National/Federal

Acting Labor Secretary Pizzella Lobbied for Russian-Connected Front Group, Worked with Jack Abramoff
Center for Responsive Politics – Reid Champlin and Jessica Piper | Published: 7/12/2019

Patrick Pizzella will take the reins at the Department of Labor as acting secretary after Alex Acosta announced his resignation due to criticism for his light prosecution of sex offender Jeffrey Epstein more than a decade ago. But Pizzella’s record as a lobbyist is likely to come under scrutiny. In the late 1990s, his clients included a Russian front group, the government of the Marshall Islands, and a trade association fighting against the minimum wage in a U.S. commonwealth. For these and other clients, he worked with Jack Abramoff, who was at the forefront of a corruption scandal in the 2000s that ultimately resulted in 21 convictions and major reforms to lobbying laws. Pizzella was never accused of any wrongdoing.

Alex Acosta Resigns as Labor Secretary Amid Intense Scrutiny of His Handling of Jeffrey Epstein Case
MSN – David Nakamura, John Wagner, Ashley Parker, and Josh Dawsey (Washington Post) | Published: 7/12/2019

Labor Secretary Alex Acosta’s resignation amid the mushrooming Jeffrey Epstein investigation made him the latest in a growing list of President Trump’s Cabinet members to depart under a cloud of scandal, plunging an administration that has struggled with record turnover into further upheaval. Trump said Acosta had chosen to step down a day after defending himself in a contentious news conference over his role as a U.S. attorney a decade ago in a deal with Epstein that allowed the financier to plead guilty to lesser offenses in a sex-crimes case involving underage girls. The sole Hispanic member of Trump’s Cabinet said the intense media focus on his role in Epstein’s case threatened to become a distraction that would undermine his work for the administration.

CNN Doesn’t Tell Whole Story About Trump-Loving Panel
San Francisco Chronicle – Paul Fahri (Washington Post) | Published: 7/17/2019

The panel of women CNN interviewed about President Trump liked him a lot and do not think he is a racist, despite a congressional resolution to the contrary. And no question the women are, as CNN identified them, “Republicans.” But the network missed telling its viewers a few other things about the women it put on the air in a segment surveying their reaction to criticism of Trump. The seemingly random group of eight women were, in fact, members of an organized group dedicated to promoting Trump. The group calls itself the Trumpettes of America 2019 Palm Beach Team, although CNN and correspondent Randi Kaye did not mention anything about such a group. Nor did the anchors, including Anderson Cooper, who introduced Kaye’s report.  

Consultant Who Worked with Manafort Retroactively Registers as Foreign Agent
Politico – Theodoric Meyer | Published: 7/12/2019

A British consultant who helped publicize a report commissioned by the government of Ukraine in 2012 retroactively registered as a foreign agent with the U.S. Justice Department. The filing sheds a little more light on an elaborate lobbying and public relations effort orchestrated by Paul Manafort starting more than seven years ago on behalf of the Ukrainian government and Viktor Yanukovych, Ukraine’s president at the time and Manafort’s client. Robert Mueller, the former special counsel, looked into the effort as part of his investigation into Russian interference in the 2016 election. The consultant, Jonathan Hawker, registered through FTI Consulting, the firm at which he worked at the time but has since left.

Court Filings Show Trump, Cohen Contacts Amid Hush Money Payments
The Hill – Jacqueline Thomsen and Morgan Chalfant | Published: 7/18/2019

President Trump’s former personal attorney Michael Cohn was in contact with Trump multiple times as he arranged hush money payments to women alleging affairs with Trump ahead of the 2016 election. The previously redacted details of the probe on the payments indicate investigators were aware of calls made between Cohen and Trump, as well as other campaign officials. Cohen pleaded guilty to committing campaign finance violations in relation to the payments and implicated Trump in the scheme. The documents were released after federal prosecutors said they had concluded their investigation into the hush-money payments. The closure of the probe strongly suggests prosecutors will not bring criminal charges against anyone besides Cohen, who pleaded guilty last year to campaign finance violations, lying to Congress, and financial crimes.

F.E.C. Allows Security Company to Help 2020 Candidates Defend Campaigns
New York Times – Nicole Perlroth | Published: 7/11/2019

The FEC said a Silicon Valley security company could immediately start helping 2020 presidential candidates defend their campaigns from the kinds of malicious email attacks that Russian hackers exploited in the 2016 election. The FEC made its advisory opinion one month after lawyers for the agency advised it to block a request by the company, Area 1 Security, which had sought to provide services to candidates at a discount. The FEC lawyers said Area 1 would be violating campaign finance laws that prohibit corporations from offering free or discounted services to federal candidates. The same law also prevents political parties from offering candidates cybersecurity assistance because it is considered an “in-kind donation.”

FEC Gets New Internal Watchdog Following Tumultuous Search
Center for Public Integrity – Dave Levinthal | Published: 7/12/2019

The FEC has a new inspector general, ending a 28-month period that included the de facto neutering of its office charged with investigating and defending against agency waste, fraud, and abuse. Christopher Skinner will begin work as the FEC’s inspector general on August 5. Skinner served as deputy inspector general for the Office of Naval Research for six years, including one year as acting inspector general. Before that, he served as assistant chief of inspections for the Naval Facilities Engineering Command. It took commissioners about a year to begin an earnest search for McFarland’s replacement. Once they did, agency infighting resulted in a disgruntled human resources official canceling an inspector general job posting and, in mid-2018, derailing the search.

Former Flynn Partner on Trial for Illegal Lobbying Charges
Courthouse News Service – Brandi Buchman | Published: 7/15/2019

Though special counsel Robert Mueller’s investigation into foreign influence in the 2016 election has officially wrapped up, a trial began for a former business partner of convicted ex-national security adviser Michael Flynn accused of acting as an illegal agent of the Turkish government. Bijan Rafiekian, an Iranian American businessperson who also goes by Bijan Kian, was indicted on a charge of conspiracy and failure to register as a foreign agent. The charges stemmed from lobbying work done by Kian and Flynn in 2016.

House Condemns Trump’s Attack on Four Congresswomen as Racist
MSN – Julie Hirschfeld Davis (New York Times) | Published: 7/16/2019

The U.S. House voted to condemn as racist President Trump’s attacks against four congresswomen of color, but only after the debate over the president’s language devolved into a bitterly partisan brawl that showcased deep rifts over race, ethnicity, and political ideology in the age of Trump. The measure passed nearly along party lines after one of the most polarizing exchanges on the floor in recent times. Only four Republicans and the House’s lone independent voted with all Democrats to condemn the president. It is virtually unheard-of for Congress to rebuke a sitting president. The last one to be challenged was William Howard Taft, who served from 1909 to 1913. He was accused of having tried to influence a disputed Senate election, but in the end, the Senate passed a watered-down resolution.

House Holds Barr and Ross in Contempt Over Census Dispute
New York Times – Nicholas Fandos | Published: 7/17/2019

The U.S. House voted to hold Attorney General William Barr and Commerce Secretary Wilbur Ross in criminal contempt of Congress for their refusal to turn over key documents related to the Trump administration’s attempt to add a citizenship question to the 2020 census. The citations for two cabinet officials will breathe new life into a dispute that has touched all three branches of government over why administration officials pushed to ask census respondents if they were American citizens and what that question’s effect would be. Democrats investigating the issue believe the documents and testimony being shielded would confirm the administration’s long-stated rationale for collecting the data, to better enforce the Voting Rights Act, was merely a cover for a politically motivated attempt to eliminate noncitizens from population statistics used to allocate political representation, diminishing Democratic power.

How Pharma, Under Attack from All Sides, Keeps Winning in Washington
STAT – Nicholas Forko and Lev Facher | Published: 7/16/2019

Even though Washington has stepped up its rhetorical attacks on the industry and focused its policymaking efforts on reining in high drug prices, the pharmaceutical industry’s time-honored lobbying and advocacy strategies have kept both lawmakers and the Trump administration from landing any of their prescription-drug punches. Even off Capitol Hill, it found a way to block perhaps the Trump administration’s most substantial anti-industry accomplishment in the past two years: a rule that would have required drug companies to list their prices in television ads. The industry has also benefited from a fractured Congress and discord between President Trump’s most senior health care advisers.

Trump Says He Will Seek Citizenship Information from Existing Federal Records, Not the Census
MSN – Katie Rogers, Adam Liptak, Michael Crowley, and Michael Wines (New York Times) | Published: 7/11/2019

President Trump abandoned his quest to place a question about citizenship on the 2020 census and instructed the government to compile citizenship data from existing federal records instead, ending a bitterly fought legal battle that turned the nonpartisan census into an object of political warfare. Trump announcedt he was giving up on modifying the census two weeks after the U.S. Supreme Court rebuked his administration over its effort to do so. Trump made the clearest statement yet that his administration’s ultimate goal in obtaining data on citizenship was to eliminate noncitizens from the population bases used to draw political boundaries, a longstanding dream in some Republican circles. Wilbur Ross, the secretary of commerce who spearheaded the effort to add the citizenship question, had long insisted the data was needed to enforce the Voting Rights Act.

Trump Tells Freshman Congresswomen to ‘Go Back’ to the Countries They Came From
MSN – Katie Rogers and Nicholas Fandos (New York Times) | Published: 7/14/2019

President Trump said a group of four minority congresswomen feuding with House Speaker Nancy Pelosi should “go back” to the countries they came from rather than “loudly and viciously telling the people of the United States” how to run the government. Wrapped inside that insult, which was widely established as a racist trope, was a factually inaccurate claim: only one of the lawmakers was born outside the country. Even though Trump has repeatedly refused to back down from stoking racial divisions, his willingness to deploy a lowest-rung slur, one commonly and crudely used to single out the perceived foreignness of nonwhite, non-Christian people, was largely regarded as beyond the pale.

With Name-Calling and Twitter Battles, House Republican Campaign Arm Copies Trump’s Playbook
New York Times – Catie Edmonson | Published: 7/17/2019

The National Republican Congressional Committee (NRCC), with the blessing of House Republican leaders, has adopted a no-holds-barred strategy to win back the House majority next year, borrowing heavily from President Trump’s playbook in deploying such taunts and name-calling. After losing 40 seats and the majority in November, U.S. Rep. Tom Emmer, the NRCC’s new chairperson, and Minority Leader Kevin McCarthy decided their messaging needed to be ruthless. The offensive hinges largely on the notion that by tagging all House Democrats as socialists, anti-Semites, or far-left extremists, Republicans will be able to alienate swing-state voters.

From the States and Municipalities

Arizona – Utility Panel OKs New Limits on Campaign Contributions to Commission Candidates
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 7/11/2019

State utility regulators approved a new code of ethics, including new limits on how much anyone with business before them can donate to candidates running for the Arizona Corporation Commission. But two of the panel members said the wording has a gaping hole that could still give utilities a way of financing their favorite commission candidates, at least indirectly. The language technically does not keep current and would be commissioners from taking campaign money from utilities and others who are trying to convince the panel to approve or reject some pending issue. Instead it says if a candidate for the commission takes campaign money from someone who has business before the commission they cannot vote on that matter when it goes before the panel.

Hawaii – Defiant Ethics Commission Defends Decisions on Kealohas
Honolulu Civil Beat – Nick Grube | Published: 7/17/2019

The Honolulu Ethics Commission is under renewed scrutiny for how it handled a series of investigations into retired city police chief Louis Kealoha and his wife, Katherine, who is a former city prosecutor. The Kealohas were convicted along with two police officers of framing Katherine’s uncle, Gerard Puana, for the theft of their mailbox and then trying to cover it up. Two other Honolulu police officers pleaded guilty to other charges stemming from the federal probe. The commission launched a series of investigations into the Kealohas in 2014. Those inquiries stalled in 2015, however, after the commission yanked its main investigators, Chuck Totto and Letha DeCaires, from the case and made a series of decisions that effectively ended their careers.

Illinois – Mayor Lori Lightfoot’s City Council Ethics Plan Advances
Chicago Tribune – John Byrne | Published: 7/17/2019

The Chicago City Council’s Ethics Committee advanced a package of reforms to give the city watchdog more oversight of the body and tighten rules on outside jobs and lobbying. In a late change to the proposal, people acting on behalf of nonprofits would not need to register as lobbyists if they are unpaid or if they are providing technical assistance to the agencies. Mayor Lori Lightfoot’s ethics proposal also include measures to tighten the rules for aldermen holding outside jobs and increase fines for ethics violations, from the current $500 to $2,000 up to $1,000 to $5,000.

Missouri – Since Voters Approved A $5 Cap on Gifts, Lobbyist Spending on Missouri Lawmakers Dropped 94%
St. Louis Public Radio – Aviva Okeson-Haberman | Published: 7/11/2019

Voters approved a five-dollar limit on gifts for lawmakers in November. An analysis of data from the Missouri Ethics Commission shows there has been a 94% decrease in spending from the 2019 to 2018 legislative session. In this year’s session, lobbyists spent less than $17,000 on lawmakers. That is a significant drop from the about $300,000 spent in the 2018 session. University of Missouri political science professor Peverill Squire said most of the spending is now on larger events that all lawmakers can attend. There is still a five-dollar limit per lawmaker for those events.

New York – Ex-IDC Members Pay $275,000, Settling Sugarman Suit
Albany Times Union – Chris Bragg | Published: 7/11/2019

In January, Risa Sugarman, chief enforcement counsel for the State Board of Elections. sought more than $8.6 million in penalties and fines from senators, campaign staff, and party officials connected to a fundraising partnership between the Independence Party and the Independent Democratic Conference (IDC), which controversially partnered with Republicans to run the New York Senate for half a decade. Eight former IDC members recently paid $275,000 to settle the allegations they took millions of dollars in unlawful campaign donations. The settlement agreement does not include the state Independence Party or its officials. Sugarman’s case against the Independence Party, which seeks $17,000 in fines and the return of $171,000 party money to donors, is still pending.

New York – Mt. Vernon Has 2 Mayors, and Its Police Commissioner Was Just Arrested
New York Times – Sarah Maslin Nir | Published: 7/18/2019

Shawn Harris was taken into custody when he arrived at Mount Vernon police headquarters to begin work as the city’s police commissioner. Harris was appointed by Andre Wallace, who purports to be the acting mayor after the city council deemed Richard Thomas to have forfeited the mayor’s office when he pleaded guilty to misusing $12,900 in campaign funds. Thomas insists he is still in power and remains in the mayor’s office in City Hall, with a pair of police officers standing guard. Further confusion came when the city council issued a statement disavowing Wallace’s appointment of Harris. Things were in such flux that staff members in the city clerk’s office needed to print out organizational charts as they tried to explain who in the administration is currently who.

North Dakota – North Dakota Focuses on Ethics
U.S. News & World Report – Cinnamon Janzer | Published: 7/12/2019

In February 2018, North Dakota Gov. Doug Burgum and his wife took a Super Bowl trip funded by Xcel Energy (which he later paid back), and state Rep. Jim Kasper took multiple trips involving the internet gambling industry in 2005. In response, a coalition of citizens pushed for a state ethics commission. Voters in 2018 passed Measure 1, amending the North Dakota Constitution to add Article 14, which required the Legislature to pass laws to regulate campaign finance disclosures and established an ethics commission designed to “support open, ethical, and accountable government” among other responsibilities. The commission is being formulated this summer, and its creation has not been without controversy. Experts have concerns about how effective tit will be, largely due to changes in the legislation that established the panel.

Ohio – City Elections Commission Offers Guidance on Campaign Finance Change
WVXU – Jay Hanselman | Published: 7/11/2019

Contributions made by made by limited liability corporations (LLC) to Cincinnati mayoral and city council candidates prior to December 1, 2018, will not count toward a donor’s limits under the city’s new campaign finance charter amendment. The ballot measure said an LLC cannot contribute to mayoral or city council candidates “solely in the name” of the business. Those donations must be associated with the person, owner, or partner making it. Attorney Micah Kamrass had asked the city’s Elections Commission “whether contributions made to a city council or mayoral candidate by an LLC will be counted as contributions made by an individual if the contributions were made prior to the effective date” of the Charter amendment.

Texas – Ellis Proposes Ethics Reforms for Harris County Government
Houston Chronicle – Zach Despart | Published: 7/12/2019

Harris County Commissioner Rodney Ellis has proposed two ethics reforms he says are needed to improve transparency in county government, though Texas counties’ limited rule-making power may scuttle his plan. Commissioners Court unanimously backed Ellis’ request to study how the county can establish mandatory registration of lobbyists and a blackout period for campaign contributions to elected officials from firms who seek or receive county contracts. Harris County since 2009 has allowed lobbyist registration on a voluntary basis. Participation has been dismal – just 17 lobbyists have signed up in the past decade, according to records.

Texas – State Leaders Again Want to Review How Texas Elects Judges. Will They End Partisan Judicial Elections?
Texas Tribune – Emma Platoff | Published: 7/15/2019

After a punishing election for Republican judges, state leaders are set to take a look at Texas’ often-criticized judicial selection system. Gov. Greg Abbott signed a law creating a commission to study the issue, signaling the Legislature could overhaul the system as soon as 2021. One of just a few states that maintains a system of partisan judicial selection all the way up through its high courts, judges are required to run as partisans but expected to rule impartially. They are forced to raise money from the same lawyers who will appear before them in court. And in their down-ballot, low-information races, their fates tend to track with the candidates at the top of the ticket. That means political waves that sweep out of office good and bad, experienced and inexperienced judges alike.

Washington – In Win for Public Campaign Financing, State Supreme Court Upholds Seattle’s Unique ‘Democracy Vouchers’
Governing – Daniel Beekman (Seattle Times) | Published: 7/15/2019

The Washington Supreme Court upheld Seattle’s “democracy vouchers” program, which allows residents to direct taxpayer money to qualifying political candidates. The Pacific Legal Foundation supported a lawsuit to block the program on behalf of a pair of residents, claiming it would effectively force them to support candidates they might not agree with. The justices ruled because any candidate can qualify to receive the funds the program is effectively neutral. Proponents say the vouchers counter big money in politics by involving people who otherwise would not donate and by helping lesser-known candidates compete.

Washington DC – Tensions Reach a New High on D.C. Council as Lawmakers Grapple with Scandal
Washington Post – Peter Jamison and Fenit Nirappil | Published: 7/13/2019

Heated fights at the District of Columbia Council over how to discipline a lawmaker under federal investigation and whether to approve a controversial gambling contract have deepened a growing rift among city leaders. Tensions have been simmering after repeated revelations about Councilperson Jack Evans and his private business dealings with companies with interests before city government. The divisions escalated at a recent meeting when a group of lawmakers tried but failed to strip Evans of all committee assignments. Next, they tried unsuccessfully to stop a no-bid sports betting and lottery contract that several said “stinks” of cronyism. Instead, council Chairperson Phil Mendelson and allies were able to approve the contract and avoid harsh penalties for Evans.

West Virginia – A Resolution Condemning Pipeline Challengers Passed Easily. A Pipeline Lobbyist Wrote It.
ProPublica – Kate Mishkin (Charleston Gazette-Mail) | Published: 7/11/2019

House Resolution 11, sponsored by nearly half of West Virginia delegates, praised the Atlantic Coast Pipeline, a major natural gas project. Then, the resolution sharply condemned the citizens’ groups that challenged the project in court. The resolution passed 80 to 17. What was not mentioned on the House floor was the resolution was drafted by the pipeline company itself. Bob Orndorff, a lobbyist for Dominion Energy, wrote the resolution and sent it to the House. It is not abnormal for a lobbyist to provide insight or help draft legislation. But Orndorff’s resolution was different from other pieces of legislation because it singled out a specific group. It sheds light on the close relationship between West Virginia’s growing natural gas industry and its legislative branch.

Voters will have a chance in November to increase the restrictions on political contributions in the latest campaign finance proposal aimed at pay-to-play.

The Sunlight on Dark Money ballot initiative requires greater disclosure of who is behind campaign advertisements paid for by PACs.

The measure requires the top three largest donors of the committee paying for the advertisement to disclose the name and amount contributed to the committee.

If any of the three belong to another committee, they must disclose the top two donors of that committee as well.

The measure would also prohibit top executives in development companies from contributing to candidates or current office holders of the Board of Supervisors, mayor, and city attorney.

The prohibition will be in effect while a project they have financial interest in is pending approval, or for 12 months after the city makes a final decision on the project.

The measure will also close a loophole allowing LLCs and LLPs to contribute to candidates despite an existing ban on those donations from corporations.

The measure would take effect 10 days after the election results are certified.

Campaign Finance

National: “Feds’ Probe into Trump Hush Money Payments Is Over, Judge Says” by Darren Samuelsohn for Politico

Michigan: “Michigan House Bill Would Set Minimum Fines for Campaign Finance Violations” by Lauren Gibbons for MLive.com

Missouri: “Man Pleads Guilty in Case Tied to Ex-St. Louis County Leader” by Jim Salter for AP News

Elections

National: “With Name-Calling and Twitter Battles, House Republican Campaign Arm Copies Trump’s Playbook” by Catie Edmonson for New York Times

Ethics

National: “House Condemns Trump’s Attack on Four Congresswomen as Racist” by Julie Hirschfeld Davis for MSN

Florida: “City’s Independent Ethics Officer Announces 2020 Resignation” by Jeff Burlew for Tallahassee Democrat

Illinois: “Feds Search for Michael Madigan Records at Home of Retired Alderman, Sources Say” by Dan Mihalopoulos (WBEZ) and David Kidwell for Beter Government Association

North Dakota: “North Dakota Focuses on Ethics” by Cinnamon Janzer for U.S. News & World Report

Election commissioners are proposing the filing of quarterly campaign finance reports.

Quarterly reports would be filed with the commission on April 15, July 15, October 15, and January 15.

The final report would be due no later than 15 days after the last day of the calendar quarter in which campaign funds were exhausted or deficit eliminated.

Gov. Gavin Newsom signed legislation on July 12 to clarify language related to preelection statements and income from gifts and business entities.

Assembly Bill 903 requires preelection statements to disclose contributions and independent expenditures made to a state, county, or city general purpose committee or made to support or oppose a candidate or measure appearing on the ballot at a specified election.

The specified election will be the next election for certain state or county general purpose committees and elected state officers or candidates for elective state office.

The bill also amends the definition of expenditure to include communications paid for with public moneys by a state or local government agency.

The bill will take effect on January 1, 2020.

Campaign Finance

National: “F.E.C. Allows Security Company to Help 2020 Candidates Defend Campaigns” by Nicole Perlroth for New York Times

Illinois: “‘A Red Flag’: Developers sought taxpayer reimbursement for $20,000 in donations to Chicago alderman” by Gregory Pratt and Joe Mahr for Chicago Tribune

New York: “Ex-IDC Members Pay $275,000, Settling Sugarman Suit” by Chris Bragg for Albany Times Union

Elections

Texas: “State Leaders Again Want to Review How Texas Elects Judges. Will They End Partisan Judicial Elections?” by Emma Platoff for Texas Tribune

Ethics

Florida: “Andrew Gillum Shifts Campaign Cash to a New Nonprofit, Blocking It from Public View” by Steve Contorno for Tampa Bay Times

Legislative Issues

Washington DC: “Tensions Reach a New High on D.C. Council as Lawmakers Grapple with Scandal” by Peter Jamison and Fenit Nirappil for Washington Post

Lobbying

National: “Consultant Who Worked with Manafort Retroactively Registers as Foreign Agent” by Theodoric Meyer for Politico

National: “Acting Labor Secretary Pizzella Lobbied for Russian-Connected Front Group, Worked with Jack Abramoff” by Reid Champlin and Jessica Piper for Center for Responsive Politics

A special election will take place on November 5 for City Council District 1.

The Long Beach City Council adopted a resolution at the July 9 meeting to conduct a special municipal election.

Lena Gonzalez relinquished the District 1 seat after winning the state Senate District 33 seat.

The council’s adoption of the resolution included a request to the Los Angeles County Board of Supervisors to have the Los Angeles County Registrar-Recorder/County Clerk run the special election in November.

Campaign Finance

Arizona: “Utility Panel OKs New Limits on Campaign Contributions to Commission Candidates” by Howard Fischer (Capitol News Services) for Arizona Daily Star

California: “California Lawmakers Consider New Rules for Political Ads” by Andrew Oxford for AP News

Washington: “In Win for Public Campaign Financing, State Supreme Court Upholds Seattle’s Unique ‘Democracy Vouchers’” by Daniel Beekman (Seattle Times) for Governing

Elections

National: “To Unlock the Youth Vote in 2020, Democrats Wage Legal Fights Against GOP-Backed Voting Restrictions” by Amy Gardner (Washington Post) for Northwest Herald

Ethics

National: “Trump Tells Freshman Congresswomen to ‘Go Back’ to the Countries They Came From” by Katie Rogers and Nicholas Fandos (New York Times) for MSN

National: “Alex Acosta Resigns as Labor Secretary Amid Intense Scrutiny of His Handling of Jeffrey Epstein Case” by David Nakamura, John Wagner, Ashley Parker, and Josh Dawsey (Washington Post) for MSN

National: “Trump Says He Will Seek Citizenship Information from Existing Federal Records, Not the Census” by Katie Rogers, Adam Liptak, Michael Crowley, and Michael Wines (New York Times) for MSN

Lobbying

West Virginia: “A Resolution Condemning Pipeline Challengers Passed Easily. A Pipeline Lobbyist Wrote It.” by Kate Mishkin (Charleston Gazette-Mail) for ProPublica

National/Federal

2020 Democrats Vow to Get Tough on Lobbyists
The Hill – Alex Gangitano | Published: 7/7/2019

Democratic presidential hopefuls are taking aim at the lobbying world, vowing to enact sweeping reform proposals if they win election. Contenders from both parties have long run as outsiders to K Street, with President Trump famously vowing on the campaign trail to “drain the swamp.” But the spotlight on K Street has intensified this cycle, with the left urging candidates to reject corporate money and Democratic lawmakers raising concerns about the “revolving door” that sees lobbyists land top administration posts. U.S. Sens. Elizabeth Warren and Michael Bennet have called for a strict lifetime ban on lawmakers lobbying. Those candidates in the U.S. House are touting tough restrictions on lobbyists they helped pass this year as part of a sweeping ethics bill.

AP: Federal grand jury probing GOP fundraiser Elliott Broidy
AP News – Jim Mustian and Desmond Butler | Published: 7/8/2019

A federal grand jury in New York is investigating top Republican fundraiser Elliott Broidy, examining whether he used his position as vice chairperson of President Trump’s inaugural committee to drum up business deals with foreign leaders. Prosecutors appear to be investigating whether Broidy exploited his access to Trump for personal gain and violated the Foreign Corrupt Practices Act, which makes it illegal for U.S. citizens to offer foreign officials “anything of value” to gain a business advantage. Things of value in this case could have been an invitation to the January 2017 inaugural events or access to Trump.

Appeals Court Tosses Emoluments Suit Against Trump
Politico – Josh Gerstein | Published: 7/10/2019

A federal appeals court panel dismissed a lawsuit accusing President Trump of violating the Constitution by continuing to do business with foreign and state governments while serving as president. The Fourth Circuit Court of Appeals ruled the state of Maryland and the District of Columbia, who joined together to file the suit, lacked legal standing to object to his alleged violations of the Constitution’s clauses prohibiting receipt of so-called emoluments while in office. Writing for the court, Judge Paul Niemeyer concluded the case turned on unduly speculative claims that the District of Columbia and Maryland governments were being harmed by people favoring Trump’s Washington hotel in order to curry favor with him.

Democrats Grapple with a Sprawling Primary Field, and No One to Shape It
MSN – Reid Epstein (New York Times) | Published: 7/4/2019

Many strategists say the Democratic Party’s slate of 24 presidential candidates is too unwieldy for a constructive debate, and too large for most voters to follow. With a leadership vacuum at the top of the party, there is no one to elevate candidates with an endorsement, or help steer third-tier candidates out of the race when they have reached their plausible expiration date. Former President Obama is sitting out the primary. The Clintons, a once-dominant party presence, are largely unwelcome this time around. Of the party’s living former presidential nominees, just Walter Mondale and Michael Dukakis have weighed in on the race. The rest are keeping their distance from the messy primary, which polling shows has bifurcated between a top tier of five candidates and everyone else vying just to qualify for the party’s fall debates.

Elizabeth Warren Shuns Conventional Wisdom for a New Kind of Campaign
Politico – Alex Thompson | Published: 7/9/2019

U.S. Sen. Elizabeth Warren is defying the traditional playbook for running a modern presidential campaign. She raised $19.1 million in the second quarter of this year despite swearing off large fundraising events. Her campaign has gone without an outside polling firm, and says it has no plans to hire one, even though it is standard operating procedure. The campaign is shunning the typical model for producing campaign ads, in which outside firms are hired and paid commissions for their work. Instead, Warren’s campaign is producing TV, digital, and media content itself, as well as placing its digital ad buys internally. The approach is a rebuke of the consultant-heavy model of campaigns. Warren and her team see the standard campaign as another symbol of Washington corruption, and an opportunity to do things differently.

Eric Swalwell Ends White House Bid, Citing Low Polling, Fundraising
Politico – Carla Marinucci and Jeremy White | Published: 7/8/2019

U.S. Rep. Eric Swalwell, dogged by fundraising challenges and a failure to register in the polls, is ending his longshot bid for the presidency. He had called on Democratic front-runner Joe Biden to “pass the torch” of party leadership to a new generation in the first Democratic presidential debates. But Swalwell later called a press conference to announce that instead of continuing in the primaries, he will instead seek a fifth term representing his strongly Democratic district in Congress. Consultant Garry South said Swalwell’s attempts at generational appeal “could have had traction, but he was pre-empted by someone a year younger, Pete Buttigieg. He didn’t have that lane to himself.”

FBI Arrests Former Top Puerto Rico Officials in Government Corruption Scandal
National Public Radio – Bobby Allyn | Published: 7/11/2019

U.S. authorities unsealed a corruption indictment against two former top officials in Puerto Rico for directing some $15.5 million in contracts to favored businesses, allegedly edging out other firms for the lucrative government work despite allegations of being unqualified. The two former Puerto Rico leaders – Julia Keleher, who was the secretary of the island’s department of education before stepping down in April, and Ángela Ávila-Marrero, who led Puerto Rico’s Health Insurance Administration until June – were arrested by FBI agents. Prosecutors wrote in the indictment that the conspiracy involved the two former public officials handing four associates who had an inside track to contracts.

Female Tech Lobbyists Shake Up Industry
The Hill – Alex Gangitano | Published: 7/9/2019

Male-dominated Silicon Valley has long faced criticism over gender diversity issues, but in Washington, D.C., the tech industry’s most prominent groups are increasingly led by women. For women in the industry, those changes are a promising trend and long overdue, and come at a critical time for tech businesses. Shirley Bloomfield, chief executive officer of The Rural Broadband Association (NTCA), first started as a lobbyist at NTCA 30 years ago, when she said it was a “barren wasteland for women in the tech industry.” She left after 20 years for stints at Qwest and Verizon, before returning as chief executive nine years ago. Bloomfield says there is more to be done to improve representation.

GOP at War Over Fundraising
Politico – Alex Isenstadt | Published: 7/10/2019

Tensions over the future of the Republican Party’s grassroots fundraising are reaching a breaking point, with the national party turning to strong-arm tactics to get Republicans behind its new, Donald Trump-endorsed platform for small donors. The Republican National Committee (RNC) is threatening to withhold support from party candidates who refuse to use WinRed, the GOP’s newly established online fundraising tool. And the RNC, along with the party’s Senate and gubernatorial campaign arms, are threatening legal action against a rival donation vehicle. The moves illustrate how Republican leaders are waging a determined campaign to make WinRed the sole provider of its small donor infrastructure and to torpedo any competitors.

In the Aftermath of Khashoggi’s Murder, Saudi Influence Machine Whirs on in Washington
Stamford Advocate – Beth Reinhard, Jonathan O’Connell, and Tom Hamburger (Washington Post) | Published: 7/10/2019

Since fall 2018, Washington, D.C. lobbyists and lawyers have reaped millions of dollars for assisting Saudi Arabia as it works to develop nuclear power, buy American-made weapons, and prolong U.S. assistance to the Saudi-led coalition waging war in Yemen, foreign lobbying records show. Shaped by a sophisticated machine that was built over decades, Saudi support on Capitol Hill has been tested in recent months amid international outrage over the kingdom’s involvement in journalist Jamal Khashoggi’s death and a war in Yemen that has killed tens of thousands of civilians. In recent months, some Republicans have joined Democrats in trying to limit U.S. military aid and weapon sales to Saudi Arabia. But with billions of dollars at stake, the powerful defense industry has helped the lobbying corps contain GOP defections.

‘It Can’t Be Worse’: How Republican women are trying to rebuild
New York Times – Maggie Astor | Published: 7/9/2019

As their own election losses poured in, Republicans watched Democratic women make historic gains in 2018 and decided to adopt the Democrats’ strategy for themselves. Those attending the Women’s Campaign School at Yale University said saving Republican women from political extinction was a challenge far bigger than one election cycle. This is because the deeper problem is that Democratic women have a bench; Republican women do not. Part of the trouble is demographic. There are just more Democratic than Republican women among registered voters, and President Trump, who is less popular among women than among men, has not helped. Republicans also lag strategically in several areas: in recruiting female candidates, training them, funding them, and helping them through primaries.

Judge Blocks Trump Rule Requiring Drug Companies to List Prices in TV Ads
New York Times – Katie Thomas and Katie Rogers | Published: 7/8/2019

A federal judge ruled the Trump administration cannot force pharmaceutical companies to disclose the list price of their drugs in television ads, dealing a blow to one of the president’s most visible efforts to pressure drug companies to lower their prices. U.S. District Court Judge Amit Mehta ruled the Department of Health and Human Services exceeded its regulatory authority by seeking to require all drug makers to include in their television commercials the list price of any drug that costs more than $35 a month.

Rep. Duncan Hunter’s ‘Deep State’ Defense Falls Apart
Roll Call – Emily Kopp | Published: 7/8/2019

U.S. Rep. Duncan Hunter’s bid to dismiss the corruption charges against him by alleging a “deep state” conspiracy by U.S. attorneys fell apart when it was revealed that Hunter’s lead attorney had attended the same Democratic fundraiser that he said biased prosecutors. U.S. District Court Judge Thomas Whelan ruled against a motion filed by Hunter’s team, arguing the case should be relocated or dismissed because two of the prosecutors attended a 2015 fundraiser for Hillary Clinton, who was running for president. Their attendance, Hunter’s lawyers said, meant they would be biased in the case against Hunter, an early supporter of Donald Trump. The Justice Department revealed that the lead attorney for Hunter’s defense, Gregory Vega, was also present, and even donated to her campaign.

Steve Bullock Hates ‘Dark Money.’ But a Lobbyist for ‘Dark Money’ Donors Is Helping His Campaign.
Center for Public Integrity – Laura Zornosa | Published: 7/8/2019

Montana Gov. Steve Bullock is staking his presidential campaign on battling “dark money.” But in August, Bullock is scheduled to visit Washington, D.C., for a closed-door campaign fundraiser co-hosted by 11 of the capital’s, including a federally registered lobbyist whose clients have contributed corporate cash to groups that do not disclose their donors, according to an invitation. Jay Driscoll, a Bullock friend and managing partner at lobbying firm Forbes-Tate, lobbied for 37 corporate clients during the first quarter of 2019 alone. The Center for Public Integrity in 2014 found nine of Driscoll’s current corporate lobbying clients had contributed to politically active nonprofit groups that do not voluntarily disclose their donors.

Study: Firm governance key as shareholders assess risk of political activity
Phys.org; Staff –   | Published: 7/9/2019

It is the structure of a firm’s governance that may cause shareholders to walk away if they think they cannot hold the company accountable for its political activity, according to a new study. The research provides empirical evidence to inform the debate surrounding whether companies should be required to disclose details of their investments in political activities as a means of increasing accountability to both shareholders and the public. “The study clearly presents the various ways that U.S. companies can influence the political process via campaign finance and what risk it presents to the average investor because of the lack of transparency over the amounts spent,” said the study’s co-author, Hollis Skaife, an accounting professor at the University of California.

Trump Campaign Knew Consultant Was Behind Joe Biden Parody Site. Does That Make It a Campaign Finance Violation
Newsweek – Asher Stockler | Published: 7/9/2019

Multiple members of President Trump’s re-election campaign knew one of their colleagues was the creator of the Joe Biden parody site before his identity was disclosed recently, a campaign source familiar with the matter said. The New York Times revealed Trump campaign consultant Patrick Mauldin as the digital guru behind JoeBiden.info, a website “parody” of the Biden campaign that was designed to highlight unfavorable quotes and gaffes from the former vice president. While his campaign activities and his extracurricular activities appear to be separate functions, Mauldin’s dual status as a bona fide campaign worker and off-duty web guru raises the question of potential campaign finance violations.

Trump Can’t Block Critics from His Twitter Account, Appeals Court Rules
MSN – Charlie Savage (New York Times) | Published: 7/9/2019

President Trump cannot block his critics on Twitter, a federal appeals court ruled in a case that could affect officials’ communications with the public on social media. Because Trump uses Twitter to conduct government business, he cannot exclude some Americans from reading his posts, and engaging in conversations in the replies to them, because he does not like their views, a three-judge panel of the U.S. Court of Appeals for the Second Circuit ruled unanimously. The ruling was one of the highest-profile court decisions yet in a growing constellation of cases addressing what the First Amendment means in a time when political expression increasingly takes place online.

Warren and Whitehouse call for investigation into Chamber of Commerce
The Hill – Alex Gangitano | Published: 7/10/2019

U.S. Sens. Elizabeth Warren and Sheldon Whitehouse are calling for an investigation into whether the U.S. Chamber of Commerce is properly disclosing lobbying activities. The senators wrote a letter to the Secretary of the Senate and the Clerk of the House, where entities file lobbying disclosures, asking for a review of the Chamber’s reports to determine if they are in compliance with the Lobbying Disclosure Act (LDA). The senators reviewed the Chamber’s disclosures from 2008 through the first quarter of 2019 and claim that since the second quarter of 2016, the Chamber has failed to provide information on its affiliated organizations. The LDA requires a coalition or association disclose entities that contribute at least $5,000 a quarter to its lobbying activities and that actively participate in its lobbying activities.

White House Kills Key Drug Pricing Rule to Eliminate Hidden Rebates
Washington Post – Yasmeen Abutaleb | Published: 7/11/2019

The Trump administration pulled one of its key proposals to lower drug prices that would have eliminated rebates to middlemen in Medicare, which President Trump’s top health official had touted as one of the most significant changes to curb medicine costs for consumers. The rule is the second major drug pricing effort to get blocked recently, complicating the administration’s efforts to make lowering prescription medicine costs a key 2020 presidential campaign issue. Drug makers had favored the rule, but it was strongly opposed by pharmacy benefits managers.

Why the Trump White House Is Caught Up in the Jeffrey Epstein Scandal
MSN – Vivian Wang (New York Times) | Published: 7/7/2019

By the time Jeffrey Epstein, the billionaire financier and felon, was arrested recently and charged with sex trafficking, he had been repeatedly accused of pedophilia and sexual abuse for more than a decade.  But Epstein, whose acquaintances include two presidents and multiple celebrities, had until then avoided federal prosecution. The case could shed new light not only on the allegations, which span years and countries, but also on the extent to which officials who have been linked to Epstein – including, most notably, President Trump and his labor secretary, Alexander Acosta — knew about or downplayed them.

From the States and Municipalities

California – California Bill Limits Spending by Local Government Groups
AP News – Kathleen Ronayne | Published: 7/9/2019

A California lawmaker wants to limit how local government associations can spend taxpayer money after two city councilors got into a brawl at a recent seminar put on by one of the groups. Assemblyperson Cristina Garcia’s bill targets groups that lobby on behalf of and hold education events for local governments. It specifically references the California Contract Cities Association, but it would also apply to groups such as the League of California Cities and the Independent Cities Association. The bill would prohibit them from using dues collected from cities for anything other than lobbying or expenses directly related to educational seminars. The groups would have to disclose how they spend their money.

Florida – Florida, the Sunshine State, Is Slow to Adopt Rooftop Solar Power
New York Times – Ivan Penn | Published: 7/7/2019

Florida calls itself the Sunshine State. But when it comes to the use of solar power, it trails 19 states, including not-so-sunny Massachusetts, New Jersey, and Maryland. Solar experts and environmentalists blame the state’s utilities. The utilities have hindered potential rivals seeking to offer residential solar power. They have spent tens of millions of dollars on lobbying, ad campaigns, and political contributions. And when homeowners purchase solar equipment, the utilities have delayed connecting the systems for months. In Florida, utilities make money on virtually all aspects of the electricity system – producing the power, transmitting it, selling it, and delivering it. Critics say the companies have much at stake in preserving that control.

Georgia – ‘Drag This Out as Long as Possible’: Former official faces rare criminal charges under open-records law
New York Times – Richard Fausset | Published: 7/8/2019

When he was mayor of Atlanta, Kasim Reed’s relationship with the news media was notoriously contentious. At one news conference, Reed responded to reporters’ requests for records by simultaneously releasing more than 1.4 million pages of documents on paper, stuffed into more than 400 boxes, some of them filled with blank sheets and minuscule spreadsheet printouts – a gesture interpreted by many in the local press corps as an act of nose-thumbing. His former press secretary, Jenna Garland, is now facing criminal charges for allegedly failing to comply with Georgia’s open records law. It is a rare predicament for an American government official, and the allegations will do little to allay investigative reporters’ worst suspicions about the spirit with which bureaucrats receive their nagging, but legal, records requests.

Massachusetts – New Disclosure System Creating Headaches for Lobbyists
Taunton Gazette – Matt Murphy (State House News Service) | Published: 7/11/2019

Multiple lobbyists said that over the course of the past week they have tried to input their data to comply with Massachusetts’ disclosure law – including bills that they are lobbying on, expenditures for clients, and campaign contributions – only to be unable to save their work, have the system crash, or see their data erased. Penalties for late filings start at $50 a day for the first week and grow to $100 after July 20. While a larger firm may be able to absorb some fines, one person who works in the industry said they have seen the bills mount for smaller clients, including non-profits, who are less familiar with their responsibilities to report.

Mississippi – Mississippi Politician Blocks Female Reporter from Campaign Trip
MSN – Karen Zraik (New York Times) | Published: 7/10/2019

State Rep. Robert Foster, who is running for governor of Mississippi, blocked a female reporter from shadowing him on a campaign trip “to avoid any situation that may evoke suspicion or compromise” his marriage. Larrison Campbell of Mississippi Today said Foster’s campaign manager, Colton Robison, told her a male colleague would need to accompany her on a 15-hour campaign trip around the state. In blocking the reporter, Foster invoked the “Billy Graham rule,” which refers to the Christian evangelist’s refusal to spend time alone with any woman who was not his wife. The practice has drawn renewed attention in recent years, especially after the resurfacing of a 2002 comment by Vice President Mike Pence that he would not eat alone with any woman other than his wife.

Missouri – ‘Dream for Fans of Corruption’: Greitens Confide ruling vexes transparency advocates
Kansas City Star – Jason Hancock | Published: 7/9/2019

A Cole County judge ruled former Gov. Eric Greitens did not violate Missouri’s Sunshine Law when he and his government staff used a self-destructing text message app called Confide. Circuit Court Judge Jon Beetem said because the text messages were automatically deleted, it meant they were never officially retained, and therefore were not covered by the law. There is no right for a private citizen to sue under the state’s record retention law, the judge said, so the lawsuit against the governor’s office that was filed in late 2017 could not move forward. “[Beetem’s decision] blows a giant hole in the Sunshine Law, and invites further deliberate, automatic destruction of records by public officials,” said Daxton Stewart, a journalism professor at Texas Christian University.

New York – Cuomo Signs a Bill to Allow Release of Trump’s State Tax Returns
New York Times – Jesse McKinley | Published: 7/8/2019

As the battle over President Trump’s federal taxes intensifies in Washington, New York Gov. Andrew Cuomo signed a bill to allow congressional committees to access the president’s state tax returns.  The bill requires state tax officials to release the president’s state returns for any “specified and legitimate legislative purpose” on the request of the chairperson of one of three congressional committees. It is effective immediately, though it is unclear whether it would be challenged by the administration or used by the congressional committees. Still, the state tax documents from New York, the president’s home state and business headquarters, would likely contain much of the same information as the contested federal returns, tax experts say.

New York – Legendary ‘Three Stooges’ Were Briefly NY Campaign Donors
Albany Times Union – Chris Bragg | Published: 7/10/2019

Last year, a campaign account controlled by Nick Langworthy, the new chairperson of the New York State Republican Party, received nearly $13,000 in donations from “Moe Howard” and “Larry Howard,” and also made a $150 payment to “Curly Howard,” according to campaign finance records. A state GOP spokesperson said the Three Stooges’ listing in the campaign filings resulted from errors by the committee’s campaign treasurer, who had put the names in as “placeholders” for real, living peoples’ donations made through PayPal. The Stooges’ names were then accidentally left in place when reports were filed with the state Board of Elections.

North Dakota – North Dakota House Energy Committee Chairman Says Business Relationship with Lobbyist Unrelated to Legislative Work
Grand Forks Herald – John Hageman | Published: 7/8/2019

The chairperson of the North Dakota House’s energy committee defended a business relationship with the state’s top oil and gas lobbyist. Rep. Todd Porter and North Dakota Petroleum Council President Ron Ness are both listed in state records as partners in a commercial real estate investment group. Porter said the relationship does not affect his decision-making at the Capitol because the oil industry is unrelated to the property partnership, which he said includes 42 partners. He said he and Ness were friends “long before” he joined the Legislature in 1999.

Oklahoma – Stitt Outlaws State Agency Lobbyist Hiring with Executive Order
Tulsa World – Keaton Ross (The Oklahoman) | Published: 7/6/2019

Oklahoma Gov. Kevin Stitt issued an executive order that bars state agencies from hiring outside lobbyists as long as he remains in office. Stitt first addressed lobbying in state government in January, when he filed an executive order requiring all state agencies to submit a list of every lobbyist they hired and the terms of their contract. This order also prohibited agencies from entering into, or renewing, any contract with a lobbyist through the duration of Fiscal Year 2019. A total of 35 state agencies hired lobbyists last fiscal year. Some paid local public relations firms, while others consulted with individuals.

Oregon – Political Theater Overshadows Policy; Some Fear Oregon’s Drift Toward D.C. Politics
Salem Statesman-Journal – Connor Radnovich | Published: 7/3/2019

Bookended by concerns about safety in the Oregon Capitol and packed in the middle with partisan squabbling that exploded into a pair of Senate Republican walkouts, 2019 was one of the most contentious sessions in recent history. There is concern among legislative leaders it could get worse. Senate President Peter Courtney said lawmakers across the country are starting to mimic the “legislative anarchy” he sees in Congress, and without a functioning legislative branch, he fears over-powered executives. In February, the Legislature agreed to pay more than $1 million in damages after an investigation by the Bureau of Labor and Industries determined legislative leadership created a hostile workplace by allowing sexual harassment to continue unabated for years against lawmakers, interns, staff, and lobbyists.

Gov. Brian Kemp announced a special election to fill the vacancy in House District 71 on September 3.

The seat was vacated by the resignation of Rep. David Stover on June 25.

Rep. Stover was facing an ethics complaint regarding his residency and resigned to spend more time with his wife in the United Kingdom.

The winner of the special election will complete Stover’s term until 2020.

Campaign Finance

National: “Rep. Duncan Hunter’s ‘Deep State’ Defense Falls Apart” by Emily Kopp for Roll Call

New York: “Cautious Optimism Among Reformers After State Public Campaign Financing Commission Named” by Ethan Geringer-Sameth for Gotham Gazette

Elections

National: “‘It Can’t Be Worse’: How Republican women are trying to rebuild” by Maggie Astor for New York Times

National: “Elizabeth Warren Shuns Conventional Wisdom for a New Kind of Campaign” by Alex Thompson for Politico

Ethics

National: “President Trump Cannot Block His Critics on Twitter, Federal Appeals Court Rules” by Ann Marimow for Washington Post

Missouri: “Former Missouri Gov. Greitens’ Use of Confide Didn’t Violate Sunshine Law, Judge Says” by Jason Hancock for Kansas City Star

North Dakota: “North Dakota House Energy Committee Chairman Says Business Relationship with Lobbyist Unrelated to Legislative Work” by John Hageman for Grand Forks Herald

Lobbying

National: “Female Tech Lobbyists Shake Up Industry” by Alex Gangitano for The Hill

On July 8, Gov. Gavin Newsom was presented with a bill clarifying language related to preelection statements and income from gifts and business entities.

Assembly Bill 903 requires preelection statements to disclose contributions and independent expenditures made to a state, county, or city general purpose committee or made to support or oppose a candidate or measure appearing on the ballot at a specified election.

The specified election will be the next election for certain state or county general purpose committees and elected state officers or candidates for elective state office.

The bill also amends the definition of expenditure to include communications paid for with public moneys by a state or local government agency.

If signed by the governor, the bill takes effect on January 1, 2020.

Campaign Finance

National: “Steve Bullock Hates ‘Dark Money.’ But a Lobbyist for ‘Dark Money’ Donors Is Helping His Campaign.” by Laura Zornosa for Center for Public Integrity

California: “State’s Top Insurance Regulator Accepted Tens of Thousands of Dollars from Industry Executives, Records Show” by Jeff McDonald for San Diego Union Tribune

Elections

National: “Democrats Grapple with a Sprawling Primary Field, and No One to Shape It” by Reid Epstein (New York Times) for MSN

Ethics

National: “Justice Dept. to Replace Lawyers in Census Citizenship Question Case” by Michael Wines, Katie Benner, and Adam Liptak for New York Times

Virginia: “Former Del. Ron Villanueva Sentenced to 2½ Years in Prison for Defrauding Federal Government” by Scott Daugherty for The Virginian-Pilot

Washington DC: “D.C. Council Member Jack Evans Increasingly Isolated as FBI Probe Advances” by Peter Jamison and Paul Schwartzman for Washington Post

Legislative Issues

Oregon: “Political Theater Overshadows Policy; Some Fear Oregon’s Drift Toward D.C. Politics” by Connor Radnovich for Salem Statesman-Journal

Lobbying

Oklahoma: “Stitt Outlaws State Agency Lobbyist Hiring with Executive Order” by Keaton Ross (The Oklahoman) for Tulsa World

National/Federal

2020 Census Will Not Include Citizenship Question, DOJ Confirms
Philadelphia Inquirer – Ann Marimow, Matt Zapotosky, and Tara Bahrampour (Washington Post) | Published: 7/2/2019

In a defeat for President Trump, his administration ended its effort to add a citizenship question to the 2020 U.S. census, saying it will begin printing forms that do not include the contentious query. The move comes days after the U.S. Supreme Court the rationale for the question as “contrived.” Officials determined there would not be enough time to continue the legal battle and meet the printing deadlines for the census questionnaire. Critics of the question, including some at the Census Bureau, said it could cause an undercount of millions of people in immigrant communities who would be afraid to return the form, leading to an inaccurate number that could skew representation and apportionment in favor of Republican areas.

Ethics Panel Launches Gaetz Investigation Over Cohen Tweet
Politico – Kyle Cheney | Published: 6/29/2019

The House Committee on Ethics announced it is investigating U.S. Rep. Matt Gaetz for a February tweet in which he threatened to release embarrassing personal information about President Trump’s former lawyer, Michael Cohen. The committee said it has opened a formal inquiry into Gaetz’s comment based on a complaint from a fellow lawmaker, who is not identified. According to the ethics panel, Gaetz disregarded an initial review of the complaint, an extraordinary rebuke to his colleagues. Gaetz’s initial attack on Cohen came a day before the former Trump confidant was slated to testify to the House Oversight Committee, a high-profile hearing in which Cohen ultimately slammed the president as dishonest and provided evidence he paid hush money to women ahead of the 2016 election.

Gregory Craig Preps for Trial Tightrope in Foreign Agent Case
Law.com – Andrew Strickler | Published: 7/1/2019

Attorney Gregory Craig was charged with misleading Department of Justice officials six years ago about a Skadden Arps Slate Meagher & Flom report commissioned by Paul Manafort and public-relations activities that would have triggered a duty for Skadden to publicly register under the Foreign Agents Registration Act (FARA). Craig has vehemently denied lying to FARA officials or helping spin the report to influence a U.S. audience. He has also argued that neither of the government’s charged statutes imposed a clear obligation on him to reveal to FARA officials all the information they might have wanted to know.

House Democrats Sue for Trump’s Tax Returns
Politico – Brian Faler | Published: 7/2/2019

House Democrats sued for President Trump’s tax returns, marking the beginning of a high-stakes legal fight over his efforts to keep them secret. Democrats are seeking six years’ worth of returns under a 1924 law allowing the leaders of Congress’ tax committees to examine anyone’s confidential tax information. Democrats hope the documents will answer a host of questions about Trump’s finances. The president has defied a decades-old tradition of presidents voluntarily releasing their returns, and his administration is fighting the effort to force his hand, arguing Democrats do not have a legitimate reason for seeking the information. While the fight over Trump’s taxes could be lengthy, with the administration likely to try to drag out the proceedings beyond next year’s elections, some see signs the courts are trying to move quickly on the oversight challenges.

It’s a Question No One Says They Want to Ask. But the Women Running for President Keep Hearing It.
New York Times – Lisa Lerer | Published: 7/2/2019

Three years after nominating the first woman in history to head a presidential ticket, nearly six months after a wave of energized women swept Democrats into power in the U.S. House, and as a record number of women run for president, the party finds itself grappling with the strangely enduring question of the electability of women, and with the challenge for the candidates of refuting it before it becomes a self-fulfilling prophecy. Privately, Democratic strategists, candidates, and officials say they have been alarmed by how deeply doubts about female electability have taken hold. A portion of the party’s voters suggest they are eager to see a woman on the ticket but fear that putting her in the top slot could cost them the White House again.

Journalists, Pundits and Retired Politicians Put on a Show for Lobbyists
MAPLight.org – Andrew Perez, Abigail Luke, and Tom Zelina | Published: 7/2/2019

The practice of paying high-profile Washington, D.C. insiders to speak at industry trade shows and conferences, known as “buckraking,” is not a recent development. But as the rules on political participation by nonprofits and trade associations have been loosened, it has become common for lobbying groups to pay large sums to influential insiders who drive news coverage and public opinion. Guidelines on paid speeches vary widely across the industry, although the Society of Professional Journalists calls for reporters and editors to “refuse gifts, favors, fees, free travel and special treatment, and avoid political and other outside activities that may compromise integrity or impartiality, or may damage credibility.”

NRA Meltdown Has Trump Campaign Sweating
Politico – Alex Isenstadt | Published: 7/3/2019

The National Rifle Association (NRA) aired an avalanche of television ads and pushed its five million-plus members to the polls for Donald Trump in 2016, propelling him in the Rust Belt states that delivered him the presidency. Now, the gun rights group is in total meltdown and senior Republicans and Trump campaign officials are alarmed. The turmoil is fueling fears that the NRA will be diminished heading into the election, leaving the Republican Party with a gaping hole in its political machinery. With the Chamber of Commerce and Koch political network withdrawing from their once-dominant roles in electing conservatives, Republicans worry that three groups that have long formed the core of their electoral infrastructure will be effectively on the sidelines.

Rep. Duncan Hunter’s Affairs with Congressional Staff Raise Sexual Harassment Concerns
Roll Call – Emily Kopp | Published: 6/28/2019

Republican Party leaders have demurred on whether U.S. Rep. Duncan Hunter should resign over revelations he pursued relationships with two congressional staffers, including one of his own aides. But that does not mean allegations that Hunter had “intimate relationships,” as U.S. attorneys described them in a recent court filing, with two staffers will not trigger consequences on Capitol Hill. The relationships were revealed in a motion filed in connection with Hunter’s upcoming trial on charges alleging he misused campaign funds for personal expenses. Hunter dipped into campaign coffers to pay for drinks out, couples’ trips, and Uber rides from the women’s homes to his congressional office, prosecutors say. The relationships predate a law that amended the House’s code of conduct to prohibit members of Congress from dating subordinates. But Hunter’s behavior still raises ethical concerns, experts say.

‘The Enigma of the Entire Mueller Probe’: Focus on origins of Russian investigation puts spotlight on Maltese professor
MSN – Rosalind Helderman, Shane Harris, and Ellen Nakashima (Washington Post) | Published: 6/30/2019

A conversation between Maltese-born academic Joseph Mifsud and Trump campaign aide George Papadopoulos, eventually relayed by an Australian diplomat to U.S. government officials, was cited by special counsel Robert Mueller as the event that set in motion the FBI probe into ties between the Trump campaign and Russia. With Attorney General William Barr’s review of the counterintelligence investigation underway, the origins of the inquiry itself are now in the spotlight and with them, the role of Mifsud. Some of President Trump’s allies and advisers have been floating a provocative theory: that Mifsud was a Western intelligence plant, citing exaggerated and at times distorted details about his life. Such a notion runs counter to the description of Mifsud in the Mueller report, which states he “had connections to Russia” and “maintained various Russian contacts.”

The Nationwide Battle Over Gerrymandering Is Far from Over
Politico – Steven Shepard and Scott Bland | Published: 6/27/2019

The U.S. Supreme Court’s ruling that federal courts have no business deciding how much partisan gerrymandering is too much did not end the fight over how politicians draw political lines, it just moved the battlefield. The justices accelerated the race between the two parties to tilt the system to their advantage by electing as many governors and legislators as possible or, in some states, getting voters to support ballot measures to take the redistricting process out of politicians’ hands by 2021. While the justices closed off filing legal challenges to gerrymandering in federal courts, they explicitly said those lawsuits are still fair game in state courts. It was there that Democratic-aligned plaintiffs successfully demolished Pennsylvania’s Republican-drawn congressional map before the 2018 elections.

Trump Advisers Pursue Democratic Drug-Price Ideas as Campaign Looms
Washington Post – Yasmeen Abutaleb, Josh Dawsey, and Laurie McGinley | Published: 7/2/2019

As President Trump presses to make health care a central plank of his 2020 reelection bid, he is frustrated with those he thinks are thwarting his ability to deliver on a major campaign promise: lowering drug prices. That has included Health and Human Services Secretary Alex Azar, a former drug executive who until very recently pushed back on proposals to import lower-cost drugs from Canada and negotiate drug prices in Medicare. Now, though, under pressure to deliver campaign talking points, Azar has reversed his long-standing opposition to ideas traditionally espoused by Democrats and reviled by most Republicans and the drug industry.

Trump Facebook Ads Use Models to Portray Actual Supporters
AP News – Robert Condon | Published: 7/2/2019

A series of Facebook video ads for President Trump’s re-election campaign shows what appears to be a young woman strolling on a beach in Florida, a Hispanic man on a city street in Texas, and a bearded hipster in a coffee shop in Washington, D.C., all making glowing, voice-over endorsements of the president. But the people in the videos that ran in the past few months are all actually models in stock video footage produced far from the U.S. in France, Brazil, and Turkey, and available to anyone online for a fee. Though the 20-second videos include tiny disclaimers that say, “actual testimonial, actor portrayal,” they raise the question why a campaign that can fill arenas with supporters would have to buy stock footage of models.

Twitter Adds Labels for Tweets That Break Its Rules – a Move with Potentially Stark Implications for Trump’s Account
Boston Globe – Elizabeth Gwoskin and Tony Romm (Washington Post) | Published: 6/27/2019

Political figures who use Twitter to threaten or abuse others could find their tweets slapped with warning labels. The new policy comes amid complaints that President Trump has gotten a free pass from Twitter to post hateful messages and attack his enemies in ways they say could lead to violence. From now on, a tweet that Twitter deems to involve matters of public interest, but which violates the service’s rules, will be obscured by a warning explaining the violation. Users will have to tap through the warning to see the underlying message, but the tweet will not be removed. Twitter said the policy applies to all government officials, candidates and similar public figures with more than 100,000 followers. In addition to applying the label, Twitter won’t use its algorithms to “elevate” or otherwise promote such tweets.

Ukraine Role Focuses New Attention on Giuliani’s Foreign Work
New York Times – Kenneth Vogel | Published: 6/30/2019

Pavel Fuks, a wealthy Ukrainian-Russian developer looking for ways to attract more investment from the U.S. to his hometown of Kharkiv, Ukraine, enlisted an especially well-connected American to help him: Rudolph Giuliani. Fuks hired Giuliani, who in 2018 would become the president’s personal lawyer, under a one-year deal to help improve Kharkiv’s emergency services and bolster its image as a destination for investment. Fuks’s description of Giuliani as a lobbyist further highlighted a controversy over what some say is a pattern by Giuliani of providing influence with the Trump administration. Democrats have asked whether Giuliani’s role working in a number of foreign countries fits the legal definition of lobbying and requires him to register as a foreign agent, something Giuliani has not done.

Welcome to 2020, the Era of Crowdfunded Presidential Debates
Washington Post – Michelle Ye Hee Lee | Published: 7/2/2019

Democrats this year are giving not only to help their preferred candidates, but also to offer a small token of appreciation for a clever policy idea for someone else, or to keep an underdog in the game. Welcome to the 2020 primaries, an era of crowdfunded presidential debates. Campaign donations and debates have become intermingled this year, with the Democratic National Committee for the first time requiring that candidates reach a certain number of donors to qualify for primary debates. That has created an intense focus on fundraising, with candidates asking supporters for money specifically to help them qualify for the widely watched forums. More than 100 debate viewers from across the country responded to a call-out by The Washington Post on Instagram, asking them about the moments that resonated with them and drove them to give money.

From the States and Municipalities

Arizona – A GOP Governor Wants to Cancel a Nike Contract after Flag-Shoe Flap, but the City It’s Headed for Isn’t Backing Down
Greenwich Time – Eli Rosenberg and Michael Brice-Saddler (Washington Post) | Published: 7/3/2019

Nike stopped production of shoes that featured the image of an American flag after former NFL quarterback Colin Kaepernick reportedly lodged a complaint. Kaepernick, who is a face of the company, said he found the Betsy Ross flag designed in 1777 offensive because of its connection to the era of slavery. Arizona Gov. Doug Ducey said he ordered state authorities to revoke an incentive package it offered Nike to open a factory in the state. But Goodyear Mayor Georgia Lord said the city would honor the agreement. Boycotts by companies and independent contractors over governmental policies that cross what some see as lines on race or gender have become a common. Ducey’s decision inverted the calculation – in this case, a state would monetarily punish a private company for a political decision it made.

Connecticut – They Love Public Financing. The Oversight, Not as Much.
Connecticut Mirror – Mark Pazniokas | Published: 7/3/2019

Watchdogs are concerned the Connecticut General Assembly’s relationship with the State Elections Enforcement Commission (SEEC) could undermine campaign finance reforms adopted in 2005. Near the end of the 2019 session, a deal by legislative leaders sped an elections bill that contained a calculated slap at the SEEC through the Senate in little more than a minute. It would have set term limits on the agency’s director, treating elections enforcement differently than the state’s other watchdogs. The measure marked the fifth time since 2011 the Legislature has at least attempted to curb the powers of the SEEC or loosen campaign finance rules, reflecting a longstanding antipathy towards the agency that not only enforce the laws, but bankrolls campaigns.

Missouri – Meet the Consultant Who Got Stenger Elected, and Why He’s Still ‘Proud’ He Won
St. Louis Post-Dispatch – Jacob Barker | Published: 6/30/2019

Two days after Steve Stenger pleaded guilty to federal “pay-to-play” charges, Democratic consultant Michael Kelley was on television, sounding as though he barely knew the former St. Louis County executive. “… An absolutely ridiculous thing for Steve Stenger to have been involved in,” Kelly said. Left unsaid was the fact that Stenger’s campaign had paid Kelley’s Show Me Victories – the political communications arm of the Kelley Group – $550,000 during his two successful election campaigns. Nor did Kelley mention that Stenger, as county executive, had been a regular at the Kelley Group’s offices, visiting almost weekly for meetings in 2018. In addition to the Stenger campaign, Show Me Victories has worked on nearly every major local ballot proposition in the last few years.

New Jersey – U.S. Supreme Court to Hear Bridgegate Appeal. Stunning Move Keeps Alive Case That Dogged Christie.
Newark Star Ledger – Ted Sherman (NJ Advance Media) | Published: 6/28/2019

Bridget Anne Kelly, the one-time aide to former New Jersey Gov. Chris Christie whose “time for some traffic problems” email became a key focal point of the Bridgegate corruption scandal, will get a final chance to argue she was wrongfully convicted. The U.S. Supreme Court agreed to hear Kelly’s appeal – weeks before she is due to report to federal prison – reviving a case that many had thought was finally over. The decision to review her conviction could raise new questions about the ability of the government to take on major political prosecutions, by a court that has taken aim at a number of high-profile corruption cases in recent years. Lawyers for Kelly had argued that federal prosecutors used criminal fraud statutes typically used in cases of personal gain, such as bribery, to instead criminalize routine political behavior.

North Dakota – Legislator as Landlord: Financial disclosures don’t highlight state agency leases with North Dakota elected officials
Jamestown Sun – John Hageman | Published: 6/30/2019

Several current or former elected state officials in North Dakota have an interest in property rented by state agencies, but those financial relationships were not readily apparent on campaign disclosure forms. The officials defended the leases, which are not awarded through a formal competitive bidding process, as a byproduct of North Dakota’s citizen-run Legislature and said they do not affect their decision-making. Dina Butcher, who led the effort to pass last year’s ballot measure etching new ethics rules into the state constitution, did not directly criticize the state officials because the arrangements are not illegal, and she was not aware of any leases being unfairly awarded. But she said the ethics commission created by Measure 1 may take up the issue once it is formed.

Oregon – Campaign Finance Limits on Track to Oregon Ballot
Oregon Public Broadcasting – Jeff Mapes | Published: 7/1/2019

Voters in Oregon will decide next November whether the state constitution should allow limits on campaign donations. Legislative approval of the historic campaign finance measure comes three months after The Portland Oregonian revealed how the outsize influence of corporate campaign money helped limit environmental protections in a state that once aimed to be an environmental pioneer. Per capita, corporate interests have given more money to the average Oregon lawmaker than in any state in the country, the investigation found. Lawmakers also passed House Bill 2716, under which some large funders will need to be disclosed in some advertisements.

Texas – How a Longtime Aide to Texas Gov. Greg Abbott Became a Top Lobbyist
Austin American-Statesman – Asher Price | Published: 6/27/2019

Daniel Hodge, a former aide to Texas Gov. Greg Abbott who is now a lobbyist, earned as much as $3.7 million this year representing more than two dozen clients at the state Legislature. It illuminates how someone like Hodge can, within a couple of years of hanging a shingle, become one of the highest-paid lobbyists in the state. Longtime lobbyists say the transition is a natural one, using knowledge learned and relationships built in the public sector for effective advocacy outside it. But watchdogs have pointed to the close link between the Legislature and those who peddle access to government funds as an erosion of public trust. In recent years, lawmakers have tried, with limited success, to expand restrictions on the path from state government to lobbying.

Wyoming – Wyoming Tribe Funded Effort to Kill Gambling Regulations; Sides Dispute Who Created the Group
Casper Star-Tribune – Nick Reynolds | Published: 7/1/2019

A casino managed by the Northern Arapaho tribe gave thousands of dollars to a secretive organization trying to defeat regulated gambling in Wyoming, records show, but tribal officials say they were duped by their lobbyist who set up the group. The tribe fired the lobbyist, Mark Howell recently. Howell, and a minority of tribal leadership, denied the officials’ version of events, saying they ordered the group’s creation. The Wind River Hotel and Casino put more than $80,000 into the Wyoming Public Policy Center, which formed prior to the 2019 legislative session. The group has spent more than $60,000 in lobbying expenses and engaged in a sophisticated advertising campaign. Little had been known about the group’s activities prior to the filing. Hidden behind a wall of anonymous filings in multiple jurisdictions, the group had been afforded a level of secrecy unavailable in states with stricter corporate filing laws.