coordination with most House candidates. But under a decade-old precedent, candidates who word their television ads a certain way can split the cost of those ads with their party, even if that means blowing past the normal coordinated spending caps.
Do Campaign Ads Matter? Donald Trump Gives a Rare Chance to Find Out
New York Times – Lynn Vavreck | Published: 10/19/2016
Since June, there have been roughly 300,000 television commercials on behalf of presidential candidates. Most of them have been in Florida, Ohio, and North Carolina, but a small number have been on national networks. Eighty percent of the ads to date were run by or on behalf of Hillary Clinton, while only 18 percent were shown by or on behalf of Donald Trump. Nearly everywhere the race is competitive, Clinton has run far more ads. Trump prefers a different style of campaigning, with rallies and the free media coverage of them, along with his frequent Twitter posts. Fundraising has taken a back seat. This year is a chance to find out whether Trump’s method is a good substitute for a conventional ad campaign.
Ripples from the ‘How Low Can They Go’ Campaign
New York Times – Patrick Healy and Farah Stockman | Published: 10/16/2016
For voters across party lines, the presidential race was already considered ugly and exhausting, dominated by two candidates many voters find deplorable. And yet it somehow managed to tip into something worse in recent days: a twilight zone of politics where sexual assault accusations have become consuming issues in the final weeks of the campaign. Among many Democrats, despair is setting in that the next president could be, in their minds, a sexual predator. Among many Republicans, disgust is widespread that the next president could be married to a man who was, as they see it, a serial adulterer at best. The election result now seems guaranteed to feel like a violation of the body politic for one half of the country or the other.
From the States and Municipalities:
California – How the Federal Government’s Bribery Case Against 2 Brothers Unraveled
Los Angeles Times – Joel Rubin | Published: 10/17/2016
Last October, FBI agents arrested Sukhbir Singh and his brother Jimmy Sandhu, the owners of a tow truck company. The men were charged with bribing a member of the Huntington Park City Council in an effort to buy his support for higher towing fees. The lead agent in the case laid out in court papers seemingly irrefutable evidence against the men: for more than a year, the council member had been working as an informant and secretly recorded his conversations with the brothers. The recordings appeared to show the men offering money in exchange for the councilperson’s vote. The case, however, was anything but open and shut. Since the arrests, the government’s case against Singh and Sandhu has all but unraveled.
Massachusetts
Federal Judge Asks: Is DiMasi benefiting from political connections?
Boston Globe – Milton Valencia and John Ellement | Published: 10/17/2016
The federal judge tasked with deciding whether to grant former Massachusetts House Speaker Salvatore DiMasi early release from prison demanded to know if DiMasi is benefiting from political connections that have survived his corruption conviction. U.S. District Court Judge Mark Wolf ordered federal prosecutors and attorneys for DiMasi to provide him with more information justifying his early release from prison on compassionate grounds. Wolf expressed concern that releasing a state official convicted of corruption could be seen as prosecutors assisting a politically-connected individual, while lesser-known prisoners with similar health issues do not get the same relief.
Massachusetts
Lawmakers Weigh Call for Special Panel to Review Ethics Laws
Boston Herald; Associated Press | Published: 10/18/2016
A legislative committee held a public hearing on Massachusetts House Speaker Robert DeLeo’s resolution to create an 11-member Task Force on Integrity in State and Local Government. If approved, the task force would review the state’s conflict-of-interest and ethics rules, and campaign finance and lobbying laws. It would also look at the feasibility of extending state lobbying laws to cities and towns. DeLeo began floating the idea of the ethics panel after reports surfaced of a federal investigation into whether state Sen. Brian Joyce had used his official position to boost his private law practice.
Missouri
Amendment 2 Could Bring Campaign Donation Limits Back to Missouri
KWMU – Jason Rosenbaum | Published: 10/14/2016
There is a good chance that Missouri’s system of unlimited campaign contributions may be coming to an end. The ballot measure that would make the change, Amendment 2, has little organized opposition. And a prior ballot initiative in the 1990s that capped political donations passed without much trouble. But even if the measure passes and survives an expected court fight, opponents of the proposal say it may not actually stem the flow of money into Missouri politics. Instead, they contend it may steer a deluge of cash into other types of committees that would not be affected by the amendment.
New York – JCOPE Releases Draft Lobbying, Funding Regulations
Albany Times Union – Chris Bragg | Published: 10/13/2016
The Joint Commission on Public Ethics (JCOPE) proposed new regulations for lobbying in New York. JCOPE is seeking public comments and plans to hold a hearing before it formally considers the proposal drafted by its staff. Changes that follow legislation enacted this year call for lowering the filing threshold for total lobbying expenditures from $50,000 to $15,000 and reducing the minimum contribution amount that requires source disclosure from $5,000 to $2,500. The draft rules would formally expand lobbying to include efforts such as setting up a meeting between a lawmaker and lobbyist, not just directly lobbying a lawmaker. They also clarify the definitions of “grassroots lobbying.”
New York – Lobbyist Todd Howe: $85,000 from Cor Development was a bribe, not a loan
Syracuse.com – Tim Knauss | Published: 10/17/2016
A lobbyist with ties to New York Gov. Andrew Cuomo has a novel argument why he should not be forced to repay a company $85,000: it was meant to be a bribe, not a loan. Cor Development is suing its former lobbyist Todd Howe for the money. Howe has already pleaded guilty for his role in a massive “pay-to-play” scandal involving a number of the governor’s upstate economic development initiatives that led to the arrest of nine Cuomo associates or donors. Among those arrested were two top Cor executives.
Ohio – Former Red-Light Camera Exec Sentenced for Role in Bribery Scheme
Columbus Dispatch – Rick Rouan | Published: 10/19/2016
Karen Finley, the former chief executive officer of Redflex Traffic Systems, was sentenced to 14 months in federal prison for her role in a bribes-for-contracts scheme in Ohio. Investigators said Finley was part of a scheme to funnel $70,000 in bribes through campaign contributions to elected officials in Columbus and Cincinnati to bring red-light cameras to the cities. Lobbyist John Raphael was the middleman in the scheme, according to investigators. Finley and others provided the campaign contributions to Raphael by paying him false invoices for “consulting services,” they said, and Raphael then made personal contributions to the campaigns of elected officials or to the state and local Democratic parties.
South Dakota – National Groups Spar over South Dakota Ballot Measure
Center for Public Integrity – Liz Essley Whyte | Published: 10/13/2016
South Dakotans in November will be asked to vote on a measure that would initiate public financing of campaigns, expand disclosure of political donors, and creating an ethics commission to police legislators’ behavior. Both sides in the debate are planning to spend hundreds of thousands of dollars to get what they want. But neither side hails from South Dakota. It is a twist on the notion that all politics is local. When it comes to statewide ballot measures, most politics is actually national.
Tennessee – Mark Cate, Former Bill Haslam Top Aide, Registers as Lobbyist
The Tennessean – Dave Boucher and Nate Rau | Published: 10/15/2016
The day after The Tennessean published an August investigation into the activities of Mark Cate, Gov. Bill Haslam’s former chief of staff, Cate registered with the state as a lobbyist. The investigation noted Cate’s relationship with several prominent entities and the services he provided during a one-year waiting period, during which elected officials and high-ranking staff members are not allowed to serve as lobbyists. Cate denied lobbying for those companies. In one case, the Nashville Convention & Visitors Corp. (CVC) said Cate was helping with legislation, then later clarified he was not lobbying. Cate has since registered as a lobbyist for the CVC and eight other companies.
Texas – Plagued by Corruption Allegations, Dallas County Now Has Formal Purchasing Rules
Dallas Morning News – Naomi Martin | Published: 10/18/2016
Dallas County commissioners approved a new purchasing manual that leaders hope will strengthen the county’s contracting process, which has long been plagued by allegations of political meddling. Overhauling the troubled purchasing department has taken years. A 2009 outside report first identified 25 shortcomings in the county’s process for managing its hundreds of millions of dollars’ worth of contracts. Commissioner John Wiley Price was indicted in 2014 on federal charges of rigging bids and taking kickbacks, charges he denies, but that highlighted the lack of official oversight.
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.
October 14, 2016 •
News You Can Use Digest – October 14, 2016
National: Coke and Pepsi Give Millions to Public Health, Then Lobby Against It New York Times – Anahad O’Connor | Published: 10/10/2016 Despite the fact that America has an obesity problem, fueled in part by the overconsumption of sugar, several prominent […]
National:
Coke and Pepsi Give Millions to Public Health, Then Lobby Against It
New York Times – Anahad O’Connor | Published: 10/10/2016
Despite the fact that America has an obesity problem, fueled in part by the overconsumption of sugar, several prominent public health groups (including some that are government-run) have accepted money from soda companies in recent years. In a new study, researchers at Boston University School of Medicine report that between 2011 to 2015, 96 national health organizations accepted money from Coca-Cola, PepsiCo, or both companies. There has been increasing scrutiny in recent years of the soda industry’s influence over the public health debate, especially over soda’s link to obesity, and legislative efforts such as soda taxes and bans meant to curb its influence. The researchers looked at lobbying efforts by the companies and found both actively oppose legislation that targets soda and is designed to prevent obesity.
Gerrymandering Helped Republicans Take Control of Congress, but Now It’s Tearing Them Apart Over Trump
Los Angeles Times – Lisa Mascaro | Published: 10/11/2016
Across the country, Republicans in contested races face a terrible bind: they have to run from Donald Trump to hold onto swing votes, even if that angers some core supporters. But in secure, heavily conservative GOP districts, Republicans face the opposite pressure: to cleave fast to Trump, who remains popular despite statements that have alienated many voters. The crisis sparked by the Trump campaign has split the Republican Party in two, and ironically, the gerrymandering of districts that helped build the GOP congressional majority is now working to make that fracture worse.
Federal:
Donald Trump Finds Improbable Ally in WikiLeaks
New York Times – Patrick Healy, David Sanger, and Maggie Haberman | Published: 10/12/2016
Donald Trump, his advisers, and many of his supporters are increasingly seizing on a trove of embarrassing emails from Hillary Clinton’s campaign that WikiLeaks has been publishing – and that U.S. intelligence agencies said came largely from Russian intelligence agencies, with the authorization of “Russia’s senior-most officials.” The Trump campaign’s willingness to use WikiLeaks is a turnabout after years of bipartisan criticism of the organization for past disclosures of American national security intelligence and other confidential information. The accusation that Russian agents are now playing an almost-daily role in helping fuel Trump’s latest political attacks on Clinton raises far greater concerns, though, about foreign interference in a presidential election.
Filmmaker Says Lobbying Firm Tried to ‘Thwart’ Screening of Documentary Critical of Herbalife
Washington Post – Emily Heil | Published: 10/10/2016
The Washington, D.C. screening of a documentary scrutinizing controversial multilevel marketing company Herbalife had 173 empty seats because Herbalife’s lobbying firm bought them out. The documentary, Ted Braun’s “Betting on Zero,” focuses on activist investor Bill Ackman’s quest to portray Herbalife as a pyramid scheme and profit from shorting its stock. Ten staffers of Heather Podesta + Partners, which lobbies for Herbalife, bought half the tickets and never picked them up, according to organizers of the film festival. At $15 a seat, the ruse cost more than $2,500. The company paid the firm $70,000 last quarter, lobbying disclosures show.
Trump Reels as More Accusers Emerge
Politico – Louis Nelson | Published: 10/13/2016
Multiple women have come forward to accuse Donald Trump of uninvited kissing or groping. The stories, which have been told to different news organizations, come after Trump denied during the most recent presidential debate that he had ever sexually assaulted a woman. He has also denied the latest reports in The New York Times, The Palm Beach Post, and People, calling them fabrications and threatening lawsuits. The women who spoke to The Times, who are both supporters of Hillary Clinton, said they felt compelled to speak out after Trump said he had never done the things he was caught boasting about on a 2005 videotape.
WikiLeaks Hack Reveals Cozy Relationship between Clinton Campaign, Super PAC
The Hill – Jonathan Swan | Published: 10/10/2016
A top attorney for Hillary Clinton’s presidential campaign sent a memorandum to campaign aides teaching them how to legally communicate with a pro-Clinton super PAC, emails released by WikiLeaks show. While Clinton has claimed her campaign has nothing to do with the super PAC Priorities USA, a leaked email from the personal account of Clinton’s campaign chairperson, John Podesta, suggests differently. In the email, Clinton attorney Marc Elias outlined what is basically a strategy for steering large campaign donors to the super PAC without breaking the law.
From the States and Municipalities:
Alaska – Lobbyist Bankrolled PAC Run by State Lawmaker Is Legal, APOC Staff Says
KTUU – Austin Baird | Published: 10/10/2016
Lobbyists bankrolling a PAC run by a sitting state lawmaker, an unconventional approach to financing campaigns that started happening this year, is not a violation of state law, according to an Alaska Public Offices Commission staff opinion. The source of the cash is at the core of the complaint against the group run by Rep. Gabrielle LeDoux, which alleges wrongdoing on three fronts centered around the fact that several lobbyists who live outside of LeDoux’s district contributed $500 apiece. Alaska law allows paid lobbyists to contribute to legislative campaigns but only to candidates running in their own district.
California – State Lawmakers Got about $873,000 in Freebies Last Year, but the Gifts Can Be Difficult to Track
San Louis Obispo Tribune – Matt Fountain | Published: 10/8/2016
California lawmakers reported receiving about $873,000 in meals, entertainment, travel, and other gifts last year. Public officials across the state are required to file financial disclosure forms that are the public’s way of ensuring officials are making decisions based on the public interest and not their own financial gain. But the primarily paper-based system is inherently messy, with little consistency in how gifts are reported, making it cumbersome to verify some vague and incorrectly reported gifts. Legal loopholes regarding what constitutes free travel and degrees of separation between lobbyists and gift-giving render key aspects of the laws essentially toothless.
Hawaii – How Hawaii Companies Pay to Party It Up with Public Officials
Honolulu Civil Beat – Chad Blair | Published: 10/11/2016
Those attending and sponsoring the Hawaii Congress of Planning Officials included some of the most powerful business interests in the state who had the chance to hobnob with the kind of government officials who have influence on issues that affect them. State and county laws have strict rules about government officials receiving gifts, particularly if it appears those gifts could have an influence on their actions. But conferences like the recent three-day planning retreat on Kauai show how special interests are still able help pay to entertain an array of public officials.
Illinois – Chicago Politicians Warned on Use of Coveted Face-Value Cubs Playoff Tickets
Chicago Tribune – Hal Dardick | Published: 10/9/2016
Aldermen and city officials who take advantage of the Chicago Cubs’ offer to purchase playoff tickets at face value must accompany their guests to all games at Wrigley Field and be publicly announced to the crowd or risk violating the city’s ethics ordinance. Chicago Ethics Board Executive Director Steve Berlin noted the law prohibits city employees and elected officials from accepting gifts worth more than $50 and the difference between the face value of Cubs playoff tickets and the “commonly understood fair market value” exceeds that limit. But the ordinance does allow officials to attend events “in their official capacity,” he added. “It could be construed as a prohibited gift to the city official if they are not announced or if they give away or resell all tickets they purchased at this special price,” Berlin wrote.
Michigan – Secretive Funds Allow Michigan Lawmakers to Accept Corporate Cash
MLive.com – Craig Mauger (Michigan Campaign Finance Network) and Emily Lawler | Published: 10/11/2016
It is illegal for a corporation to give directly to a candidate’s campaign account in Michigan. But there is a difficult-to-trace and rarely discussed form of legal fundraising where many donations do not have to be disclosed. An investigation found at least 50 of Michigan’s House and Senate members, about one in three, are connected or have been connected to a nonprofit or administrative account. From 2013 to 2015, about $12.8 million flowed to more than 100 accounts connected to political parties, elected officeholders, and their consultants. Finding who runs these lawmaker-connected organizations, who gives to them, and what the contributions are used for can be extremely difficult.
Missouri – Aldermen Pass Legislation Limiting Campaign Contributions to $10,000 in St. Louis Elections
St. Louis Post-Dispatch – Koran Addo | Published: 10/7/2016
Members of the St. Louis Board of Aldermen passed a pair of reform bills, one intended to keep wealthy donors from unduly influencing local elections and the other meant to keep elected officials honest about the gifts they receive. The first bill would limit campaign contributions in city elections to $10,000 per election cycle. It also would the Municipal Officials and Officers Ethics Commission to investigate campaign finance violations. The board also passed a bill requiring elected officials to report within 30 days any gift or travel expense valued at $375 or more given to them or an immediate family member. Violating the reporting requirement would result in docked pay.
New York – At Graft Scandal’s Center, a Lobbyist with a Long History in the Cuomo Orbit
New York Times – Vivian Yee | Published: 10/7/2016
For New York Gov. Andrew Cuomo, the corruption scandal that threatens to inflict lasting harm on his political career and his family’s legacy is a betrayal of multiple dimensions. It is a betrayal of his plans to revitalize the economies in western and central New York, and of the Cuomos’ political self-image, built by his father, former Gov. Mario Cuomo, on clean, competent, accountable government. And if anyone made it all possible, it seemed to be one of their own: Todd Howe, who has implicated himself and helped federal prosecutors charge eight other Cuomo advisers and donors in a wide-ranging bribery scheme surrounding the governor’s office.
New York – Disclosure Law for Outside Income Often Ignored, Rarely Enforced
Albany Times Union – Chris Bragg | Published: 10/11/2016
The recent spate of corruption charges in New York has sparked calls for closer scrutiny of state officials’ outside jobs. But a law already on the books that addresses the issue does not appear to be rigorously enforced. A 2011 law requires lobbyists or their clients who pay a state employee more than $1,000 in a year to submit a form detailing the exact amount every six months. It also requires a description of the nature of the state employee’s outside work. Since the law was passed, only 24 lobbying clients and 11 lobbyists have submitted paperwork detailing the hiring of state officials. Joint Commission on Public Ethics spokesperson Walter McClure said he did not know of someone ever been fined for failing to file this kind of report.
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.
October 7, 2016 •
News You Can Use Digest – October 7, 2016
National: Drinks, Dinners, Junkets and Jobs: How the insurance industry courts state commissioners Center for Public Integrity – Michael Mishak | Published: 10/2/2016 An investigation by the Center for the Public Integrity found half of the 109 state insurance commissioners who […]
National:
Drinks, Dinners, Junkets and Jobs: How the insurance industry courts state commissioners
Center for Public Integrity – Michael Mishak | Published: 10/2/2016
An investigation by the Center for the Public Integrity found half of the 109 state insurance commissioners who have left their posts in the last decade have gone on to work for the industry they used to regulate, many leaving before their terms expire. Just two moved into consumer advocacy. The “revolving door” also swings in the other direction. For almost a year, Connecticut’s insurance commissioner was overseeing a merger involving a company where she had been a lobbyist. She recused herself recently amid a state ethics review. Consumer advocates and some commissioners say the tight bond between regulators and industry – reinforced by campaign contributions, lavish dinners, and the prospect of future employment – diminishes consumers’ voices.
How Donald Trump Set Off a Civil War Within the Right-Wing Media
New York Times Magazine – Robert Draper | Published: 9/29/2016
The conservative media has always been a playground for outsize personalities with even more outsize political ambitions. Alongside the institution-builders like William F. Buckley, the landscape has also produced a class of rowdy entrepreneurs who wield their influence in more personal ways. If these figures defied the stuffy ceremony of think tanks, opinion journals, and columnists who traditionally defined the conservative intelligentsia, they rarely challenged the ideological principles of conservatism as they had existed since the Reagan era. What they mostly did was provide the Republican Party with a set of exceptionally loud megaphones, which liberals have often envied and tried unsuccessfully to emulate. Then came Donald Trump. In a sense, the divide that Trump has opened among conservative media figures is simply a function of the heartburn his ascent has caused among Republicans more generally.
Federal:
Democrats Rake in Money, Thanks to Suit by Republicans
New York Times – Nicholas Confessore and Rachel Shorey | Published: 9/30/2016
Democrats denounced it as an assault on democracy and a sop to billionaires when the U.S. Supreme Court issued a ruling two years ago that loosened limits on campaign giving. But Hillary Clinton and Democratic Party leaders are now exploiting the decision, funneling tens of millions of dollars from their wealthiest donors into a handful of presidential swing states. The money followed a legal but circuitous route turbocharged by the 2014 ruling in McCutcheon v. Federal Election Commission, which struck down limits on the combined amount one person could donate at all federal candidates and parties in an election cycle.
Donald Trump Tax Records Show He Could Have Avoided Taxes for Nearly Two Decades, The Times Found
New York Times – David Barstow, Susanne Craig, Russ Buettner, and Megan Twohey | Published: 10/1/2016
Donald Trump reported a $916 million loss on his 1995 tax returns and could therefore have avoided paying federal income taxes for 18 years. Trump’s refusal to release any tax returns has been one of the larger clouds hanging over his campaign and one that Hillary Clinton has sought to exploit. It now appears as though the GOP nominee’s failure to come clean has backfired, with The New York Times article drawing one of the same conclusions that Clinton offered as a possible explanation for Trump’s secrecy in the first presidential debate – that he has paid little or no federal income tax for some time.
How Hillary Clinton Grappled with Bill Clinton’s Infidelity, and His Accusers
New York Times – Megan Twohey | Published: 10/2/2016
Donald Trump has criticized Hillary Clinton over Bill Clinton’s affairs and her response to them, and said he might talk more about the issue in the final weeks before the election. That could be a treacherous strategy for Trump, given his own past infidelity and questionable treatment of women. Many voters, particularly women, might see Hillary Clinton being blamed for her husband’s conduct. It could also remind voters of a searing period in American history, and in Mrs. Clinton’s life. Outwardly, she remained stoic and defiant, defending her husband. But privately, she embraced the Clinton campaign’s aggressive strategy of counterattack: women who claimed to have had sexual encounters with Bill Clinton would become targets of investigation and discrediting, tactics that women’s rights advocates frequently denounce.
Want to be a ‘Foreign Agent’? Serve in US Congress First
Politico – Joseph Schatz and Benjamin Oreskes | Published: 10/2/2016
Of the 1,009 members of Congress who have left Capitol Hill since 1990, 114 of them lobbied for or otherwise represented a foreign government, foreign-owned company, or think tank. The favorable treatment these former lawmakers seek for their clients often bumps against U.S. foreign policy or the interests of the constituents they once served, and, in some cases, they are putting foreign companies over American businesses. While a former lawmaker’s relationships do not always yield concrete results, they can open doors for foreign leaders looking to burnish their country’s reputation – or their own.
From the States and Municipalities:
Florida – Two Years Later, Curbelo Still Keeps List of Past Clients Secret
Miami Herald – Patricia Mazzei | Published: 10/3/2016
U.S. Rep. Carlos Curbelo shut down his government and public affairs consulting company after he won a seat in Congress. He closed the office to comply with a rule that bans federal lawmakers from holding outside employment. That rule, however, does not require former private consultants like Curbelo to disclose who hired them in the past. A loophole in federal disclosure requirements exempted Curbelo from listing his private clients because his firm, Capitol Gains, had been registered under the name of his wife, though she had stopped working there in 2009. Curbelo was always the firm’s principal, drawing a six-figure salary.
Kentucky – Democratic Party Insider Sentenced to 70 Months in Prison for Role in Kickback Scheme
Lexington Herald-Leader – Bill Estep | Published: 9/29/2016
Rebuked for further eroding public confidence in government, a former high-ranking official in Kentucky government was sentenced to nearly six years in prison for orchestrating a kickback scheme. Tim Longmeyer’s sentencing came after he pleaded guilty to a bribery charge for using his influence as head of the Personnel Cabinet to steer contracts to a consulting firm in 2014 and 2015. He admitted to receiving more than $200,000 in kickbacks from the firm. The judge also ordered Longmeyer to pay $203,500 in restitution.
Maryland – Top Lobbyist Represents Winner of Controversial Medical Marijuana License
Baltimore Sun – Michael Dresser | Published: 10/3/2016
The top-earning lobbyist in Annapolis, Gerald Evans, represents a company that was awarded a lucrative marijuana-growing license after a state commission pulled it from the ranks of losers and gave it a winning slot. As a result of the controversial switch, Evans’ son-in-law stands to make a lot of money. Evans represents Holistic Industries LLC, which counts Evans’ son-in-law Richard Polansky among its equity investors. Polansky is married to Evans’ daughter and lobbying partner, Hayley Evans. The commission has stressed it used a process in which evaluators did not know the identities of any of the applicants. The head of the State Ethics Commission said the law does not require a lobbyist to disclose a spouse’s stake in a business the lobbyist represents.
New York – Ethics Panel Investigating de Blasio’s Nonprofit Is Said to Issue Broad Subpoena
New York Times – William Rashbaum | Published: 10/5/2016
A state ethics panel investigating New York City Mayor Bill de Blasio’s political nonprofit organization has served a sweeping subpoena on City Hall seeking communications among the mayor, his aides, the nonprofit, its donors, and consulting firms that worked for it, people with knowledge of the matter said. The scope of the subpoena suggests a widening of the investigation by the Joint Commission on Public Ethics has been focused on whether the group, the Campaign for One New York, illegally lobbied the city in 2015. At the same time, several lawyers representing donors to the group who have been contacted by the panel said the inquiry also appeared to be focused on whether some donations from lobbyists or their clients who have business before the city actually constituted undisclosed gifts to the mayor. Any such undisclosed gifts would violate state lobbying laws.
Ohio – Ohio, Long a Bellwether, Is Fading on the Electoral Map
New York Times – Jonathan Martin | Published: 9/29/2016
After decades as one of America’s most reliable political bellwethers, an inevitable presidential battleground that closely mirrored the mood and makeup of the country, Ohio is suddenly fading in importance this year. Ohio has failed to keep up with the demographic changes transforming the U.S., growing older, whiter, and less educated than the nation at large. And the two parties have made different wagers about how to win the White House in this election: Donald Trump is relying on a demographic coalition that, while well-tailored for Ohio even in the state’s Democratic strongholds, leaves him vulnerable in the more diverse parts of the country where Hillary Clinton is spending most of her time.
Pennsylvania – State Rep. Sims’ Travel, Speaking Fees Raise Questions
City & State Pennsylvania – Ryan Briggs | Published: 10/3/2016
An investigation found Pennsylvania Rep. Brian Sims failed to properly report thousands of dollars in travel reimbursements last year while collecting more than $53,000 in speaking fees since his election in 2012. State lawmakers are banned from collecting speaking fees or other honoraria. In some cases, Sims appears to have belatedly compensated for free trips by paying for his excursions with campaign funds well after the fact, which experts say also skirts an ethical gray area. A spokesperson for Sims, Dan Siegel, defended the numerous paid speaking engagements, asserting they do not violate the state’s honorarium ban because Sims’ “speeches do not address his legislative role.”
Tennessee – Ex-Lobbyist Paid for Private Plane for Beth Harwell, Karl Dean
WBIR – Dave Boucher and Joel Ebert (The Tennessean) | Published: 9/29/2016
On the heels of news that voucher advocate Mark Gill took a group of Tennessee lawmakers on a beach trip, a different voucher advocate, attorney and former lobbyist Lee Barfield, flew legislators and politicians – including House Speaker Beth Harwell, former Nashville Mayor Karl Dean, and House Majority Leader Gerald McCormick – to North Carolina on a private plane in 2015. Barfield is on the board of directors for the American Federation for Children, a pro-voucher advocacy group. He has registered as a lobbyist in the past, but he was not registered at the time he paid for Harwell and Dean to go on the trip. “My understanding of the law, and the rules at the time, is that as a citizen, I am permitted to take these officials if they want to go on a fact-finding trip,” Barfield said.
Wisconsin – U.S. Supreme Court Won’t Take Up Walker Case
Milwaukee Journal Sentinel – Patrick Marley | Published: 10/3/2016
The U.S. Supreme Court turned away without comment an appeal in a case arising from an investigation into campaign spending in Wisconsin. Last year, the Wisconsin Supreme Court shut down a secret probe into spending to oppose an effort to recall Gov. Scott Walker. The Guardian recently disclosed about 1,500 pages of the documents which seemed to show substantial coordination between candidates and ostensibly independent groups. The public version of the prosecutors’ request for a U.S. Supreme Court review was redacted but appeared to address two main questions: whether the Wisconsin Supreme Court had been too lax in policing coordination between candidates and independent groups, and whether two state Supreme Court justices who had benefited from campaign spending should have recused themselves.
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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