January 11, 2024 •
Thursday’s LobbyComply News Roundup
Campaign Finance Kansas: “New Wichita City Council Member Moves to Undo Ban on Corporate Political Donations” by Matthew Kelly (Wichita Eagle) for Yahoo News Kentucky: “Weddle Blames Beshear Fundraiser for Letting Him Make Illegal Political Contributions” by Tom Loftus for Kentucky Lantern Elections National: “Vocal […]
Campaign Finance
Kansas: “New Wichita City Council Member Moves to Undo Ban on Corporate Political Donations” by Matthew Kelly (Wichita Eagle) for Yahoo News
Kentucky: “Weddle Blames Beshear Fundraiser for Letting Him Make Illegal Political Contributions” by Tom Loftus for Kentucky Lantern
Elections
National: “Vocal Anti-Trump Candidate Chris Christie Exits Presidential Race with Hot Mic Moment” by Jeongyoon Han for NPR
Georgia: “Trump Claims Immunity from Prosecution in Georgia Election Case” by Holly Bailey (Washington Post) for MSN
National: “Democrats Set Ambitious Spending Plan for State Legislative Races” by Nick Corasaniti (New York Times) for DNyuz
Ethics
National: “Violent Political Threats Surge as 2024 Begins, Haunting American Democracy” by Sarah Ellison, Yvonne Wingett Sanchez, and Patrick Marley (Washington Post) for MSN
Legislative Issues
Minnesota: “All-Female City Council Marks a ‘Turning Point’ for a Twin City” by Remy Tumin (New York Times) for DNyuz
Wyoming: “New Rules Would Allow Ousting Wyoming Legislators Accused or Convicted of Felonies” by Leo Wolfson for Cowboy State Daily
Procurement
Louisiana: “Council Looks to Clean Up New Orleans’ Procurement Process Following Scathing IG Report” by David Jones (WVUE) for MSN
December 15, 2023 •
News You Can Use Digest – December 15, 2023
National/Federal Kevin McCarthy Uses PAC to Lavish Cash on High-End Resorts, Private Jets and Fine Dining MSN – Paul Pringle and Adam Elmahrek (Los Angeles Times) | Published: 12/7/2023 As her exits Congress two months after his historic ouster as House speaker, […]
National/Federal
Kevin McCarthy Uses PAC to Lavish Cash on High-End Resorts, Private Jets and Fine Dining
MSN – Paul Pringle and Adam Elmahrek (Los Angeles Times) | Published: 12/7/2023
As her exits Congress two months after his historic ouster as House speaker, political obituaries tout Kevin McCarthy’s skills as a prolific fundraiser on behalf of Republican candidates. Also setting him apart from other congressional leaders was his roughly decade-long pattern of using his Majority Committee PAC to spend lavishly on hotels, private jets, and fine dining establishments, according to a Los Angeles Times analysis. From 2012 through last June, McCarthy’s PAC shelled out more than $1 million on hotels, private air travel, and eateries.
Trump Gag Order Reinstated but Narrowed in Jan. 6 Case
MSN – Rachel Weiner (Washington Post) | Published: 12/8/2023
A federal appeals court narrowed an order limiting what Donald Trump can say about people involved in the criminal case alleging he tried to subvert the 2020 election results, saying he cannot talk about witnesses’ involvement or single out other individuals in ways likely to interfere with the case. U.S. District Court Judge Tanya Chutkan had prohibited him from “targeting” any individuals involved in the case involved in the case. The judges said “targeting” was too broad a prohibition on Trump and could be “chilling speech” unlikely to have any impact on the case.
House Ethics Committee Requests Interview with Witness in Gaetz Probe
MSN – Paula Reid and Annie Grayer (CNN) | Published: 12/7/2023
The House ethics committee reached out to at least one witness as part of its investigation into U.S. Rep. Matt Gaetz to schedule an interview in the coming weeks, the latest sign the once dormant probe remains open. The Justice Department in February informed Gaetz’s lawyers it would not bring criminal charges against the Florida Republican after a yearslong sex-trafficking investigation. Gaetz has repeatedly denied any wrongdoing.
Dictator-for-a-Day? Scholars Say Trump Can Do Damage Without Being One.
MSN – Sarah Ellison (Washington Post) | Published: 12/11/2023
For autocracy scholars and constitutional law experts, Donald Trump’s statements about being a dictator for a day if he is elected again raised alarms that he had thought carefully about how to consolidate the levers of power should he return to office in ways that eluded him in his first four years in the White House. Scholars say even without violating the letter of the law, Trump would have access to broad powers granted to him as chief of the executive branch. He does not need to become a dictator to subvert democracy, they say: he can simply use the tools of democracy to do so.
As Advertisers Flee Musk’s X, Democrats Splurge on Political Ads
MSN – Cristiano Lima and Aaron Schaffer (Washington Post) | Published: 12/11/2023
Advertisers are fleeing Elon Musk’s X amid rising concerns the social media site and its owner are amplifying antisemitic and hateful material. But an unlikely group of holdouts has continued to pump ad dollars into the embattled platform: Democrats running for office. Democrats have spent over a million dollars to run thousands of political ads on X since the platform lifted its ban on such messages earlier this year.
Supreme Court Will Consider Fast-Tracking Trump Appeal in D.C. Trial
MSN – Devlin Barrett, Perry Stein, Robert Barnes, and Rachel Weiner (Washington Post) | Published: 12/11/2023
The U.S. Supreme Court will consider special counsel Jack Smith’s request to fast-track consideration of Donald Trump’s claim he is immune from prosecution for alleged election obstruction in 2020, intensifying the legal jockeying over whether Trump’s criminal trial will stay on schedule for early next year. The response by the Supreme Court came hours after Smith’s office filed its request seeking to essentially leapfrog an appeals court process that Trump has already started but which could take months to resolve.
DeSantis’ Campaign and Allied Super PAC Face New Concerns About Legal Conflicts, AP Sources Say
MSN – Steve Peoples and Thomas Beaumont (Associated Press) | Published: 12/12/2023
As Florida Gov. Ron DeSantis works to project strength in the Republican presidential primaries and cut into Donald Trump’s huge lead, DeSantis’s expansive political machine is facing leadership challenges, stagnant polling numbers, and new concerns about potential legal conflicts. There has been concern in recent weeks among some within DeSantis’s operation that interactions between his campaign and his network of outside groups are blurring the lines of what is legally permissible.
Still Lacking Evidence, House GOP Votes to Formalize Biden Impeachment Inquiry
MSN – Jaqueline Alemany and Matt Viser (Washington Post) | Published: 12/13/2023
House Republicans voted to formally authorize an impeachment inquiry against President Biden to strengthen their oversight powers as GOP lawmakers continue to investigate the Biden family’s finances. The foundation of the impeachment inquiry rests on an unsubstantiated allegation that has become the linchpin of conspiracy theories and false claims regarding the Biden family’s purported corrupt and criminal conduct.
A ‘Black Hole’ Exists in State Lobbying Disclosures: Report
Yahoo News – Taylor Giorno (The Hill) | Published: 12/13/2023
A report commissioned by Public Citizen found 98 percent of S&P 500 companies do not provide their investors with state-specific data on lobbying activity. Since 2010, investors have filed 576 shareholder resolutions requesting more details on how much companies spend on lobbying activities and oversight of those activities, the report found. The only S&P 500 company that disclosed material risk connected to lobbying on its annual report to investors was FirstEnergy, which was wrapped up in a recent scandal that thrust this issue into the spotlight.
Supreme Court Will Review Scope of Obstruction Law That Trump Is Charged with Breaking
Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 12/13/2023
The U.S. Supreme Court agreed to take up a case that could derail hundreds of January 6 felony prosecutions and could also deal a blow to special counsel Jack Smith’s prosecution of Donald Trump. The case, arising from the prosecution of a defendant accused of pushing against police and inflaming a mob attempting to breach the Capitol, calls into question prosecutors’ handling of an Enron-era obstruction law to punish those who stormed Congress.
Kansas Republican Watkins, Ousted Amid Voter Fraud Charges, Returns to Congress as Lobbyist
Yahoo News – Daniel Desrochers (Kansas City Star) | Published: 12/11/2023
Former Rep. Steve Watkins is back in the U.S. Capitol, this time as a lobbyist. He waited more than two years after leaving office before registering as a lobbyist. Watkins entered a diversion agreement on three felony charges for voting in the wrong city council race in Topeka’s 2019 municipal election. A little less than a year after admitting guilt, Watkins registered a company called Huxley Rock LLC. Huxley Rock is a one-man firm. Watkins’ LinkedIn page says it specializes in business and political consulting.
From the States and Municipalities
Alaska – Alaska Campaign Watchdog Rules Anti-Ranked Choice Group Can Continue Gathering Signatures
Yahoo News – Iris Samuels (Anchorage Daily News) | Published: 12/7/2023
An anti-ranked choice voting ballot group will be allowed to continue operating with no immediate consequences for alleged campaign finance violations after a decision by the Alaska Public Offices Commission. The commission considered whether to expedite the adjudication of a complaint alleging the ballot group was helped by an Anchorage church, in violation of the law, as the group works to repeal Alaska’s voting system. By the time the commission rules on whether the law was violated, the group’s work will be done.
Arizona – Phoenix Approves Ethics Commission After 6 Years and on the Fourth Attempt
MSN – Sam Kmack (Arizona Republic) | Published: 12/13/2023
The Phoenix City Council approved the creation of ethics commission after spending six years trying and failing to convene the group, which will now independently investigate complaints of ethical violations against elected officials and other city leaders. Such groups exist in almost every other sizable city in the country, said Phoenix Mayor Kate Gallego. But since 2017, Phoenix has struggled to put the commission together thanks to consistent objections from officials on both sides of the isle.
Arizona – Arizona GOP Leaders Sued to Stop ‘Dark Money’ Transparency. A Judge Will Rule by Year’s End
Yahoo News – Mary Joe Pitzl (Arizona Republic) | Published: 12/13/2023
A judge said he will rule by December 29 in a case challenging the constitutionality of a voter-approved law on campaign finance transparency. Attorneys representing Republican legislative leaders are asking Maricopa County Superior Court Judge Timothy Ryan to issue a preliminary injunction to block the law. It requires disclosure of major donors to campaigns that until now has been able to mask their contributors by creating a class of nonprofit organizations that do not have to name their donors.
California – How Well Is Your Legislator Representing You?
CalMatters – Sameea Kamal | Published: 12/10/2023
Despite the hundreds of laws that legislators pass each year, many Californians are not always aware of what their representatives do, or how their decisions impact their lives. Their job description is modeled after what federal lawmakers do, in response to specific needs, or based on how legislators interpret the principles of representation. Given the lack of strict requirement, how do we measure how well a lawmaker is performing?
Colorado Public Radio – John Daley | Published: 12/13/2023
Denver updated its application for those who want to sit on one of the city’s 130 boards and commissions. The application now includes questions that ask applicants if they are a registered lobbyist and if they would have a conflict-of-interest in their new position. The change was a request from the city council to add transparency after some members thought there was not enough when the former mayor appointed a lobbyist whose clients included a tobacco company to the board of Denver Health.
Florida – DeSantis Staffers Blocked Release of Travel Records, Whistleblower Says
MSN – Beth Reinhard (Washington Post) | Published: 12/13/2023
During a meeting, Florida Department of Law Enforcement (FDLE) officials said some of Gov. Ron DeSantis’s travel records should be released, but the governor’s aides overruled them, citing a new state law that restricts access to those records. The dispute escalated into a major battle over the law limiting disclosure of DeSantis’s travel activities and information about his state taxpayer-funded security detail as he crisscrosses the country seeking the Republican presidential nomination. The FDLE is tasked with protecting and transporting the governor and maintaining his travel records.
Florida – A Report Rips Disney for Freebies to Its Local Board. It Omits Gifts to Top Florida Politicians.
NBC News – Noah Pransky and Alec Hernández | Published: 12/7/2023
A war of words – and regulations – escalated when a board, hand-picked by Florida Gov. Ron DeSantis, endorsed an audit alleging Disney World for decades used free park perks to improperly influence public officials and employees tasked with the oversight of the park. The audit claimed Disney gave complimentary annual passes and steep discounts to the public employees, calling the perks “akin to bribes.”
Florida – Howland Files Legislation for Certain No-Bid Contracts to Go Through Jacksonville City Council
Yahoo News – Hanna Holthaus (Florida Times-Union) | Published: 12/11/2023
New legislation could bring an end to no-bid lobbying contracts in Jacksonville city government. The city council’s finance committee criticized the $300,000 federal grant writing and lobbying contract to Langton Consulting, owned by Mayor Donna Deegan supporters, because the administration offered it directly without shopping for other bids. Committee Chairperson Nick Howland asked the administration to drop the contract and filed a bill to require all future state and federal lobbying and grant writing contracts to be approved by city council.
Georgia – Georgia Libertarians Fight Two-Party Campaign Finance Law at 11th Circuit
Courthouse News Service – Kayla Goggin | Published: 12/13/2023
An appeals court will decide whether to give the Libertarian Party of Georgia another chance at pursuing its challenge to a campaign finance law that allows some candidates to accept unlimited campaign contributions, a fundraising advantage the party says benefits Republican and Democratic hopefuls over third-party contenders. The lawsuit claims the act unfairly allows Republican and Democratic candidates to create special leadership committees to accept campaign contributions over the typical limits.
Georgia – Giuliani Could Pay Millions as Ga. Election Worker Defamation Trial Starts
MSN – Spencer Hsu and Rachel Weiner (Washington Post) | Published: 12/10/2023
Former Trump attorney Rudy Giuliani could be on the hook for up to $43.5 million in damages as a defamation lawsuit filed against him by two Georgia election workers goes to trial. The showdown between the financially strapped Giuliani and the two temporary poll workers he baselessly accused of ballot tampering in 2020 will highlight a major court battle over false claims that became central to former President Trump’s efforts to stay in power and is now at the heart of two criminal cases against him.
Illinois – Four Years Later, City Council Finally Poised to Extend Lobbyist Requirements to Nonprofits
Chicago Sun-Times – Fran Spielman | Published: 12/11/2023
Chicago is finally getting around to broadening the definition of registered lobbyists to include nonprofits, but only after softening the blow to avoid tying their hands with costly red tape. The city council’s Committee on Ethics and Government Oversight passed a revised ordinance that calls for Chicago to join New York, Los Angeles, San Francisco, and Philadelphia in requiring nonprofit lobbyists to register and file regular reports with the Board of Ethics.
Illinois – Board of Ethics Finds Probable Cause Four Lobbyists Improperly Donated to Johnson
MSN – A.D. Quig (Chicago Tribune) | Published: 12/13/2023
The Chicago Board of Ethics found two registered lobbyists appeared to violate an executive order by giving money to Mayor Brandon Johnson. The violations do not carry a penalty for the mayor but could mean those lobbyists lose their ability to work at City Hall. Former Mayor Rahm Emanuel in 2011 signed the orders barring donations from city contractors and lobbyists, which will remain in place until a future mayor rescinds them.
Iowa – Iowa Lawmaker Calls for Gov. Kim Reynolds to Remove Satanic Display from Capitol
MSN – Victoria Reyna-Rodriguez and Noelle Alviz-Gransee (Des Moines Register) | Published: 12/11/2023
A satanic display placed in the Iowa Capitol is unconstitutional, said Rep. Brad Sherman, who is calling on Gov. Kim Reynolds to order its removal. But other Republican legislators say they would oppose the government limiting freedom of speech in reaction to the display, which will be in place for a total of two weeks.
Maine – Anti-Super PAC Campaign Says They Have Enough Signatures to Get on the Maine Ballot
Maine Beacon – Dan Neuman | Published: 12/7/2023
A ballot campaign led by activist Lawrence Lessig to limit contributions to super PACs says it has collected enough signatures to qualify for the Maine ballot in 2024. Super PACs differ from traditional PACs in that they give corporations the ability to make unlimited contributions. Maine Citizens to End Super PACs, the group behind the ballot question, argues that if successful, the initiative would cap donations to super PACs at $5,000, all but eliminating their effectiveness.
Maine – Maine Media Groups, Utilities Challenge New Law on Foreign Spending on Referendums
Portland Press Herald – Rachel Ohm | Published: 12/12/2023
Maine’s two largest power companies and groups representing media outlets filed separate federal lawsuits challenging a state law passed by voters in November to ban foreign governments and affiliated organizations from spending money on state and local referendum campaigns. The measure is largely a response to foreign government spending in the referendum campaign two years ago over the future of a planned electricity corridor in western Maine.
Massachusetts – Brookline School Officials Violated Massachusetts Campaign Finance Laws by Sending Emails About Tax Increases
MSN – James Vaznis (Boston Globe) | Published: 12/9/2023
Tucked inside various newsletters to parents in Brookline last spring were appeals from school administrators to support property tax hikes at the ballot box for the school budget, accompanied by warnings about devastating cuts if the votes failed. Brookline officials got their way at the ballot box, but repeatedly broke the state’s campaign finance law by sending out the emails to influence the vote, according to an investigation by the Massachusetts Office of Campaign and Political Finance.
Michigan – Records: Michigan senator helped steer $25M Clare grant now under investigation
Bridge Michigan – Jonathan Oosting and Mike Wilkinson | Published: 12/13/2023
A state senator and a lobbyist intervened to help a former legislative staffer obtain a $25 million grant that is now under investigation by Michigan Attorney General Dana Nessel for possible prosecution. Records shed new light on how a no-bid contract was awarded to a nonprofit created and run by Dave Coker, who once worked for them-House Speaker Jason Wentworth. State Sen. Rick Outman acknowledged he phoned state health officials on behalf of the project, but maintained he had no idea that Coker would benefit.
Michigan – Whitmer Signs Bills Criminalizing Election Official Intimidation, Curbing AI in Campaigns
Detroit News – Beth LeBlanc | Published: 11/30/2023
Michigan Gov. Gretchen Whitmer signed nearly 20 bills that will create penalties for intimidating an election worker, solidify the process for presidential electors, change the way young people register to vote, and put restrictions on the use of artificial intelligence in campaign ads. Bill sponsors described the legislation as a way to button up state laws in the wake of controversy over the 2020 presidential election.
Michigan – Whitmer Signs Bills Implementing Proposal 1
MSN – Clara Hendrickson (Detroit Free Press) | Published: 12/9/2023
Michigan Gov. Gretchen Whitmer signed bills implementing requirements for top state officials and lawmakers to report information about their finances after voters approved a constitutional amendment mandating the disclosures. The bills go beyond Proposal 1, subjecting candidates for office to financial reporting requirements, for instance. But they do not go as far as some Democratic lawmakers and transparency advocates had hoped.
Nevada – Lombardo Spurned Ethics Commissioner’s Reapplication Ahead of Major Vote, Emails Show
Nevada Independent – Tabitha Mueller | Published: 12/13/2023
Days before a Nevada Commission on Ethics on a potential $1.6 million fine for using his sheriff’s badge and uniform during his 2022 campaign for governor, Gov. Joe Lombardo appointed two new members to the eight-member board, both of whom later voted against fining or censuring the governor. Emails indicate Lombardo made the new appointments despite a former Republican commissioner expressing interest in serving another term.
New Jersey – Judge Throws Out Suit That Tried to Block Changes to NJ Campaign Finance Law
Yahoo News – Ashley Balcerzak (Bergen Record) | Published: 12/11/2023
A state judge dismissed a lawsuit that the former leader of New Jersey’s campaign finance watchdog agency filed against Gov. Phil Murphy seeking to overturn a controversial new law revamping campaign finance rules. It was the second of two lawsuits filed by Jeff Brindle, the former executive director of the Election Law Enforcement Commission. The judge dismissed the case with prejudice, meaning Brindle cannot file the same lawsuit again.
New York – Hochul Vetoes Lobbying Loophole Bill After Chief Judge Battle
Albany Times Union – Joshua Solomon | Published: 12/10/2023
New York Gov. Kathy Hochul vetoed bipartisan legislation intended to close a loophole in lobbying laws that was exposed during a political battle over her initial, and failed, nomination of a new chief judge of the Court of Appeals. The efforts to influence the selection of the state’s top judge had centered on Hochul’s efforts to install Justice Hector LaSalle as the top jurist on the state’s highest court. The nomination triggered well-funded efforts to influence the Legislature’s decision on LaSalle’s appointment, revealing a gap in state law that allows unregistered lobbying in judicial nominations and other top state offices.
New York – New York High Court Allows State Democrats Chance to Alter Congressional Maps
MSN – Maegan Vazquez and Azi Paybarah (Washington Post) | Published: 12/12/2023
The New York State Court of Appeals granted Democrats who control the state Legislature a chance to approve a new set of congressional district lines, effectively throwing out a map that led to several Republican victories in 2022 House races. The ruling could be consequential in determining which party controls the House during the next Congress. In 2022, Republicans flipped four districts in New York, giving them a razor-thin majority in the House.
New York – Appeals Court Denies Trump’s ‘Presidential Immunity’ Argument in Defamation Lawsuit
MSN – Philip Marcelo (Associated Press) | Published: 12/13/2023
A federal appeals court ruled Donald Trump gave up his right to argue presidential immunity protects him from being held liable for statements he made in 2019 when he denied he raped advice columnist E. Jean Carroll. A three-judge panel upheld a lower court’s ruling that Trump had effectively waived the immunity defense by not raising it when Carroll first filed a defamation lawsuit against him four years ago.
Oklahoma – Okla. Ethics Commission Names New Executive Director
NonDoc – Michael McNutt | Published: 12/7/2023
Lee Anne Bruce Boone was named as the new executive director of the Oklahoma Ethics Commission. She will start her duties on January 4, succeeding Ashley Kemp. Commission Chairperson Jarred Brejcha said Boone’s leadership skills stood out among the 14 applicants for the post. All the applicants were from Oklahoma.
Oregon – ‘Thank God They Walked Out’: Oregon’s partisan divide highlights heightened animosity in statehouses
Yahoo News – Paul Demko (Politico) | Published: 12/13/2023
Ten Oregon Republican state senators may face the end of their legislative careers for a six-week legislative walkout aimed at thwarting what they see as a radical Democratic agenda. The lawmakers are banned from running for reelection for accumulating at least 10 unexcused absences during this year’s legislative session. It is arguably the most glaring example of how Washington’s toxic partisan culture is increasingly infecting statehouses across the country.
Pennsylvania – The Philly Ethics Board Dropped Its Case Against the ‘Super PAC’ That Backed Mayoral Candidate Jeff Brown
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 12/11/2023
The Philadelphia Board of Ethics dropped its lawsuit against the super PAC that supported Jeff Brown’s unsuccessful run for mayor, ending a legal saga that shook up the election and contributed to Brown’s fifth-place finish in the Democratic primary. The board announced it will instead focus on revising the campaign finance regulations that were at the center of the dispute.
Texas – Supreme Court Allows Texas Voting Map Challenged by Civil Rights Advocates
MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 12/12/2023
The U.S. Supreme Court allowed a local Texas election to go forward under a map that a lower court had found diluted the votes of Black and Latino residents. The order came in response to a challenge from civil rights advocates opposed to the voting districts in Galveston County. While the case involves the boundaries in just one locality, it could have broader implications for challenges to election maps and the protection of voting rights nationwide.
Washington – WA GOP Fights Secretary of State’s Effort to Track Election Misinformation
Seattle Times – Jim Brunner | Published: 12/11/2023
An effort by Washington Secretary of State Steve Hobbs to track and refute viral online misinformation about elections has prompted objections from the state Republican Party. The state GOP recently filed a formal complaint with the Executive Ethics Board, accusing Hobbs of violating the constitution and his oath of office by hiring a firm to scour social media for harmful “narratives and threats” about Washington elections officials and voting.
December 12, 2023 •
Tuesday’s LobbyComply News Roundup
Campaign Finance Massachusetts: “Brookline School Officials Violated Massachusetts Campaign Finance Laws by Sending Emails About Tax Increases” by James Vaznis (Boston Globe) for MSN Elections Michigan: “Whitmer Signs Bills Criminalizing Election Official Intimidation, Curbing AI in Campaigns” by Beth LeBlanc for Detroit News National: “As […]
November 17, 2023 •
News You Can Use Digest – November 17, 2023
National/Federal Trump Compares Political Opponents to ‘Vermin’ Who He Will ‘Root Out,’ Alarming Historians ABC News – Soo Rin Kim and Lalee Ibssa | Published: 11/13/2023 Donald Trump vowed to “root out” his political opponents, who he said “live like vermin” as […]
National/Federal
Trump Compares Political Opponents to ‘Vermin’ Who He Will ‘Root Out,’ Alarming Historians
ABC News – Soo Rin Kim and Lalee Ibssa | Published: 11/13/2023
Donald Trump vowed to “root out” his political opponents, who he said “live like vermin” as he warned supporters that America’s greatest threats come “from within” – extreme rhetoric that echoes the words of fascist dictators like Adolf Hitler and Benito Mussolini, experts said. A Trump campaign spokesperson dismissed the backlash to his speech, at a Veterans Day rally in New Hampshire, but some historians said the parallels were alarming.
Ex-Fundraiser for George Santos Pleads Guilty to Posing as Congressional Aide to Raise Campaign Cash
Associated Press News – Dave Collins | Published: 11/14/2023
A former fundraiser for U.S. Rep. George Santos pleaded guilty to a federal wire fraud charge, admitting he impersonated a high-ranking congressional aide while raising campaign money for Santos. Sam Miele was caught soliciting donations under the alias Dan Meyer, who was then chief of staff for Rep. Kevin McCarthy. Miele also acknowledged he committed access device fraud by charging credit cards without authorization to send money to the campaigns of Santos and other candidates, and for his own personal use, prosecutors said.
Democrats, No Longer Squeamish on Abortion, Lean into Searing Personal Ads
DNyuz – Rebecca Davis O’Brien and Nick Corasaniti (New York Times) | Published: 11/8/2023
Ads in the 2023 election campaign signaled a new tone in Democrats’ messaging on abortion rights, one that confronts head-on the consequences of strict anti-abortion laws. Historically, it has been Republicans who used dire warnings and shock value in advertising to make their case on the issue. But the U.S. Supreme Court’s ruling in Dobbs v. Jackson, despite being a resounding legal and policy victory for Republicans, has had the paradoxical effect of galvanizing long-held, broad public support for abortion rights.
Democrats Plan to Spend Millions to Weaken Republican Supermajorities
DNyuz – Nick Corasaniti (New York Times) | Published: 11/14/2023
Democrats are planning to spend millions of dollars next year on just a few state legislative elections in Kansas, North Carolina, Kentucky, and Wisconsin, states where they have little to no chance of winning control of a chamber. Democrats are pushing to break up Republican supermajorities in states with Democratic governors, effectively battling to win back the veto pen district by district. The political dissonance of having a governor of one party and a supermajority of an opposing party in the Legislature is one of the starkest effects of gerrymandering, revealing how parties cling to evaporating power.
How the Supreme Court Settled on an Ethics Code – and What It Left Out
MSN – Ann Marimow and Robert Barnes (Washington Post) | Published: 11/15/2023
Supreme Court justices stung by controversies over the court’s ethics pledged to follow a broad code of conduct promoting “integrity and impartiality,” but without a way to enforce its standards against those who fall short. The code contains broadly worded sections relating to outside relationships, recusal from cases that could bring financial gain to family members, the use of a justice’s staff, and limits on appearances at fundraisers for groups. But there is every sign that each word was carefully chosen.
Donald Trump Exempt from Campaign Finance Laws: FEC commissioner
MSN – Kate Plummer (Newsweek) | Published: 11/10/2023
FEC Commissioner Ellen Weintraub said Donald Trump has effectively been made exempt from campaign finance laws because her agency refuses to investigate him. In at least 28 instances, she said staff at the general’s counsel’s office determined a criminal investigation was warranted. But Weintraub added that her Republican colleagues put the former president in a “category by himself” by refusing to approve any of the recommendations against Trump.
MAGA-Dominated State Republican Parties Plagued by Infighting, Money Woes
MSN – Isaac Arnsdorf, Josh Dawsey, Yvonne Wingett Sanchez, Patrick Marley, and Amy Gardner (Washington Post) | Published: 11/13/2023
In the battleground states of Arizona, Georgia, and Michigan, election denial and grassroots fervor for former President Trump have rocked the Republican apparatus. Now, the state parties are plagued by infighting, struggling to raise money, and sometimes to cover legal costs stemming from Trump’s efforts to overturn his 2020 defeat, threatening to hamper GOP organizing capabilities in next year’s presidential election.
Tim Scott Suspends Struggling Presidential Primary Bid
MSN – Meryl Kornfield, Marianne LeVine, and Hannah Knowles (Washington Post) | Published: 11/13/2023
Sen. Tim Scott, the only Black Republican in the U.S. Senate, announced he was suspending his campaign for the GOP presidential nomination after months of struggling to gain ground in polling with an uplifting message that was out of step with today’s party. Scott did not endorse any other candidate, and he declined a suggestion that he might be a vice-presidential candidate.
‘Curveball Like No Other:’ Johnson’s rise has K Street trying to keep up
MSN – Caitlin Reilly (Roll Call) | Published: 11/13/2023
Rep. Mike Johnson’s unexpected rise to speaker of the House has left K Street scrambling as lobbyists try to establish inroads with the relatively unknown lawmaker and his staff. Johnson has been in Congress for less than seven years and lacks the deep bench of long-time, trusted aides and ex-staffers that K Street usually relies on to curry favor on Capitol Hill.
McCarthy Accused of Elbowing Lawmaker, While Fight Nearly Breaks Out in Senate
MSN – Azi Paybarah, Marianna Sotomayor, and Liz Goodwin (Washington Post) | Published: 11/14/2023
Rep. Tim Burchett accused Rep. Kevin McCarthy of elbowing him in the back as they passed each other in a crowded hallway. Burchett was one of eight Republicans who voted to oust McCarthy as House speaker. Sen. Markwayne Mullin brought a hearing to a standstill as he confronted one witness, stood up, and challenged him to a fistfight. Joanne Freeman, a history professor at Yale, said it was important for lawmakers to denounce belligerent behavior and threats, particularly when it comes from a member of their own party. “If no one speaks up it becomes representative of what that party stands for,” she said.
House Ethics Panel Examines Change to Expand Legal Expense Fund Coverage
MSN – Chris Marquette (Roll Call) | Published: 11/14/2023
The House ethics committee is considering whether to change rules about lawmaker legal expense funds to expand the pool of people who can use them to pay for their legal bills connected to a campaign or office. Rep. David Schweikert, who faced lawsuits related to his 2022 primary race, asked the committee to allow campaign staffers, vendors, and spouses draw from legal expense funds rather than having to use campaign funds.
DOJ Argues Steve Wynn Foreign Lobbying Suit Should Be Reinstated
Yahoo News – Sabrina Willmer (Bloomberg) | Published: 11/14/2023
A Justice Department attorney argued casino magnate Steve Wynn should have registered as a foreign agent when he alerted the Trump administration that China wanted to extradite a wealthy exile. A three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit heard arguments in the government’s appeal of a decision to toss civil claims against Wynn. District Court Judge James Boasberg had reasoned the Foreign Agent Registration Act only applies to ongoing violations and years had passed since Wynn was required to file a statement.
Prosecutors Urge Appeals Court to Reinstate Trump Gag Order
Yahoo News – Kyle Cheney (Politico) | Published: 11/14/2023
Donald Trump’s renewed attacks on the family of special counsel Jack Smith and his repeated invective against likely witnesses in his Washington, D.C. criminal case warrant the urgent restoration of a gag order against him, prosecutors argued. Smith’s team urged a federal appeals court to reinstate the gag order, which a three-judge panel suspended earlier in November amid Trump’s appeal of the restrictions imposed by U.S. District Court Judge Tanya Chutkan.
Exclusive: 5 Senate Banking Dems demand more details on corporate lobbying strategy
Yahoo News – Taylor Giorno (The Hill) | Published: 11/15/2023
Five Democrats who sit on the Senate Banking Committee urged the Securities and Exchange Commission to require companies to disclose more details on their corporate lobbying strategy to shareholders. Registered lobbyists are required to file quarterly disclosures that include the total spent on federal lobbying. But registrants are not required to disclose details including whether they lobbied for or against specific legislation or regulations, even as the lobbying activities of a company can carry reputational risks to its investors.
From the States and Municipalities
Alabama – Right-Wing Site’s Reporting on Mayor Raises Ethics Questions After His Death
MSN – Jonathan Edwards (Washington Post) | Published: 11/9/2023
Journalism professor A.J. Bauer felt uneasy when he opened an email newsletter from 1819 News. The Alabama-based website was promoting its story alleging that a small-town mayor who was also a pastor wore women’s clothing and makeup while posing online. Bauer had watched as some in the state grew increasingly hostile to those who do not adhere to traditional gender norms. The site later reporting that F.L. Copeland Jr., the mayor of Smiths Station and a pastor at First Baptist Church of Phenix City, had died by suicide.
Arizona – Rep. Leezah Sun’s Ethics Complaint Rebuttal Acknowledges Poor Behavior, Argues for No Punishment
Yahoo News – Ray Stern (Arizona Republic) | Published: 11/14/2023
An Arizona lawmaker’s rebuttal to an ethics complaint against her acknowledges some of her poor behavior and accuses a city official of potentially suffering from past “trauma” because he claimed she intimidated him. Rep. Leezah Sun faces potential expulsion from the House after being accused of making intimidating statements and interfering with a child custody case. Through her lawyer, she denied the allegations in a formal response to the complaint that charges Sun with violating the Legislature’s rule against “disorderly behavior.”
California – S.F. Mayoral Candidate’s Close Friend Was Charged in Corruption Probe. Will It Undermine His Campaign?
MSN – St. John Barned-Smith and J.D. Morris (San Francisco Chronicle) | Published: 11/13/2023
San Francisco Supervisor Ahsha Safaí, who is trying to unseat Mayor London Breed in the November 2024 election, has never hidden his close relationship with Siavash Tahbazof, the patriarch of a family with deep business ties across the city, or the developer;s relatives and business associates. That puts Safaí in an awkward position after Tahbazof and two others were charged with fraud by federal prosecutors.
California – Anaheim Officials to Publicly Post Online Who They Meet With
Voice of OC – Hosam Elattar | Published: 11/13/2023
Anaheim City Council members voted unanimously to implement a policy that will require them to proactively post their calendar online listing meetings with lobbyists, developers, union representatives, and residents starting in January 2024. The policy comes after sworn affidavits by FBI agents and a report by independent investigators concluded the same thing: Anaheim City Hall is essentially controlled by Disneyland resort interests and lobbyists. The new calendar policy is among a host of reform proposals city council members are expected to tackle this fall.
Delaware – Delaware Supreme Court Reviews Convictions of Ex-Auditor After Corruption Allegations
MSN – Randall Chase (Associated Press) | Published: 11/15/2023
The Delaware Supreme Court is weighing whether to overturn the unprecedented convictions of the state’s former auditor on public corruption charges. The court heard arguments in the case of Kathy McGuiness, who was convicted on misdemeanor charges of conflict-of-interest, official misconduct, and noncompliance with state procurement rules. The conflict-of-interest charge involved the hiring of McGuiness’s daughter as a part-time employee in the auditor’s office. McGuinness also was convicted of structuring payments to a consulting firm to avoid having to get them approved by the state Division of Accounting.
Delaware – How Hall-Long’s Refusal to Release Audit Findings Sparked Elections Reform Talks
Yahoo News – Amanda Fries (Delaware News Journal) | Published: 11/14/2023
Delaware law does not require Lt. Gov. Bethany Hall-Long to release the audit performed on her campaign finances, but watchdogs are hoping she will do so anyway in the interest of transparency. While Hall-Long has said the audit, and the campaign’s decision to openly acknowledge it, was an act of transparency, she continues to decline to release the audit itself, instead suggesting the amended campaign finance reports “fully convey” the audit’s results. The internal audit was launched shortly after Hall-Long announced her bid for governor, prompted by what she said were “reporting issues that require attention.”
Florida – Mayor Suarez’s Secret Side Gigs Included Advising Associates of Kremlin-Linked Oligarch
Yahoo News – Shirsho Dasgupta (Miami Herald) | Published: 11/14/2023
Miami Mayor Francis Suarez earned payments totaling six figures advising two financial firms run by close associates of a Russian oligarch, two of several side jobs he refused to reveal to the public until he ran for president, with its more rigorous disclosure requirements. As a part-time mayor, Suarez can accept private employment as he sees fit, as long as it does not overlap with his mayoral duties and the employers do not receive special city benefits in return. He has insisted he kept his private jobs and public duties separate, but until now had mostly refused to reveal the identities of those employers.
Florida – City Council Members Expand Oversight After Criticizing Lobbying Contract
Yahoo News – David Bauerlein (Florida Times-Union) | Published: 11/9/2023
Jacksonville City Council will be putting more attention on no-bid contracts by having the auditor’s office attend the meetings of the Procurement Division committees that vote on awards of city contracts for everything from construction to supplies to professional services. The council will also get reports every three months from the Procurement Division on all single-source awards during that time frame. The moves were in response to Mayor Donna Deegan hiring Langton Consulting in a $300,000 no-bid contract to perform federal lobbying and grant-writing.
Georgia – Ex-Trump Allies Detail Efforts to Overturn Election in Georgia Plea Videos
MSN – Amy Gardner and Holly Bailey (Washington Post) | Published: 11/13/2023
The defendants that accepted plea deals in the Georgia election interference case made recordings that were intended to lay out what they know and be used against the other defendants. Although some of the recordings were garbled, the portions of the four statements from lawyers Jenna Ellis, Kenneth Chesebro, and Sidney Powell, and Georgia bail bondsman Scott Hall, offered many previously undisclosed details about the effort by Trump and his allies to reverse his defeat.
Hawaii – Hawaii Ethics Panel to Push for More Disclosure of Lobbyists
Honolulu Civil Beat – Chad Blair | Published: 11/14/2023
Hawaii lawmakers in 2023 passed legislation that requires all state lawmakers to include in financial disclosures the names of lobbyists with whom they have a relationship. Now, the state Ethics Commission wants to revise the law so legislators who work for large employers and who know “or reasonably should know” who is on a lobbying list should also disclose those clients that meet the $5,000 threshold. The lobbying disclosure proposal was one of five tentatively approved by the commission for its legislative package for the 2024 legislative session.
Illinois – Brandon Johnson Wasn’t Supposed to Take Campaign Money from City Contractors, but He Did
Chicago Sun-Times – Robert Herguth and Tim Novak | Published: 11/9/2023
Chicago Mayor Brandon Johnson is not allowed to take campaign contributions from city contractors but has accepted them anyway. Christian Perry, Johnson’s political director, says taking the money was an “oversight” and it is being returned, about $46,500 in all. In some instances, it appears contractors were solicited for campaign cash by Johnson’s political fundraisers. His campaign aides thought it was all right to take money from city contractors as long as the amounts fell below a certain threshold. But the mayor was barred from taking any money from them after he was sworn in on May 15.
Illinois – Clout-Heavy Contractor Linked to Federal Investigations at City Hall and in the Suburbs
MSN – Jason Meisner, A.D. Quig, Sarah Freishtat, and Gregory Pratt (Chicago Tribune) | Published: 11/13/2023
James Bracken’s multifaceted businesses have garnered government contracts from across Cook County worth up to $250 million for demolition services, equipment rental, and materials. At the same time, Bracken and the businesses themselves have contributed nearly $375,000 over the past two decades to a wide array of local elected officials, including a half-dozen who have been charged or come under federal investigation. Now it is Bracken who finds himself embroiled in two separate federal criminal probes, both tied to his business enterprise.
Illinois – Ethics Board Finds Probable Cause Treasurer Melissa Conyears-Ervin Wrongfully Fired 2 Whistleblowers
Yahoo News – Gregory Pratt (Chicago Tribune) | Published: 11/14/2023
Chicago Treasurer Melissa Conyears-Ervin violated the ethics code by firing two top aides who alleged she repeatedly misused taxpayer resources and pressured public employees to help her political allies, according to a finding of probable cause by the city’s Board of Ethics. Over the coming months, Conyears-Ervin will have a chance to rebut the findings before the board issues a final ruling and potentially a fine.
Kentucky – Weddle’s Excess Giving to Beshear, Kentucky Democratic Party Under Investigation
Kentucky Lantern – Tom Loftus | Published: 11/10/2023
The Registry of Election Finance launched a civil investigation into the excess campaign contributions given by London Mayor Randall Weddle to the reelection campaign of Gov. Andy Beshear and the Kentucky Democratic Party. The action marks the first evidence that any public agency is investigating the bundles of more than $300,000 in donations to Beshear and the party. Registry Executive Director John Steffen said Weddle and his wife “may have violated” the state law that prohibits a person from giving excess donations to a candidate or political party by giving in the names of other persons.
Maryland – Ex-Baltimore Prosecutor Marilyn Mosby Guilty in Federal Perjury Trial
MSN – Dan Morse (Washington Post) | Published: 11/9/2023
Baltimore’s former top prosecutor, Marilyn Mosby, was convicted of two counts of perjury after she had been accused of lying about her finances to withdraw money from her city retirement account under a program designed to help people struggling financially during the coronavirus pandemic. Prosecutors said she falsely claimed to suffer from financial hardships to access $90,000 from retirement funds she later used to buy two homes in Florida. Mosby has denied wrongdoing, saying she did not defraud anyone.
Michigan – Judge Allows Trump on Michigan Primary Ballot as Critics Try to Bar Him
MSN – Patrick Marley (Washington Post) | Published: 11/14/2023
A judge ruled Donald Trump can appear on the primary ballot in Michigan, delivering the latest setback to those who contend Trump sparked an insurrection on January 6, 2021, and is barred from running for president again as a result. State Judge James Robert Redford wrote that courts do not have the authority to determine whether someone is eligible to run for office under Section 3 of the 14th Amendment. Redford also ruled Michigan Secretary of State Jocelyn Benson does not have the authority under state law to remove candidates from the ballot based on that provision.
Missouri – Rod Jetton’s Political Career Ended in Scandal. Now He’s Dean Plocher’s Chief of Staff
Missouri Independent – Jason Hancock | Published: 11/9/2023
Missouri House Speaker Dean Plocher’s new chief of staff is a former legislative leader whose political career was upended more than a decade ago by a federal bribery investigation and allegations of sexual assault. He is joining Plocher’s office as the speaker faces an ethics committee inquiry into allegations of misconduct and calls for him to resign from fellow Republicans.
Missouri – Missouri AG Bailey’s Office Quietly Removed ‘Public Corruption’ Complaint Form on Website
Yahoo News – Kacen Bayless (Kansas City Star) | Published: 11/16/2023
Missouri Attorney General Andrew Bailey’s office scrubbed from its website an online form that allowed residents to file complaints of public corruption against elected officials. An archive from May shows that the online form allowed users to issue complaints of criminal acts by public officials so long as the local police agency had a conflict-of-interest in investigating the matter. The decision has come under scrutiny in the wake of a series of scandals surrounding House Speaker Dean Plocher, who faces calls to resign after reports surfaced that he received government reimbursements for expenses paid for by his campaign.
Nebraska – A Boom of Ballot Initiatives Is Reshaping This State’s Democracy
MSN – Greg Jaffe (Washington Post) | Published: 11/15/2023
Today, Congress is so divided and ideologically polarized that it struggles to execute its most basic responsibilities. State Legislatures are often so dominated by a single party that the majority can push through its agenda with little regard for what most voters might prefer. In the two dozen states that allow citizen-sponsored referendums, Democrats and Republicans are turning to the ballot box to make law and in many cases overrule their elected officials. The initiatives have rolled across the country in waves in recent decades.
New Hampshire – New Hampshire Announces First-in-the-Nation Presidential Primary, Defying DNC
MSN – Azi Paybarah (Washington Post) | Published: 11/15/2023
New Hampshire Secretary of State David Scanlan set his state’s presidential primary for January 23, formalizing its defiance of the Democratic National Committee’s (DNC) reworked primary calendar, which aims to give voters in more racially diverse states an early voice in the nominating process. The DNC approved a plan this year to shuffle the order in which states would appear in its 2024 primary calendar. The plan calls for South Carolina to be the first primary state, followed by New Hampshire and Nevada a week later, then Michigan.
New York – FBI Seized Phones, iPad from New York Mayor Eric Adams in Escalation of Fundraising Investigation
ABC News – Jake Offenhartz (Associated Press) | Published: 11/10/2023
FBI agents seized phones and an iPad from New York City Mayor Eric Adams as part of an investigation into political fundraising during his 2021 campaign. The seizures happened as Adams was leaving a public event in Manhattan. A search warrant indicated authorities are examining whether the Adams campaign conspired with the Turkish government to receive donations from foreign sources, funneled through straw donors. The warrant also requested information about Adams’ use of the city’s public campaign finance program.
New York – Adams’ Compliance Lawyer Has Lobbied City Hall While Doing Work for His Campaign
MSN – Chris Sommerfeldt (New York Daily News) | Published: 11/10/2023
Vito Pitta, New York City Mayor Eric Adams’ longtime campaign compliance lawyer, has been getting paid by the campaign for consulting and legal services at the same time as his government relations firm has lobbied the mayor’s administration on behalf of a variety of private interests. There are no laws or regulations prohibiting the type of dual role Pitta has played but the situation raised conflict-of-interest concerns. Pitta is not the only Adams campaign adviser who has lobbied his administration in conjunction with working for him in a political capacity.
New York – New York’s Top Court Hears Democratic Attempt to Draw New Congressional Maps
Yahoo News – Bill Mahoney (Politico) | Published: 11/15/2023
New York’s top court heard oral arguments in a case that will determine whether the Democratic-dominated state Legislature will have another chance to draw maps for its 26-member congressional delegation. A Democratic victory in the Court of Appeals would let legislators make the lines for as many as seven Republican-held seats in New York friendlier to Democrats. The stakes are high: Democrats would have kept a majority in Congress in 2022 had they won five additional races.
Pennsylvania – Female Pa. Senators Want to Combat Sexual Harassment in Harrisburg, Following Scandal Involving a Top Aide to Gov. Josh Shapiro
MSN – Gillian McGoldrick (Philadelphia Inquirer) | Published: 11/14/2023
A bipartisan group of female state senators unveiled a package of legislation aimed at combatting sexual harassment at the Pennsylvania Capitol, following several high-profile allegations made against top officials this year, including state representative and a top aide to the governor. But the bills will not address some of the biggest priorities among victim advocates.
Pennsylvania – How a Lobbyist for Investment Contractors Ended Up Heading the Pa. Pension Board That Hires Them
MSN – Joseph DiStefano (Philadelphia Inquirer) | Published: 11/15/2023
Pennsylvania Gov. Josh Shapiro recently named Gregory Thall, a longtime government official who now works as a lobbyist, as chairperson of the $35 billion-asset State Employees Retirement System (SERS) pension plan. As a lobbyist for GSL Public Strategies Group, Thall disclosed a long list of the firm’s clients he registered to represent. They include Lubert-Adler Partners, which is one of more than 100 private money managers paid to invest public funds for SERS.
South Dakota – South Dakota Lawmakers Must List All Conflicts of Interest Ahead of Supreme Court Opinion
MSN – Annie Todd (Sioux Falls Argus Leader) | Published: 11/14/2023
South Dakota lawmakers will receive a letter asking them to list all possible conflicts-of-interest when it comes to their jobs outside of being legislators. Those responses will then be used in a brief that the South Dakota Supreme Court will examine while they make a decision regarding the broad nature of a constitutional provision banning lawmakers from having a either a direct or indirect conflict in state contracts during their terms and up to a year after they exit office.
West Virginia – Senate Democrat Joe Manchin Says He Will Not Seek Reelection
MSN – Liz Goodwin, Amy Wang, and Michael Scherer (Washington Post) | Published: 11/9/2023
U.S. Sen. Joe Manchin announced he would not seek reelection in 2024, setting back Democrats’ plans to hold onto their majority in 2024 and raising their fears he could get involved in the presidential race as a third-party candidate. Manchin had defied political gravity by holding onto his seat in the deeply red state of West Virginia but would have faced long odds against either Gov. Jim Justice or Rep. Alex Mooney, who are running in the Republican primary next year.
November 15, 2023 •
Wednesday’s LobbyComply News Roundup
Campaign Finance Delaware: “How Hall-Long’s Refusal to Release Audit Findings Sparked Elections Reform Talks” by Amanda Fries (Delaware News Journal) for Yahoo News National: “Ex-Fundraiser for George Santos Pleads Guilty to Posing as Congressional Aide to Raise Campaign Cash” by Dave Collins for Associated […]
November 13, 2023 •
Monday’s LobbyComply News Roundup
Campaign Finance National: “Donald Trump Exempt from Campaign Finance Laws: FEC commissioner” by Kate Plummer (Newsweek) for MSN Kentucky: “Weddle’s Excess Giving to Beshear, Kentucky Democratic Party Under Investigation” by Tom Loftus for Kentucky Lantern Elections National: “Democrats, No Longer Squeamish on Abortion, Lean into […]
Campaign Finance
National: “Donald Trump Exempt from Campaign Finance Laws: FEC commissioner” by Kate Plummer (Newsweek) for MSN
Kentucky: “Weddle’s Excess Giving to Beshear, Kentucky Democratic Party Under Investigation” by Tom Loftus for Kentucky Lantern
Elections
National: “Democrats, No Longer Squeamish on Abortion, Lean into Searing Personal Ads” by Rebecca Davis O’Brien and Nick Corasaniti (New York Times) for DNyuz
West Virginia: “Senate Democrat Joe Manchin Says He Will Not Seek Reelection” by Liz Goodwin, Amy Wang, and Michael Scherer (Washington Post) for MSN
Ethics
Alabama: “Right-Wing Site’s Reporting on Mayor Raises Ethics Questions After His Death” by Jonathan Edwards (Washington Post) for MSN
Maryland: “Ex-Baltimore Prosecutor Marilyn Mosby Guilty in Federal Perjury Trial” by Dan Morse (Washington Post) for MSN
Lobbying
New York: “Adams’ Compliance Lawyer Has Lobbied City Hall While Doing Work for His Campaign” by Chris Sommerfeldt (New York Daily News) for MSN
Procurement
Florida: “City Council Members Expand Oversight After Criticizing Lobbying Contract” by David Bauerlein (Florida Times-Union) for Yahoo News
November 10, 2023 •
News You Can Use Digest – November 10, 2023
National/Federal To Help 2024 Voters, Meta Says It Will Begin Labeling Political Ads That Use AI-Generated Imagery ABC News – David Klepper (Associated Press) | Published: 11/8/2023 Facebook and Instagram will require political ads running on their platforms to disclose if they […]
National/Federal
To Help 2024 Voters, Meta Says It Will Begin Labeling Political Ads That Use AI-Generated Imagery
ABC News – David Klepper (Associated Press) | Published: 11/8/2023
Facebook and Instagram will require political ads running on their platforms to disclose if they were created using artificial intelligence (AI). Under the new policy by Meta, labels acknowledging the use of AI will appear on users’ screens when they click on ads. The rule takes effect January 1 and will be applied worldwide. The development of new AI programs has made it easier to quickly generate lifelike audio.
Congress Urges Judiciary to Take Final Steps to Clamp Down on Amicus Brief Lobbying
Courthouse News Service – Benjamin Weiss | Published: 11/3/2023
Lawmakers who for years have demanded the federal judiciary prevent organizations from swaying judges by gaming a common court practice urged the U.S. Judicial Conference to wrap up proposed rulemaking that would serve as a major check on such activity. Members of Congress, particularly Democrats, have long raised concerns that lobbying groups and other organizations use coordinated groups of amicus briefs to push courts toward favorable rulings.
Federal Trial of Pelosi Attack Suspect Renews Focus on Political Violence
DNyuz – Tim Arango and Holly Secon (New York Times) | Published: 11/9/2023
David DePape lived a solitary life, worked carpentry jobs and was seemingly obsessed with right-wing conspiracy theories on the internet. Then in October 2022, police said, DePape, broke into Nancy Pelosi’s San Francisco home and bludgeoned her husband when she was still House speaker. The authorities said he told investigators he intended to take hostage Pelosi, long a subject of virulent attacks by right-wing leaders and pundits. DePape’s trial spotlights the online disinformation cycle that has been fed by conspiracy theorists, conservative activists, elected officials, and media outlets.
Democratic Plan to Subpoena Supreme Court Justices’ Allies Faces Pushback
MSN – Ann Marimow (Washington Post) | Published: 11/8/2023
Democrats in Congress have tried unsuccessfully to press the Supreme Court to strengthen its ethics rules following revelations that some justices accepted and did not report free luxury travel, real estate deals, and gifts from wealthy benefactors. The Senate Judiciary Committee plans to vote to subpoena two wealthy benefactors, along with a judicial activist who helped shape the court’s conservative supermajority. But the path to obtaining the information Democrats are seeking will be contentious.
Campaign Fundraisers Are Hitting High Notes at Taylor Swift and Beyoncé Concerts
MSN – Hailey Fuchs (Politico) | Published: 11/8/2023
In a twist on the meet-and-greet events that routinely dot the fundraiser party circuit, some members of Congress are shaking hands with donors and others at concert venues, in VIP boxes, or suites. Just as the Federal Reserve credits Taylor Swift’s Eras Tour for boosting the tourism industry and the overall economy, Swift and Beyoncé’s Renaissance World Tour have been a means for lawmakers to boost their own campaign coffers.
Trump and Media Want a Televised Trial in D.C. The U.S. Doesn’t.
MSN – Spencer Hsu and Tom Jackman (Washington Post) | Published: 11/4/2023
A coalition of news organizations asked U.S. District Court Judge Tanya Chutkan to make an exception to the rule barring cameras from federal courtrooms for Donald Trump’s election subversion case and permit the televising, recording, or same-day release of video and audio recordings of his trial. Federal courts have long prohibited cameras in the courtroom, wary of feeding what the Supreme Court called a “carnival atmosphere” of publicity that could intimidate witnesses, sway jurors, or deprive criminal defendants of their due process rights.
A Law That Helped End Slavery Is Now a Weapon to End Affirmative Action
MSN – Julian Mark (Washington Post) | Published: 11/6/2023
The Civil Rights Act of 1866, which established citizenship for newly emancipated slaves, has become central to the legal battle over what is fair and equal when it comes to race in the workplace. In recent years, and especially since the U.S. Supreme Court overturned race-conscious college admissions in June, the Reconstruction-era law has emerged as a critical tool for conservatives intent on dismantling race-specific programs that promote “diversity, equity and inclusion,” or DEI.
Trump Appointee Sentenced to Nearly 6 Years for Attacking Police on Jan. 6
MSN – Rachel Weiner and Spencer Hsu (Washington Post) | Published: 11/3/2023
A Trump appointee to the State Department who assaulted multiple police officers at the Capitol on January 6, 2021, was sentenced to nearly six years in prison by a fellow veteran of the administration. Judge Trevor McFadden said he was “disturbed” that Federico Klein considered it part of his “duties” to attend the rally that day and join the protesters at the Capitol agitating for lawmakers to throw the election to Donald Trump. Officers testified Klein was at the front of the violent mob for nearly two hours, first helping to break a police line and then joining a Battle against officers guarding a tunnel into the building.
Trump Belief That 2020 Election Was Stolen Is Not a Defense, DOJ Says
MSN – Rachel Weiner, Spencer Hsu,and Tom Jackman (Washington Post) | Published: 11/6/2023
Prosecutors said they plan to show at trial that Donald Trump lied repeatedly about the results of the 2020 election as part of a conspiracy to subvert the legitimate results. But they also said they do not need to prove whether Trump believed he lost the race. Legal experts have debated the importance of Trump’s state of mind in his federal election subversion case, with some arguing that to win a conviction the government must pin down the true beliefs of a politician who amassed a long record of making false or misleading claims while president.
AI Policy Yields a Goldmine for Lobbyists
Yahoo News – Hailey Fuchs and Brendan Bordelon (Politico) | Published: 11/4/2023
Lobbyists are rushing to sign up artificial intelligence (AI) companies as clients and K Street firms also are being enlisted by industries and interest groups that want help influencing AI policy. Groups as disparate as the NFL Players Association, Nike, Amazon, and the Mayo Clinic have enlisted help from firms to lobby on the matter. Some lobbyists compared the boom in business opportunities to the cryptocurrency policy debate. But AI has the potential to be even bigger.
Appeals Courts Temporarily Lifts Trump’s Gag Order as He Fights the Restrictions on His Speech
Yahoo News – Alanna Durkin Richer and Eric Tucker (Associated Press) | Published: 11/3/2023
A federal appeals court temporarily lifted a gag order on Donald Trump in his 2020 election interference case in Washington, the latest twist in the legal fight over the restrictions on the former president’s speech. The U.S. Court of Appeals for the District of Columbia Circuit decision puts a hold on the limited gag order to give the judges time to consider Trump’s request for a longer pause on the restrictions while his appeals play out.
From the States and Municipalities
Radio New Zealand – Guyon Espiner | Published: 11/6/2023
A public relations and lobbying firm was embedded at New Zealand’s Commerce Commission, working on highly sensitive areas of competition policy at the heart of an inflation crisis. Staff from the Wellington consultancy SenateSHJ worked in the physical offices of the competition watchdog and were given Commerce Commission email addresses and devices. While Senate lobbied for private sector clients, the commission did not pay it for lobbying, only for communications and media training. Documents showed Senate worked on commission projects in the energy sector, despite representing private sector energy clients.
Arizona – Two Groups Making New Bid to Hide Names of Donors in Political Races
Arizona Capitol Times – Howard Fischer (Capitol News Services) | Published: 11/7/2023
Attorney Scott Freeman acknowledges that Maricopa County Superior Court Judge Scott McCoy rejected his bid to void Proposition 211. The judge ruled in June there is nothing unconstitutional about the voter-approved measure designed to prohibit “dark money” in campaigns. McCoy said Freeman’s clients could seek an exemption. The judge noted that would require either group to show “reasonable probability that disclosure of its contributors’ names will subject them to threats, harassment, or reprisals from either government officials or private parties.”
Arizona – Arizona Rep. Leezah Sun Decries ‘False Statements’ as Court Grants Restraining Order Against Her
Yahoo News – Ray Stern (Arizona Republic) | Published: 11/3/2023
Democratic leaders in the Arizona House filed an ethics complaint against Rep. Leezah Sun, who allegedly harassed and made a death threat to employees with the city of Tolleson. Sun recently denied an allegation claiming that she said she would throw a Tolleson lobbyist off a balcony to “kill her.” The complaint alleges Sun made threats against officials with the city, interfered with a lawful court order, violated state custodial interference laws, and engaged in disorderly conduct.
California – Judge Finds Eastman Culpable for Ethics Breaches in 2020 Bid to Keep Trump in Power
MSN – Kyle Cheney (Politico) | Published: 11/3/2023
A California judge made a “preliminary finding” that attorney John Eastman breached professional ethics when he aided Donald Trump’s bid to overturn the 2020 election, a milestone in the proceedings over whether Eastman should lose his license to practice law. Now, state bar officials are preparing to present “aggravation” evidence aimed at justifying their call to strip Eastman, a veteran conservative attorney who once clerked for Supreme Court Justice Clarence Thomas, of his law license.
California – Oakland’s Conflict of Interest Tracking System Isn’t Working
Oaklandside – Eli Wolfe | Published: 11/7/2023
There are state and local laws in California that prohibit government workers from having conflicts-of-interest. Local governments like Oakland require city employees and elected officials to disclose their personal finances so the public can be sure there is no hidden agenda behind a decision. The Oakland Public Ethics Commission is supposed to act as a bulwark against public corruption, and it can investigate and fine officials who violate the law. But the commission is struggling to make use of the city’s most basic conflict-of-interest tool, a document called Form 700.
Delaware – Ethics Agency Says Delaware Officials Improperly Paid Employees to Care for Seized Farm Animals
MSN – Randall Chase (Associated Press) | Published: 11/6/2023
Delaware’s ethics agency determined the state agriculture secretary and one of his top deputies violated the law by entering into no-bid agreements with Department of Agriculture employees to care for farm animals seized by animal welfare officials. The Public Integrity Commission ruled Agriculture Secretary Michael Scuse improperly agreed to pay one of his employees more than $90,000 as part of a no-bid agreement to take care of a flock of poultry after almost 500 birds were seized in May.
Florida – Miami Commissioner’s Campaign Pays City Staffer’s Company $100k. It’s Legal
WLRN – Joshua Ceballos | Published: 11/6/2023
Miami Commissioner Manolo Reyes is facing a longshot opponent in this year’s race who spent only a few hundred of his own dollars on his campaign. Yet the Reyes campaign has spent more than $200,000, and steered more than half the money to a public relations company that is owned by the wife of his chief of staff. County ethics rules do not prohibit government employees from working on campaigns if they do not use government resources or time, but the payments to Reyes’ top employee constitute the highest spending in what appears to be a less than competitive race.
Illinois – Edward M. Burke, ‘Figurehead of the Old Regime,’ Faces Historic Corruption Trial
Chicago Sun-Times – Jon Seidel | Published: 11/6/2023
Edmund Burke, Chicago’s longest serving city council member, is on trial, charged with racketeering, bribery, and extortion. The case is the result of an aggressive probe into the same old-school Chicago-style politics through which Burke built his power, and which he personified for decades. If found guilty, Burke would be the fourth current or former member of the council to be convicted in federal court in five years.
Illinois – City Summons Reporter to Court After He Asked Too Many Questions
DNyuz – Rebecca Carballo (New York Times) | Published: 11/6/2023
Officials in a Chicago suburb issued citations to a local news reporter after he persistently contacted elected officials about a flooding issue. The Daily Southtown published an article by Hank Sanders about consultants informing officials in Calumet City that storm water facilities were in “poor condition” before a recent flood swept through the community. Sanders continued to inquire about flooding issues after the article was published. His calls and emails drew complaints from Calumet City officials, including Mayor Thaddeus Jones, who is also a state representative.
Indiana – Indiana AG’s Remarks About Abortion Doctor Amount to Misconduct, Court Finds
MSN – Maria Luisa Paúl (Washington Post) | Published: 11/3/2023
Shortly after Roe v. Wade was overturned last year, Indiana Attorney General Todd Rokita accused a doctor who had helped a 10-year-old rape victim from Ohio terminate her pregnancy of being an “abortion activist” with “a history of failing to report” similar procedures to state officials. Those comments, which Rokita made about Caitlin Bernard during an appearance on Fox News, amounted to “attorney misconduct,” the Indiana Supreme Court ruled.
Kansas – Kansas Officials Downplayed Involvement in Marion Raid. Here’s What They Knew.
Kansas Reflector – Sherman Smith | Published: 11/6/2023
Marion Police Chief Gideon Cody enlisted the support of local and state law enforcement officials in the days before he led raids on the local newspaper office, the publisher’s home, and the home of a city council member. The Bureau of Investigation, Department of Revenue, Marion County Sheriff’s Office, and the Office of the State Fire Marshal, along with the county attorney and a magistrate judge, were complicit in the raid or knew it was imminent. But in the days that followed, they largely downplayed their involvement.
Kentucky – Democrat Andy Beshear Wins Reelection for Governor in Kentucky
MSN – Hannah Knowles and Dylan Wells (Washington Post) | Published: 11/7/2023
Democrat Andy Beshear defeated his Republican opponent Daniel Cameron to win reelection as Kentucky’s governor, securing a stark victory in a state Donald Trump won by 26 points. The results are a stark blow to Trump and Senate Minority Leader Mitch McConnell, both of whom endorsed Cameron, the state attorney general who tried to nationalize the race and remind voters of their party lines. He and his allies promoted an endorsement from Trump and attacked Beshear as a Joe Biden ally who clashed with Republicans on culture war issues.
Louisiana – New Orleans Employees May Have Violated State Laws with ‘Smart City’ Contract, Report Says
NOLA.com – Joseph Cranney | Published: 11/8/2023
Two city employees should not have participated in last year’s controversial selection of a public wi-fi contract and may have violated state ethics laws by not disclosing their ties to the winning bidder the New Orleans Office of Inspector General (OIG) said in a report. The OIG largely backed the conclusions of an earlier investigation by two outside firms hired by the city council, though neither probe found evidence of self-dealing. The state ethics board also cleared the employees, IT staffer Christopher Wolff and former Utilities Director Jonathan Rhodes, of any violations.
Louisiana – Decimated by Division, Louisiana Democrats Lost Before Balloting
Yahoo News – Emily Cochrane (New York Times) | Published: 11/4/2023
Before a ballot was cast, Louisiana Democrats knew they could not win control of the state Legislature this year. It was mathematically impossible because a lack of candidates meant they were not even contesting the majority of districts. Their best hope for political success was that Shawn Wilson would force a runoff against Jeff Landry, the state attorney general, in an open primary for governor. But when Landry won a majority of the primary vote, eliminating the need for a runoff, the results instead laid bare the bleak conditions of a state Democratic Party decimated by internal divisions, paltry fundraising, totals, and a disenchanted voter base.
Maine – Voters Pass Ban on Foreign Spending on Referendum Campaigns
Portland Press Herald – Randy Billings | Published: 11/7/2023
Maine voters approved a referendum to ban foreign governments and affiliated organizations from spending money on state and local referendum campaigns. Federal and state election laws already prohibit foreign nationals from contributing to candidates seeking office in Maine, but they do not ban foreign governments or entities from spending money to influence state and local referendums or elections.
Michigan – Divided House Passes Highly Debated Transparency Bills in Wee Hours of Morning
Detroit News – Beth LeBlanc | Published: 11/9/2023
The Michigan House approved financial disclosure requirements that opponents argued violated the spirit of the voter-mandated transparency reforms. The legislation would require annual financial disclosures of several statewide elected officials and lawmakers starting in April, meeting the requirements of the ballot measure approved a year ago. But the bills neglected to require similar disclosures from an official’s spouse and failed to close long-acknowledged loopholes in Michigan’s transparency laws.
Michigan – Detroit Enacts Ethics Reforms Following Free Press Investigation
MSN – Dave Boucher (Detroit Free Press) | Published: 11/8/2023
Detroit board members who set salaries for the mayor and other elected leaders are among many public officials who must now file new ethics disclosures in light of a Detroit Free Press investigation. Each member of the Elected Officials Compensation Commission – along with mayoral appointees on boards that oversee police, the water department, and other entities – will need to file new disclosures early next year.
Minnesota – Trump Can Appear on 2024 Primary Ballot in Minnesota, State Supreme Court Rules
MSN – Patrick Marley (Washington Post) | Published: 11/8/2023
The Minnesota Supreme Court ruled Donald Trump can appear on the primary ballot next year but left open the possibility he could be struck from the general election ballot because of the attack on the U.S. Capitol. The Minnesota case is one of several interlocking challenges that argue Trump cannot serve again under Section 3 of the U.S. Constitution’s 14th Amendment, which bars insurrectionists from holding office.
Missouri – Phelps County Judge Rules Missouri City Tried to ‘Intimidate’ Woman with Ban on City Hall Visits
Missouri Independemt – Rudi Keller | Published: 11/8/2023
A small Missouri town’s attempt to “intimidate and silence” a critic violated both her First Amendment rights and the state’s Sunshine Law, a judge ruled. Edgar Springs, a town of 200 in Phelps County, must pay a nominal fine of $150 to Rebecca Varney for banning her from City Hall for four years, and for holding several closed meetings with business that should have been conducted in public, Judge John Beger decided.
New York – Grievances, Insults, Tangents: Trump brings his 2024 campaign into the courtroom
MSN – Marianne LeVine (Washington Post) | Published: 11/6/2023
Donald Trump portrayed himself as the victim of “election interference” and a “political witch hunt.” He decried the “weaponization” of a judicial system he alleges, without evidence, is unfairly targeting him. But the former president was not speaking at a campaign rally. Instead, he was inside a courtroom. New York Attorney General Letitia James was alleging he and his company falsely inflated property values to gain lending advantages, and Trump was on the witness stand.
New York – FBI Raids Home of NYC Mayor Eric Adams’ Top Campaign Fundraiser as Part of Federal Corruption Probe
MSN – Chris Sommerfeldt, Thomas Tracy, and Michael Gartland (New York Daily News) | Published: 11/3/2023
FBI agents raided the home of Brianna Suggs, the manager of New York City Mayor Eric Adams’ campaign fundraising operation who has claimed credit for collecting more than $19 million for his political efforts over the years. The raid is part of a federal public corruption investigation into whether Adams’ 2021 campaign conspired with the Turkish government and a Brooklyn construction firm to funnel foreign money into the campaign’s coffers via straw donors.
North Carolina – In Earls Investigation, Federal Judge Wrangles with Key Question: How political can NC Supreme Court justices get?
WRAL – Will Doran | Published: 11/2/2023
North Carolina Supreme Court Justice Anita Earls is suing the state’s Judicial Standards Commission to stop an ethics investigation targeting her for critiques she made about racial, gender, and political biases at the state’s highest court. She says it is a violation of her First Amendment rights, and little more than an attempt to intimidate her into silence. The commission says judges are banned from making comments that might make people lose faith in the integrity of the judicial system. U.S. District Court Judge William O’Steen will decide whether to shut down the investigation.
Ohio – Ohio Voters Guarantee Abortion Rights 16 Months after U.S. Supreme Court Strikes Roe
MSN – Laura Hancock and Andrew Tobias (Cleveland Plain Dealer) | Published: 11/7/2023
Ohio voters passed a state constitutional amendment guaranteeing abortion rights and became the seventh state to side with reproductive rights since the U.S. Supreme Court overturned Roe v. Wade. Republican leaders in the General Assembly scheduled an August special election intended to thwart the abortion rights amendment by requiring all future constitutional amendments pass with a supermajority at the ballot box. That was defeated and Ohio’s abortion rights amendment only needed to pass with a simple majority.
Ohio – LaRose Uses State Newsletter to Promote Senate Campaign
Ohio Capital Journal – Marty Schladen | Published: 10/30/2023
Frustrated former employees told the press that in their office “everything revolved around” Ohio Secretary of State Frank LaRose’s run for U.S. Senate. Now, LaRose appears to be using the taxpayer-funded office’s newsletter in that campaign. As a state official, LaRose is not supposed to use state resources in his political campaigns. As secretary of state, it is important that he wall off politics from his official duties because LaRose administers elections, including those in which he is running.
Pennsylvania – Democrat Cherelle Parker Will Become Philadelphia’s First Female Mayor
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 11/7/2023
Democrat Cherelle Parker defeated Republican David Oh to become the 100th mayor of Philadelphia. She will be the first woman to hold the office when her four-year term begins in January. A former state representative and city council majority leader, Parker coasted to victory in the general election with a compelling personal story, a tough-on-crime platform, and strong backing from the Democratic establishment and organized labor.
South Dakota – South Dakota Governor Asks State Supreme Court About Conflict of Interest After Lawmaker Resigns
ABC News – Associated Press | Published: 11/3/2023
South Dakota Gov. Kristi Noem requested guidance from the state Supreme Court about conflict-of-interest rules for lawmakers, several weeks after a lawmaker resigned and agreed to repay $500,000 in federal COVID-19 relief she received for her day care business. Jessica Castleberry was a senator when she received the stimulus funding. Doing so violated a state Supreme Court advisory warning lawmakers it is unconstitutional for them to accept federal pandemic funding.
MSN – Leia Larsen (Salt Lake City Tribune) | Published: 11/8/2023
The private company behind a plan to dredge Utah Lake and turn it into an island city sued a leading critic, ecology professor Ben Abbott, for defamation. Abbott countersued, alleging the company was trying to stifle public debate about the proposal. Then, months later, Abbott found out his grant for a $500,000 watershed study funded by the Legislature had been canceled. “We were totally taken by surprise,” said Abbott, who teaches at Brigham Young University. “… I thought, ‘Does this have something to do with the islands situation?'”
Virginia – Virginia Democrats Projected to Sweep General Assembly, Dealing Blow to GOP
MSN – Gregory Schneider and Laura Vozzella (Washington Post) | Published: 11/7/2023
Virginia voters rejected Republican Gov. Glenn Youngkin’s costly efforts to take control of the Virginia General Assembly in the November 7 elections, flipping the House of Delegates to Democratic control and preserving a blue majority in the state Senate that can block his conservative agenda. Youngkin raised record sums of money and spent personal political capital pushing for full GOP control of both chambers. Whether Virginians rewarded or resisted Youngkin’s campaign was considered an indicator of voter attitudes ahead of next year’s presidential election.
Washington – The Financing of 6 Proposed WA Ballot Initiatives Is Being Investigated by the State PDC
Yahoo News – Shauna Sowersby (The Olympian) | Published: 11/7/2023
Six controversial ballot initiatives that are still in the signature-gathering process are under formal investigation by the Washington Public Disclosure Commission (PDC). The six initiatives are the efforts of Let’s Go Washington and sponsored by Brian Heywood, a Republican donor. Two allegations are listed on the PDC website, one for failing to accurately file reports that reflect “in-kind contribution details for the expenditures made, and which initiatives were supported” and the other for “failing to properly disclose the identity of a vendor for some of the in-kind contributions received from Brian Heywood.”
October 27, 2023 •
News You Can Use Digest – October 27, 2023
National/Federal Meadows Granted Immunity, Tells Smith He Warned Trump About 2020 Claims: Sources ABC News – Katherine Faulders, Mike Levine, and Alexander Mallin | Published: 10/24/2023 Former President Trump’s final chief of staff in the White House, Mark Meadows, has spoken with […]
National/Federal
Meadows Granted Immunity, Tells Smith He Warned Trump About 2020 Claims: Sources
ABC News – Katherine Faulders, Mike Levine, and Alexander Mallin | Published: 10/24/2023
Former President Trump’s final chief of staff in the White House, Mark Meadows, has spoken with special counsel Jack Smith’s team at least three times this year, including once before a federal grand jury, which came only after Smith granted Meadows immunity to testify under oath, according to sources familiar with the matter. The sources said Meadows informed Smith’s team that he repeatedly told Trump in the weeks after the 2020 presidential election that the allegations of significant voting fraud coming to them were baseless.
An Unsanctioned Coterie of Pro-Israel Quasi-Lobbyists Has Descended on D.C.
MSN – Hailey Fuchs and Caitlin Oprysko (Politico) | Published: 10/22/2023
An ad hoc group of donors, activists, and allies have moved swiftly to help Israel. They have leveraged their political clout, their relationships with lawmakers, and their fundraising networks to do so. Their goal is to shape how elected officials in the U.S. react to the crisis. But their work also underscores how much of the political fight around the nascent war is being done on the fly; and how much is being waged in unconventional theaters: college campuses, corporate boardrooms, K Street offices. and Capitol Hill restaurants.
New House Speaker Mike Johnson Faces Herculean Task of Uniting Republicans
MSN – Marianna Sotomayor, Amy Wang, Leigh Ann Caldwell, Theodoric Meyer, and Jacqueline Alemany (Washington Post) | Published: 10/25/2023
Rep. Mike Johnson, a lesser-known conservative who has been a devoted follower of former President Trump was elected as speaker of the House, reopening the chamber for legislative business after a 21-day paralysis because the fractious Republican conference could not coalesce around a single nominee. Johnson now faces the herculean task of uniting a deeply ideologically fractured conference that is tasked with averting a government shutdown in less than a month, sending supplemental aid to Israel and other foreign countries, and passing reauthorization bills before the end of the year.
Special Counsel Urges Judge to Crack Down Further on Trump’s Comments
MSN – Devlin Barrett (Washington Post) | Published: 10/25/2023
Special counsel Jack Smith argued that recent comments by Donald Trump show not only that a federal gag order should be reimposed, but the court should weigh stricter sanctions, including sending him to jail, if he keeps talking about witnesses in his case. The filing was one of four made by the special counsel’s office on a range of legal issues in preparation for Trump’s planned trial on charges he conspired to obstruct Joe Biden’s electoral victory. Trump’s public statements attacking prosecutors, court personnel, and others have raised alarms among judges who worry such broadsides might inspire someone to commit violence.
Clarence Thomas’s RV Loan Was Forgiven, Senate Committee Report Says
MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 10/25/2023
Senate Finance Committee Chairperson Ron Wyden called on Supreme Court Justice Clarence Thomas to tell the panel whether he declared more than $250,000 of loan forgiveness on his tax filings. Wyden released a report that details a loan Thomas received from a friend, Anthony Welters, to buy a luxury Prevost Marathon motor coach in 1999. The report said Thomas made some interest payments on the $267,230 loan, but it was declared settled by Welters in 2008 without Thomas repaying a substantial portion, or perhaps any, of the principal.
Congressman Charged with Pulling False Fire Alarm in House Building
MSN – Peter Hermann and Clarence Williams (Washington Post) | Published: 10/25/2023
Rep. Jamaal Bowman was criminally charged with pulling a false fire alarm that forced the evacuation of the Cannon House Office Building as lawmakers scrambled to avert a government shutdown. Bowman was charged in a judicial summons, meaning he was not arrested. In an affidavit filed in court, authorities allege Bowman tried to open an emergency door and, when that failed, pulled a fire alarm and walked away and did not report his actions to police.
Elon Musk’s X Removes New York Times’ Verification Badge
MSN – Drew Harwell (Washington Post) | Published: 10/19/2023
The social media platform X, formerly known as Twitter, removed the gold “verified” badge from the New York Times’ account amid ongoing complaints about the news organization from X owner Elon Musk. The badge was the only symbol distinguishing the Times’ 55-million-follower account from impostors amid two major global conflicts in Israel and Ukraine. The move further extends Musk’s attempts to use the social media company he bought with claims of defending free speech to undercut news organizations he dislikes.
Lawsuit Aims to Slam Shut Loophole That Lets Political Parties Skirt Campaign Finance Law
MSN – Kathleen Culliton (Raw Story) | Published: 10/23/2023
A loophole that allows political parties to bypass campaign finance limits now faces a new legal challenge from watchdog groups in Washington D.C. The Campaign Legal Center and OpenSecrets filed a lawsuit against the FEC, which they hope will create new disclosure rules for national political party committee accounts. The loophole links back to the 2014 “Cromnibus” and an amendment to the Federal Election Campaign Act that allows parties to draw funds from “special purpose accounts,” according to the complaint.
Trump Files New Challenges to Federal Election Obstruction Case in D.C.
MSN – Spencer Hsu and Perry Stein (Washington Post) | Published: 10/24/2023
Donald Trump launched a multipronged legal attack on his federal prosecution for allegedly subverting the results of the 2020 election, saying his actions were protected by the First Amendment as political speech and arguing he cannot be tried in criminal court for trying to block Joe Biden’s victory after being impeached by the House but acquitted by the Senate. While aspects of Trump’s case raise historic legal questions, the motions are fairly typical for criminal defendants trying to challenge the legal sufficiency of the charges against them.
Top Groups’ Lobbying Spending Drops in Divided Congress
MSN – Caitlin Reilly (Roll Call) | Published: 10/23/2023
Total spending on lobbying by the biggest interest groups fell in the first three quarters of 2023 compared to last year amid partisan gridlock in a divided Congress. The dip came as the steady clip of major laws that moved through the last Congress slowed to a trickle this session with Democrats controlling the Senate and Republicans the House, where GOP leadership has struggled to maintain control of its conference.
How Ron DeSantis’ Super PAC Is Taking Financial Pressure Off His Campaign
NBC News – Alec Hernández and Bridget Bowman | Published: 10/20/2023
With three months to go until the first contest of the Republican nominating race, Florida Gov. Ron DeSantis continues to lean heavily on Never Back Down for support across the early states, and his most recent campaign finance report demonstrates how the super PAC has helped cover costs that otherwise might have drained DeSantis’s own campaign treasury. Beyond playing an extensive role in the governor’s campaign schedule and travel, the super PAC is also responsible for a large door-knocking operation in Iowa and running a slew of voter coalitions supporting DeSantis.
Appeals Court Upholds Broad Use of Obstruction Law That Prosecutors Have Deployed Against Trump
Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 10/20/2023
Federal prosecutors avoided an appeals court ruling that could have upended their criminal prosecution of Donald Trump, but the legal battle will continue over a federal obstruction statute that has become a cornerstone of cases stemming from the storming of the Capitol. A panel of the District of Columbia Circuit Court of Appeals ruled there are numerous ways for the government to prove January 6 defendants acted “corruptly” when seeking to obstruct Congress’ proceedings. A ruling that narrowly construed the meaning of “corruptly” could have derailed the prosecution of Trump on an obstruction charge.
Supreme Court to Decide if Biden Admin Illegally Bullied Social Media into Censoring Content
Yahoo News – Kyle Cheney and Rebecca Kern (Politico) | Published: 10/20/2023
The Supreme Court will determine whether the Biden administration violated the Constitution when it pressured technology companies to remove from their platforms what federal officials said was false or misleading content about the 2020 election and Covid-19. In taking the case, the justices also blocked the lower court’s injunction that would have barred many types of contact between federal officials and the social media giants. The action means administration officials can keep contacting social media companies for now while the justices weigh the case.
From the States and Municipalities
California – Sacramento Ethics Commission Dismisses Campaign Contribution Complaint after Investigation
Capital Public Radio – Kristin Lam | Published: 10/25/2023
The Sacramento Ethics Commission dismissed a complaint against mayoral candidate Flojuane Cofer and found she did not violate a campaign fundraising rule. Voting unanimously, the commission disagreed with part of an independent evaluator’s recommendation on how to deal with the complaint. The investigator found the city’s campaign contribution rules surrounding off-year elections are confusing.
California – Is Anaheim’s Fall of Reform Going to Freeze Over?
Voice of OC – Hosam Elattar | Published: 10/25/2023
Anaheim’s elected officials continue a rollout of reform proposals, but it is unclear how many overhauls will be made to a City Hall hit with one of the biggest corruption scandals in Orange County history. It comes as some Disney-backed city council members question if reforms are needed, like bolstering whistleblower protections, consequences for misconduct by elected officials, decreasing the city manager’s purchasing power, and overhauling lobbyist rules. The discussions come months after independent investigators alleged the city was essentially controlled by lobbyists and Disneyland resort interests.
Colorado – A New Law Has Stricter Regulations for Campaign Finance. What Does That Mean for Pueblo?
Pueblo Chieftan – Anna Lynn Winfrey | Published: 10/23/2023
A new law in Colorado imposes new requirements for how long campaign finance records are kept and sets contribution limits for municipal races. But as a home rule city, Pueblo has the jurisdiction to craft its own regulation on campaign finance. Because of the expected timing of a mayoral runoff race in January, after the bill goes into effect, the city council is expected to vote soon on an ordinance that would effectively freeze the current rules in place. Councilors could adopt more stringent requirements later, if desired.
Florida – Mayor Donna Deegan Approves No-Bid Contract for a Firm That Backed Her Campaign
MSN – David Bauerlein (Florida Times-Union) | Published: 10/24/2023
A company whose owner hosted a campaign event for Jacksonville Mayor Donna Deegan in January won a no-bid contract worth $300,000 for federal grant-writing, lobbying, and policy development after the city determined no other firm in the nation could provide all those services. The city typically requires competitive bidding, but the Professional Services Evaluation Committee recommended Deegan approve the one-year contract to Langton Consulting without seeking proposals from any other firms.
Florida – Florida Rule Would Limit Talk of ‘Social Issues’ at Public Universities
Yahoo News – Divya Kumar (Tampa Bay Times) | Published: 10/23/2023
A proposed regulation aimed at restricting diversity programs and social activism at Florida’s public universities has stirred confusion, with some saying its broadly worded passages could limit free speech. The regulation, when approved, will determine how the state enforces the law pushed by Gov. Ron DeSantis that seeks to gut diversity, equity, and inclusion programs at colleges and universities.
Florida – Florida Ethics Panel Says County Commissioner Steele Can Resume Lobbying for Municipalities
Yahoo News – Dave Berman (Florida Today) | Published: 10/24/2023
Brevard County Commissioner Jason Steele was given the green light to resume his lobbying work. including for municipalities within the county, while he continues to serve as commissioner. The Florida Commission on Ethics approved an advisory opinion from its legal staff that said there currently is nothing illegal about Steele lobbying on behalf of clients, as long as he does not lobby before the county commission and does not use nonpublic information he obtained as a commissioner for his lobbying work.
Georgia – Trump Co-Defendant Kenneth Chesebro Pleads Guilty in Georgia Election Case
MSN – Holly Bailey and Amy Gardner (Washington Post) | Published: 10/20/2023
Kenneth Chesebro, a former lawyer for Donald Trump’s campaign, pleaded guilty to illegally conspiring to overturn Trump’s 2020 election loss in Georgia, striking a deal in which he will avoid jail time and agreed to provide evidence that could implicate other defendants, including Trump himself. Chesebro pleaded guilty to a single felony count of conspiracy to file false documents. The charge relates to his role organizing slates of pro-Trump electors to meet in seven states where Joe Biden had won.
Georgia – Jenna Ellis Becomes Latest Trump Lawyer to Plead Guilty Over Efforts to Overturn Georgia’s Election
Yahoo News – Will Weissert and Kate Brumback (Associated Press) | Published: 10/24/2023
Attorney and conservative media figure Jenna Ellis pleaded guilty to a felony charge over efforts to overturn Donald Trump’s 2020 election loss in Georgia. Ellis, the fourth defendant in the case to enter into a plea deal, was a vocal part of Trump’s reelection campaign in the last presidential cycle and was charged alongside the Republican former president and 17 others. Ellis pleaded guilty to one felony count of aiding and abetting false statements and writings. She had been facing charges of violating Georgia’s Racketeer Influenced and Corrupt Organizations Act and soliciting the violation of oath by a public officer, both felonies.
Hawaii – Hawaii Budget Director’s Conflict of Interest: He owns HECO stock
Honolulu Civil Beat – Stewart Yerton | Published: 10/26/2023
Hawaii’s state budget and finance director is facing an ethical dilemma as Gov. Josh Green’s administration works to establish a fund for victims of the Maui wildfires. Luis Salaveria, who is playing a role in planning the fund that would benefit Hawaiian Electric Industries, also owns Hawaiian Electric stock. That should disqualify Salaveria from taking any official action that could affect the company, according to the state ethics code. But what, if anything, Salaveria plans to do to address the situation is unclear.
Hawaii – Hawaii Bribery Scandal Casts a Shadow Over Lahaina’s Ruins
Yahoo News – Blaze Lovell (New York Times) | Published: 10/25/2023
As Maui County recovers from the devastating wildfires that killed at least 99 people, millions of dollars will be spent on rebuilding critical infrastructure using a flawed contract-monitoring system that is marred by bribery and a lack of competition. A recent bribery case prompted some county officials to begin phasing out the use of sole-source contracts, but the practice is still in use in the county. That very little has changed since the bribery scandal was revealed could leave the door open for some contractors to take advantage of the disaster or for government money to be wasted.
Illinois Public Radio – Robert Herguth (Chicago Sun-Times) | Published: 10/20/2023
In May, the General Assembly passed a bill to ban campaign contributions from the red-light camera industry that has been embroiled in a bribery scandal still unfolding in federal court. Among those backing the bill was Illinois Senate President Don Harmon. Less than six weeks later, his campaign accounts accepted two contributions totaling $5,000 from Redspeed Illinois, a contractor operating red-light cameras in a number of Chicago-area municipalities. Bernadette Matthews, executive director of the state elections board, said the new law does not include penalties for violators.
Kentucky – Louisville Metro Councilman Anthony Piagentini Found in Violation of Ethics Rules
MSN – Eleanor McCrary (Louisville Courier Journal) | Published: 10/19/2023
Louisville Metro’s Ethics Commission found Councilperson Anthony Piagentini in violation of six ethics rules after he was accused of using his city position to land a $40 million grant for the Louisville Healthcare CEO Council, which then hired him. The commission also unanimously voted to recommend to the Metro Council that he be removed from his seat, but that decision ultimately lies with his 25 peers. Piagentini also received a penalty of $500 per violation.
Louisiana – Supreme Court Agrees with Delay on Drawing New Louisiana Congressional Map
MSN – Robert Barnes (Washington Post) | Published: 10/19/2023
The U.S. Supreme Court agreed with a delay on proceedings that could lead to creating a second congressional district in Louisiana where Black voters make up a large-enough share of the electorate to have a significant chance of electing their preferred candidate. The justices rejected requests by Black voters challenging a map passed by the state’s Republican-led Legislature to allow a lower court judge to proceed in coming up with a new map. The order indicates that once litigation over the issue is completed, the Legislature might get a chance to draw a revised map.
Maine – Inside Poland Spring’s Hidden Attack on Water Rules It Didn’t Like
Yahoo News – Hiroko Tabuchi (New York Times) | Published: 10/24/2023
When Maine lawmakers tried to rein in large-scale access to the state’s freshwater this year, the effort initially gained momentum. Then a Wall Street-backed giant called BlueTriton stepped in. Americans today buy more bottled water than any other packaged drink, and BlueTriton owns many of the nation’s biggest brands. Maine’s bill threatened the company’s access to the groundwater it bottles and sells. The legislation had already gotten a majority vote on the committee and was headed toward the full Legislature, when a lobbyist for BlueTriton proposed an amendment that would eviscerate the entire bill.
Massachusetts – Ryan and Stephanie Fattman Agree to Record Fines to Settle Campaign Finance Cases
Yahoo News – Kinga Borondy (Worcester Telegram & Gazette) | Published: 10/24/2023
The Massachusetts attorney general’s office reached a settlement with stated Sen. Ryan Fattman; his wife, Worcester Registrar of Probate Stephanie Fattman; and members of their campaign committees in the three-year probe into campaign finance irregularities. The settlements to be paid total hundreds of thousands of dollars, the largest amounts ever paid by candidate committees to the state to resolve cases.
Michigan – Financial Disclosures Proposed for Michigan Politicians Are ‘Pretty Weak,’ Advocates Say
MLive – Simon Schuster | Published: 10/25/2023
A bipartisan group of lawmakers introduced a package of legislation that details what state elected officials must include in Michigan’s first-ever financial disclosures. The legislation, while bringing specificity to some areas 2022’s Proposal 1 left vague, also leaves gaps in reporting, exempting public officials from having to disclose some of the very financial benefits that roiled state government in recent scandals. Nicholas Pigeon, executive director of the Michigan Campaign Finance Network, called the bills “a mixed bag … that is pretty weak compared to the rest of the country.”
Michigan – After Campaign Finance Complaint Against Fouts, City Attorney Files Against Council Foes
MSN – Christina Hall (Detroit Free Press) | Published: 10/25/2023
The Warren city attorney filed state campaign finance complaints against three city council members for comments they made during a council meeting using city equipment, which was broadcast live and is on video on the city’s website. The complaints come days after the secretary of state’s office determined Mayor Jim Fouts may have violated the law by endorsing candidates during his State of the City address.
Missouri – Records Show Missouri House Speaker Charged State for Travel Already Paid for By His Campaign
Missouri Independent – Jason Hancock | Published: 10/23/2023
Missouri House Speaker Dean Plocher filed an expense report to be reimbursed for a $1,199.60 plane ticket to the 2023 Uniform Law Commission conference. The House ultimately agreed to pay him the money. But the cost of the ticket did not come out of Plocher’s bank account. It came out of his campaign. Seven months earlier, “Plusher for Missouri” reported paying $1,199.60 for airfare to Hawaii for the conference. A review of Plocher’s expense reports over the years shows the Hawaii expense was not an isolated event.
New Hampshire – Breaking with Longstanding Tradition, Biden Won’t Appear on New Hampshire’s Primary Ballot
Yahoo News – Francesca Chambers (USA Today) | Published: 10/24/2023
President Joe Biden’s name will not be on the New Hampshire primary ballot. Biden has been tussling with the state for nearly a year over its historically early primary date and will not make the trip to Concord to file. In a break with centuries-old tradition, the incumbent president will not appear on the state’s Democratic primary ballot at all, with the national party pledging to discipline candidates who compete in unsanctioned primaries like the one New Hampshire plans to hold.
New Jersey – ‘Phantom Candidates’ in Tough N.J. Legislative Elections? Republicans Call for Investigation.
MSN – Brent Johnson (New Jersey Advance Media) | Published: 10/23/2023
Allegations about a “dark money” group pushing “phantom candidates” have invaded a pair of tense races for the New Jersey Legislature. Republican candidates in the second and fourth districts, two of the most competitive in this year’s elections, have asked top law enforcement officials to investigate a new nonprofit group with a Queens address that sent out campaign mailers to voters urging them to support independent or third-party “conservative” candidates.
Albany Times Union – Lana Bellamy | Published: 10/26/2023
New York Sen. James Skoufis alleges the Orange County government entered into illegal contracts with an information technology company in order to enrich the family of a top-ranking county official, and county administrators have attempted to cover up a larger corruption scheme. Skoufis laid out the case that contracts between the county and StarCIO totaling $823,000 were illegally procured and inflated to enrich Isaac Sacolick, the company’s proprietor and the brother-in-law of county Human Resources Commissioner Langdon Chapman.
New York – Judge Fines Trump $10,000 for Second Violation of New York Gag Order
MSN – Shayna Jacobs and Devlin Barrett (Washington Post) | Published: 10/25/2023
A New York judge fined Donald Trump $10,000 for violating a gag order in a business-fraud lawsuit and warned the former president the penalties will only get worse if he keeps breaking the rules set for the civil trial, in which he is accused of falsely inflating his property values. The five-figure fine came after New York Supreme Court Justice Arthur Engoron unexpectedly called Trump to the witness stand to explain, under oath, a comment he made outside the courtroom earlier in the day.
New York – Adams Campaign Contributors Plead Guilty to Straw Donor Conspiracy Charge
The City – George Joseph | Published: 10/24/2023
Shahid and Yahya Mushtaq, two brothers who run a construction company in Queens, each pleaded guilty to a misdemeanor conspiracy charge stemming from a straw donor scheme that aimed to generate illicit public matching funds for Eric Adams’ successful 2021 mayoral campaign. The brothers’ plea deals require them both to pay a $500 fine and complete 35 hours of community service.
New York – Who Paid for Gov. Hochul’s Israel Trip? Her Office Won’t Say.
The Gothamist – Jon Campbell | Published: 10/25/2023
New York Gov. Kathy Hochul’s office will not say who pledged to pay for the governor’s recent visit to Israel, an arrangement the state’s ethics board has not yet approved, despite her trip to the Middle East last week. Hochul spent two days in Israel amid its war with Hamas, touring the country and meeting with dignitaries, along with victims and their families. Gubernatorial spokesperson Avi Small said the Commission on Ethics and Lobbying in Government is still “in the final stages of reviewing this arrangement to ensure it fully complies with state ethics law.”
North Carolina – N.C. Republicans Pass Redistricting Map Expected to Flip 3 House Seats
MSN – Dan Rosenzweig-Ziff (Washington Post) | Published: 10/25/2023
The North Carolina General Assembly gave final approval to new congressional and state legislative district maps that would empower the state Republican Party for years to come. North Carolina’s 14 congressional seats are now evenly split between Democrats and Republicans. The new map would probably flip at least three of those seats to the GOP. Proponents say they are allowed to draw maps that favor political parties because of recent court precedent, and Republicans have the power to do so because they won more seats in both chambers of the Legislature.
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 10/24/2023
Thousands of inactive Ohio voters were purged from the state’s voter rolls in September at the direction of Secretary of State Frank LaRose after some voters had already begun casting ballots in the November election. LaRose maintains he issued the directive because he’s required by federal and state election law to set rules and timelines for maintaining accurate voter registration lists. But a state lawmaker asked why he did not delay it until after the general election, as he did earlier ahead of the August special election on a proposed constitutional amendment to make it harder to pass future amendments.
WCPO – Taylor Weiter and Dan Monk | Published: 10/19/2023
Commercials promoting the sale of the Cincinnati Southern Railway no longer feature Mayor Aftab Pureval after a media investigation found connections between campaigns for the sale and Pureval’s re-election. Building Cincinnati’s Future and Friends of Aftab Pureval, the mayor’s re-election campaign, share the same treasurer, Jens Sutmoller.
Oklahoma – Phantom Attack Ads Target Oklahoma Candidate, Connected to Nationwide Dark Money Network
MSN – Clifton Adcock (The Frontier) | Published: 10/24/2023
Common Sense Conservatives spent money on a direct mail advertisement this fall against Baptist minister Dusty Deevers in a Republican primary for a seat in the Oklahoma Senate. Records show Common Sense Conservatives is one small piece of a larger, nationwide “dark money” network that conducts most of its operations out of Ohio, has been involved in numerous federal and state-level campaigns in other states including Oklahoma, and has ties to at least one bogus charity.
October 26, 2023 •
Thursday’s LobbyComply News Roundup
Elections National: “Meadows Granted Immunity, Tells Smith He Warned Trump About 2020 Claims: Sources” by Katherine Faulders, Mike Levine, and Alexander Mallin for ABC News New Hampshire: “Breaking with Longstanding Tradition, Biden Won’t Appear on New Hampshire’s Primary Ballot” by Francesca Chambers (USA Today) […]
Elections
National: “Meadows Granted Immunity, Tells Smith He Warned Trump About 2020 Claims: Sources” by Katherine Faulders, Mike Levine, and Alexander Mallin for ABC News
New Hampshire: “Breaking with Longstanding Tradition, Biden Won’t Appear on New Hampshire’s Primary Ballot” by Francesca Chambers (USA Today) for Yahoo News
Ohio: “Ohio Secretary of State Frank LaRose Quietly Ordered Purge of Thousands of Inactive Voters Last Month” by Jeremy Pelzer (Cleveland Plain Dealer) for MSN
Ethics
California: “Is Anaheim’s Fall of Reform Going to Freeze Over?” by Hosam Elattar for Voice of OC
Michigan: “Financial Disclosures Proposed for Michigan Politicians Are ‘Pretty Weak,’ Advocates Say” by Simon Schuster for MLive
Legislative Issues
National: “New House Speaker Mike Johnson Faces Herculean Task of Uniting Republicans” by Marianna Sotomayor, Amy Wang, Leigh Ann Caldwell, Theodoric Meyer, and Jacqueline Alemany (Washington Post) for MSN
Lobbying
National: “An Unsanctioned Coterie of Pro-Israel Quasi-Lobbyists Has Descended on D.C.” by Hailey Fuchs and Caitlin Oprysko (Politico) for MSN
Florida: “Florida Ethics Panel Says County Commissioner Steele Can Resume Lobbying for Municipalities” by Dave Berman (Florida Today) for Yahoo News
Procurement
Florida: “Mayor Donna Deegan Approves No-Bid Contract for a Firm That Backed Her Campaign” by David Bauerlein (Florida Times-Union) for MSN
Hawaii: “Hawaii Bribery Scandal Casts a Shadow Over Lahaina’s Ruins” by Blaze Lovell (New York Times) for Yahoo News
August 18, 2023 •
News You Can Use Digest – August 18, 2023
National/Federal ‘Biased.’ ‘Corrupt.’ ‘Deranged.’ Trump’s Taunts Test Limits of Release. Buffalo News – Maggie Haberman, Jonathan Swan, and Alan Feuer (New York Times) | Published: 8/16/2023 After eight years of pushing back at a number of institutions in the U.S., Donald Trump […]
National/Federal
‘Biased.’ ‘Corrupt.’ ‘Deranged.’ Trump’s Taunts Test Limits of Release.
Buffalo News – Maggie Haberman, Jonathan Swan, and Alan Feuer (New York Times) | Published: 8/16/2023
After eight years of pushing back at a number of institutions in the U.S., Donald Trump is now probing the limits of what the criminal justice system will tolerate and the lines that District Court Judge Tanya Chutkan sought to lay out about what he can say about the election interference case she is overseeing. He has waged a similarly defiant campaign against others involved in criminal cases against him. Some lawyers have said if Trump were an ordinary citizen issuing these attacks, he would be in jail by now. The question is whether Trump will face consequences for this kind of behavior ahead of a trial.
Sam Bankman-Fried Donated Millions to ‘Weed Out Anti-Crypto’ Politicians, New Evidence Says
Business Insider – Peter Syme | Published: 8/15/2023
New evidence that prosecutors want to use against Sam Bankman-Fried details how one high-ranking FTX executive knew his boss’s political donations were designed to gain favorable influence in Washington D.C. The FTX founder gave nearly $40 million to Democrats and PACs during last year’s midterm elections. Although prosecutors have put that number as high as $100 million because they say Bankman-Fried funneled millions of dollars more through FTX executives. Prosecutors say the donations were funded by money taken from FTX customers.
Appeals Court Weighs Order on Social Media Content Moderation
MSN – Ryan Tarinelli (Roll Call) | Published: 8/10/2023
An appellate court panel heard arguments about a lower court ruling that would restrict the Biden administration’s ability to interact with social media companies on content moderation. An injunction, which the U.S. Court of Appeals for the Fifth Circuit has paused for now, would block various federal government entities from contacting in any form social media companies to remove content with “protected free speech.” The panel, which reserved its most probing questions for the Justice Department, did not indicate when it might rule.
What Judicial Ethics Rules Say About Clarence Thomas’ Lifestyle Bankrolled by His Friends
MSN – Tierny Sneed (CNN) | Published: 8/13/2023
It is undeniable that Supreme Court Justice Clarence Thomas’s friendships with billionaires willing to foot his bill on their vacations together have given the conservative jurist a lifestyle most Americans could only dream of. But determining whether Thomas violated ethics rules and laws by failing to disclose that hospitality is tricky. The law in question is the Ethics in Government Act, and how it should be applied to the extravagant travel that Thomas and other justices have been treated to has been a subject of debate.
Santos Fundraiser Charged with Impersonating House Leadership Aide
The Hill – Zach Schonfeld and Mychael Schnell | Published: 8/16/2023
Samuel Miele, a fundraiser for U.S. Rep. George Santos, was indicted on allegations he had impersonated a top aide to a member of House leadership while soliciting donations for Santos’s campaign. Miele is charged with four counts of wire fraud and one count of aggravated identity theft. While court documents do not identify the impersonated aide’s name or the lawmaker they work for, a complaint filed with the FEC accused Miele of impersonating Dan Meyer, who previously served as chief of staff to Speaker Kevin McCarthy.
Special Counsel Obtained Trump’s Twitter Direct Messages
The Hill – Rebecca Beitsch | Published: 8/16/2023
Special counsel Jack Smith sought to review former President Trump’s direct messages, draft tweets, and location information as his office battled for information related to his account on X, formerly known as Twitter. Newly unsealed court records offer more detail about what prosecutors were looking for when they subpoenaed records related to the Twitter account in January, a request granted by the court.
With an Array of Tactics, Conservatives Seek to Oust Progressive Prosecutors
Yahoo News – J. David Goodman (New York Times) | Published: 8/12/2023
There is an expanding campaign by conservatives across the country to limit the power of Democratic prosecutors who have promised to reform the criminal justice system, or else to oust the prosecutors altogether. More than two dozen bills have been introduced in 16 states to limit prosecutors’ power, mostly in Republican-controlled states. Several of those bills have become law. Despite attacks on their policies and attempts to blame them for rising crime, progressive prosecutors have continued to win many elections.
FEC Moves Forward Potentially Regulating AI Deepfakes in Campaign Ads
Yahoo News – Ali Swenson (Associated Press) | Published: 8/10/2023
The FEC began a process to potentially regulate AI-generated deepfakes in political ads ahead of the 2024 election, a move advocates say would safeguard voters against a particularly insidious form of election disinformation. The FEC’s unanimous procedural vote advances a petition asking it to regulate ads that use artificial intelligence to misrepresent political opponents as saying or doing something they did not, a stark issue that is already being highlighted in the current Republican presidential primary.
Spiraling Legal Bills Threaten Trump with a Cash Crunch
Yahoo News – Shane Goldmacher and Maggie Haberman (New York Times) | Published: 8/11/2023
Donald Trump’s legal problems are not just piling up – his legal bills are, too. New financial reports show the former president’s various political committees and the super PAC backing him have used roughly 30 cents of every dollar spent so far this year on legal-related costs. The total amounts to more than $27 million in legal fees and other investigation-related bills in the first six months of 2023. The new disclosures revealed the remarkable degree to which Trump’s political and legal cash are intermingled, much like his own political and legal fate.
From the States and Municipalities
Canada – Federal Liberals Have Gone More Than Six Months Without Appointing Ethics Watchdog
MSN – Canadian Press | Published: 8/15/2023
The federal government has remained without a conflict-of-interest and ethics watchdog for more than six months, a vacancy that the most recent commissioner says is putting investigations on hold and could allow violations to go unnoticed. Mario Dion retired in February after serving as the last permanent commissioner. Martine Richard took on an interim role in April. But she resigned within weeks because of controversy over the fact she is the sister-in-law of Intergovernmental Affairs Minister Dominic LeBlanc.
Alabama – Alabama Republicans Defend Not Creating a Second Majority Black District in Court
Yahoo News – Zach Montellaro (Politico) | Published: 8/14/2023
Alabama Republicans were ordered by a federal court to redraw their congressional maps to ensure there were two majority-Black districts. They did not. Instead, they are going back to the same federal court after the Supreme Court weighed in, this time to argue their attempts at coming up with a new map are good enough. Plaintiffs argued the new districts plainly do not meet the court’s standards, and Republicans were engaging in political gamesmanship by ignoring the court and drawing lines that would still only present Black voters the opportunity to elect the candidate of their choosing in one district.
Arizona – Arizona Lawmakers Move to Block ‘Dark Money’ Law
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 8/7/2023
With efforts by one set of foes already rebuffed, Arizona’s top Republican lawmakers are making their own bid to quash a new state law designed to shine a light on “dark money.” In a new court filing, Senate President Warren Petersen and House Speaker Ben Toma contend Proposition 211 infringes on the constitutional right of the Legislature to make laws. They want Maricopa County Superior Court Judge Frank Moskowitz to override what voters approved just last year.
California – Former Planning Commissioner Agrees to $24K Ethics Fine
Mission Local – Joe Eskenazi | Published: 8/15/2023
Former San Francisco Planning Commission member Frank Fung admits he contracted with a city entity while serving as a city officer and faces a five-digit fine. Fung, a 20-year city appointee who served on the Planning Commission until June 2022, agreed to a settlement in which he will pay $24,200.
California – Report: Anaheim PACs, campaigns coordinated in 2018 mayor race, possibly violating law
MSN – Michael Slaten and Tony Saavedra (Orange County Register) | Published: 8/10/2023
Investigators in Anaheim found deep levels of coordination between PACs and former Mayor Harry Sidhu’s campaign in 2018, a possible violation of state election laws. Investigators from JL Group said former Core Strategic Group Chief Executive Officer Jeff Flint and former Anaheim Chamber of Commerce Chief Executive Officer Todd Ament ran many campaign meetings for Sidhu while also coordinating spending through independent expenditures.
California – Oakland Lobbyists Must Pay to Play, Officials Say
Oaklandside – Eli Wolfe | Published: 8/10/2023
Oakland requires lobbyists to register and disclose basic information about who is employing them, how much they are paid, and who in the city they contacted. The Public Ethics Commission agreed to send the city council several recommendations to change to the lobbying law. The commission wants to carve out some exceptions to lobbyist registration fees. They want to grant a fee waiver to 501(c)(3) nonprofit organizations with less than $750,000 in annual revenue, and a reduction for small businesses with less than $200,000 in annual revenue.
California – Big Business Is Using the Popular Vote to Bypass California Law
Politico – Jeremy White | Published: 8/14/2023
Industry groups and wealthy activists have figured out how to use California;s direct democracy system in ways that are changing how policy is made, prompting pushback from unions and others. Like never before, the business of lawmaking in Sacramento is intertwined with a ballot initiative industry that churns through hundreds of millions of dollars each cycle, and policy battles loop from the Legislature to the streets back to the Legislature again.
California – BART President Fined for Failing to Register as San Francisco Bike Lobbyist
San Francisco Standard – Eddie Sun | Published: 8/15/2023
Bay Area Rapid Transit Board President Janice Li agreed to a $5,275 fine for failing to register as a lobbyist for the San Francisco Bicycle Coalition. The coalition’s former executive director, Brian Wiedenmeier, was also named in the complaint. Li served as the nonprofit’s advocacy director from 2015 to 2022. The two qualified as “contact lobbyists” under local law because they reached out to city officials about coalition business at least five times a month.
California – Investigators Find Anaheim Failed to Oversee Free Tickets for Over a Decade
Voice of OC – Noah Biesiada | Published: 8/9/2023
Anaheim leaders give out hundreds of free tickets every year to events at Angel Stadium and the Honda Center, but a new investigation into alleged corruption found the city has failed to stop those tickets from going into the hands of special interests for years. While the city has a policy that requires city leaders to state a reason for giving out tickets, investigators from the JL Group noted there is no penalty for violating that policy, and it is easy to circumvent.
California – Proposed Anaheim Reforms Sputter as City Council Disputes Corruption Probe Findings
Voice of OC – Hosam Elattar | Published: 8/16/2023
Anaheim Mayor Ashleigh Aitken’s proposed reforms to safeguard against corruption fell apart as her city council colleagues criticized an independent investigation and significantly softened every one of the mayor’s reform recommendations. Independent investigators put together a scathing report that alleges “pay-to-play” conspiracies, misconduct, a misuse of federal COVID dollars, and outsized influence by Disneyland resort interests on City Hall.
Florida – State Appeals Lobbying Decision
Citrus County Chronicle – Jim Saunders (News Service of Florida) | Published: 8/14/2023
Florida Attorney General Ashley Moody appealed a federal judge’s ruling that blocked part of a state constitutional amendment imposing new lobbying restrictions. U.S. District Court Judge Beth Bloom issued a permanent injunction against a restriction on state and local officials lobbying other government bodies while in office. Bloom said the restriction violated First Amendment rights. The state separately requested a stay that would lead to the injunction only applying to Miami-Dade County Commissioner Rene Garcia while the appeal moves forward.
Florida – Tallahassee’s Ethics Board Considers Tightening the Definition of a Lobbyist
WFSU – Margie Menzel | Published: 8/15/2023
The Tallahassee Independent Ethics Board agreed to continue discussions on why the number of lobbyists registered with the city has plummeted. Critics say there is a loophole to evade that registration, which would require reporting one’s clients and fees.
Florida – Florida Ethics Chairman Took a New Job That May Create a $400K Ethical Conflict
Yahoo News – Romy Ellenbogen (Miami Herald) | Published: 8/14/2023
The head of Florida’s ethics commission may have violated one of the commission’s own rules. Glen Gilzean, the chairperson of the Florida Commission on Ethics, was appointed in 2019 by Gov. Ron DeSantis. But Gilzean in May also took on another role, as the new administrator of the DeSantis-controlled Central Florida Tourism Oversight district, a special district formerly that governs Walt Disney World and two surrounding cities. State law says members appointed to the state ethics commission may not “hold any public employment.”
Georgia – With Racketeering Charges, Georgia Prosecutor Aims to ‘Tell the Whole Story’
Yahoo News – Richard Fausset and Danny Hakim (New York Times) | Published: 8/15/2023
Fulton County District Attorney Fani Willis is using the state’s version of the Racketeer Influenced and Corrupt Organizations Act (RICO) to go after former President Trump, who along with 18 of his allies was indicted on charges of participating in a wide-ranging conspiracy to overturn the results of the 2020 election in Georgia. One power of RICO is that it often allows a prosecutor to tell a sweeping story, not only laying out a set of criminal acts but identifying a group of people working toward a common goal, as part of an “enterprise,” to engage in patterns of illegal activities.
Idaho – ‘Conflict of Interest’: Idaho AG gave officials legal advice, then investigated them
Yahoo News – Ryan Suppe (Idaho Statesman) | Published: 8/11/2023
A judge ruled Idaho Attorney General Raúl Labrador had a “notable conflict of interest” when his office began investigating officials with the state Department of Health and Welfare over how it distributed federal child-care grants. The health officials were the attorney general’s clients, and a lawyer under Labrador had advised them the grants in question were legally distributed.
WTTW – Heather Cherone | Published: 8/15/2023
Former Ald. Howard Brookins will not have to pay a $5,000 fine for violating the city’s ethics law by defending clients in criminal cases involving the Chicago Police Department. Brookins sued the Board of Ethics after it unanimously levied the fine against him, saying it had no authority to stop him from serving as a criminal defense attorney in Chicago.
Kansas – Raid of Small Kansas Newspaper Raises Free Press Concerns
Seattle Times – Steven Lee Myers and Benjamin Mullins (New York Times) | Published: 8/13/2023
A small Kansas police department is facing criticism for raiding a local newspaper’s office and the home of its owner and publisher, seizing computers and cellphones, and, in the publisher’s view, stressing his 98-year-old mother enough to cause her death. The searches appeared to be linked to an investigation into how a document containing information about a local restaurateur found its way to the local newspaper — and whether the restaurant owner’s privacy was violated in the process. The editor of the newspaper said the raids may have had more to do with tensions between the paper and officials in the town of Marion over prior coverage.
Yahoo News – Brian Metzger (Business Insider) | Published: 8/10/2023
Tim Sheehy, who is rung for the U.S. Senate in Montana, plans to steer a portion of the revenue from his forthcoming memoir to an industry group that lobbies federal lawmakers, adding to existing conflict-of-interest questions surrounding the wealthy first-time candidate. Candidates for office occasionally release books to help burnish their image and tell their story, and sitting lawmakers sometimes draw hundreds of thousands of dollars in outside income from book deals. But Sheehy’s book release poses unique conflict-of-interest questions, given his apparent plans for the revenue.
MSN – Abby Turner and Andrew Kaczynski (CNN) | Published: 8/12/2023
Sam Brown, a candidate for the U.S. Senate in Nevada, created a PAC to “help elect Republicans” but most of its funds were spent paying down debt from his failed previous campaign. The group donated less than seven percent of its funds to the candidates it was set up to support, a move one campaign finance expert likened to using the PAC as a “slush fund.”
Nevada – Lobbyists May Soon Need to Register with County to Attend Commission Meetings
This Is Reno – Kristin Hackbarth | Published: 8/15/2023
The Washoe County Board of Commissioners heard the first reading of a new ordinance that would require compensated lobbyists to register with the county. The policy, which some said was overdue, was modeled after Reno’s lobbying policy and is similar to others in Clark County, Las Vegas, and Henderson. It would require anyone who receives anything of value to communicate with county commissioners on behalf of someone else on any issue to register with the county.
New Mexico – New Ethics Complaint Targets Sen. Daniel Ivey-Soto
Albuquerque Journal – Dan McKay | Published: 8/16/2023
A new ethics complaint accuses New Mexico Sen. Daniel Ivey-Soto of violating state law by leveraging his power as a legislator for financial gain and to seek sexual favors. Much of the complaint centers on Ivey-Soto’s employment by an organization that serves county clerks throughout New Mexico, an arrangement it says is a conflict-of-interest, given his dual role as a legislator who crafts election laws the clerks must carry out.
New Mexico – Ethics Commission Reverses Governor’s Decision to Redo Medicaid Contracts
Santa Fe New Mexican – Daniel Chacón | Published: 8/10/2023
In a defeat for New Mexico Gov. Michelle Lujan Grisham, who unilaterally stopped the Human Services Department from awarding Medicaid contracts worth billions of dollars to providers who had followed the state’s procurement process and scored the highest bids, the department will move forward with the winning bidders after all. The decision is part of a settlement agreement the state Ethics Commission reached with the governor and the department.
New York – Team Cuomo Notches Legal Win as Court Dismisses Defamation Claim
Albany Times Union – Brendan Lyons | Published: 8/14/2023
A New York appellate court dismissed a lawsuit filed last year by Gary Levine, a former commissioner for the state’s now-dismantled Joint Commission on Public Ethics, accusing Andrew Cuomo’s attorney, Rita Glavin, of defamation for suggesting he had leaked confidential information to the press about Cuomo’s dealings with the ethics panel. The appellate court found Glavin’s letter constituted a “statement of opinion” when she urged the inspector general’s office to launch an investigation of Lavine.
New York – Judge in Donald Trump’s Hush-Money Case Denies Bias Claim, Won’t Step Aside
MSN – Michael Sisak (Associated Press) | Published: 8/14/2023
The judge in Donald Trump’s Manhattan hush-money criminal case rejected the former president’s demand to step aside, denying defense claims that he is biased against Trump because he has given money to Democrats and his daughter is a party consultant. Judge Juan Manuel Merchan acknowledged he made several small donations to Democratic causes during the 2020 campaign, including $15 to Joe Biden, but said he is certain of his “ability to be fair and impartial.”
Oregon – Oregon Secretary of State: Senators who walked out can’t run next year
Oregon Public Broadcasting – Dirk VanderHart | Published: 8/8/2023
Ten Republican and Independent senators who participated in a six-week walkout during the 2023 legislation session spring will not be allowed to run for reelection, Secretary of State LaVonne Griffin-Valade announced. Oregonians overwhelmingly voted last year to create consequences for legislative walkouts via Measure 113. But the decision drew a promise of a court challenge from GOP lawmakers, who have said the measure was so sloppily worded they are technically allowed to serve another term before consequences for a walkout begin.
Oregon – With New Secretary of State, Oregonians Will Get Greater Transparency on Campaign Finance Violations
Willamette Weekly – Nigel Jaquiss | Published: 8/14/2023
Oregon Secretary of State LaVonne Griffin-Valade announced that her office will now publish a searchable list of campaign finance violations monthly. Other states have long made such data public, informing voters which candidates posted contributions and expenditures late or incorrectly. The former elections director, Deborah Scroggin, pushed for Oregon to publish such violations throughout 2022, but then-Secretary of State Shemia Fagan and her top managers delayed the launch.
South Dakota – Gov. Noem Orders State Contracts to Include New ‘Conflict of Interest’ Clause
Yahoo News – Annie Todd (Sioux Falls Argus Leader) | Published: 8/15/2023
Gov. Kristi Noem issued an executive order that contracts issued by the state include a clause to guard against conflict-of-interest if a state lawmaker is about to enter into a contract that could violate the South Dakota Constitution. According to the state constitution, lawmakers are prohibited from being either directly or indirectly interested in any contract with the state or county during their term in office and one year after.
Tennessee – Former Sen. Kelsey Nets 21-Month Prison Sentence for Campaign Finance Conviction
Tennessee Lookout – Sam Stockard | Published: 8/11/2023
Former Tennessee Sen. Brian Kelsey was sentenced to 21 months in prison for directing a scheme to funnel state campaign funds to his failed 2016 congressional race. His co-defendant in the scheme, Josh Smith, owner of The Standard Club, a Nashville restaurant frequented by Republican lawmakers, netted five years of probation, a $250,000 fine, and 720 hours of public service. Smith reached a plea agreement with federal prosecutors last November and was prepared to testify against Kelsey.
Texas – Judge Calls New Texas Election Law Unconstitutional but State Says It Will Appeal Ruling
MSN – Juan Lozano (Associated Press) | Published: 8/15/2023
A judge called a new law unconstitutional that passed in the Republican-led Texas Legislature and will dictate how elections are run in the state’s most populous county, which is a Democratic stronghold and home to Houston. The law, which would abolish a position that oversees elections in Harris County, was temporarily blocked by state District Court Judge Karin Crump after county officials filed a lawsuit. But the judge’s order was put on hold after the state attorney general’s office filed a notice it will appeal to the Texas Supreme Court.
Virginia – State Senator Seeks to Lease Land to Dominion for Wind Turbine Project; Ethics Council OKs Move
MSN – Stacy Parker (Virginian-Pilot) | Published: 8/15/2023
A vacant lot near Naval Air Station Oceana that is owned by a state senator could soon become a temporary laydown area for Dominion Energy’s $10 billion wind farm project. The Virginia Beach Planning Commission unanimously recommended approval. Sen. Bill DeSteph owns more than $250,000 of stock in Dominion Energy and has voted on legislation that affects electric and other utilities.
Wisconsin – Report on Anti-Gay Slur Could Put Local News Site Out of Business
Yahoo News – Jeremy Peters (New York Times) | Published: 8/15/2023
The county board meeting in Wausau, Wisconsin, on August 12, 2021, got contentious fast. What happened about 12 minutes in, as members of the community squabbled over a resolution intended to promote diversity and inclusion, has become the subject of a bitter legal fight that threatens to bankrupt one of the few remaining sources of local news in the area. First Amendment experts say the case highlights a troubling trend of wealthy and powerful people using defamation law as retribution.
August 17, 2023 •
Thursday’s LobbyComply News Roundup
Elections Texas: “Judge Calls New Texas Election Law Unconstitutional but State Says It Will Appeal Ruling” by Juan Lozano (Associated Press) for MSN Ethics California: “Proposed Anaheim Reforms Sputter as City Council Disputes Corruption Probe Findings” by Hosam Elattar for Voice of OC Illinois: “Former […]
August 16, 2023 •
Wednesday’s LobbyComply News Roundup
Campaign Finance National: “Sam Bankman-Fried Donated Millions to ‘Weed Out Anti-Crypto’ Politicians, New Evidence Says” by Peter Syme for Business Insider Oregon: “With New Secretary of State, Oregonians Will Get Greater Transparency on Campaign Finance Violations” by Nigel Jaquiss for Willamette Weekly Elections California: “Big […]
August 11, 2023 •
News You Can Use Digest – August 11, 2023
National/Federal FTX Founder Sam Bankman-Fried Still Slapped with Campaign Finance Charge, Prosecutors Say ABC News – Aaron Katersky and Max Zahn | Published: 8/8/2023 Federal prosecutors signaled their intention to hold cryptocurrency executive Sam Bankman-Fried accountable for alleged campaign finance violations despite […]
National/Federal
FTX Founder Sam Bankman-Fried Still Slapped with Campaign Finance Charge, Prosecutors Say
ABC News – Aaron Katersky and Max Zahn | Published: 8/8/2023
Federal prosecutors signaled their intention to hold cryptocurrency executive Sam Bankman-Fried accountable for alleged campaign finance violations despite dropping the charge on a technicality. Prosecutors accused Bankman-Fried of seeking influence in Washington and in state capitals by improperly using customer and investor money to make political donations.
Special Counsel Got a Search Warrant for Twitter to Turn Over Info on Trump’s Account, Documents Say
Associated Press News – Alanna Durkin Richer | Published: 8/9/2023
Special counsel Jack Smith’s team obtained a search warrant in January for records related to Donald Trump’s Twitter account, and a judge levied a $350,000 fine on the company for missing the deadline to comply. Smith’s team repeatedly mentioned Trump’s tweets in an indictment that charges the former president with conspiring to subvert the will of voters and cling to power after he lost the 2020 election to Joe Biden.
From Right-Hand Man to Critical Witness: Pence at heart of Trump prosecution
DNyuz – Shane Goldmacher, Maggie Astor, and Luke Broadwater (New York Times) | Published: 8/7/2023
Former Vice President Mike Pence’s transformation from Donald Trump’s most loyal lieutenant to an indispensable, if reluctant, witness for his prosecution became clear when he emerged as perhaps the central character in an indictment accusing the former president of a criminal conspiracy to overturn the 2020 election. The indictment revealed Pence kept contemporaneous notes on the tumultuous period leading up to January 6, 2021. “You’re too honest,” Trump berated Pence as he refused to go along with the election plot, according to the indictment.
Judge Asks Prosecutors to Justify Use of 2 Grand Juries in Trump Documents Case
MSN – Perry Stein (Washington Post) | Published: 8/7/2023
U.S. District Court Judge Aileen Cannon asked prosecutors to explain the use of grand juries in Florida and Washington in the classified documents case against Donald Trump even though charges were filed in South Florida. For many months, prosecutors questioned witnesses in the Florida case before a federal grand jury in Washington. The proceedings yielded much of the evidence at the crux of the case. But in May, the grand jury activity appeared to continue in Miami. Ultimately, prosecutors filed charges in a West Palm Beach courthouse in the same district as Miami and the area where Trump’s home is located.
New PAC Aims to Elect Young Progressives Running for State Offices, Congress
MSN – Sabrina Rodriguez (Washington Post) | Published: 8/9/2023
A co-founder of March for Our Lives and the campaign manager who helped elect the first Gen Z member of Congress are teaming up to launch a new organization focused on getting more young progressives elected to office, primarily focusing on state lawmakers. Leaders We Deserve aims to help young people running for state Legislatures and Congress by providing candidates they endorse with the campaign knowledge – from fundraising to networking – and money to win.
DeSantis Replaces 2024 Campaign Manager in Continued Shakeup
MSN – Steve Contorno and Kit Maher (CNN) | Published: 8/8/2023
Gov. Ron DeSantis replaced campaign manager Generra Peck, ending speculation about her future leading his struggling White House bid and continuing a shakeup of his presidential campaign. In her place, DeSantis chose James Uthmeier, the chief of staff for his gubernatorial office, a trusted adviser known in Florida as an enforcer of DeSantis’s agenda. The latest move reflects a campaign still grasping for solutions to build support and recapture momentum of when DeSantis was surging after a dominant performance in his gubernatorial reelection.
MSN – Madison Hall (Business Insider) | Published: 8/8/2023
The FEC’s inspector general found Commissioner Trey Trainor did not commit any ethics violations after he participated in an “election integrity” event where he was labeled as a member of the “Trump Elections Team.” The inspector general said while it may appear he acted improperly, his billing was written without his knowledge, undermining “any appearance of impropriety.” The report notes Trainor and his counsel refused to cooperate with the government’s investigation.
DeSantis Super PAC Shares Cost for Private Air Travel in Unusual Deal
MSN – Michael Scherer and Isaac Arnsdorf (Washington Post) | Published: 8/5/2023
A super PAC funding much of Ron DeSantis’s presidential effort has become a joint investor with his campaign in a private transportation management company that provides lower-cost airplane leases for the Florida governor. The unusual agreement, which allows both the DeSantis campaign and the Never Back Down to lease planes in a larger volume at lower market rates, is another way DeSantis and his allies have found to use unlimited donations to help cover the cost of activities historically borne directly by official campaigns.
‘Fake’ Elector Plot Raised Concerns Over Legal Peril, Indictment Shows
MSN – Amy Gardner, Patrick Marley, Yvonne Wingett Sanchez, and Josh Dawsey (Washington Post) | Published: 8/7/2023
Donald Trump’s defenders have long insisted his false elector scheme was legal because the slates met as mere placeholders, to be activated only if the campaign won in court. Prosecutors now charge that Trump, Rudy Giuliani, and others intended all along to use the electors to falsely claim the outcome of the election was in doubt, facilitating an effort to obstruct the certification of Joe Biden’s victory in Congress on January 6, 2021. Especially important may be the experience in Pennsylvania, where new interviews reveal the extent of discomfort with the plan by Trump electors.
Fight Over Trump Jan. 6 Secrecy Order Marks Start of Race to Trial
MSN – Spencer Hsu (Washington Post) | Published: 8/7/2023
A federal judge ordered a hearing over prosecutors’ demand that former President Trump keep government evidence turned over in his criminal election interference case secret until trial, as the two sides clashed anew over whether permitting Trump to discuss the case would taint potential jurors or intimidate witnesses. Prosecutors said they wanted to turn over evidence to speed the defense’s trial preparations but were concerned about Trump’s history of posting on social media about “witnesses, judges, attorneys and others” associated with cases against him.
Supreme Court Struggling to Agree on Ethics Policy, Justice Kagan Says
MSN – Ann Marimow (Washington Post) | Published: 8/3/2023
Justice Elena Kagan said the Supreme Court, which has faced criticism over lavish, undisclosed free travel by some of her colleagues, is struggling to devise an ethics policy despite continued discussion. The criticism stems from expensive trips taken years ago by Justices Clarence Thomas and Samuel Alito Jr. underwritten by wealthy business executives and not disclosed in required annual financial reports. Kagan provided fresh insight into the struggle to craft a policy distinct from the ethics code that applies to other federal judges.
ProPublica – Brett Murphy and Alex Mierjeski | Published: 8/10/2023
During Clarence Thomas’s three decades on the Supreme Court, a cadre of industry titans and ultrawealthy executives have treated him to vacations aboard their yachts, ushered him into the premium suites at sporting events, and sent their private jets to fetch him – including, on more than one occasion, an entire 737. It is a stream of luxury that is both more extensive and from a wider circle than has been previously understood.
Once Rare, Impeachments and Censures Have Become the Norm in Congress
Seattle Times – Carl Hulse (New York Times) | Published: 8/8/2023
Proposals to censure lawmakers and impeach members of the Biden administration are piling up quickly in the U.S. House in an illustration of how once-solemn acts are becoming almost routine as the two parties seize on these procedures as part of their political combat. The proliferation of censures and cries for impeachment is troubling to some who see it as a threat to the standing of the institution as well as diminishing the weight such punishments are supposed to carry. Censure is the congressional penalty just below expulsion.
Trading Places: More lawmakers are swapping political parties
Yahoo News – Liz Champion (Politico) | Published: 8/9/2023
Ten state lawmakers nationwide switched parties in 2023. That includes six who jumped from one of the major parties to the other. In 2022, by contrast, just two state lawmakers changed affiliation between the Democrats and Republicans. The uptick in party transitions this year speaks to the growing polarization and party feuding inside state Capitols. In some states that saw allegiance flips, it had huge bearing on what legislation passed.
DeSantis, with a Subtle Maneuver, Hides His Small-Dollar Donations
Yahoo News – Rebecca Davis O’Brien and Shane Goldmacher (New York Times) | Published: 8/9/2023
When WinRed, the company that processes nearly all online Republican campaign contributions, recently released its trove of donor data for the first half of the year, contributions were conspicuously absent for one presidential candidate: Florida Gov. Ron DeSantis. It was no technical glitch. The DeSantis campaign worked with WinRed in a way that prevented the disclosure of donor information, ensuring the campaign’s small donors would remain anonymous.
Clarence Thomas’ $267,230 RV and the Friend Who Financed It
Yahoo News – Jo Becker and Julie Tate (New York Times) | Published: 8/5/2023
Supreme Court Justice Clarence Thomas’s Prevost Marathon cost $267,230, according to title history records. Thomas, who has told friends how he scrimped and saved to afford the motor coach, did not buy it on his own. In fact, the purchase was underwritten, at least in part, by Anthony Welters, a close friend who made his fortune in the health care industry. He provided Thomas with financing that experts said a bank would have been unlikely to extend, not only because Thomas was already carrying a lot of debt, but because the Marathon brand’s high level of customization makes its used motor coaches difficult to value.
From the States and Municipalities
Alaska – Top Alaska Officials Facing Ethics Complaints Could Get State Representation Under Proposed Rules
Anchorage Daily News – Becky Bohrer (Associated Press) | Published: 8/3/2023
The Alaska Department of Law is proposing rules that would allow the state to represent a governor, lieutenant governor, or attorney general in complaints against them alleging ethics violations. Currently, they must hire outside attorneys to represent them in such matters. Under the proposed rules, those officeholders could decline representation by the department and hire their own attorneys if they wished.
Arizona – ‘It’s Underway’: Probe begins into $24K mailer deal at Maricopa County Democratic Party
MSN – Mary Jo Pitzl (Arizona Republic) | Published: 8/7/2023
The interim director of the Maricopa County Democratic Party said he launched an investigation into the party’s handling of a $24,000 business deal that has led to accusations of cronyism, altered postal records, and cover-ups. The deal appeared to be intended to benefit the former executive director’s fiancé. The party spent $24,480 for a mass mailing before the November 2022 election. But the mailer never reached the mailboxes of the 118,000 Democrats for whom it was intended, and the money was only refunded months later, after the party’s attorneys demanded repayment.
California – Mayor Aitken Announces Reforms Anaheim City Council Will Start Considering
MSN – Michael Slaton (Orange County Register) | Published: 8/8/2023
Anaheim Mayor Ashleigh Aitken announced her plans for the city council to start discussing several new reforms in the wake of the release of an independent investigation into corruption at City Hall, including several changes focused on transparency. “The release of last week’s independent report confirmed the wrongdoing that many suspected was going on for years,” Aitken said in a news release. “… Restoring transparency and public confidence will take time, and reforms will likely come in stages.”
California – Investigators Allege Pattern of Lobbyists Potentially Violating Anaheim Disclosure Rules
MSN – Michael Slaton and Tony Saavedra (Orange County Register) | Published: 8/2/2023
Independent investigators hired by Anaheim said they found numerous potential violations of the city’s lobbying laws in the last decade, in what they described as a “pattern of behavior” by lobbyists. A report on corruption highlighted former Mayor Curt Pringle and Jeff Flint, the former chief executive of Core Strategic Group, saying they failed to report their lobbying activity to the city clerk, which investigators said was potentially a crime of perjury. To combat the issues described in their report, investigators recommended Anaheim create a city ombudsman/ethics officer, whose duties would include monitoring the lobbying reports submitted.
California – San Jose Grants Few Former Employees Lobbying Exemptions
San Jose Spotlight – Jana Kadah | Published: 8/4/2023
In San Jose, when you leave a job working for the city you are barred from lobbying anyone at City Hall for at least two years. But a handful of ex-employees are exceptions to the rule. The latest example is Allie Hughes, a former staffer for San Jose Councilperson David Cohen. She recently left the city to work as a lobbyist for Canyon Snow Consulting. City Attorney Nora Frimann recommended the exemption, citing Hughes’ limited time with the city.
Florida – Florida Says AP Psychology Doesn’t Violate the Law, After All
MSN – Laura Meckler (Washington Post) | Published: 8/9/2023
After days of confusion, the Florida education commissioner said high schools may teach Advanced Placement Psychology without running afoul of Florida law, including material on sexual orientation and gender identity. Commissioner Manny Díaz Jr. had told districts previously that the class could be offered, but only if material on those topics was excluded. Large school districts across Florida responded by dropping the course and began a stressful process of quickly preparing instructors to teach new curriculum.
Florida – Former Kissimmee Commissioner, County Commission Candidate Sentenced for Campaign Finance Violations
Yahoo News – Charles Frazier (WFTV) | Published: 8/9/2023
A former Kissimmee city commissioner who was accused of entering a 2022 race for the Osceola County Commission as a “ghost candidate” was sentenced to jail for campaign finance violations. According to the Florida Department of Law Enforcement, their investigation into Carlos Irizarry’s campaign began when they were notified of allegations that he was offered money to enter the race only to affect the outcome by taking votes from opposing candidate Jackie Espinosa.
Florida – Federal Judge Rules That Ban on Lobbying by Elected Officials Violates Free Speech
Yahoo News – Mary Ellen Klas (Miami Herald) | Published: 8/9/2023
A federal judge struck down a Florida law that restricted state and local officials lobbying other government bodies while in office. U.S. District Court Judge Beth Bloom sided with officials who argued the language in a 2018 ballot measure was too broad and poorly defined to comply with First Amendment protections on free speech. Bloom left intact another portion of the law that bans elected and appointed government officials from lobbying the agencies they represented for six years after leaving them.
MSN – Jason Meisner and Ray Long (Chicago Tribune) | Published: 8/6/2023
As the federal investigation into then-House Speaker Michael Madigan was heating up two years ago, prosecutors assured Tim Mapes, Madigan’s onetime chief of staff, would not be charged as long as he told the truth to a grand jury. But prosecutors allege Mapes lied repeatedly in his testimony in an ill-fated attempt to protect his longtime boss. Now, Mapes, a key member of Madigan’s inner circle, is on trial on perjury charges. His indictment marked an intriguing power play by the U.S. attorney’s office in what has become one of the biggest political corruption scandals in state history.
Kansas – Kansas Commerce Deputy’s Lucrative Contract May Trigger Stronger Conflict of Interest Laws
Yahoo News – Jason Alatidd (Topeka Capital-Journal) | Published: 8/3/2023
A Kansas lawmaker wants to rewrite conflict-of-interest laws in response to a state employee bidding on and winning a consulting contract. Paul Hughes, the former Commerce Department deputy secretary, formed Catapult Kansas while still employed by the state. He then bid on a consulting contract – he was the only bidder – and was awarded the contract for $180,000 a year.
Maine – Ballot Question Seeks to Ban Foreign Spending
The Center Square – Christian Wade | Published: 8/3/2023
Maine voters will have a say in whether foreign corporations should be allowed to spend money to sway the outcome. Supporters say the ballot question is aimed at eliminating a loophole in state law that allows foreign governments to spend money on referendum campaigns. Foreign entities cannot contribute to political candidates under both federal and state election laws.
Michigan – Pro-Trump Attorney Is Third Indicted in Michigan Vote Machine Probe
Bridge Michigan – Jonathan Oosting | Published: 8/3/2023
Stefanie Lambert Junttila, a pro-Trump attorney who challenged 2020 election results across the country, was charged with four felonies stemming from an alleged plot to illegally access Michigan voting machines. Lambert Junttila is the third suspect indicted by a grand jury in special prosecutor D.J. Hilson’s probe of the alleged tampering scheme. Matthew DePerno, the 2020 Republican nominee for state attorney general, was charged along with former state Rep. Daire Rendon.
Mississippi – Treasurer for Chris McDaniel Lt. Gov. Campaign Under Investigation by MS Attorney General
Yahoo News – Wicker Perlis (Jackson Clarion-Ledger) | Published: 8/4/2023
The treasurer for the lieutenant governor campaign of state Sen. Chris McDaniel is under investigation by the office of Mississippi Attorney General Lynn Fitch. A press release did not mention the McDaniel campaign directly, naming Thomas Datwyler, a Wisconsin-based political consultant who serves as the campaign treasurer, and Invest in Mississippi, a PAC Datwyler created in July. It is against the law for campaigns and PACs to coordinate or communicate with each other.
Nevada – Lombardo to Appeal Ethics Board Decision
MSN – Taylor Avery (Las Vegas Review-Journal) | Published: 8/9/2023
Nevada Gov. Joe Lombardo plans to appeal a recent state ethics board decision that found he violated the law by using his sheriff’s badge and uniform during his campaign for governor. Ethics Commission members voted to fine Lombardo $20,000 and censure him for four violations of state law barring the use of government time, property, or equipment for personal use.
New Jersey – It Was $10K in a Paper Bag. But Was It a Bribe Under the Law? It Sure Was, Says N.J.’s Top Court.
MSN – Ted Sherman (NJ Advance Media) | Published: 8/7/2023
The New Jersey Supreme Court said candidates who do not hold elected office can be charged under the state’s public official bribery laws. The court sided with state officials by ruling candidates do not need to win elections to be subject to the “plain words” of the bribery statute. The law was challenged by Jason O’Donnell, a former state lawmaker and candidate for mayor of Bayonne, who allegedly accepted $10,000 in cash from an individual in exchange for the promise to appoint them as tax counsel for the city.
New York – Hochul’s Husband Is Leaving Delaware North
Albany Times Union – Joshua Solomon | Published: 8/4/2023
William Hochul Jr., New York’s first gentleman, is departing his position as senior vice president and general counsel at Delaware North, a job that had led to a number of thorny issues for the governor. Hiswork at the high-powered gaming company has led to Gov. Kathy Hochul to recuse herself from matters that veer too close to that sector, including recent negotiations with the Seneca Nation over a contentious gaming compact.
New York – The Secret Hand Behind the Women Who Stood by Cuomo? His Sister.
MSN – Nicholas Fandos (New York Times) | Published: 8/7/2023
We Decide New York, a small but devoted group of mostly older women, banded together online to defend then-Gov Andrew Cuomo from a cascade of sexual misconduct claims that led to his resignation in August 2021. But it turns out the group’s online activity had secretly been ordered by someone even closer to the former governor’s cause: Madeline Cuomo, his sister. Documents give unusual insight into how far members of one of America’s most storied political families were willing to go to rehabilitate a fallen scion and humiliate those they believed had wronged him.
New York – Former De Blasio NYPD Security Chief Howard Redmond Pleads Guilty of Obstructing DOI Probe
MSN – Molly Crane-Newman, Graham Rayman, and Chris Sommerfeldt (New York Daily News) | Published: 8/9/2023
Howard Redmond, who as an New York City Police Department inspector who oversaw for Mayor Bill de Blasio and his family’s around-the-clock security, pleaded guilty to felony charges stemming from his work for City Hall. Assistant District Attorney Samantha Dworken said Redmond admitted to ignoring investigators and then hiding and deleting evidence. The two-year probe found de Blasio’s bodyguards operated like glorified chauffeurs, flying in the face of city ethics laws barring public servants from using city resources for personal benefit.
Ohio – Democrats May Embrace Abortion Rights Even More Tightly After Ohio Win
MSN – Toluse Olorunnipa, Rachel Roubein, and Patrick Marley (Washington Post) | Published: 8/9/2023
Ohio voters rejected a ballot measure that would have made it more difficult to amend the state constitution ahead of a November vote to ensure access to abortion. The issue of abortion has become a rare consistent source of electoral victories for Democrats over the past year. The result in Ohio, coming after voters in other Republican-leaning states like Kentucky and Kansas also rejected GOP efforts to restrict abortion, underscores how the issue has already reshaped the political landscape for 2024, Democratic pollster Celinda Lake said.
Ohio – Money Paid, Favors Done. Messages Detail Relationship Between Ohio Regulator and Energy Executives
Ohio Capital Journal – Marty Schladen | Published: 8/8/2023
In early 2019, news of financial ties between FirstEnergy and the man incoming-Gov. Mike DeWine named to lead the Public Utilities Commission of Ohio began to spread. As it did, FirstEnergy’s top executives feared they would not have a regulator they could control, according to court documents. As it happened, the nominee, Sam Randazzo, ended up being appointed to the commission after being paid $4.3 million by FirstEnergy. He proceeded to help draft a law providing the utility with a $1.3 billion bailout.
Oregon – Impeachment, Elected Official Pay, Ranked-Choice Voting: Lawmakers left big questions to voters
Oregon Capital Chronicle – Julia Shumway | Published: 8/7/2023
Oregon lawmakers will ask voters to weigh in on big questions in 2024, including how voting will work, whether lawmakers should be able to impeach top officials, and whether elected officials should receive raises. Before the legislative session ended in June, lawmakers voted to send three proposed laws to voters on their November 2024 ballots. More referrals could be coming. A majority of Democratic legislators support an effort to change quorum requirements for the House and Senate to prevent future walkouts like the one that just stalled the Legislature for six weeks.
Tennessee – Tennessee Lawmakers Expelled by GOP Win Back State House Seats
MSN – Andrew Jeong (Washington Post) | Published: 8/3/2023
Two Tennessee Democrats who were expelled from the state Legislature in April over their participation in a gun-control protest won back their seats. Reps. Justin Pearson and Justin Jones easily defeated their Republican opponents in districts that lean Democratic. Pearson won more than 90 percent of the votes. Jones received more than 75 percent.
Tennessee – Lawsuit Accuses Tennessee of ‘Racially Discriminatory’ Redistricting
MSN – Meagan Vazquez (Washington Post) | Published: 8/10/2023
A coalition of civil rights organizations and Tennessee residents filed a lawsuit challenging the state’s recently enacted congressional and state Senate redistricting plans, asserting the state violated the U.S. Constitution by diluting the voting power of African Americans and other voters of color in the state. The plaintiffs argue the plan unfairly fractured the power of Black voters and other minority voters in the Nashville and Memphis areas.
Texas – Austin City Council Member’s Husband Named to Ethics Commission That Oversees the Council
MSN – Ella McCarthy (Austin American-Statesman) | Published: 8/5/2023
A recent appointee to the Austin Ethics Review Commission is married to a current city council member. The commission conducts hearings and makes rulings on complaints alleging violations of the provisions within the commission’s jurisdiction, including complaint against city council members. Mayor Kirk Watson does not believe there are any legal or ethical concerns with the appointment, and Councilperson Paige Ellis and Espinoza feel their marriage will not affect Espinoza’s actions on the commission.
August 9, 2023 •
Wednesday’s LobbyComply News Roundup
Elections National: “DeSantis Replaces 2024 Campaign Manager in Continued Shakeup” by Steve Contorno and Kit Maher (CNN) for MSN Ohio: “Ohio Voters Reject Higher Bar for Altering Constitution, a Win for Abortion Rights Supporters” by Patrick Marley and Rachel Roubein (Washington Post) for MSN […]
Elections
National: “DeSantis Replaces 2024 Campaign Manager in Continued Shakeup” by Steve Contorno and Kit Maher (CNN) for MSN
Ohio: “Ohio Voters Reject Higher Bar for Altering Constitution, a Win for Abortion Rights Supporters” by Patrick Marley and Rachel Roubein (Washington Post) for MSN
Ethics
California: “Mayor Aitken Announces Reforms Anaheim City Council Will Start Considering” by Michael Slaton (Orange County Register) for MSN
National: “Supreme Court Struggling to Agree on Ethics Policy, Justice Kagan Says” by Ann Marimow (Washington Post) for MSN
National: “FEC Commissioner Trey Trainor Cleared of Ethics Violation After Insider Reporting Spurred Investigation” by Madison Hall (Business Insider) for MSN
New York: “The Secret Hand Behind the Women Who Stood by Cuomo? His Sister.” by Nicholas Fandos (New York Times) for MSN
Legislative Issues
National: “Once Rare, Impeachments and Censures Have Become the Norm in Congress” by Carl Hulse (New York Times) for Seattle Times
Procurement
Kansas: “Kansas Commerce Deputy’s Lucrative Contract May Trigger Stronger Conflict of Interest Laws” by Jason Alatidd (Topeka Capital-Journal) for Yahoo News
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.