February 3, 2023 •
News You Can Use Digest – February 3, 2023
National/Federal At the Supreme Court, Ethics Questions Over a Spouse’s Business Ties Seattle Times – Steve Eder (New York Times) | Published: 1/31/2023 After Chief Justice John Roberts joined the U.S. Supreme Court, his wife, Jane Sullivan Roberts, gave up her […]
National/Federal
At the Supreme Court, Ethics Questions Over a Spouse’s Business Ties
Seattle Times – Steve Eder (New York Times) | Published: 1/31/2023
After Chief Justice John Roberts joined the U.S. Supreme Court, his wife, Jane Sullivan Roberts, gave up her career as a law firm partner to become a legal recruiter to alleviate potential conflicts-of-interest. Now, a former colleague of Mrs. Roberts raised concerns that her recruiting work poses potential ethics issues for the chief justice. Seeking an inquiry, the ex-colleague has provided records to the Justice Department and Congress indicating Mrs. Roberts has been paid millions of dollars in commissions for placing lawyers at firm, some of which have business before the Supreme Court.
Biden Lawyer: FBI finds no classified docs at beach house
Associated Press News – Eric Tucker, Colleen Long, and Zeke Miller | Published: 2/1/2023
The FBI searched President Joe Biden’s vacation home in Rehoboth Beach, Delaware, without finding any classified documents, the president’s attorney said. Agents did take some handwritten notes and other materials relating to Biden’s time as vice president for review. The search was the latest discomfiting moment for a president who has sought to contrast his sensitivity to rule-following with that of Donald Trump, who faces a criminal investigation into his handling of classified documents.
Court Blocks DOJ Review of Scott Perry’s Phone in Jan. 6 Probe
MSN – Spencer Hsu, Jacqueline Alemany, and Rachel Weiner (Washington Post) | Published: 1/31/2023
An appeals court put on hold the search of U.S. Rep. Scott Perry’s phone data in the probe of the Capitol insurrection pending appeal. Perry’s appeal sets the stage for a constitutional test over the scope of immunity held by members of Congress from criminal investigation by the Justice Department under the Constitution’s “speech or debate clause,” which protects legislative work from executive branch interference. House leaders from both parties concluded that at least reviewing Perry’s case and weighing in on its impact on Congress’s constitutional independence is in its best interests.
EU Lobby Register Still Riddled with Errors
EU Observer – Nikolaj Nielsen | Published: 1/31/2023
The European Union’s lobby register remains riddled with errors, as pro-transparency campaigners demand better data and mandatory oversight rules. The latest findings come amid a raft of proposals by the European Parliament president to weed out corruption in the wake of a lobbying scandal. Vicky Cann of the Corporate European Observatory identified some 431 suspicious entries, which were then reviewed by the register’s secretariat. The secretariat then reached out to each one and found only three percent of the original entries were correct.
Google’s Ex-CEO Eric Schmidt Tapped for Federal Biotech Commission That Allows Members to Keep Biotech Investments
CNBC – Eamon Javers | Published: 1/31/2023
Leaders of the House and Senate Armed Services committees announced the selection of former Google Chief Executive Officer Eric Schmidt and 11 others to serve on a new commission on biotechnology. It is tasked with reviewing the biotech industry and suggesting investments that would benefit national security. But the appointment does not require members to divest their own personal biotech investments. Schmidt holds stakes in several biotech companies, placing him in a position to potentially profit if those companies are the beneficiaries of a new wave of federal spending.
GOP Report Shows Plan to Ramp Up Focus on Disproven Election Fraud Claims
MSN – Amy Gardner and Isaac Arnsdorf (Washington Post) | Published: 1/31/2023
A new internal report prepared by the Republican National Committee proposes creating a permanent infrastructure in every state to ramp up “election integrity” activities in response to perceptions within GOP ranks of widespread fraud and abuse in the way the country selects its leaders. The report suggests building a massive new party organization involving state-level “election integrity officers” and intensive new training models for poll workers and observers, all based on unsubstantiated claims that Democrats have implemented election procedures that allow for rigged votes.
How Barr’s Quest to Find Flaws in the Russia Inquiry Unraveled
DNyuz – Charlie Savage, Adam Goldman, and Katie Benner (New York Times) | Published: 1/26/2023
Then-Attorney General William Barr in 2019 set out to dig into the theory the investigation to Donald Trump’s 2016 campaign ties to Russia likely stemmed from a conspiracy by intelligence or law enforcement agencies. Barr turned to prosecutor John Durham to prove the theory, and later granted him special counsel status. But after almost four years, Durham’s work is coming to an end without uncovering anything like the deep state plot alleged by Trump and suspected by Barr. The New York Times found Durham’s inquiry was marked by some of the very same flaws that Trump allies claim characterized the Russia investigation.
Hunter Biden’s Lawyers, in Newly Aggressive Strategy, Target His Critics
MSN – Matt Viser (Washington Post) | Published: 2/1/2023
Hunter Biden’s lawyers sent a series of letters to state and federal prosecutors urging criminal investigations into those who accessed and disseminated his personal data and sent a separate letter threatening Fox News host Tucker Carlson with a defamation lawsuit. The string of letters, which included criminal referrals and cease-and-desist missives aimed at critics and detractors, marked the start of a new and far more hard-hitting phase for the president’s son just as House Republicans prepare their own investigations into him.
‘Just Off K Street’ Lobbyist Sheds Instagram Alias and Day Job
Bloomberg Law – Jack Fitzpatrick | Published: 1/26/2023
The lobbyist behind the popular Instagram account about Washington’s lobbying culture is stepping away from the daily grind on Capitol Hill, but not before shedding her anonymity. Katie McMichael, manager of government relations at Aurora Innovation, said she will maintain her “Just Off K Street” Instagram presence, but she is taking a reprieve from government affairs to spend more time with her family. Most of her 1,500 posts frequently lament the exhausting absurdity of Congress, told from the perspective of a bedraggled industry association lobbyist just trying to get through the day.
Justice Department Asks FEC to Stand Down as Prosecutors Probe Santos
MSN – Isaac Stanley-Becker and Emma Brown (Washington Post) | Published: 1/27/2023
The Justice Department asked the FEC to hold off on any enforcement action against U.S. Rep. George Santos, who lied about key aspects of his biography as prosecutors conduct a parallel criminal probe. The request also asked the FEC to provide any relevant documents to the Justice Department. The FEC ordinarily complies with the department’s requests to hold off on enforcement. Those requests arise from a 1977 memorandum of understanding between the agencies that addresses their overlapping law enforcement responsibilities.
National Archives Asks Past Presidents, VPs to Look for Classified Items
MSN – Jacqueline Alemany (Washington Post) | Published: 1/26/2023
The National Archives sent a letter to representatives of living former presidents and vice presidents asking them to review their personal records to verify that no classified materials are outstanding. The request comes after a limited number of records bearing classified markings were found in recent weeks at President Biden’s home and a think tank bearing his name, as well as at the home of former Vice President Mike Pence.
Redistricting Lawsuits Could Shape the 2024 Battle for House Control
MSN – Daniel Altimari (Roll Call) | Published: 1/30/2023
The reconfiguration of political districts after the 2020 census resulted in a flood of legal challenges, some of which remain unresolved. The 15 states with ongoing litigation include New York and Texas – home to 64 seats combined – along with the battleground state of Georgia. After Republicans flipped nine seats in November, Democrats need to win five back to retake the majority, so redrawn maps could be a factor in shaping party control in the 2024 elections.
Rep. George Santos Is Stepping Down from Committees Amid Fabrications About His Biography
MSN – Meryl Kornfield, Leigh Ann Caldwell, and Marianna Sotomayor (Washington Post) | Published: 1/31/2023
Embattled U.S. Rep. George Santos told House Republicans he will step down temporarily from his committee assignments amid multiple investigations into his campaign finances after he lied about key aspects of his biography. The temporary retreat from committees marks Santos’s first major concession after weeks of maintaining a steadfast resistance to any consequences over his fabrications.
Statehouse Efforts to Avoid Partisan Gridlock Hit Obstacles
Yahoo News – Amee LaTour (The Hill) | Published: 1/31/2023
Leaders in state Legislatures across the country have turned to cross-party alliances and power-sharing agreements as they seek to avoid the political deadlock that has hindered lawmakers in Congress, but signs are emerging that some of those efforts might be in vain. It underscores the fact that while these coalitions may enable lawmakers to avoid political paralysis at least temporarily, they are not a cure-all for the hyper-partisanship plaguing the country as a whole.
Trump’s Evolution in Social Media Exile: More QAnon, more extremes
Yahoo News – Ken Bensinger and Maggie Haberman (New York Times) | Published: 1/29/2023
In September, former President Trump went on Truth Social and shared an image of himself wearing a lapel pin in the form of the letter Q, along with a phrase closely associated with the QAnon conspiracy theory movement: “The storm is coming.” In doing so, Trump ensured the message would be hugely amplified, visible to his more than 4 million followers. Even as Meta, the parent company of Facebook and Instagram, announced Trump would be reinstated, there is no sign he has curtailed his behavior or stopped spreading the kinds of messages that got him exiled in the first place.
From the States and Municipalities
Arizona – Arizona Republicans Exempt Lawmakers from the State’s Open-Records Law
MSN – Patrick Marley and Yvonne Wingett Sanchez (Washington Post) | Published: 1/26/2023
Arizona Republicans shielded legislators from the state’s open-records law, a move that comes months after the release of thousands of documents detailing extensive efforts to undermine Joe Biden’s victory in the 2020 presidential election in the state. Senators will not have to disclose any text messages sent on personal devices, even when dealing with state business. For lawmakers in both the Senate and the House, emails and other documents will be destroyed after 90 days – in many cases, well before members of the public know to ask for them.
Arizona – GOP Leaders Pressure Hobbs to Donate $1.3M in Excess Inaugural Cash
KJZZ – Howard Fischer (Capitol Media Services) | Published: 1/26/2023
The top two Republican lawmakers want Arizona Gov. Katie Hobbs to put money left over from the inaugural celebration into a state account, where it cannot be used to elect more Democrats. House Speaker Ben Toma and Senate President Warren Petersen called on her to surrender control of what is left from the more than $1.5 million she collected for the celebration. At the same time, the costs totaled only about $207,000.
Florida – Hide Your Books to Avoid Felony Charges, Fla. Schools Tell Teachers
MSN – Hannah Natanson (Washington Post) | Published: 1/31/2023
School officials in at least two Florida counties, Manatee and Duval, have directed teachers to remove or wrap up their classroom libraries. The removals come after the State Board of Education ruled a state law restricting the books a district may possess applies not only to schoolwide libraries but to teachers’ classroom collections, too. The law mandates that schools’ books be age-appropriate, free from pornography, and “suited to student needs.” Breaking the law is a third-degree felony, meaning a teacher could face up to five years in prison and a $5,000 fine for displaying or giving students a disallowed book.
Florida – Penalty Decided for Manatee Commissioner Baugh Who Violated Ethics in Vaccine Rollout
MSN – Ryan Callihan (Bradenton Herald) | Published: 1/27/2023
The Florida Ethics Commission on Ethics accepted Manatee County Commissioner Vanessa Baugh’s proposed settlement over scheduling herself an appointment for the COVID-19 vaccine site she helped organize. Baugh was ordered to pay $8,000 and accept a public reprimand. Baugh sent an email to county staff with personal information for herself, a developer, and two former neighbors. Staff members said they understood the list to be a clear directive to ensure those people received a COVID-19 vaccine. At the time, more than 100,000 people were in the county’s vaccine waiting pool.
Illinois – Ethics Board Warns Candidates: Don’t use uniformed cops in your ads
WTTW – Heather Cherone | Published: 2/1/2023
The Board of Ethics warned candidates running for mayor, city council, and Police District Council to not use images of uniformed Chicago police officers, firefighters, or city personnel in campaign advertisements. U.S. Rep. Jesús García edited his first television advertisement in the race for mayor to remove images of the candidate talking to two uniformed officers while promising to get tough on crime. Representatives of the police department confirmed the two officers were under investigation.
Illinois – Jury Finds Son of Former State Rep. Edward Acevedo Guilty of Tax Evasion Charges with Ties to ComEd Bribery Probe
MSN – Jason Meisner (Chicago Tribune) | Published: 1/30/2023
The son of former state Rep. Edward Acevedo was found guilty of tax evasion charges that were an offshoot of the investigation into Commonwealth Edison’s (ComEd) alleged attempts to influence then-Illinois House Speaker Michael Madigan. Alex Acevedo was convicted for underreporting his lobbying income by about $70,000 in 2016 and 2018, resulting in a total tax loss of about $20,000. Though relatively minor in scope, the indictment against Alex Acevedo, along with separate charges filed against his younger brother and their father, received widespread attention due to the connection to the ComEd probe.
Iowa – State Agency Can’t Enforce Iowa’s Campaign Finance Laws; Asks Lawmakers for Changes
KCRG – Ethan Stein | Published: 1/27/2023
According to data from the Iowa Ethics and Campaign Disclosure Board, thousands of politicians and advocacy groups have received fines for submitting campaign finance reports late. An investigation found hundreds of fines have not been paid because state law does not set a deadline for when the penalty is paid. It also found the agency’s data is inaccurate and campaigns, along with advocacy groups, were not notified about penalties.
Kansas – Kansas Republicans Tried to Oust Ethics Head Amid Subpoenas. Will They Try Again?
Yahoo News – Andrew Bahl (Topeka Capital-Journal) | Published: 1/26/2023
Kansas Senate President Ty Masterson wants to reopen discussions about the scope and management of the Kansas Governmental Ethics Commission as the office pursues an investigation into campaign finance violations involving Republican officials. Masterson did not provide details on what action would be pursued but he said that under previous directors, lawmakers looked to the commission for guidance and cannot anymore. Although the ethics agency is an independent body that has jurisdiction to investigate lawmakers, Masterson said legislative efforts to change the commission were appropriate.
Massachusetts – Mass. Republican Party Elects New Leader, Rejecting Chairman Jim Lyons’ Bid for Third Term
MSN – Emma Platoff (Boston Globe) | Published: 1/31/2023
After years of dismal election results and weak fundraising, the Massachusetts Republican Party picked a new leader, narrowly rejecting the embattled chairperson, Jim Lyons. in favor of Amy Carnevale, a lobbyist for K&L Gates who promised to steady the party and reverse its electoral decline. Documents obtained by the Globe showed Lyons used party funds to investigate two fellow Republicans. He also appears to have communicated directly with an outside PAC about digging up dirt on Gov. Maura Healey during last year’s election.
Missouri – Former St. Louis County Official Sentenced to Prison for COVID Relief Kickback Scheme
St. Louis Post-Dispatch – Katie Kull | Published: 1/26/2023
A former St. Louis County jail official who was long involved with politics and government was sentenced to 18 months in federal prison for engaging in a pandemic relief kickback scheme. While still working for the county, Tony Weaver filled out fraudulent applications and sought kickbacks from a small businessperson who applied for multiple grants during the COVID-19 pandemic, a scheme Assistant U.S. Attorney Hal Goldsmith said revealed Weaver’s “unbridled arrogance.”
New Mexico – New Mexico Bill to Restrict Lobbyist ‘Revolving Door’ Advances
Albuquerque Journal – Dan McKay | Published: 1/30/2023
A proposal moving through the New Mexico Senate would prohibit former legislators and executive branch appointees from returning immediately to the Capitol as paid lobbyists. The legislation was sharply expanded in committee. The change adds employees who serve at will under the governor to the two-year lobbying ban. At least 20 former legislators and state officials are among the hundreds of people registered to lobby this session, though many of them served several years ago.
New Mexico – New Mexico Considers Roasted Chile as Official State Aroma
MSN – Susan Montoya Bryan (Associated Press) | Published: 2/1/2023
The smell of green chile roasting on an open flame permeates New Mexico every fall, wafting from roadside stands and grocery store parking lots. Now one state lawmaker says it is time for everyone to wake up and smell the chile. Sen. Bill Soules’ visit with fifth grade students in his district sparked a conversation about the hot peppers and the potential for New Mexico to become the first state to have an official state aroma, a proposal now being considered by lawmakers.
New York – Hochul’s Vow to Boost Ethics and Sexual Harassment Training Falls Flat
DNyuz – Jay Root (New York Times) | Published: 1/29/2023
On her first day as governor of New York, Kathy Hochul vowed to overhaul policies on ethics and sexual harassment in the government workplace. Her predecessor, Andrew Cuomo, had just resigned amid a sexual harassment scandal. Hochul said she would strengthen the training, requiring state workers to participate in live classes and seminars. No longer would employees “click their way through a class,” Hochul said. Nearly a year and a half later, there is still no universal live training in either subject for the state’s work force.
New York – Inside George Santos’s District Office: Nothing to see here
Buffalo News – Dana Rubinstein (New York Times) | Published: 1/30/2023
The storefront in the Tudor Revival building in the Douglaston neighborhood of Queens has lived many lives: It was a flower shop; the satellite office of former U.S. Rep. Thomas Suozzi, whose name still adorns the green awning. Now it is home to perhaps its most notorious tenant: U.S. Rep. George Santos. With the northern half of Long Island’s Nassau County falling into Santos’s district, County Executive Bruce Blakeman has said he will direct all federal constituent calls to Anthony D’Esposito, another Long Island representative. “My office will have no interaction with George Santos or his staff until he resigns,” said Blakeman, a Republican.
New York – Lobbying on LaSalle Nomination Shows Apparent Gap in Reporting Requirements
Albany Times Union – Joshua Solomon | Published: 1/30/2023
Citizens for Judicial Fairness spent between $75,000 to $100,000 on its brief efforts trying to influence the vote of state senators on the Judiciary Committee as they considered New York Gov. Gov. Kathy Hochul’s nomination of Hector LaSalle for chief judge of the Court of Appeals. State law is silent on the issue of nominations and appointments to public office, according to a spokesperson for the state’s ethics commission. It leads to a near-impossible dynamic for observers who want to follow either the money or those seeking to influence the nominations.
New York – Manhattan Prosecutors Present Trump Case to Grand Jury
Buffalo News – William Rashbaum, Ben Protess, Jonah Bromwich, and Hurubie Meko (New York Times) | Published: 1/30/2023
The Manhattan district attorney’s office began presenting evidence to a grand jury about Donald Trump’s role in paying hush money to a porn star during his 2016 presidential campaign, laying the groundwork for potential criminal charges against the former president in the coming months. The grand jury was recently impaneled, and the beginning of witness testimony represents a clear signal that the district attorney, Alvin Bragg, is nearing a decision about whether to charge Trump.
North Dakota – North Dakota Senate Cuts Back Ethics Panel’s Bill to Expand Authority
Bismarck Tribune – Jack Dura | Published: 1/31/2023
North Dakota’s ethics panel might not get everything it sought in a bill for tweaks to state laws. The Senate approved legislation advanced by the Ethics Commission for several requested changes, including a proposed but deleted expansion to include nearly 9,000 more state employees under its authority. Changes also include extending the time frame to notify an accused person of an ethics complaint, and adding criteria for who can make complaints.
Ohio – Corporate Jets, Bribes and Dark Money: Householder trial spotlights weaknesses in Ohio ethics laws
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 1/29/2023
Aspects of Larry Householder’s corruption prosecution show grey areas or even loopholes in Ohio ethics laws that either enabled his activities or, perhaps, made them legal. But lawmakers have taken no substantive action to address any of the ethical issues underlined in the case, with several bills stalling despite at times getting bipartisan support. On the eve of the trial’s start, a group of House Republicans announced a proposed set of ethics reforms they said would address some of the issues exposed by the scandal. But the bill, which has yet to be introduced, has an uncertain future.
Oregon – Oregon Elections Director Who Worked for Democratic Party Will Not Recuse Herself from Investigation into Party’s Crypto Donor
Portland Oregonian – Hillary Borrud | Published: 2/1/2023
Oregon’s new elections director, Molly Woon, will not recuse herself from the investigation into a $500,000 donation the state Democratic Party received from an FTX executive last year even though she previously worked as a top employee of the party. In October, the Democratic Party accepted the contribution the party claimed was from a Las Vegas cryptocurrency company Prime Trust. But Prime Trust was not the actual donor. Under state law, it is a felony to make a campaign contribution under a “false name” and elections employees are deciding whether the case should be forwarded to the state attorney general for prosecution.
Pennsylvania – Lobbyist Says She Was Harassed by Current Pa. Lawmaker, Wants Legislature to Change Misconduct Rules
Spotlight PA – Stephen Caruso | Published: 1/27/2023
A lobbyist for one of Pennsylvania’s most influential unions says a sitting state lawmaker sexually harassed her, and she is urging the Legislature to expand internal rules that govern who can bring misconduct complaints. Andi Perez, who advocates on behalf of Service Employees International Union, made the allegation during a listening session organized by new Speaker Mark Rozzi. He has scheduled a series of public meetings to solicit feedback about the House’s operating procedures Amid a partisan deadlock over which party controls the chamber.
Rhode Island – AG’s Office Nixes $40,000 in Funding as NAACP President Faces Campaign-Finance Charges
Yahoo News – Mark Reynolds and Amy Russo (Providence Journal) | Published: 1/27/2023
Gerard Catala, the newly elected president of the Providence NAACP and a former city council candidate, faces criminal prosecution for failing to report on the finances of his 2022 campaign as required by state law. Because of the charges against Catala, the state attorney general’s office will withhold the $40,000 it had planned to give the branch over the course of four years. The funds were part of a large grant from the U.S. Department of Justice meant to support “hate-crime prevention and education.”
South Dakota – House Kills Bill That Would Have Increased Campaign Donation Limits
KEVN – Austin Glass | Published: 1/31/2023
The South Dakota House defeated a bill that would have increased the campaign contribution limits for individuals and entities. Proponents said the increase would be good in light of inflation. But opponents said the current system works well and increasing the caps would allow wealthy donors to have more influence.
Texas – Ex-Legislator Tests Lobbying Revolving Door Law by Repping Big Energy Companies
MSN – Lauren McGaughy (Dallas Morning News) | Published: 1/27/2023
A former Texas representative is testing a state law meant to crack down on the “revolving door” between the Legislature and lobbying firms. Chris Paddie chaired a powerful House’s committee that held hearings to demand answers from energy firms after 2021’s deadly winter storm. Now, he has registered to lobby for a handful of the same power companies he was previously tasked with scrutinizing. His activities come despite a law that bans state legislators from becoming lobbyists within two years of using their own campaign cash to donate to other politicians.
Virginia – GOP-Led Panel Again Defeats Campaign Finance Reform
MSN – Sarah Rankin (Associated Press) | Published: 2/1/2023
A Virginia House panel voted down legislation that would prohibit lawmakers from using campaign funds for personal expenses such as a vacation, mortgage, or country club membership. Virginia’s elected officials are currently outliers in the nation for their ability to spend money donated to their campaigns on virtually anything. Similar legislation is still alive in the Senate, but the vote signals it is likely to meet a similar fate should it cross to the House.
Washington – As Capital Gains Tax Goes to WA Supreme Court, a Push to ‘Microtarget’ Justices
Seattle Times – David Gutman | Published: 1/26/2023
As the Washington Supreme Court prepares to decide the fate of the state’s new capital gains tax, a conservative think tank, whose leadership sued to stop the tax, is “microtargeting” the state’s nine justices with an ad campaign. The Washington Policy Center wrote to donors recently outlining its advertising strategy as the justices prepare to hear challenges to the tax. The campaign focused on areas “where justices spend the bulk of their time (work and home) as well as secondary places our research found that may be relevant,” the think tank wrote to supporters.
Washington – Prominent Lobbyist Barred from WA Capitol After Ruling He Stalked State Representative
Seattle Times – Jim Brunner | Published: 1/31/2023
A prominent lobbyist was barred from the Capitol campus after a judge ruled that he had stalked a state representative, leading her to flee her home for months. Rep. Lauren Davis last year obtained a domestic violence protective order against lobbyist Cody Arledge, citing what she said was an escalating pattern of obsessive and threatening behavior after she broke off their romantic relationship. Their dispute is now before the state Court of Appeals, where Arledge is challenging the restrictions on him as an “Orwellian” violation of his constitutional right to privacy and ability to work. Davis’s attorneys are defending the restrictions as necessary to protect her.
January 26, 2023 •
News You Can Use Digest – January 27, 2023
National/Federal 2-Year Sentence for Hawaii Woman’s Trump Lobbying Scheme MSN – Associated Press | Published: 1/18/2023 An American consultant was sentenced to two years in prison for an illicit lobbying effort to get the Trump administration to drop an investigation into […]
National/Federal
2-Year Sentence for Hawaii Woman’s Trump Lobbying Scheme
MSN – Associated Press | Published: 1/18/2023
An American consultant was sentenced to two years in prison for an illicit lobbying effort to get the Trump administration to drop an investigation into the multibillion-dollar looting of a Malaysian state investment fund, and to arrange for the return of a Chinese dissident living in the U.S. Nickie Mali Lum Davis pleaded guilty in 2020 to one count of aiding and abetting in violation of the Foreign Agents Registration Act.
Classified Documents Found at Pence’s Indiana Home
MSN – Jamie Gangel, Jeremy Herb, and Evan Perez (CNN) | Published: 1/24/2023
A lawyer for former Vice President Mike Pence discovered about a dozen documents marked as classified at Pence’s Indiana home and he has turned those classified records over to the FBI. The Justice Department’s National Security Division and the FBI have launched a review of the documents and how they ended up in Pence’s house. Pence asked his lawyer to conduct the search of his home out of an abundance of caution, and the attorney began going through four boxes, finding a small number of documents with classified markings.
Cyberthieves Jacked a U.S. Senator’s Campaign and Stole Hundreds of Thousands of Dollars
MSN – Dave Levinthal (Raw Story) | Published: 1/23/2023
Cyberthieves stole hundreds of thousands of dollars from the campaign committee of U.S. Sen. Jerry Moran and the FBI is investigating. It is the latest in a series of thefts from the political accounts of prominent politicians, party committees, trade associations, and advocacy groups representing all points across the political spectrum. Together, the money lost early in this decade has soared into the millions of dollars.
Dark Money Group Linked to Leonard Leo Is Dissolved
MSN – Heidi Przybyla (Politico) | Published: 1/20/2023
A “dark money” group tied to conservative judicial activist Leonard Leo was dissolved three days after Politico inquired about whether it helped to facilitate the multi-million-dollar sale of former White House senior adviser Kellyanne Conway’s polling company. The BH Fund, which was formed in 2016 with an anonymous $24 million donation, has been a nerve center for distributing millions of dollars around Leo’s network of groups bolstering former President Trump’s Supreme Court picks.
Four Oath Keepers Convicted of Jan. 6 Seditious Conspiracy
Associated Press News – Michael Kunzelman and Alanna Durkin Richer | Published: 1/24/2023
Four members of the Oath Keepers were convicted of seditious conspiracy in the attack on the Capitol in the second major trial of far-right extremists accused of plotting to forcibly keep Donald Trump in power. It is another major victory for the Justice Department, which is also trying to secure sedition convictions against the former leader of the Proud Boys and four associates. It was one of the most serious cases brought so far in the sweeping January 6 investigation which continues to grow two years after the insurrection.
Judge Sanctions Trump, Habba Nearly $1 Million for ‘Completely Frivolous’ Clinton Suit
MSN – Kyle Cheney and Josh Gerstein (Politico) | Published: 1/20/2023
A federal judge ordered nearly $1 million in sanctions against Donald Trump and his attorney Alina Habba, calling the former president a “mastermind of strategic abuse of the judicial process.” U.S. District Court Judge Donald Middlebrooks said Trump’s sprawling lawsuit against Hillary Clinton and dozens of former Justice Department and FBI officials was an almost cartoonish abuse of the legal system. Trump continues to face peril in advancing criminal probes and civil lawsuits related to his effort to overturn the 2020 election and his retention of sensitive national security records at his Mar-a-Lago estate after leaving office.
Justice Dept. Search of Biden Home in Wilmington Turns Up More Documents
MSN – Matt Viser and Tyler Pager (Washington Post) | Published: 1/21/2023
The Justice Department completed an extensive search of President Biden’s home in Wilmington and turned up additional classified documents, some of which date to his time in the U.S. Senate and others from his eight-year tenure as vice president. After being given full access to Biden’s home, the Justice Department took possession of six items. The department also took some of Biden’s handwritten notes from his vice-presidential years to further review them.
Lobbying Gold Rush May Persist Despite Divided Congress
Yahoo News – Karl Evers-Hillstrom (The Hill) | Published: 1/23/2023
K Street lobbying firms expect a historic earnings boom to continue, even as a divided Congress threatens to slow legislation to a crawl. The top firms reported massive earnings for the final three months of 2022, capping off a record-breaking year for K Street. The strong fourth-quarter performance, which defied election season norms, boosted hopes that corporations will continue to spend big on lobbyists in the new year.
Meta to Reinstate Donald Trump’s Facebook Account
MSN – Rebecca Kern (Politico) | Published: 1/25/2023
Meta will lift the ban on Donald Trump’s Facebook and Instagram accounts after a suspension that lasted more than two years. The decision restores the former president’s access to a platform that he used to powerful effect as a campaigner and could potentially boost his faltering 2024 fundraising. But a Trump return could also lead to more election misinformation on the platform, Democrats warn, since Facebook has a policy of not fact-checking candidates. The company said Trump will have to abide by new rules if he decides to post again, but ultimately decided to reinstate him because the public deserves to hear from politicians.
Mystery Deepens Around George Santos’s $700,000 in Campaign Loans
Seattle Times – Michael Gold and Nicholas Fandos (New York Times) | Published: 1/24/2023
An updated campaign finance report raised new questions about the source of six-figure loans that U.S. Rep. George Santos gave his congressional campaign. In previous filings, the Santos campaign has reported he lent his own campaign more than $700,000. But in an update to a report originally filed in April 2022, the campaign unmarked a box that had originally indicated $500,000 of those loans came from Santos’s own personal funds. Experts said they were struggling to interpret the change, especially because in filings from later in 2022, the box marking “personal funds of the candidate” remains checked.
Students Want New Books. Thanks to Restrictions, Librarians Can’t Buy Them.
MSN – Hannah Natanson (Washington Post) | Published: 1/22/2023
States and school districts nationwide have begun to constrain what librarians can order. At least 10 states have passed laws giving parents more power over which books appear in libraries or limiting students’ access to books. At the same time, school districts are passing policies that bar certain kinds of texts – most often, those focused on issues of gender and sexuality – while increasing administrative or parental oversight of acquisitions. School librarians said in the past they had wide latitude to choose the books they thought would best supplement the curriculum and stimulate students’ literary appetites.
Supreme Court Asks Biden Administration to Weigh in on Social Media Case
MSN – Robert Barnes and Cat Zakrzewski (Washington Post) | Published: 1/23/2023
The U.S. Supreme Court asked the Biden administration to weigh in on whether states may bar giant social media platforms from removing certain types of political speech, a major First Amendment case that could determine how the constitutional right to free speech applies to the marketplace of ideas on the internet. At stake is the constitutionality of state laws in Florida and Texas that would restrict platforms such as Facebook, Twitter, and YouTube from blocking or limiting political speech, and require transparency in how such decisions are made.
Supreme Court Says It Can’t Determine Who Leaked Draft Dobbs Opinion
MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 1/19/2023
The U.S. Supreme Court said it cannot identify the person who in the spring leaked a draft of the opinion that overturned Roe v. Wade, an inconclusive likely finale to what the justices declared “one of the worst breaches of trust” in the court’s history. Although the report did not indicate it was against the law to disclose the draft opinion, those interviewed were told they could be fired if they refused to answer or did not truthfully respond to questions. The report did not indicate clearly whether the justices themselves or others close to them were questioned.
US: Ex-FBI counterintelligence agent aided Russian oligarch
MSN – Michael Sisak and Eric Tucker (Associated Press) | Published: 1/23/2023
A former high-ranking FBI counterintelligence official who investigated Russian oligarchs was indicted on charges he secretly worked for one, in violation of U.S. sanctions. The official was also charged in a separate indictment with taking cash from a former foreign security officer. Charles McGonigal, the special agent in charge of the FBI’s counterintelligence division in New York from 2016 to 2018, is accused in an indictment of working with a former Soviet diplomat-turned-Russian interpreter on behalf of Oleg Deripaska, a Russian billionaire they purportedly referred to in code as “the big guy” and “the client.”
From the States and Municipalities
Arizona – Voter Fraud Unit in Arizona Will Shift Focus to Voter Rights
Las Vegas Sun – Neil Vigdor (New York Times) | Published: 1/23/2023
Arizona’s new Democratic attorney general, Kris Mayes, is redirecting an election integrity unit her Republican predecessor created, focusing its work instead on addressing voter suppression. The unit’s former leader, Jennifer Wright, meanwhile, has joined a legal effort to invalidate Mayes’s narrow victory in the November election. Former Attorney General Mark Brnovich, a Republican who ran unsuccessfully for the U.S. Senate last year, created the office to investigate voter fraud complaints in Arizona, a battleground state.
California – Ex-State Democratic Party Leader Who Helped FBI in Anaheim Probe Agrees to Plead Guilty to Wire Fraud
MSN – Hannah Fry and Gabriel San Román (Los Angeles Times) | Published: 1/19/2023
A California Democratic Party leader who was central to a wide-reaching corruption investigation in Anaheim involving the proposed sale of Angel Stadium agreed to plead guilty to attempted wire fraud. Melahat Rafiei was a well-known political consultant in Orange County. In late 2019, according to a plea agreement, Rafiei told a commercial cannabis company owner she would work to pass a marijuana related ordinance in Anaheim that would benefit the business in exchange for a payment of at least $300,000.
California – Former L.A. Councilmember Jose Huizar Pleads Guilty in Corruption Case
MSN – Michael Finnegan and David Zahniser (Los Angeles Times) | Published: 1/19/2023
Former Los Angeles City Councilperson José Huizar pleaded guilty to two federal charges stemming from a bribery and money laundering scheme in which he took more than $1.5 million in cash, gambling trips, and escorts in exchange for his support of a planned hotel project. Prosecutors said they will request a 13-year prison term. Huizar will also pay restitution of about $1.85 million. The plea deal came after developers were convicted of bribing Huizar and an array of other players at City Hall pleaded guilty to felonies.
Florida – Florida Blocks High School African American Studies Class
Yahoo News – Anthony Izaguirre (Associated Press) | Published: 1/19/2023
Florida Gov. Ron DeSantis’s administration blocked a new Advanced Placement course on African American studies from being taught in high schools, saying it violates state law and is historically inaccurate. DeSantis has opposed what he calls liberal ideologies in schools, including lessons around critical race theory, which examines systemic racism and has become a frequent target of conservatives.
Florida – ‘This Is Not Over.’ Judge Says DeSantis Was Wrong, but Declines to Restore Andrew Warren to Office
MSN – Dan Sullivan and Sue Carlton (Tampa Bay Times) | Published: 1/20/2023
Despite concluding Gov. Ron DeSantis violated the Florida Constitution and the First Amendment last year when he suspended Hillsborough State Attorney Andrew Warren, a federal judge ruled he did not have the power to restore Warren to office. U.S. District Court Judge Robert Hinkle found DeSantis suspended Warren based on the allegation that the state attorney had blanket policies not to prosecute certain kinds of cases. Yet Hinkle concluded the U.S. Constitution prohibits a federal court from awarding the kind of relief Warren seeks – namely, to be restored to office.
Georgia – Fulton County DA Says Charging Decisions in Trump Investigation Are ‘Imminent’
MSN – Holly Bailey (Washington Post) | Published: 1/24/2023
An Atlanta-area district attorney investigating whether former President Trump and his allies broke the law when they sought to overturn Trump’s 2020 election loss in Georgia said charging “decisions are imminent.” Fulton County District Attorney Fani Willis told a judge that a special grand jury report into the matter should remain sealed to protect the ongoing criminal investigation and the rights of potential “defendants” in the case. Willis’s comments came during a hearing on whether to release the final report of the special grand jury, which was formally dissolved after a roughly eight-month investigation into alleged 2020 election interference.
Idaho – Idaho Legislature Introduces Bill Creating Waiting Period Before Officials Can Become Lobbyists
Idaho Capital Sun – Clark Corbin | Published: 1/23/2023
Legislation in Idaho would prohibit lawmakers, executive branch employees, and other elected officials from registering as a lobbyist or lobbying during the next regular legislative session and for at least six months after leaving office. Although it had bipartisan support and similar “revolving door” provisions are common in most other states, the House State Affairs Committee had a tricky time with the bill.
Illinois – Ethics Board Sends Lightfoot Campaign Complaints to Watchdogs
MSN – A.D. Quig (Chicago Tribune) | Published: 1/23/2023
The Chicago Board of Ethics decided more thorough investigations needed to be done before rendering judgment about whether Mayor Lori Lightfoot’s campaign violated city ethics rules when it solicited public school teachers to encourage students to help her reelection efforts. The board tasked the inspectors general for both City Hall and Chicago Public Schools to conduct investigations into the matter.
Illinois – Former Cook County Board of Review Employee Sentenced to 3 Months in Prison for Taking Bribes to Fix Tax Appeals
MSN – Adriana Pérez (Chicago Tribune) | Published: 1/24/2023
A former employee of the Cook County Board of Review was sentenced to three months in prison and at least one year of probation for taking bribes to fix tax appeals on more than two dozen properties. Unbeknownst to Barjaktarevic, an individual named in documents as “CS-1” was a confidential source operating at the direction of the FBI. Barjaktarevic told the source he would accept $2,000 to lower assessments for each commercial property, while he would charge $1,000 for each residential property, for a total cost of $43,000.
Illinois – Swept Into Office by Promises of Reform, Lightfoot Faces New Scrutiny on Ethics Record
WTTW – Heather Cherone | Published: 1/18/2023
Lori Lightfoot won every ward in her first bid for mayor after her campaign was fueled by promises that she alone could end the notion that placing Chicago government and integrity in the same sentence is an oxymoron at best, or a joke at worst. Lightfoot’s campaign for a second term has been weighed down by a growing amount of evidence that she has at times governed more like an old-school machine politician than a reformer. Lightfoot has said her administration has made strides in pushing back against corruption.
Maine – House Speaker Calls on Waldoboro Lawmaker to Resign After He Was Indicted for Signature Fraud
Maine Public Radio – Steve Mistler | Published: 1/24/2023
A newly elected member of the Maine House of Representatives was indicted for allegedly forging multiple signatures to obtain public funds through the state’s public campaign finance system. Rep. Clinton Collamore is accused of forging the signatures of more than two dozen people to receive financing for his successful legislative campaign through the Clean Election Act. According to the state’s ethics commission, he received more than $14,000 through the program.
Massachusetts – E-mails Appear to Show Coordination Between Mass. GOP Chairman and Outside PAC, in Alleged Violation of State Law
MSN – Emma Platoff (Boston Globe) | Published: 1/18/2023
Embattled Massachusetts Republican Party Chairperson Jim Lyons appears to have communicated directly with an outside PAC about digging up dirt on Gov. Maura Healey during last year’s election, according to emails. The emails follow accusations levied by the state GOP’s treasurer, who told party officials he believed the coordination between Lyons and the PAC violated state campaign finance laws and he would report the matter to state regulators. The treasurer, Pat Crowley, has previously clashed with Lyons over party finances.
Michigan – Who Funded Michigan Campaigns? For Nearly Every Legislator, It Wasn’t the Folks They Ran to Represent.
MLive – Simon Schuster | Published: 1/24/2023
When new district maps were finalized at the end of 2021, many incumbent state legislators and first-time candidates pivoted to appealing for votes from new communities they had not reached out to in the past. But did lawmakers rely on the people they hoped to represent to fund their campaigns? According to a new analysis of campaign finance records, the answer is largely no. PACs remain the dominant force in legislative fundraising, and their financial footprint has grown significantly over the last decade. PACs can donate 10 times as much as individuals, and many incumbent legislators create PACs as a means of wielding influence with their colleagues.
Minnesota – Why Some Want to Make Public Spending on Political Campaigns in Minnesota Less Like Menards Rebates
MSN – Peter Callaghan (MinnPost) | Published: 1/24/2023
In Minnesota, individuals can donate to politicians using tax dollars, but only a small percentage of residents use the system. The process is awkward. People contribute $50 and get a receipt. Then they must fill out a form, mail it in or file on a government website, and wait for two state agencies to verify their eligibility. Then they get a reimbursement check. Supporters of a new bill want to simplify the system and increase usage with “Democracy Dollars,” a program pioneered in Seattle.
Nebraska – Watchdog Group Says State Capitol Bible Study Leader Should Register as Lobbyist
Nebraska Examiner – Paul Hammel | Published: 1/20/2023
Arin Hess, the chaplain and president of Capitol Studies, holds Bible study sessions for Nebraska lawmakers and staff members during the legislative session. While Hess says he is merely maintaining a four-decade-long tradition of “serving civil servants with Scripture” at the Capitol, some watchdogs, along with at least one state senator, contend what happens at those studies amounts to lobbying and Hess should register as one. Common Cause Nebraska said his teachings have led to the introduction of bills and his work fits the definition of a lobbyist.
Nevada – Nevada’s New Governor Vilified Lobbyist’s Influence in COVID Lab Scandal, Then Asked Him to Help with Budget
ProPublica – Anjeanette Damon (Nevada Independent) | Published: 1/25/2023
During his contentious campaign to become Nevada governor, Joe Lombardo accused the Democratic incumbent of catering to the family of a donor and their lobbyist who helped an error-prone COVID-19 testing lab get licensed in the state. Shortly after he won the race, Lombardo turned to that same lobbyist for help in building the state budget, giving him access to confidential documents and putting him in a position that allowed him to advocate for state funding sought by his clients. Lobbyist Mike Willden’s name does not appear on the list of people Lombardo appointed to his transition team.
New Mexico – Proposal Aims to Keep Legislators from Drinking While on the Job
Albuquerque Journal – Dan McKay | Published: 1/23/2023
For some New Mexico legislators, drinking is part of the Capitol culture. At least a few have been known to keep alcohol in their offices. And it is common for lawmakers to head to dinner before a late-night floor session at restaurants serving alcohol. But Sen. Harold Pope Jr. said he has seen enough. The first-term legislator is proposing a Senate rule that would prohibit members of the chamber from drinking alcohol before committee meetings or floor sessions. They could not drink during the meetings either.
New York – City Council Passes New Disclosure Requirements for Spending to Influence Votes on Ballot Referendums
Gotham Gazette – Ethan Geringer-Sameth | Published: 1/18/2023
The New York City Council passed legislation that requires entities spending to influence voters in local referendums to disclose their funders. The bill would close a loophole in the city’s campaign finance law that watchdogs have decried for years. If signed by the mayor, independent expenditures of $5,000 or more would be subject to disclosure. It also requires ads for or against ballot questions to include a “paid for by” notice, including the names of up to three of its top donors
New York – Email Describes Hochul Meeting Before $637 Million Deal with Donor for Covid-19 Tests
Buffalo News – Chris Bragg | Published: 1/23/2023
New York Gov. Kathy Hochul’s administration used emergency authority to buy $637 million in coronavirus tests through a company owned by a major Hochul campaign donor. Hochul and her allies have insisted the governor did not have any direct involvement in the deal. The governor said her “only involvement” was directing her team to purchase as many tests as possible from any available sources. But an email from the company’s owner, Charlie Tebele, suggested he may have directly discussed Covid-19 tests with Hochul at a campaign fundraiser Tebele had thrown for the governor.
New York – Trump Withdraws Second Lawsuit Against New York Attorney General
MSN – John Wagner (Washington Post) | Published: 1/24/2023
Donald Trump withdrew a second lawsuit against New York Attorney General Letitia James related to her office’s fraud probe of his business practices. No reason was given for the withdrawal. Trump first filed the lawsuit in federal court in Syracuse, claiming James was violating his rights and that of his company by pursuing a politically motivated investigation. After a judge in May found “no evidence” James had acted with bias, Trump appealed the ruling. The withdrawal of the appeal was the second time in five days that Trump had abandoned litigation against James, who is pursuing a $250 million against Trump.
Ohio – ‘Clear as Mud’: Ohio’s new voting restrictions from GOP raise alarm
MSN – Meryl Kornfield (Washington Post) | Published: 1/19/2023
Weeks after a Republican-backed voting law significantly reshaped Ohio’s election procedure, local officials, advocates, and voters are still making sense of the changes and how the alterations could restrict who might cast ballots in 2024. Legal challenges of the law could further complicate the situation: A federal lawsuit brought against Ohio Secretary of State Frank LaRose by groups representing the homeless, teachers, seniors, and veterans argues the restrictions are unconstitutional and suppress votes.
Ohio – Ohio’s Historic Corruption Case Tests Limits of Citizens United
Bloomberg Law – Alex Ebert | Published: 1/20/2023
Former House Speaker Larry Householder and ex-Ohio Republican Party Chairperson Matt Borges are on trial in what federal prosecutors have called the largest corruption case in the state’s history. Prosecutors allege Householder, Borges, and consultants Jeffrey Longstreth, Neil Clark, and Juan Cespedes accepted millions of dollars in “dark money” from FirstEnergy to pass legislation that included a $1 billion bailout for the utility’s nuclear power plants. The defense maintains the arrangement was politics as usual and protected by the U.S. Supreme Court in its Citizens United v. FEC decision and other precedent.
Pennsylvania – Refusal to Release Inaugural Donors Exposes Gap in Pa. Law
MSN – Marc Levy (Associated Press) | Published: 1/23/2023
Pennsylvania Gov. Josh Shapiro’s refusal to disclose who paid for his inaugural bash exposed the gap in state law that lets governors escape the kind of transparency that is sometimes required elsewhere. Presidential inaugural committees are required by federal law to disclose donors who give over $200 to inaugural celebrations. States like Virginia, Maryland, and New Jersey have such laws, as do cities including New York and Philadelphia, where city officials also cap the amount that an individual donor can give to an inauguration. Many other states have no such disclosure laws.
Pennsylvania – Shapiro Bars Gifts from Lobbyists, Requires Ethics Training
Pittsburgh Post-Gazette – Capitolwire | Published: 1/20/2023
Pennsylvania Gov. Josh Shapiro signed an executive order barring staff under his jurisdiction from accepting gifts from lobbyists and requiring state officials to sign an ethics pledge and complete ethics training. Eric Fillman, chief counsel for the House Ethics Committee who will lead the ethics training, said the new gift ban is intended to provide a degree of reasonableness that will ensure lobbyists cannot use gifts to gain undue influence while at the same time ensuring state officials can accept modest gifts from members of the community.
Virginia – Campaign Finance Reform Advocates Put Pressure on Virginia General Assembly
OpenSecrets – Jimmy Clothier | Published: 1/25/2023
A coalition of grassroots organizations gathered at the Virginia General Assembly to urge state lawmakers to pass campaign finance reform. While lawmakers have already rejected some proposals, multiple bills that failed in prior legislative sessions advanced out of committee. Others are up for consideration in the coming days. Virginia’s laws governing political spending are among the least restrictive in the country, with virtually no limits on the amount of money state politicians can accept from donors, as well as loopholes that allow for the personal use of campaign funds.
Wisconsin – 2023’s Biggest, Most Unusual Race Centers on Abortion and Democracy
DNyuz – Reid Epstein (New York Times) | Published: 1/25/2023
Wisconsin will hold an election that carries bigger policy stakes than any other contest in 2023. The April race for a seat on the state’s evenly divided Supreme Court will determine the fate of abortion rights, gerrymandered legislative maps, and the governor’s appointment powers – and perhaps even the state’s 2024 presidential election if the outcome is again contested. The contest will almost certainly shatter spending records for a judicial election in any state. The seat is nonpartisan in name only. Indeed, the clash for the court is striking because of how nakedly political it is.
Wyoming – Bill Would Prohibit Former Legislators from Immediately Becoming Lobbyists with 2-Year Wait Period
Cowboy State Daily – Leo Wolfson | Published: 1/23/2023
The Wyoming Legislature is considering a bill that would prevent former state lawmakers from serving as lobbyists within two years after leaving elected office. Under House Bill 146, those who violate the waiting period could face up to $5,000 in fines. Rep. Scott Smith, who sponsored the bill, said his attention was drawn to the issue when he learned his opponent in last summer’s Republican primary, former Rep. Shelly Duncan, had become a lobbyist. Until Smith was sworn in this year, Duncan was the House District 5 representative.
January 20, 2023 •
News You Can Use Digest – January 20, 2023
National/Federal Billions at Stake as Online Fundraising Practices Turn Off Voters MSN – Jessica Piper (Politico) | Published: 1/17/2023 Llyod Cotler, the founder of Banter Messaging, advises friends and family to write a check if they want to make political contributions […]
National/Federal
Billions at Stake as Online Fundraising Practices Turn Off Voters
MSN – Jessica Piper (Politico) | Published: 1/17/2023
Llyod Cotler, the founder of Banter Messaging, advises friends and family to write a check if they want to make political contributions and avoid online giving, lest their emails and phone numbers end up on lists that recirculate through the campaign world for eternity. That advice reflects a recognition among digital campaign staff that text and email programs have gone from innovative to out of hand, to the point that it is harming the campaign ecosystem. The rate of return on individual appeals is falling compared to a few years ago, as candidates and outside groups find themselves targeting the same pool of donors.
FEC Dismisses GOP Complaint Over Gmail Spam Filter
MSN – Isaac Stanley-Becker (Washington Post) | Published: 1/17/2023
The FEC dismissed a complaint brought by Republican campaign groups arguing that Gmail spam filters disproportionately flagged GOP fundraising emails in a way that amounted to a prohibited in-kind contribution to Democrats. Google’s spam technology ignited a controversy last year, as GOP groups blamed the technology for a dip in fundraising.
Free Speech or Out of Order? As Meetings Grow Wild, Officials Try to Tame Public Comment.
MSN – Karin Brulliard (Washington Post) | Published: 1/17/2023
Across a polarized nation, governing bodies are restricting – and sometimes even halting – public comment to counter what elected officials describe as an unprecedented level of invective, misinformation, and disorder from citizens when they step to the microphone. As contentious social issues roil once-sleepy town council and school board gatherings, some officials say allowing people to have their say is poisoning meetings and thwarting the ability to get business done.
Garland Appoints Special Counsel to Review Biden Documents
Yahoo News – Kyle Cheney, Josh Gerstein, and Kelly Hooper (Politico) | Published: 1/12/2023
Attorney General Merrick Garland appointed a special counsel, former U.S. attorney Robert Hur, to review the storage of sensitive documents discovered in spaces used by President Biden during the years preceding his return to the White House. Garland’s decision to place the probe under supervision of a special counsel ratchets up the legal stakes for Biden, who has stressed he takes the matter seriously while saying he was surprised to learn about the existence of the documents.
George Santos Pocketed $3,000 in Donations for Dying Dog, Veteran Alleges
MSN – Timothy Bella (Washington Post) | Published: 1/18/2023
U.S. Rep. George Santos is accused of pocketing $3,000 from a GoFundMe page he set up for a homeless veteran to help pay for surgery for the man’s dying service dog. After he realized he could not afford the thousands of dollars needed for the surgery, a veterinarian tech recommended U.S. Navy veteran Richard Osthoff get in touch with a man named Anthony Devolder, who ran a pet charity that could help his dog. Anthony Devolder was one of the aliases used by Santos before he lied about much of his biography to win a seat in the House.
GOP Congressman Linked to Jan. 6 Probe Assigned to House Committee Investigating Biden
MSN – Amy Wang and Azi Paybarah (Washington Post) | Published: 1/18/2023
U.S. Rep. Scott Perry’s efforts to overturn the results of the 2020 presidential election in favor of Donald Trump attracted the attention of the Department of Justice, which seized Perry’s cellphone as part of its investigation into the events leading up to the insurrection, when a pro-Trump mob overran the U.S. Capitol seeking to stop the certification of Joe Biden’s victory. That did not prevent Perry from being named to the powerful House Oversight and Accountability Committee, along with several other of Trump’s most controversial allies.
How Restaurant Workers Help Pay for Lobbying to Keep Their Wages Low
Yahoo News – David Fahrenthold and Talmon Joseph Smith (New York Times) | Published: 1/17/2023
Before starting a new job, many cooks, waiters, and bartenders pay $15 to a company called ServSafe for an online class in food safety. ServSafe doubles as a fundraising arm of the National Restaurant Association, the largest lobbying group for the food-service industry. The association has spent decades fighting increases to the minimum wage at the federal and state levels, as well as the subminimum wage paid to tipped workers. For years, the restaurant association and its affiliates have used ServSafe to create an arrangement with few parallels in Washington, where labor unwittingly helps to pay for management’s lobbying.
Statehouse Democrats Embrace an Unfamiliar Reality: Full power
Yahoo News – Mitch Smith (New York Times) | Published: 1/18/2023
Democrats will have control of the governorship and both legislative chambers in 17 states. That is still fewer than the 22 states where Republicans have full control, but it is a major comeback from a lost decade for state-level Democrats, who as recently as 2017 had sole control at only six Capitols. Slightly more people will now live in states with full Democratic control than in those with full Republican control. What remains untested, though, is whether Democrats can or will wield their newfound authority with the same unflinching force that Republicans exerted over the last decade.
Supreme Court Poised to Reconsider Key Tenets of Online Speech
DNyuz – David McCabe (New York Times) | Published: 1/19/2023
For years, giant social networks like Facebook and Twitter have operated under two crucial tenets. The first is that the platforms have the power to decide what content to keep online and what to take down, free from government oversight. The second is that the websites cannot be held legally responsible for most of what their users post online, shielding the companies from lawsuits over libelous speech, extremist content, and real-world harm linked to their platforms. Now the U.S. Supreme Court is poised to reconsider those rules.
The Speaker Vote Underscored How Money Is So Central to Politics Today
MSN – Tal Kopan (Boston Globe) | Published: 1/16/2023
Money is a regular part of leadership battles in Congress, where fundraising prowess is practically a job requirement, and there have long been debates about whether dedicated congressional campaign committees should spend to protect incumbent lawmakers from upstart challengers. But the deals cut during the vote for House speaker involved entities that legally are supposed to be separate from specific candidates and parties, specifically the Congressional Leadership Fund and a PAC related to Club for Growth.
Two States Still Observe King-Lee Day, Honoring Robert E. Lee with MLK
MSN – Meena Venkataramanan (Washington Post) | Published: 1/16/2023
As the country celebrated Martin Luther King Jr. Day on January 16, two states observed a different holiday: King-Lee Day, which commemorates both King and Confederate general Robert E. Lee. Mississippi and Alabama mark King-Lee Day as a state holiday. Texas still celebrates Confederate Heroes Day on Lee’s actual birthday, January 19, and its state employees can take a paid holiday on both days. For many Black Southerners, these holidays are part of a broader effort to glorify the Confederacy, 158 years after its secessionist war effort went down in defeat.
What the Jan. 6 Probe Found Out About Social Media, But Didn’t Report
MSN – Cat Zakrzewski, Cristiano Lima, and Drew Harwell (Washington Post) | Published: 1/17/2023
The January 6 committee spent months gathering new details on how social media companies failed to address the online extremism and calls for violence that preceded the Capitol riot. The evidence they collected was written up in a 122-page memo that was circulated among the panel. But committee leaders declined to delve into those topics in detail in their final report, reluctant to dig into the roots of domestic extremism taking hold in the Republican Party beyond Donald Trump and concerned about the risks of a public battle with powerful tech companies.
From the States and Municipalities
Arizona – Where Did Arizona Gov. Hobbs’ Inaugural Funds Come From?
KAWC – Howard Fischer (Capitol Media Services) | Published: 1/15/2023
Arizona Gov. Katie Hobbs has been under pressure to release information on the sources of funds for the inaugural event since it was reported she was not fully disclosing the names of all the individuals or corporations paying for the celebration. She subsequently put a full list of the names in a booklet that was given out at the event and listed them on an inaugural web site. Now there is a report from the administration giving a full accounting of how much each has donated.
Arkansas – Former Legislator Wilkins Sentenced to a Year and a Day on Bribery Plea
Arkansas Democrat-Gazette – Dale Ellis | Published: 1/18/2023
Former Arkansas Sen. Henry Wilkins was sentenced to a year and a day in prison and ordered to pay $123,000 in restitution after pleading guilty to bribery. Wilkins was involved in a scheme that brought down a number of state legislators as well as executives of a nonprofit that provided Medicaid-funded counseling services to troubled youth and adults in Arkansas.
California – Deal or No Deal? A Corruption Case Spins Out of Control with a Judge’s Last-Minute Change of Heart
Los Angeles Times – Richard Winton | Published: 1/13/2023
For more than a decade, tax consultant Ramin Salari fought charges that he had bribed former Los Angeles County Assessor John Noguez in a “pay-for-play” conspiracy. Then Salari reversed course, agreeing to a deal with prosecutors that called for him to plead guilty to a single charge and pay more than $9 million in penalties in exchange for a sentence that spared him from time in prison. But things did not go according to plan. In weighing whether to approve the deal, Los Angeles County Superior Court Judge Stephen Marcus refused, then relented, then refused again – throwing the long-running case against Salari, Noguez, and others into chaos.
California – Ex-San Jose Mayor’s Public Records Reforms Spark Alarm
San Jose Spotlight – Tran Nguyen | Published: 1/15/2023
In one of his last actions in office, former San Jose Mayor Sam Liccardo wants to reform how the city complies with transparency laws, a move experts say could limit the public’s access to the inner workings of City Hall. Liccardo, whose legacy as a council member and mayor is plagued by transparency-related lawsuits and violations, is calling for revising the city’s process for responding to public records requests, citing the need to cut down costs, reduce delays, and avoid errors. He also wants to explore changes to the city’s document retention policies.
Connecticut – They Make Money Videotaping Officials. Why and How Some CT Leaders Want to Stop Them
Middletown Press – Sandra Diamond Fox | Published: 1/16/2023
Public officials in Connecticut are considering ways to react legislatively to a growing group of people who consider themselves First Amendment rights activists and make money by creating YouTube videos of themselves walking into Town Halls and other public offices unannounced and taping them. While the YouTubers say they are defending the Constitutional rights of all and performing a service that helps the community, many officials and employees say the activists’ actions disrupt their workplaces. In local incidents, police have been called and sometimes officials or the YouTubers get arrested or into other legal trouble.
Florida – DeSantis Inauguration Sponsored by Companies He Loves to Bash
MSN – Isaac Arnsdorf (Washington Post) | Published: 1/18/2023
Florida Gov. Ron DeSantis has built his national profile, and possibly a future presidential run, on challenging major companies on controversial social issues. But some of those same companies and their lobbyists bankrolled his recent inaugural festivities. The donations underscore how DeSantis maintains corporate ties even while he works to burnish his image as taking on “woke” corporations.
Hawaii – Honolulu Permitting Inspector OK’d His Own Company’s Projects
Honolulu Civil Beat – Christina Jedra | Published: 1/18/2023
An inspector in the Honolulu Department of Planning and Permitting (DPP) has been running an electrical company on the side for over a decade and has inspected and approved more than a dozen of his own projects, public records show. Arthur Suverkropp, a supervising electrical inspector, is also the head of K&A Electric. The company has applied for some 350 permits from DPP since 2007. Dawn Takeuchi Apuna, DPP’s director designate, said the department was unaware of the situation until The Honolulu Civil Beat contacted the office for comment.
Illinois – ACLU of Illinois Says Lightfoot Campaign Emails to Chicago Teachers May Violate Federal Law; CPS Inspector General Opens Investigation
WTTW – Heather Cherone | Published: 1/12/2023
The decision by Mayor Lori Lightfoot’s reelection campaign to send emails to Chicago Public Schools (CPS) teachers asking them to encourage their students to earn class credit by volunteering to help Lightfoot win a second term as mayor may have violated federal law, according to the American Civil Liberties Union of Illinois. The emails have also prompted responses from the Chicago Board of Ethics and the city’s inspector general and the CPS inspector general.
Maryland – Former Delegate Pleads Guilty to Misconduct in Office for Misusing State Funds to Pay for Middle River Cottage
Maryland Matters – William Zorzi | Published: 1/13/2023
Former Maryland Del. Richard Impallaria pleaded guilty to one count of misconduct in office and agreed to pay the state $44,100 in restitution. Prosecutors said Impallaria paid his landlord with rental payments from the General Assembly for a “district office” that was outside his district and next door to a cottage he rented for personal use from the same landlord. They alleged Impallaria paid twice the rent on the “office” cottage, charging the full cost to the Legislature while rent on his personal cottage was simultaneously lowered to $0.
Maryland – Judges Can Attend Inauguration Gala for Md. Governor, Ethics Panel Rules
Maryland Daily Record – Madeleine O’Neill | Published: 1/12/2023
Judges can attend the swearing-in and inaugural festivities for Governor-elect Wes Moore as long as they follow certain guidelines, the Maryland Judicial Ethics Committee said in an opinion. Tickets to the gala can cost between $125 and $1,000, according to the event’s website. The ethics panel concluded it was permissible for judges to attend the event because tickets were available to all members of the public.
Massachusetts – Mass. GOP Chairman May Have Violated Campaign Finance Law, Party Treasurer Alleges, in Escalating Woes for State Republican Party
MSN – Emma Platoff (Boston Globe) | Published: 1/12/2023
Chairperson Jim Lyons seems to have coordinated with an independent PAC in apparent violation of campaign finance law, the state party treasurer told regulators. Treasurer Pat Crowley believes Lyons improperly coordinated with an outside spending group, the Mass Freedom Independent Expenditure Political Action Committee, in engaging an opposition research firm to dig up dirt on Gov. Maura Healey during last year’s race. The prospect of possible violations is the latest in a string of legal and financial challenges for the struggling state GOP.
Missouri – Missouri State Lawmakers Revise Their Dress Code for Women
Yahoo News – Eduardo Medina (New York Times) | Published: 1/16/2023
The Missouri House revised its dress code for female legislators and staff members, requiring them to wear a jacket, such as a blazer or a cardigan, and setting off a debate about policing the fashion choices of women. The updated code drew criticism from some Democratic lawmakers, who described the Republican-backed effort as sexist and pointless. Supporters said it was a small tweak that would help ensure professionalism inside the chamber.
Nebraska – Veteran Head of Political Accountability Commission to Retire in August
Nebraska Examiner – Paul Hammel | Published: 1/12/2023
Frank Daley Jr., who has been executive director of the Nebraska Political Accountability and Disclosure Commission since 1999, announced he will retire in August. Daley called his job “fascinating” but said he will be 69 by August and felt it was time to “look at something else.” Daley served as legal counsel for the commission prior to taking the executive director’s job. He is the fifth person to hold the job.
New Mexico – Election-Fraud Conspiracies Behind Plot to Shoot at New Mexico Democrats’ Homes, Police Say
MSN – Amy Gardner and Dan Rosenzweig-Ziff (Washington Post) | Published: 1/17/2023
The arrest of a defeated candidate for the New Mexico Legislature on charges he orchestrated a plot to shoot up the homes of four Democratic officials in Albuquerque prompted widespread condemnation as well as accusations that the stolen-election rhetoric among supporters of former President Trump continues to incite violence. Albuquerque police said Solomon Peña, who lost a state House race in November by a nearly two-to-one margin but complained his defeat was rigged, hatched the plot. Police accused him of conspiring with four accomplices to drive past the officials’ homes and fire at them.
New York – NYC Council Bills Could Slow ‘Revolving Door’ Between City Hall and Lobbying Agencies
Gothamist – Brigid Bergin | Published: 1/18/2023
A new legislative package would make it harder for high-ranking New York City officials to cash in on lucrative lobbying jobs as soon as they leave public service. The two bills in the city council would increase the length of time and scope of lobbying restrictions that apply to certain former municipal employees and local elected officials. Currently, top former city officials like deputy mayors and commissioners face a two-year ban from lobbying and appearing before their former agency or branch of government.
Ohio – How Dark Money Groups Led Ohio to Redefine Gas as ‘Green Energy’
MSN – Maxine Joselow (Washington Post) | Published: 1/17/2023
Ohio Gov. Mike DeWine recently signed legislation that legally redefines natural gas as “green energy.” Natural gas is a fossil fuel and a significant cause of climate change. The Empowerment Alliance, a “dark money” group with ties to the gas industry helped Ohio lawmakers push the narrative that that the fuel is clean, documents show. The American Legislative Exchange Council, another anonymously funded group whose donors remain a mystery, assisted in the effort. The legislation took an unusual path through the Ohio Senate, where it was an amendment to a bill focused on poultry purchases.
Ohio – How Sports Betting, Nuclear Bailouts and Undercover FBI Agents Collided in Ohio’s Historic Public Corruption Scandal
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 1/15/2023
In 2019, two FBI agents and an informant sat for a meeting in the office of a lobbyist who they suspected was a crook. The gathering was organized to discuss influencing sports betting legislation in Ohio. But the conversation turned to Larry Householder, at the time the speaker of the state House. Householder will face trial soon in a public corruption case prosecutors have described as the largest in state history. In a case bogged down in the finer points of campaign finance and utility law, the FBI agents’ cloak and dagger approach yielded statements the government is using as express proof of a bribery scheme.
Ohio – Military Families Frustrated as States Change Mail Ballot Timelines
Yahoo News – Julie Carr Smyth and Gary Fields (Associated Press) | Published: 1/15/2023
Ohio’s new election law significantly shortens the window for mailed ballots to be receive, despite no evidence the extended timeline has led to fraud or any other problems, and that change is angering active-duty members of the military and their families because of its potential to disenfranchise them. Republican lawmakers said during debate on the bill that even if Donald Trump’s claims that late-arriving ballots played a nefarious role in his reelection loss are not true, the skepticism they have caused among conservatives about the accuracy of election results justifies imposing new limits.
Ohio – Ohio House Republicans Push Ethics Reform Bill Ahead of Householder Corruption Trial
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 1/18/2023
A group of Ohio House Republicans are calling for changing state ethics law to require greater disclosure from lobbyists and utility board nominees while restricting elected officials from holding corporate board positions, among other changes. The announcement comes days before former Speaker Larry Householder is scheduled to begin his trial on federal corruption charges. Bill supporters said the timing was somewhat coincidental.
Oklahoma – Campaign Watchdog Sees Evidence of Abuses but Lacks the Funding to Prosecute
Yahoo News – Ben Felder (Oklahoman) | Published: 1/13/2023
The Legislature has not given the Oklahoma Ethics Commission the money needed to prosecute cases of campaign finance law violations, said Ashley Kemp, the commission’s executive director. The ethics agency can seek civil penalties in District Court but taking a case to trial can be costly. Just one trial case can cost one-third of the agency’s budget, Kemp said.
Oregon – Shemia Fagan and Her Elections Director Disagreed About Disclosing Campaign Finance Violations. Here They Are.
Willamette Week – Nigel Jaquiss | Published: 1/18/2023
Oregon Secretary of State Shemia Fagan and the elections director she forced out last year, Deborah Scroggin, disagreed whether the agency should publish a website disclosing campaign finance reporting violations. The Elections Division had worked on such a website for a year only to have Fagan’s management team repeatedly reject Scroggin’s pleas to let it go live. Willamette Week has published the cases with the 12 largest fines, for more than $2,000 each.
Pennsylvania – Driven by Election Deniers, This County Recounted 2020 Votes Last Week
Yahoo News – Trip Gabriel (New York Times) | Published: 1/15/2023
Under pressure from conspiracy theorists and election deniers, 28 employees of Lycoming County on January 10, 2023, counted – by hand – nearly 60,000 ballots from the 2020 presidential contest. It took three days and an estimated 560 work hours. The results of the recount – like earlier ones of the 2020 election in Wisconsin, Georgia, and Arizona – revealed no evidence of fraud. The numbers reported more than two years ago were nearly identical to the numbers reported last week. Forrest Lehman, the county director of elections, oversaw the recount but opposed it as a needless bonfire of time, money, and common sense.
Utah – The Office of the Lt. Gov. of Utah Is Considering Punishing Gene Davis for Using Campaign Funds to Fight Allegations of Sexual Misconduct
Local Today – Emily Anderson Stern (Salt Lake City Tribune) | Published: 1/14/2023
Former Utah Sen. Gene Davis used more than $10,000 of his campaign funds to pay legal fees to challenge allegations of sexual misconduct, a campaign finance report shows. Lt. Gov. Deidre Henderson’s office said she was considering penalties for the spending. Davis’s campaign paid attorney Benjamin Grindstaff $10,837.50 in November. Grindstaff represented Davis when he was accused by a former intern and campaign worker of repeatedly touching her and behaving in a way that made her uncomfortable. State law has strict rules about how a candidate can use campaign funds.
Vermont – Campaign Finance Watchdog Files FEC Complaint Against Liam Madden for Funneling Donations Through Family
VTDigger.org – Sarah Mearhoff | Published: 1/18/2023
Nearly three months after failed congressional candidate Liam Madden described on the radio a self-funded scheme to inflate his campaign fundraising numbers, a campaign finance watchdog group has filed a complaint against Madden with the FEC. Asked by the show’s hosts to respond to critics’ scrutiny of Madden’s campaign finance filings, particularly a $5,300 donation reportedly made by his toddler son, Madden said he “drained” his wife’s business’s bank account, distributed roughly $25,000 among family members, then directed his family members to donate the money to his campaign.
Virginia – ‘A Missed Opportunity’: Virginia subcommittee on campaign finance reform has little to show after 2-year study
OpenSecrets – Jimmy Cloutier | Published: 1/13/2023
A Virginia legislative panel formed to study campaign finance reform failed to deliver its final report in yet another setback for advocates who say the cost of elections in the commonwealth is untenable. Virginia’s rules governing election spending are among the least restrictive in the country, with virtually no limits on the amount of money individuals and corporations can donate to state politicians. The General Assembly created the subcommittee almost two years ago to review potential reforms, including limits on donations and new disclosure requirements.
Virginia – Virginia Senate Panel Blocks Campaign Finance Reform Bills, Again
Virginia Mercury – Graham Moomaw | Published: 1/17/2023
Shortly after a Virginia Senate committee defeated legislation creating an across-the-board $20,000 cap on donations to candidates for the General Assembly and executive branch offices, the same panel voted down another bill that would have only banned political contributions from publicly regulated utilities like Dominion Energy. Senators warned of unintended consequences if Virginia were to move away from its unlimited, transparency-based campaign finance system to setting caps on how much money candidates can accept from one source.
Washington – Lawsuit Filed Over State Lawmakers’ Use of ‘Privilege’ to Deny Access to Public Records
The Olympian – Shauna Sowersby | Published: 1/11/2023
A new lawsuit challenges the use of “legislative privilege” by Washington lawmakers to withhold public records. Public records from multiple sources also showed lawmakers have invoked the privilege more frequently within the last year. In 2019, the state Supreme Court voted ruled in favor of The Associated Press’s lawsuit to reject “lawmakers’ assertion that they are not required to turn over daily schedules, emails, text messages, and other materials related to their work.”
Wyoming – Remote Participation Shut Out of Two Legislative Committees
WyoFile – Maggie Mullen | Published: 1/16/2023
Two legislative committee chairpersons closed the door on remote public testimony, limiting who can participate in the lawmaking process. Committee hearings are the only public opportunity to testify or otherwise formally weigh in on proposed legislation. Stakeholders can also call or email lawmakers directly, but such correspondence is not public record. The Legislature has benefited from additional public testimony made possible by Zoom in recent years, according to Sen. Chris Rothfuss. At the same time, he does not think the Legislature has the policy quite right.
January 13, 2023 •
News You Can Use Digest – January 13, 2023
National/Federal At Proud Boys Trial, U.S. Aims to Win Another Seditious Conspiracy Case MSN – Rachel Weiner (Washington Post) | Published: 1/9/2023 Henry “Enrique” Tarrio and four other members of his right-wing group Proud Boys are standing trial on charges of […]
National/Federal
At Proud Boys Trial, U.S. Aims to Win Another Seditious Conspiracy Case
MSN – Rachel Weiner (Washington Post) | Published: 1/9/2023
Henry “Enrique” Tarrio and four other members of his right-wing group Proud Boys are standing trial on charges of seditious conspiracy in a case that will test the limits of a rarely used law. Prosecutors will seek to convince a jury the riot at the U.S. Capitol was not the spontaneous outburst of a misguided mob but an assault on democracy galvanized by dedicated extremists. The strongest evidence against the Proud Boys comes from on and around January 6, as they discussed storming the Capitol and members of the group engaged in violence. The government’s challenge will be tying that to a broader political plot.
Attorneys Clash in E. Jean Carroll Defamation Case Against Trump
MSN – Keith Alexander (Washington Post) | Published: 1/10/2023
An appeals court heard arguments on whether Donald Trump was acting within his job as president when he denied a writer’s allegations that he sexually assaulted her in the mid-1990s. Lawyers for E. Jean Carroll argued Trump acted as a private citizen when he denied raping Carroll, and therefore can be sued like anyone else. Trump’s lawyers and an attorney for the Justice Department countered that his responses were made as part of his job as president, which would effectively end Carroll’s case against him.
Here Are the K Street Lobbyists Closest to McCarthy
Yahoo News – Karl Evers-Hillstrom (The Hill) | Published: 1/11/2023
U.S. Rep. Kevin McCarthy’s ascension to speaker of the House could be a boon for a small group of lobbyists within his inner circle. He has relied on a small handful of lobbyists for advice and fundraising help. Now those allies are a hot commodity among corporate clients eager to make inroads with McCarthy, who is in lockstep with corporate America on economic policy but has chastised major companies for wading into social and political issues.
House Narrowly Approves Rules Amid Concerns About McCarthy’s Concessions
Seattle Times – Catie Edmondson (New York Times) | Published: 1/9/2023
House Republicans pushed through an overhaul of operating rules for the new Congress, overcoming the concerns of some rank-and-file members about concessions that Speaker Kevin McCarthy made to the hard right in the desperate and drawn-out process of securing his job. Taken together, the rules increase transparency around how legislation is put together. But they could also make it difficult for the House to carry out even its most basic duties in the next two years, such as funding the government, including the military, or avoiding a catastrophic federal debt default.
How Kevin McCarthy Survived the GOP Revolt to Become House Speaker
MSN – Isaac Arnsdorf, Mariana Sotomayor, Michael Scherer, and Josh Dawsey (Washington Post) | Published: 1/8/2023
Months of posturing and saber-rattling at last gave way to serious talks on changing how the new House would operate, which eventually led to Kevin McCarthy winning the speakership. What emerged was a deal that would secure McCarthy his prize only by diminishing it and putting the House on a collision course for more crises like the one just barely resolved, next time over funding the government or raising the debt limit.
Official U.S. Capitol Tour Guides Told to Only Mention Jan. 6 If Asked
Yahoo News – Joe Heim (Washington Post) | Published: 1/5/2023
Visitors on official guided tours of the U.S. Capitol are peppered with facts about its rich history. But they probably will not hear a word about the January 6, 2021, attack by supporters of Donald Trump who were seeking to stop the certification of Joe Biden’s electoral win. Guides have been told to only refer to January 6 if questioned on a tour, according to former tour guides and people familiar with the Capitol Visitor Center’s operations. It is a policy that in many ways reflects a country at odds with itself, unable to agree on fact and truth and reluctant to engage on the history of a day that threatened democracy.
Scandal-Hit EU Assembly Set to Move on Anti-Corruption Plan
Yahoo News – Lorne Cook (Associated Press) | Published: 1/11/2023
Spurred into action by a major corruption scandal, European Parliament President Roberta Metsola wants to prevent former lawmakers from lobbying on behalf of businesses or governments soon after they leave office and to make public the names of current members who break assembly rules. Metsola also seeks tougher checks on lobbyists and the public listing of any meetings that lawmakers may have with them. The plans were divulged a month after Belgian authorities arrested four people on charges of corruption, money laundering, and participation in a criminal organization.
Second Biden Search Yields Additional Classified Documents
MSN – Devlin Barrett, Matt Viser, Tyler Pager, and Perry Stein (Washington Post) | Published: 1/11/2023
President Biden’s personal lawyers discovered a small number of classified documents at the Penn Biden Center for Diplomacy and Global Engagement, an institute Biden started after serving as vice president. Legal representatives for the president then announced they found additional classified material at a second location. White House officials have said they are cooperating with the Justice Department and that Biden’s lawyers quickly handed over the documents to the National Archives and Records Administration.
The Mysterious, Unregistered Fund That Raised Big Money for Santos
DNyuz – Alexandra Berzon and Grace Ashford (New York Times) | Published: 1/12/2023
A month before George Santos was elected to Congress, one of his large campaign donors was asked to consider making another sizable contribution. The request came from a Republican loyalist on behalf of RedStone Strategies, which was described in an email to the donor as an “independent expenditure” group. The donor sent $25,000 to a bank account belonging to RedStone Strategies. But where the donor’s money went is unclear. The FEC said it had no evidence RedStone Strategies was registered as a political group, and there do not appear to be any records documenting its donors, contributions, or spending.
The New Soldiers in Propane’s Fight Against Climate Action: Television stars
DNyuz – Hiroko Tabuchi (New York Times) | Published: 1/11/2023
For DIY enthusiasts, Matt Blashaw is a familiar face, judging bathroom remodels or planning surprise home makeovers on popular cable television shows. He also has a strong opinion about how Americans should heat their homes: by burning propane. Less well known is Blashaw is paid by a fossil fuel industry group that has been running a furtive campaign against government efforts to move heating toward electricity made from cleaner sources. The Propane Education and Research Council has spent millions of dollars on “provocative anti-electrification messaging,” using influencers like Blashaw, according to the group’s internal documents.
Trump Campaign Officials Got Subpoena Asking New Questions About Jan. 6
MSN – Josh Dawsey, Devlin Barrett, and Rosalind Helderman (Washington Post) | Published: 1/11/2023
A wide-ranging subpoena sent to Donald Trump’s campaign officials in December shows new areas of investigative interest as part of the Justice Department’s extensive January 6 criminal probe, and lawyers say a grand jury focused on the day’s events and related fundraising has increased its activities in recent months. The document seeks more than two dozen categories of information and includes some questions that were not part of a series of similar subpoenas that were sent to several dozen people in September.
From the States and Municipalities
Alaska – Wasilla Lawmaker Advised Not to Solicit Campaign Funds for Oath Keepers Trial Costs
Yahoo News – Sean Maguire (Anchorage Daily News) | Published: 1/6/2023
Staff at the Alaska Public Offices Commission advised Rep. David Eastman not to keep soliciting campaign contributions to pay his legal bills, saying that would run afoul of state law. Anchorage Superior Court Judge Jack McKenna ruled in December that Eastman was eligible to hold public office despite his membership in the Oath Keepers, a far-right militia group that had some members and leadership participate in the riot at the U.S. Capitol. Without being able to solicit campaign contributions, he can still accept donations to a separate legal fund, but as a sitting legislator, the law prohibits him from accepting monetary “gifts” worth $250 or more.
California – Lobbyist’s $1,100 Payment to El Monte Councilmember for Breast Augmentation Lawful, FPPC Rules
San Gabriel Valley Tribune – Jason Henry (Pasadena Star News) | Published: 1/8/2023
The California Fair Political Practices Commission (FPPC) found El Monte Councilperson Victoria Martinez Muela did not violate the law by accepting $1,100 for breast augmentation surgery from a friend, even though the friend’s employer had business before the city council. The FPPC determined the payment for the procedure did not constitute a “gift” under state law, would not have been subject to state limits, and did not qualify as reportable income, said Alex Rose, counsel for the agency’s enforcement division.
California – San Jose Lobbyists Skirt Transparency
San Jose Spotlight – Tran Nguyan | Published: 1/5/2023
A review of 2022 disclosure reports shows how some lobbyists failed to divulge details of their meetings with San Jose officials. San Jose adopted lobbying rules in 2007 to increase transparency at City Hall and allow the public a window into how lobbyists influence city business and policies. The ordinance requires lobbyists to submit weekly reports and disclose details, including who their client is, who they meet with, how they communicate, and the topic being discussed.
Colorado – ‘Laughable’: Is it too easy to get on the Denver mayoral ballot?
Denver Post – Joe Rubino | Published: 1/5/2023
It took Leslie Herod’s campaign less than 17 hours to collect the 300 verified voter signatures needed to get the mayoral hopeful on the ballot for Denver’s April 4 municipal election. The speed with which Herod hit the petition mark – turning in her signatures at 4:30 p.m. on the first day signature gathering was allowed – highlights a concern that has been rumbling beneath the surface of Denver elections: is it too easy for candidates and citizens’ initiative to get on the ballot?
Florida – DeSantis Inauguration Planned to Give Donors Special Treatment. They Got Long Lines, Few Seats
MSN – Mary Ellen Klas and Lawrence Mower (Miami Herald) | Published: 1/5/2023
Florida Gov. Ron DeSantis proclaimed to a crowd of about 250 people at a candlelight dinner for donors that his swearing-in ceremony was “the most requested ticket” of any inauguration in state history. In fact, organizers sold more tickets than there were seats for the swearing-in, leaving numerous people, including the chief executive officer of Publix and the future speaker of the Florida House, without a place to sit. The treatment of the VIPs left some egos bruised. Many paid between $25,000 and $1 million for sponsorship packages that included seats to the VIP section for the swearing-in ceremony and tickets to the inaugural ball.
Georgia – Fani Willis, the Georgia Prosecutor Investigating Trump, Has Taken on Seemingly Untouchable Targets
MSN – Tom Hamburger, Matthew Brown, and Ann Marimow (Washington Post) | Published: 1/9/2023
Fulton County District Attorney Fani Willis is considering using Georgia’s racketeering statute in a politically treacherous investigation. The question is whether former President Trump conspired with his allies to break the law and attempt to overturn the 2020 election in the state. Willis finds herself at the center of an inquiry with the potential to make history and influence the course of the next presidential vote. A special grand jury convened as part of the investigation submitted a report that could include recommendations for charges.
Hawaii – Commission Fines Cayetano Campaign, Super PAC Over Josh Green Attack Ads
Honolulu Civil Beat – Blaze Lovell | Published: 1/11/2023
The Hawaii Campaign Spending Commission fined gubernatorial candidate Vicky Cayetano’s campaign and her super PAC, Victory Calls. Commission staff found probable cause the campaign improperly coordinated with the PAC to run a print ad in the Honolulu Star-Advertiser attacking Gov. Josh Green, who at the time was a gubernatorial candidate and Cayetano’s opponent in the Democratic primary. The commission voted to fine the campaign and Victory Calls $1,000 jointly for the print ad, meaning either the PAC or the campaign can pay the fine.
Hawaii – Proposal Would Increase Public Funding for Hawaii Campaigns
Yahoo News – Dan Nakaso (Honolulu Star-Advertiser) | Published: 1/10/2023
State Sen. Karl Rhoads plans to introduce legislation this year to help county, state, and Office of Hawaiian Affairs candidates raise more campaign money through public funds to ease their reliance on lobbyists and private donors with the goal of promoting “clean elections.” The proposal follows the guilty pleas of Sen. J. Kalani English and Rep. T.J. Cullen on bribery and corruption charges that led to calls for ethics and fundraising reform that largely did not materialize last year but did lead to a ban on fundraising while the Legislature is in session and to the creation of a House commission on legislative conduct.
Illinois – Ex-U.S. Rep. Luis Gutierrez Allegedly Lobbied Speaker Michael Madigan for ComEd Board Appointment for Juan Ochoa, According to New Filing
Yahoo News – Jason Meisner and Ray Long (Chicago Tribune) | Published: 1/11/2023
Federal prosecutors revealed new evidence they intend to use against four people accused in an alleged bribery scheme between Commonwealth Edison (ComEd) and then-House Speaker Michael Madigan. Former McPier chief executive Juan Ochoa is expected to testify he enlisted the help of a member of Congress in 2017 to help repair his tattered relationship with Madigan and ultimately secure a lucrative position on ComEd’s board of directors. Sources said the member is ex-U.S. Rep. Luis Gutierrez. The trial promises to be the biggest corruption trial in Illinois since ex-Gov. Rod Blagojevich was convicted in 2011.
Illinois – Lightfoot Campaign Asks CPS Teachers to Encourage Students to Help Her Win Reelection in Return for Credit
WTTW – Heather Cherone | Published: 1/11/2023
Mayor Lori Lightfoot’s reelection campaign sent an email to Chicago Public Schools teachers asking them to encourage their students to volunteer to help Lightfoot win a second term as mayor and earn class credit. The message was sent to teachers’ official work email accounts. As mayor, Lightfoot appoints not only the superintendent of the Chicago Public Schools but also the members of the city Board of Education. Chicago’s ethics ordinance prohibits the use of public resources, including email accounts, for non-official purposes.
Kansas – Prominent Kansas Senate Republican to Pull Double Duty as Kris Kobach Adviser, Legislator
MSN – Andrew Bahl (Topeka Capital Journal) | Published: 1/11/2023
State Sen. J.R. Claeys will serve as a senior adviser to Kansas Attorney General Kris Kobach, a move that is not unprecedented but has brought concerns about a potential conflict-of-interest. There is nothing in the rules preventing Claeys, who also served as Kobach’s campaign manager during the 2022 election cycle, from simultaneously serving in a state agency. Legislators, both current and past, have worked for executive branch agencies and Kansas Board of Regents institutions, among other day jobs.
Kentucky – Pfizer Gives $1 Million to Republican Party of Kentucky to Expand Its Headquarters
Kentucky Lantern – Tom Loftus | Published: 1/9/2023
In what may be the largest political contribution ever given to a political party in Kentucky, the drug maker Pfizer Inc. gave $1 million last month to the building fund of the state Republican Party. A report filed by Republican Party of Kentucky Building Fund listed the $1 million from Pfizer along with five other big corporate contributions in the final quarter in 2022 totaling $1.65 million. That is an extraordinarily large haul for the fund which had raised only $6,000 during the first three quarters of last year.
Louisiana – Former Louisiana Democrats Chair, State Senator Gets Prison Time for Wire Fraud
Louisiana Illuminator – Greg La Rose | Published: 1/11/2023
Former state Sen. Karen Carter Peterson was sentenced to 22 months in prison after admitting she used money from her campaign and the Louisiana Democratic Party to support a gambling addiction. Peterson was accused of pilfering $147,000 from her campaign and party coffers through a series of payments to close political allies.
Massachusetts – SJC Rules DiMasi’s Federal Corruption Convictions Do Not Disqualify Him, or Others, from Lobbying on Beacon Hill
MSN – John Element (Boston Globe) | Published: 1/5/2023
Secretary of State William Galvin misinterpreted Massachusetts law when he denied former House Speaker Sal DiMasi’s registration as a lobbyist in 2019, the state’s highest court ruled. The Supreme Judicial Court said amendments to ethics laws enacted by state legislators in 2009 specified that only state corruption convictions could be used to prevent someone from registering as a lobbyist for 10 years after being convicted. DiMasi was convicted in federal court of fraud and extortion for taking bribes while in office.
Massachusetts – The Latest Challenge for the Beleaguered Massachusetts State GOP: Tens of thousands of dollars in unpaid bills
MSN – Emma Platoff (Boston Globde) | Published: 1/10/2023
Fresh off an electoral defeat in the November midterms. the Massachusetts Republican Party now appears to have mounting financial and legal problems, too – a pile of overdue bills, much of that money owed to an opposition research firm that party leaders hired last year to dig up dirt on Maura Healey during her run for governor. As of late December, the state GOP owed at least $86,000 to at least two outside vendors hired for election-related services, bills that were late by more than two months. Republican sources, including one familiar with the party’s direct mail process, estimated the debt far exceeds that amount.
New Mexico – Democratic Officials’ Homes, Offices Shot Up in New Mexico
Associated Press News – Susan Montoya Bryan and Morgan Lee | Published: 1/6/2023
The homes or offices of five elected Democratic officials in New Mexico, including the new attorney general, have been hit by gunfire over the past month, and authorities are working to determine if the attacks are connected. Nobody was injured in the shootings. Federal officials have warned about the potential for violence and attacks on government officials and buildings, and the Department of Homeland Security has said domestic extremism remains a top terrorism threat in the U.S. Local officials have also faced an increasing number of threats in recent years.
New York – Lawmaker’s Victory May Cost Him Coveted Manhattan Apartment
DNyuz – Luis Ferré-Sadurní (New York Times) | Published: 1/6/2023
Democrats in the New York Assembly had been considering whether to expel a Republican member because of evidence suggesting he lived in Manhattan, not in the South Brooklyn district he was recently elected to represent. But the efforts to remove Assemblyperson Lester Chang were seen as politically contentious. So Democratic leaders decided they would not try to remove Chang. But even though Mr. Chang will keep his seat, he may be at risk of losing something equally precious: his rent-stabilized apartment in Manhattan.
New York – Rensselaer County’s Former GOP Elections Commissioner Admits Voter Fraud
Albany Times Union – Robert Galvin | Published: 1/11/2023
Jason Schofield, Rensselaer County’s former elections commissioner, pleaded guilty to 12 counts of voter fraud charges, admitting he fraudulently filed absentee ballots in 2021 using the personal information of at least eight voters without their permission. The plea is part of a broader, ongoing investigation by the U.S. Justice Department that led to the guilty plea of ex-Troy City Council Member Kimberly Ashe-McPherson. The probe is examining the election activities of several top county officials.
New York – Trump Financial Officer Allen Weisselberg Sentenced to Five Months in Jail
MSN – Shayna Jacobs (Washington Post) | Published: 1/10/2023
Longtime Trump Organization finance chief Allen Weisselberg, who pleaded guilty to 15 counts including tax fraud, conspiracy, and grand larceny, was sentenced to serve five months in jail. Authorities had promised Weisselberg a steeply reduced sentence in exchange for testifying against the Trump Organization. He had faced up to 15 years in prison. The company was convicted of tax crimes. Donald Trump was not charged with wrongdoing.
North Dakota – As Lawmakers Return to Bismarck, Lobbyists Fill the Capitol
Grand Forks Herald – Jeremy Turley (Forum News Service) | Published: 1/6/2023
Lobbyists are sure to be present wherever laws are made, and the North Dakota Capitol is no exception. For each of the state’s 141 lawmakers, there are more than two registered lobbyists, and their numbers are expected to grow as the Legislature’s four-month session unfolds. Lobbyists, whether paid or not, are a vital piece of the Capitol ecosystem, according to policymakers and political scientists.
North Dakota – Bill Would Add 9,000 State Employees to North Dakota Ethics Panel’s Jurisdiction
Jamestown Sun – Jack Dura (Bismarck Tribune) | Published: 1/6/2023
North Dakota’s Ethics Commission is asking the state Legislature to expand the panel’s oversight authority to include thousands of state employees. Senate Bill 2048 includes several changes requested by the commission, such as extending the time frame to notify an accused person of an ethics complaint and adding criteria for who can make complaints. The bill also would add about 8,960 executive branch employees to the ethics panel’s jurisdiction over “public officials.”
Ohio – Ex-Ohio Governor Candidate Joe Blystone Fined $105K, Can’t Run for Office for 5 Years
Yahoo News – Jessie Balmert (Cincinnati Enquirer) | Published: 1/5/2023
Joe Blystone, who unsuccessfully challenged Gov. Mike DeWine in the Republican primary election last May, will pay a $105,000 fine and not run for office for five years as part of a settlement with the Ohio Elections Commission. The $105,000 fine is what is left in Blystone’s campaign account minus $75,000 placed in reserve for a pending lawsuit. The case stemmed from a slew of campaign finance violations committed by Blystone.
Oklahoma – After Dark Money Flooded Elections, Oklahoma GOP Chair Wants Changes to Help Political Parties
Tulsa World – Carmen Forman | Published: 1/11/2023
After millions of dollars in “dark money” flowed into Oklahoma elections last year, the state Republican Party chairperson is seeking reforms. A.J. Ferate asked the Oklahoma Ethics Commission to consider updating campaign finance rules so political parties can raise more money and provide additional assistance to state candidates. Corporations and other entities can contribute unlimited sums of money to influence elections through groups that do not have to report their donors. Political parties have to report their campaign fundraising and spending.
Pennsylvania – DA Larry Krasner’s Impeachment Trial Gets Indefinitely Postponed by the Pa. Senate
MSN – Ellie Rushing (Philadelphia Inquirer) | Published: 1/11/2023
The Pennsylvania Senate voted to indefinitely postpone the impeachment trial of Philadelphia District Attorney Larry Krasner. A Commonwealth Court ruling to dismiss the articles of impeachment as legally insufficient, the future of the trial – and the timeline for when, or even if, it resumes – remains uncertain. Judge Ellen Ceisler said the articles did not sufficiently demonstrate Krasner failed to perform his duties or acted with an improper or corrupt motive, a standard required under the state constitution to impeach a public official.
Rhode Island – As Judge Caprio Moves On, Questions About ‘Caught in Providence,’ and the Profits, Are Raised
Yahoo News – Katherine Gregg (Providence Journal) | Published: 1/9/2023
In 2015, The Rhode Island Ethics Commission gave the chief judge of Providence Municipal Court, Frank Caprio, its blessing to expand his “Caught in Providence” television show into wider markets. Caprio told the commission that “he has never and will never accept financial compensation of any kind from the broadcast of these Municipal Court proceedings.” But the judge’s brother, David Caprio, chair of the state’s higher education board, recently acknowledged he has made a little more than $100,000 a year from the broadcast, which he did not list on his ethics-disclosure filing.
South Carolina – South Carolina US House District Ruled Racial Gerrymander
Yahoo News – James Pollard and Jeffrey Collins (Associated Press) | Published: 1/5/2023
Federal judges ordered South Carolina lawmakers to draw new congressional maps, ruling the U.S. House district lines of a seat flipped by Democrats four years ago were intentionally redrawn to split Black neighborhoods to dilute their voting power. The state used the maps in this past November’s midterm elections after the Republican-dominated state Legislature redrew the lines following the 2020 U.S. Census. With Republicans holding a thin margin in the House, any change to competitive districts has a chance to alter the balance of power after the 2024 elections.
Utah – The Utah Executive Ethics Committee Has Been Understaffed for 2 Years
Local Today – Emily Anderson Stern (Salt Lake Tribune) | Published: 1/11/2023
After major scandals that led to the FBI investigating a Utah attorney general and lieutenant governor, the Legislature passed a bill establishing an ethics committee to review complaints against the state’s executive branch. But for nearly two years, the Executive Ethics Committee operated with fewer than half its legally required members and has limited public avenues to file a grievance against Utah’s top officials.
Washington – Seattle Ethics Committee Restricts Collection of Democracy Vouchers
Real Change – Guy Oron | Published: 1/11/2023
The Seattle Ethics and Elections Commission amended the city’s democracy voucher program, limiting the ability of paid campaign staffers to collect vouchers, a move campaigns say could reduce the impact of the system. The program allocates four $25 vouchers to eligible Seattle residents who can donate them to candidates. Previously, staff could collect replacement forms from potential donors. That made it easy for supporters to give their vouchers immediately to a campaign. Now, supporters must turn in a replacement form to a volunteer or to the city directly, either by mail or online.
Washington – Sutherland to Pay $2.5K to Settle Ethics Violation Complaint
Everett Herald – Jerry Cornfield | Published: 1/6/2023
State Rep. Robert Sutherland will pay $2,500 to settle a complaint alleging he violated Washington’s ethics law when he berated and swore at a House security official and then bragged about it at a political rally hours later on the Capitol campus. Sutherland and Sean Hartsock, the chamber’s director of security, became embroiled in a heated exchange when the lawmaker sought access to a building he had been barred from entering because he had not taken a required COVID test.
West Virginia – W.Va. Journalist Let Go After Reporting on Abuse Allegations
Yahoo News – Leah Willingham (Associated Press) | Published: 1/7/2023
West Virginia Public Broadcasting (WVPB) reporter Amelia Ferrell Knisely said she was told to stop reporting on the Department of Health and Human Resources after leaders of the agency “threatened to discredit” the network. She then learned her position was being eliminated. Knisely had reported about alleged abuse of people with disabilities within the state agency. She said her news director told her the order came from WVPB Executive Director Butch Antolini, former communications director for Gov. Jim Justice. The governor has tried to eliminate funding for WVPB and was accused of appointing partisan operatives to its board.
January 6, 2023 •
News You Can Use Digest – January 6, 2023
National/Federal Advocacy Groups Denounce GOP Proposals to ‘Gut’ Ethics Office MSN – Kate Ackley (Roll Call) | Published: 1/3/2023 Ethics advocacy groups are sounding alarms that a proposal from House Republicans to change the Office of Congressional Ethics (OCE) could eviscerate […]
National/Federal
Advocacy Groups Denounce GOP Proposals to ‘Gut’ Ethics Office
MSN – Kate Ackley (Roll Call) | Published: 1/3/2023
Ethics advocacy groups are sounding alarms that a proposal from House Republicans to change the Office of Congressional Ethics (OCE) could eviscerate the watchdog, leaving it unable to function. The proposals, part of a package of new rules for the chamber, appear subtle but would have a major impact on the OCE, the groups say. Republicans have proposed term limits on OCE board members, a move that critics say would disproportionately affect Democratic members of the bipartisan body. The OCE would have to make hiring decisions within the first 30 days, a potentially impossible task if the board does not have a full slate.
House Joins Senate in Passing Electoral Count Act Overhaul in Response to Jan. 6 Attack
MSN – Amy Wang and Liz Goodwin (Washington Post) | Published: 12/19/2022
President Biden signed the omnibus spending bill to fund the federal government, which included the Electoral Count Reform and Presidential Transition Improvement Act. It amends an 1887 law and reaffirms the vice president has only a ministerial role at the joint session of Congress where electoral college votes are counted. The measure raises the threshold necessary for members of Congress to object to a state’s electors.
Jan. 6 Report Recommends Congress Ban Trump from Office
MSN – Amy Gardner, Rosalind Helderman, and Jacqueline Alemany (Washington Post) | Published: 12/22/2022
The House committee investigating attack on the U.S. Capitol recommended Congress consider barring former President Trump from ever holding public office again as a result of his role inciting that day’s insurrection. The committee released its final report, concluding 18 months of work with a carefully footnoted document intended to cement its findings that Trump’s conduct following the 2020 presidential election was to blame for the unprecedented assault on Congress.
Lobbyists Relish Return to Capitol After Years of COVID Restrictions
MSN – Karl Evers-Hillstrom (The Hill) | Published: 1/5/2023
Lobbyists returned to Capitol Hill on January 3. The end of strict rules for visitors at the Capitol will boost K Street’s visibility in time for the new Congress. Thousands of lobbyists roamed the Capitol campus without an appointment or congressional escort for the first time since March 2020, when Congress implemented COVID-19 restrictions. The rules made it difficult for lobbyists to meet with lawmakers in their offices. Congressional aides and K Street representatives increasingly relied on Zoom calls because getting people into Capitol buildings required too much time and planning.
Sam Bankman-Fried Funded More Than 90% of a Leading DC Ethics Group’s Political Arm in 2021
MSN – Brent Griffiths and Dave Levinthal (Business Insider) | Published: 12/29/2022
Indicted cryptocurrency financier Sam Bankman-Fried donated $760,000 to the Campaign Legal Center’s (CLC) action fund in 2021. The contribution amounted to more than 95 percent of CLC Action’s revenue for that year and roughly 94 percent of its expenses. Bankman-Fried’s spending helped support CLC Action, a 501(c)(4), as well as the ethics watchdog’s tax-exempt charitable arm. Under its action group, the CLC filed a number of prominent lawsuits in 2021.
Santos, a Suburban House and $11,000 in Campaign Payments for ‘Rent’
DNyuz – Grace Ashford and Dana Rubinstein (New York Times) | Published: 12/29/2022
There were a series of unusual disbursements in U.S. Rep.-elect George Santos’s campaign filings that experts say could warrant further scrutiny. There are also dozens of expenses pegged at $199.99, one cent below the threshold at which federal law requires receipts. It is not known if the spending was illegal, or merely unusual. Federal and local prosecutors said they would begin inquiries into Santos’s finances and background. A New Yor Times investigation revealed he misrepresented details of his education, work history, and property ownership, along with a previously undisclosed criminal charge in Brazil.
The ‘Red Wave’ Washout: How skewed polls fed a false election narrative
DNyuz – Jim Rutenberg, Ken Bensinger, and Steve Eder (New York Times) | Published: 12/31/2022
Polling helped feed what quickly became an inescapable political narrative in 2022: a Republican wave election was about to hit the country. In the election’s immediate aftermath, the polling failures appeared to be in keeping with misfires in 2016 and 2020, when the strength of Donald Trump’s support was widely underestimated and with the continuing struggles of an industry that arose with the corded home telephone to adapt to the mass migration to cellphones and text messaging. A New York Times review of the forces driving the narrative of a coming red wave, and of that narrative’s impact, found new factors at play.
Trump Tax Returns Undermine His Image as a Successful Entrepreneur
DNyuz – Jim Tankersley, Susanne Craig, and Russ Buettner (New York Times) | Published: 12/30/2022
House Democrats released six years of former President Trump’s tax records, offering new insight into his business dealings that further undermined his long-cultivated image as a successful businessperson. The release contained thousands of pages of tax documents, including individual returns for Trump and his wife, as well as business returns for several of the hundreds of companies that make up his business organization.
Twitter Reverses Longstanding Ban on Political Advertising
MSN – Elizabeth Dwoskin (Washington Post) | Published: 1/3/2023
Twitter said it was relaxing its ban on political and issue-based advertising, a reversal of the company’s long-standing approach to paid political speech. The policy change, which comes at a moment when major advertisers are defecting from the social media platform, would allow candidates and advocacy groups to spend money to promote themselves and their causes on the service. The company announced the change and promised to “share more details” as the work got underway. There was no explanation of why Twitter made the changes or how extensive the changes would be.
From the States and Municipalities
Arizona – After Overwhelming Voter OK, Political ‘Dark Money’ Law Hailed as Model
Cronkite News – Emilee Miranda | Published: 12/23/2022
Proposition 211, which Arizona voters approved in November, requires independent organizations that spend $50,000 or more in an election cycle to support or oppose a candidate or issue in a statewide race identify any donors who gave $5,000 or more. The trigger for disclosure in local campaigns, such as city council or school board races, is $25,000. Supporters call the ballot measure a model for the rest of the country, while opponents call it a threat to free speech.
Arizona – Gov.-Elect Hobbs Refuses to Disclose Donors to Inaugural Party
Arizona Daily Star – Bob Christie (Capitol Media Services) | Published: 1/1/2023
Arizona Gov. Katie Hobbs is kicking off her term with a celebratory ball, a first for a new governor since Fife Symington had one in the 1990s. But Hobbs, who touted transparency as part of her leadership, has refused to disclose which people or corporations are paying for the party. The lack of full public disclosure extended to her taking the oath of office on January 2. That event was closed to the public and media, with the exception of a news photographer.
Arizona – Judge Rules Against Kari Lake in Bid to Overturn Arizona Election Results
MSN – Isaac Stanley-Becker and Yvonne Wingett Sanchez (Washington Post) | Published: 12/24/2022
A judge rebuffed an effort by Kari Lake, the defeated Republican candidate for governor in Arizona, to reverse the outcome of the November election, ruling against her after a trial that showcased speculation about systematic malfeasance at the polls but failed to prove it. The finding was in line with recent judgements against Abe Hamadeh and Mark Finchem, the unsuccessful candidates for attorney general and secretary of state, respectively, who also challenged their losses. The rulings show how the judiciary in Arizona rejected challenges to election results and affirmed the will of voters.
Arizona – Phoenix Council Members’ Suns Arena Suite Usage Raises Ethics Policy Questions
Yahoo News – Taylor Seely (Arizona Republic) | Published: 12/26/2022
For years, the city of Phoenix has had access to a luxury suite at the Footprint Center to promote economic development, but a controversy about city council members attending NBA playoff games and concerts the past two years is prompting discussion over whether or when such activity is ethically acceptable. While no one at City Hall says the council members violated the suite usage policy, some there are questioning whether it was appropriate for elected leaders to attend events in the skybox with campaign donors. Others wonder if it causes a perception problem.
California – Buried Treasure: California politicians stash $35 million in leftover campaign cash
MSN – Alexei Koseff and Ben Christopher (CalMatters) | Published: 12/21/2022
There are nearly 100 accounts belonging to political candidates in California with leftover campaign money. Some of the politicians holding onto past campaign contributions are simply waiting to figure out their next race, at which point they may tap into those eligible funds. Others are using the money to keep a foothold in the public arena, slowly spending down what is left on political donations, charitable contributions, and administrative expenses. Some of the money is merely sitting idle, in accounts where nothing much goes in or out, save interest and annual state filing fees.
California – Will Pay to Play Politics Be Curbed in the New Year?
Voice of OC – Spencer Custodio | Published: 1/3/2023
A new law in California aimed at curbing “pay-to-play” schemes at the local level across the state takes effect this year but questions are mounting on how effective it will be. The law mandates a 12-month waiting period for local elected officials to vote on items that could benefit campaign donors who gave $250 or more, among other provisions. Critics say it does not go far enough, arguing special interests can simply wait out the time restriction or bypass it by spending through PACs.
Florida – Florida’s Expanded Lobbying Ban Faces Legal Challenge. Some Officials Already Resigned
MSN – Anna Ceballos (Miami Herald) | Published: 12/30/2022
Five elected officials in Miami-Dade, Palm Beach, and Leon counties are suing to block new lobbying restrictions that are among the toughest in the country. The measures prohibit elected officials in the state from working as lobbyists while holding public office, and bar state and local elected officials from lobbying their state agencies or offices for six years after leaving office. The court will hear arguments in the case on January 27. In the meantime, a number of public officials will be forced to decide whether to quit public office or their private jobs, said attorney Scott Hiaasen.
Florida – Newly Released Records Show Top DeSantis Adviser Used Private Email and Alias to Coordinate Migrant Flights
MSN – Matt Dixon (Politico) | Published: 12/28/2022
Florida Gov. Ron DeSantis’s top safety official helped write language that helped a former legal client secure a state contract to oversee a controversial program to fly migrants from the southern border to Martha’s Vineyard. In the process, the official, Larry Keefe, used a non-public email address that made it appear emails were coming from “Clarice Starling,” the main character from “The Silence of the Lambs.” They show Keefe helping Vertol Systems, who he represented when in private legal practice, draft invoice language the company used when submitting its proposal to the Florida Department of Transportation.
Illinois – Mayor Lori Lightfoot Wanted Chicago Bears to Change Her Season Ticket Seats Over Security Concerns
MSN – Gregory Pratt (Chicago Tribune) | Published: 1/5/2023
Citing security concerns, Mayor Lori Lightfoot’s administration in 2019 requested “updating” her Chicago Bears season tickets, which she had held for years before being elected months earlier. Lightfoot’s security detail worried she would be hard to protect in the seats on the stadium’s 400 level, so they approached the Bears about moving her to a different location. Team officials worked with Lightfoot’s representatives to try to move the mayor’s seats, but the Bears had a problem of their own. A 2016 city ethics board ruling complicated the question of whether they could offer the mayor a free or even face-value upgrade.
Kansas – A Battle Over Subpoenas of Kansas Republican Officials Is Heating Up. Here Is What’s at Stake.
Yahoo News – Andrew Bahl (Topeka Capital Journal) | Published: 12/27/2022
A judge declined a request from the Kansas Governmental Ethics Commission to shield from the public hearings and documents related to a court tussle over subpoenas of top Republican Party officials. The cases regarding each of the seven individuals are at varying stages of adjudication, with the matter dismissed for some but ongoing for others. Attorneys for some of the defendants have sought to strike the commission’s court efforts under a state statute designed to crack down on lawsuits that are deemed to silence citizens.
Kansas – Newly Elected Kansas Attorney General Kris Kobach Fined $30,000 by FEC for Illegal Contribution from ‘WeBuildTheWall’ Scam Organization
Yahoo News – Bryan Metzger (Business Insider) | Published: 12/30/2022
Incoming Kansas Attorney General Kris Kobach was fined $30,000 by the FEC for violating campaign finance laws during a failed 2020 U.S. Senate campaign. Kobach’s campaign rented the email list of “WeBuildTheWall, Inc.” for just $2,000 in 2019, significantly below the normal rate for corporate list rentals. The FEC found that discrepancy constituted an illegal in-kind contribution from a corporation.
Maryland – Nick Mosby Files Last-Minute Rebuttal to Ethics Charges, Suggesting Next Week’s Court Hearing Will Be Delayed
Baltimore Brew – Mark Reutter | Published: 1/3/2023
The Baltimore Board of Ethics asked a judge to penalize city council President Nick Mosby for noncompliance, saying he “is seeking only to delay” the proceedings in a case concerning a fundraiser that collected over $14,000, including $5,100 from persons doing business with the city, for Mosby’s legal defense fund. A fine of up to $1,000 a day can be imposed for failing to follow a city ethics order. Mosby’s attorney recently filed a court document that argues the board misapplied ethics rules and prohibitions against gifts to elected officials to ensnare his client, which is likely to further delay a hearing in the matter.
Montana – Lawmakers Deadlock on Political Practices Commissioner
Montana Free Press – Alex Sakariassen | Published: 1/3/2023
A panel of four state legislators reached an impasse over who should become Montana’s next commissioner of political practices. Now, the task of selecting a candidate falls squarely on Gov. Greg Gianforte, whose office has yet to provide a glimpse of any frontrunner. Five candidates appeared before the committee to answer questions about their past political affiliations, lobbying activity, and understanding of the commissioner’s responsibilities in state government.
New Jersey – NJ Law Is Meant to Increase Campaign Finance Transparency. It Also Guts Local Pay-to-Play Rules.
Gothamist – Nancy Solomon | Published: 12/26/2022
The New Jersey Legislature is on the verge of changing the state’s campaign finance restrictions, despite opposition from good government groups. The Elections Transparency Act would double the amount individuals or groups could give to non-gubernatorial candidates, parties, and county party organizations. It also would dismantle local laws that prohibit campaign donations from people who do business directly with local government and regulate all those contributions through state law instead.
New Mexico – Albuquerque Officials Will Have to Reveal More About Their Personal Finances in 2023
Albuquerque Journal – Jessica Dyer | Published: 1/1/2023
Albuquerque Mayor Tim Keller signed legislation updating the city’s ethics code regarding how much financial information the mayor and council members must reveal. City Clerk Ethan Watson said the new rules mirror financial disclosure standards once proposed for state officials but never adopted at that level. He said Albuquerque is now at the forefront of transparency policy.
New York – New York State Lawmakers to Be the Highest Paid in Nation at $142,000
Yahoo News – Joseph Spector (Politico) | Published: 12/22/2022
The New York Legislature voted to increase the pay of lawmakers who take office on January 1 from $110,000 to $142,000 a year, making it by far the highest paid state legislative body in the country. The next highest is California where lawmakers get $122,694. Gov. Kathy Hochul signed the bill into law. Democrats defended the 29 percent increase, saying their salaries were stuck at $79,500 for 20 years before jumping to $110,000 in 2019 after a recommendation from a special compensation committee. The deal also includes limiting lawmakers’ outside income to no more than $35,000 a year.
North Carolina – New Year Brings Higher Limits for North Carolina Campaign Contributions
The Center Square – Victor Skinner | Published: 1/4/2023
The new year triggered higher campaign contribution limits in North Carolina to candidates and political committees, with the cap now set at $6,400. The State Board of Elections recalculates the donation limit every odd-numbered year based on the Consumer Price Index.
North Carolina – North Carolina Will Not Prosecute Mark Meadows for Voter Fraud
MSN – Meryl Kornfield and Kyle Rempfer (Washington Post) | Published: 12/30/2022
Mark Meadows, who was chief of staff to President Trump, will not be charged for voter fraud related to his 2020 registration and absentee vote in North Carolina, the state’s chief law enforcement official said. Meadows was under investigation after media reports that said the voter registration for Meadows listed a mobile home in Scaly Mountain, North Carolina he had never owned, stayed at, or visited.
Ohio – FirstEnergy Secretly ‘Engaged’ Corey Lewandowski to Lobby Trump for a Public Bailout, Subpoenaed Records Confirm After Years of Denials
Energy and Policy Institute – Dave Anderson | Published: 12/22/2022
FirstEnergy secretly ‘engaged’ Donald Trump’s former campaign manager, Corey Lewandowski, to lobby the White House to deliver a public bailout for the utility company’s coal and nuclear power plants in 2017 and 2018, records released by the Ohio Consumers’ Counsel show. Lewandowski never registered as a federal lobbyist during the Trump administration and has for years denied worked for FirstEnergy as the company lobbied to secure a federal bailout.
Ohio – FirstEnergy to Pay $3.9M Fine for Withholding Lobbying Info from Federal Regulators
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 1/3/2023
FirstEnergy will pay $3.9 million for failing to fully provide the Federal Energy Regulatory Commission (FERC) with requested lobbying and accounting information. The utility admitted it violated the FERC’s “duty of candor” rule and agreed to two years of compliance monitoring. FirstEnergy is continuing to work through issues related to bribes it doled out in support of House Bill 6, energy legislation in Ohio that provided about $1 billion to two nuclear power plants owned by a former subsidiary.
Oregon – The State Elections Director Advocated for Compliance and Investigations. Her Boss Says She ‘Didn’t Get It.’
Willamette Week – Nigel Jaquiss | Published: 1/4/2023
Deborah Scroggin’s resignation as Oregon’s elections director came 18 months after Secretary of State Shemia Fagan hailed her hiring following a nationwide search. But emails and interviews reveal Scroggin, a stickler for rules and transparency, and Fagan, who rose rapidly to the state’s second-highest office based on her bold approach to politics, were never on the same page. Initially, the Associated Press reported Scroggin stepped down because of the pressure of dealing with misinformation about elections. But when reporters asked her to confirm that explanation, Scroggin said Fagan had, in fact, asked for her resignation.
Pennsylvania – Mayoral Candidate Allan Domb Has Triggered the ‘Millionaire’s Amendment’ for Campaign Fundraising
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 1/4/2023
Mayoral candidate and real estate magnate Allan Domb triggered the “millionaire’s amendment” of Philadelphia’s political fundraising rules, which doubles the annual limits on how much money campaigns can raise from donors if any candidate gives their campaign $250,000 or more out of their own pocket. The limit on contributions from individuals is now $6,200, and $25,000 on donations from corporations or political committees. The provision stays in effect even if Domb drops or out of the race.
Pennsylvania – Philly’s Board of Ethics Has Fined Councilmember Kenyatta Johnson and Mayoral Candidate Allan Domb
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 12/22/2022
Philadelphia City Councilperson Kenyatta Johnson and former council member Allan Domb agreed to pay $2,000 in fines for violating city ethics rules in unrelated cases that involve mishandling required disclosures of real estate interests. Domb failed to follow the city’s process for disclosing conflicts-of-interest when the council considered legislation that affected a property in which he has an ownership stake. Johnson was investigated for failing to list rental income on his public financial disclosure after The Philadelphia Inquirer reported the omission.
Texas – Individuals and Other Politicians Can Spend Money on Texas House of Representatives Race, Court Agrees
MSN – Robert Garrett (Dallas Morning News) | Published: 1/4/2023
A federal judge permanently barred the state from enforcing laws that prevent outside money from being spent on a race for Texas House speaker. Three individuals had sued, saying they wished to make expenditures on behalf of Rep. Tony Tinderholt, who is challenging current Speaker Dade Phelan. The trio argued the restrictions violate the First Amendment, specifically its protections for freedom of speech and association.
December 23, 2022 •
News You Can Use Digest – December 23, 2022
National/Federal An ‘Imperial Supreme Court’ Asserts Its Power, Alarming Scholars Yahoo News – Adam Liptak (New York Times) | Published: 12/19/2022 The conventional critique of the U.S. Supreme Court these days is that it has lurched to the right and is […]
National/Federal
An ‘Imperial Supreme Court’ Asserts Its Power, Alarming Scholars
Yahoo News – Adam Liptak (New York Times) | Published: 12/19/2022
The conventional critique of the U.S. Supreme Court these days is that it has lurched to the right and is out of step with the public on many issues. Recent legal scholarship makes a deeper point, saying the current court is distinctive in a different way: it has rapidly been accumulating power at the expense of every other part of the government.
Bribery Case Cracks Open European Parliament – and Finds Hidden Cash
DNyuz – Matina Stevis-Gridneff, Monika Pronczuk, Tariq Panja, and Sarah Hurtes (New York Times) | Published: 12/15/2022
Belgian authorities uncovered what prosecutors say was a cash-for-favors scheme at the heart of the European Union. It highlighted the vulnerabilities in an opaque, notoriously bureaucratic system that decides policies for 450 million people in the world’s richest club of nations. The investigation has jolted Brussels and unleashed a flurry of whispered accusations of corrupt behavior by lawmakers of all political stripes. It has also sparked scrutiny of foreign influence at a time when the European Union is asserting itself on issues like human rights and the war in Ukraine.
Congress Passes Bill to Rein in Conflicts of Interest for Consultants Such as McKinsey
ProPublica – Ian MacDougall | Published: 12/16/2022
Congress passed a bill that takes aim at the risk of improper influence when government contractors work for both federal agencies and private-sector clients. President Joe Biden is expected to sign the legislation. The bill makes several changes to federal contracting rules. It includes provisions requiring contractors to disclose information about potential conflicts-of-interest and clarifying when a contractor’s work for outside clients may create such a conflict. The bipartisan group of senators who sponsored the bill cited the consulting giant McKinsey & Company’s work for the Food and Drug Administration.
House Committee Votes to Make Public Trump’s Tax Returns
MSN – Michael Kranish, Jonathan O’Connell, Amy Wang, Azi Paybarah, and Marianna Sotomayor (Washington Post) | Published: 12/20/2022
The House Ways and Means Committee voted to release former President Trump’s tax returns, capping a protracted legal and political battle. After the vote, the committee revealed the IRS did not audit Trump’s returns during his first two years in office, despite a rule mandating such reviews, and never completed any audits while he served. The IRS began its first audit of Trump’s returns on the same day that Ways and Means Committee Chairperson Richard Neal sent a written request in April 2019 for the information and then assigned the bulk of the work to just one agent, the panel said.
In Testimony, Hannity and Other Fox Employees Said They Doubted Trump’s Fraud Claims
Seattle Times – Jeremy Peters (New York Times) | Published: 12/21/2022
Sean Hannity said in a sworn deposition he did not believe Sidney Powell’s claims that voting machines were rigged to help Joe Biden in the 2020 election when she appeared on his show. Dominion Voting Systems is suing Fox News for defamation. Hannity’s disclosure, along with others that emerged from court about what Fox News executives and hosts really believed as their network became one of the loudest megaphones for lies about the 2020 election being stolen from Donald Trump, is among the strongest evidence yet to emerge publicly that some Fox employees knew what they were broadcasting was false.
Jan. 6 Panel Urges Trump Prosecution with Criminal Referral
MSN – Eric Tucker, Mary Claire Jalonick, and Farnoush Amiri (Associated Press) | Published: 12/19/2022
The House committee investigating the January 6 insurrection recommended criminal charges against former President Trump and associates who helped him launch a wide-ranging campaign to overturn his 2020 election loss. The committee alleged violations of four criminal statutes by Trump, in both the run-up to the riot and during the insurrection itself, as it recommended the former president for prosecution to the Justice Department. Among the charges is aiding an insurrection, an effort to hold him directly accountable for his supporters who stormed the Capitol that day.
Lawyer for Key Jan. 6 Witness Seeks to Rebut Panel’s Claim of Interference
MSN – Maggie Haberman and Luke Broadwater (New York Times) | Published: 12/20/2022
A former lawyer for a White House aide who became a key witness for the January 6 House select committee took a leave of absence from his law firm and defended himself against what he said were false insinuations that he had interfered with his client’s testimony. Stefan Passantino represented Cassidy Hutchinson, an aide to the White House chief of staff at the end of the Trump administration. The committee suggested that people connected to Donald Trump had attempted to influence at least one witness’s testimony, promising her jobs that never materialized and coaching her to be less than forthcoming with the panel.
Scam PAC Operator Uncovered by CNN’s KFile Pleads Guilty in Federal Court
MSN – Andrew Kaczynski and Em Steck (CNN) | Published: 12/20/2022
Matthew Tunstall pleaded guilty to conspiracy to commit wire fraud and money laundering while operating two so-called scam PACs during the 2016 election and collecting more than $3 million from unwitting donors. Tunstall was one of three men the Justice Department charged with multiple counts in perpetuating the fraud. The scheme tricked people into giving them money by using robocalls and written solicitations meant to imply they were supporting 2016 presidential candidates. The PACs’ operators used the funds to enrich themselves and pay for more robocalls and radio advertisements.
Skepticism Before a Search: Inside the Trump Mar-a-Lago documents investigation
Anchorage Daily News – Devlin Barrett, Jacqueline Alemany, Perry Stein, Josh Dawsey, Ann Marimow, and Carol Leonnig (Washington Post) | Published: 12/21/2022
FBI officials had a lot to worry about as they discussed whether to search one of Donald Trump’s homes for evidence of crimes. They decided any search warrant should be authorized by the attorney general himself, and they did not want the former president to be at Mar-a-Lago when it happened. The FBI also was wary of the remote possibility of a confrontation between the federal agents searching the location and the Secret Service agents who guard the former president. Leaders of the Justice Department were proceeding cautiously as well, agreeing with the FBI on these points even as tensions sometimes flared between agents and prosecutors.
‘THE Central Issue’: How the fall of Roe v. Wade shook the 2022 election
Yahoo News – Elena Schneider and Holly Otterbein (Politico) | Published: 12/19/2022
In May 2022, the midterm elections looked bleak, if not disastrous, for Democrats. But in dozens of focus groups, held by Democrats and Republicans in the wake of the U.S. Supreme Court’s ruling that struck down Roe v. Wade, campaign strategists kept making the same finding: abortion had not simply awakened Democratic voters, it was influencing swing voters. In many battleground and red-leaning states and districts, especially where Democrats spent millions of dollars to keep it at the forefront for voters, abortion access played an outsized role, reversing the party’s once abysmal outlook and stemmed the GOP’s expected “red wave.”
This Year’s Ballot Measures Will Change How Many Americans Vote
Center for Public Integrity – Aaron Mendelson | Published: 12/15/2022
Voting itself was on the ballot in the 2022 midterm elections, with initiatives seeking to revamp election laws in states across the country. Measures that promoted early voting and increased access to the ballot box saw wins in multiple states, but so did restrictive proposals that tightened voter ID laws or barred non-citizens from voting on local matters. The ballot measures suggest voters may take a more nuanced view on democracy than the politicians they elect, said Jasleen Singh of the Brennan Center for Justice.
Top Government Ethics Officer Was Late Disclosing His Personal Finances on Multiple Occasions
MSN – Kimberly Leonard (Business Insider) | Published: 12/20/2022
Office of Government Ethics General Counsel David Apol missed deadlines to report at least 12 different financial transactions since 2015. In two instances representing five transactions, he filed his federally mandated reports several months passed the deadline. Improperly reporting purchases and sales of bonds or stocks is a violation of the STOCK Act. Apol paid a fine for a late disclosure in 2020, certified documents show. His responsibilities include reviewing financial disclosures and writing ethics guidance for nearly 3 million federal employees.
U.S. Scrutinizes Political Donations by Sam Bankman-Fried and Allies
DNyuz – Kenneth Vogel and Ken Bensinger (New York Times) | Published: 12/17/2022
After cryptocurrency entrepreneur Sam Bankman-Fried was charged with multiple crimes, including campaign finance violations, prosecutors reached contacted campaigns and committees that had received millions of dollars from Bankman-Fried and his colleagues. The Justice Department’s inquiries appear to be an effort to gather evidence against Bankman-Fried and other former FTX executives, rather than against their political beneficiaries. Bankman-Fried is accused of conspiring with unnamed others to violate campaign finance laws that prohibit corporate donations to candidates’ campaigns and bar “straw donations.”
While Advising Trump on Judges, Conway Sold Her Business to a Firm with Ties to Judicial Activist Leonard Leo
MSN – Heidi Przybyla (Politico) | Published: 12/20/2022
Judicial activist Leonard Leo appears to have helped facilitate the sale of former White House adviser Kellyanne Conway’s polling company in 2017 as she was playing a key role in advocating for Leo’s handpicked list of U.S. Supreme Court candidates. The transaction came at a critical moment for Conway, shortly after her ownership of The Polling Company had come under scrutiny from a congressional committee for potential “conflicts-of-interest,” likely creating pressure to unload it even though its value was unclear because she was its biggest asset and committed to her White House job.
From the States and Municipalities
Arizona – Campaign Donors Attended Suns Games, Concerts with Council Members in Phoenix Suite
Axios – Jessica Boem | Published: 12/21/2022
Donors to Phoenix City Council campaigns attended concerts and sporting events with those council members in a city suite. The suite is to be used to promote the city, host distinguished guests, and enhance relationships with public agencies. It can also be used for youth groups or adults with developmental disabilities. Councilperson Laura Pastor said as the chair of the Economic Development and Equity Subcommittee, her time in the suite was “spent promoting the city and building strong relationships with businesses and labor groups.”
California – Beverly Hills Developer Gets 4 Years in Prison for Bribing L.A. County Official
MSN – Michael Finnegan (Los Angeles Times) | Published: 12/15/2022
A developer was sentenced to four years in prison for bribing a Los Angeles County official. Arman Gabaee admitted giving Thomas Shepos dozens of cash payoffs during furtive meetings in cars, restaurants, and men’s rooms while reaping lucrative real-estate leases in return. He also offered to buy Shepos a $1-million home in return for the county spending $45 million to lease office space at a Gabaee property. U.S. District Court Judge George Wu called the case an example of “systemic” public corruption. “There is so much of it going around,” the judge said.
California – Oakland Councilmember Rebecca Kaplan Fined $19,000 for Not Disclosing Property She Owned
MSN – Shomik Mukherjee (Bay Area News Group) | Published: 12/15/2022
Oakland City Council member Rebecca Kaplan was fined $19,000 for voting to fund millions of dollars in improvements for a large waterfront park after failing to disclose she and her parents owned a condominium nearby. Investigators determined Kaplan most likely made an honest mistake, though she had enough experience to know better. She did not list the condo’s address on her Form 700, in which elected officials must disclose annually their real property interests, later telling investigators she had not fully understood the reporting requirements.
Colorado – $10,000 Contribution to County Commissioner Did Not Require Recusal, Appeals Court Says
Denver Gazette – Michael Karlik (Colorado Politics) | Published: 12/16/2022
A judge was wrong to conclude a Larimer County Commission member needed to recuse himself from a land-use vote in which one of the parties was responsible for nearly 20 percent of his campaign contributions, the Colorado Court of Appeals ruled. Applying U.S. Supreme Court precedent, Judicial District Court Judge Juan Villaseñor considered the contributions so outsized as to suggest Donnelly would not be a neutral decision-maker, which is a key component of due process.
Colorado – The Fair Elections Fund Rollout Is Facing Issues. City Council and the Clerk and Recorder’s Office Are Discussing Last-Minute Fixes
Denverite – Kyle Harris | Published: 12/14/2022
The rollout of Denver’s Fair Election Fund, which aims to level the playing field between well-funded candidates and those with fewer resources, has been sort of messy. The April 4 election cycle is well underway, but questions about issues like donation limits, the qualifying period, and reporting deadlines linger. Now, the Clerk and Recorder’s Office is taking tweaks to the rules to the city council’s Finance and Governance Committee, hoping to make last-minute changes.
Connecticut – Bacon Brothers and Lobbyists Are Players at Lamont’s Inaugural Ball
MSN – Mark Pazniokas (Connecticut Mirror) | Published: 12/20/2022
Connecticut Gov. Ned Lamont’s second inaugural ball on January 4 will feature live music by the Bacon Brothers and a pre-party reception with the governor to thank sponsors who give as much as $25,000. Inaugural balls are perhaps the last place where a lobbyist or state contractor can exceed a $50 annual limit on entertaining an elected official. Contributions to an inaugural are deemed a gift to the state, not an individual. The inauguration itself is free and open to the public.
Florida – Miami Beach Limits Developers’ Spending on Elections. Here’s How They Get Around It
MSN – Aaron Leibowitz (Miami Herald) | Published: 12/16/2022
Developers and lobbyists seeking certain city approvals in Miami Beach, as well as active city vendors, are barred from donating to campaigns under rules that have expanded over the past two decades. The city’s laws, which are among the strictest in Miami-Dade County, say those on a list maintained by the city clerk’s office, cannot give to campaigns, either “directly or indirectly.” A Miami Herald review found that despite the city’s efforts to curb the influence of money in politics, Miami Beach developers routinely circumvent the rules and give to campaigns in various ways.
Florida – Pompano Vice Mayor Beverly Perkins Accused of Misusing Leftover Campaign Funds in 2020 Election
MSN – Lisa Huriash (South Florida Sun-Sentinel) | Published: 12/20/2022
Pompano Beach Vice Mayor Beverly Perkins, under investigation by Broward’s top government watchdog, is accused of misusing thousands of dollars in leftover campaign funds following her successful reelection campaign in 2020. The Broward Office of the Inspector General found Perkins and her treasurer made 22 post-election expenditures totaling $7,381.92, including J. Mark’s Restaurant and Bar, Costco, and Dollar Tree. The inspector general’s office will refer the case to prosecutors.
Hawaii – Honolulu Teacher Violated Ethics by Accepting $16,600 From School Volunteer
Honolulu Civil Beat – Viola Gaskell | Published: 12/16/2022
The Hawaii Ethics Commission said a teacher at Moanalua Elementary School must return $16,600 given to her by an elderly donor who volunteered at the school. The donor gave Irene Bayudan six cashier’s checks while working on volunteer projects with her at the school, all of which she deposited into her personal bank account. The donor told the commission he gave Bayudan the money because “he felt that teachers were underpaid and he wanted to help her out.”
Illinois – Judge Gives 16 Months to Chinatown Developer Whose Cooperation Helped Kick Off Massive Corruption Probe
MSN – Jason Meisner (Chicago Tribune) | Published: 12/21/2022
Developer See Wong was sentenced to 16 months in prison for a $1.65 million fraud scheme stemming from a condominium project in Chicago that collapsed amid the global financial crisis in the late 2000s. Wong received a break on his sentence because of his cooperation with federal authorities – including wearing a wire on former Ald. Daniel Solis – that helped ensnare Solis, former Ald. Edward Burke, and ex-House Speaker Michel Madigan in what has become one of the biggest public corruption cases ever brought in Chicago.
Maryland – Ethics Board Asks Judge to Fine Council President Mosby $1,000 Per Day
MSN – Chris Berinato and Maxine Streicher (WBFF) | Published: 12/20/2022
The Baltimore City Board of Ethics is asking a judge to fine city council President Nick Mosby up to $1,000 per day for failing to comply with its order to stop fundraising and disclose legal defense fund donors. In May, the Board determined Mosby violated ethics rules when a legal defense fund was established in his name and some contributions had come from city contractors.
Maryland – Harford County Withholds Jacob Bennett’s Council Paycheck Amid Lawsuit
MSN – Jason Fontelieu (Baltimore Sun) | Published: 12/20/2022
Harford County Councilperson Jacob Bennett did not receive a paycheck from the county when council members were paid. Bennett has faced backlash from County Executive Bob Cassilly due to a provision in the law that Cassilly believes prevents Bennett from serving on the council while maintaining his job as a public-school teacher. Lawyers for the Maryland State Education Association and Harford County Public Schools have said there is no conflict-of-interest preventing Bennett from serving on the council.
Massachusetts – A Charlie Baker-Aligned Super PAC Broke State Law by Touting Him as ‘Special Guest’ at Fundraiser, Regulators Say
MSN – Matt Stout (Boston Globe) | Published: 12/16/2022
A super PAC aligned with Massachusetts Gov. Charlie Baker broke state campaign finance law when it advertised him as a special guest at a summer fundraiser, despite being previously warned by regulators that using Baker’s name to raise cash was not allowed, according to a letter officials sent the group. The Massachusetts Majority PAC was forced to purge $17,500, the amount it raised from the event. State law strictly prohibits coordination between candidates and super PACs, including barring elected officials from helping “finance” a PAC.
Minnesota – Lobbying Law Could Squeeze Some Minnesota Legislators
MPR News – Brian Bakst | Published: 12/16/2022
A lobbying law about to take effect in Minnesota aims to bar legislators from working for entities that exist primarily for lobbying or government affairs work. The same prohibition would apply to lawmakers who take on certain roles at organizations that employ or contract with lobbyists. Depending on how the statute is interpreted and enforced, it could require some lawmakers to choose between serving in the Legislature or continuing in their outside occupations. Campaign Finance and Public Disclosure Board Executive Director Jeff Sigurdson said one aspect of the law redefined who could fall under the lobbyist umbrella.
Minnesota – Regulators Push for More Financial Transparency in Minnesota Politics
Minneapolis Star Tribune – Jessie Van Berkel | Published: 12/17/2022
Spouses of public officials in Minnesota, unlike many other states, do not publicly report their financial interests. That would change if legislators follow the direction of the state’s Campaign Finance and Public Disclosure Board, which made numerous recommendations largely aimed at improving transparency in campaigns and government. The board also proposed regulating cryptocurrency donations to campaigns and expanding public reporting on lobbying and on ads that do not expressly advocate for a candidate but can influence votes.
Nevada – For These Nevada Lobbyists, Politics Is a Family Affair
MSN – Taylor Avery (Las Vegas Review-Journal) | Published: 12/17/2022
Having the opportunity to follow in a family member’s footsteps and carry on the legacy of their work is a dream many envision but few realize. In Nevada’s political sphere, however, many have successfully taken up the helm and followed their parents into the world of lobbying. Even before joining his father’s firm, the Ferraro Group, becoming a lobbyist was Tommy Ferraro’s dream job since “Day One.”
New York – Foes of Drag Queen Story Hours Invade New York Councilman’s Home
DNyuz – Liam Stack (New York Times) | Published: 12/20/2022
Protesters descended on the home and the office of a gay member of the New York City Council, vandalizing the walls with homophobic graffiti and attacking one of his neighbors over his support for Drag Story Hour events at local libraries. The council member, Erik Bottcher, documented the vandalism on social media, where he also shared a video of protesters screaming and banging on his office door. Drag story hour events have drawn an increasing number of protests and threats across the country in recent years, including a series of tense demonstrations in New York, a city known for its inclusivity.
New York – Who Is Rep.-Elect George Santos? His Résumé May Be Largely Fiction.
Yahoo News – Grace Ashford and Michael Gold (New York Times) | Published: 12/19/2022
George Santos’ upset victory in a Long Island district helped Republicans gain control of the U.S. House. His campaign biography amplified his storybook journey. He is the son of Brazilian immigrants and is the first openly gay Republican to win a U.S. House seat as a non-incumbent. By his account, he became a “seasoned Wall Street financier and investor” with a family-owned real estate portfolio and an animal rescue charity. But a New York Times review of public documents and court filings, as well as various attempts to verify claims that Santos made on the campaign trail, calls into question key parts of the résumé he sold to voters.
North Carolina – N.C. Court Strikes Down Voter ID Law as Intentional Racial Discrimination
MSN – Eugene Scott, Azi Paybarah, and Amy Gardner (Washington Post) | Published: 12/16/2022
The North Carolina Supreme Court struck down a state voter identification law, ruling Republican lawmakers acted unconstitutionally to minimize Democratic voters’ power with a law that intentionally discriminated against Black voters. Senate Bill 824 required every voter to present one of a few specific forms of photo identification, a measure the justices ruled was passed in part to discriminate against Black voters. Despite most voters having at least one of the forms of identification, the risk of having voters suppressed was very real, they said.
Ohio – Butler County Auditor Found Guilty on One Felony Count
WCPO – Lauren Pack and Rick McCrabb | Published: 12/21/2022
A jury found Butler County Auditor Roger Reynolds guilty of one of the five charges he faced in a public corruption trial. Because he was convicted of a felony, he will not be able to serve as auditor. The charge was related to Reynolds advocating for Lakota Schools to build a golf academy at a private country club with tax money that school districts receive from the auditor’s office.
Ohio – FirstEnergy Execs Promised DeWine Administration Would ‘Step In’ for Scandal-Tainted HB6, Emails Show
MSN – Jake Zuckerman and Jeremy Pelzer (Cleveland Plain Dealer) | Published: 12/22/2022
A FirstEnergy executive privately pledged that Ohio Gov. Mike DeWine’s administration would “step in” to support legislation now at the center of the largest public corruption scheme in state history, documents show. As the tainted legislation neared the finish line in 2019, FirstEnergy executives discussed deploying lawmakers and top state officials to push for the law’s passage. Prosecutors allege FirstEnergy paid roughly $60 million to a nonprofit controlled by then-House Speaker Larry Householder so he would champion a bailout of two nuclear plants and energy legislation worth more than $1.3 billion to the company and its subsidiary.
Ohio – Three Former Toledo City Councilmembers Plead Guilty in Corruption Probe
MSN – Adam Ferrise (Cleveland Plain Dealer) | Published: 12/16/2022
Three of four former Toledo City Council members accused of soliciting and taking bribes in exchange for votes pleaded guilty to federal charges. Yvonne Harper pleaded guilty to conspiracy to commit bribery, and Larry Sykes and Tyrone Riley each pleaded guilty to one count of extortion. The FBI in July 2020 arrested the group, along with attorney Keith Mitchell, in connection with the probe that shined a light on the tactics the council used to line their pockets with cash in exchange for favors. The four former members of council represented one-third of council at the time of the arrests. All four later resigned from council.
Oregon – Oregon Agencies Scrutinize Controversial Fiber-Optic Deal in Morrow County
MSN – Mike Rogoway (Portland Oregonian) | Published: 12/15/2022
The nonprofit Inland Development Corp. provides fiber-optic internet connections for local government offices and health care agencies. It also served businesses in Morrow County, including Amazon, which has spent more than $8 billion dollars building large data centers in the remote Oregon community. Inland sold the business side of its organization to four local officials as Amazon was seeking new tax breaks. The transaction positioned the local officials to profit from Amazon’s continued growth in the county. The buyers continued to participate in some votes on issues affecting Amazon after the purchase.
South Carolina – SC Coroner Flouts Transparency Laws, Hires Ex-SC State Police Chief Caught in Scam
Charleston Post and Courier – Tony Bartelme | Published: 12/18/2022
In 2019, Michael Bartley applied for a part-time job as a county deputy coroner. He seemed well-qualified, with previous mortuary experience and having served as police chief at South Carolina State University. When asked on a hiring questionnaire whether he had ever stolen anything from his employers, Bartley wrote no. Left unmentioned was his guilty plea to federal charges that he used his public law enforcement job for personal gain in a kickback scheme involved a kickback scheme. His boss, Orangeburg County Coroner Samuetta Marshall, owes the state Ethics Commission $12,430 over violations of open government rules.
South Dakota – Ethics Board Dismisses Noem Plane Case, Says Law Is Unclear
MSN – Stephen Groves (Associated Press) | Published: 12/20/2022
The Government Accountability Board dismissed a complaint against South Dakota Gov. Kristi Noem for using state government aircraft to attend events hosted by political organizations because state law does not define what is meant by “state business.” “It is not felt that the board has authority to establish a definition of state business,” board member David Gienapp said, and suggested that was the purview of the Legislature. Hughes County State’s Attorney Jessica LaMie said in October that her office found “no basis” to pursue charges on the allegations that Noem had misused the state plane or that the plane’s flight records had been altered.
Texas – Grid Reforms Becomes Power Company Lobbyist
Texas Observer – Justin Miller | Published: 12/20/2022
The former chairperson of the House State Affairs Committee, Chris Paddie, has registered as a lobbyist. Though many other Texans have gone straight from public office into private sector lobbying, Paddie’s case is unique in that it poses a challenge to an untested “revolving door” law. That law is one of the state’s few restrictions on a former elected official’s otherwise unfettered ability to capitalize on insider access and legislative expertise.
Virginia – Virginia Subcommittee on Campaign Finance Reform Still Failing to Complete Only Job
Virginia Mercury – Graham Moomaw | Published: 12/21/2022
For a second year in a row, the subcommittee created to take a “comprehensive” look at whether Virginia needs stronger limits on money in politics appears to be failing to complete its only task. It has not met in 2022 and no meeting dates have been set ahead of the 2023 legislative session that starts in January. Virginia currently has virtually no limits on how much money political campaigns can accept from one source and no law prohibiting politicians from spending that money on themselves instead of their campaigns.
Washington DC – Rudy Giuliani Likely Committed Misconduct Over 2020 Election, DC Bar Panel Finds
MSN – Zoe Tillman (Bloomberg) | Published: 12/15/2022
Attorney disciplinary regulators recommended Rudy Giuliani be disbarred in Washington, D.C., after a local bar association panel’s preliminary finding he likely committed misconduct in pressing Donald Trump’s failed legal challenge to President Biden’s 2020 win in Pennsylvania. Disciplinary Counsel Hamilton Fox argued the severe sanction was appropriate because Giuliani’s conduct in Pennsylvania was part of a broader effort to undermine the legitimacy of an election. The hearing committee’s decision is not final and could change as the case continues to wind through the District of Columbia Bar Association’s disciplinary process.
December 15, 2022 •
News You Can Use Digest – December 16, 2022
National/Federal Advocates Seek Federal Investigation of Multistate Effort to Copy Voting Software MSN – Emma Brown, Aaron Davis, and Jon Swaine (Washington Post) | Published: 12/12/2022 An effort by supporters of former President Trump to copy sensitive voting software in multiple […]
National/Federal
Advocates Seek Federal Investigation of Multistate Effort to Copy Voting Software
MSN – Emma Brown, Aaron Davis, and Jon Swaine (Washington Post) | Published: 12/12/2022
An effort by supporters of former President Trump to copy sensitive voting software in multiple states after the 2020 election deserves attention from the federal government, including a criminal investigation and assessment of the risk posed to election security, according to election-security advocates. They said by copying voting software and circulating it “in the wild,” partisan election deniers have created a digital road map that could help hackers alter results or disrupt voting.
‘Dark Money in Politics an Even Darker Place’ Now, Judges Warn
Washington Post – Rachel Weiner | Published: 12/14/2022
Watchdogs looking to toughen federal enforcement of campaign finance laws will not get any help from the judiciary after an appellate court ruling that advocates and some judges warn will lead to more untraceable election spending. A nonprofit asked the U.S. Court of Appeals for the District of Columbia Circuit to take another look at a decision that prevented courts from reviewing FEC decisions or stopped private parties from challenging the commission’s decisions for cases in which the agency invokes “prosecutorial discretion.” Writing for the three-judge panel, Judge Neomi Rao said, “prosecutorial discretion is not judicially reviewable.”
DOJ: Barrack, Wynn losses won’t derail foreign influence crackdown
MSN – Caitlin Oprysko (Politico) | Published: 12/8/2022
The head of the Justice Department’s counterintelligence division vowed the department would not be deterred by a string of recent legal setbacks in its attempts to crackdown on foreign influence efforts in the United States. “We will continue to bring hard cases,” Jay Bratt said at a conference for Foreign Agents Registration Act (FARA) lawyers. Bratt was pushing back on the suggestion by some FARA practitioners that the recent acquittal of Tom Barrack on charges of illegal foreign lobbying could trigger a retrenchment by the department.
Ex-Venezuelan Treasurer, Husband Convicted of Corruption in First Trial of Its Kind in Florida
MSN – Jay Weaver and Antonio Maria Delgado (Miami Herald) | Published: 12/13/2022
A former Venezuelan national treasurer and her husband were found guilty of accepting tens of millions of dollars in bribes and moving their tainted money to Miami. Claudia Díaz Guillen and her husband, Adrian Velásquez Figueroa, were convicted after a few hours of deliberations by a federal jury of money laundering conspiracy and related charges. Díaz was the first former Venezuelan official to face trial among dozens of elite businessmen, lawyers, and officials who have been charged with foreign corruption extending from their homeland to South Florida, a hub for so-called kleptocrats seeking a haven for their ill-gotten fortunes, federal authorities say.
FTX Founder Bankman-Fried’s Campaign Finance Charges ‘Just the Tip of the Iceberg’
MSN – Julia Manchester (The Hill) | Published: 12/13/2022
FTX founder Sam Bankman-Fried was charged with violating a slew of campaign finance laws, marking another major blow for the former cryptocurrency leader. The federal indictment alleged that in addition to committing securities and wire fraud, Bankman-Fried gave a minimum of $25,000 in campaign finance donations to campaigns and PACs “in the names of other persons.” He was one of the most prominent donors in this campaign cycle. Citizens for Responsibility and Ethics in Washington had filed a complaint requesting the FEC investigate Bankman-Fried for campaign finance violations.
GOP Operative Who Allegedly Kicked a Dog Hired as Top Aide to New Congressman
Yahoo News – Daniel Lippman (Politico) | Published: 12/13/2022
Brandon Phillips, a veteran Republican operative who is slated to be chief of staff for incoming U.S. Rep. Mike Collins, was arrested in November on a misdemeanor charge of animal cruelty for allegedly kicking a dog. In 2016, Phillips resigned as Donald Trump’s state director in Georgia after his prior criminal history was revealed. He participated in a meeting that was held exclusively for congressional chiefs of staff for Georgia Republicans. Phillips also was with Collins for new member orientation.
House Democrats Reject Committee Term Limit Proposal
MSN – Lindsay McPherson (Roll Call) | Published: 12/13/2022
U.S. House Democrats rejected an effort to limit how long their committee leaders can serve without a waiver from the entire caucus. An amendment would have set a six-year term limit for committee leaders, counting time served as chair and ranking member together. Rep. Bill Foster said the members who are held back by the current system are the younger, more diverse members and his amendment would have given those members earlier opportunities to serve in committee leadership positions.
House GOP Reckons with ‘Candidate Quality’ Problem After Midterms – and ahead of 2024
MSN – Ally Mutnick (Politico) | Published: 12/13/2022
Republicans gained control of Congress thanks to wins by some of their strongest recruits in years. But far-right, inexperienced, and Donald Trump-endorsed candidates lost winnable seats across the country. Some House members and operatives are already debating and trading ideas about how to multiply the number of top-tier candidates and avoid unelectable ones. Recruitment has taken on increasing importance after the midterms. The GOP’s narrow majority will make governing nearly impossible and make the next battle for the House in 2024 a toss-up.
In Senate Shake-Up, Sinema Changes Her Party Affiliation to Independent
MSN – Liz Goodwin, John Wagner, Eugene Scott, and Leigh Ann Caldwell (Washington Post) | Published: 12/9/2022
U.S. Sen. Kyrsten Sinema announced she was leaving the Democratic Party, dampening Senate Democrats’ post-midterms celebrations and potentially endangering party’s chances of holding onto the seat in 2024. Some Arizona Democrats accused Sinema of making the switch for political reasons, to avoid a near-certain Democratic primary challenge in 2024 if she decides to run as an independent in that race. But Sinema, and some of her colleagues in the Senate, said her decision was more about reflecting a discomfort with formally belonging to a party that increasingly felt alien to her in recent years.
Inside the Secret $32M Effort to Stop ‘Stop the Steal’
MSN – Zach Montellaro (Politico) | Published: 12/12/2022
A pair of progressive organizations operating in complete secrecy spearheaded a $32 million campaign during the midterms to push back against former President Trump’s “Stop the Steal” movement. The effort was undertaken by two newly created groups: Pro-Democracy Center and Pro-Democracy Campaign. Those groups operated in states across the country as the election system faced unprecedented pressure from Trump and his allies, who falsely said the 2020 election was stolen.
Kavanaugh Holiday Party Appearance Raises More Ethics Questions
Bloomberg Law – Lydia Wheeler | Published: 12/12/2022
It was reported that Justice Brett Kavanaugh attended a private holiday party at the home of Matt Schlapp, who is chairperson of the Conservative Political Action Coalition, and attendees included Stephen Miller, whose group America First Legal Foundation has interests in cases now pending before the court. Kavanaugh’s party-going raises questions about when a justice’s personal relationships cross a line and become problematic. Democrats have recently renewed calls for sitting Supreme Court justices to follow a formal judicial code of ethics.
Police Raid More EU Parliament Offices in Corruption Probe
MSN – Samuel Petrequin (Associated Press) | Published: 12/12/2022
Prosecutors investigating alleged influence peddling at the European Parliament charged four people with corruption, participation in a criminal group, and money laundering. Parliament Vice President Eva Kaili of Greece was relieved of her duties. Authorities have not identified the country suspected of offering cash or gifts to officials in exchange for political favors, but several members of the assembly and some Belgian media have linked the investigation to Qatar. Critics said the scandal was symptomatic of a more widespread problem with corruption not just in the European Parliament, but across all the European Union institutions.
‘Stealth’ Efforts to Influence Supreme Court Discussed by Judiciary Committee
MSN – Ann Marimow and Emma Brown (Washington Post) | Published: 12/8/2022
In testimony to the House Judiciary Committee, evangelical minister Robert Schenck said he encouraged wealthy Christian couples to use tactics like donations to the Supreme Court Historical Society to meet justices and to parlay those encounters into closer relationships to achieve their objectives at the court. Schenck was subpoenaed to testify as part of an effort by Democrats on the committee to strengthen ethics rules for justices, who are not bound by any code of conduct and are responsible for policing themselves. Critics say that structure allows for loopholes that undermine public faith in the court’s independence.
Transgender Americans Feel Under Siege as Political Vitriol Rises
Yahoo – Maggie Astor (New York Times) | Published: 12/10/2022
Intimidation and violence against gay and transgender Americans spread in 2022, driven heavily, extremism experts say, by inflammatory political messaging. Over the past couple of years, it has become routine for conservatives to liken transgender people and their allies to pedophiles, and to equate discussion of gender identity with “grooming” children for sexual abuse, reminiscent of campaigns against gay rights dating back to the 1970s to turn increasing visibility of transgender Americans into a political wedge.
Trump Told Crowd to ‘Fight Like Hell’ Before Riot. Can He Be Sued?
MSN – Rachel Weiner (Washington Post) | Published: 12/7/2022
A federal appeals court debated whether Donald Trump can be forced to pay damages for his role in the riot at the U.S. Capitol to lawmakers and police officers injured by the mob. While they struggled with the line between protected speechmaking and actionable incitement, all three judges on indicated that a line exists, and the former president may have crossed it. One judge, a Trump appointee who served in his administration, said Trump potentially instigated violence when he told his supporters the election was stolen and urged them to march on the Capitol and “fight like hell.”
U.S. Judge Won’t Hold Trump’s Office in Contempt, People Familiar Say
MSN – Spencer Hsu, Jacqueline Alemany, and Josh Dawsey (Washington Post) | Published: 12/9/2022
U.S. Sen. Kyrsten Sinema announced she was leaving the Democratic Party, dampening Senate Democrats’ post-midterms celebrations and potentially endangering party’s chances of holding onto the seat in 2024. Some Arizona Democrats accused Sinema of making the switch for political reasons, to avoid a near-certain Democratic primary challenge in 2024 if she decides to run as an independent in that race. But Sinema, and some of her colleagues in the Senate, said her decision was more about reflecting a discomfort with formally belonging to a party that increasingly felt alien to her in recent years.
What the Jan. 6 Select Committee’s Final Report Will Look Like
MSN – Kyle Cheney and Nicholas Wu (Politico) | Published: 12/12/2022
The final report of the House select committee that has been investigating the January 6 insurrection will begin with a voluminous executive summary describing former President Trump’s culpability for his extensive and baseless effort to subvert the 2020 election, according to people briefed on its contents. Drafts of the report include thousands of footnotes drawn from the panel’s interviews and research over the past 16 months into Trump’s activities in the final weeks that preceded January 6, 2021, when a mob of his supporters battered police and stormed the Capitol.
From the States and Municipalities
Arizona – Kari Lake Sues Arizona’s Largest County, Seeking to Overturn Her Defeat
DNyuz – Alexandra Berzon, Ken Bensinger, and Charles Homans (New York Times) | Published: 12/9/2022
Kari Lake, the losing Republican candidate for governor of Arizona, filed a lawsuit contesting the results of the election. Lake’s lawsuit came after she had spent weeks making a series of public statements and social media posts aimed at sowing doubt in the outcome of a contest she lost by more than 17,000 votes to her Democratic opponent, Katie Hobbs. That loss was certified in documents signed by Hobbs, who currently serves as secretary of state.
California – Former SF Building Inspector Pleads Guilty to Taking Illegal Payments
MSN – Staff (KBCW) | Published: 12/9/2022
Bernard Curran, a former San Francisco building inspector, pleaded guilty to two counts of accepting gratuity payments as rewards for approving building permits. In one instance, Curran accepted $260,000 from a developer to assist Curran in paying down his existing residential mortgage so he could obtain favorable refinancing rates. Though he intended to repay the money, he knew that accepting it was improper and created a forbidden conflict-of-interest. Curran admitted the developer never required him to repay $30,000 of the outstanding balance.
California – Leaked Tape Turns LA City Council Member into a Fugitive in His Hometown
MSN – Alexander Nieves and Jeremy White (Politico) | Published: 12/13/2022
Two months after becoming entangled in a racism scandal that shook public trust in Los Angeles government, disgraced city council member Kevin de León has refused calls to resign and is attempting to rehabilitate his reputation. His situation deteriorated when he scuffled with an activist who heckled him at a holiday toy giveaway that was posted on Twitter. The confrontation left children at the event in tears. When De Leon appeared at his first council meeting since mid-October, it set off a chaotic protest between competing factions in the audience.
Colorado – Denver Schools Investigated Former Principal Over $175K in Purchases, Then Promoted Her
Yahoo News – David Migoya (Colorado Springs Gazette) | Published: 12/11/2022
A Denver Public Schools principal with a history of financial woes was investigated last year over allegations that more than $175,000 was misspent on district credit cards, nearly half of it unaccounted for and without receipts, but managed to keep her job and was eventually promoted. Although the school district confiscated the credit card it issued to Kimberly Grayson over concerns of misspending, as well as the cards issued to three others she supervised at the school, the district later gave the card back to Grayson and, according to documents, her spending quickly resumed.
Florida – Sunset Lounge Dispute with City of West Palm Beach Headed to Trial in May
MSN – Terri Parker (WBPF) | Published: 12/13/2022
The lawsuit by Vita Lounge LLC against the West Palm Beach Community Redevelopment Agency over the Sunset Lounge bid award is headed to trial in May. Vita Lounge claims it was improperly disqualified from running the historic venue after it won the bid to negotiate a contract. The city’s procurement director said Vita violated the city code surrounding such bids by lobbying people to contact the mayor and commission via Facebook posts.
Georgia – Georgia Secretary of State Calls for End to Runoff Elections
MSN – Matthew Brown (Washington Post) | Published: 12/14/2022
Georgia Secretary of State Brad Raffensperger called on the Legislature to eliminate runoff voting during its session next year after another bitter overtime election gripped the state. Raffensperger cited the added stress that conducting a runoff election puts on counties and voters as part of his reasoning. Georgia’s peculiar runoff system is the product of its post-segregationist election laws, which lawmakers later admitted were intended to suppress emerging Black political power.
Georgia – Special Counsel Sends Trump Subpoena to Ga. Secretary of State Raffensperger
MSN – Amy Gardner (Washington Post) | Published: 12/12/2022
Special counsel Jack Smith sent grand jury subpoenas to Georgia Secretary of State Brad Raffensperger and to authorities in Clark County, Nevada, bringing to six the number of 2020 battleground states where state or local election officials are known to have received such requests for all communications with Donald Trump, his campaign, and a long list of aides and allies. Raffensperger shot to prominence following a January 2, 2021, phone call with Trump in which the then-president urged him to “find” enough votes to reverse his defeat in Georgia.
Hawaii – Most Hawaii Campaign Spending Violators Never See Jail Time
Honolulu Civil Beat – Blaze Lovell | Published: 12/15/2022
Criminal referrals are rare for violations of campaign finance law in Hawaii. Certain campaign finance crimes are classified as Class C felonies, punishable by up to five years in prison and $10,000 in fines. But jail time has not been levied against campaign spending violators since the early 2000s. In the past, the Hawaii Ethics Commission had to choose between referring a case to prosecutors and assessing fines. A new law allows the commission to assess fines and refer a case to prosecutors concurrently.
Michigan – Dana Nessel: Keep Lee Chatfield records secret to avoid embarrassment
Bridge Michigan – Kelly House and Jonathan Oosting | Published: 12/14/2022
Michigan Gov. Gretchen Whitmer vowed to enact laws that would make records from her office and the Legislature publicly available and said the state needs to examine loopholes in lobbying rules that potentially contributed to the actions of former House Speaker Lee Chatfield, who is under criminal investigation over allegations of bribery, campaign finance violations, and other crimes. Assistant Attorney General Michael Frezza told a judge the probe involves other high level government officials and lobbyists.
Mississippi – Ethics Commission’s Final Order: Law does not require Legislature to meet in public
Mississippi Today – Bobby Harrison | Published: 12/14/2022
Members of the Mississippi Ethics Commission approved a final order saying the state Legislature is not bound by the open meetings law. The order adopted on December 14 saying the Legislature is not a public body as defined by the law was a final order. The issue arose from a complaint saying House Speaker Philip Gunn was violating the open meetings law when the Republican Caucus, which includes 75 members of the 122-member House, meets routinely behind closed doors. The constitution mandates that a majority of either the House or Senate is a quorum.
New Jersey – Bill to Revamp Campaign Finance Laws Clears Assembly Hurdle
New Jersey Monitor – Nikita Biryukov | Published: 12/13/2022
A New Jersey Assembly panel approved a new version of a bill that would revamp campaign finance laws that supporters say are outdated, but critics warned the changes could shield corruption and increase the influence of wealthy donors. Assembly Bill 4372 would double campaign contribution limits, bolster the state’s gubernatorial public financing program, and revise the state’s “pay-to-play” laws.
New Jersey – N.J. Politicians Could Soon Have Their Home Addresses Blocked Out on Public Records
MSN – Brent Johnson (Newark Star Ledger) | Published: 12/13/2022
Two years after passing a law that shields the home addresses of judges and law enforcement officials in New Jersey out of security concerns, state lawmakers are now advancing legislation that keep their own addresses, and those of other politicians, from being released to the public. Sponsors say the bill is needed to protect politicians in the wake attacks on public officials in recent years. Critics note lawmakers would be exempting themselves when there have been attacks on Jewish people, LGBTQ people, reporters, and others who would not get the same protections.
New Mexico – NM Lawmakers Update Anti-Harassment Policy for the Roundhouse
Albuquerque Journal – Dan McKay | Published: 12/12/2022
Legislative leaders in New Mexico agreed to reshape how sexual harassment investigations are conducted at the state Legislature, a move intended to make it more difficult for inquiries to die on a tie vote. The new policy adds an outside attorney to a key panel that investigates harassment complaints lodged against legislators, putting the attorney in position to cast a tie-breaking vote on whether a case moves forward. The change comes after a high-profile harassment case against Sen. Daniel Ivey-Soto.
New York – NYC Mayor’s Chief of Staff Will Keep a Public Board Seat with Possible Conflict
MSN – Gregory Korte (Bloomberg) | Published: 12/12/2022
Camille Varlack, the incoming chief of staff to New York City Mayor Eric Adams, serves on the board of a publicly owned energy company that does business with the city, a $140,000-a-year role she plans to keep despite a conflict-of-interest policy that generally prohibits the practice. The city charter prohibits city officials from having “an interest in a firm which such public servant knows is engaged in business dealings with the agency served by such public servant.” Sometimes employees can secure a waiver from the Conflicts of Interest Board, but the board said no such request has been granted or initiated by the mayor’s office.
Ohio – Judge Will Allow ‘Pay-to-Play’ Recording at Former GOP House Speaker Larry Householder’s Trial
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 12/13/2022
A federal judge handed an early win to prosecutors by ruling in their favor on a handful of motions over what evidence could be presented in the looming criminal trial of former Ohio House Speaker Larry Householder. U.S. District Court Judge Timothy Black granted several requests from prosecutors. He also denied others from Householder, who is accused of operating a “pay-to-play” scheme. The charge centers on FirstEnergy and its $60 million in payments to a nonprofit allegedly controlled by Householder, and legislation creating a $1.3 billion subsidy for nuclear plants owned at the time by the company’s subsidiary.
Ohio – Lawmakers Send Elections Bill with Tougher Photo ID Requirement to Gov. Mike DeWine’s Desk
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 12/15/2022
The Ohio General Assembly approved a sweeping elections bill, sending it to Gov. Mike DeWine’s desk. House Bill 458 would require a voter to show a photo ID when voting in person, either early or on Election Day. The bill includes a slew of other measures, including largely ending special elections in August, specifying that county boards of election can offer only a single drop box for completed absentee ballots, and eliminating the day of early, in-person voting the day before Election Day.
Oregon – Oregon’s Top Election Official Seeks More Money to Combat Election Misinformation
Oregon Capital Chronicle – Julia Shumway | Published: 12/8/2022
Citing an increase in misinformation, complaints, and time-consuming public records requests from election deniers, Oregon Secretary of State Shemia Fagan is seeking roughly $2 million over the next two years to hire more staff dedicated to election security and oversight. Fagan is also seeking funds to begin replacing the state’s outdated campaign finance database, ORESTAR. The system has been in place for 20 years, runs slowly, and cannot be opened in more than one tab or window, among other frustrations for users.
Pennsylvania – Cost of Pennsylvania Governor’s Race Sets New Record Amid ‘Campaign Finance Arms Race’
Spotlight PA – Angela Couloumbis | Published: 12/10/2022
The total cost of the governor’s race in Pennsylvania topped $100 million in this last election cycle, a new spending record in the race to win the state’s highest office. The spending puts on display Pennsylvania’s distinction as having some of the most lax campaign finance laws in the country, ones that place no limits on how much money candidates can accept from donors. It also gives reform advocates pause because it has the potential to raise the bar for competing in future races, entrenching incumbents, and shutting out otherwise good candidates who lack a deep bench of donors.
Pennsylvania – With Majority at Stake, Pa. House Republicans Sue to Block Democratic-Scheduled Special Elections
Spotlght PA – Stephen Caruso | Published: 12/10/2022
Pennsylvania House Republicans filed a lawsuit to block three legislative special elections from taking place in February, potentially delaying a clear-cut majority for Democrats, and allowing the GOP to maintain some measure of power into spring. The suit argues House Democratic Leader Joanna McClinton did not have the authority to schedule the elections. Democrats must win all three seats to keep their majority.
Rhode Island – AG: McKee can keep political dossiers secret despite violation of public records law
MSN – Eli Sherman (WPRI) | Published: 12/14/2022
Gov. Dan McKee’s office violated public records law in its effort to withhold background reports on some of the state’s top politicians who were being considered for lieutenant governor, but still had the right to keep the information secret under a different rationale, the Rhode Island attorney general’s office ruled. McKee’s office initially denied a request for the dossiers, arguing because the information was a “political assessment of the candidates and thereby a private political document ….”
Rhode Island – Prov. Ethics Commission ‘Is Not Working,’ Chairman Says, as Complaints Get Dismissed
WPRI – Steph Machado | Published: 12/8/2022
The Providence Ethics Commission met recently for the first time in more than a year, voting to dismiss two complaints against high-profile city leaders which they had previously voted to investigate but then never actually considered. Commission Chairperson Andrew Kanter said the complaints were dismissed not because the panel determined they did not have merit, but because it has been unable to consider them or hold hearings on them. “It’s clear the commission is not working,” Kanter said.
Tennessee – Longtime Tennessee Domestic Violence Leader Is Out Following Critical Federal Investigation
Tennessee Lookout – Anita Wadhwani and Natasha Senjanovic | Published: 12/14/2022
Kathy Walsh, the longtime leader of the Tennessee Coalition to End Domestic and Sexual Violence, has left the organization. The change comes less than a week after the media reported on findings of whistleblower retaliation at the nonprofit. Walsh helped build its reputation as the leading voice for domestic and sexual violence victims in the state. As a registered lobbyist, she also helped shape many pieces of legislation. But a federal probe found Walsh was involved in forcing out an employee who blew the whistle on the potential misuse of federal grant funds.
Virginia – Investigation Clears Va. Agency for Contract with Youngkin’s Ad-Maker
MSN – Laura Vozzella (Washington Post) | Published: 12/10/2022
The Virginia inspector general found state officials committed no wrongdoing by awarding a $268,000 contract to Gov. Glenn Youngkin’s political ad-maker in what was initially a no-bid deal. Democrats questioned how the firm, Poolhouse, won the chance to make a state tourism video and whether the Virginia Tourism Corp., a taxpayer-funded public authority, had paid too much for the 60-second spot featuring Youngkin. Poolhouse made $1.5 million in campaign ads for Youngkin during last year’ss gubernatorial race and has continued working with the governor as he explores a 2024 presidential bid.
Washington DC – D.C. Elections Board: Silverman’s poll did not break campaign finance law
MSN – Michael Brice-Saddler (Washington Post) | Published: 12/12/2022
The District of Columbia Board of Elections sided with Councilperson Elissa Silverman in her appeal of a decision from the Office of Campaign Finance (OCF), ruling she did not misuse campaign funds while polling for the Democratic primary election. She sought to clear her name over a complaint brought by fellow at-large candidate Karim Marshall, who asked the OCF to determine whether Silverman violated rules or improperly coordinated with other candidates while polling for the Ward 3 contest. The OCF had ordered Silverman to reimburse the city $6,277.52 for the polling expenditures.
December 9, 2022 •
News You Can Use Digest – December 9, 2022
National/Federal Democrats Ramp Up Investigation of Kushner Family Business Dealings MSN – Michael Kranish (Washington Post) | Published: 12/7/2022 Democrats on a pair of congressional committees launched a new effort to obtain information about whether Jared Kushner’s actions on U.S. policy […]
National/Federal
Democrats Ramp Up Investigation of Kushner Family Business Dealings
MSN – Michael Kranish (Washington Post) | Published: 12/7/2022
Democrats on a pair of congressional committees launched a new effort to obtain information about whether Jared Kushner’s actions on U.S. policy in the Persian Gulf region as a senior White House adviser were influenced by the bailout of a property owned by his family business. Citing previously undisclosed documents related to former President Trump’s son-in-law, the committees sent letters to the State and Defense departments requesting material they say could shed new light on whether “Kushner’s financial conflict of interest may have led him to improperly influence U.S. tax, trade and national security policies for his own financial gain.”
DNC Moves Forward with Dramatic Change to Presidential Primary Calendar
MSN – Elena Schneider (Politico) | Published: 12/2/2022
The Democratic National Committee voted to radically alter its presidential nominating calendar, following President Biden’s recommendations to elevate South Carolina as the first primary state and to eliminate Iowa, breaking with historical precedent. But there are still several logistical hurdles for the party to clear to make the new vision a reality. Members of the party’s Rules and Bylaws Committee, charged with recommending a new calendar, gave a near-unanimous vote of approval for Biden’s proposal, with only minor tweaks to the dates and two ‘no’ votes from Iowa and New Hampshire members.
Ex-Miami US Rep. David Rivera Arrested in Venezuela Probe
Yahoo News – Joshua Goodman and Terry Spencer (Associated Press) | Published: 12/5/2022
Former U.S. Rep. David Rivera, who signed a $50-million consulting contract with the Venezuela government, was arrested on suspicion of money-laundering and representing a foreign government without registering. The indictment alleges Rivera, at the start of the Trump administration, was part of a conspiracy to lobby on behalf of Venezuela to lower tensions with the U.S., resolve a legal dispute with an American. oil company, and end U.S. sanctions against the South American nation – all without registering as a foreign agent.
Fearing Scandal, Air Force Blocked Generals’ Foreign Consulting Deals
MSN – Craig Whitlock and Nate Jones (Washington Post) | Published: 12/5/2022
During the height of the war in Afghanistan, Pentagon officials persuaded Azerbaijan President Ilham Aliyev to open his country’s borders and airspace to allied supply routes. In exchange, U.S. officials promised a closer diplomatic partnership with Aliyev and steered $369 million in defense contracts to Silk Way Airlines, an Azerbaijan cargo carrier that U.S. investigators say was controlled by the government. Two U.S. Air Force generals, Duncan McNabb and William Fraser III, who oversaw the supply routes later tried to cash in on their Azerbaijan connections. Upon retiring from active duty, they negotiated valuable consulting deals with Silk Way Airlines.
Federal Election Commission Passes New Digital Ad Disclosure Rule
OpenSecrets – Taylor Giorno | Published: 12/1/2022
The FEC adopted a new rule requiring disclosures for political advertising online. Previously, digital ads were not subject to the same disclosure requirements as those in broadcast or print media. The rule expands the definition of “public communication” to “any public communication over the internet that is placed for a fee on another person’s website, digital device, application, or advertising platform.” But the commissioners rejected language requiring those who promote digital political ads to disclose if they are being paid to do so.
House Ethics Committee Admonishes Rep. Madison Cawthorn Over Crypto Promotion, Failure to Disclose Stake
CNBC – Dan Mangan | Published: 12/7/2022
The House Committee on Ethics said it admonished outgoing U.S. Rep. Madison Cawthorn and ordered him to pay more than $15,000 for violating conflict-of-interest rules by publicly promoting a cryptocurrency he owned and for failing to promptly disclose crypto transactions. The committee also said an investigative subcommittee’s report did not find evidence Cawthorn engaged in an improper romantic or sexual relationship with a staffer, with whom he had been seen in videos “engaging in explicit and sexually suggestive comments and conduct.”
Items with Classified Markings Found at Trump Storage Unit in Florida
MSN – Jacqueline Alemany, Josh Dawsey, Spencer Hsu, Devlin Barrett, and Rosalind Helderman (Washington Post) | Published: 12/7/2022
Lawyers for former President Trump found at least two items marked classified after an outside team hired by Trump searched a storage unit in West Palm Beach, Florida, used by the former president, according to people familiar with the matter. Those items were immediately turned over to the FBI. The search was one of at least three conducted by an outside team of his properties for classified materials in recent weeks, after they were pressed by a federal judge to attest they had fully complied with a grand jury subpoena to turn over all materials bearing classified markings.
Justice Dept. Subpoenas Ariz., Mich., Wis. Officials for Trump Communications
MSN – Amy Gardner, Isaac Stanley-Becker, Yvonne Wingett Sanchez, and Patrick Marley (Washington Post) | Published: 12/6/2022
Special counsel Jack Smith subpoenaed local officials in Arizona, Michigan, and Wisconsin – three states that were central to former President Trump’s failed plan to stay in power following the 2020 election – for any and all communications with Trump, his campaign, and a long list of aides and allies. They are among the first known subpoenas issued by Smith, who was named to oversee the U.S. Capitol attack case as well as the criminal probe of Trump’s possible mishandling of classified documents at his Florida home.
Rupert Murdoch to Be Deposed in $1.6 Billion Defamation Case Against Fox
MSN – Jeremy Barr and Rachel Weiner (Washington Post) | Published: 12/5/2022
Rupert Murdoch, chairperson of Fox News parent company Fox Corp, will be forced to answer questions under oath about his network’s coverage of the 2020 presidential election. Murdoch will be deposed as part of Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News. The lawsuit alleges the network purposely aired false claims about Dominion’s role in the 2020 presidential election to boost ratings and fight off competition from more-conservative-leaning television networks.
Ted Cruz’s Podcast Deal With iHeartMedia May Violate Ethics Laws, Watchdog Says in New Complaint
MSN – Zach Everson (Forbes) | Published: 12/1/2022
U.S. Sen. Ted Cruz may have violated a federal law barring senators from receiving gifts from registered lobbyists when he accepted podcast production services from iHeartMedia, according to a complaint filed by the Campaign Legal Center with the Senate Select Committee on Ethics. Senators also are barred from accepting honoraria for oral presentations transmitted electronically. The complaint claims that Cruz’s deal with iHeartMedia could not be qualified as a political contribution either, because corporations are banned from donating directly to campaigns, even via in-kind contributions.
Trump Mar-a-Lago Special Master Struck Down by Appeals Court
MSN – Perry Stein and Devlin Barrett (Washington Post) | Published: 12/1/2022
A federal appeals court panel halted an outside review of thousands of documents seized from former President Trump’s Florida residence, ruling a lower-court judge was wrong to appoint an expert to decide whether any of the material should be shielded from criminal investigators. The ruling, which Trump may appeal to the Supreme Court, means criminal investigators can again access the unclassified documents that were recovered in the search. The Justice Department has said those materials may be important in their probe of the possible mishandling of classified documents, obstruction, and destruction of government property at Mar-a-Lago.
Trump’s Committee Paying for Lawyers of Key Mar-a-Lago Witnesses
MSN – Devlin Barrett, Josh Dawsey, and Isaac Stanley-Becker (Washington Post) | Published: 12/5/2022
Former President Trump’s PAC is paying legal bills for some key witnesses involved in the Justice Department investigation into whether Trump mishandled classified documents, obstructed the investigation, or destroyed government records. Jim Walden, a former federal prosecutor, said the payment arrangement raises concerns about whether the reimbursement of legal fees may influence what the witnesses say or do. He noted if Justice Department officials have ethical concerns, they could ask a judge to, at a minimum, question the clients about whether they are certain their interests are being protected.
Vows to Reject Corporate PAC Money on the Rise for Incoming Congress
MSN – Kate Ackley (Roll Call) | Published: 12/5/2022
More than 70 members of the 118 Congress say they are swearing off contributions from corporate PACs, indicating that a trend, almost exclusively among Democrats, that caught on during the 2018 election cycle has persisted. Business PACs face an uncertain future as the scramble for their money diminishes. Recent cycles have also seen an explosion in contributions of small amounts by more donors, especially among Democrats.
Canada
Canada – MPs Step in to Delay New Lobbying Code of Conduct Following Complaints
Globe and Mail – Bill Curry | Published: 12/1/2022
Members of Parliament delayed a new code of conduct for lobbyists after receiving a wide range of complaints. Some of the changes are being criticized as a major softening related to situations in which lobbyists campaign for politicians, while some lobbyists are objecting to proposed new restrictions on the many evening events hosted by organizations on Parliament Hill.
From the States and Municipalities
Arizona – Ariz. County Ordered to Certify Election as GOP Lawyers Are Sanctioned
MSN – Isaac Stanley-Becker and Yvonne Wingett Sanchez (Washington Post) | Published: 12/1/2022
A judge in Arizona ordered the governing board of Cochise County to certify the results of the November 8 election, finding its members had no authority to shirk a duty required under state law. The surrender, under court order, ended a standoff that threatened to upend the state’s process for affirming the will of more than 2.5 million Arizona voters. The ensuing chaos could have undermined the projected victories of Republicans in a U.S. House seat and the statewide race for schools superintendent.
California – Councilmember Rebecca Kaplan Faces $19,000 Ethics Fine
MSN – Darwin BondGraham (Oaklandside) | Published: 12/2/2022
Oakland City Councilperson Rebecca Kaplan is facing a $19,000 fine because she allegedly failed to disclose her ownership of a condominium located next to a waterfront park which she and the rest of the council voted to expand, using over $1 million in city funds. The improvement to the park stood to increase the value of her condo. Kaplan purchased the condo in 2013 along with her parents, but for the next seven years she did not list it on the annual financial disclosure forms that elected officials are required to file with the city.
California – L.A. City Council Votes to Reinstate Salary of Indicted Member Mark Ridley-Thomas
MSN – David Zahniser (Los Angeles Times) | Published: 12/7/2022
The Los Angeles City Council voted to reinstate the salary of indicted Councilperson Mark Ridley-Thomas, more than a year after he was suspended from his post while facing federal corruption charges. Ridley-Thomas sued the city over his suspension earlier this year, saying it violated the City Charter and was politically motivated. He will receive about $265,000, while an additional $99,500 will go to his legal team.
Florida – Florida Lawmaker Charged with Defrauding Pandemic Loan Program
MSN – Andrew Jeong (Washington Post) | Published: 12/8/2022
A Florida lawmaker known for sponsoring legislation that regulates classroom talk about sexual orientation and gender identity was indicted by a grand jury for allegedly trying to illicitly obtain more than $150,000 in federal pandemic relief funds. State Rep. Joseph Harding was accused of making fraudulent applications to the Small Business Administration using the names of dormant business entities. Harding is also accused of submitting “fraudulently created bank statements” in the applications, federal prosecutors said.
Florida – Matt Gaetz Associate Joel Greenberg Gets 11 Years as Probe into Congressman Stalls, Sources Say
ABC News – Will Steakin | Published: 12/1/2022
Joel Greenberg, the former Florida tax collector who sources say agreed to cooperate in the federal probe into his one-time close associate, U.S. Rep. Matt Gaetz, was sentenced to 11 years in prison after pleading guilty to six of the 33 charges he was facing, including stalking, identity theft, wire fraud, and conspiracy to bribe a public official, as well as one charge of sex trafficking. Multiple sources familiar with the probe said the investigation into Gaetz has stalled.
Florida – Tampa Police Chief Mary O’Connor Resigns Amid Traffic Stop Controversy
MSN – Tony Marrero (Tampa Bay Times) | Published: 12/5/2022
Tampa’s chief of police, Mary O’Connor, resigned after an investigation into a Pinellas County traffic stop where she flashed a badge and asked a deputy to “just let us go.” A deputy pulled over O’Connor and her husband because their golf cart did not have a license plate. Keith O’Connor said they stopped at nearby restaurant and did not usually drive the cart on public roads. The deputy let them go without a citation. Mary O’Connor handed over what appeared to be her business card, telling the deputy, “You ever need anything, call me.”
Georgia – After Georgia Loss, G.O.P. Stares Down Its Trump Dilemma
DNyuz – Jonathan Weisman and Maya King (New York Times) | Published: 12/7/2022
The Democrats’ capstone re-election victory of U.S. Sen. Raphael Warnock forced Republicans to reckon with the red wave that was not, as they turned with trepidation to 2024 and the intensifying divisions in the party over former President Trump. For a handful of Republicans, newly emboldened by re-election or retirement to say so aloud, the biggest culprit was Trump. They slammed him for promoting flawed candidates, including Herschel Walker, dividing his party, and turning many swing voters against the GOP for the third election cycle in a row.
Hawaii – ‘A Deep Moral Crisis’: Commission Proposes ‘Bold’ Reforms in Government
Honolulu Civil Beat – Chad Blair | Published: 12/1/2022
A panel tasked with identifying ways to better Hawaii government is calling for sweeping reforms to restore public trust in government. The report from the Commission to Improve Standards of Conduct details more than 30 proposals to reshape state laws and legislative processes in the areas of ethics, corruption, elections, and government operations. The report was triggered by a string of corruption cases involving government officials statewide that made national headlines and raised doubts about the integrity of local government operations.
Illinois – Despite Ban on Lobbyists’ Campaign Money, Lightfoot Took $68K from Lobbyist’s Companies. Now, She’s Giving Much of it Back.
Chicago Sun-Times – Tim Novak and Frank Main | Published: 12/2/2022
More than a decade ago, then-Chicago Mayor Rahm Emanuel issued an executive order that prohibited him and future mayors from taking any campaign money from lobbyists. This year, Mayor Lori Lightfoot has accepted more than $53,000 in 39 campaign contributions from 14 companies affiliated with Carmen Rossi, a registered city lobbyist. Since Lightfoot was elected mayor in 2019, she has gotten a total of $68,500 from companies affiliated with him. A Lightfoot campaign spokesperson said the mayor has decided to return $44,500 in contributions she has received from companies affiliated with Rossi.
Maryland – Mayor Scott Accepts Money from Businessman He Disavowed During Pugh’s Healthy Holly Scandal
Baltimore Brew – Mark Reutter | Published: 12/7/2022
Baltimore City Council President Brandon Scott’s campaign committee reported a $5,000 donation from J.P. Grant, who was linked to the scandal surrounding former Mayor Catherine Pugh. Scott got still more money from two parties linked to the construction company that is secretly financed by Grant, Commercial Utilities LLC. The Board of Estimates recently approved a $12 million increase to the conduit contract that Commercial Utilities co-manages. Scott has said that contributions do not influence his votes on the Board of Estimates.
Mississippi – Ethics Commission Says Legislature Not Subject to Open Meetings Law
Daily Journal – Bobby Harrison (Mississippi Today) | Published: 12/2/2022
The Mississippi Ethics Commission determined the state Legislature is not bound by the open meetings law. The ruling came in a complaint filed by the Mississippi Free Press saying the House Republican caucus members, which currently consist of 75 of the 122 House members, are violating the law when they meet behind closed doors to discuss policy. A news report cited reports of various House members and detailed how the caucus meetings were usually the first place that rank-and-file House Republicans were informed of details of major policies developed by Speaker Philip Gunn and a handful of other leaders.
Missouri – ‘A Scar’ on St. Louis: 3 former aldermen get prison for bribery
St. Louis Post-Dispatch – Katie Kull | Published: 12/6/2022
Three former St. Louis aldermen, including the longtime board president, will go to prison for accepting bribes. John Collins-Muhammad and Lewis Reed each received sentences of three years and nine months, while Jeffrey Boyd was sentenced to three years. It was a conclusion to a case that involved surveillance, hundreds of hours of recorded phone calls and meetings, and thousands of text messages and emails, prosecutors said. The key player was a local businessperson facing his own federal charges who handed out bribes in exchange for tax breaks and a reduced rate on a city-owned property.
New Mexico – Ethics Agency Settles ‘Revolving Door’ Allegations
Albuquerque Journal – Dan McKay | Published: 12/7/2022
New Mexico’s ethics agency reached a $13,000 settlement to resolve a lawsuit it filed alleging violations of a revolving-door ban. The State Ethics Commission accused a former Sandoval County assessor’s office employee, Gabriel Vargas, and Double Eagle Property Tax Consultants of violating the law, which prohibits an ex-government employee from leaving an agency and then representing clients before the agency on a matter they had worked on, or from being paid to represent anyone before the agency at all for one year.
New Mexico – Ethics Board Advances Complaint Against County Commissioner
Albuquerque Journal – Jessica Dyer | Published: 12/2/2022
A Bernalillo County ethics board advanced a complaint alleging an elected official improperly accepted a $5,000 campaign contribution from a lobbyist. The county’s Code of Conduct Review Board decided the complaint against county Commissioner Charlene Pyskoty warranted an evidentiary hearing. Vanessa Alarid gave a $5,000 in-kind donation to Pyskoty’s reelection campaign in June. Alarid represents the developers behind Santolina, a planned community that has been, and will continue to go, before county commissioners to get necessary approvals.
New York – Bribery, Fraud Charges Dismissed Against Ex-NY Lt. Governor
MSN – Larry Neumeister (Associated Press) | Published: 12/5/2022
Bribery and fraud charges against former New York Lt. Gov. Brian Benjamin were tossed out by a federal judge, leaving Benjamin to face only records falsification charges. U.S. District Court Judge J. Paul Oetken said prosecutors failed to allege an explicit example in which Benjamin provided a favor for a bribe, an essential element of bribery and honest services fraud charges. Benjamin pleaded not guilty to charges he obtained a campaign donation from a real estate developer in exchange for his influence to get a $50,000 grant of state funds for a nonprofit organization the developer controlled.
New York – Trump Organization Convicted in Executive Tax Dodge Scheme
MSN – Michael Sisak (Associated Press) | Published: 12/6/2022
Donald Trump’s company was convicted of tax fraud in a case brought by the Manhattan district attorney in a repudiation of financial practices at the former president’s business. A jury found two corporate entities at the Trump Organization guilty on all 17 counts, including conspiracy charges and falsifying business records. As punishment, the Trump Organization could be fined up to $1.6 million, a relatively small amount for a company of its size, though the conviction might make some of its future deals more complicated.
New York – Twin Friends of Eric Adams Are Dogged by Allegations and Unpaid Debts
DNyuz – Michael Rothfeld, William Rashbaum, and Susan Beachy (New York Times) | Published: 12/5/2022
Over the past decade, Johnny and Robert Petrosyants have boasted of their friendship with New York City Mayor Eric Adams while courting partners for a range of business ventures. The relationship has helped them gloss over that both brothers pleaded guilty in 2014 to financial crimes related to insurance claims. By all accounts, Adams has maintained a close relationship with the brothers. For their part, the brothers have generated tens of thousands of dollars for Adams’ campaigns by holding fundraising events and enlisting friends to solicit contributions.
North Carolina – Supreme Court Seems Poised to Reject Robust Reading of ‘Independent State Legislature’ Theory
MSN – Zach Montellaro (Politico) | Published: 12/7/2022
The Supreme Court seemed splintered about whether to adopt a legal theory that would radically reshape how federal elections are conducted. The North Carolina Supreme Court tossed congressional maps drawn by the Legislature as an illegal partisan gerrymander, with court-drawn maps ultimately being used for the 2022 election. Republican legislators asked the U.S. Supreme Court to toss out those court-drawn maps, advancing a once-fringe legal idea called the “independent state Legislature” theory, which argues that an interpretation of a clause in the U.S. Constitution leaves little, or no, room for state court review of election laws.
Ohio – City Council Bans Cleveland from Doing Business with Companies That Practice Wage Theft
MSN – Courtney Astolfi (Cleveland Plain Dealer) | Published: 12/6/2022
The Cleveland City Council approved an ordinance banning the city from doing business with companies found to practice wage theft and those that commit payroll fraud. The new law bars Cleveland from granting financial assistance to such companies or entering into contracts with them for city services or construction. Wage theft is defined as any violation of state or federal law regarding the prompt payment of wages, payment of minimum wage, or prevailing wage rates. Payroll fraud is defined as the concealment of a business’s true tax liability by not reporting or underreporting applicable wages or by paying employees under-the-table.
Oklahoma – With Weak Laws and Little Enforcement, Oklahoma Sees Record-Breaking Dark Money Spending
The Frontier – Clifton Adcock | Published: 12/6/2022
Spending from outside groups soared to more than $33.6 million in Oklahoma’s election cycle this year, the highest recorded level in the state’s history. In the face of increasing outside political spending from secretive groups, some states have moved to require greater disclosure in state and local elections in recent years. But thanks to a lack of funding from the Legislature, Oklahoma has weak enforcement and some lawmakers have even attempted to head off disclosure requirements for “dark money” groups.
Oregon – Long-Serving Director of Oregon Government Ethics Commission Retires
Willamette Week – Nigel Jaquiss | Published: 12/3/2022
One of the state’s longest-serving agency directors officially retired on November 30. Ron Bersin, who has led the Oregon Government Ethics Commission since 2006, told the commission it was time to find his successor. Bersin ensured that local officials complied with ethics laws and public officials and lobbyists filed disclosure statements in a timely manner to provide a way for the public to track their financial interests and activity. He will stay on as interim director through the legislative session but has asked the commission to find a new director by the end of next year.
Oregon – Portland City Officials Avoid Competitive Process for Gunshot Detection Pilot
OPB – Jonathan Levinson | Published: 12/5/2022
Public records show a yearlong courtship between the Portland police and ShotSpotter, a company providing gunshot detection technology, and almost no consideration of a competitor. Text messages between a Portland Police Bureau officer and a ShotSpotter representative suggest a cozy relationship helped pave the way for the city’s decision to pilot the technology. If the city moves forward and puts ShotSpotter in the five Portland neighborhoods with the most gun violence the contract could be worth over $1 million per year.
South Carolina – Judge to Decide Whether to Dismiss Charges Against Quinn, Alleged Kingpin of Corruption Scandal
MSN – John Monk (The State) | Published: 12/2/2022
After a hearing, the issue of whether to dismiss state grand jury perjury and obstruction of justice charges against political consultant Richard Quinn Sr. is now in the hands of Judge Carmen Mullen. The judge said she would weigh complex legal issues, including the relevance of 2021 South Carolina Supreme Court opinion on corruption charges against a former state representative, whether Quinn was afforded due process, and whether prosecutors were right to have Quinn testify in front of a state grand jury where he made statements that resulted in his indictment.
Virginia – Restaurant Refuses Service to Christian Group, Citing Staff ‘Dignity’
MSN – Emily Heil (Washington Post) | Published: 12/6/2022
A restaurant in Richmond, Virginia, refused to host a private event for a conservative Christian organization over the group’s position on same-sex marriage and abortion rights. The restaurant, Metzger Bar and Butchery, called itself an “inclusive” establishment that has rarely refused service to willing patrons, but said it denied service to the group to protect its staff, many of whom are women or members of the LGBTQ+ community. Family Foundation President Victoria Cobb likened the restaurant’s move to establishments that refused to serve Black customers in the 1950s and 1960s.
Washington – SEIU Secretly Lobbied the Washington State Redistricting Commission, Court Filings Allege
The Olympian – Shauna Sowersby (McClatchy) | Published: 12/7/2022
A lobbyist for the Service Employees International Union (SEIU) failed to report lobbying activities related to the Washington State Redistricting Commission in 2021, court records allege. Arthur West, an open government advocate, is suing the commission and the state for withholding and deleting public records. West told said the Legislature recently disclosed more communications the commission intentionally withheld from him in previous public records requests, and they included the unreported lobbying activity by SEIU lobbyist Lindsey Grad.
Washington – WA Appeals Court Largely Upholds Eyman Campaign Finance Violations
Seattle Times – David Gutman | Published: 12/6/2022
A Washington appeals court upheld the majority of campaign finance violations that longtime anti-tax activist Tim Eyman was found liable for last year, keeping in place the multimillion-dollar verdict against him and most of the restrictions barring Eyman from controlling the finances of political committees. It threw out one of the violations against Eyman, a small portion of the restrictions imposed on him, and asked the trial judge to reconsider the size of the fine levied against him. Eyman was fined more than $2.6 million for his campaign finance violations and ordered to pay attorneys’ fees to the state of more than $2.9 million.
Washington DC – Giuliani Puts 2020 Election Back on Trial in DC Ethics Case
MSN – Zoe Tillman (Bloomberg) | Published: 12/5/2022
Rudy Giuliani “weaponized his law license” to try to undermine the U.S. Constitution when he led a failed effort for Donald Trump to invalidate potentially millions of Pennsylvania votes after the 2020 election, District of Columbia Bar officials argued at a hearing. Giuliani’s Washington law license is on the line as he faces allegations that he violated attorney practice rules by filing a “frivolous” post-election lawsuit in federal court that featured baseless claims of widespread fraud. Giuliani’s defense against the ethics complaint involves digging in two years later on his belief there was evidence that the election was tainted by voting irregularities and fraud.
December 2, 2022 •
News You Can Use Digest – December 2, 2022
National/Federal Candidates Recoup $5M in Old Campaign Loans So Far Thanks to Ted Cruz’s $555K Court Win MSN – Todd Gillman (Dallas Morning News) | Published: 11/24/2022 In May, the U.S. Supreme Court struck down limits in place for two decades […]
National/Federal
Candidates Recoup $5M in Old Campaign Loans So Far Thanks to Ted Cruz’s $555K Court Win
MSN – Todd Gillman (Dallas Morning News) | Published: 11/24/2022
In May, the U.S. Supreme Court struck down limits in place for two decades that barred federal candidates from raising money indefinitely to pay off personal loans. At least 18 current lawmakers and former candidates have availed themselves of the flexibility that Sen. Ted Cruz engineered to recover loans from previous campaigns. Together, they have recouped $5 million. Paul Smith of the Campaign Legal Center, which also defended the restrictions Cruz got overturned, drew a distinction between a senator taking donations that end up in his personal account and an ex-candidate tapping unspent campaign funds to repay an old loan.
Cyberthieves Stole $186,000 from a Republican Member of Congress as Fraud Epidemic Plagues Political Committees
Yahoo News – Dave Levinthal (Business Insider) | Published: 11/29/2022
A cyber thief known only as “Vix” stole more than $186,000 from U.S. Rep. Diana Harshbarger’s campaign account in an “unauthorized fraudulent wire transfer” in July. The Harshbarger campaign told the FEC the bank in which the stolen money was deposited “froze the funds and returned all the money in question,” meaning Harshbarger did not lose the money for long, in contrast to other prominent political committees that have together lost millions of dollars in recent years. Cybertheft methods such as phishing are preferred methods among perpetrators. But more old-school techniques, such as stealing or falsifying paper checks, are also common.
Democrats Prepare to Upend Presidential Primary Calendar
MSN – Elena Schneider (Politico) | Published: 11/29/2022
The list of states with the biggest say in Democratic presidential contests could get a big shake-up. A flurry of public and private lobbying to reformat the longtime early-state lineup of Iowa, New Hampshire, Nevada, and South Carolina kicked off again after the midterms. States like Michigan and Minnesota are trying to push in, while Nevada is making a play for first-in-the-nation status over New Hampshire. The Democratic National Committee has left open the possibility of adding a fifth calendar to the slate.
Ethics Watchdog Group Seeks Probes into Oversight of Officials’ Stock-Trading Conflicts
Fox Business – Brody Mullins and Rebecca Ballhaus (Wall Street Journal) | Published: 11/22/2022
The Campaign Legal Center filed a series of legal complaints alleging the federal government is failing to adequately enforce conflict-of-interest rules. It called on the executive-branch agency that oversees ethics rules to investigate what it called deficiencies in enforcement at several agencies. The group also requested that internal investigators at four agencies examine whether their ethics programs complied with federal rules. The legal filings were prompted by a series of articles revealing that thousands of federal employees held stock in companies that were regulated by the agencies where those employees worked.
House Democrats Prepare for Unfamiliar Territory: New leaders, in a minority
MSN – Mariana Sotomayor and Camila DeChalus (Washington Post) | Published: 11/30/2022
House Democrats elected a new generation of leaders who will be responsible for keeping the caucus united as they set their sights on winning back the majority next term. The decision by Speaker Nancy Pelosi and Majority Leader Steny Hoyer to step aside after leading Democrats for two decades has paved the way for the caucus to unite around a younger, more diverse trio of leaders. Democrats elected Rep. Hakeem Jeffries to serve as minority leader, Rep. Katherine Clark as minority whip, and Rep. Pete Aguilar as chairperson. Jeffries will make history as the first Black member to lead either party in either chamber of Congress.
Inside Sam Bankman-Fried’s Courtship of a Washington Regulator
MSN – Tory Newmyer and Peter Whoriskey (Washington Post) | Published: 11/28/2022
Crypto magnate Sam Bankman-Fried’s FTX has collapsed amid allegations of fraud. As the financial world examines why major firms threw hundreds of millions of dollars at the 30-year-old Bankman-Fried, some are looking anew at his courtship of Washington, D.C. and why he sought to build ties with Rostin Behnam and the agency he leads, the Commodity Futures Trading Commission. Bankman-Fried had given enough in political currency to expect to get an audience. He gave $40 million to politicians and PACs before the midterms, mostly to Democrats and liberal-leaning groups. Another senior FTX official, Ryan Salame, gave large sums to Republicans.
Oath Keepers’ Rhodes Guilty of Jan. 6 Seditious Conspiracy
MSN – Lindsay Whitehurst, Alana Durkin Richer, and Michael Kunzelman (Associated Press) | Published: 11/29/2022
Oath Keepers founder Stewart Rhodes was convicted of seditious conspiracy for a violent plot to overturn President Biden’s election, handing the Justice Department a major victory in its prosecution of the Capitol insurrection. Rhodes was acquitted of two other conspiracy charges. A co-defendant, Kelly Meggs, who led the group’s Florida chapter, was also convicted of seditious conspiracy, while three other associates were cleared of that charge. Jurors found all five defendants guilty of obstruction of an official proceeding: Congress’ certification of Biden’s electoral victory.
‘Opening the Gates of Hell’: Musk says he will revive banned accounts
MSN – Taylor Lorenz (Washington Post) | Published: 11/24/2022
Elon Musk said he is granting “amnesty” for suspended accounts. The announcement came after he posted a poll whether there should be reinstatements for accounts that have not “broken the law or engaged in egregious spam.” The mass return of users who had been banned for such offenses as violent threats, harassment, and misinformation will have a significant impact on the platform, experts said. Many questioned how such a resurrection would be handled, given it is unclear what Musk means by “egregious spam” and the difficulty of separating out users who have “broken the law,” which vary widely by jurisdiction and country.
Supreme Court Clears Way for Trump Tax Returns to Go to Congress
MSN – Robert Barnes (Washington Post) | Published: 11/23/2022
The U.S. Supreme Court cleared the way for a congressional committee to examine Donald Trump’s tax returns, denying without comment the former president’s last-ditch effort to extend a legal battle that has consumed Congress and the courts for years. Lawmakers have said they need Trump’s tax returns from his time in office, plus the year before his term and the year after for comparison, to help evaluate the effectiveness of annual presidential audits. Trump has argued Democratic lawmakers are on a fishing expedition designed to embarrass him politically.
Supreme Court Responds to Lawmakers on Ethics Complaints
MSN – Josh Gerstein (Politico) | Published: 11/28/2022
The U.S. Supreme Court issued an unusually forceful and detailed rebuttal to ethics concerns raised by two Democratic lawmakers about a drive by religious conservatives to entertain some justices. Sen. Sheldon Whitehouse and Rep. Hank Johnson threatened a probe if the court did not launch its own inquiry into the claims. The court’s legal counsel, Ethan Torrey, repeated and expanded on earlier denials of impropriety issued by Justice Samuel Alito, following reports in the media about a concerted campaign by religious-right activists to encourage more conservative decisions by the justices by building connections with them in social settings.
Trump’s Dinner with Antisemites Provides Test of GOP Response to Extremism
MSN – Isaac Arnsdorf, Josh Dawsey, and Marianna Sotomayor (Washington Post) | Published: 11/30/2022
Former President Trump’s refusal to apologize for or disavow the outspoken antisemites he dined with recently is setting him increasingly at odds with leaders of his own party, providing the first test of his political endurance since launching his third run for the White House. The fracas is also testing how Republicans will handle the party’s extreme fringe in the months ahead after years of racist, misogynist, and antisemitic speech flooding into the political bloodstream during the Trump era.
Canada
Canada – Questions Raised About Whether Former N.S. Premier Was Lobbying for New Golf Course
CBC – Tom Ayers | Published: 11/21/2022
Former Nova Scotia Premier Rodney MacDonald said he is not lobbying the provincial government on behalf of a private golf course developer. He is not listed on the provincial registry of lobbyists, but he has contacted all three party leaders in the Legislature about a proposed 18-hole course on protected lands. MacDonald said he has simply met with local groups on behalf of a developer and given provincial politicians a heads-up that a proposal may be coming.
Canada – Updated Lobbyists’ Code Awaits Approval from House Committee. Critics Say Changes ‘Gut Ethical Lobbying Rules’
National Observer – Natasha Bulowski | Published: 11/29/2022
Proposed changes to Canada’s Lobbyists’ Code of Conduct are ready to be examined and approved by the parliamentary ethics committee before coming into force after two years and three rounds of consultations. The draft update introduced new standards for lobbyists regarding shared relationships, political activities, and gifts. Perhaps one of the most controversial changes has to do with the time between a lobbyist campaigning to elect a politician and petitioning them in their elected role.
From the States and Municipalities
Alabama – AG Steve Marshall Says Alabama Ethics Commission Policy Undermines Enforcement
MSN – Mike Cason (AL.com) | Published: 11/29/2022
State Attorney General Steve Marshall said his office cannot rely on findings by the Alabama Ethics Commission because of a commission policy that it does not disclose exculpatory information to people under investigation. Marshall’s lawsuit says the commission’s rule to not disclose exculpatory information, evidence that is favorable to the accused, violates due process for those under investigation and impairs the ability of his office to enforce ethics laws. Marshall asked the court to declare the rule null and void.
Arizona – Three Weeks After Election, Arizona Remains in Turmoil Over Results
MSN – Yvonne Wingett Sanchez and Isaac Stanley-Becker (Washington Post) | Published: 11/28/2022
In Arizona, where problems with ballot printer ink at about a third of Phoenix-area polling places have fueled unproven Republican claims of a stolen election, events surrounding certification of the results showcased the depths of distrust in election administration in the state, as well as the willingness of GOP candidates and elected officials to sanction, even stoke, that distrust. State Attorney General Mark Brnovich has not indicated publicly how he will handle the looming deadline for the state to certify the results.
California – After Spending $39 Million, California’s Campaign Finance Website Still Trapped in 2000
Center Square – Madison Hirneisen | Published: 11/30/2022
Despite nearly $40 million spent to update California’s antiquated campaign finance website, state lawmakers are still awaiting the roll out of a new platform that was initially scheduled to go live in 2019. Now that may be pushed back to June 2026. That was the subject of a hearing to understand the delay in rolling out an updated version of the California Automated Lobbying and Campaign Contribution Electronic Search System, better known as Cal-Access.
California – Former California Police Chief Charged in CalPERS Double-Dipping Fraud Case
MSN – Randy Diamond (Sacramento Bee) | Published: 11/23/2022
Criminal charges of grand theft have been brought against Greg Love, one of several Broadmoor Police Department chiefs and commanders that the California Public Employees’ Retirement System (CalPERS) said defrauded the pension system by collecting more than $2 million in excessive retirement payments. Another former chief, David Parenti, will not be subject to any criminal prosecution. CalPERS misplaced the records for more than four years that detailed a complaint saying Parenti was collecting retirement benefits while drawing a salary as police chief and other positions, said San Mateo County Prosecutor Steve Wagstaffe.
California – These Teens Won the Right to Vote. Their County Disenfranchised Them.
MSN – Moriah Balingit (Washington Post) | Published: 11/30/2022
Many high school students in Oakland worked to lower the voting age to 16 for school board races, arguing no one had a higher stake in who led their district. They won, convincing a supermajority of the electorate in 2020 to expand voting rights to younger teens. But Alameda County, which runs the city’s elections, never implemented the measure. It also failed to deliver on a 2016 ballot initiative from Berkeley that did the same thing. So, November 8 passed like election days past: with 16- and 17-year-olds watching from the sidelines.
Florida – Suspended Florida Prosecutor Takes Fight to DeSantis in Opening Day of Federal Trial
Yahoo News – Gary Fineout (Politico) | Published: 11/29/2022
Suspended Hillsborough County State Attorney Andrew Warren took his battle against Florida Gov. Ron DeSantis to a federal court in a trial that is exposing the machinations in how the governor’s office operates. DeSantis suspended Warren in August over moves the Democratic elected official made, including signing a pledge that he would not enforce the state’s new abortion laws. Warren contends that DeSantis’s move to suspend him violated his First Amendment rights.
Georgia – Court Says Trump Aide Meadows Must Testify in Election Probe
MSN – Kate Brumback (Associated Press) | Published: 11/29/2022
The South Carolina Supreme Court said former White House chief of staff Mark Meadows must testify before a special grand jury investigating whether then-President Donald Trump and his allies illegally tried to influence the 2020 election in Georgia. The court’s opinion says the justices reviewed Meadows’ arguments and found them to be “manifestly without merit.”
Georgia – Hall County Solicitor Accused of Ignoring Campaign Finance Laws
WAGA – Randy Travis | Published: 11/22/2022
The Georgia Government Transparency and Campaign Finance Commission filed a complaint accusing Hall County Solicitor General Stephanie Woodard of failing to provide key campaign and financial disclosures for every year since 2018. Records show Woodard has spent little or no money on campaigns in recent years because she has had no opposition. But the law still requires regular reporting.
Georgia – Herschel Walker Only Recently Stopped Renting Out Georgia Home He Claims as His Residence
Yahoo News – Roger Sollenberger (Daily Beast) | Published: 11/28/2022
When he launched his campaign for the U.S. Senate in Georgia, it was widely known at the time that Herschel Walker had been living in Texas for decades, though he has claimed to maintain a residence in Atlanta for “17 years.” Less widely known was that Walker’s wife collected rental income for that residence. Federal law does not require Senate candidates to reside in the state they plan to represent until they are elected. But under Georgia law, aspiring candidates must meet certain residency requirements before they can run for office.
Illinois – Lightfoot Hit with Ethics Complaint After Taking $25K Donation from Chicago Fire Owner Involved in Training Facility Land Swap
WTTW – Heather Cherone | Published: 11/30/2022
Mayor Lori Lightfoot should be investigated for accepting a $25,000 contribution to her re-election campaign from Chicago Fire owner Joe Mansueto, according to a complaint. That donation came 57 days after the city council approved a proposal Lightfoot backed to turn over some 26 acres of Housing Authority land to the Chicago Fire Football Club. Mansueto’s donation marks the first time he has financially supported Lightfoot’s campaign.
Kentucky – What You Need to Know About Louisville Metro’s New Lobbying Rules
WFPL – Roberto Roldan | Published: 11/28/2022
Louisville Metro will require people and interest groups that try to influence city officials to register as lobbyists and file financial disclosure reports. Councilperson Bill Hollander said he proposed the legislation after looking at transparency measures taken by local governments of similar size to Louisville. The ordinance was also modeled after Kentucky’s Code of Ethics, which was approved by the General Assembly in 1993.
Maine – State Panel Fines Group That Backed Democratic Candidates
Kennebec Journal – Randy Billings (Portland Press Herald) | Published: 11/30/2022
Maine’s ethics commission voted to impose fines totaling nearly $11,000 against a group that supported Democratic state legislative candidates for violating disclosure laws and filing a late report. The commission determined American Leadership Committee-Maine violated campaign finance laws by sending mailers and running digital advertisements without disclosing the group’s top three donors. Commissioners also reviewed a slate of proposed campaign finance changes that will be submitted to the incoming Legislature.
Maryland – Marilyn and Nick Mosby Each Report $0.00 in Their Campaign Bank Accounts
Baltimore Brew – Mark Reutter | Published: 11/29/2022
Indicted State’s Attorney Marilyn Mosby and her husband, Baltimore City Council President Nick Mosby, each filed reports to the State Board of Elections saying their campaign bank accounts were empty, even though, elsewhere in the same reports, cash surpluses are listed by a computer-generated program. Previously, Baltimore Brew has pointed to many errors and inconsistencies in Marilyn Mosby’s reports, including citing her long-dead grandfather as a campaign donor and listing wrong addresses for staff at the state attorney’s office who contributed.
Massachusetts – Everett Contractor Fined for Excessive Donations to Mayor Carlo DeMaria
MSN – Stephanie Ebbert (Boston Globe) | Published: 11/25/2022
Gregory Antonelli, a contractor and developer in Everett, was fined $6,000 for illegally funneling excessive campaign contributions to Mayor Carlo DeMaria through family members. Antonelli acknowledged asking two relatives to each make $1,000 contributions to the mayor after he had donated the same sum, the maximum amount allowable under campaign finance law. “You subsequently provided cash from your personal account to each family member to reimburse them for the contributions made in their names to the Committee,?” Office of Campaign Finance Director William Campbell wrote to Antonelli.
Michigan – Michigan AG Dana Nessel Wants Lee Chatfield Investigation Records Kept Secret from Public
Yahoo News – Kelly House (Bridge Michigan) and Dave Boucher (Detroit Free Press) | Published: 11/30/2022
The state attorney general wants to restrict public access to search warrant records in its probe of former Michigan House Speaker Lee Chatfield, arguing the documents should remain shielded even though the Detroit Free Press and Bridge Michigan won a judge’s order unsealing them. The decision opens the door to the attorney general sitting on the public documents indefinitely, or at least until any formal results from the investigation are released. That, despite a state law requiring courts to release search warrants and affidavits 56 days after a warrant is issued, unless investigators convince a judge or magistrate to extend the suppression.
Missouri – Eric Schmitt’s Office Did Not Keep Travel Records after 2020, Raising Transparency Concerns
AOL – Kacen Bayless and Daniel Desrochers (Kansas City Star) | Published: 11/28/2022
In April, Missouri Attorney General Eric Schmitt walked from inside the U.S. Supreme Court to a circle of cameras and reporters stationed on the sidewalk. Schmitt took questions about his and Texas Attorney General Ken Paxton’s challenge to a Biden administration immigration policy. But as he represented the taxpayers of Missouri in front of the Supreme Court, his office did not keep his travel records. The oral arguments, covered by news organizations across the country, did not appear on his calendar. His calendar notes a “Press Conference” and two television interviews that day. There are no records showing the cost of the trip or reimbursement checks.
New Jersey – NJ Transit Report Card: A chief ethics officer with two jobs and two masters
MSN – Colleen Wilson (Bergen Record) | Published: 11/24/2022
The position of chief ethics officer was created as part of the NJ Transit reform legislation to investigate fraud, waste, and abuse. The board unanimously approved Christopher Iu for the position in 2021. Iu, however, is also the agency’s chief compliance officer, and in that role answers to Kevin Corbett, the chief executive officer of NJ Transit. This arrangement is not what former state Sen. Loretta Weinberg had in mind when she was writing the legislation.
New Mexico – Nuclear Watchdog Accuses Ex-Environment Official of Conflicting Interests After She Accepts LANL Job
Santa Fe New Mexican – Scott Wyland | Published: 11/28/2022
A nuclear watchdog group wants a state commission in New Mexico to nullify its decision on a permit for Los Alamos National Laboratory’s radioactive liquid waste treatment facility, arguing the panel’s former chair backed a ruling favorable to the lab while she sought a job with the federal agency that oversees it. Critics say former state Water Quality Control Commission Chairperson Stephanie Stringer, who also was a deputy secretary of the state Environment Department, is the latest in a series of New Mexico regulators going to work for entities they oversee after taking actions that appear to help their new employers.
New York – De Blasio Was Admonished by Ethics Board for Using City Staff and Phone for Politicking. His Underlings Weren’t So Lucky.
The City – Yoav Gonen | Published: 11/29/2022
Former New York City Mayor Bill de Blasio violated conflict-of-interest rules more extensively than previously known, but the city’s ethics board kept the breaches under wraps by admonishing him privately. De Blasio received the two 2016 warning letters even as some lower-level municipal workers whom the board found to have similarly misused city resources or personnel got punishments that ranged from a public admonishment to fines of thousands of dollars.
New York – New Ethics Rules Derailed State’s Annual Turkey Donation Program
Albany Times Union – Brendan Lyons | Published: 11/23/2022
The New York Democratic Party hurriedly bought and helped distribute roughly 4,000 turkeys after the state’s new ethics rules derailed what had been a November rite of passage for governors to oversee the distribution of the donated birds. Attorneys for Gov. Kathy Hochul’s administration determined the law adopted this year prohibited the state from accepting the donations.
New York – Supreme Court Suggests Higher Bar May Be Needed for Corruption Cases
MSN – Robert Barnes (Washington Post) | Published: 11/28/2022
The U.S. Supreme Court appeared poised to make it tougher to prosecute political corruption cases as they signaled sympathy toward an ex-aide to former New York Gov. Andrew Cuomo and a businessperson convicted on bribery and fraud charges. The court has questioned federal prosecutors pursuing public officials for behavior that some justices have considered the normal activity of politics. The justices heard arguments by Cuomo’s former executive deputy secretary Joseph Percoco and onetime construction company executive Louis Ciminelli, who were charged in a corruption crackdown by federal prosecutors centered on Albany.
Ohio – Ethics Questions Swirl Around Lake County Commissioner
WKYC – Phil Trexler and Marisa Saenz | Published: 11/22/2022
Lake County Commissioner John Plecnik worked two full-time jobs and took on a third by using his government office and taxpayer resources. Plecnik, who earns $114,000 as a full-time Cleveland State University law school professor and about $95,000 annually as commissioner, was paid to teach an out-of-state law class via Zoom last summer and used his office to conduct the class. He donated the $9,000 teaching stipend to the Lake County NAACP chapter. Plecnik was not an NAACP member, nor has he ever made a significant contribution until it became known the media was investigating him.
Ohio – Jacob Wohl, Jack Burkman Must Spend 500 Hours Registering Voters as Penance for Phony Robocalls Targeting Black Voters in Cleveland
MSN – Cory Shaffer (Cleveland Plain Dealer) | Published: 11/29/2022
A judge ordered Jacob Wohl and Jack Burkman, two right-wing conspiracy theorists behind robocalls that sought to intimidate Black voters in Cleveland out of casting mail-in ballots in the 2020 presidential election, to spend 500 hours registering voters in low-income neighborhoods in the Washington, D.C. area. Cuyahoga County Common Pleas Court Judge John Sutula placed them on two years of probation, fined each $2,500, and ordered them to home confinement for the first six months of their probation.
Ohio – Ohio Bribery Case: Explosive Justice Department documents show Larry Householder’s involvement in pay-to-play for sports betting
WKYC – Dave DeNatale, Phil Trexler, and Neil Fischer | Published: 11/30/2022
New court filings suggest former Speaker of the House Larry Householder was heavily involved in a “pay-to-play” scandal to bring sports betting to Ohio. The Justice Department says Neil Clark instructed undercover agents to pay $50,000 to $100,000 to expedite legislation, which would eventually end up going to Householder and his associates through his “dark money” account, Generation Now.
Oregon – Oregon State Senator’s Fiery Words Test Free Speech Limits
OPB – Andrew Selsky (Associated Press) | Published: 11/29/2022
A state senator who made veiled threats against the Oregon State Police and the Senate president said he is pursuing a freedom of speech lawsuit against fellow lawmakers who sanctioned him. Sen. Brian Boquist said he also is seeking an order from the Oregon Supreme Court that would prevent the state police or the state attorney general from enforcing legislative branch rules.
Oregon – Portland Auditor Withdraws $5,520 Fine Against Rene Gonzalez’s City Council Campaign
MSN – Catalina Gaitán (Portland Oregonian) | Published: 11/23/2022
The Portland City Auditor reversed its October determination that Rene Gonzalez’s city council campaign violated campaign finance limits by accepting a subsidized $250 monthly rent for over 3,000 square feet of office space and two designated parking spots in downtown Portland owned by campaign supporter and real estate mogul Jordan Schnitzer. The announcement arrives after Judge Joe Allen revoked a $77,000 fine the city issued against the campaign. Allen said the deeply discounted office space did not surpass the fair market value of the property and therefore did not qualify as an unreported campaign contribution.
Tennessee – Former State Sen. Brian Kelsey Pleads Guilty to Two Federal Charges in Campaign Conspiracy
Yahoo News – Melissa Brown (Tennessean) | Published: 11/22/2022
Former Tennessee Sen. Brian Kelsey pleaded guilty to violating federal campaign finance laws in a scheme to bolster his failed 2016 congressional campaign. The case was moving toward a January trial when Kelsey’s co-defendant, Joshua Smith, pleaded guilty in October. Kelsey and Smith conspired to “orchestrate the concealed movement of $91,000,” the Department of Justice said, the majority of which came from Kelsey’s state Senate campaign account. The funds were shuffled to a national political group to buy advertising for Kelsey’s campaign. The organization made another $80,000 worth of contributions to Kelsey’s congressional campaign.
November 23, 2022 •
News You Can Use Digest – November 23, 2022
National/Federal Cigars, Booze, Money: How a lobbying blitz made sports betting ubiquitous Yahoo News – Eric Lipton and Kenneth Vogel (New York Times) | Published: 11/20/2022 In 2018, the U.S. Supreme Court ruled the federal prohibition on sports betting was unconstitutional. […]
National/Federal
Cigars, Booze, Money: How a lobbying blitz made sports betting ubiquitous
Yahoo News – Eric Lipton and Kenneth Vogel (New York Times) | Published: 11/20/2022
In 2018, the U.S. Supreme Court ruled the federal prohibition on sports betting was unconstitutional. Gambling companies and their allies then deployed a full court lobbying campaign to press for sports betting in state capitals, showering lawmakers with money, gifts, and visits from sports luminaries and at times using deceptive arguments to extract tax breaks and other concessions, according to a New York Times investigation. In state after state, while lobbyists cultivated friendly relationships with lawmakers and regulators, the interests of taxpayers and people at risk of gambling problems were often on the back burner.
GOP Operative Found Guilty of Funneling Russian Money to Donald Trump
MSN – Rachel Weiner (Washington Post) | Published: 11/17/2022
A federal jury convicted a Republican political operative, Jesse Benton, for funneling illegal campaign contributions from a Russian national into Donald Trump’s 2016 campaign. Benton worked with another GOP operative to arrange for Roman Vasilenko to attend a fundraiser and take a picture with Trump. Since the event required a contribution, Vasilenko sent $100,000 to Benton’s political consulting firm, $25,000 of which Benton donated in his own name to the Trump campaign and the other $75,000 of which he pocketed.
How Carolyn Maloney’s Ticket to the Met Gala Led to an Ethics Inquiry
Yahoo News – Nicholas Fandos (New York Times) | Published: 11/21/2022
When U.S. Rep. Carolyn Maloney learned in 2016 that she had been dropped from the guest list for that year’s Met Gala, she evidently could not abide it. Maloney called a powerful friend and appeared to have done her own version of trying to talk her way on the list. In an investigative referral, a congressional ethics watchdog contended her cajoling – including reminding the Met “how much she does for the Met” – may have violated House ethics rules or federal laws that bar lawmakers from soliciting gifts, including invitations.
In New Special Counsel, a Prosecutor Schooled in Corruption Cases
DNyuz – Charlie Savage and Alan Feuer (New York Times) | Published: 11/19/2022
Attorney General Merrick Garland appointed Jack Smith as special counsel to oversee a pair of criminal investigations involving former President Trump, thrusting him into a political firestorm that will doubtlessly accompany the job. The special counsel’s purview will include the probe of Trump’s alleged retention of highly sensitive national security secrets at his Florida estate, and aspects of the effort by Trump and his allies’ effort to subvert the 2020 election and disrupt the transition of power to President Biden. Smith has been prosecuting criminal cases, including politically charged corruption investigations involving public officials, for nearly 30 years.
Pelosi to Step Down as House Democratic Leader
Yahoo News – Sarah Wire (Los Angeles Times) | Published: 11/17/2022
House Speaker Nancy Pelosi said she will not seek to lead House Democrats for another term but remain in Congress. The decision, capping a 35-year career in which Pelosi became the most powerful female member of Congress in U.S. history, followed her party’s narrow loss of the chamber in the midterm election. Pelosi is also abiding by a 2018 agreement with fellow Democrats that she would step down from leadership by the end of 2022 to make way for a new generation. Pelosi also said the attack on her husband, Paul, would be a factor in her decision.
Senior Democratic Lawmakers Demand Answers on Alleged Supreme Court Leak
MSN – Josh Gerstein (Politico) | Published: 11/20/2022
Sen. Sheldon Whitehouse and Rep. Hank Johnson are demanding that Supreme Court Chief Justice John Roberts detail what, if anything, the court has done to respond to recent allegations of a leak of the outcome of a major case the justices considered several years ago. Whitehouse and Johnson are also interested in examining claims about a concerted effort by religious conservatives to woo the justices through meals and social engagements. They made clear if the court will not investigate the alleged ethical breaches, lawmakers are likely to launch their own probe.
Trump Family’s Newest Partners: Middle Eastern governments
Yahoo News – Eric Lipton and Maggie Haberman (New York Times) | Published: 11/21/2022
The Trump Organization signed a deal with a Saudi Arabian real estate company that creates new conflict-of-interest questions for Donald Trump’s just-launched presidential campaign. The deal is for a Trump-branded hotel, villas, and a golf course as part of a $4 billion real estate project in Oman. The agreement continues a practice that had been popular for the Trump family business until Trump was elected president – selling branding rights to an overseas project in exchange for a generous licensing fee.
From the States and Municipalities
Alaska – APOC OKs Subpoenas for Republican Governors Association Execs in Dunleavy Coordination Case
Midnight Sun – Matt Acuña Buxton | Published: 11/18/2022
The Alaska Public Offices Commission issued subpoenas to two officials with the Republican Governors Association (RGA), Executive Director Dave Rexrode and Chief Financial Officer Erim Canligil. A complaint argues the independent expenditure group illegally coordinated with Gov. Mike Dunleavy’s campaign, violating laws intended to keep candidates separated from unlimited corporate spending.
Arkansas – Ethics Commission Reaches Settlements in Cases Involving Advocacy Group and Arkansas Legislators
Arkansas Democrat-Gazette – Michael Wickline | Published: 11/18/2022
The Common Ground Arkansas group founded by state Sen. Jim Hendren, along with Sen.-elect Bryan King and state Rep. Mary Bentley, have each been sanctioned with fines and public letters of caution by the Arkansas Ethics Commission. The fines range from $50 to $150. In a complaint, Sen. Trent Garner alleged Hendren, as founder and board member of Common Ground, violated state election law by engaging in expressed advocacy for the purpose of influencing the nomination for election or election of candidates.
California – Anaheim Residents Pressure City Council to Publicly Release Corruption Probe
Voice of OC – Hosam Elattar | Published: 11/16/2022
Anaheim residents will get to see if their elected leaders are corrupt after they pressured the city council to commit to releasing the findings of an internal probe. The results could implicate city staff and officials themselves. It comes after revelations of an FBI probe into City Hall and former Mayor Harry Sidhu. Federal agents allege Sidhu tried ramming through the Angel Stadium land sale for $1 million in campaign support from team officials.
California – California Raises Campaign Contribution and Gift Limits for 2023-2024
Lexology – Kimberly Railey (Covington & Burling LLP) | Published: 11/18/2022
The California Fair Political Practices Commission voted to increase limits on campaign contribution and gifts to public officials. The new caps take effect on January 1, 2023.
Connecticut – After Record Spending in CT Governor Race, Questions Arise Over Future Spending by Wealthy Candidates
CT Insider – Ken Dixon | Published: 11/21/2022
Connecticut Gov. Ned Lamont and challenger Bob Stefanowski avoided the state’s public campaign financing program in this year’s gubernatorial election, dipping into their own wealth to spend more than $30 million and raising the question of whether top of the ticket candidates will continue doing this in the future and just how wealthy someone must be to run for the state’s highest office. If the current maximum $9 million grant is not increased for governor candidates, it could subvert the purpose of the law aimed at removing lobbyist and special-interest money from statewide and General Assembly races while opening the pool of potential candidates.
Connecticut – Manager at CT State Pier Recommended Itself for $87M in Contracts
Connecticut Mirror – Andrew Brown | Published: 11/21/2022
The company hired to oversee the redevelopment of the State Pier in New London, Kiewit Corporation, recommended itself for tens of millions of dollars in subcontracts under the project, even in some cases where another construction firm submitted a lower-priced bid to the state. That arrangement is now drawing criticism from a few Connecticut lawmakers who are concerned about the potential for a conflict-of-interest. Sen. Paul Formica, who represents the district where the new pier is being built, argued it was a poor business practice to allow Kiewit to both manage the public bidding process and submit offers for work at the site.
Florida – Judge Blocks DeSantis Law on Barring ‘Woke’ Education
Yahoo News – Anthony Izaguire (Associated Press) | Published: 11/17/2022
U.S. District Court Judge Mark Walker blocked a law pushed by Florida Gov. Ron DeSantis that restricts certain race-based conversations and analysis in colleges. Walker issued a temporary injunction against the so-called Stop Woke act in a ruling that called the legislation “positively dystopian.” The law prohibits teaching that contend members of one ethnic group are inherently racist and should feel guilt for past actions committed by others. It also bars the notion that a person’s status as privileged or oppressed is necessarily determined by their race or gender, or that discrimination is acceptable to achieve diversity.
Georgia – Judge Says Georgia Law Allows Saturday Voting for Runoff
MSN – Kate Brumback and Jeff Amy (Associated Press) | Published: 11/18/2022
A judge said Georgia law allows counties to offer early voting on the Saturday after Thanksgiving, which is the only possibility for Saturday voting before the runoff election between U.S. Sen Raphael Warnock and Republican Herschel Walker. Warnock’s campaign filed a lawsuit arguing that early voting should be allowed that day. They were challenging guidance by Georgia Secretary of State Brad Raffensperger that said it would be illegal to hold early voting on Saturday, November 26, the day after a state holiday.
Idaho – September Special Session Leads to $24,000 in Fines Against 91 Idaho Lobbyists for Late Filings
Idaho Capital Sun – Kelcie Moseley-Morris | Published: 11/21/2022
Ninety-one lobbyists were fined for filing late reports following Idaho’s one-day special session on September 1. There are 393 registered lobbyists in Idaho, meaning about 23 percent of the registered lobbyists were fined. According to emails sent to the affected lobbyists, the report was due October 15, and a fine of $50 is assessed each day the report is late. Those fines are also applicable for campaign finance reports that candidates must file monthly according to election cycles. While 13 of the fines were $150 or less, the rest were $300 after the secretary of state’s office decided to reduce what were initially $700 to $900 fines.
Illinois – Madigan: Indicted but still pitching for (and getting) money
Chicago Sun-Times – Tim Novak and Dave McKinney | Published: 11/18/2022
Since being indicted last March as part of a wide-ranging corruption investigation, former Illinois House Speaker Michael Madigan has been personally soliciting campaign contributions for his Democratic ward organization and has gotten more than $400,000 for the political fund. These contributions have helped replenish $302,000 in legal fees Madigan’s groups has spent since being subpoenaed by a federal grand jury as part of the ongoing criminal case. It is unusual to see such a large haul associated with someone in the crosshairs of federal prosecutors, someone who no longer can dole out political favors and jobs, as Madigan did for decades.
Illinois – With New Campaign Fund, Mayor Lori Lightfoot’s Allies Are Raising Cash Outside City Ethics Rules Limits
MSN – Gregory Pratt (Chicago Tribune) | Published: 11/21/2022
The establishment of a new independent expenditure committee in October underscores the political battle that Chicago Mayor Lori Lightfoot’s supporters are anticipating in the coming months and the loopholes that exist in campaign finance laws and city ethics rules designed to limit the influence political backers have on elected officials’ government actions. The 77 Committee, which is being run by a longtime top adviser to Lightfoot, is allowed to accept unlimited funds for her reelection, including from city contractors who are restricted under ethics rules from contributing to the mayor’s campaign or a Lightfoot-aligned PAC.
Indiana – Doctor Says She Shouldn’t Have to Turn Over Patients’ Abortion Records
MSN – Kim Bellware (Washington Post) | Published: 11/19/2022
A physician who provided an abortion to a 10-year-old rape victim has asked a judge to stop the Indiana attorney general from accessing patient medical records as part of an investigation into consumer complaints her lawyers have called a “sham.” Caitlin Bernard’s lawyers said Attorney General Todd Rokita’s efforts to obtain the patient’s medical charts are a troubling violation of patient privacy that, if allowed, would shake trust in doctor-patient confidentiality. The state countered that Rokita’s office is allowed to access the records as it investigates complaints accusing Bernard of professional lapses.
Louisiana – Federal Grand Jury Probing Purchases by LaToya Cantrell’s Image Consultant
NOLA.com – David Hammer (WWL), John Simerman, and Gabriella Killett | Published: 11/17/2022
At least two New Orleans area stores have received subpoenas from a federal grand jury and been questioned by FBI agents about clothing purchases made by Mayor LaToya Cantrell’s image consultant, Tanya Haynes. Gray Sexton, the former lawyer for the Louisiana Board of Ethics Board, said such expenditures are proper under state law only if they are truly spent on consulting, not clothing. He noted a few limited exceptions to that rule, such as people who hold elected positions that might require them to wear a uniform, such as an elected police chief, might be able to tap their campaign funds.
New Jersey – Former Top Aide to NJ Senate Leader Pleads Guilty to Tax Evasion and Wire Fraud Conspiracy
Yahoo News – Steve Janoski and Ashley Balcerzak (Bergen Record) | Published: 11/21/2022
The former chief of staff to the New Jersey Senate president pleaded guilty to tax evasion and wire fraud charges. Tony Teixeira admitted he conspired with Sean Caddle, a former Hudson County political operative, to overcharge various campaigns, PACs, and nonprofits for work done by Caddle’s consulting firm. Caddle paid a portion in cash and the rest through checks made out to Teixeira’s relatives to conceal the kickbacks. Teixeira never reported the earnings to the IRS. Caddle remains on home confinement after pleading guilty to a plot in which he hired two hitmen to kill a former friend and associate.
New York – ‘Investment in Democracy’: NY begins matching campaign donations for state candidates
Auburn Citizen – Robert Harding | Published: 11/19/2022
A new program will allow candidates for state-level offices in New York to receive public funds to match small-dollar donations. The Public Campaign Finance Board launched the matching program recently for the 2024 election cycle. Candidates for state Legislature will be the first group eligible to apply and receive matching funds. The program will be in place for statewide candidates running in the 2026 election.
New York – Manhattan Prosecutors Again Consider a Path Toward Charging Trump
MSN – Jonah Bromwich, Ben Protess, and William Rashbaum (New York Times) | Published: 11/21/2022
The Manhattan district attorney’s office has moved to jump-start its criminal investigation into Donald Trump, seeking to breathe new life into an inquiry that once seemed to have reached a dead end. Under the new district attorney, Alvin Bragg, the prosecutors have returned to the long-running investigation’s original focus: a hush-money payment to Stormy Daniels, who said she had an affair with Trump. The renewed scrutiny of the hush money comes amid an intensifying swirl of legal and political drama around Trump.
Texas – Austin Candidates Say Bad Advice from City Made Them Miss Out on Election Funds
MSN – Sarah Asch (Austin American-Statesman) | Published: 11/21/2022
Despite following guidance from the city clerk’s office, two Austin City Council candidates will miss out on thousands of dollars they had sought from a fund set up to help candidates pay for election activities. José Velásquez and Ryan Alter filed a lawsuit asking for a restraining order to prevent the city from distributing the funds, which they say they are entitled to receive. The money is held in the Fair Campaign Finance Fund, which was set up in 2008 for candidates who sign a pledge to limit the amount of campaign contributions they accept from special interest groups or from outside the city. A judge denied the restraining order.
Washington – Public Disclosure Commissions Fines Sheriff Ozzie Knezovich for Electioneering, Lobbying; Sheriff Vows Appeal
Spokane Spokesman-Review – Kip Hill | Published: 11/18/2022
Spokane County Sheriff Ozzie Knezovich violated a pair of state laws prohibiting the use of public office for electioneering and use of public funds for indirect lobbying when he produced a YouTube video attacking Democratic lawmakers for their stance on crime, the Washington Public Disclosure Commission ruled. Knezovich was fined $300.
November 18, 2022 •
News You Can Use Digest – November 18, 2022
National/Federal Conservative Group Pressing States to Adopt Laws Protecting Companies from ‘Political Boycotts’: Report Yahoo News – Jared Gans (The Hill) | Published: 11/11/2022 A conservative group is planning to push state lawmakers across the country to adopt legislation to shield […]
National/Federal
Conservative Group Pressing States to Adopt Laws Protecting Companies from ‘Political Boycotts’: Report
Yahoo News – Jared Gans (The Hill) | Published: 11/11/2022
A conservative group is planning to push state lawmakers across the country to adopt legislation to shield American companies from “political boycotts.” It was reported that the American Legislative Exchange Council will lobby legislators to back its proposal at its States and Nation Policy Summit. The plan would require all government entities to include a clause in their contracts with businesses that they will promise to not “engage in economic boycotts.” The move comes amid strong Republican pushback to financial institutions seeking to distance themselves from industries such as fossil fuels.
Departing Lawmakers Are Lining Up Cushy Lobbying Gigs
MSN – Hailey Fuchs (Politico) | Published: 11/17/2022
Departing lawmakers are cashing in on their public service in Washington, D.C. by securing high-paying jobs on K Street. Former lawmakers are prohibited from directly lobbying their onetime colleagues during a waiting period that lasts one year for House members and two years for senators. But they may begin advising clients – except for foreign entities intending to influence the government – immediately. In that capacity, they can offer guidance on the inner workings of their congressional conference and access to their list of contacts.
DHS Blocked Vital Research on Domestic Threats, Say Terrorism Experts
MSN – Hannah Allam (Washington Post) | Published: 11/15/2022
As attacks rose in 2019, Department of Homeland Security (DHS) officials pledged to step up their response to domestic terrorism, funding in-depth research that would help them understand the scale of the problem. But that data collection has not begun, and $10 million languishes unused. About 20 research projects faced delays because of rulings by the department’s Privacy Office that deemed them high-risk even after researchers explained the information they intended to use was available to the public. A DHS official said federal agencies are facing criticism by both major parties for their response to political violence.
Documents Show Big Foreign Government Spending at Trump Hotel
MSN – Bernard Condon (Associated Press) | Published: 11/15/2022
The Trump hotel in Washington, D.C. took in more than $750,000 from six foreign governments at sensitive moments in their U.S. relations, with guests spending as much as $10,000 per room a night, according to documents released by a congressional committee. The Trump hotel near the White House, now a Waldorf Astoria, drew criticism from the start of Trump’s presidency for taking money from Republican politicians, companies, and foreign governments eager to curry favor with him.
FEC Targets Digital Ad Disclosure
Axios – Lachlan Markey | Published: 11/10/2022
The FEC is taking a significant step towards regulating digital political ads, taking up a measure to force disclosure of paid advertising on leading social and streaming platforms. The proposed regulation would require digital ads to disclose the entity paying for them. It would also expand the types of digital ads subject to the regulations, not just traditional banner ads or videos, but also paid social media endorsements and “influencer marketing” efforts.
Feds End Ukraine-Related Foreign Lobbying Investigation into Rudy Giuliani Without Filing Charges
MSN – Kara Scannell (CNN) | Published: 11/14/2022
Federal prosecutors investigating Rudy Giuliani’s activities in Ukraine closed their probe and said no criminal charges will be brought. Prosecutors have been investigating Giuliani, the onetime personal attorney to former President Trump, for possible violations of foreign lobbying laws since early 2019. Prosecutors had examined whether Giuliani operated on behalf of Ukrainian officials when he sought the ouster of the then-U.S. ambassador to Ukraine, Marie Yovanovitch, while urging Ukraine to investigate Joe Biden and his son, Hunter.
Judge Fines Trump Lawyers in Clinton Case Thrown Out in September
MSN – Azi Paybarah (Washington Post) | Published: 11/11/2022
A federal judge fined lawyers for former President Trump more than $66,000 and admonished them for filing frivolous and baseless claims in Trump’s defamation case against Hillary Clinton and her allies stemming from the 2016 presidential election. The fines include a $50,000 sanction to the court and an additional $16,274.23 payment to one of the 29 defendants in the case for expenses incurred as a result of the suit, which the judge dismissed in September.
McConnell Reelected Senate GOP Leader: ‘Not going anywhere’
Yahoo News – Lisa Mascaro, Brian Slodysko, and Mary Clare Jalonick (Associated Press) | Published: 11/16/2022
Sen. Mitch McConnell was reelected as Republican leader, quashing a challenge from Sen. Rick Scott after a disappointing performance in the midterm elections that kept Democrats in control. The unrest in the Senate GOP is similar to the uproar among House Republicans in the aftermath of the midterm elections that left the party split over Donald Trump’s hold on the party. The challenge by Scott, who was urged by Trump to confront McConnell, escalated a feud between Scott, who led the Senate Republican’s campaign arm this year, and McConnell over the party’s approach to try to reclaim the majority.
Questions About Donald Trump’s Campaign Money, Answered
MSN – Fredreka Schouten (CNN) | Published: 11/15/2022
With his formal announcement of a third presidential bid, Donald Trump now will face new limits on raising and spending money ahead of the 2024 election. But election lawyers and campaign finance experts said loopholes in federal election rules, and lax enforcement by federal regulators of existing laws, still offer Trump several potential routes to capitalize on the massive fundraising operation he and his aides have built since his 2020 loss.
Republicans Narrowly Win House, Ending Full Democratic Control of Congress
MSN – Hannah Knowles, Marianna Sotomayor, and Colby Itkowitz (Washington Post) | Published: 11/16/2022
Republicans were projected to win back control of the U.S. House with a narrow majority, dealing a blow to President Biden and his agenda even as Democrats defied predictions of a rout to limit the GOP’s power. Republicans sought to harness dismay at inflation, crime, and the direction of the country. Their gains fell far short of the red wave they once envisioned, as Democrats countered with campaigns centered on abortion rights and fighting Republican extremism. The GOP gains the ability to launch investigations and block legislation.
They Rallied in D.C. on Jan. 6. Now They’ll Join Congress.
MSN – Michael Kranish (Washington Post) | Published: 11/14/2022
While the Republican Party suffered surprising losses in the midterms, including defeats of many who bought into Donald Trump’s false election claims, the arrival of freshman lawmakers in Congress who had come to Washington as pro-Trump activists on January 6, 2021, underscores the extent to which the House Republican caucus remains a haven for election deniers. At least 150 election deniers were projected to win House races, compared with the 139 who voted against certifying President Biden’s election.
Trump Wanted IRS Investigations of Foes, Top Aide Says
Yahoo News – Michael Schmidt (New York Times) | Published: 11/14/2022
While in office, former President Trump repeatedly told John Kelly, his White House chief of staff, that he wanted a number of his perceived political enemies to be investigated by the IRS, Kelly said. Kelly said Trump’s demands were part of a broader pattern of him trying to use the Justice Department and his authority as president against people who had been critical of him. Kelly said he made clear to Trump there were serious legal and ethical issues with what he wanted.
Trump, Who as President Fomented an Insurrection, Says He Is Running Again
MSN – Isaac Arnsdorf (Washington Post) | Published: 11/15/2022
Donald Trump, who refused to concede defeat and inspired a failed attempt to overturn the 2020 election culminating in a deadly attack on the U.S. Capitol, officially declared he is running to retake the White House in 2024. The announcement came in a moment of political vulnerability for Trump as voters rejected his endorsed candidates in the midterm elections. Since then, elected Republicans have blamed Trump for the party’s performance and potential rivals are already plotting to challenge him for the nomination.
Two Anonymous $425 Million Donations Give Dark Money Conservative Group a Massive Haul
MSN – Hailey Fuchs (Politico) | Published: 11/16/2022
One of the biggest conservative “dark money” organizations in the nation was boosted last year by two separate anonymous gifts, each totaling more than $425 million dollars. The money was sent to DonorsTrust, a 501(c)(3) charity that has become one of the most influential conduit of funds in Republican-leaning circles. They are among the largest ever donations to a politically connected group. Under law, the individual or individuals behind those $425 million donations were not required to be disclosed to the public. DonorsTrust did not reveal them.
U.S. Intelligence Report Says Key Gulf Ally Meddled in American Politics
MSN – John Howard (Washington Post) | Published: 11/12/2022
A classified report outlines legal and illegal efforts by United Arab Emirates (UAE) to steer U.S. foreign policy in ways favorable to the country. It reveals the UAE’s bid, spanning multiple administrations, to exploit the vulnerabilities in American governance, including its reliance on campaign contributions, susceptibility to powerful lobbying firms, and lax enforcement of disclosure laws intended to guard against interference by foreign governments. The intelligence community’s scrutiny of the UAE indicates a heightened level of concern and a departure from the laudatory way the country is discussed in public by U.S. officials.
From the States and Municipalities
Arizona – Katie Hobbs Elected Arizona Governor, Defeating Trump-Backed Election Denier Kari Lake
MSN – Stacey Barchenger (Arizona Republic) | Published: 11/14/2022
Arizona Secretary of State Katie Hobbs, built a national profile by standing up to false claims about the 2020 presidential election, won the state’s gubernatorial election. With her win, Arizonans followed voters in other battleground states who rejected gubernatorial candidates who pushed false claims about election results. Hobbs will be the fifth female to hold the top elected office in Arizona, more than in any other state.
Arizona – Supreme Court Turns Down Arizona GOP Head’s Request to Shield Records
MSN – Robert Barnes (Washington Post) | Published: 11/14/2022
The U.S. Supreme Court turned down a request from Arizona Republican Party Chairperson Keli Ward to shield her phone records from the congressional committee investigating the assault on the Capitol. A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit had said it was proper for the committee to issue a subpoena seeking information about calls placed from Ward’s cellphone between November 2020 and January 202. Ward argued that would violate her First Amendment right to freedom of association.
California – Anaheim and Its Ex-Mayor Won’t Disclose His Emails and Texts, So We Took Them to Court
MSN – Gabriel San Román (Los Angeles Times) | Published: 11/16/2022
The Los Angeles Times asked a judge to compel the city of Anaheim and former Mayor Harry Sidhu to disclose records related to an FBI corruption investigation into a self-described “cabal” that allegedly ran the city. The Times is also seeking records of other city business, including any messages related to negotiations surrounding the aborted Angel Stadium sale, which collapsed after the probe became public. Sidhu, who resigned while under criminal investigation, has refused to turn over emails and text messages from personal accounts he used to conduct city business.
California – Capt. Hollywood: Who is the ex-LAPD commander who tipped off CBS to assault claim?
MSN – Richard Winton and Meg James (Los Angeles Times) | Published: 11/13/2022
Known around the Los Angeles Police Department as “Capt. Hollywood,” Cory Palka played the part. He was a regular at Hollywood Boulevard star dedication ceremonies and picked up a lucrative off-duty assignment as a bodyguard for CBS’ former chief, Leslie Moonves. His actions now are under scrutiny after it was revealed that five years ago, Palka tipped off CBS executives to the existence of a confidential complaint alleging Moonves sexually assaulted a co-worker. Palka, then captain of the Hollywood station, worked closely with CBS to contain the allegations.
California – Jury Finds L.A. Skyscraper Developer Paid Jose Huizar More Than $1 Million in Bribes
MSN – Michael Finnegan (Los Angeles Times) | Published: 11/10/2022
The development company Shen Zhen New World I was convicted of paying former Los Angeles City Council member Jose Huizar more than $1 million in bribes to win his support for a proposed skyscraper in the city. It was the second conviction of a developer accused of paying off Huizar, who left office in 2020. A federal jury found developer Dae Yong Lee guilty of paying Huizar $500,000 in cash. Huizar is scheduled to go on trial in February. From 2013 to 2018, prosecutors say, he used his city office as an extortion racket to secure more than $1.5 million in illicit payments from developers seeking city approval of projects.
California – Karen Bass Elected Mayor, Becoming First Woman to Lead L.A.
MSN – Julia Wick (Los Angeles Times) | Published: 11/16/2022
U.S. Rep. Karen Bass defeated Rick Caruso in the Los Angeles mayor’s race, making her the first woman and second Black Angeleno elected to lead the city. Confidence in local government is seemingly at a nadir after a series of City Hall indictments in recent years, and the release of a leaked audio recording less than a month before the election that revealed top officials making racist comments and scheming to maintain political power. The city’s first competitive mayoral race in nearly a decade was a story of contrasts, with two candidates who symbolized divergent visions of the city.
Georgia – Democrats Sue to Allow Saturday Voting in Georgia Runoff Amid Holiday Dispute
MSN – Mattherw Brown (Washington Post) | Published: 11/16/2022
Democrats are suing to force Georgia election officials to allow early voting on a Saturday ahead of the U.S. Senate runoff election on December 6. The suit comes in response to a determination by state officials that the law forbids voting right after Thanksgiving and a state holiday that once honored Robert E. Lee. The lawsuit argues that current guidance “applies only to primary and general elections, not runoffs.” The early voting period is set for November 28 through December 2, a stretch that does not include a weekend day, which voting rights advocates say makes it more difficult for some people to cast ballots.
Hawaii – County Ethics Watchdogs Need More Money to Do the Job Right, State Panel Says
Honolulu Civil Beat – Blaze Lovell | Published: 11/11/2022
A commission wants Hawaii’s county ethics watchdogs to have more funding to monitor, and if need be, investigate public officials after a string of public corruption cases put a spotlight on government ethics and transparency. Unlike the Honolulu Ethics Commission, with 11 full-time staff and a total budget over $650,000, the ethics boards for Kauai, Maui, and Hawaii island operate with either no funds or very little to cover travel or food expenses. Staff members are usually limited to a secretary and attorney in the county’s corporation counsel office, both of whom may have other responsibilities outside of helping the all-volunteer ethics board.
Hawaii – Hawaii Lawmakers Honored Federal Lobbyist Despite Her Conviction in a Foreign Lobbying Scandal
Honolulu Civil Beat – Nick Grube | Published: 11/14/2022
The Hawaii Senate approved an honorary certificate for businessperson Nickie Lum Davis, lauding her for her “public service and outstanding contributions to her community.” What the certificate did not mention was that Davis pleaded guilty in 2020 to federal charges and was awaiting sentencing in a criminal case. The U.S. Justice Department accused her and others of secretly lobbying the Trump administration on behalf of Chinese and Malaysian interests. Davis has submitted the certificate to a judge to bolster her character and avoid prison.
Illinois – Indicted Ald. Carrie Austin ‘Not Medically Fit’ for Trial, Her Lawyers Say Days After She Voted on City Budget
Chicago Sun-Times – Jon Seidel | Published: 11/11/2022
Lawyers for indicted Chicago Ald. Carrie Austin told a judge she is “not medically fit to stand trial” and they will seek to have her prosecution put on hold. Austin is accused of taking home improvement materials as kickbacks from a developer overseeing a $50 million development in her ward. The lawyers said Austin “cannot cooperate fully with counsel or withstand the stress of a trial.” Austin has been attending city council meetings and voting on legislation. Austin was receiving supplemental oxygen while in the council chambers recently.
Illinois – Where is Ald. Walter Burnett Jr.’s Missing $300,000 in Campaign Money?
Chicago Sun-Times – Tim Novak and Lauren FitzPatrick | Published: 11/11/2022
Since 1999, Chicago Ald. Walter Burnett Jr. reported investing $375,000 of the $4.2 million in campaign contributions he received from political supporters, but $300,000 of the invested money has disappeared from his campaign finance reports. Burnett has declined to answer reporters’ questions about his campaign reports, which he has frequently amended, some of them as many as five times. the State Board of Elections says it has known for several months that Burnett’s campaign fund stopped reporting what it has done with the invested contributions, which it is required to do under state law.
Kansas – Ex-Kansas Democratic Party Officers Disciplined for ‘Unprecedented’ Campaign Finance Errors
MSN – Andrew Bahl (Topeka Capital Journal) | Published: 11/16/2022
The Kansas Governmental Ethics Commission disciplined two former state Democratic Party officers over errors in the group’s campaign finance reports that occurred over a seven-year period. Ethics officials termed the scope of the mistakes, which total over $1.5 million in expenditures and contributions that were misreported, to be “unprecedented.” Between 2009 and 2016, the party had underreported over $500,000 in contributions, as well as $507,000 in unreported expenditures, plus additional assets that were overreported.
Kansas – Legislative Veto of Regulations Amendment Fails in Closest Vote of Kansas 2022 Election
MSN – Jason Tidd (Topeka Capital-Journal) | Published: 11/16/2022
Kansas voters appear to have narrowly rejected a proposed constitutional amendment that would have created a so-called legislative veto over administrative rules and regulations. Supporters of the amendment viewed it as a way to ensure the legislative branch, which generally delegates regulatory authority, had sufficient checks and balances over the executive branch, which typically promulgates and enforces regulations. Opponents feared the extent to which legislators, who are not typically experts on regulations, could be influenced by lobbyists or political motivations.
Kentucky – Lobbyists Who Engage Louisville Officials Must Register with City Under New Ordinance
Yahoo – Billy Kobin (Louisville Courier-Journal) | Published: 11/11/2022
A new ordinance in Louisville requires lobbyists and principles to register if they engage with public officials and file expenditure reports. It sets a $500 limit on gifts from lobbyists to candidates and officials and their families. Lobbyists may pay the cost for an official to attend certain events as long as it does not exceed $300. When he introduced the proposal, Metro Councilperson Bill Hollander said it would fix “a gaping shortfall of our ethics ordinance.”
Louisiana – NOPD Investigating Officer Frequently Inside Cantrell’s City-Owned Apartment
MSN – Lee Zurik and Dannah Kirby (WVUE) | Published: 11/9/2022
Surveillance video has led to more questions about how New Orleans Mayor LaToya Cantrell is spending her time and taxpayer dollars. While investigating whether Cantrell was living at a city-owned apartment complex, the video showed she spent many hours inside the apartment, often during the workday, and sometimes stayed overnight. The head of the Metropolitan Crime Commission, Rafael Goyeneche, said that could be a violation of a policy that states city property is for work-related purposes and not personal benefit. The videos also show Cantrell is also spending hours there with one member of her security team.
Maryland – Carroll County Commissioners Approve Updated Ethics Rules on Financial Disclosures and Gifts
MSN – Sherry Greenfield (Baltimore Sun) | Published: 11/11/2022
The Board of Carroll County Commissioners approved new provisions in the county’s ethics ordinance to reflect changes in state law regarding gifts and financial disclosures. Commissioners have been discussing since September state law measures enacted by the General Assembly in 2021 that changed ethics law requirements for local governments.
Nevada – Democrats Keep Control of the Senate with Win in Nevada
MSN – Hannah Knowles and Liz Goodwin (Washington Post) | Published: 11/13/2022
Democrats retained control of the U.S. Senate, clinching a narrow majority as they showed strength in battleground races in a daunting midterm year that handed President Biden a major victory as he looks to his next two years in office. The final blow to Republican hopes of retaking the chamber came in Nevada, where Sen. Catherine Cortez Masto won reelection, ensuring Democrats a 50th seat, with a runoff election still to come in Georgia that could pad their slim majority.
New Mexico – NM Supreme Court Throws Out Couy Griffin’s Appeal
Source New Mexixo – Austin Fisher | Published: 11/15/2022
Former Otero County Commissioner Couy Griffin failed to explain to the New Mexico Supreme Court how he would challenge his removal from elected office, so the justices threw out his appeal. A lower court ruling also barred him for life from serving in elected federal and state positions. It was the first time an elected official was unseated by court order as a result of participating in or supporting the January 6 attack on the U.S. Capitol.
New York – Free Speech of Ex-State Workers Under Scrutiny in APA Case
Albany Times Union – Gwendolyn Craig (Adirondack Explorer) | Published: 11/11/2022
A retired Adirondack Park Agency staff member’s stymied attempt at submitting input this summer during the agency’s open public comment period could lead New York’s Commission on Ethics and Lobbying in Government to consider the matter and what it could mean for past and present state employees’ participation in solicited feedback. APA Associate Counsel Sarah Reynolds wrote Linck that his written comments “appear to contain confidential information” and may violate post-employment restrictions. Reynolds said the agency would not consider them and referred Linck to the state ethics commission.
New York – Groups Urge State Ethics Watchdog to Probe $5M Cuomo Book Approval, Failed Policies
Spectrum News – Kate Lisa | Published: 11/14/2022
Good-government groups want New York’s new ethics commission to learn from the mistakes of its predecessor, the Joint Commission on Public Ethics (JCOPE), which was disbanded this year. The coalition sent a letter to the Commission on Ethics and Lobbying in Government, pushing it to revisit the decisions that led to the approval of former Gov. Andrew Cuomo’s $5 million book deal and JCOPE’s policies. In September, the new commission voted to follow precedent from JCOPE when making decisions, pushing watchdogs to file a complaint. In October, the commission voted to continue any pending cases JCOPE did not finish.
New York – New York City Football Club Stadium Deal Provides Affordable Housing – and a Win for Lobbyist with Ties to Adams
MSN – Chris Sommerfeldt and Michael Gartland (New York Daily News) | Published: 11/16/2022
A $780 million soccer stadium deal in Queens approved by New York City Mayor Eric Adams was a win for one of his top political advisers, who lobbied City Hall for months on behalf of the project’s developer. Nathan Smith, a political strategist who served as a top aide in Adams’ 2021 mayoral campaign, signed a lobbying contract with City Football Group to lobby the mayor’s team to develop a facility for the New York City Football Club. So far, Smith’s firm, Red Horse Strategies, has been paid $20,000 by the club’s owner.
Ohio – Jury Convicts Dover Mayor Richard Homrighausen of Six Theft-Related Charges
Yahoo News – Nancy Molnar (The Times-Reporter) | Published: 11/16/2022
Dover Mayor Richard Homrighausen was convicted on theft in office and five other criminal charges. The jury found him guilty of four counts of soliciting improper compensation for taking fees for performing wedding ceremonies. He was also convicted of dereliction of duty for failing to deposit the payments in the city treasury. The theft in office conviction bars Homrighausen from holding public office for life. Authorities said Homrighausen did not claim the fees on his federal, state, or local taxes or declare the payments on financial disclosure forms.
South Dakota – Ethics Board Subpoenas DCI for Investigation Report into If Gov. Kristi Noem Misused the State Airplane
Yahoo News – Annie Todd (Sioux Falls Argus Leader) | Published: 11/14/2022
The Government Accountability Board issued a subpoena for the Division of Criminal Investigation relating to its investigation into South Dakota Gov. Kristi Noem’s alleged personal use of the state airplane. The move comes after the Hughes County state’s attorney found there were “no facts to support a criminal prosecution under current law” and returned the complaint to the board.
Tennessee – Campaign Finance Watchdog Files Complaint Against Harwell
Tennessee Lookout – Sam Stockard | Published: 11/15/2022
The Campaign Legal Center filed a complaint against former Tennessee House Speaker Beth Harwell claiming she violated the law by moving $47,000 in “soft money” into her failed congressional campaign this year. The complaint say Harwell appears to have broken federal rules by directing $35,000 from the Beth Harwell Committee and $12,000 from the Harwell PAC, both state accounts, into a super PAC that purchased advertising supporting her Fifth Congressional District campaign in advance of the August primary.
Texas – Texas Investigating Voting Difficulties in Houston’s Harris County
MSN – Molly Hennessey-Fiske (Washington Post) | Published: 11/16/2022
Texas Gov. Greg Abbott called for a criminal investigation into “widespread problems” and “allegations of improprieties” in Harris County’s election. He noted voting in the nation’s third-largest county was plagued by understaffing, broken voting machines, and paper ballot shortages, even though turnout was lower than county officials expected. Abbott and other Republicans have claimed the problem was especially acute in conservative areas, although complaints came from Democratic areas as well.
Washington DC – D.C. Housing Authority Internal Auditor Alleges Illegal Contracting
MSN – Steve Thompson (Washington Post) | Published: 11/13/2022
The District of Columbia Housing Authority (DCHA) illegally contracted with a software company, spending about $1 million without competitive bidding and splitting the amount into smaller purchases to escape scrutiny from the agency’s board, according to a report by the authority’s internal auditor. The review alleges that DCHA under its previous director, Tyrone Garrett, entered the first of the “illegal contracts” in 2019. But in a more immediate concern for the agency’s board, the review also accuses DCHA’s current executive staff of improperly trying “to use emergency contracts to cover up the error of obtaining an illegal contract.”
November 11, 2022 •
News You Can Use Digest – November 11, 2022
National/Federal Democrats Buck Midterm History to Win Control of 4 States Yahoo News – David Lieb (Associated Press) | Published: 11/9/2022 Defying historic midterm trends, Democrats wrested control of state legislative chambers away from Republicans in Michigan and Minnesota while also […]
National/Federal
Democrats Buck Midterm History to Win Control of 4 States
Yahoo News – David Lieb (Associated Press) | Published: 11/9/2022
Defying historic midterm trends, Democrats wrested control of state legislative chambers away from Republicans in Michigan and Minnesota while also gaining full control of state Capitols in Maryland and Massachusetts. The Democrats’ gains gave them power to set agendas in four states that previously had politically divided governments. Only twice since 1900 had the president’s party posted a net increase in state legislative seats during a midterm election – in 1934 and in 2002, a year after the September 11 terrorist attacks.
‘Espionage Lite’ or Deal Making? Prosecutors Struggle to Draw a Line.
DNyuz – Rebecca Davis O’Brien (New York Times) | Published: 11/7/2022
Thomas Barrack, an adviser to former President Trump, was acquitted of violating federal law by acting as a foreign agent without authorization while trying to help the United Arab Emirates influence the Trump administration. The charges included acting as an agent of a foreign government without notifying the attorney general, a charge the Justice Department has referred to as “espionage lite,” a violation of Section 951 of the U.S. criminal code. In recent cases, the misconduct charged under the law more closely resembles lobbying, business dealings, or management consulting. “[Prosecutors] are now using the statute in this very fuzzy context of influence,” said Robert Kelner, an expert on government ethics law.
Fed Up with Political Text Messages? Read On.
Yahoo News – Natasha Singer (New York Times) | Published: 11/5/2022
In October, people in the United States received an estimated 1.29 billion political text messages, about twice as many as in April, according to an app that blocks Robocalls and spam texts. Many voters have complaints about it. Many were rife with divisive language or deceptive content. Political texting is becoming a go-to method for spreading doomsday scenarios, lies, and campaign smears. FEC rules requiring political ads on broadcast television, cable, and radio to disclose their sponsors do not apply to political text messages.
Federal PAC Supporting Ron DeSantis’ Presidential Bid Sues FEC Over List-Sharing Ruling
Open Secrets – Taylor Giorno | Published: 11/3/2022
Ready for Ron sued the FEC after the agency blocked the hybrid PAC from sharing a petition with tens of thousands of supporters and their contact information with Florida Gov. Ron DeSantis to encourage him to run for president in 2024. At the heart of the lawsuit is whether that list, something campaigns typically spend a lot of money compiling, is political speech or an in-kind contribution. If successful, the lawsuit could poke more holes in regulations barring coordination between super PACs and campaigns, experts said.
Former Government Officials’ Details Missing from Hundreds of Lobbying Returns
thejournal.ie – Stephen McDermott and Cormac Fitzgerald | Published: 11/9/2022
Dozens of former government officials who subsequently lobbied senior figures have incorrectly appeared as ‘ordinary; lobbyists on Ireland’s register of lobbying. An analysis found almost 400 returns on the Lobbying Register in which ex-ministers, ministerial advisers, and secretaries general were not listed as what are known as former Designated Public Officials as required by law. The incomplete entries included lobbying returns filed on behalf of multinationals such as Google, Huawei, Diageo, and Merck.
GOP Exuberance Crashed into Democratic Resistance to Defy Midterm Expectations
MSN – Dan Balz and Dan Keating (Washington Post) | Published: 11/9/2022
Few foresaw that Democrats would defy expectations of a “red wave” in the midterm elections, but the pattern of results has been a part of the country’s politics for some time, ever since Donald Trump won the White House in 2016. The forces that aligned against Trump in 2018 and 2020 were evident again on November 8. Abortion and concerns about extremism in the GOP proved as potent in energizing voters on the left as inflation, crime, and illegal immigration did in aiding Republicans. President Biden’s low approval ratings turned out to be less catastrophic for Democratic candidates than history would have suggested.
How Trump’s Bogus Election Day Claims Broke Through Facebook and Twitter Bans
MSN – Mark Scott (Politico) | Published: 11/9/2022
Donald Trump spent Election Day posting unfounded allegations on his own Truth Social platform, as well as on the encrypted messenger Telegram. Those platforms are far smaller than Facebook and Twitter, which have banned Trump, and state officials quickly debunked the claims. But his accusations boomeranged onto more mainstream platforms as candidates, high-profile influencers, and voters shared his allegations. It offers a preview of how hard it will be for even powerful platforms to contain false or misleading statements by the former president in 2024.
Investigators Search for Pricey Gifts to Trump from Foreign Leaders
MSN – Jacqueline Alemany and Josh Dawsey (Washington Post) | Published: 11/4/2022
Congressional investigators are looking for dozens of pricey mementos gifted to former President Trump and his family members by foreign governments. The House Oversight Committee has asked for help in locating the items from the National Archives, which is among the agencies charged with keeping presidential gifts. The committee asked the archives to check whether the gifts are among the items transferred there from the White House at the end of Trump’s presidency as required by law. The committee is also seeking records from Trump’s team about its record keeping, a Trump adviser said.
Private Equity Firm Bets on Washington
MSN – Theodoric Meyer (Washington Post) | Published: 11/10/2022
Private equity is pouring more money into Washington, D.C., investing in a group of polling, public relations, lobbying, and political consulting firms. Seidler Equity Partners, a private equity firm based in California, has taken a minority stake in a conglomerate of 10 firms. Seidler’s investment will allow GP3 Partners to buy more companies to become a bigger player in Washington, said Darrell Lauterbach, GP3’s chief executive. K Street is highly fragmented, with hundreds of lobbying, law, communications, and political consulting firms competing for business.
Spanish Govt Proposes Rules for Lobbyists, Public Officials
Yahoo News – Associated Press | Published: 11/8/2022
Spain’s Council of Ministers introduced a bill to increase the transparency of interactions between public officials and lobbyists. Officials involved in any stage of policymaking would have to report their meetings with representatives of companies or groups that hoped to influence governmental decisions. Lobbyists would need to enroll in a new electronic registry of interest groups to carry out any encounters with any members of the government, among other provisions.
The FEC Isn’t Enforcing the Law. Does It Even Matter?
Mother Jones – Russ Choma | Published: 11/8/2022
With the three Democratic commissioners and the three Republican commissioners on the FEC deadlocked for years, the agency has failed to reach any meaningful consensus on major enforcement issues. Transparency activists are upset over the actions of the FEC’s newest Democratic member who joined the agency in August. Dara Lindenbaum has several times voted with the Republicans to dismiss enforcement cases that advocates had hoped would be pushed to the courts to decide. Lindenbaum and Republican Chairperson Allen Dickerson say that by finding a kind of bi-partisan agreement they are getting the FEC moving again.
Trump Called a Protest. No One Showed. Why GOP Efforts to Cry Foul Fizzled This Time.
MSN – Rosalind Helderman, Patrick Marley, and Tom Hamburger (Washington Post) | Published: 11/9/2022
After two years of promises from Donald Trump and his supporters they would flood polls and counting stations with partisan watchers to spot alleged fraud, after threats lodged against election workers, and after postings on internet chat groups called for violent action to stop supposed cheating, a peaceful Election Day drew high turnout and only scattered reports of problems. Election officials said they believed the relative normalcy resulted from a combination of concerted effort on the part of well-prepared poll workers and voters, as well as that some of Trump’s loudest supporters were less potent than they had claimed.
U.S. Judiciary Launches Online Database of Judges’ Financial Disclosures
Reuters – Nate Raymond | Published: 11/7/2022
Members of the public will be able to search federal judges’ financial disclosure reports detailing their assets and stock trades through a congressionally mandated online database that went live recently. The launch comes after President Biden in May signed into law a bipartisan bill that would make it easier for the public to see if a judge has a financial conflicts-of-interest warranting his or her recusal from hearing a case. The law was prompted by a Wall Street Journal report that more than 130 federal judges had failed to recuse themselves from cases involving companies in which they or their family members owned stock.
From the States and Municipalities
Arizona – Arizona Voters Back Ballot Measure Taking Aim at ‘Dark Money’
MSN – Isaac Stanley-Becker (Washington Post) | Published: 11/9/2022
Arizona voters approved a ballot measure that aims to curb “dark money” in elections. The money is veiled because it travels through nonprofits, which are exempt under current law from disclosing their donors. Proposition 211 requires any group making independent expenditures of at least $50,000 in statewide races or $25,000 in other races to report donors contributing more than $5,000. Approval of the measure could galvanize similar efforts elsewhere, said Terry Goddard, the former Arizona attorney general who spearheaded the move to put the issue on the ballot,
California – Inside the L.A. County Sheriff’s Department Corruption Investigation of Its Own Watchdogs
MSN – Michael Finnegan and Laura Nelson (Los Angeles Times) | Published: 11/3/2022
Los Angeles County Sheriff’s Department searched the home of county Supervisor Sheila Kuehl’s after it had spent three years looking into an allegation that Kuehl, one of Sheriff Alex Villanueva’s harshest critics, had taken bribes from a friend in return for Metropolitan Transportation Authority contracts. A Los Angeles Times review of the case found it is based on the testimony of one person, a former Metro employee named Jennifer Loew, who brought her bribery complaint to at least four law enforcement agencies but found a receptive audience only at the Sheriff’s Department. The Times found no evidence to support Loew’s allegation.
California – Jury Returns Guilty Verdicts on All Counts in Santa Clara County Sheriff Corruption Trial
MSN – Robert Salonga (Bay Area News Group) | Published: 11/3/2022
A jury reached guilty verdicts on all six counts in the civil corruption trial of now-former Santa Clara County Sheriff Laurie Smith, capping a monthlong trial that Smith nearly upended with her abrupt resignation, though a judge ordered the case to continue. A grand jury’s formal accusations alleged she illicitly steered concealed-carry weapons permits to donors and supporters, undermined state gift-reporting laws, and stifled a civilian auditor’s probe into a high-profile injury case at the county jail.
Florida – Conflicts of Interest, Cronyism at SFRTA, Tri-Rail’s Operator, Amid Furtive Renewal of Costly Lobbying Contract
Florida Bulldog – Dan Christensen | Published: 11/7/2022
The governing board of the South Florida Regional Transportation Authority (SFRTA), ditched staff plans to seek bids for lobbying services and instead rehired its longtime lobbyist amid apparent cronyism, conflicts-of-interest, and possibly wasteful spending. The rehiring of lobbyist Candice Ericks, vice president of TSE Consulting, the lobbying arm of the Tripp Scott law firm, came during a March meeting. Among the SFRTA board members who voted to abandon seeking bids and renew Ericks’s expiring $246,000-a-year contract was Ericks’s own boss – Tripp Scott co-founder, fellow TSE lobbyist, and SFRTA Vice Chairperson James Scott.
Georgia – Georgia’s Senate Race Will Go to a Runoff Between Warnock and Walker
MSN – Mariana Alfaro (Washington Post) | Published: 11/9/2022
The U.S. Senate race in Georgia between Democratic incumbent Raphael Warnock and Republican Herschel Walker is heading to a December 6 runoff. Georgia Secretary of State Brad Raffensperger said the state has looked at “the outstanding vote totals and neither one would be on 50 percent,” the threshold needed for victory. Georgia is one of two states, along with Louisiana, in which runoffs are required during general elections when no candidate secures more than half the votes.
Georgia – Gingrich Ordered to Appear Before Ga. Grand Jury Probing 2020 Election
MSN – Tom Jackman (Washington Post) | Published: 11/9/2022
A Virginia judge rejected an attempt by former House Speaker Newt Gingrich to evade a summons for his grand jury testimony in Georgia, where Fulton County District Attorney Fani Willis is investigating efforts by supporters of former President Trump to overturn the 2020 election results in that state. Gingrich’s lawyers argued the federal law that normally requires states to honor out-of-state grand jury summonses should not apply in this case because the special grand jury in Georgia lacks the power to indict. But Fairfax County Circuit Court Judge Robert Smith said the law does not parse out a difference between types of grand juries.
Hawaii – Hawaii May Soon Have More Tools to Prosecute Public Corruption
Honolulu Civil Beat – Blaze Lovell | Published: 11/9/2022
A statewide standards commission recommended new felonies dealing with fraud, false claims, and statements that may allow state and county prosecutors to bring charges against public officials similar to those brought by federal prosecutors in a string of public corruption cases this year. The U.S. Department of Justice has brought a handful of cases dealing with bribery and other forms of public corruption in Hawaii under the broad federal crime of honest services wire fraud. “It would have been difficult if not impossible to charge those cases under the existing state laws,” Flo Nakakuni, a deputy Honolulu prosecutor.
Kentucky – Kentucky Rejects Amendment 1, in Blow to Legislature’s GOP Supermajority
MSN – Joe Sonka (Louisville Courier-Journal) | Published: 11/8/2022
Kentucky voters rejected a ballot referendum that would have amended the state constitution to allow lawmakers to call themselves into a special session, a victory for Democratic Gov. Andy Beshear over the supermajority Republican Legislature. Only the governor can call legislators into a special session, during which they are only permitted to pass bills that are within the parameters set by the governor, as Beshear did in August to address flood relief.
Kentucky – ‘Shocks the Conscience.’ Panel Orders Kentucky Judge Removed Over Ethics Violations
MSN – Bill Estep (Lexington Herald Leader) | Published: 11/4/2022
A Kentucky judge committed a long list of violations that included mismanaging his courtroom, pressuring people for campaign contributions, violating people’s rights, and rigging bids for a home-detention monitoring service, a state ethics panel ruled. The Judicial Conduct Commission issued an order removing Circuit Court Judge James Jameson from office. Jameson was up for reelection, but the panel went further to say he is unfit for office in a new term as well.
Maine – Maine Gives Companies More Time to Disclose PFAS Use After Requests from Lobbying Groups
Bangor Daily News – Mehr Sher | Published: 11/7/2022
Maine lawmakers passed a law last year to require all manufacturers selling items in the state, from cars to T-shirts, to disclose whether their products contain toxic chemicals. Requiring disclosure was also a step toward Maine’s plan to prohibit the sale of products containing the per- and polyfluoroalkyl substances, known as PFAS. As the deadline to make the information public approaches, the state has been allowing national lobbying groups to delay the requirement on behalf of their members, some of whom said they did not even know they had been granted an extension.
Massachusetts – AP Sources: Justice Dept. watchdog probing Mass. US attorney
Yahoo News – Alanna Durkin Richer and Michael Balsamo (Associated Press) | Published: 11/7/2022
The Justice Department’s inspector general has opened an investigation of the top federal prosecutor in Massachusetts, prompted by U.S. Attorney Rachel Rollins’ appearance at a political fundraiser featuring first lady Jill Biden. The inspector general’s office is focusing on Rollins’ attendance at the Democratic National Committee event in July as well as her use of her personal cellphone to conduct official business. An investigation by the department’s internal watchdog targeting one of the nation’s 93 U.S. attorneys, is highly unusual.
Massachusetts – Former State Police Union Head Dana Pullman, Lobbyist Anne Lynch Convicted of Racketeering, Fraud
MSN – Tom Matthews (MassLive) | Published: 11/3/2022
The former president of the Massachusetts State Police union, Dana Pullman, and former lobbyist Anne Lynch were convicted by a federal jury of racketeering, fraud, obstruction of justice, and tax crimes. Pullman was the president of the State Police Association of Massachusetts (SPAM) from 2012 until his resignation in 2018. Lynch’s lobbying firm represented SPAM during the same time. Pullman and Lynch defrauded SPAM members and the state when Lynch paid Pullman a $20,000 kickback in connection with a settlement agreement between SPAM and the state, officials said.
Michigan – Proposal 1: Michigan voters pass term limits, financial disclosure reform measure
Detroit News – Carol Thompson | Published: 11/8/2022
Michigan voters overwhelmingly passed a constitutional amendment that would require state lawmakers to disclose some information about their personal finances and relax legislative term limits. Michigan is one of few states that do not require lawmakers to disclose anything about their personal finances while in office. Proposal 1 requires legislators, the governor, secretary of state, and attorney general to file annual financial disclosure reports starting in April 2024.
New Jersey – Lawmaker Calls for Review of State Office That Prosecutes Public Corruption Cases
New Jersey Monitor – Dana DiFilippo | Published: 11/4/2022
New Jersey Joe Cryan is calling for an independent review of the state attorney general’s office of public integrity and accountability after a Bergen County judge dismissed a public corruption indictment and raised questions about the office’s ethical conduct. Cryan’s demand comes after several high-profile losses for the office, which former Attorney General Gurbir Grewal launched in 2018 to prosecute public officials and law enforcement for misconduct.
New Mexico – State Files Lawsuit Against Political Action Committee
KRQE – Curtis Segarra | Published: 11/9/2022
New Mexico’s Ethics Commission filed a lawsuit against a political advocacy group, alleging the Working Families Organization, which funded a text message campaign to influence voters, did not properly disclose who was funding the campaign. The lawsuit also alleges the group did not properly register with the New Mexico secretary of state’s office as a political committee.
New York – Trump’s Company to Get a Court Monitor, Judge Rules
MSN – Josh Gerstein (Politico) | Published: 11/3/2022
A judge granted the New York attorney general’s request that former President Trump’s business be overseen by an independent monitor. The order requires the Trump Organization’s dealings with banks and sale of major assets be subject to supervision by a third-party expert to be named by the court. The monitor will oversee attempts to transfer assets and will screen any future reports of Trump’s net worth to financial and insurance institutions.
North Dakota – North Dakota Voters OK Term Limits for Governor, Legislators
Associated Press News – James MacPherson | Published: 11/9/2022
Voters in North Dakota approved term limits for their governor and state legislators. The ballot measure adds an article to the state constitution limiting lawmakers to eight years each in the state House and Senate. A governor could not be elected more than twice.
Ohio – Ohio County Auditor Wins Reelection Weeks Before His Corruption Trial
MSN – Erin Glynn (Cincinnati Enquirer) | Published: 11/9/2022
An indicted county auditor in Ohio won his reelection race just weeks before he is scheduled to face trial on six charges related to public corruption. If Butler County Auditor Roger Reynolds is convicted of a felony, the county Republican Party would appoint his replacement. Reynolds has pleaded not guilty and said the charges are false and politically motivated.
Oregon – NRA Committee to Be Fined for Delay in Reporting Donation to Campaign against Oregon Measure 114 Gun Control Initiative
Portland Oregonian – Maxine Bernstein | Published: 11/7/2022
The Oregon Elections Division said it will fine a National Rifle Association political committee more than $8,000 for the tardy reporting of a $25,700 donation to the campaign opposing Measure 114, a gun control ballot proposal. The NRA Oregonians for Freedom committee received the contribution from the NRA Political Victory Fund on July 29 but did not report it until November 1, far beyond the 30-day deadline.
Oregon – Oregon Voters Pass Measure 113, Punishing Lawmakers for Walkouts
Portland Oregonian – Hillary Borrud and Gosia Wozniacka | Published: 11/8/2022
Oregon lawmakers who boycott the state Capitol for an extended period to defeat legislation they oppose could now face a penalty after voters approved Measure 113. The ballot measure amends the state constitution so that going forward, any lawmaker with at least 10 unexcused absences will be disallowed from serving in the Legislature during the subsequent term. Republicans used walkouts in 2019 and 2020 to kill Democrats’ environmental reform plans and to defeat vaccine and gun regulation bills.
Pennsylvania – Kenyatta Johnson and His Wife, Dawn Chavous, Acquitted at Federal Bribery Trial
MSN – Jeremy Roebuck and Oona Goodin-Smith (Philadelphia Inquirer) | Published: 11/2/2022
A federal jury found Philadelphia City Councilperson Kenyatta Johnson not guilty of participating in a bribery scheme that allegedly saw him accept thousands of dollars from two former nonprofit executives in exchange for political favors. Jurors also acquitted Johnson’s wife, Dawn Chavous, along with former executives at Universal Companies, Abdur Rahim Islam and Shahied Dawan. The jury rejected the government’s accusations that Johnson sold the powers of his office to the executives, who funneled their payoffs through a sham $67,000 consulting contract with Chavous.
Pennsylvania – Mistrial Declared in Trial of Nonprofit Executives Accused with Kenyatta Johnson
MSN – Jeremy Roebuck (Philadelphia Inquirer) | Published: 11/7/2022
A federal judge declared a mistrial in the case of two codefendants of Philadelphia City Councilperson Kenyatta Johnson who were facing separate charges of embezzling funds and bribing a school official in Wisconsin. The decision came after one of the jurors who had been hearing the case against Rahim Islam and Shahied Dawan, former executives at the nonprofit Universal Companies, contacted COVID during the trial. Typically, that juror would have been replaced and the trial would have continued. But due to a high jury turnover rate throughout the trial, there were no alternate jurors left.
Tennessee – Nashville Council Member Faces Ethics Inquiry After Constituent’s Car Towed
MSN – Cassandra Stephenson (The Tennessean) | Published: 11/9/2022
A Nashville Councilperson Joy Styles is facing accusations she misused her authority to have a constituent’s car towed. The Metro Ethical Conduct Board reviewed a complaint against Styles and voted to hold a hearing in December to review allegations of improper use of official power. Nicole Weatherspoon, a resident of Styles’ district, filed an ethics complaint that accused Styles of improperly authorizing a company to tow Weatherspoon’s vehicle, which had a flat tire, from a public road. The complaint says a Performance Towing & Recovery employee told Weatherspoon the vehicle was towed under the authorization of “your councilwoman.”
Texas – Ads Against Abbott, Other Texas Republicans by Coulda Been Worse Test Campaign Ethics Law
MSN – Allie Morris and Robert Garrett (Dallas Morning News) | Published: 11/4/2022
The third biggest spender in Texas elections this year is a shadowy group that has not disclosed any information to the state, and is testing the limits of campaign finance law, experts said. Coulda Been Worse LLC has dumped more than $25 million into ads opposing Gov. Greg Abbott and other top Republicans. Since forming out of state in late August, Coulda Been Worse has not revealed its donors or leadership. Ethics experts and open government advocates say voters deserve to know who is trying to influence elections.
Texas – Fifth Circuit Parses Texas Ban on Boycotting Israel
Courthouse News Service – Cameron Langford | Published: 11/7/2022
Palestinians started the so-called boycott, divestment, and sanctions (BDS) movement to protest Israel’s occupation of Gaza and the West Bank. It advocates for refraining from doing business with the Israeli government or companies that benefit from Israel’s occupation of the Palestinian territories. Texas passed an anti-BDS law but pared it down later, excluding sole proprietorships, companies with nine or less employees, and contracts under $100,000. A company sued Houston and Texas Attorney General Ken Paxton, seeking an injunction ordering the city to remove the clause from its contract offer and declare the law unconstitutional.
Washington DC – D.C. Elections Board Denies Silverman’s Request to Vacate Ruling on Ward 3 Poll
MSN – Michael Brice-Saddler (Washington Post) | Published: 11/4/2022
The District of Columbia Board of Elections ruled city Councilperson Elissa Silverman’s due-process rights were not violated when the Office of Campaign Finance (OCF) determined she misspent public campaign funds on polling for the Democratic primary, despite her objections about the breadth and timeline of the probe. The OCF ordered Silverman to return $62,000 for the cost of two polls she commissioned ahead of the June primary.
Wisconsin – Military Ballots in Wisconsin Will Be Counted Under Judge’s Ruling
MSN – Patrick Marley (Washington Post) | Published: 11/7/2022
A judge declined to delay or prevent the counting of military ballots in Wisconsin in a lawsuit that came after a disaffected election worker said she reached a “breaking point” and created three fake ballots to highlight flaws in the state’s voting system. Kimberly Zapata, who at the time was Milwaukee’s deputy elections director, told prosecutors she ordered the fake ballots because she was frustrated by Republicans focusing on baseless claims instead of actual weaknesses in Wisconsin’s voting procedures. Prosecutors charged Zapata with felony misconduct in office, and she was fired from her position with the city.
November 4, 2022 •
News You Can Use Digest – November 4, 2022
National/Federal Architect of Capitol Abused Government Car Privileges, IG Report Finds MSN – Jim Saska (Roll Call) | Published: 11/1/2022 A report from the Architect of the Capitol inspector general suggests Architect Brett Blanton drove to Florida at the government’s expense, […]
National/Federal
Architect of Capitol Abused Government Car Privileges, IG Report Finds
MSN – Jim Saska (Roll Call) | Published: 11/1/2022
A report from the Architect of the Capitol inspector general suggests Architect Brett Blanton drove to Florida at the government’s expense, let his daughter use the office’s “free gas” for Walmart runs, allowed his wife to give prohibited private Capitol tours, and may have misled others into thinking he was an off-duty cop. During the investigation, the inspector general’s office discovered social media posts on September 30, 2020, from Blanton’s wife, one of which asked “ALL PATRIOTS” to contact her for private tours of the Capitol at a time when the building was closed to the public due to the coronavirus pandemic.
Capitol Police Cameras Caught Break-In at Pelosi Home, But No One Was Watching
MSN – Aaron Davis, Carol Leonnig, Mariana Sotomayor, and Paul Kane (Washington Post) | Published: 11/1/2022
If the Capitol Police were going to stop an attack at the home of any member of Congress, they had perhaps the best chance to do so at House Speaker Nancy Pelosi’s, according to law enforcement officials. But hours after Pelosi left San Francisco recently and returned to Capitol Hill, much of the security left with her, and officers in Washington, D.C. stopped continuously monitoring video feeds outside her house. The subsequent attack on Pelosi’s husband, Paul, demonstrated the immensity, and perhaps the impossibility, of law enforcement’s task to protect the 535 members of Congress at a time of unprecedented numbers of threats against them.
Chief Justice Roberts Temporarily Delays Release of Trump Tax Records
MSN – Robert Barnes (Washington Post) | Published: 11/1/2022
Supreme Court Chief Justice John Roberts temporarily halted the release of former President Trump’s tax records to a congressional committee and called for more briefings in the case. Without the Supreme Court’s intervention, the records could have been handed over to the House Ways and Means Committee as early as November 3. The U.S. Court of Appeals for the District of Columbia Circuit declined to review earlier rulings that found lawmakers are entitled to the documents in the legal battle.
Churches Are Breaking the Law by Endorsing in Elections, Experts Say. The IRS Looks the Other Way.
MSN – Jeremy Schwartz and Jessica Priest (ProPublica/Texas Tribune Investigative Unit) | Published: 10/30/2022
Eighteen churches over the past two years appeared to violate the Johnson Amendment, a federal law barring churches and nonprofits from directly or indirectly participating in political campaigns. Some pastors have gone so far as to paint candidates they oppose as demonic. At one point, churches fretted over losing their tax-exempt status for even unintentional missteps. Although the provision was mostly uncontroversial for decades after it passed in 1954, it has become a target for both evangelical churches and former President Trump. But the IRS has largely abdicated its enforcement responsibilities as churches have become more brazen.
Companies Often Don’t Match Climate Talk and Lobbying, Study Says
MSN – Ellen Meyers (Roll Call) | Published: 11/3/2022
Major corporations’ advocacy for clean energy and climate policies falls well short of the nearly unanimous support for cutting emissions and boosting renewable energy in the U.S, according to a report from sustainability nonprofit Ceres. Of listed companies in the S&P 100 index, nine out of every 10 acknowledge climate change is a material risk to their industry. Yet only half of the 100 companies disclosed they lobbied for climate policies aligning with the objectives of the Paris Agreement in the past three years.
Former Trump Aide Kash Patel Set to Testify in Mar-a-Lago Docs Probe: Report
MSN – Julie Shapero (The Hill) | Published: 11/2/2022
Former Trump aide Kash Patel is set to testify before a federal grand jury about the classified documents recovered from former President Trump’s Mar-a-Lago home after being granted immunity for any information. Patel, who has claimed Trump had declassified the documents found at Mar-a-Lago, previously refused to provide information to the grand jury, instead invoking his Fifth Amendment right against self-incrimination. Patel told The Wall Street Journal in August he witnessed Trump issue verbal declassification orders.
He’s an Outspoken Defender of Meat. Industry Funds His Research, Files Show.
DNyuz – Hiroko Tabuchi (New York Times) | Published: 10/31/2022
After three dozen leading researchers sounded a warning in a scientific journal that to fight climate change and improve human health, the world needed to dramatically cut back on eating red meat. The findings were quickly attacked by Frank Mitloehner, the head of an agricultural research center at the University of California, Davis. Mitloehner’s academic group, the Clear Center, receives almost all its funding from meat industry donations and coordinates with a major livestock lobby group on messaging, Critics say that close financial ties between a research center and the industry it studies create the potential for conflict-of-interest.
‘I Think It’s an Earthquake’: The political world reckons with a Musk-owned Twitter
MSN – Rebecca Kern, David Siders, and Meridith McGraw (Politico) | Published: 10/28/2022
Elon Musk formally took control of Twitter and after firing four key executives, tweeted “the bird is freed” – touching off a wave of both anxiety and relief in different corners of the political world. Conservatives, especially on the far right, view Musk as something of a savior, liberating Twitter from what they see as a progressive approach to what content is allowed. Liberals worry about what happens to a key information platform without a gatekeeper, especially if Musk allows Donald Trump back onto the platform.
Lawyers Who Advanced Trump’s Election Challenges Return for Midterms
DNyuz – Nick Corasaniti and Alexandra Berzon (New York Times) | Published: 11/2/2022
At least three dozen lawyers and law firms that advanced Donald Trump’s failed attempt to overturn the 2020 election are now working for Republican candidates, parties, and other groups, filing lawsuits and other complaints that could lay the groundwork for challenging the results of midterm elections. Though the 2020 legal push failed, with just one victory out of more than 60 lawsuits, scores of lawyers behind it have continued to work on election litigation.
Perkins Coie Dials Back Politics, Doubles Down on Corporate Work
Bloomberg Government – Justin Wise | Published: 11/2/2022
Perkins Coie, the law firm that has long been a top adviser to Democrats, is looking to expand its work for tech and emerging companies while pulling back from politics. The firm’s work in the political sphere has plummeted in the current election cycle, after the departure of prominent elections lawyer Marc Elias and a group of attorneys. It has been best known recently for fighting off Republican lawsuits challenging President Joe Biden’s 2020 election win and advising the Barack Obama and Hilary Clinton campaigns.
Political Advertisers Shift Spending from Facebook to Streaming Platforms Ahead of Midterms
CNBC – Lauren Feiner and Jonathan Vanian | Published: 11/2/2022
Political advertisers are spending less on Facebook for the 2022 midterms after flocking to the social network in previous cycles. Apple’s iOS privacy update in 2021 has made it more difficult for campaigns to reach potential voters with targeted ads. Laura Carlson, digital director of the Democratic Governors Association, said her organization is pushing the other half of its $10 million budget to areas like traditional email and text campaigns as well as newer platforms like streaming services.
Their Messages, Skirting Political Ad Rules
DNyuz – Stephanie Lai (New York Times) | Published: 11/3/2022
Social media influencers are paid hundreds and sometimes thousands of dollars per post to circulate political messages, and they are part of a growing group of people who are being paid by campaign operatives to create content aimed at influencing elections. No federal guidance has been published on the specifics of influencer political advertisements. That means users and marketing campaigns are effectively bound by no more than an honor system for disclosures. Some worry it could exacerbate the spread of misinformation and allow shadowy political messaging to flourish.
Trump Lawyers Saw Justice Thomas as ‘Only Chance’ to Stop 2020 Election Certification
MSN – Kyle Cheney, Josh Gerstein, and Nicholas Wu (Politico) | Published: 11/2/2022
Donald Trump’s attorneys saw a direct appeal to Supreme Court Justice Clarence Thomas as their best hope of derailing Joe Biden’s win in the 2020 presidential election, according to emails disclosed to congressional investigators. Trump attorney Kenneth Chesebro contended Thomas would be “our only chance to get a favorable judicial opinion by Jan. 6, which might hold up the Georgia count in Congress.” Thomas is the justice assigned to handle emergency matters arising out of Georgia and would have been the one to receive any urgent appeal of Trump’s lawsuit to the Supreme Court.
U.S. Capitol Police Officer Convicted of Obstructing Jan. 6 Probe
MSN – Tom Jackman (Washington Post) | Published: 10/28/2022
After he went into the U.S. Capitol on January 6, 2021, and then posted about it on Facebook, Jacob Hiles was arrested. In speaking with the FBI, Hiles mentioned something that caught the attention of investigators: “following the riot he had become friends with a Capitol police officer.” The FBI found a screenshot on his phone of a Facebook message sent to him by U.S. Capitol Police Officer Michael Riley on January 7. Riley deleted all his messages with Hiles. A jury recently convicted Riley on one obstruction count, for deleting his Facebook messages with Hiles, and failed to reach a verdict on the issue of his initial message to Hiles.
From the States and Municipalities
Alaska – Alaska Campaign Finance Regulators Issue Warning to the Republican Governors Association
Yahoo News – Iris Samuels (Anchorage Daily News) | Published: 10/26/2022
The Alaska Public Offices Commission (APOC) deferred a decision on a complaint alleging the Republican Governors Association (RGA) was illegally spending money to support Gov. Mike Dunleavy’s reelection bid. The decision allows A Stronger Alaska, the independent expenditure group funded by the RGA, to continue spending money before the November election. But in their ruling, commissioners issued a warning to the RGA and A Stronger Alaska, saying they “continue to make expenditures at their own peril.”
Arizona – Judge Limits Ballot Drop Box Monitoring in Arizona After Intimidation Claims
MSN – Annabelle Timsit (Washington Post) | Published: 11/2/2022
A federal judge issued a temporary restraining order against a far-right group accused of intimidating voters in Arizona. The ruling dramatically restricts what Clean Elections USA or its allies can do or say near ballot boxes. Donald Trump and his supporters have made the drop boxes the focal point of baseless claims they were used in a large-scale scheme to submit false ballots during the 2020 presidential election. The order extends to voters who use ballot drop boxes some of the same protections that are typically afforded at polling places.
California – Bribery Trial Opens for Hotel Company Linked to José Huizar Case
Spectrum News – City News Service | Published: 10/27/2022
A federal prosecutor told a jury that a China-based hotel company owned by a fugitive real estate developer bribed former Los Angeles City Councilperson José Huizar with over $1.5 million in cash, trips on private jets, and “casino chips and prostitutes” in exchange for his official support of a redevelopment project. The defense countered that city officials “universally loved” the project, so “there was no reason to bribe anyone.” Shen Zhen New World I, owned by developer Wei Huang, is charged with bribing Huizar to make sure city officials approved the proposed 77-story mixed-use skyscraper in downtown Los Angeles.
California – Judge Denies Motion to End Corruption Trial after Santa Clara County Sheriff’s Resignation
East Bay Times – Robert Salonga (Bay Area News Group) | Published: 11/2/2022
A judge ruled the civil corruption trial for Santa Clara County Sheriff Laurie Smith will continue after Smith suddenly resigned and asked the court to dismiss the case now that she cannot be removed from office. The arguments highlighted the lack of precedent for removal-from-office trials spurred by a civil grand jury; the only other one in known memory was in 2002 involving the ouster of a Mountain View city council member.
California – Years Later, City Leaders Still Often Don’t Comply with Disclosure Laws
San Francisco Examiner – Adam Shanks | Published: 11/2/2022
Many top city officials in San Francisco still do not comply with a 1999 law that requires them to maintain a daily public calendar that documents who they meet with and what they talk about. There remains a lack of uniformity in how those officials interpret the law, which may be as relevant today as ever thanks to the widespread distrust San Franciscans have of city government due to recent incidents of corruption.
Colorado – Judge Rebuffs GOP Candidate’s Request to Be Exempt from Spending Limits
Colorado Springs Gazette – Michael Karlik (Colorado Politics) | Published: 11/2/2022
A federal judge rejected a Colorado House candidate’s request to spend freely in the final days of the election, after he had inadvertently signed up for voluntary spending limits when he registered his candidacy. Although Paul Archer registered to run in February and realized in June that he had opted into a campaign financing mechanism that requires him to limit his overall spending, Archer only sought a judge’s order to block the spending limits two days after county clerks began mailing ballots. The judge faulted Archer and his campaign committee for the unreasonable delay.
Connecticut – Former CT State Rep. Michael DiMassa Pleads Guilty to Stealing About $1.2 Million in Pandemic Relief Money
MSN – Edmund Mahoney (Hartford Courant) | Published: 11/1/2022
Former Connecticut Rep. Michael DiMassa pleaded guilty to charges that he stole about $1.2 million that West Haven was awarded to cover expenses arising from the coronavirus pandemic. DiMassa was empowered by West Haven’s mayor to approve spending for prevention measures and other unexpected costs. He admitted he conspired with his wife and two others to embezzle the federal grant money by creating dummy invoices and directing payments to sham companies.
Florida – Watchdog Files FEC Complaint Against Nonprofits Tied to ‘Ghost’ Candidate Scandal
MSN – Jeff Weiner (Orlando Sentinel) | Published: 10/28/2022
The “dark-money” nonprofit central to Florida’s so-called ghost candidate scandal, as well as several related organizations, may have violated federal campaign finance laws to conceal political spending, according to a complaint by Citizens for Responsibility and Ethics in Washington. The complaint alleges violations under the Federal Election Campaign Act, which prohibits contributions made “in the name of another,” typically by funneling money intended to support a cause or candidate through a network of entities to conceal its true origins.
Georgia – An Ethics Watchdog Criticized Stacey Abrams. His Boss Retracted It.
DNyuz – Michael Powell (New York Times) | Published: 11/3/2022
When Craig Holman, a campaign finance and ethics expert, criticized Fair Fight Action, a politically powerful voting rights group, and its founder, Stacey Abrams, who happens to be running for governor of Georgia, his boss took notice. The day the article appeared, an official with Fair Fight Action complained to Public Citizen. The next day, Public Citizen retracted Holman’s criticism. It then congratulated Fair Fight Action for “heroic work” in protecting the vote and stated it was “proud to partner with them.” This partnership, Public Citizen officials said, was unofficial and not financial.
Georgia – Supreme Court Denies Lindsey Graham Appeal to Block Subpoena in Election Subversion Case
Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 11/1/2022
The Supreme Court denied U.S. Sen. Lindsey Graham’s bid to block a subpoena from prosecutors investigating Donald Trump’s effort to subvert the 2020 election in Georgia. The court agreed that Graham can be required to provide testimony to a grand jury about matters that are not related to his official congressional work. Prosecutors in Fulton County have emphasized they do not plan to question Graham about his legislative work but are probing his December 2020 phone calls to state officials amid a recount and legal challenges by Trump.
Hawaii – Hawaii Standards Commission Moves to Tighten Ethics Rules for Lawmakers and Lobbyists
Honolulu Civil Beat – Blaze Lovell | Published: 10/26/2022
A commission wants the Hawaii Legislature to post records of legislative allowances online, require lawmakers to disclose any business relationship with lobbyists and other organizations trying to influence government, and make it harder for legislators to vote on bills when they may pose a conflict-of-interest. The Commission to Improve Standards of Conduct advanced several proposals aimed at lobbyists. The bills would mandate annual ethics training for lobbyists, require them to disclose a list of bill numbers they are trying to influence, and prohibit them from giving gifts to legislators and government employees.
Illinois – Pritzker Gives Shoe Leather and Big Bucks to Democrats Running for State’s Top Court – But GOP Says He’s Skirting the Law
Chicago Sun-Times – Tina Sfondeles | Published: 11/1/2022
Gov. J.B. Pritzker dipped into a trust fund to donate to two Democratic candidates for the Illinois Supreme Court, a decision Republicans say is skirting contribution limits the governor set himself. At issue is a bill the governor signed into law earlier this year that caps contributions to judicial candidates to $500,000 from “any single person.” But the Illinois State Board of Elections says Pritzker’s multiple donations are allowed.
Illinois – Tom Cullen, Longtime Brain in Madigan Political Operation, Provided Testimony for Feds
MSN – Jason Meisner and Ray Long (Chicago Tribune) | Published: 10/30/2022
Tom Cullen, a lobbyist who was an inside operator for years on former Illinois House Speaker Michael Madigan’s government staff, testified before a federal grand jury looking into broad aspects of Madigan’s political world, which prosecutors allege included a criminal enterprise aimed at providing personal financial rewards for Madigan and his associates. It has been reported that Cullen and his lobbying firm were at the center of an alleged scheme by AT&T Illinois to pay thousands of dollars to a former member of Madigan’s leadership team in exchange for the speaker’s help on legislation the company wanted.
Kentucky – Are Kentucky Judges Disclosing Everything They Should?
Kentucky Center for Investigative Reporting – Lily Burris and Michael Collins | Published: 11/3/2022
The Kentucky Center for Investigative Reporting obtained financial disclosure forms from 93 sitting judges and challengers running for the bench in Jefferson County, nearby counties in north central Kentucky, and the state Supreme Court. The disclosures do not reveal much about the candidates’ financial holdings, while gaps in oversight and lax enforcement make it difficult to hold judges accountable for potential conflicts-of-interest that might come up in court.
Kentucky – Federal Appeals Court Blocks Effort to Investigate Joe Fischer’s Supreme Court Bid
MSN – Deborah Yetter and Joe Sonka (Louisville Courier Journal) | Published: 10/31/2022
A federal appeals court granted an injunction to temporarily block the Kentucky Judicial Conduct Commission from investigating complaints about the campaign of Joe Fischer, a candidate for the state Supreme Court. Fischer filed a lawsuit saying he believed the commission was considering possible sanctions against him for alleged campaign violations, largely that he has identified himself as “the conservative Republican” in a nonpartisan judicial race. The appeals court said a letter from the commission seeking information and a meeting with the campaign was a threat to Fischer’s First Amendment rights.
Montana – Commissioner of Political Practices Extends Departure Date
Helena Independent Record – Montana State News Bureau | Published: 10/26/2022
After previously announcing he would step down just before Election Day, Commissioner of Political Practices Jeff Mangan said he still plans to leave the position but will remain in place until December 30. Republican lawmakers have for years brought legislation seeking to disband the office or reduce the power commissioners wield. Not since Dennis Unsworth’s departure at the end of 2010 has anyone served out a full term as commissioner.
Nevada – How One Small-Town Lawyer Faced Down the Plans of Election Skeptics
MSN – Stephanie McCrummen (Washington Post) | Published: 10/30/2022
Among the many anonymous jobs at the grassroots of American democracy, the county attorney is one of the most anonymous of all. Pickens County Attorney Phil Landrum’s days are usually spent advising county boards on the minutiae of state law, a job that has lately included defending his corner of the nation’s voting system against a barrage of attempts to upend it. Thousands of local officials across the country find themselves in a similar position as former President Trump and his allies continue to spread false claims about the security of America’s elections and urge their followers to act.
New York – Trump Organization on Trial for Criminal Tax Fraud
MSN – Michael Sisak (Associated Press) | Published: 10/31/2022
The Trump Organization is on trial for criminal tax fraud for what prosecutors say was a 15-year scheme by the company’s former chief financial officer to avoid paying taxes on fringe benefits, including apartments and luxury cars. In opening statements, prosecutors and defense lawyers sparred over the company’s culpability for the actions of Allen Weisselberg, who has pleaded guilty and agreed to testify as a prosecution witness. The tax fraud case is the only criminal trial to arise from the Manhattan district attorney’s three-year investigation of Donald Trump and is one of three active cases involving Trump or the company in New York courts.
Pennsylvania – Pennsylvania Court: Ballots in undated envelopes won’t count
Yahoo News – Mark Scolforo (Associated Press) | Published: 11/1/2022
Pennsylvania officials cannot count votes from mail-in or absentee ballots that lack accurate, handwritten dates on their return envelopes, the state Supreme Court ruled a week before tabulation will begin in races for governor, U.S. Senate, and state Legislature. The court directed county boards of elections to “segregate and preserve” those ballots. The justices split on whether making the envelope dates mandatory under state law would violate provisions of the U.S. Civil Rights Act of 1964, which states that immaterial errors or omissions should not be used to prevent voting.
Pennsylvania – The Pittsburgh Symphony Orchestra Paid $15K to Take 2 Pa. Lawmakers to Europe
Spotlight PA – Angela Couloumbis | Published: 11/2/2022
The Pittsburgh Symphony Orchestra paid for Pennsylvania Senate President Pro Tempore Jake Corman and state Rep. Rob Mercuri, along with their spouses, to travel to Europe to see the orchestra play in nine cities. The symphony, which has received nearly $10 million in state funding over the past five years, picked up the costs for their concert tickets, airfare, hotel, meals, and other incidentals. The orchestra estimated the cost at $15,000. Lawmakers are permitted to accept gifts of any value as long as they are not in exchange for official action and are reported. The Legislature recently without passing a gift ban bill.
South Carolina – SC School Board Member Wanted Taxpayers to Fund Hotel Upgrade Until Ethics Threat, Email Says
MSN – Bristow Marchant (The State) | Published: 11/2/2022
For more than a month, Lashonda McFadden, a member of the board of trustees for the Richland School District, resisted reimbursing the district $425 for upgrading a hotel room at a conference in Atlanta and a pet fee, according to an email sent by the James Manning, the board’s chairperson. Manning said McFadden asked for the money to be taken out of a taxpayer-funded travel account. The money was finally paid back after Manning told McFadden he would refer the matter to the state Ethics Commission.
South Dakota – Federal Court Rules SD Ballot Measure Law Curbs Free Speech
MSN – Stephen Groves (Associated Press) | Published: 11/1/2022
A federal appeals court upheld a lower court’s decision to block parts of a South Dakota law that would have required ballot petition workers to publicly disclose their personal identification information. The law passed in 2020 was just one attempt by lawmakers in recent years to add barriers to ballot measures, which have given progressive causes a chance at enactment in the politically red state. Steven Grasz wrote in an opinion for a three-judge panel of the Eighth Circuit Court of Appeals that being forced to disclose the information would be “chilling in today’s world” and the law would violate the First Amendment.
Tennessee – Shelby County Alters How It Selects an Ethics Officer, and What Complaints They Can Act On
Yahoo News – Katherine Burgess (Memphis Commercial Appeal) | Published: 10/31/2022
How the ethics officer of Shelby County is selected will change after a vote by commissioners. Now, the officer will be nominated by the county mayor with a concurrent resolution by the county commission. That ethics officer will no longer be able to act on anonymous complaints. Instead, they will be able to act only those that are “in writing and signed under oath by the person making the complaint.”
Tennessee – State Sen. Brian Kelsey Files Motion to Change Not Guilty Plea in Federal Campaign Finance Investigation
MSN – Adam Friedman (Tennessean) | Published: 10/28/2022
Lawyers for Tennessee Sen. Brian Kelsey filed a motion to change his plea of not guilty, indicating he may have reached an agreement with federal prosecutors in the campaign finance investigation into his failed 2016 campaign for the U.S. House. The motion comes nearly two weeks after Nashville club owner Joshua Smith pleaded guilty a spart of the probe. Smith’s guilty plea suggests he was cooperating with prosecutors ahead of a trial that is scheduled for January.
Texas – For Third Time This Year, AG Ken Paxton Fails to Disclose Campaign Donors as Required by Law
MSN – Taylor Goldenstein (Houston Chronicle) | Published: 11/1/2022
Texas Attorney General Ken Paxton has failed to file fundraising disclosure forms with complete lists of donors three times in the past year. Paxton has long had an antagonistic relationship with the Texas Ethics Commission, the agency that levies fines for violations such as late or incomplete reports. As of July, it had been almost three years since his office had sued candidates who have not paid their fines, though it is part of his job. He has also declined to represent the commission in court as his political allies seek to dismantle it with a lawsuit.
Vermont – ‘So Blatantly Illegal’: Liam Madden admits to funneling money through family to inflate campaign finance numbers
VTDigger.org – Sarah Mearhoff | Published: 10/28/2022
During a radio interview, Liam Madden, the Republican nominee in the open race for Vermont’s seat in the U.S. House, described in detail a self-funded scheme to inflate his campaign donations during the primary cycle to qualify for candidate debates. Madden claimed to have “drained” his wife’s business’s bank account and distributed roughly $25,000 amongst family members – including his toddler son – who then donated the money to his campaign. Madden said he is now recouping the money by collecting a salary from his campaign.
Washington DC – At-Large Councilmember Elissa Silverman Misspent Public Campaign Funds on Poll, Says Regulator
DCist – Martin Austermuhle | Published: 10/28/2022
The Office of Campaign Finance said District of Columbia Councilperson Elissa Silverman improperly used public campaign funds to pay for two targeted polls ahead of the June Democratic primary for a race in which she was not a candidate. In its ruling, which Silverman says she will appeal, the office ordered her to refund the city more than $6,000 for the cost of the polls. Silverman participates in the Fair Elections program, which matches small-dollar contributions with public funds.
October 28, 2022 •
News You Can Use Digest – October 28, 2022
National/Federal Bannon Gets 4 Months Jail Term for Defying Jan. 6 Committee Subpoena Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 10/21/2022 A judge sentenced longtime Donald Trump adviser Steve Bannon to four months in jail for defying […]
National/Federal
Bannon Gets 4 Months Jail Term for Defying Jan. 6 Committee Subpoena
Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 10/21/2022
A judge sentenced longtime Donald Trump adviser Steve Bannon to four months in jail for defying a subpoena from lawmakers investigating the attack on the Capitol by a pro-Trump mob. He will also pay a $6,500 fine. U.S. District Court Judge Carl Nichols said Bannon inappropriately defied the select committee on a matter of significant national interest, and even after roadblocks to his testimony had been removed. A jury convicted Bannon on two charges of contempt of Congress – one for refusing to testify to the January 6 select committee, another for refusing to provide relevant documents to the panel.
Big K Street Players Spend More as Election Uncertainty Brews
MSN – Kate Ackley (Roll Call) | Published: 10/21/2022
K Street’s 10 biggest spenders have shelled out a combined $238.3 million on federal lobbying so far this year, as the industry now gears up for brewing uncertainty when lawmakers return after the midterm elections. Business groups, led by the U.S. Chamber of Commerce, as well as health care, pharmaceutical, and technology interests, topped spending in the first three quarters of this year, as Congress moved climate, health, and tax legislation and a new law to boost domestic semiconductor manufacturing.
Head of UK Lobbying Watchdog Calls for Tougher Disclosure Rules
Guardian – Rowena Mason | Published: 10/26/2022
The head of the United Kingdom’s lobbying watchdog called for tougher disclosure rules to show which ministers have been solicited, as well as a review of exemptions to the rules. Harry Rich, who is in charge of the register of consultant lobbyists and their clients, is making suggestions for more transparent lobbying declarations in a submission to parliament’s public administration and constitutional affairs committee in his first public intervention on the subject since taking the job in 2018.
How Votes Are Cast and Counted Is Increasingly Decided in Courtrooms
MSN – Patrick Marley (Washington Post) | Published: 10/26/2022
Disputes over redistricting, voter IDs, voting hours, recounts, and other election-related policies have long run parallel to political campaigns, but the numbers are rising. The increase began after the U.S. Supreme Court decided the 2000 presidential election and the trend reached a high in 2020, when the coronavirus pandemic prompted a host of new voting rules. Election experts say courts have the power to clarify vague laws or policies and resolve key questions before ballots are cast, but many also contend the barrage of lawsuits increases the chances of last-minute rulings that can spur voter confusion.
Jan. 6 Panel Issues Subpoena to Trump, Demanding He Testify
MSN – Farnoush Amiri and Mary Clare Jalonick (Associated Press) | Published: 10/21/2022
The House committee investigating the attack on the U.S. Capitol issued its subpoena of Donald Trump, demanding testimony from the former president who lawmakers say “personally orchestrated” a multi-part effort to overturn the results of the 2020 election. The panel issued a letter to Trump’s lawyers saying he must testify, either at the Capitol or by videoconference, “beginning on or about” November 14 and continuing for multiple days if necessary. The letter also outlined a request for a series of corresponding documents, including personal communications between Trump and members of Congress as well as extremist groups.
Law Firms Eager for US Regulatory Clarity on Foreign Lobbying
Bloomberg Law – Ben Penn | Published: 10/26/2022
Carrying a maximum prison sentence of five years for willful offenders, the Foreign Agents Registration Act mandates public disclosures when individuals, companies, or nonprofits act on behalf of foreign interests. It contains exceptions that apply to attorneys, which have proven difficult to interpret for work at the border of legal representation and political advocacy. Those exemptions are now slated for a regulatory rewrite, with implications for lawyers, both those hoping to provide clarity to clients on whether they need to register and others concerned about their own need to file. The proposal is expected by the end of 2022.
Mar-a-Lago Classified Papers Held U.S. Secrets About Iran and China
MSN – Devlin Barrett (Washington Post) | Published: 10/21/2022
Some of the classified documents recovered by the FBI from Donald Trump’s Mar-a-Lago estate included highly sensitive intelligence regarding Iran and China, according to people familiar with the matter. If shared with others, the people said, such information could expose intelligence-gathering methods the U.S. wants to keep hidden from the world. The secret documents about Iran and China are considered among the most sensitive the FBI has recovered in its investigation of Trump and his aides for possible mishandling of classified information, obstruction, and destruction of government records, the people said.
Menendez Facing Another Federal Investigation
MSN – Matt Friedman (Politico) | Published: 10/26/2022
Sen. Bob Menendez is facing another federal ethics investigation. It was reported that the U.S. Attorney’s Office for the Southern District of New York is investigating Menendez five years after a jury deadlocked on corruption charges against him. Prosecutors at first announced plans to try Menendez again but backed off. The new investigation threatens to cloud Menendez’s expected reelection campaign in 2024.
Social Security Whistleblowers Say They Were Sidelined for Exposing Fines
Yahoo News – Lisa Rein (Washington Post) | Published: 10/25/2022
Joscelyn Funnié and Deborah Shaw, attorneys in the Social Security Administration’s inspector general’s office, were removed from their jobs and placed on paid leave after expressing concerns about large fines imposed on disabled and poor elderly people. They were eventually reinstated. But since returning to work under Inspector General Gail Ennis, they said they have been excluded from meaningful assignments, given tasks below their experience and abilities, and denied opportunities for advancement. Experts on whistleblowers describe the treatment as evidence of retaliation in a case that is the focus of three ongoing probes.
From the States and Municipalities
Arizona – A Retiree Served Food to the Homeless for Years. Then It Got Her Arrested.
MSN – Jonathan Edwards (Washington Post) | Published: 10/26/2022
Police often patrolled Community Park in Bullhead City, Arizona, so Norma Thornton ignored two officers when they pulled up in cruisers as she finished serving food to homeless people. When one of the officers said he was arresting her for violating the city’s new ordinance that outlawed people serving prepared food in public parks for “charitable purposes,” Thornton suspected a prank. Only when the officer put her in the back seat of his cruiser did reality set in. Thornton recently filed a lawsuit against Bullhead City, accusing the officers of violating her civil rights. She is asking a federal judge to declare the ordinance unconstitutional.
Arizona – Ariz. Democratic Governor Candidate Hobbs Reports Break-In at Campaign Office
MSN – Amy Wang (Washington Post) | Published: 10/27/2022
The campaign for Arizona Democratic gubernatorial candidate Katie Hobbs said its Phoenix office was broken into and police are investigating the incident. A spokesperson for Hobbs, Arizona’s secretary of state, implicitly blamed Hobbs’s Republican rival, Kari Lake, a charge Lake scoffed at as “absurd.” Phoenix police said unspecified items were taken, according to The Arizona Republic. In surveillance images obtained by the newspaper, a young man wearing shorts and a green T-shirt can be seen inside the building.
Arizona – Arizona Sheriff Steps Up Security Around Ballot Drop Boxes
MSN – Associated Press | Published: 10/25/2022
The sheriff in metropolitan Phoenix said he stepped up security around ballot drop boxes after a series of incidents involving people keeping watch on the boxes and taking video of voters after they were apparently inspired by lies about the 2020 election. Deputies responded recently when two masked people carrying guns and wearing bulletproof vests showed up at a drop box in Mesa, a Phoenix suburb. The secretary of state said her office has received six cases of potential voter intimidation to the state attorney general and the U.S. Department of Justice, as well as a threatening email sent to the state elections director.
Arkansas – Federal Judge Signs Off on Prosecution’s Motion to Dismiss Charges Against Gilbert Baker
Arkansas Democrat-Gazette – Dale Ellis | Published: 10/25/2022
A federal judge dismissed bribery and wire fraud charges against former Arkansas Sen. Gilbert Baker. Baker was indicted on one count each of conspiracy to commit bribery and bribery concerning programs receiving federal funds, and seven counts of honest services wire fraud. Prosecutors accused Baker of bribing former Faulkner County Circuit Court Judge Michael Maggio in 2013 as part of a scheme to get Maggio to lower a financial judgment against Greenbrier Nursing and Rehabilitation Center. A judge declared a mistrial when jurors acquitted Baker on the conspiracy count but could not reach a verdict on the remaining counts.
California – California Sets Up Age Requirement for Those Handling Political Campaign Bucks
Marin Independent Record – Gabriel Greschler (Bay Area News Group) | Published: 10/20/2022
The California Fair Political Practices Commission passed a rule prohibiting anyone under the age of 18 to be hired for a position that requires them to sign campaign finance documents under penalty of perjury. The change will mostly apply to a campaign’s treasurer but could affect other positions that involve financial decisions. Milpitas City Councilperson Anthony Phan was found to have hired his 14-year-old cousin as his treasurer during a bid for a council seat in 2016.
California – Ethics Reform Proposal Stalled Amid Endless Negotiations Between City, Union
San Francisco Examiner – Adam Shanks | Published: 10/19/2022
A proposal to reform San Francisco’s ethics laws has been stalled for months amid prolonged negotiations with the union that represents top city officials. The union says it needs time to study the proposal and its many ramifications, but the city’s Ethics Commission says it is simply dragging its feet on reform. The Municipal Executives Association has been exercising its right to weigh in on the proposal for nearly a year despite a push from the Ethics Commission, which authored the reforms, to put it before voters in the form of a ballot measure.
California – Ex-Anaheim Mayor Refuses to Publicly Disclose Emails Amid FBI Corruption Investigation
MSN – Nathan Fenno, Gabriel San Román, and Adam Elmahrek (Los Angeles Times) | Published: 10/25/2022
The criminal defense attorney for former Anaheim Mayor Harry Sidhu claimed Sidhu’s emails and text messages sent while in office about city business on private devices were no longer public because he has resigned and invoked his constitutional right against self-incrimination. Sidhu refusal to disclose the communications could obstruct a probe into a corruption scandal surrounding the sale of Angel Stadium. Public records experts say the refusal flouts California law and could encourage other government officials to use private accounts to conduct official business and avoid public scrutiny.
California – LA Councilwoman Raman Seeks Action on Lobbying Reforms
MSN – City News Service | Published: 10/25/2022
Los Angeles City Councilperson Nithya Raman filed a motion to have her colleagues adopt lobbying reforms presented by the city’s Ethics Commission but placed on the back burner by former council President Nury Martinez. The proposal seeks to make lobbying efforts more transparent and limit financial ties between lobbyists and city officials. The commission sent the council recommended updates to the Municipal Lobbying Ordinance in April, but Martinez never placed the report on the council’s agenda.
Colorado – Colorado Attorney General Phil Weiser Attends Lavish Event in Hawaii Paid for by Corporations He’s Suing
CBS News – Shaun Boyd | Published: 10/19/2022
The Attorney General Alliance, a group made up of 48 state attorneys general, a private club that corporations and lobbyist organizations pay tens of thousands of dollars to belong to. Their membership buys them access to lavish events where they can schmooze the top legal officers for state government, individuals who have sole discretion over whether to sue, settle, or investigate them. The alliance’s 2021 annual conference in Maui was sponsored by companies like Google, Juul, and Pfizer, all of which were being sued by states at the time.
Connecticut – Connecticut Port Authority Employee Fined for Ethics Violation
Yahoo News – Greg Smith (The Day) | Published: 10/24/2022
Connecticut Port Authority employee Andrew Lavigne was fined $750 and suspended for two days without pay for violating state ethics rules when he accepted hockey tickets from a company doing business with the quasi-public agency. The fine is the settlement reached with the Office of State Ethics, which determined Seabury Maritime had violated the state code of ethics for public officials in 2017 and 2019 when it provided gifts, meals, and overnight accommodations to port authority employees and two board members.
Delaware – State Auditor Kathy McGuiness Sentenced for Public Corruption Convictions
Yahoo News – Xerxes Wilson (News Journal) | Published: 10/19/2022
The only statewide-elected official in Delaware history to be accused and convicted of crimes while in office was spared prison time and resigned her office. Auditor Kathy McGuiness was sentenced to a year of probation, 500 hours of community service, and a $10,000 fine for her misdemeanor conflict-of-interest and official misconduct convictions, guilty verdicts that stemmed from hiring her daughter to work in the auditor’s office.
Florida – Florida Commission on Ethics Recommends Doug Underhill Be Removed from Office
Yahoo News – Jim Little (Pensacola News Journal) | Published: 10/21/2022
The Florida Commission on Ethics asked Gov. Ron DeSantis to remove Escambia County Commissioner Doug Underhill from office one month before the end of his term. The commission said Underhill be removed for disclosing a county “shade meeting” transcript before the litigation was officially concluded and be fined the maximum of $10,000. The commission also recommended Underhill be fined $6,250 for each of four additional ethics violations of gift disclosure laws and solicitation donations from a county vendor or lobbyist, bringing the total recommended fine to $35,000.
Florida – Tampa Lawmaker Files Lawsuit Against Campaign Manager, Alleging Sexual Harassment
Yahoo News – Kirby Wilson and Emily Mahoney (Tampa Bay Times) | Published: 10/24/2022
Florida Rep. Jackie Toledo is accusing her campaign manager, a well-known Republican communications strategist, of sexual harassment. Fred Piccolo sent “unwanted, unsolicited, inappropriate, and grossly offensive” text messages to her, according to a lawsuit. Toledo, who made an unsuccessful bid this year for a U.S. House seat, also accuses Piccolo of trying to get fired to earn a $100,000 termination payout. She is seeking at least $30,000 in damages.
Georgia – Abrams’ Campaign Chair Collected Millions in Legal Fees from Voting Rights Organization
Yahoo News – Brittany Gibson (Politico) | Published: 10/24/2022
The voting rights organization founded by Stacey Abrams spent more than $25 million over two years on legal fees, mostly on a single case, with the largest amount going to the self-described boutique law firm of the candidate’s campaign chairperson. Allegra Lawrence-Hardy, Abrams’ close friend who chaired her gubernatorial campaign both in 2018 and her current bid to unseat Georgia Gov. Brian Kemp, is one of two named partners in Lawrence & Bundy. Some questioned both the level of expenditures devoted to a single, largely unsuccessful legal action and that such a large payout went to the firm of Abrams’ friend.
Georgia – Supreme Court Puts Temporary Hold on Graham Grand Jury Election Testimony
MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 10/24/2022
Supreme Court Justice Clarence Thomas put a temporary hold on an order that U.S. Sen. Lindsey Graham appear before a Georgia grand jury investigating possible attempts by former President Trump and his allies to disrupt the state’s 2020 presidential election. A three-judge panel of the U.S. Court of Appeals for the 11th Circuit denied an attempt to block a subpoena from Fulton County District Attorney Fani Willis, in which Graham claimed a sitting senator is shielded from testifying in such investigations.
Georgia – Trump Chief of Staff Meadows Ordered to Testify Before Ga. Grand Jury
MSN – Amy Wang and Tom Hamburger (Washington Post) | Published: 10/26/2022
A judge ruled former Trump White House chief of staff Mark Meadows must testify before a Georgia grand jury investigating Republican efforts to reverse the 2020 presidential election results in the state. Meadows has helped promote Trump’s baseless claims that widespread voter fraud delivered the presidency to Joe Biden. In her petition seeking Meadows’s testimony, Fulton County District Attorney Fani Willis noted Meadows’s participation in a telephone call Trump made on January 2, 2021, to Georgia Secretary of State Brad Raffensperger asking him to “find” 11,780 votes that would enable him to defeat Biden in the state.
Illinois – Federal Oversight of Cook County Assessor’s Hiring to End; Supervision Tied to Decades-Old Shakman Patronage Lawsuit
MSN – A.D. Quig (Chicago Tribune) | Published: 10/25/2022
For years, federal courts have kept watch over the Cook County assessor’s office, making sure workers were not hired for their political connections, and that job descriptions were clear. That oversight will end on November 1. The so-called Shaman oversight is named for Michael Shakman, the man who first sued to end the practice of Democratic patronage, under which city and county jobs were filled by faithful party members, and firings or promotions were based on election-time efforts.
Illinois – Inside AT&T’s Alleged ‘Conspiracy’ to Bribe Powerbrokers at the Illinois Capitol
WBEZ – Jon Seidel (Chicago Sun-Times) and Dan Mihalopoulos | Published: 10/21/2022
For more than a decade, Brian Gray was AT&T’s top executive in Illinois for a critical area – dealing with politicians in a state known for its corruption. As the director of legislative affairs, he oversaw a stable of lobbyists, and in recent years he also headed the company’s PAC in Illinois. AT&T is cooperating authorities and promised to pay a $23 million fine admitting it used illegal means in efforts to win support for favorable legislation. Sources close to the investigation say the three employees referenced in the indictment are Gray and former company lobbyists Robert Barry and Stephen Selcke.
Maine – Ethics Panel Says Candidate, Outside Group Violated Campaign Finance Laws
Yahoo News – Randy Billings (Portland Press Herald) | Published: 10/26/2022
Maine’s ethics commission ruled in separate cases that a state Senate candidate and an out-of-state political group did not properly disclose the funding sources for campaign communications, a violation of the state’s campaign finance law. October 26 marked the first day that independent expenditures from outside groups need to be reported within 24 hours. Previously, such spending needed to be reported within 48 hours.
Massachusetts – Groups Sue to Put Super PAC Question on 2024 State Ballot
MSN – Steve LeBlanc (Associated Press) | Published: 10/24/2022
Groups pushing for a 2024 ballot question aimed at reining in the spending power of super PACs filed two lawsuits in Massachusetts that target a decision by the state attorney general’s office to block the question on the grounds it would infringe on First Amendment rights. The lawsuits argue in favor of the proposed question, which would change state law to limit contributions by individuals to independent expenditure political action committees to $5,000. Currently, super PACs can raise and spend unlimited funds from individuals as long as they do not directly coordinate with a candidate’s campaign.
Michigan – Michigan Jury Finds Three Men Guilty of Aiding Plot to Kidnap Governor
MSN – Tyler Clifford and Brendan O’Brien (Reuters) | Published: 10/26/2022
A jury found three men guilty of aiding a conspiracy to kidnap Michigan Gov. Gretchen Whitmer in 2020, a plot that prosecutors said grew out of hostility over restrictions she imposed during the COVID-19 pandemic. Joseph Morrison, his father-in-law, Pete Musico, and Paul Bellar were convicted of gang membership, firearm violations, and providing material support for terrorism. They could face up to 20 years in prison. State prosecutors argued the men assisted two others who were found guilty in federal court of kidnapping conspiracy. It stands as the most prominent case involving domestic terrorism and militias in years.
Missouri – State Ethics Board Fines Former Candidate for St. Louis County Executive
St. Louis Post-Dispatch – Kurt Erickson | Published: 10/25/2022
A one-time candidate for St. Louis County executive was fined more than $34,000 for campaign finance violations. According to the Missouri Ethics Commission, William Ray Jr. had multiple problems with two campaign accounts, one for him personally and another political committee called Fannie PAC. Among the violations were failures to report more than $11,450 in contributions and more than $9,400 in expenses.
New York – New Ethics Commissioner Attended Assemblyman’s Campaign Fundraiser
Albany Times Union – Chris Bragg | Published: 10/24/2022
Leonard Austin, who is serving as the vice chair of New York’s Commission on Ethics and Lobbying in Government, recently attended a campaign fundraiser for state Assemblyperson Charles Lavine. Austin’s wife donated to Lavine’s reelection bid. Under state law, ethics commission members are prohibited from contributing to any candidate for state-level office, including Assembly members. The law does not address this situation, where an ethics commissioner attends a fundraiser and their spouse makes a donation.
New York – Trump’s Business, Under Threat, Faces a Tough Test in Court
MSN – Ben Protess, William Rashbaum, and Jonah Bromwich (New York Times) | Published: 10/23/2022
The Trump Organization is on trial in Manhattan, where the district attorney’s office accused it of tax fraud and other crimes. Although Donald Trump himself was not indicted, he is synonymous with the company he ran for decades. This case centers on special perks doled out by the Trump Organization, which comprises more than 500 corporate entities. The company’s chief financial officer, Allen Weisselberg, pleaded guilty to conspiring to carry out the scheme and agreed to testify at the trial.
Ohio – 2 Conservatives Accused in Hoax Robocall Scheme Plead Guilty
MSN – Mark Gillispie (Associated Press) | Published: 10/25/2022
Two right-wing operatives pleaded guilty to single felony counts of telecommunications fraud for having placed thousands of false robocalls in Ohio that told people they could be arrested or be forced to receive vaccinations based on information they submitted in votes by mail. Jacob Wohl and Jack Burkman could each receive a year in prison when they are sentenced. The have a history of staging hoaxes and spreading false smears against Democrats and public officials.
Ohio – FirstEnergy Cuts Off Its ‘Dark Money’ Spigot in Ohio, Disclosures Show
Yahoo News – Jake Zuckerman (Cleveland Plain Dealer) | Published: 10/24/2022
Besides some nominal payments, FirstEnergy has cut off its contributions to Ohio-based nonprofit entities that spend outside money to support politicians. But the disclosures show FirstEnergy made about $130,000 in similar “dark money” payments to political firms in 2021 in New Jersey and West Virginia, where it also operates utilities. Since the initial arrests in the House Bill 6 scandal, candidates and party committees in Ohio have returned a combined $390,000 in contributions from the company’s state and federal PACs. Meanwhile, FirstEnergy keeps just one lobbyist on hand in the state compared to the 15 it retained in 2019.
Oregon – Portland City Auditor’s Office Issues Penalty Against Gonzalez’s Campaign
MSN – Michaela Bourgeoise (KOIN) | Published: 10/20/2022
Rene Gonzalez’s campaign for Portland City Council is facing another fine after an investigation into the campaign’s rented office and parking spaces revealed it accepted an unlawful in-kind contribution. The city auditor’s office said it issued a $5,520 civil penalty against the campaign for allegedly accepting six months of parking at a Portland office rented from Schnitzer Property Management.
Tennessee – Election Watchdog Disputes Harwell Claim That Shifting State Funds to Federal Campaign Was Legit
Tennessee Lookout – Sam Stockard | Published: 10/26/2022
Former Tennessee House Speaker Beth Harwell contends the transfer of money from her state PAC to a super PAC that supported her failed congressional bid this summer was legal. But a watchdog group that monitors potential campaign finance violations says Harwell’s actions are “outside the law,” which prohibits state election funds from being used for federal campaigns. Saurav Ghosh, director of federal campaign finance reform for the Campaign Legal Center, said his organization will consider filing a complaint with the FEC against the Harwell campaign.
Texas – Greg Abbott Ran as a Small-Government Conservative. But the Governor’s Office Now Has More Power Than Ever.
Texas Tribune – Marilyn Thompson (ProPublica) and Perla Trevizo | Published: 10/25/2022
Greg Abbott has consolidated power like no Texas governor in recent history, at times circumventing the Republican-controlled state Legislature and overriding local officials. Abbott’s executive measures have solidified his conservative base and dramatically raised his national profile. Lower courts have occasionally ruled against Abbott, but Texas’ all-Republican highest court has sided with the governor, dismissing many of the cases on procedural grounds. Other challenges to Abbott’s use of executive power are still pending. In no case have the governor’s actions been permanently halted.
Texas – Texas Agencies’ Plan to Monitor Harris County Elections Raises Concerns Among Observers
Houston Public Media – Adam Zuvanich | Published: 10/19/2022
The Texas secretary of state’s office, in a letter submitted days before the start of early voting for the 2022 midterm election, informed Harris County it will send a team of inspectors and election security trainers to observe and help administer the November 8 election in the state’s largest metropolitan area. Representatives of state Attorney General Ken Paxton, who is on the ballot, also will be present to “immediately respond to any legal issues” raised by the inspectors, poll watchers, and others.
Washington – Facebook Parent Company Fined $25M for WA Campaign Finance Violations
Seattle Times – David Gutman | Published: 10/26/2022
A judge fined Facebook parent company Meta nearly $25 million for repeatedly and intentionally violating Washington’s campaign finance law. King County Superior Court Judge Douglass North issued the maximum possible fine after finding the company had, between 2019 and 2021, violated a longstanding disclosure law 822 separate times. Each fine carried a penalty of $30,000. It is the largest campaign finance penalty ever issued in the U.S., state Attorney General Bob Ferguson’s office said.
Washington DC – Bowser Fires Official Who Took Job at insurer after Medicaid Procurement
MSN – Julie Zauzmer Weil and Michael Brice-Saddler (Washington Post) | Published: 10/26/2022
A week after the District of Columbia Council awarded multibillion-dollar contracts for insuring Medicaid patients to three companies seeming to end a years-long struggle to right the city’s Medicaid system after court and council fights, Mayor Muriel Bowser called for a new investigation related to the procurement process. Bowser fired the interim director of the Office of Policy and Legislative Affairs after he took a new job with the parent company of one of the insurers awarded the lucrative contract. Bowser referred him to the city’s ethics board and inspector general.
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