January 6, 2023 • Written by Jim Sedor

News You Can Use Digest – January 6, 2023

National/Federal Advocacy Groups Denounce GOP Proposals to ‘Gut’ Ethics Office MSN – Kate Ackley (Roll Call) | Published: 1/3/2023 Ethics advocacy groups are sounding alarms that a proposal from House Republicans to change the Office of Congressional Ethics (OCE) could eviscerate […]

National/Federal

Advocacy Groups Denounce GOP Proposals to ‘Gut’ Ethics Office
MSN – Kate Ackley (Roll Call) | Published: 1/3/2023

Ethics advocacy groups are sounding alarms that a proposal from House Republicans to change the Office of Congressional Ethics (OCE) could eviscerate the watchdog, leaving it unable to function. The proposals, part of a package of new rules for the chamber, appear subtle but would have a major impact on the OCE, the groups say. Republicans have proposed term limits on OCE board members, a move that critics say would disproportionately affect Democratic members of the bipartisan body. The OCE would have to make hiring decisions within the first 30 days, a potentially impossible task if the board does not have a full slate.

House Joins Senate in Passing Electoral Count Act Overhaul in Response to Jan. 6 Attack
MSN – Amy Wang and Liz Goodwin (Washington Post) | Published: 12/19/2022

President Biden signed the omnibus spending bill to fund the federal government, which included the Electoral Count Reform and Presidential Transition Improvement Act. It amends an 1887 law and reaffirms the vice president has only a ministerial role at the joint session of Congress where electoral college votes are counted. The measure raises the threshold necessary for members of Congress to object to a state’s electors.

Jan. 6 Report Recommends Congress Ban Trump from Office
MSN – Amy Gardner, Rosalind Helderman, and Jacqueline Alemany (Washington Post) | Published: 12/22/2022

The House committee investigating attack on the U.S. Capitol recommended Congress consider barring former President Trump from ever holding public office again as a result of his role inciting that day’s insurrection. The committee released its final report, concluding 18 months of work with a carefully footnoted document intended to cement its findings that Trump’s conduct following the 2020 presidential election was to blame for the unprecedented assault on Congress.

Lobbyists Relish Return to Capitol After Years of COVID Restrictions
MSN – Karl Evers-Hillstrom (The Hill) | Published: 1/5/2023

Lobbyists returned to Capitol Hill on January 3. The end of strict rules for visitors at the Capitol will boost K Street’s visibility in time for the new Congress. Thousands of lobbyists roamed the Capitol campus without an appointment or congressional escort for the first time since March 2020, when Congress implemented COVID-19 restrictions. The rules made it difficult for lobbyists to meet with lawmakers in their offices. Congressional aides and K Street representatives increasingly relied on Zoom calls because getting people into Capitol buildings required too much time and planning.

Sam Bankman-Fried Funded More Than 90% of a Leading DC Ethics Group’s Political Arm in 2021
MSN – Brent Griffiths and Dave Levinthal (Business Insider) | Published: 12/29/2022

Indicted cryptocurrency financier Sam Bankman-Fried donated $760,000 to the Campaign Legal Center’s (CLC) action fund in 2021. The contribution amounted to more than 95 percent of CLC Action’s revenue for that year and roughly 94 percent of its expenses. Bankman-Fried’s spending helped support CLC Action, a 501(c)(4), as well as the ethics watchdog’s tax-exempt charitable arm. Under its action group, the CLC filed a number of prominent lawsuits in 2021.

Santos, a Suburban House and $11,000 in Campaign Payments for ‘Rent’
DNyuz – Grace Ashford and Dana Rubinstein (New York Times) | Published: 12/29/2022

There were a series of unusual disbursements in U.S. Rep.-elect George Santos’s campaign filings that experts say could warrant further scrutiny. There are also dozens of expenses pegged at $199.99, one cent below the threshold at which federal law requires receipts. It is not known if the spending was illegal, or merely unusual. Federal and local prosecutors said they would begin inquiries into Santos’s finances and background. A New Yor Times investigation revealed he misrepresented details of his education, work history, and property ownership, along with a previously undisclosed criminal charge in Brazil.

The ‘Red Wave’ Washout: How skewed polls fed a false election narrative
DNyuz – Jim Rutenberg, Ken Bensinger, and Steve Eder (New York Times) | Published: 12/31/2022

Polling helped feed what quickly became an inescapable political narrative in 2022: a Republican wave election was about to hit the country. In the election’s immediate aftermath, the polling failures appeared to be in keeping with misfires in 2016 and 2020, when the strength of Donald Trump’s support was widely underestimated and with the continuing struggles of an industry that arose with the corded home telephone to adapt to the mass migration to cellphones and text messaging. A New York Times review of the forces driving the narrative of a coming red wave, and of that narrative’s impact, found new factors at play.

Trump Tax Returns Undermine His Image as a Successful Entrepreneur
DNyuz – Jim Tankersley, Susanne Craig, and Russ Buettner (New York Times) | Published: 12/30/2022

House Democrats released six years of former President Trump’s tax records, offering new insight into his business dealings that further undermined his long-cultivated image as a successful businessperson. The release contained thousands of pages of tax documents, including individual returns for Trump and his wife, as well as business returns for several of the hundreds of companies that make up his business organization.

Twitter Reverses Longstanding Ban on Political Advertising
MSN – Elizabeth Dwoskin (Washington Post) | Published: 1/3/2023

Twitter said it was relaxing its ban on political and issue-based advertising, a reversal of the company’s long-standing approach to paid political speech. The policy change, which comes at a moment when major advertisers are defecting from the social media platform, would allow candidates and advocacy groups to spend money to promote themselves and their causes on the service. The company announced the change and promised to “share more details” as the work got underway. There was no explanation of why Twitter made the changes or how extensive the changes would be.

From the States and Municipalities

Arizona – After Overwhelming Voter OK, Political ‘Dark Money’ Law Hailed as Model
Cronkite News – Emilee Miranda | Published: 12/23/2022

Proposition 211, which Arizona voters approved in November, requires independent organizations that spend $50,000 or more in an election cycle to support or oppose a candidate or issue in a statewide race identify any donors who gave $5,000 or more. The trigger for disclosure in local campaigns, such as city council or school board races, is $25,000. Supporters call the ballot measure a model for the rest of the country, while opponents call it a threat to free speech.

Arizona – Gov.-Elect Hobbs Refuses to Disclose Donors to Inaugural Party
Arizona Daily Star – Bob Christie (Capitol Media Services) | Published: 1/1/2023

Arizona Gov. Katie Hobbs is kicking off her term with a celebratory ball, a first for a new governor since Fife Symington had one in the 1990s. But Hobbs, who touted transparency as part of her leadership, has refused to disclose which people or corporations are paying for the party. The lack of full public disclosure extended to her taking the oath of office on January 2. That event was closed to the public and media, with the exception of a news photographer.

Arizona – Judge Rules Against Kari Lake in Bid to Overturn Arizona Election Results
MSN – Isaac Stanley-Becker and Yvonne Wingett Sanchez (Washington Post) | Published: 12/24/2022

A judge rebuffed an effort by Kari Lake, the defeated Republican candidate for governor in Arizona, to reverse the outcome of the November election, ruling against her after a trial that showcased speculation about systematic malfeasance at the polls but failed to prove it. The finding was in line with recent judgements against Abe Hamadeh and Mark Finchem, the unsuccessful candidates for attorney general and secretary of state, respectively, who also challenged their losses. The rulings show how the judiciary in Arizona rejected challenges to election results and affirmed the will of voters.

Arizona – Phoenix Council Members’ Suns Arena Suite Usage Raises Ethics Policy Questions
Yahoo News – Taylor Seely (Arizona Republic) | Published: 12/26/2022

For years, the city of Phoenix has had access to a luxury suite at the Footprint Center to promote economic development, but a controversy about city council members attending NBA playoff games and concerts the past two years is prompting discussion over whether or when such activity is ethically acceptable. While no one at City Hall says the council members violated the suite usage policy, some there are questioning whether it was appropriate for elected leaders to attend events in the skybox with campaign donors. Others wonder if it causes a perception problem.

California – Buried Treasure: California politicians stash $35 million in leftover campaign cash
MSN – Alexei Koseff and Ben Christopher (CalMatters) | Published: 12/21/2022

There are nearly 100 accounts belonging to political candidates in California with leftover campaign money. Some of the politicians holding onto past campaign contributions are simply waiting to figure out their next race, at which point they may tap into those eligible funds. Others are using the money to keep a foothold in the public arena, slowly spending down what is left on political donations, charitable contributions, and administrative expenses. Some of the money is merely sitting idle, in accounts where nothing much goes in or out, save interest and annual state filing fees.

California – Will Pay to Play Politics Be Curbed in the New Year?
Voice of OC – Spencer Custodio | Published: 1/3/2023

A new law in California aimed at curbing “pay-to-play” schemes at the local level across the state takes effect this year but questions are mounting on how effective it will be. The law mandates a 12-month waiting period for local elected officials to vote on items that could benefit campaign donors who gave $250 or more, among other provisions. Critics say it does not go far enough, arguing special interests can simply wait out the time restriction or bypass it by spending through PACs.

Florida – Florida’s Expanded Lobbying Ban Faces Legal Challenge. Some Officials Already Resigned
MSN – Anna Ceballos (Miami Herald) | Published: 12/30/2022

Five elected officials in Miami-Dade, Palm Beach, and Leon counties are suing to block new lobbying restrictions that are among the toughest in the country. The measures prohibit elected officials in the state from working as lobbyists while holding public office, and bar state and local elected officials from lobbying their state agencies or offices for six years after leaving office. The court will hear arguments in the case on January 27. In the meantime, a number of public officials will be forced to decide whether to quit public office or their private jobs, said attorney Scott Hiaasen.

Florida – Newly Released Records Show Top DeSantis Adviser Used Private Email and Alias to Coordinate Migrant Flights
MSN – Matt Dixon (Politico) | Published: 12/28/2022

Florida Gov. Ron DeSantis’s top safety official helped write language that helped a former legal client secure a state contract to oversee a controversial program to fly migrants from the southern border to Martha’s Vineyard. In the process, the official, Larry Keefe, used a non-public email address that made it appear emails were coming from “Clarice Starling,” the main character from “The Silence of the Lambs.” They show Keefe helping Vertol Systems, who he represented when in private legal practice, draft invoice language the company used when submitting its proposal to the Florida Department of Transportation.

Illinois – Mayor Lori Lightfoot Wanted Chicago Bears to Change Her Season Ticket Seats Over Security Concerns
MSN – Gregory Pratt (Chicago Tribune) | Published: 1/5/2023

Citing security concerns, Mayor Lori Lightfoot’s administration in 2019 requested “updating” her Chicago Bears season tickets, which she had held for years before being elected months earlier. Lightfoot’s security detail worried she would be hard to protect in the seats on the stadium’s 400 level, so they approached the Bears about moving her to a different location. Team officials worked with Lightfoot’s representatives to try to move the mayor’s seats, but the Bears had a problem of their own. A 2016 city ethics board ruling complicated the question of whether they could offer the mayor a free or even face-value upgrade.

Kansas – A Battle Over Subpoenas of Kansas Republican Officials Is Heating Up. Here Is What’s at Stake.
Yahoo News – Andrew Bahl (Topeka Capital Journal) | Published: 12/27/2022

A judge declined a request from the Kansas Governmental Ethics Commission to shield from the public hearings and documents related to a court tussle over subpoenas of top Republican Party officials. The cases regarding each of the seven individuals are at varying stages of adjudication, with the matter dismissed for some but ongoing for others. Attorneys for some of the defendants have sought to strike the commission’s court efforts under a state statute designed to crack down on lawsuits that are deemed to silence citizens.

Kansas – Newly Elected Kansas Attorney General Kris Kobach Fined $30,000 by FEC for Illegal Contribution from ‘WeBuildTheWall’ Scam Organization
Yahoo News – Bryan Metzger (Business Insider) | Published: 12/30/2022

Incoming Kansas Attorney General Kris Kobach was fined $30,000 by the FEC for violating campaign finance laws during a failed 2020 U.S. Senate campaign. Kobach’s campaign rented the email list of “WeBuildTheWall, Inc.” for just $2,000 in 2019, significantly below the normal rate for corporate list rentals. The FEC found that discrepancy constituted an illegal in-kind contribution from a corporation.

Maryland – Nick Mosby Files Last-Minute Rebuttal to Ethics Charges, Suggesting Next Week’s Court Hearing Will Be Delayed
Baltimore Brew – Mark Reutter | Published: 1/3/2023

The Baltimore Board of Ethics asked a judge to penalize city council President Nick Mosby for noncompliance, saying he “is seeking only to delay” the proceedings in a case concerning a fundraiser that collected over $14,000, including $5,100 from persons doing business with the city, for Mosby’s legal defense fund. A fine of up to $1,000 a day can be imposed for failing to follow a city ethics order. Mosby’s attorney recently filed a court document that argues the board misapplied ethics rules and prohibitions against gifts to elected officials to ensnare his client, which is likely to further delay a hearing in the matter.

Montana – Lawmakers Deadlock on Political Practices Commissioner
Montana Free Press – Alex Sakariassen | Published: 1/3/2023

A panel of four state legislators reached an impasse over who should become Montana’s next commissioner of political practices. Now, the task of selecting a candidate falls squarely on Gov. Greg Gianforte, whose office has yet to provide a glimpse of any frontrunner. Five candidates appeared before the committee to answer questions about their past political affiliations, lobbying activity, and understanding of the commissioner’s responsibilities in state government.

New Jersey – NJ Law Is Meant to Increase Campaign Finance Transparency. It Also Guts Local Pay-to-Play Rules.
Gothamist – Nancy Solomon | Published: 12/26/2022

The New Jersey Legislature is on the verge of changing the state’s campaign finance restrictions, despite opposition from good government groups. The Elections Transparency Act would double the amount individuals or groups could give to non-gubernatorial candidates, parties, and county party organizations. It also would dismantle local laws that prohibit campaign donations from people who do business directly with local government and regulate all those contributions through state law instead.

New Mexico – Albuquerque Officials Will Have to Reveal More About Their Personal Finances in 2023
Albuquerque Journal – Jessica Dyer | Published: 1/1/2023

Albuquerque Mayor Tim Keller signed legislation updating the city’s ethics code regarding how much financial information the mayor and council members must reveal. City Clerk Ethan Watson said the new rules mirror financial disclosure standards once proposed for state officials but never adopted at that level. He said Albuquerque is now at the forefront of transparency policy.

New York – New York State Lawmakers to Be the Highest Paid in Nation at $142,000
Yahoo News – Joseph Spector (Politico) | Published: 12/22/2022

The New York Legislature voted to increase the pay of lawmakers who take office on January 1 from $110,000 to $142,000 a year, making it by far the highest paid state legislative body in the country. The next highest is California where lawmakers get $122,694. Gov. Kathy Hochul signed the bill into law. Democrats defended the 29 percent increase, saying their salaries were stuck at $79,500 for 20 years before jumping to $110,000 in 2019 after a recommendation from a special compensation committee. The deal also includes limiting lawmakers’ outside income to no more than $35,000 a year.

North Carolina – New Year Brings Higher Limits for North Carolina Campaign Contributions
The Center Square – Victor Skinner | Published: 1/4/2023

The new year triggered higher campaign contribution limits in North Carolina to candidates and political committees, with the cap now set at $6,400. The State Board of Elections recalculates the donation limit every odd-numbered year based on the Consumer Price Index.

North Carolina – North Carolina Will Not Prosecute Mark Meadows for Voter Fraud
MSN – Meryl Kornfield and Kyle Rempfer (Washington Post) | Published: 12/30/2022

Mark Meadows, who was chief of staff to President Trump, will not be charged for voter fraud related to his 2020 registration and absentee vote in North Carolina, the state’s chief law enforcement official said. Meadows was under investigation after media reports that said the voter registration for Meadows listed a mobile home in Scaly Mountain, North Carolina he had never owned, stayed at, or visited.

Ohio – FirstEnergy Secretly ‘Engaged’ Corey Lewandowski to Lobby Trump for a Public Bailout, Subpoenaed Records Confirm After Years of Denials
Energy and Policy Institute – Dave Anderson | Published: 12/22/2022

FirstEnergy secretly ‘engaged’ Donald Trump’s former campaign manager, Corey Lewandowski, to lobby the White House to deliver a public bailout for the utility company’s coal and nuclear power plants in 2017 and 2018, records released by the Ohio Consumers’ Counsel show. Lewandowski never registered as a federal lobbyist during the Trump administration and has for years denied worked for FirstEnergy as the company lobbied to secure a federal bailout.

Ohio – FirstEnergy to Pay $3.9M Fine for Withholding Lobbying Info from Federal Regulators
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 1/3/2023

FirstEnergy will pay $3.9 million for failing to fully provide the Federal Energy Regulatory Commission (FERC) with requested lobbying and accounting information. The utility admitted it violated the FERC’s “duty of candor” rule and agreed to two years of compliance monitoring. FirstEnergy is continuing to work through issues related to bribes it doled out in support of House Bill 6, energy legislation in Ohio that provided about $1 billion to two nuclear power plants owned by a former subsidiary.

Oregon – The State Elections Director Advocated for Compliance and Investigations. Her Boss Says She ‘Didn’t Get It.’
Willamette Week – Nigel Jaquiss | Published: 1/4/2023

Deborah Scroggin’s resignation as Oregon’s elections director came 18 months after Secretary of State Shemia Fagan hailed her hiring following a nationwide search. But emails and interviews reveal Scroggin, a stickler for rules and transparency, and Fagan, who rose rapidly to the state’s second-highest office based on her bold approach to politics, were never on the same page. Initially, the Associated Press reported Scroggin stepped down because of the pressure of dealing with misinformation about elections. But when reporters asked her to confirm that explanation, Scroggin said Fagan had, in fact, asked for her resignation.

Pennsylvania – Mayoral Candidate Allan Domb Has Triggered the ‘Millionaire’s Amendment’ for Campaign Fundraising
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 1/4/2023

Mayoral candidate and real estate magnate Allan Domb triggered the “millionaire’s amendment” of Philadelphia’s political fundraising rules, which doubles the annual limits on how much money campaigns can raise from donors if any candidate gives their campaign $250,000 or more out of their own pocket. The limit on contributions from individuals is now $6,200, and $25,000 on donations from corporations or political committees. The provision stays in effect even if Domb drops or out of the race.

Pennsylvania – Philly’s Board of Ethics Has Fined Councilmember Kenyatta Johnson and Mayoral Candidate Allan Domb
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 12/22/2022

Philadelphia City Councilperson Kenyatta Johnson and former council member Allan Domb agreed to pay $2,000 in fines for violating city ethics rules in unrelated cases that involve mishandling required disclosures of real estate interests. Domb failed to follow the city’s process for disclosing conflicts-of-interest when the council considered legislation that affected a property in which he has an ownership stake. Johnson was investigated for failing to list rental income on his public financial disclosure after The Philadelphia Inquirer reported the omission.

Texas – Individuals and Other Politicians Can Spend Money on Texas House of Representatives Race, Court Agrees
MSN – Robert Garrett (Dallas Morning News) | Published: 1/4/2023

A federal judge permanently barred the state from enforcing laws that prevent outside money from being spent on a race for Texas House speaker. Three individuals had sued, saying they wished to make expenditures on behalf of Rep. Tony Tinderholt, who is challenging current Speaker Dade Phelan. The trio argued the restrictions violate the First Amendment, specifically its protections for freedom of speech and association.

January 5, 2023 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance California: “Will Pay to Play Politics Be Curbed in the New Year?” by Spencer Custodio for Voice of OC Kansas: “Newly Elected Kansas Attorney General Kris Kobach Fined $30,000 by FEC for Illegal Contribution from ‘WeBuildTheWall’ Scam Organization” […]

January 4, 2023 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “Sam Bankman-Fried Funded More Than 90% of a Leading DC Ethics Group’s Political Arm in 2021” by Brent Griffiths and Dave Levinthal (Business Insider) for MSN New Jersey: “NJ Law Is Meant to Increase Campaign Finance Transparency. […]

January 3, 2023 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance National: “Santos, a Suburban House and $11,000 in Campaign Payments for ‘Rent’” by Grace Ashford and Dana Rubinstein (New York Times) for Yahoo News Arizona: “After Overwhelming Voter OK, Political ‘Dark Money’ Law Hailed as Model” by Emilee […]

December 23, 2022 • Written by Jim Sedor

News You Can Use Digest – December 23, 2022

National/Federal An ‘Imperial Supreme Court’ Asserts Its Power, Alarming Scholars Yahoo News – Adam Liptak (New York Times) | Published: 12/19/2022 The conventional critique of the U.S. Supreme Court these days is that it has lurched to the right and is […]

National/Federal

An ‘Imperial Supreme Court’ Asserts Its Power, Alarming Scholars
Yahoo News – Adam Liptak (New York Times) | Published: 12/19/2022

The conventional critique of the U.S. Supreme Court these days is that it has lurched to the right and is out of step with the public on many issues. Recent legal scholarship makes a deeper point, saying the current court is distinctive in a different way: it has rapidly been accumulating power at the expense of every other part of the government.

Bribery Case Cracks Open European Parliament – and Finds Hidden Cash
DNyuz – Matina Stevis-Gridneff, Monika Pronczuk, Tariq Panja, and Sarah Hurtes (New York Times) | Published: 12/15/2022

Belgian authorities uncovered what prosecutors say was a cash-for-favors scheme at the heart of the European Union. It highlighted the vulnerabilities in an opaque, notoriously bureaucratic system that decides policies for 450 million people in the world’s richest club of nations. The investigation has jolted Brussels and unleashed a flurry of whispered accusations of corrupt behavior by lawmakers of all political stripes. It has also sparked scrutiny of foreign influence at a time when the European Union is asserting itself on issues like human rights and the war in Ukraine.

Congress Passes Bill to Rein in Conflicts of Interest for Consultants Such as McKinsey
ProPublica – Ian MacDougall | Published: 12/16/2022

Congress passed a bill that takes aim at the risk of improper influence when government contractors work for both federal agencies and private-sector clients. President Joe Biden is expected to sign the legislation. The bill makes several changes to federal contracting rules. It includes provisions requiring contractors to disclose information about potential conflicts-of-interest and clarifying when a contractor’s work for outside clients may create such a conflict. The bipartisan group of senators who sponsored the bill cited the consulting giant McKinsey & Company’s work for the Food and Drug Administration.

House Committee Votes to Make Public Trump’s Tax Returns
MSN – Michael Kranish, Jonathan O’Connell, Amy Wang, Azi Paybarah, and Marianna Sotomayor (Washington Post) | Published: 12/20/2022

The House Ways and Means Committee voted to release former President Trump’s tax returns, capping a protracted legal and political battle. After the vote, the committee revealed the IRS did not audit Trump’s returns during his first two years in office, despite a rule mandating such reviews, and never completed any audits while he served. The IRS began its first audit of Trump’s returns on the same day that Ways and Means Committee Chairperson Richard Neal sent a written request in April 2019 for the information and then assigned the bulk of the work to just one agent, the panel said.

In Testimony, Hannity and Other Fox Employees Said They Doubted Trump’s Fraud Claims
Seattle Times – Jeremy Peters (New York Times) | Published: 12/21/2022

Sean Hannity said in a sworn deposition he did not believe Sidney Powell’s claims that voting machines were rigged to help Joe Biden in the 2020 election when she appeared on his show. Dominion Voting Systems is suing Fox News for defamation. Hannity’s disclosure, along with others that emerged from court about what Fox News executives and hosts really believed as their network became one of the loudest megaphones for lies about the 2020 election being stolen from Donald Trump, is among the strongest evidence yet to emerge publicly that some Fox employees knew what they were broadcasting was false.

Jan. 6 Panel Urges Trump Prosecution with Criminal Referral
MSN – Eric Tucker, Mary Claire Jalonick, and Farnoush Amiri (Associated Press) | Published: 12/19/2022

The House committee investigating the January 6 insurrection recommended criminal charges against former President Trump and associates who helped him launch a wide-ranging campaign to overturn his 2020 election loss. The committee alleged violations of four criminal statutes by Trump, in both the run-up to the riot and during the insurrection itself, as it recommended the former president for prosecution to the Justice Department. Among the charges is aiding an insurrection, an effort to hold him directly accountable for his supporters who stormed the Capitol that day.

Lawyer for Key Jan. 6 Witness Seeks to Rebut Panel’s Claim of Interference
MSN – Maggie Haberman and Luke Broadwater (New York Times) | Published: 12/20/2022

A former lawyer for a White House aide who became a key witness for the January 6 House select committee took a leave of absence from his law firm and defended himself against what he said were false insinuations that he had interfered with his client’s testimony. Stefan Passantino represented Cassidy Hutchinson, an aide to the White House chief of staff at the end of the Trump administration. The committee suggested that people connected to Donald Trump had attempted to influence at least one witness’s testimony, promising her jobs that never materialized and coaching her to be less than forthcoming with the panel.

Scam PAC Operator Uncovered by CNN’s KFile Pleads Guilty in Federal Court
MSN – Andrew Kaczynski and Em Steck (CNN) | Published: 12/20/2022

Matthew Tunstall pleaded guilty to conspiracy to commit wire fraud and money laundering while operating two so-called scam PACs during the 2016 election and collecting more than $3 million from unwitting donors. Tunstall was one of three men the Justice Department charged with multiple counts in perpetuating the fraud. The scheme tricked people into giving them money by using robocalls and written solicitations meant to imply they were supporting 2016 presidential candidates. The PACs’ operators used the funds to enrich themselves and pay for more robocalls and radio advertisements.

Skepticism Before a Search: Inside the Trump Mar-a-Lago documents investigation
Anchorage Daily News – Devlin Barrett, Jacqueline Alemany, Perry Stein, Josh Dawsey, Ann Marimow, and Carol Leonnig (Washington Post) | Published: 12/21/2022

FBI officials had a lot to worry about as they discussed whether to search one of Donald Trump’s homes for evidence of crimes. They decided any search warrant should be authorized by the attorney general himself, and they did not want the former president to be at Mar-a-Lago when it happened. The FBI also was wary of the remote possibility of a confrontation between the federal agents searching the location and the Secret Service agents who guard the former president. Leaders of the Justice Department were proceeding cautiously as well, agreeing with the FBI on these points even as tensions sometimes flared between agents and prosecutors.

‘THE Central Issue’: How the fall of Roe v. Wade shook the 2022 election
Yahoo News – Elena Schneider and Holly Otterbein (Politico) | Published: 12/19/2022

In May 2022, the midterm elections looked bleak, if not disastrous, for Democrats. But in dozens of focus groups, held by Democrats and Republicans in the wake of the U.S. Supreme Court’s ruling that struck down Roe v. Wade, campaign strategists kept making the same finding: abortion had not simply awakened Democratic voters, it was influencing swing voters. In many battleground and red-leaning states and districts, especially where Democrats spent millions of dollars to keep it at the forefront for voters, abortion access played an outsized role, reversing the party’s once abysmal outlook and stemmed the GOP’s expected “red wave.”

This Year’s Ballot Measures Will Change How Many Americans Vote
Center for Public Integrity – Aaron Mendelson | Published: 12/15/2022

Voting itself was on the ballot in the 2022 midterm elections, with initiatives seeking to revamp election laws in states across the country. Measures that promoted early voting and increased access to the ballot box saw wins in multiple states, but so did restrictive proposals that tightened voter ID laws or barred non-citizens from voting on local matters. The ballot measures suggest voters may take a more nuanced view on democracy than the politicians they elect, said Jasleen Singh of the Brennan Center for Justice.

Top Government Ethics Officer Was Late Disclosing His Personal Finances on Multiple Occasions
MSN – Kimberly Leonard (Business Insider) | Published: 12/20/2022

Office of Government Ethics General Counsel David Apol missed deadlines to report at least 12 different financial transactions since 2015. In two instances representing five transactions, he filed his federally mandated reports several months passed the deadline. Improperly reporting purchases and sales of bonds or stocks is a violation of the STOCK Act. Apol paid a fine for a late disclosure in 2020, certified documents show. His responsibilities include reviewing financial disclosures and writing ethics guidance for nearly 3 million federal employees.

U.S. Scrutinizes Political Donations by Sam Bankman-Fried and Allies
DNyuz – Kenneth Vogel and Ken Bensinger (New York Times) | Published: 12/17/2022

After cryptocurrency entrepreneur Sam Bankman-Fried was charged with multiple crimes, including campaign finance violations, prosecutors reached contacted campaigns and committees that had received millions of dollars from Bankman-Fried and his colleagues. The Justice Department’s inquiries appear to be an effort to gather evidence against Bankman-Fried and other former FTX executives, rather than against their political beneficiaries. Bankman-Fried is accused of conspiring with unnamed others to violate campaign finance laws that prohibit corporate donations to candidates’ campaigns and bar “straw donations.”

While Advising Trump on Judges, Conway Sold Her Business to a Firm with Ties to Judicial Activist Leonard Leo
MSN – Heidi Przybyla (Politico) | Published: 12/20/2022

Judicial activist Leonard Leo appears to have helped facilitate the sale of former White House adviser Kellyanne Conway’s polling company in 2017 as she was playing a key role in advocating for Leo’s handpicked list of U.S. Supreme Court candidates. The transaction came at a critical moment for Conway, shortly after her ownership of The Polling Company had come under scrutiny from a congressional committee for potential “conflicts-of-interest,” likely creating pressure to unload it even though its value was unclear because she was its biggest asset and committed to her White House job.

From the States and Municipalities

Arizona – Campaign Donors Attended Suns Games, Concerts with Council Members in Phoenix Suite
Axios – Jessica Boem | Published: 12/21/2022

Donors to Phoenix City Council campaigns attended concerts and sporting events with those council members in a city suite. The suite is to be used to promote the city, host distinguished guests, and enhance relationships with public agencies. It can also be used for youth groups or adults with developmental disabilities. Councilperson Laura Pastor said as the chair of the Economic Development and Equity Subcommittee, her time in the suite was “spent promoting the city and building strong relationships with businesses and labor groups.”

California – Beverly Hills Developer Gets 4 Years in Prison for Bribing L.A. County Official
MSN – Michael Finnegan (Los Angeles Times) | Published: 12/15/2022

A developer was sentenced to four years in prison for bribing a Los Angeles County official. Arman Gabaee admitted giving Thomas Shepos dozens of cash payoffs during furtive meetings in cars, restaurants, and men’s rooms while reaping lucrative real-estate leases in return. He also offered to buy Shepos a $1-million home in return for the county spending $45 million to lease office space at a Gabaee property. U.S. District Court Judge George Wu called the case an example of “systemic” public corruption. “There is so much of it going around,” the judge said.

California – Oakland Councilmember Rebecca Kaplan Fined $19,000 for Not Disclosing Property She Owned
MSN – Shomik Mukherjee (Bay Area News Group) | Published: 12/15/2022

Oakland City Council member Rebecca Kaplan was fined $19,000 for voting to fund millions of dollars in improvements for a large waterfront park after failing to disclose she and her parents owned a condominium nearby. Investigators determined Kaplan most likely made an honest mistake, though she had enough experience to know better. She did not list the condo’s address on her Form 700, in which elected officials must disclose annually their real property interests, later telling investigators she had not fully understood the reporting requirements.

Colorado – $10,000 Contribution to County Commissioner Did Not Require Recusal, Appeals Court Says
Denver Gazette – Michael Karlik (Colorado Politics) | Published: 12/16/2022

A judge was wrong to conclude a Larimer County Commission member needed to recuse himself from a land-use vote in which one of the parties was responsible for nearly 20 percent of his campaign contributions, the Colorado Court of Appeals ruled. Applying U.S. Supreme Court precedent, Judicial District Court Judge Juan Villaseñor considered the contributions so outsized as to suggest Donnelly would not be a neutral decision-maker, which is a key component of due process.

Colorado – The Fair Elections Fund Rollout Is Facing Issues. City Council and the Clerk and Recorder’s Office Are Discussing Last-Minute Fixes
Denverite – Kyle Harris | Published: 12/14/2022

The rollout of Denver’s Fair Election Fund, which aims to level the playing field between well-funded candidates and those with fewer resources, has been sort of messy. The April 4 election cycle is well underway, but questions about issues like donation limits, the qualifying period, and reporting deadlines linger. Now, the Clerk and Recorder’s Office is taking tweaks to the rules to the city council’s Finance and Governance Committee, hoping to make last-minute changes.

Connecticut – Bacon Brothers and Lobbyists Are Players at Lamont’s Inaugural Ball
MSN – Mark Pazniokas (Connecticut Mirror) | Published: 12/20/2022

Connecticut Gov. Ned Lamont’s second inaugural ball on January 4 will feature live music by the Bacon Brothers and a pre-party reception with the governor to thank sponsors who give as much as $25,000. Inaugural balls are perhaps the last place where a lobbyist or state contractor can exceed a $50 annual limit on entertaining an elected official. Contributions to an inaugural are deemed a gift to the state, not an individual. The inauguration itself is free and open to the public.

Florida – Miami Beach Limits Developers’ Spending on Elections. Here’s How They Get Around It
MSN – Aaron Leibowitz (Miami Herald) | Published: 12/16/2022

Developers and lobbyists seeking certain city approvals in Miami Beach, as well as active city vendors, are barred from donating to campaigns under rules that have expanded over the past two decades. The city’s laws, which are among the strictest in Miami-Dade County, say those on a list maintained by the city clerk’s office, cannot give to campaigns, either “directly or indirectly.” A Miami Herald review found that despite the city’s efforts to curb the influence of money in politics, Miami Beach developers routinely circumvent the rules and give to campaigns in various ways.

Florida – Pompano Vice Mayor Beverly Perkins Accused of Misusing Leftover Campaign Funds in 2020 Election
MSN – Lisa Huriash (South Florida Sun-Sentinel) | Published: 12/20/2022

Pompano Beach Vice Mayor Beverly Perkins, under investigation by Broward’s top government watchdog, is accused of misusing thousands of dollars in leftover campaign funds following her successful reelection campaign in 2020. The Broward Office of the Inspector General found Perkins and her treasurer made 22 post-election expenditures totaling $7,381.92, including J. Mark’s Restaurant and Bar, Costco, and Dollar Tree. The inspector general’s office will refer the case to prosecutors.

Hawaii – Honolulu Teacher Violated Ethics by Accepting $16,600 From School Volunteer
Honolulu Civil Beat – Viola Gaskell | Published: 12/16/2022

The Hawaii Ethics Commission said a teacher at Moanalua Elementary School must return $16,600 given to her by an elderly donor who volunteered at the school. The donor gave Irene Bayudan six cashier’s checks while working on volunteer projects with her at the school, all of which she deposited into her personal bank account. The donor told the commission he gave Bayudan the money because “he felt that teachers were underpaid and he wanted to help her out.”

Illinois – Judge Gives 16 Months to Chinatown Developer Whose Cooperation Helped Kick Off Massive Corruption Probe
MSN – Jason Meisner (Chicago Tribune) | Published: 12/21/2022

Developer See Wong was sentenced to 16 months in prison for a $1.65 million fraud scheme stemming from a condominium project in Chicago that collapsed amid the global financial crisis in the late 2000s. Wong received a break on his sentence because of his cooperation with federal authorities – including wearing a wire on former Ald. Daniel Solis – that helped ensnare Solis, former Ald. Edward Burke, and ex-House Speaker Michel Madigan in what has become one of the biggest public corruption cases ever brought in Chicago.

Maryland – Ethics Board Asks Judge to Fine Council President Mosby $1,000 Per Day
MSN – Chris Berinato and Maxine Streicher (WBFF) | Published: 12/20/2022

The Baltimore City Board of Ethics is asking a judge to fine city council President Nick Mosby up to $1,000 per day for failing to comply with its order to stop fundraising and disclose legal defense fund donors. In May, the Board determined Mosby violated ethics rules when a legal defense fund was established in his name and some contributions had come from city contractors.

Maryland – Harford County Withholds Jacob Bennett’s Council Paycheck Amid Lawsuit
MSN – Jason Fontelieu (Baltimore Sun) | Published: 12/20/2022

Harford County Councilperson Jacob Bennett did not receive a paycheck from the county when council members were paid. Bennett has faced backlash from County Executive Bob Cassilly due to a provision in the law that Cassilly believes prevents Bennett from serving on the council while maintaining his job as a public-school teacher. Lawyers for the Maryland State Education Association and Harford County Public Schools have said there is no conflict-of-interest preventing Bennett from serving on the council.

Massachusetts – A Charlie Baker-Aligned Super PAC Broke State Law by Touting Him as ‘Special Guest’ at Fundraiser, Regulators Say
MSN – Matt Stout (Boston Globe) | Published: 12/16/2022

A super PAC aligned with Massachusetts Gov. Charlie Baker broke state campaign finance law when it advertised him as a special guest at a summer fundraiser, despite being previously warned by regulators that using Baker’s name to raise cash was not allowed, according to a letter officials sent the group. The Massachusetts Majority PAC was forced to purge $17,500, the amount it raised from the event. State law strictly prohibits coordination between candidates and super PACs, including barring elected officials from helping “finance” a PAC.

Minnesota – Lobbying Law Could Squeeze Some Minnesota Legislators
MPR News – Brian Bakst | Published: 12/16/2022

A lobbying law about to take effect in Minnesota aims to bar legislators from working for entities that exist primarily for lobbying or government affairs work. The same prohibition would apply to lawmakers who take on certain roles at organizations that employ or contract with lobbyists. Depending on how the statute is interpreted and enforced, it could require some lawmakers to choose between serving in the Legislature or continuing in their outside occupations. Campaign Finance and Public Disclosure Board Executive Director Jeff Sigurdson said one aspect of the law redefined who could fall under the lobbyist umbrella.

Minnesota – Regulators Push for More Financial Transparency in Minnesota Politics
Minneapolis Star Tribune – Jessie Van Berkel | Published: 12/17/2022

Spouses of public officials in Minnesota, unlike many other states, do not publicly report their financial interests. That would change if legislators follow the direction of the state’s Campaign Finance and Public Disclosure Board, which made numerous recommendations largely aimed at improving transparency in campaigns and government. The board also proposed regulating cryptocurrency donations to campaigns and expanding public reporting on lobbying and on ads that do not expressly advocate for a candidate but can influence votes.

Nevada – For These Nevada Lobbyists, Politics Is a Family Affair
MSN – Taylor Avery (Las Vegas Review-Journal) | Published: 12/17/2022

Having the opportunity to follow in a family member’s footsteps and carry on the legacy of their work is a dream many envision but few realize. In Nevada’s political sphere, however, many have successfully taken up the helm and followed their parents into the world of lobbying. Even before joining his father’s firm, the Ferraro Group, becoming a lobbyist was Tommy Ferraro’s dream job since “Day One.”

New York – Foes of Drag Queen Story Hours Invade New York Councilman’s Home
DNyuz – Liam Stack (New York Times) | Published: 12/20/2022

Protesters descended on the home and the office of a gay member of the New York City Council, vandalizing the walls with homophobic graffiti and attacking one of his neighbors over his support for Drag Story Hour events at local libraries. The council member, Erik Bottcher, documented the vandalism on social media, where he also shared a video of protesters screaming and banging on his office door. Drag story hour events have drawn an increasing number of protests and threats across the country in recent years, including a series of tense demonstrations in New York, a city known for its inclusivity.

New York – Who Is Rep.-Elect George Santos? His Résumé May Be Largely Fiction.
Yahoo News – Grace Ashford and Michael Gold (New York Times) | Published: 12/19/2022

George Santos’ upset victory in a Long Island district helped Republicans gain control of the U.S. House. His campaign biography amplified his storybook journey. He is the son of Brazilian immigrants and is the first openly gay Republican to win a U.S. House seat as a non-incumbent. By his account, he became a “seasoned Wall Street financier and investor” with a family-owned real estate portfolio and an animal rescue charity. But a New York Times review of public documents and court filings, as well as various attempts to verify claims that Santos made on the campaign trail, calls into question key parts of the résumé he sold to voters.

North Carolina – N.C. Court Strikes Down Voter ID Law as Intentional Racial Discrimination
MSN – Eugene Scott, Azi Paybarah, and Amy Gardner (Washington Post) | Published: 12/16/2022

The North Carolina Supreme Court struck down a state voter identification law, ruling Republican lawmakers acted unconstitutionally to minimize Democratic voters’ power with a law that intentionally discriminated against Black voters. Senate Bill 824 required every voter to present one of a few specific forms of photo identification, a measure the justices ruled was passed in part to discriminate against Black voters. Despite most voters having at least one of the forms of identification, the risk of having voters suppressed was very real, they said.

Ohio – Butler County Auditor Found Guilty on One Felony Count
WCPO – Lauren Pack and Rick McCrabb | Published: 12/21/2022

A jury found Butler County Auditor Roger Reynolds guilty of one of the five charges he faced in a public corruption trial. Because he was convicted of a felony, he will not be able to serve as auditor. The charge was related to Reynolds advocating for Lakota Schools to build a golf academy at a private country club with tax money that school districts receive from the auditor’s office.

Ohio – FirstEnergy Execs Promised DeWine Administration Would ‘Step In’ for Scandal-Tainted HB6, Emails Show
MSN – Jake Zuckerman and Jeremy Pelzer (Cleveland Plain Dealer) | Published: 12/22/2022

A FirstEnergy executive privately pledged that Ohio Gov. Mike DeWine’s administration would “step in” to support legislation now at the center of the largest public corruption scheme in state history, documents show. As the tainted legislation neared the finish line in 2019, FirstEnergy executives discussed deploying lawmakers and top state officials to push for the law’s passage. Prosecutors allege FirstEnergy paid roughly $60 million to a nonprofit controlled by then-House Speaker Larry Householder so he would champion a bailout of two nuclear plants and energy legislation worth more than $1.3 billion to the company and its subsidiary.

Ohio – Three Former Toledo City Councilmembers Plead Guilty in Corruption Probe
MSN – Adam Ferrise (Cleveland Plain Dealer) | Published: 12/16/2022

Three of four former Toledo City Council members accused of soliciting and taking bribes in exchange for votes pleaded guilty to federal charges. Yvonne Harper pleaded guilty to conspiracy to commit bribery, and Larry Sykes and Tyrone Riley each pleaded guilty to one count of extortion. The FBI in July 2020 arrested the group, along with attorney Keith Mitchell, in connection with the probe that shined a light on the tactics the council used to line their pockets with cash in exchange for favors. The four former members of council represented one-third of council at the time of the arrests. All four later resigned from council.

Oregon – Oregon Agencies Scrutinize Controversial Fiber-Optic Deal in Morrow County
MSN – Mike Rogoway (Portland Oregonian) | Published: 12/15/2022

The nonprofit Inland Development Corp. provides fiber-optic internet connections for local government offices and health care agencies. It also served businesses in Morrow County, including Amazon, which has spent more than $8 billion dollars building large data centers in the remote Oregon community. Inland sold the business side of its organization to four local officials as Amazon was seeking new tax breaks. The transaction positioned the local officials to profit from Amazon’s continued growth in the county. The buyers continued to participate in some votes on issues affecting Amazon after the purchase.

South Carolina – SC Coroner Flouts Transparency Laws, Hires Ex-SC State Police Chief Caught in Scam
Charleston Post and Courier – Tony Bartelme | Published: 12/18/2022

In 2019, Michael Bartley applied for a part-time job as a county deputy coroner. He seemed well-qualified, with previous mortuary experience and having served as police chief at South Carolina State University. When asked on a hiring questionnaire whether he had ever stolen anything from his employers, Bartley wrote no. Left unmentioned was his guilty plea to federal charges that he used his public law enforcement job for personal gain in a kickback scheme involved a kickback scheme. His boss, Orangeburg County Coroner Samuetta Marshall, owes the state Ethics Commission $12,430 over violations of open government rules.

South Dakota – Ethics Board Dismisses Noem Plane Case, Says Law Is Unclear
MSN – Stephen Groves (Associated Press) | Published: 12/20/2022

The Government Accountability Board dismissed a complaint against South Dakota Gov. Kristi Noem for using state government aircraft to attend events hosted by political organizations because state law does not define what is meant by “state business.” “It is not felt that the board has authority to establish a definition of state business,” board member David Gienapp said, and suggested that was the purview of the Legislature. Hughes County State’s Attorney Jessica LaMie said in October that her office found “no basis” to pursue charges on the allegations that Noem had misused the state plane or that the plane’s flight records had been altered.

Texas – Grid Reforms Becomes Power Company Lobbyist
Texas Observer – Justin Miller | Published: 12/20/2022

The former chairperson of the House State Affairs Committee, Chris Paddie, has registered as a lobbyist. Though many other Texans have gone straight from public office into private sector lobbying, Paddie’s case is unique in that it poses a challenge to an untested “revolving door” law. That law is one of the state’s few restrictions on a former elected official’s otherwise unfettered ability to capitalize on insider access and legislative expertise.

Virginia – Virginia Subcommittee on Campaign Finance Reform Still Failing to Complete Only Job
Virginia Mercury – Graham Moomaw | Published: 12/21/2022

For a second year in a row, the subcommittee created to take a “comprehensive” look at whether Virginia needs stronger limits on money in politics appears to be failing to complete its only task. It has not met in 2022 and no meeting dates have been set ahead of the 2023 legislative session that starts in January. Virginia currently has virtually no limits on how much money political campaigns can accept from one source and no law prohibiting politicians from spending that money on themselves instead of their campaigns.

Washington DC – Rudy Giuliani Likely Committed Misconduct Over 2020 Election, DC Bar Panel Finds
MSN – Zoe Tillman (Bloomberg) | Published: 12/15/2022

Attorney disciplinary regulators recommended Rudy Giuliani be disbarred in Washington, D.C., after a local bar association panel’s preliminary finding he likely committed misconduct in pressing Donald Trump’s failed legal challenge to President Biden’s 2020 win in Pennsylvania. Disciplinary Counsel Hamilton Fox argued the severe sanction was appropriate because Giuliani’s conduct in Pennsylvania was part of a broader effort to undermine the legitimacy of an election. The hearing committee’s decision is not final and could change as the case continues to wind through the District of Columbia Bar Association’s disciplinary process.

December 22, 2022 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance National: “Scam PAC Operator Uncovered by CNN’s KFile Pleads Guilty in Federal Court” by Andrew Kaczynski and Em Steck (CNN) for MSN Florida: “Pompano Vice Mayor Beverly Perkins Accused of Misusing Leftover Campaign Funds in 2020 Election” by […]

December 21, 2022 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance Colorado: “The Fair Elections Fund Rollout Is Facing Issues. City Council and the Clerk and Recorder’s Office Are Discussing Last-Minute Fixes” by Kyle Harris for Denverite Connecticut: “Bacon Brothers and Lobbyists Are Players at Lamont’s Inaugural Ball” by […]

December 20, 2022 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance National: “U.S. Scrutinizes Political Donations by Sam Bankman-Fried and Allies” by Kenneth Vogel and Ken Bensinger (New York Times) for DNyuz Colorado: “$10,000 Contribution to County Commissioner Did Not Require Recusal, Appeals Court Says” by Michael Karlik (Colorado […]

December 19, 2022 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance Massachusetts: “A Charlie Baker-Aligned Super PAC Broke State Law by Touting Him as ‘Special Guest’ at Fundraiser, Regulators Say” by Matt Stout (Boston Globe) for MSN Elections National: “This Year’s Ballot Measures Will Change How Many Americans Vote” […]

December 15, 2022 • Written by Jim Sedor

News You Can Use Digest – December 16, 2022

National/Federal Advocates Seek Federal Investigation of Multistate Effort to Copy Voting Software MSN – Emma Brown, Aaron Davis, and Jon Swaine (Washington Post) | Published: 12/12/2022 An effort by supporters of former President Trump to copy sensitive voting software in multiple […]

National/Federal

Advocates Seek Federal Investigation of Multistate Effort to Copy Voting Software
MSN – Emma Brown, Aaron Davis, and Jon Swaine (Washington Post) | Published: 12/12/2022

An effort by supporters of former President Trump to copy sensitive voting software in multiple states after the 2020 election deserves attention from the federal government, including a criminal investigation and assessment of the risk posed to election security, according to election-security advocates. They said by copying voting software and circulating it “in the wild,” partisan election deniers have created a digital road map that could help hackers alter results or disrupt voting.

‘Dark Money in Politics an Even Darker Place’ Now, Judges Warn
Washington Post – Rachel Weiner | Published: 12/14/2022

Watchdogs looking to toughen federal enforcement of campaign finance laws will not get any help from the judiciary after an appellate court ruling that advocates and some judges warn will lead to more untraceable election spending. A nonprofit asked the U.S. Court of Appeals for the District of Columbia Circuit to take another look at a decision that prevented courts from reviewing FEC decisions or stopped private parties from challenging the commission’s decisions for cases in which the agency invokes “prosecutorial discretion.” Writing for the three-judge panel, Judge Neomi Rao said, “prosecutorial discretion is not judicially reviewable.”

DOJ: Barrack, Wynn losses won’t derail foreign influence crackdown
MSN – Caitlin Oprysko (Politico) | Published: 12/8/2022

The head of the Justice Department’s counterintelligence division vowed the department would not be deterred by a string of recent legal setbacks in its attempts to crackdown on foreign influence efforts in the United States. “We will continue to bring hard cases,” Jay Bratt said at a conference for Foreign Agents Registration Act (FARA) lawyers. Bratt was pushing back on the suggestion by some FARA practitioners that the recent acquittal of Tom Barrack on charges of illegal foreign lobbying could trigger a retrenchment by the department.

Ex-Venezuelan Treasurer, Husband Convicted of Corruption in First Trial of Its Kind in Florida
MSN – Jay Weaver and Antonio Maria Delgado (Miami Herald) | Published: 12/13/2022

A former Venezuelan national treasurer and her husband were found guilty of accepting tens of millions of dollars in bribes and moving their tainted money to Miami. Claudia Díaz Guillen and her husband, Adrian Velásquez Figueroa, were convicted after a few hours of deliberations by a federal jury of money laundering conspiracy and related charges. Díaz was the first former Venezuelan official to face trial among dozens of elite businessmen, lawyers, and officials who have been charged with foreign corruption extending from their homeland to South Florida, a hub for so-called kleptocrats seeking a haven for their ill-gotten fortunes, federal authorities say.

FTX Founder Bankman-Fried’s Campaign Finance Charges ‘Just the Tip of the Iceberg’
MSN – Julia Manchester (The Hill) | Published: 12/13/2022

FTX founder Sam Bankman-Fried was charged with violating a slew of campaign finance laws, marking another major blow for the former cryptocurrency leader. The federal indictment alleged that in addition to committing securities and wire fraud, Bankman-Fried gave a minimum of $25,000 in campaign finance donations to campaigns and PACs “in the names of other persons.” He was one of the most prominent donors in this campaign cycle. Citizens for Responsibility and Ethics in Washington had filed a complaint requesting the FEC investigate Bankman-Fried for campaign finance violations.

GOP Operative Who Allegedly Kicked a Dog Hired as Top Aide to New Congressman
Yahoo News – Daniel Lippman (Politico) | Published: 12/13/2022

Brandon Phillips, a veteran Republican operative who is slated to be chief of staff for incoming U.S. Rep. Mike Collins, was arrested in November on a misdemeanor charge of animal cruelty for allegedly kicking a dog. In 2016, Phillips resigned as Donald Trump’s state director in Georgia after his prior criminal history was revealed. He participated in a meeting that was held exclusively for congressional chiefs of staff for Georgia Republicans. Phillips also was with Collins for new member orientation.

House Democrats Reject Committee Term Limit Proposal
MSN – Lindsay McPherson (Roll Call) | Published: 12/13/2022

U.S. House Democrats rejected an effort to limit how long their committee leaders can serve without a waiver from the entire caucus. An amendment would have set a six-year term limit for committee leaders, counting time served as chair and ranking member together. Rep. Bill Foster said the members who are held back by the current system are the younger, more diverse members and his amendment would have given those members earlier opportunities to serve in committee leadership positions.

House GOP Reckons with ‘Candidate Quality’ Problem After Midterms – and ahead of 2024
MSN – Ally Mutnick (Politico) | Published: 12/13/2022

Republicans gained control of Congress thanks to wins by some of their strongest recruits in years. But far-right, inexperienced, and Donald Trump-endorsed candidates lost winnable seats across the country. Some House members and operatives are already debating and trading ideas about how to multiply the number of top-tier candidates and avoid unelectable ones. Recruitment has taken on increasing importance after the midterms. The GOP’s narrow majority will make governing nearly impossible and make the next battle for the House in 2024 a toss-up.

In Senate Shake-Up, Sinema Changes Her Party Affiliation to Independent
MSN – Liz Goodwin, John Wagner, Eugene Scott, and Leigh Ann Caldwell (Washington Post) | Published: 12/9/2022

U.S. Sen. Kyrsten Sinema announced she was leaving the Democratic Party, dampening Senate Democrats’ post-midterms celebrations and potentially endangering party’s chances of holding onto the seat in 2024. Some Arizona Democrats accused Sinema of making the switch for political reasons, to avoid a near-certain Democratic primary challenge in 2024 if she decides to run as an independent in that race. But Sinema, and some of her colleagues in the Senate, said her decision was more about reflecting a discomfort with formally belonging to a party that increasingly felt alien to her in recent years.

Inside the Secret $32M Effort to Stop ‘Stop the Steal’
MSN – Zach Montellaro (Politico) | Published: 12/12/2022

A pair of progressive organizations operating in complete secrecy spearheaded a $32 million campaign during the midterms to push back against former President Trump’s “Stop the Steal” movement. The effort was undertaken by two newly created groups: Pro-Democracy Center and Pro-Democracy Campaign. Those groups operated in states across the country as the election system faced unprecedented pressure from Trump and his allies, who falsely said the 2020 election was stolen.

Kavanaugh Holiday Party Appearance Raises More Ethics Questions
Bloomberg Law – Lydia Wheeler | Published: 12/12/2022

It was reported that Justice Brett Kavanaugh attended a private holiday party at the home of Matt Schlapp, who is chairperson of the Conservative Political Action Coalition, and attendees included Stephen Miller, whose group America First Legal Foundation has interests in cases now pending before the court. Kavanaugh’s party-going raises questions about when a justice’s personal relationships cross a line and become problematic. Democrats have recently renewed calls for sitting Supreme Court justices to follow a formal judicial code of ethics.

Police Raid More EU Parliament Offices in Corruption Probe
MSN – Samuel Petrequin (Associated Press) | Published: 12/12/2022

Prosecutors investigating alleged influence peddling at the European Parliament charged four people with corruption, participation in a criminal group, and money laundering. Parliament Vice President Eva Kaili of Greece was relieved of her duties. Authorities have not identified the country suspected of offering cash or gifts to officials in exchange for political favors, but several members of the assembly and some Belgian media have linked the investigation to Qatar. Critics said the scandal was symptomatic of a more widespread problem with corruption not just in the European Parliament, but across all the European Union institutions.

‘Stealth’ Efforts to Influence Supreme Court Discussed by Judiciary Committee
MSN – Ann Marimow and Emma Brown (Washington Post) | Published: 12/8/2022

In testimony to the House Judiciary Committee, evangelical minister Robert Schenck said he encouraged wealthy Christian couples to use tactics like donations to the Supreme Court Historical Society to meet justices and to parlay those encounters into closer relationships to achieve their objectives at the court. Schenck was subpoenaed to testify as part of an effort by Democrats on the committee to strengthen ethics rules for justices, who are not bound by any code of conduct and are responsible for policing themselves. Critics say that structure allows for loopholes that undermine public faith in the court’s independence.

Transgender Americans Feel Under Siege as Political Vitriol Rises
Yahoo – Maggie Astor (New York Times) | Published: 12/10/2022

Intimidation and violence against gay and transgender Americans spread in 2022, driven heavily, extremism experts say, by inflammatory political messaging. Over the past couple of years, it has become routine for conservatives to liken transgender people and their allies to pedophiles, and to equate discussion of gender identity with “grooming” children for sexual abuse, reminiscent of campaigns against gay rights dating back to the 1970s to turn increasing visibility of transgender Americans into a political wedge.

Trump Told Crowd to ‘Fight Like Hell’ Before Riot. Can He Be Sued?
MSN – Rachel Weiner (Washington Post) | Published: 12/7/2022

A federal appeals court debated whether Donald Trump can be forced to pay damages for his role in the riot at the U.S. Capitol to lawmakers and police officers injured by the mob. While they struggled with the line between protected speechmaking and actionable incitement, all three judges on indicated that a line exists, and the former president may have crossed it. One judge, a Trump appointee who served in his administration, said Trump potentially instigated violence when he told his supporters the election was stolen and urged them to march on the Capitol and “fight like hell.”

U.S. Judge Won’t Hold Trump’s Office in Contempt, People Familiar Say
MSN – Spencer Hsu, Jacqueline Alemany, and Josh Dawsey (Washington Post) | Published: 12/9/2022

U.S. Sen. Kyrsten Sinema announced she was leaving the Democratic Party, dampening Senate Democrats’ post-midterms celebrations and potentially endangering party’s chances of holding onto the seat in 2024. Some Arizona Democrats accused Sinema of making the switch for political reasons, to avoid a near-certain Democratic primary challenge in 2024 if she decides to run as an independent in that race. But Sinema, and some of her colleagues in the Senate, said her decision was more about reflecting a discomfort with formally belonging to a party that increasingly felt alien to her in recent years.

What the Jan. 6 Select Committee’s Final Report Will Look Like
MSN – Kyle Cheney and Nicholas Wu (Politico) | Published: 12/12/2022

The final report of the House select committee that has been investigating the January 6 insurrection will begin with a voluminous executive summary describing former President Trump’s culpability for his extensive and baseless effort to subvert the 2020 election, according to people briefed on its contents. Drafts of the report include thousands of footnotes drawn from the panel’s interviews and research over the past 16 months into Trump’s activities in the final weeks that preceded January 6, 2021, when a mob of his supporters battered police and stormed the Capitol.

From the States and Municipalities

Arizona – Kari Lake Sues Arizona’s Largest County, Seeking to Overturn Her Defeat
DNyuz – Alexandra Berzon, Ken Bensinger, and Charles Homans (New York Times) | Published: 12/9/2022

Kari Lake, the losing Republican candidate for governor of Arizona, filed a lawsuit contesting the results of the election. Lake’s lawsuit came after she had spent weeks making a series of public statements and social media posts aimed at sowing doubt in the outcome of a contest she lost by more than 17,000 votes to her Democratic opponent, Katie Hobbs. That loss was certified in documents signed by Hobbs, who currently serves as secretary of state.

California – Former SF Building Inspector Pleads Guilty to Taking Illegal Payments
MSN – Staff (KBCW) | Published: 12/9/2022

Bernard Curran, a former San Francisco building inspector, pleaded guilty to two counts of accepting gratuity payments as rewards for approving building permits. In one instance, Curran accepted $260,000 from a developer to assist Curran in paying down his existing residential mortgage so he could obtain favorable refinancing rates. Though he intended to repay the money, he knew that accepting it was improper and created a forbidden conflict-of-interest. Curran admitted the developer never required him to repay $30,000 of the outstanding balance.

California – Leaked Tape Turns LA City Council Member into a Fugitive in His Hometown
MSN – Alexander Nieves and Jeremy White (Politico) | Published: 12/13/2022

Two months after becoming entangled in a racism scandal that shook public trust in Los Angeles government, disgraced city council member Kevin de León has refused calls to resign and is attempting to rehabilitate his reputation. His situation deteriorated when he scuffled with an activist who heckled him at a holiday toy giveaway that was posted on Twitter. The confrontation left children at the event in tears. When De Leon appeared at his first council meeting since mid-October, it set off a chaotic protest between competing factions in the audience.

Colorado – Denver Schools Investigated Former Principal Over $175K in Purchases, Then Promoted Her
Yahoo News – David Migoya (Colorado Springs Gazette) | Published: 12/11/2022

A Denver Public Schools principal with a history of financial woes was investigated last year over allegations that more than $175,000 was misspent on district credit cards, nearly half of it unaccounted for and without receipts, but managed to keep her job and was eventually promoted. Although the school district confiscated the credit card it issued to Kimberly Grayson over concerns of misspending, as well as the cards issued to three others she supervised at the school, the district later gave the card back to Grayson and, according to documents, her spending quickly resumed.

Florida – Sunset Lounge Dispute with City of West Palm Beach Headed to Trial in May
MSN – Terri Parker (WBPF) | Published: 12/13/2022

The lawsuit by Vita Lounge LLC against the West Palm Beach Community Redevelopment Agency over the Sunset Lounge bid award is headed to trial in May. Vita Lounge claims it was improperly disqualified from running the historic venue after it won the bid to negotiate a contract. The city’s procurement director said Vita violated the city code surrounding such bids by lobbying people to contact the mayor and commission via Facebook posts.

Georgia – Georgia Secretary of State Calls for End to Runoff Elections
MSN – Matthew Brown (Washington Post) | Published: 12/14/2022

Georgia Secretary of State Brad Raffensperger called on the Legislature to eliminate runoff voting during its session next year after another bitter overtime election gripped the state. Raffensperger cited the added stress that conducting a runoff election puts on counties and voters as part of his reasoning. Georgia’s peculiar runoff system is the product of its post-segregationist election laws, which lawmakers later admitted were intended to suppress emerging Black political power.

Georgia – Special Counsel Sends Trump Subpoena to Ga. Secretary of State Raffensperger
MSN – Amy Gardner (Washington Post) | Published: 12/12/2022

Special counsel Jack Smith sent grand jury subpoenas to Georgia Secretary of State Brad Raffensperger and to authorities in Clark County, Nevada, bringing to six the number of 2020 battleground states where state or local election officials are known to have received such requests for all communications with Donald Trump, his campaign, and a long list of aides and allies. Raffensperger shot to prominence following a January 2, 2021, phone call with Trump in which the then-president urged him to “find” enough votes to reverse his defeat in Georgia.

Hawaii – Most Hawaii Campaign Spending Violators Never See Jail Time
Honolulu Civil Beat – Blaze Lovell | Published: 12/15/2022

Criminal referrals are rare for violations of campaign finance law in Hawaii. Certain campaign finance crimes are classified as Class C felonies, punishable by up to five years in prison and $10,000 in fines. But jail time has not been levied against campaign spending violators since the early 2000s. In the past, the Hawaii Ethics Commission had to choose between referring a case to prosecutors and assessing fines. A new law allows the commission to assess fines and refer a case to prosecutors concurrently.

Michigan – Dana Nessel: Keep Lee Chatfield records secret to avoid embarrassment
Bridge Michigan – Kelly House and Jonathan Oosting | Published: 12/14/2022

Michigan Gov. Gretchen Whitmer vowed to enact laws that would make records from her office and the Legislature publicly available and said the state needs to examine loopholes in lobbying rules that potentially contributed to the actions of former House Speaker Lee Chatfield, who is under criminal investigation over allegations of bribery, campaign finance violations, and other crimes. Assistant Attorney General Michael Frezza told a judge the probe involves other high level government officials and lobbyists.

Mississippi – Ethics Commission’s Final Order: Law does not require Legislature to meet in public
Mississippi Today – Bobby Harrison | Published: 12/14/2022

Members of the Mississippi Ethics Commission approved a final order saying the state Legislature is not bound by the open meetings law. The order adopted on December 14 saying the Legislature is not a public body as defined by the law was a final order. The issue arose from a complaint saying House Speaker Philip Gunn was violating the open meetings law when the Republican Caucus, which includes 75 members of the 122-member House, meets routinely behind closed doors. The constitution mandates that a majority of either the House or Senate is a quorum.

New Jersey – Bill to Revamp Campaign Finance Laws Clears Assembly Hurdle
New Jersey Monitor – Nikita Biryukov | Published: 12/13/2022

A New Jersey Assembly panel approved a new version of a bill that would revamp campaign finance laws that supporters say are outdated, but critics warned the changes could shield corruption and increase the influence of wealthy donors. Assembly Bill 4372 would double campaign contribution limits, bolster the state’s gubernatorial public financing program, and revise the state’s “pay-to-play” laws.

New Jersey – N.J. Politicians Could Soon Have Their Home Addresses Blocked Out on Public Records
MSN – Brent Johnson (Newark Star Ledger) | Published: 12/13/2022

Two years after passing a law that shields the home addresses of judges and law enforcement officials in New Jersey out of security concerns, state lawmakers are now advancing legislation that keep their own addresses, and those of other politicians, from being released to the public. Sponsors say the bill is needed to protect politicians in the wake attacks on public officials in recent years. Critics note lawmakers would be exempting themselves when there have been attacks on Jewish people, LGBTQ people, reporters, and others who would not get the same protections.

New Mexico – NM Lawmakers Update Anti-Harassment Policy for the Roundhouse
Albuquerque Journal – Dan McKay | Published: 12/12/2022

Legislative leaders in New Mexico agreed to reshape how sexual harassment investigations are conducted at the state Legislature, a move intended to make it more difficult for inquiries to die on a tie vote. The new policy adds an outside attorney to a key panel that investigates harassment complaints lodged against legislators, putting the attorney in position to cast a tie-breaking vote on whether a case moves forward. The change comes after a high-profile harassment case against Sen. Daniel Ivey-Soto.

New York – NYC Mayor’s Chief of Staff Will Keep a Public Board Seat with Possible Conflict
MSN – Gregory Korte (Bloomberg) | Published: 12/12/2022

Camille Varlack, the incoming chief of staff to New York City Mayor Eric Adams, serves on the board of a publicly owned energy company that does business with the city, a $140,000-a-year role she plans to keep despite a conflict-of-interest policy that generally prohibits the practice. The city charter prohibits city officials from having “an interest in a firm which such public servant knows is engaged in business dealings with the agency served by such public servant.” Sometimes employees can secure a waiver from the Conflicts of Interest Board, but the board said no such request has been granted or initiated by the mayor’s office.

Ohio – Judge Will Allow ‘Pay-to-Play’ Recording at Former GOP House Speaker Larry Householder’s Trial
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 12/13/2022

A federal judge handed an early win to prosecutors by ruling in their favor on a handful of motions over what evidence could be presented in the looming criminal trial of former Ohio House Speaker Larry Householder. U.S. District Court Judge Timothy Black granted several requests from prosecutors. He also denied others from Householder, who is accused of operating a “pay-to-play” scheme. The charge centers on FirstEnergy and its $60 million in payments to a nonprofit allegedly controlled by Householder, and legislation creating a $1.3 billion subsidy for nuclear plants owned at the time by the company’s subsidiary.

Ohio – Lawmakers Send Elections Bill with Tougher Photo ID Requirement to Gov. Mike DeWine’s Desk
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 12/15/2022

The Ohio General Assembly approved a sweeping elections bill, sending it to Gov. Mike DeWine’s desk. House Bill 458 would require a voter to show a photo ID when voting in person, either early or on Election Day. The bill includes a slew of other measures, including largely ending special elections in August, specifying that county boards of election can offer only a single drop box for completed absentee ballots, and eliminating the day of early, in-person voting the day before Election Day.

Oregon – Oregon’s Top Election Official Seeks More Money to Combat Election Misinformation
Oregon Capital Chronicle – Julia Shumway | Published: 12/8/2022

Citing an increase in misinformation, complaints, and time-consuming public records requests from election deniers, Oregon Secretary of State Shemia Fagan is seeking roughly $2 million over the next two years to hire more staff dedicated to election security and oversight. Fagan is also seeking funds to begin replacing the state’s outdated campaign finance database, ORESTAR. The system has been in place for 20 years, runs slowly, and cannot be opened in more than one tab or window, among other frustrations for users.

Pennsylvania – Cost of Pennsylvania Governor’s Race Sets New Record Amid ‘Campaign Finance Arms Race’
Spotlight PA – Angela Couloumbis | Published: 12/10/2022

The total cost of the governor’s race in Pennsylvania topped $100 million in this last election cycle, a new spending record in the race to win the state’s highest office. The spending puts on display Pennsylvania’s distinction as having some of the most lax campaign finance laws in the country, ones that place no limits on how much money candidates can accept from donors. It also gives reform advocates pause because it has the potential to raise the bar for competing in future races, entrenching incumbents, and shutting out otherwise good candidates who lack a deep bench of donors.

Pennsylvania – With Majority at Stake, Pa. House Republicans Sue to Block Democratic-Scheduled Special Elections
Spotlght PA – Stephen Caruso | Published: 12/10/2022

Pennsylvania House Republicans filed a lawsuit to block three legislative special elections from taking place in February, potentially delaying a clear-cut majority for Democrats, and allowing the GOP to maintain some measure of power into spring. The suit argues House Democratic Leader Joanna McClinton did not have the authority to schedule the elections. Democrats must win all three seats to keep their majority.

Rhode Island – AG: McKee can keep political dossiers secret despite violation of public records law
MSN – Eli Sherman (WPRI) | Published: 12/14/2022

Gov. Dan McKee’s office violated public records law in its effort to withhold background reports on some of the state’s top politicians who were being considered for lieutenant governor, but still had the right to keep the information secret under a different rationale, the Rhode Island attorney general’s office ruled. McKee’s office initially denied a request for the dossiers, arguing because the information was a “political assessment of the candidates and thereby a private political document ….”

Rhode Island – Prov. Ethics Commission ‘Is Not Working,’ Chairman Says, as Complaints Get Dismissed
WPRI – Steph Machado | Published: 12/8/2022

The Providence Ethics Commission met recently for the first time in more than a year, voting to dismiss two complaints against high-profile city leaders which they had previously voted to investigate but then never actually considered. Commission Chairperson Andrew Kanter said the complaints were dismissed not because the panel determined they did not have merit, but because it has been unable to consider them or hold hearings on them. “It’s clear the commission is not working,” Kanter said.

Tennessee – Longtime Tennessee Domestic Violence Leader Is Out Following Critical Federal Investigation
Tennessee Lookout – Anita Wadhwani and Natasha Senjanovic | Published: 12/14/2022

Kathy Walsh, the longtime leader of the Tennessee Coalition to End Domestic and Sexual Violence, has left the organization. The change comes less than a week after the media reported on findings of whistleblower retaliation at the nonprofit. Walsh helped build its reputation as the leading voice for domestic and sexual violence victims in the state. As a registered lobbyist, she also helped shape many pieces of legislation. But a federal probe found Walsh was involved in forcing out an employee who blew the whistle on the potential misuse of federal grant funds.

Virginia – Investigation Clears Va. Agency for Contract with Youngkin’s Ad-Maker
MSN – Laura Vozzella (Washington Post) | Published: 12/10/2022

The Virginia inspector general found state officials committed no wrongdoing by awarding a $268,000 contract to Gov. Glenn Youngkin’s political ad-maker in what was initially a no-bid deal. Democrats questioned how the firm, Poolhouse, won the chance to make a state tourism video and whether the Virginia Tourism Corp., a taxpayer-funded public authority, had paid too much for the 60-second spot featuring Youngkin. Poolhouse made $1.5 million in campaign ads for Youngkin during last year’ss gubernatorial race and has continued working with the governor as he explores a 2024 presidential bid.

Washington DC – D.C. Elections Board: Silverman’s poll did not break campaign finance law
MSN – Michael Brice-Saddler (Washington Post) | Published: 12/12/2022

The District of Columbia Board of Elections sided with Councilperson Elissa Silverman in her appeal of a decision from the Office of Campaign Finance (OCF), ruling she did not misuse campaign funds while polling for the Democratic primary election. She sought to clear her name over a complaint brought by fellow at-large candidate Karim Marshall, who asked the OCF to determine whether Silverman violated rules or improperly coordinated with other candidates while polling for the Ward 3 contest. The OCF had ordered Silverman to reimburse the city $6,277.52 for the polling expenditures.

December 14, 2022 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “FTX Founder Sam Bankman-Fried Made Political Contributions Under Other People’s Names, US Authorities Allege” by Madison Hall for Business Insider New Jersey: “Bill to Revamp Campaign Finance Laws Clears Assembly Hurdle” by Nikita Biryukov for New Jersey […]

December 13, 2022 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance Pennsylvania: “Cost of Pennsylvania Governor’s Race Sets New Record Amid ‘Campaign Finance Arms Race’” by Angela Couloumbis for Spotlight PA Washington DC: “D.C. Elections Board: Silverman’s poll did not break campaign finance law” by Michael Brice-Saddler (Washington Post) […]

December 9, 2022 • Written by Jim Sedor

News You Can Use Digest – December 9, 2022

National/Federal Democrats Ramp Up Investigation of Kushner Family Business Dealings MSN – Michael Kranish (Washington Post) | Published: 12/7/2022 Democrats on a pair of congressional committees launched a new effort to obtain information about whether Jared Kushner’s actions on U.S. policy […]

National/Federal

Democrats Ramp Up Investigation of Kushner Family Business Dealings
MSN – Michael Kranish (Washington Post) | Published: 12/7/2022

Democrats on a pair of congressional committees launched a new effort to obtain information about whether Jared Kushner’s actions on U.S. policy in the Persian Gulf region as a senior White House adviser were influenced by the bailout of a property owned by his family business. Citing previously undisclosed documents related to former President Trump’s son-in-law, the committees sent letters to the State and Defense departments requesting material they say could shed new light on whether “Kushner’s financial conflict of interest may have led him to improperly influence U.S. tax, trade and national security policies for his own financial gain.”

DNC Moves Forward with Dramatic Change to Presidential Primary Calendar
MSN – Elena Schneider (Politico) | Published: 12/2/2022

The Democratic National Committee voted to radically alter its presidential nominating calendar, following President Biden’s recommendations to elevate South Carolina as the first primary state and to eliminate Iowa, breaking with historical precedent. But there are still several logistical hurdles for the party to clear to make the new vision a reality. Members of the party’s Rules and Bylaws Committee, charged with recommending a new calendar, gave a near-unanimous vote of approval for Biden’s proposal, with only minor tweaks to the dates and two ‘no’ votes from Iowa and New Hampshire members.

Ex-Miami US Rep. David Rivera Arrested in Venezuela Probe
Yahoo News – Joshua Goodman and Terry Spencer (Associated Press) | Published: 12/5/2022

Former U.S. Rep. David Rivera, who signed a $50-million consulting contract with the Venezuela government, was arrested on suspicion of money-laundering and representing a foreign government without registering. The indictment alleges Rivera, at the start of the Trump administration, was part of a conspiracy to lobby on behalf of Venezuela to lower tensions with the U.S., resolve a legal dispute with an American. oil company, and end U.S. sanctions against the South American nation – all without registering as a foreign agent.

Fearing Scandal, Air Force Blocked Generals’ Foreign Consulting Deals
MSN – Craig Whitlock and Nate Jones (Washington Post) | Published: 12/5/2022

During the height of the war in Afghanistan, Pentagon officials persuaded Azerbaijan President Ilham Aliyev to open his country’s borders and airspace to allied supply routes. In exchange, U.S. officials promised a closer diplomatic partnership with Aliyev and steered $369 million in defense contracts to Silk Way Airlines, an Azerbaijan cargo carrier that U.S. investigators say was controlled by the government. Two U.S. Air Force generals, Duncan McNabb and William Fraser III, who oversaw the supply routes later tried to cash in on their Azerbaijan connections. Upon retiring from active duty, they negotiated valuable consulting deals with Silk Way Airlines.

Federal Election Commission Passes New Digital Ad Disclosure Rule
OpenSecrets – Taylor Giorno | Published: 12/1/2022

The FEC adopted a new rule requiring disclosures for political advertising online. Previously, digital ads were not subject to the same disclosure requirements as those in broadcast or print media. The rule expands the definition of “public communication” to “any public communication over the internet that is placed for a fee on another person’s website, digital device, application, or advertising platform.” But the commissioners rejected language requiring those who promote digital political ads to disclose if they are being paid to do so.

House Ethics Committee Admonishes Rep. Madison Cawthorn Over Crypto Promotion, Failure to Disclose Stake
CNBC – Dan Mangan | Published: 12/7/2022

The House Committee on Ethics said it admonished outgoing U.S. Rep. Madison Cawthorn and ordered him to pay more than $15,000 for violating conflict-of-interest rules by publicly promoting a cryptocurrency he owned and for failing to promptly disclose crypto transactions. The committee also said an investigative subcommittee’s report did not find evidence Cawthorn engaged in an improper romantic or sexual relationship with a staffer, with whom he had been seen in videos “engaging in explicit and sexually suggestive comments and conduct.”

Items with Classified Markings Found at Trump Storage Unit in Florida
MSN – Jacqueline Alemany, Josh Dawsey, Spencer Hsu, Devlin Barrett, and Rosalind Helderman (Washington Post) | Published: 12/7/2022

Lawyers for former President Trump found at least two items marked classified after an outside team hired by Trump searched a storage unit in West Palm Beach, Florida, used by the former president, according to people familiar with the matter. Those items were immediately turned over to the FBI. The search was one of at least three conducted by an outside team of his properties for classified materials in recent weeks, after they were pressed by a federal judge to attest they had fully complied with a grand jury subpoena to turn over all materials bearing classified markings.

Justice Dept. Subpoenas Ariz., Mich., Wis. Officials for Trump Communications
MSN – Amy Gardner, Isaac Stanley-Becker, Yvonne Wingett Sanchez, and Patrick Marley (Washington Post) | Published: 12/6/2022

Special counsel Jack Smith subpoenaed local officials in Arizona, Michigan, and Wisconsin – three states that were central to former President Trump’s failed plan to stay in power following the 2020 election – for any and all communications with Trump, his campaign, and a long list of aides and allies. They are among the first known subpoenas issued by Smith, who was named to oversee the U.S. Capitol attack case as well as the criminal probe of Trump’s possible mishandling of classified documents at his Florida home.

Rupert Murdoch to Be Deposed in $1.6 Billion Defamation Case Against Fox
MSN – Jeremy Barr and Rachel Weiner (Washington Post) | Published: 12/5/2022

Rupert Murdoch, chairperson of Fox News parent company Fox Corp, will be forced to answer questions under oath about his network’s coverage of the 2020 presidential election. Murdoch will be deposed as part of Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News. The lawsuit alleges the network purposely aired false claims about Dominion’s role in the 2020 presidential election to boost ratings and fight off competition from more-conservative-leaning television networks.

Ted Cruz’s Podcast Deal With iHeartMedia May Violate Ethics Laws, Watchdog Says in New Complaint
MSN – Zach Everson (Forbes) | Published: 12/1/2022

U.S. Sen. Ted Cruz may have violated a federal law barring senators from receiving gifts from registered lobbyists when he accepted podcast production services from iHeartMedia, according to a complaint filed by the Campaign Legal Center with the Senate Select Committee on Ethics. Senators also are barred from accepting honoraria for oral presentations transmitted electronically. The complaint claims that Cruz’s deal with iHeartMedia could not be qualified as a political contribution either, because corporations are banned from donating directly to campaigns, even via in-kind contributions.

Trump Mar-a-Lago Special Master Struck Down by Appeals Court
MSN – Perry Stein and Devlin Barrett (Washington Post) | Published: 12/1/2022

A federal appeals court panel halted an outside review of thousands of documents seized from former President Trump’s Florida residence, ruling a lower-court judge was wrong to appoint an expert to decide whether any of the material should be shielded from criminal investigators. The ruling, which Trump may appeal to the Supreme Court, means criminal investigators can again access the unclassified documents that were recovered in the search. The Justice Department has said those materials may be important in their probe of the possible mishandling of classified documents, obstruction, and destruction of government property at Mar-a-Lago.

Trump’s Committee Paying for Lawyers of Key Mar-a-Lago Witnesses
MSN – Devlin Barrett, Josh Dawsey, and Isaac Stanley-Becker (Washington Post) | Published: 12/5/2022

Former President Trump’s PAC is paying legal bills for some key witnesses involved in the Justice Department investigation into whether Trump mishandled classified documents, obstructed the investigation, or destroyed government records. Jim Walden, a former federal prosecutor, said the payment arrangement raises concerns about whether the reimbursement of legal fees may influence what the witnesses say or do. He noted if Justice Department officials have ethical concerns, they could ask a judge to, at a minimum, question the clients about whether they are certain their interests are being protected.

Vows to Reject Corporate PAC Money on the Rise for Incoming Congress
MSN – Kate Ackley (Roll Call) | Published: 12/5/2022

More than 70 members of the 118 Congress say they are swearing off contributions from corporate PACs, indicating that a trend, almost exclusively among Democrats, that caught on during the 2018 election cycle has persisted. Business PACs face an uncertain future as the scramble for their money diminishes. Recent cycles have also seen an explosion in contributions of small amounts by more donors, especially among Democrats.

Canada

Canada – MPs Step in to Delay New Lobbying Code of Conduct Following Complaints
Globe and Mail – Bill Curry | Published: 12/1/2022

Members of Parliament delayed a new code of conduct for lobbyists after receiving a wide range of complaints. Some of the changes are being criticized as a major softening related to situations in which lobbyists campaign for politicians, while some lobbyists are objecting to proposed new restrictions on the many evening events hosted by organizations on Parliament Hill.

From the States and Municipalities

Arizona – Ariz. County Ordered to Certify Election as GOP Lawyers Are Sanctioned
MSN – Isaac Stanley-Becker and Yvonne Wingett Sanchez (Washington Post) | Published: 12/1/2022

A judge in Arizona ordered the governing board of Cochise County to certify the results of the November 8 election, finding its members had no authority to shirk a duty required under state law. The surrender, under court order, ended a standoff that threatened to upend the state’s process for affirming the will of more than 2.5 million Arizona voters. The ensuing chaos could have undermined the projected victories of Republicans in a U.S. House seat and the statewide race for schools superintendent.

California – Councilmember Rebecca Kaplan Faces $19,000 Ethics Fine
MSN – Darwin BondGraham (Oaklandside) | Published: 12/2/2022

Oakland City Councilperson Rebecca Kaplan is facing a $19,000 fine because she allegedly failed to disclose her ownership of a condominium located next to a waterfront park which she and the rest of the council voted to expand, using over $1 million in city funds. The improvement to the park stood to increase the value of her condo. Kaplan purchased the condo in 2013 along with her parents, but for the next seven years she did not list it on the annual financial disclosure forms that elected officials are required to file with the city.

California – L.A. City Council Votes to Reinstate Salary of Indicted Member Mark Ridley-Thomas
MSN – David Zahniser (Los Angeles Times) | Published: 12/7/2022

The Los Angeles City Council voted to reinstate the salary of indicted Councilperson Mark Ridley-Thomas, more than a year after he was suspended from his post while facing federal corruption charges. Ridley-Thomas sued the city over his suspension earlier this year, saying it violated the City Charter and was politically motivated. He will receive about $265,000, while an additional $99,500 will go to his legal team.

Florida – Florida Lawmaker Charged with Defrauding Pandemic Loan Program
MSN – Andrew Jeong (Washington Post) | Published: 12/8/2022

A Florida lawmaker known for sponsoring legislation that regulates classroom talk about sexual orientation and gender identity was indicted by a grand jury for allegedly trying to illicitly obtain more than $150,000 in federal pandemic relief funds. State Rep. Joseph Harding was accused of making fraudulent applications to the Small Business Administration using the names of dormant business entities. Harding is also accused of submitting “fraudulently created bank statements” in the applications, federal prosecutors said.

Florida – Matt Gaetz Associate Joel Greenberg Gets 11 Years as Probe into Congressman Stalls, Sources Say
ABC News – Will Steakin | Published: 12/1/2022

Joel Greenberg, the former Florida tax collector who sources say agreed to cooperate in the federal probe into his one-time close associate, U.S. Rep. Matt Gaetz, was sentenced to 11 years in prison after pleading guilty to six of the 33 charges he was facing, including stalking, identity theft, wire fraud, and conspiracy to bribe a public official, as well as one charge of sex trafficking. Multiple sources familiar with the probe said the investigation into Gaetz has stalled.

Florida – Tampa Police Chief Mary O’Connor Resigns Amid Traffic Stop Controversy
MSN – Tony Marrero (Tampa Bay Times) | Published: 12/5/2022

Tampa’s chief of police, Mary O’Connor, resigned after an investigation into a Pinellas County traffic stop where she flashed a badge and asked a deputy to “just let us go.” A deputy pulled over O’Connor and her husband because their golf cart did not have a license plate. Keith O’Connor said they stopped at nearby restaurant and did not usually drive the cart on public roads. The deputy let them go without a citation. Mary O’Connor handed over what appeared to be her business card, telling the deputy, “You ever need anything, call me.”

Georgia – After Georgia Loss, G.O.P. Stares Down Its Trump Dilemma
DNyuz – Jonathan Weisman and Maya King (New York Times) | Published: 12/7/2022

The Democrats’ capstone re-election victory of U.S. Sen. Raphael Warnock forced Republicans to reckon with the red wave that was not, as they turned with trepidation to 2024 and the intensifying divisions in the party over former President Trump. For a handful of Republicans, newly emboldened by re-election or retirement to say so aloud, the biggest culprit was Trump. They slammed him for promoting flawed candidates, including Herschel Walker, dividing his party, and turning many swing voters against the GOP for the third election cycle in a row.

Hawaii – ‘A Deep Moral Crisis’: Commission Proposes ‘Bold’ Reforms in Government
Honolulu Civil Beat – Chad Blair | Published: 12/1/2022

A panel tasked with identifying ways to better Hawaii government is calling for sweeping reforms to restore public trust in government. The report from the Commission to Improve Standards of Conduct details more than 30 proposals to reshape state laws and legislative processes in the areas of ethics, corruption, elections, and government operations. The report was triggered by a string of corruption cases involving government officials statewide that made national headlines and raised doubts about the integrity of local government operations.

Illinois – Despite Ban on Lobbyists’ Campaign Money, Lightfoot Took $68K from Lobbyist’s Companies. Now, She’s Giving Much of it Back.
Chicago Sun-Times – Tim Novak and Frank Main | Published: 12/2/2022

More than a decade ago, then-Chicago Mayor Rahm Emanuel issued an executive order that prohibited him and future mayors from taking any campaign money from lobbyists. This year, Mayor Lori Lightfoot has accepted more than $53,000 in 39 campaign contributions from 14 companies affiliated with Carmen Rossi, a registered city lobbyist. Since Lightfoot was elected mayor in 2019, she has gotten a total of $68,500 from companies affiliated with him. A Lightfoot campaign spokesperson said the mayor has decided to return $44,500 in contributions she has received from companies affiliated with Rossi.

Maryland – Mayor Scott Accepts Money from Businessman He Disavowed During Pugh’s Healthy Holly Scandal
Baltimore Brew – Mark Reutter | Published: 12/7/2022

Baltimore City Council President Brandon Scott’s campaign committee reported a $5,000 donation from J.P. Grant, who was linked to the scandal surrounding former Mayor Catherine Pugh. Scott got still more money from two parties linked to the construction company that is secretly financed by Grant, Commercial Utilities LLC. The Board of Estimates recently approved a $12 million increase to the conduit contract that Commercial Utilities co-manages. Scott has said that contributions do not influence his votes on the Board of Estimates.

Mississippi – Ethics Commission Says Legislature Not Subject to Open Meetings Law
Daily Journal – Bobby Harrison (Mississippi Today) | Published: 12/2/2022

The Mississippi Ethics Commission determined the state Legislature is not bound by the open meetings law. The ruling came in a complaint filed by the Mississippi Free Press saying the House Republican caucus members, which currently consist of 75 of the 122 House members, are violating the law when they meet behind closed doors to discuss policy. A news report cited reports of various House members and detailed how the caucus meetings were usually the first place that rank-and-file House Republicans were informed of details of major policies developed by Speaker Philip Gunn and a handful of other leaders.

Missouri – ‘A Scar’ on St. Louis: 3 former aldermen get prison for bribery
St. Louis Post-Dispatch – Katie Kull | Published: 12/6/2022

Three former St. Louis aldermen, including the longtime board president, will go to prison for accepting bribes. John Collins-Muhammad and Lewis Reed each received sentences of three years and nine months, while Jeffrey Boyd was sentenced to three years. It was a conclusion to a case that involved surveillance, hundreds of hours of recorded phone calls and meetings, and thousands of text messages and emails, prosecutors said. The key player was a local businessperson facing his own federal charges who handed out bribes in exchange for tax breaks and a reduced rate on a city-owned property.

New Mexico – Ethics Agency Settles ‘Revolving Door’ Allegations
Albuquerque Journal – Dan McKay | Published: 12/7/2022

New Mexico’s ethics agency reached a $13,000 settlement to resolve a lawsuit it filed alleging violations of a revolving-door ban. The State Ethics Commission accused a former Sandoval County assessor’s office employee, Gabriel Vargas, and Double Eagle Property Tax Consultants of violating the law, which prohibits an ex-government employee from leaving an agency and then representing clients before the agency on a matter they had worked on, or from being paid to represent anyone before the agency at all for one year.

New Mexico – Ethics Board Advances Complaint Against County Commissioner
Albuquerque Journal – Jessica Dyer | Published: 12/2/2022

A Bernalillo County ethics board advanced a complaint alleging an elected official improperly accepted a $5,000 campaign contribution from a lobbyist. The county’s Code of Conduct Review Board decided the complaint against county Commissioner Charlene Pyskoty warranted an evidentiary hearing. Vanessa Alarid gave a $5,000 in-kind donation to Pyskoty’s reelection campaign in June. Alarid represents the developers behind Santolina, a planned community that has been, and will continue to go, before county commissioners to get necessary approvals.

New York – Bribery, Fraud Charges Dismissed Against Ex-NY Lt. Governor
MSN – Larry Neumeister (Associated Press) | Published: 12/5/2022

Bribery and fraud charges against former New York Lt. Gov. Brian Benjamin were tossed out by a federal judge, leaving Benjamin to face only records falsification charges. U.S. District Court Judge J. Paul Oetken said prosecutors failed to allege an explicit example in which Benjamin provided a favor for a bribe, an essential element of bribery and honest services fraud charges. Benjamin pleaded not guilty to charges he obtained a campaign donation from a real estate developer in exchange for his influence to get a $50,000 grant of state funds for a nonprofit organization the developer controlled.

New York – Trump Organization Convicted in Executive Tax Dodge Scheme
MSN – Michael Sisak (Associated Press) | Published: 12/6/2022

Donald Trump’s company was convicted of tax fraud in a case brought by the Manhattan district attorney in a repudiation of financial practices at the former president’s business. A jury found two corporate entities at the Trump Organization guilty on all 17 counts, including conspiracy charges and falsifying business records. As punishment, the Trump Organization could be fined up to $1.6 million, a relatively small amount for a company of its size, though the conviction might make some of its future deals more complicated.

New York – Twin Friends of Eric Adams Are Dogged by Allegations and Unpaid Debts
DNyuz – Michael Rothfeld, William Rashbaum, and Susan Beachy (New York Times) | Published: 12/5/2022

Over the past decade, Johnny and Robert Petrosyants have boasted of their friendship with New York City Mayor Eric Adams while courting partners for a range of business ventures. The relationship has helped them gloss over that both brothers pleaded guilty in 2014 to financial crimes related to insurance claims. By all accounts, Adams has maintained a close relationship with the brothers. For their part, the brothers have generated tens of thousands of dollars for Adams’ campaigns by holding fundraising events and enlisting friends to solicit contributions.

North Carolina – Supreme Court Seems Poised to Reject Robust Reading of ‘Independent State Legislature’ Theory
MSN – Zach Montellaro (Politico) | Published: 12/7/2022

The Supreme Court seemed splintered about whether to adopt a legal theory that would radically reshape how federal elections are conducted. The North Carolina Supreme Court tossed congressional maps drawn by the Legislature as an illegal partisan gerrymander, with court-drawn maps ultimately being used for the 2022 election. Republican legislators asked the U.S. Supreme Court to toss out those court-drawn maps, advancing a once-fringe legal idea called the “independent state Legislature” theory, which argues that an interpretation of a clause in the U.S. Constitution leaves little, or no, room for state court review of election laws.

Ohio – City Council Bans Cleveland from Doing Business with Companies That Practice Wage Theft
MSN – Courtney Astolfi (Cleveland Plain Dealer) | Published: 12/6/2022

The Cleveland City Council approved an ordinance banning the city from doing business with companies found to practice wage theft and those that commit payroll fraud. The new law bars Cleveland from granting financial assistance to such companies or entering into contracts with them for city services or construction. Wage theft is defined as any violation of state or federal law regarding the prompt payment of wages, payment of minimum wage, or prevailing wage rates. Payroll fraud is defined as the concealment of a business’s true tax liability by not reporting or underreporting applicable wages or by paying employees under-the-table.

Oklahoma – With Weak Laws and Little Enforcement, Oklahoma Sees Record-Breaking Dark Money Spending
The Frontier – Clifton Adcock | Published: 12/6/2022

Spending from outside groups soared to more than $33.6 million in Oklahoma’s election cycle this year, the highest recorded level in the state’s history. In the face of increasing outside political spending from secretive groups, some states have moved to require greater disclosure in state and local elections in recent years. But thanks to a lack of funding from the Legislature, Oklahoma has weak enforcement and some lawmakers have even attempted to head off disclosure requirements for “dark money” groups.

Oregon – Long-Serving Director of Oregon Government Ethics Commission Retires
Willamette Week – Nigel Jaquiss | Published: 12/3/2022

One of the state’s longest-serving agency directors officially retired on November 30. Ron Bersin, who has led the Oregon Government Ethics Commission since 2006, told the commission it was time to find his successor. Bersin ensured that local officials complied with ethics laws and public officials and lobbyists filed disclosure statements in a timely manner to provide a way for the public to track their financial interests and activity. He will stay on as interim director through the legislative session but has asked the commission to find a new director by the end of next year.

Oregon – Portland City Officials Avoid Competitive Process for Gunshot Detection Pilot
OPB – Jonathan Levinson | Published: 12/5/2022

Public records show a yearlong courtship between the Portland police and ShotSpotter, a company providing gunshot detection technology, and almost no consideration of a competitor. Text messages between a Portland Police Bureau officer and a ShotSpotter representative suggest a cozy relationship helped pave the way for the city’s decision to pilot the technology. If the city moves forward and puts ShotSpotter in the five Portland neighborhoods with the most gun violence the contract could be worth over $1 million per year.

South Carolina – Judge to Decide Whether to Dismiss Charges Against Quinn, Alleged Kingpin of Corruption Scandal
MSN – John Monk (The State) | Published: 12/2/2022

After a hearing, the issue of whether to dismiss state grand jury perjury and obstruction of justice charges against political consultant Richard Quinn Sr. is now in the hands of Judge Carmen Mullen. The judge said she would weigh complex legal issues, including the relevance of 2021 South Carolina Supreme Court opinion on corruption charges against a former state representative, whether Quinn was afforded due process, and whether prosecutors were right to have Quinn testify in front of a state grand jury where he made statements that resulted in his indictment.

Virginia – Restaurant Refuses Service to Christian Group, Citing Staff ‘Dignity’
MSN – Emily Heil (Washington Post) | Published: 12/6/2022

A restaurant in Richmond, Virginia, refused to host a private event for a conservative Christian organization over the group’s position on same-sex marriage and abortion rights. The restaurant, Metzger Bar and Butchery, called itself an “inclusive” establishment that has rarely refused service to willing patrons, but said it denied service to the group to protect its staff, many of whom are women or members of the LGBTQ+ community. Family Foundation President Victoria Cobb likened the restaurant’s move to establishments that refused to serve Black customers in the 1950s and 1960s.

Washington – SEIU Secretly Lobbied the Washington State Redistricting Commission, Court Filings Allege
The Olympian – Shauna Sowersby (McClatchy) | Published: 12/7/2022

A lobbyist for the Service Employees International Union (SEIU) failed to report lobbying activities related to the Washington State Redistricting Commission in 2021, court records allege. Arthur West, an open government advocate, is suing the commission and the state for withholding and deleting public records. West told said the Legislature recently disclosed more communications the commission intentionally withheld from him in previous public records requests, and they included the unreported lobbying activity by SEIU lobbyist Lindsey Grad.

Washington – WA Appeals Court Largely Upholds Eyman Campaign Finance Violations
Seattle Times – David Gutman | Published: 12/6/2022

A Washington appeals court upheld the majority of campaign finance violations that longtime anti-tax activist Tim Eyman was found liable for last year, keeping in place the multimillion-dollar verdict against him and most of the restrictions barring Eyman from controlling the finances of political committees. It threw out one of the violations against Eyman, a small portion of the restrictions imposed on him, and asked the trial judge to reconsider the size of the fine levied against him. Eyman was fined more than $2.6 million for his campaign finance violations and ordered to pay attorneys’ fees to the state of more than $2.9 million.

Washington DC – Giuliani Puts 2020 Election Back on Trial in DC Ethics Case
MSN – Zoe Tillman (Bloomberg) | Published: 12/5/2022

Rudy Giuliani “weaponized his law license” to try to undermine the U.S. Constitution when he led a failed effort for Donald Trump to invalidate potentially millions of Pennsylvania votes after the 2020 election, District of Columbia Bar officials argued at a hearing. Giuliani’s Washington law license is on the line as he faces allegations that he violated attorney practice rules by filing a “frivolous” post-election lawsuit in federal court that featured baseless claims of widespread fraud. Giuliani’s defense against the ethics complaint involves digging in two years later on his belief there was evidence that the election was tainted by voting irregularities and fraud.

December 8, 2022 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance Oklahoma: “With Weak Laws and Little Enforcement, Oklahoma Sees Record-Breaking Dark Money Spending” by Clifton Adcock for The Frontier Washington: “WA Appeals Court Largely Upholds Eyman Campaign Finance Violations” by David Gutman for Seattle Times Elections North Carolina: […]

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