December 15, 2021 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance Florida: “The Coffee Shop at This Non-Profit Florida Hospital Pours Cash into Political Coffers” by Kirby Wilson for Miami Herald Ethics National: “House Votes to Hold Meadows in Contempt for Refusing to Comply with Jan. 6 Committee Subpoena” […]

December 14, 2021 • Written by Mariah Dick

Maine Sets Dates for Lobbyist Harassment Training

The Maine State Ethics Commission released the dates of the next lobbyist harassment training. All lobbyists must complete harassment training at the start of each legislative session and lobbyists must maintain copies of their annual certifications for at least two […]

December 13, 2021 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance National: “Big Law Firms Promised to Punish Republicans Who Voted to Overthrow Democracy. Now They’re Donating to Their Campaigns” by Andy Kroll (Rolling Stone) for Yahoo News National: “A New Lawsuit Accuses the FEC of Failing to Investigate […]

December 10, 2021 • Written by Jim Sedor

News You Can Use Digest – December 10, 2021

National/Federal Challenges to the Voting Rights Act Far from Over Center for Public Integrity – Carrie Levine | Published: 12/1/2021 When the U.S. Supreme Court decided an important voting rights case earlier this year, its ruling made it more difficult for […]

National/Federal

Challenges to the Voting Rights Act Far from Over
Center for Public Integrity – Carrie Levine | Published: 12/1/2021

When the U.S. Supreme Court decided an important voting rights case earlier this year, its ruling made it more difficult for voters to challenge restrictive state voting laws. Now, Texas is making an argument that, if adopted, would further hobble use of what remains of the Voting Rights Act. In a brief filed in a redistricting case, lawyers for the Texas argued it is not clear that Section 2 of the act allows private challenges to state laws at all, an argument that flies in the face of how the landmark civil rights-era statute has been interpreted by federal courts for decades.

Chris Cuomo Fired by CNN After Aiding Governor Brother and Other ‘New Allegations’
MSN – Jeremy Barr (Washington Post) | Published: 12/4/2021

Four days after announcing he would be indefinitely suspended from the network, CNN terminated its host Chris Cuomo following an investigation conducted by a law firm that it said had turned up “additional information” about him. Cuomo was suspended a day after documents released by New York Attorney General Letitia James showed he was more extensively involved in helping to defend his brother, then-Gov. Andrew Cuomo, against allegations of sexual misconduct than he had acknowledged, either publicly or to CNN management.

Courts May Play Outsize Role in Redistricting Fights
MSN – Michael Macagnone (Roll Call) | Published: 12/7/2021

The delayed release of 2020 census data has seen states sprinting to finish redistricting, but with control of the U.S. House hanging by a handful of seats, litigants are looking to courthouses to challenge the mapmaking effort. Several states, such as South Carolina and Pennsylvania, face lawsuits without having even finished their redistricting process. Challenges elsewhere have already played out: Republicans dropped a lawsuit against Oregon’s new congressional map recently.

Far Right Is Using Twitter’s New Rule Against Anti-Extremism Researchers
Washington Post – Drew Harwell | Published: 12/3/2021

Neo-Nazis and far-right activists are coaching followers on how to use a new Twitter rule to persuade the social media platform to remove photos of them posted by anti-extremism researchers and journalists who specialize in identifying episodes of real-world hate. Advocates said they worry the new policy will suppress efforts to document the activities of the far right and will prove to be a gift to members of hateful movements eager to keep their identities concealed.

Jan. 6 Committee Says It Will Move to Hold Former Trump Chief of Staff Mark Meadows in Criminal Contempt
MSN – Jacqueline Alemany and Josh Dawsey (Washington Post) | Published: 12/8/2021

The U.S. House select committee investigating the January 6 attack on the Capitol said it is preparing to hold Mark Meadows, former President Trump’s chief of staff, in criminal contempt for not complying with the panel’s subpoena as it is ramping up efforts to force former Trump administration officials to cooperate with its inquiry. Committee Chairperson Bennie Thompson said in a letter sent to Meadows the panel’s patience had run out and dismissed his argument that much of the information the committee sought was covered by executive privilege because it involved his duties as an aide to Trump at the White House.

Pro-Trump Scam PAC Operator, PPP Fraudster Sentenced to Nearly 4 Years in Prison
MSN – Spencer Hsu (Washington Post) | Published: 12/6/2021

A Las Vegas man behind both a pro-Trump scam PAC and a fraudulent Paycheck Protection Program (PPP) loan scheme was sentenced to 46 months in prison and ordered to repay $1.4 million to his victims, including federal taxpayers. James Bell stole government pandemic relief aid while also conning supporters of both President Trump and eventual victor Joe Biden in the 2020 presidential election. Bell, prosecutors said, was the first scam PAC operator to be sentenced in federal court in Washington, as well as the first PPP loan fraud defendant.

Rep. Devin Nunes to Leave Congress to Become Trump Media Company CEO
MSN – Amy Wang and David Weigel (Washington Post) | Published: 12/6/2021

U.S. Rep. Devin Nunes plans to leave his seat at the end of December to become chief executive officer at a new media company founded by former President Trump. Nunes represents a historically Republican district that was growing more competitive even before the current round of redistricting. Early drafts of California’s next map put Nunes in a less Republican district in the Fresno area, one that backed Joe Biden by nine points. The Trump Media and Technology Group has not yet released any products to the public and missed its self-imposed deadline to roll out a beta-test version of its social media service in November.

Sidney Powell Group Raised More Than $14 Million Spreading Election Falsehoods
MSN – Emma Brown, Rosalind Helderman, Isaac Stanley-Becker, and Josh Dawsey (Washington Post) | Published: 12/6/2021

Records show Defending the Republic, a nonprofit founded by attorney Sidney Powell to fight the results of the 2020 presidential election, has raised more than $14 million, a sum that reveals the reach and resonance of one of the most visible efforts to fundraise using baseless claims about the election. Previously unreported records also detail acrimony between Powell and her top lieutenants over how the money, now a focus of inquiries by federal prosecutors and Congress, was being handled. As head of Defending the Republic, Powell controlled $9 million as recently as this summer.

Ted Cruz Has Never Recouped More Than $500,000 He Loaned His First Campaign. He’s Working to Overturn the Law That’s Blocked Him.
Texas Tribune – James Polard | Published: 12/8/2021

Ted Cruz loaned his campaign over $1 million in 2012, which helped him win election to the U.S. Senate. Cruz has never been able to recoup $545,000 of that loan. A 2002 law bans victorious federal candidates from using more than $250,000 raised after an election to pay back loans they gave their own campaigns prior to Election Day. A lawsuit the campaign filed against the FEC will soon reach the U.S. Supreme Court. Cruz’s campaign lawyers are expected to argue the limit is unconstitutional, arbitrarily limits political speech, and deters candidates from loaning money to their campaigns.

The Troubling New Void in Local Journalism – and the Nonprofits Trying to Fill It
MSN – Elahe Izadi (Washington Post) | Published: 12/6/2021

States Newsroom is a network of nonprofit newsrooms covering state government across the country. These outlets keep close tabs on state Legislatures and regulatory agencies where decisions are being made that affect many aspects of daily life for citizens. With funding from foundations and a variety of donors, States Newsroom formed two years ago to attempt to fill a void in what many government watchdogs and civil-society experts believe is one of the biggest manifestations of the local journalism crisis: the dire shortage of reporters covering state government.

From the States and Municipalities

Arizona – Lawmaker’s Bill Would Make Arizona School Board Elections Partisan
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 12/5/2021

State Sen. Michelle Ugenti-Rita believes she has a way of helping Arizona voters identify who they want to run their school boards: make candidates run with their party affiliation. The proposal would scrap the current system where people interested in the unpaid position submit nominating papers and then run against each other in a general election. Instead, all the registered candidates from each party would compete in an August primary, with the winners then facing off in November. it would put Arizona in the minority of states with a similar system, following only Louisiana and Pennsylvania.

Arkansas – State Officials Look to Replace Arkansas’ ‘Clunky,’ ‘Antiquated’ Electronic Campaign-Finance System
Arkansas Democrat-Gazette – Lisa Hammersly | Published: 12/5/2021

Lawmakers and the Arkansas secretary of state’s office are taking steps to procure a new computerized campaign finance system at an estimated cost of $750,000 to $1 million in hopes it will be easier to use. The planned new system, however, is not expected to be in place until after the November 2022 general election. That means candidates and the public have more than a year to coexist with the current system’s flaws. Those include errors and omissions in data, The Arkansas Democrat-Gazette found in examining more than 650,000 campaign contribution and expenditure reports over the past four years.

California – Former Head of DWP Agrees to Plead Guilty to Bribery Charge
MSN – Dakota Smith (Los Angeles Times) | Published: 12/6/2021

The former top executive of the Los Angeles Department of Water and Power (DWP) agreed to plead guilty to a bribery charge in a widening corruption case involving the utility. David Wright accepted bribes from a lawyer in exchange for supporting a $30 million, no-bid DWP contract. Wright also admitted in the plea agreement he participated in several other corrupt schemes while serving as head of the DWP. Paul Paradis, the attorney whose company received the contract, agreed to plead guilty in a scheme that involved him receiving a $2.2-million kickback from another attorney.

California – Lavish Gifts, Expensive Trips: Was California state worker union leader’s spending justified?
MSN – Wes Ventiecher (Sacramento Bee) | Published: 12/3/2021

Records show former Service Employees International Union (SEIU) Local 1000 President Yvonne Walker spent nearly $7,000 on gifts for top union officers and thousands of dollars on international travel for union purposes. That included $4,500 to Disney Resorts in the largest gift to an outgoing officer, along with $5,700 for a flight to Tel Aviv for a labor event and $159 for a celebration at Sacramento’s Device Brewing Company, and other expenditures. IRS rules require the tax-exempt organization to spend its money in ways that benefit members, not themselves. But all the spending potentially was justifiable, according to a tax expert.

California – San Francisco’s City Hall Works to Restore Tarnished Reputation
San Francisco Examiner – Jeff Elder | Published: 12/7/2021

A corruption scandal has spurred ethics reform efforts in San Francisco. The Board of Supervisors voted to prohibit elected officials and city department heads from requesting donations to charities from “interested parties,” including lobbyists, and those seeking contracts and permits from the city. Supervisors cited the federal case in which companies admitted to conspiring to bribe former Public Works Department Director Mohammed Nuru. The San Francisco Ethics Commission is expected to discuss a ballot measure that would lay out broad guidelines on prohibited behavior and ethics training.

California – Wahl Legal Team Agrees to Deposition Date in Ash Street Litigation
San Diego Union Tribune – Jeff McDonald | Published: 12/4/2021

Christopher Wahl, the Southwest Strategies lobbyist who has been meeting privately with San Diego city officials to try to settle litigation over the city’s lease of a high rise, agreed to appear for a deposition in January. San Diego resident John Gordon claimed in his lawsuit that the 20-year lease-purchase deal is illegal. If the interview happens, it comes three months after Wahl was first served a subpoena and some seven weeks after he was initially scheduled to appear for a deposition.

Connecticut – Inquiry Underway into Top Connecticut Prosecutor’s Hiring of Lamont Administration Official’s Daughter. A Former U.S. Attorney Will Investigate.
Hartford Courant – Mark Pazniokas (CT Mirror) | Published: 12/3/2021

Connecticut Gov. Ned Lamont’s administration retained attorneys to investigate “possible improprieties by state employees and possibly others.” Chief State’s Attorney Richard Colangelo Jr. said a focus of the inquiry is the circumstances surrounding his hiring of Anastasia Diamantis, the daughter of Kostantinos Diamantis, one of the budget officials whom Colangelo had been lobbying for help in securing raises. Emails show Anastasia Diamantis was hired as Colangelo unsuccessfully pressed state officials, including her father, for help securing raises for prosecutors.

Florida – House Victory Senior Adviser Resigns Following ‘Ghost Candidate’ Reports
Florida Politics – Renzo Downey | Published: 12/3/2021

Political consultant and fundraiser Dan Newman resigned from the Florida Democrats’ House campaign operation following reports of his ties to a “ghost candidate” scheme. Florida Power and Light (FPL) executives worked with consultants behind the sham candidate scheme currently under investigation for undercutting Senate Democratic candidates last year using Republican strategies. Documents show Newman, who previously lobbied for FPL and has publicly stated he donated to the ghost campaign committee, received a $1.25 million check from FPL for his consulting firm in September 2020. An accompanying text message sent by Newman to consultants read, “The eagle has landed.”

Illinois – Center of ‘Rape Email’ Denies Knowledge of Alleged Illinois Government Coverup
Belleville News-Democrat – John O’Connor (Associated Press) | Published: 12/1/2021

The former campaign worker for Illinois Gov. J.B. Pritzker who is at the center of an email in which a one-time statehouse lobbyist alleged government coverups of a rape and illegal state hiring says he is completely unaware of the purported incidents that have dogged him since the email became public last year. Forrest Ashby, a longtime state employee who worked on the Pritzker’s 2018 campaign, said he never got a direct answer when he confronted the author of the email, Michael McClain – an ex-lobbyist now under indictment in an alleged bribery scheme that tarnished his confidante, former House Speaker Michael Madigan.

Michigan – Sidney Powell, L. Lin Wood Among Attorneys Ordered to Pay $175,000 Over Michigan ‘Kraken’ Suit
MSN – Rosalind Helderman (Washington Post) | Published: 12/2/2021

A federal judge ordered a group of lawyers who brought a failed lawsuit challenging the 2020 election results to pay about $175,000 in legal fees to the state of Michigan and the city of Detroit, the latest in a series of rulings from federal judges seeking to hold lawyers accountable for trying to use the courts to overturn a democratic election. U.S. District Court Judge Linda Parker had already ordered that the group of nine lawyers, including Sidney Powell and L. Lin Wood, be disciplined for their role in the suit, which in August she called “a historic and profound abuse of the judicial process.”

Missouri – Controversial Bill Would Have Aided Missouri Company Under Scrutiny for Contamination
Missouri Independent – Alison Kite | Published: 12/6/2021

Two years ago, a company led by an influential Republican businessperson faced off with the Missouri’s environmental regulators over whether it needed to do additional testing for a chemical that health officials worried could pose a cancer risk to the company’s workers. The company argued the Department of Natural Resources was overzealously enforcing federal hazardous waste testing guidance that was not required by law or regulation. Soon the company’s complaints were reflected in legislation criticized as an attack on the state’s environmental regulation.

New Hampshire – Members of Public Who Attended Legislative Hearings Say They Were Not Contact Traced
Concord Monitor – Ethan DeWitt | Published: 12/4/2021

When Beverly Cotton got the call telling her of a potential COVID-19 exposure at a legislative committee session, it did not come from the New Hampshire House. It came from a fellow audience member. Cotton had joined a dozen other lobbyists, advocates, and reporters to watch the proceedings of the House Election Law Committee. Two days later, she was told someone in the room had later tested positive for COVID-19. The alert was worrying for Cotton, who has an underlying health condition. But the manner in which she received the news was unusual.

New York – New York City Poised to Give Voting Rights to Noncitizens
Yahoo News – Bobby Caina Calvin (Associated Press) | Published: 12/7/2021

Under a bill nearing approval, some 800,000 legally documented, voting-age noncitizens in New York City would be allowed to cast ballots in elections to pick the mayor, city council members, and other municipal officeholders. Noncitizens still would not be able to vote for president or members of Congress in federal races, or in the state elections that pick the governor, judges, and legislators. The move is a counterpoint to restrictions being enacted in some states, where Republicans have espoused unsupported claims of rampant fraud by noncitizens in federal elections.

New York – NY Lt. Gov. Brian Benjamin Changes Answers on Background Check After News’ Expose
New York Daily News – Michael Gartland | Published: 12/6/2021

New state records revealed New York Lt. Gov. Brian Benjamin changed his answers on state background check forms, two weeks after it was reported he provided incorrect information on his original disclosure before being sworn in as Gov. Hochul’s second-in-command. Benjamin refers several times to an addendum on his latest background check form. In it, he concedes that as a candidate, he has “had many interactions with regulatory bodies that oversee elections and campaign finance matters.”

Oregon – Good Government Groups Are Pushing Campaign Finance Limits in Oregon. They Might Have Competition.
OPB – Dirk VanderHart | Published: 12/7/2021

A coalition of good government groups filed three potential ballot measures with the state that would shake up Oregon’s permissive system of funding campaigns. The group says it will decide on one to put forward to voters in 2022, once polling shows which is most popular. While differing in their specifics, each of the proposals would create new limits on what individuals, advocacy groups, corporations, and political parties can contribute to candidates and causes. The proposals also include requirements that political advertisements prominently display top donors, and “dark money” groups disclose their funding sources if they engage in campaigning.

Pennsylvania – PA Senate Election Probe Contract Doesn’t Say If the Public Will See the Results, Among Other Things
WSKG – Sam Dunklau | Published: 12/7/2021

Multiple federal investigations as well as court rulings and state-mandated audits and of ballots from every Pennsylvania county have turned up no evidence of election problems that were out of the ordinary. The Department of State has said the last several election cycles ran smoothly. Even so, Pennsylvania Senate Republicans are paying over $2500,000 in taxpayer money to an Envoy Sage LLC to investigate those elections. Details of the agreement between the two are now public. Democratic senators as well as voter advocates say the document raises more questions than it answers.

Pennsylvania – Philadelphia Gas Works Emails Show Involvement in Drafting Bill That Runs Counter to Climate Goals
StateImpact Pennsylvania – Susan Phillips | Published: 12/3/2021

Philadelphia has as a climate goal of becoming carbon neutral by 2050. But the city owns a large fossil fuel utility, Philadelphia Gas Works (PGW), which represents a major hurdle. Philadelphia is on the verge of releasing a study aimed at figuring out how to transform PGW to cut the city’s carbon emissions. Meanwhile, legislation is making its way through Harrisburg that would tie the hands of municipalities across the state when it comes to electrification. The city opposes the legislation, but emails obtained show PGW executives engaged in crafting, and potentially strengthening, a measure that would block efforts to promote electrification.

Pennsylvania – Philly City Council President Wants to Tweak Ethics Rules. But He Says It’s Not Related to Bobby Henon’s Conviction
MSN – Laura McCrystal (Philadelphia Inquirer) | Published: 12/2/2021

Two weeks after Philadelphia City Councilperson Bobby Henon was convicted of bribery, council President Darrell Clarke proposed a modest tweak of city ethics rules: that council members must provide written notice when they recuse themselves from votes due to a conflict-of-interest. Clarke’s spokesperson denied the new measure was a response to the criminal case. A federal jury found inion leader John Dougherty bought Henon’s loyalty with a $70,000 annual union salary.

Pennsylvania – The Pa. Politicians Who Got Local 98 Campaign Money Aren’t Having Second Thoughts, Even After Johnny Doc’s Conviction
MSN – Jonathan Tamari and Andrew Seidman (Philadelphia Inquirer) | Published: 12/8/2021

Convicted of bribery, the powerful Philadelphia labor leader John Dougherty has resigned from the union he led for almost three decades and is likely headed to federal prison. But prominent Pennsylvania politicians who’ve benefited from the union’s largesse are not renouncing its campaign money or saying much of anything about the trial that illustrated the city’s sometimes toxic mix of money and politics. Only one major recipient expressed any qualms about the contributions, which ranged from thousands of dollars to more than $1 million.

Texas – Justice Dept. Sues Texas Over Redistricting, Citing Discrimination Against Latinos
MSN – David Nakamura and Devlin Barrett (Washington Post) | Published: 12/6/2021

The U.S. Justice Department sued Texas for the second time in a month over voting-related concerns, this time alleging Republican state lawmakers discriminated against Latinos and other minorities when they approved new congressional and state legislative districts that increased the power of White voters. Attorney General Merrick Garland’s announcement marked the Biden administration’s first major legal action on redistricting. While the U.S. Supreme Court has declined to put limits on partisan gerrymandering, it is illegal to draw lines that are unfair to racial and ethnic minorities.

Utah – Proposed Ballot Initiative Would Return Utah to In-Person Paper Balloting on Election Day
Salt Lake Tribune – Brian Schott | Published: 12/7/2021

A group called Secure Vote Utah is hoping to get enough signatures to put an initiative on the 2022 ballot to do away with the state’s mail-in elections in favor of all paper ballots. The proposal also scraps early voting and most absentee balloting and makes it more difficult to register to vote. As it stands, every registered voter in the state is sent a ballot through the mail. If voters approve the initiative, nearly all voting would use paper ballots, marked by a pen or pencil, at neighborhood polling places. The only exceptions are for disabled individuals who need a mechanical method for voting.

Wisconsin – Wisconsin Family Action Sues to Strike Down Campaign Finance Rule to Shield Names of Its Donors
Yahoo News – Patrick Marley (Milwaukee Journal-Gazette) | Published: 12/6/2021

Wisconsin Family Action filed a lawsuit saying it was reluctant to spend money in two congressional races because it feared the FEC would try to force it to disclose the names of its donors. It is asking U.S. District Court Judge William Griesbach to declare some of the FEC’s regulations unconstitutional. The lawsuit alleges the agency is trying to require groups like Wisconsin Family Action to disclose the names of donors who give more than $200 even if the money is not intended for political efforts.

December 8, 2021 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Elections New York: “New York City Poised to Give Voting Rights to Noncitizens” by Bobby Caina Calvin (Associated Press) for Yahoo News Ethics National: “The Troubling New Void in Local Journalism – and the Nonprofits Trying to Fill It” by […]

December 7, 2021 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance National: “Sidney Powell Group Raised More Than $14 Million Spreading Election Falsehoods” by Emma Brown, Rosalind Helderman, Isaac Stanley-Becker, and Josh Dawsey (Washington Post) for MSN Arkansas: “State Officials Look to Replace Arkansas’ ‘Clunky,’ ‘Antiquated’ Electronic Campaign-Finance System” […]

December 3, 2021 • Written by Matthew Gehring

FPPC Adopts New Regulations

The California Fair Political Practices Commission (FPPC) passed regulations regarding reporting payments for online communications and accounting of lobbying entities. Regulation 18421.10 seeks to shed light on social media manipulation by “purchasers” and “bots.” Under the new rules, committees who […]

December 3, 2021 • Written by Jim Sedor

News You Can Use Digest – December 3, 2021

National/Federal Appeals Court Scrutinizes Trump Bid to Keep Jan. 6 White House Records Secret from Congress MSN – Spencer Hsu and Ann Marimow (Washington Post) | Published: 11/30/2021 An appeals court scrutinized former President Trump’s effort to keep White House documents […]

National/Federal

Appeals Court Scrutinizes Trump Bid to Keep Jan. 6 White House Records Secret from Congress
MSN – Spencer Hsu and Ann Marimow (Washington Post) | Published: 11/30/2021

An appeals court scrutinized former President Trump’s effort to keep White House documents secret from a congressional committee investigating the January 6 attack on the Capitol. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit expressed skepticism about the role of the courts in settling a dispute in which a former president and the sitting president are at loggerheads over the release of records. The hearing probed the limits of the separation of powers, U.S. Supreme Court precedent over the ownership of presidential records, and a statute governing their release.

CNN Suspends Chris Cuomo ‘Indefinitely’ After Documents Detail Help He Gave His Brother
MSN – Sarah Ellison and Jeremy Barr (Washington Post) | Published: 11/30/2021

CNN suspended Chris Cuomo a day after the release of documents that detailed his efforts to help his brother, then-New York Gov. Andrew Cuomo, fend off allegations of sexual misconduct. Transcripts from the New York attorney general’s office showed the cable television host was far more involved in the ex-governor’s crisis-management efforts than the younger Cuomo had previously acknowledged. The network and its president, Jeff Zucker, had backed Chris Cuomo for months, even as details accumulated about his role advising his brother, who eventually resigned in the wake of the sexual harassment allegations.

Congress Closes in on Sexual Misconduct Reform, 4 Years After Its #MeToo Moment
MSN – Marianne Levine (Politico) | Published: 12/1/2021

The Senate and House Judiciary Committees recently approved bipartisan legislation that would put an end to private employers’ use of forced arbitration – mediation between alleged victims and perpetrators that operates outside the traditional legal system – by allowing victims to decide whether they want to take their sexual harassment or assault claims to court instead. Proponents of the sexual misconduct reform bill are planning to see whether it can pass unanimously in the coming weeks without a time-consuming roll-call vote, or alternately whether it can hitch a ride on another legislative vehicle.

Dark-Money Group Paid Former Trump AG to Ask for Pardons – and He Never Registered as a Lobbyist
Yahoo News – Roger Sollenberger (Daily Beast) | Published: 12/1/2021

Matthew Whittaker held various posts at the Justice Department during the Trump administration. When he left the government, the nonprofit FreedomWorks brought him on to head an initiative that “aims to recommend deserving individuals to the Trump administration for pardons and commutations.” A federal filing shows Freedom Works paid Whitaker $400,000 last year in unspecified “consulting” fees. He was directly involved in White House clemency negotiations, but never registered as a lobbyist while advocating for pardons and FreedomWorks never named clemency issues in any of its 2020 lobbying reports.

Facebook’s Race-Blind Practices Around Hate Speech Came at the Expense of Black Users, New Documents Show
MSN – Elizabeth Dwoskin, Nitasha Niku, and Crag Timberg (Washington Post) | Published: 11/21/2021

A two-year effort by a large team of researchers at Facebook urged executives to adopt an aggressive overhaul of its software system to remove hateful posts before any users could see them. But Facebook’s leaders balked at the plan. According to two people familiar with the internal debate, top executives including Vice President for Global Public Policy Joel Kaplan feared the new system would tilt the scales by protecting some vulnerable groups over others. A policy executive prepared a document for Kaplan that raised the potential for backlash from “conservative partners,” according to the document.

Former White House Chief of Staff Mark Meadows Cooperating with Jan. 6 Committee
MSN – Mariana Alfaro (Washington Post) | Published: 11/30/2021

Mark Meadows, former President Trump’s chief of staff at the time of the January 6 attack on the Capitol, is cooperating with the House committee investigating the insurrection. Meadows is the highest-profile member of Trump’s inner circle who is known to be cooperating or who the committee has publicly acknowledged is cooperating. Committee members have previously said many people with connections to the events of that day have voluntarily engaged with investigators, but they have not specified who those individuals are or how high up they were in the Trump administration.

House Jan. 6 Committee Votes to Hold Former Trump DOJ Official in Criminal Contempt
MSN – Jacqueline Alemany (Washington Post) | Published: 12/1/2021

The House select committee investigating the January 6 attack on the U.S. Capitol voted unanimously to hold former Trump Justice Department official Jeffrey Clark in criminal contempt for failing to cooperate with its inquiry. If it is adopted by the House, it would be up to the Justice Department to determine whether to indict Clark for not complying with a congressional subpoena. Clark’s lawyer presented the committee with a letter that objected to answering any questions or providing any records, arguing Clark did not have to because Trump has asserted they are protected by executive privilege.

K St. on Capitol Hill: Lobbyists look to leverage prime real estate near Congress as in-person events return
Yahoo News – Hailey Fuchs and Emily Birnbaum (Politico) | Published: 11/23/2021

The popular conception of a lobbying shop usually involves an office on K Street, an expense account at a popular restaurant, and a small army of operatives that regularly hit the fundraising circuit. But lobbyists have long explored other venues to twist the arms of members of Congress and the Capitol Hill townhouse is chief among them. Groups use these homes, often registered with the city as residential property, most notably as a fundraising venue for members of Congress. These townhouses provide companies, trade associations, and lobbying shops with a chance to rub shoulders with lawmakers outside of government property.

More Companies Disclose Political Spending After Jan. 6 Attack
MSN – Ellen Meyers (Roll Call) | Published: 12/2/2021

New research shows companies are increasing their disclosure of political spending. Corporations are under pressure from shareholders, customers, employees, and regulators to align their political influence with their stated values. Direct corporate donations to candidates are illegal, but employees and executives can pool their contributions through PACs, which must disclose donors and expenditures and are subject to limits. Companies can also give unlimited amounts to groups that spend money to influence politics, some of which disclose their donors and some which do not.

New Rules for MPs Proposed in Wake of Lobbying Scandal
Sky News – Alan McGuiness | Published: 11/29/2021

The Standards Committee has unveiled its interim report into reform of the standards system in the wake of the furor generated by the Owen Paterson scandal, as well as an updated code of conduct for members of Parliament (MP). The former Conservative member was found to have broken the United Kingdom’s lobbying rules with his private sector work. Labour MP Chris Bryant, chairperson of the committee, said it had laid out a “package of reforms to bolster the rules around lobbying and conflicts-of-interest.”

Prosecutors Demanded Records of Sidney Powell’s Fundraising Groups as Part of Criminal Probe
MSN – Isaac Stanley-Becker, Emma Brown, and Rosalind Helderman (Washington Post) | Published: 11/30/2021

Federal prosecutors demanded the financial records of multiple fundraising organizations launched by attorney Sidney Powell after the 2020 election as part of a criminal investigation. The grand jury subpoena sought communications and other records related to fundraising and accounting by groups including Defending the Republic, a group claiming 501(c) 4 nonprofit status and a PAC by the same name. The federal investigation highlights the intensifying legal quandaries facing Donald Trump-allied attorneys and other figures who promoted false claims that the election was rigged.

State Redistricting Commissions Get Mixed Reviews
MSN – Michael Macagnone (Roll Call) | Published: 12/2/2021

Most state Legislatures control the map-drawing process, but a handful now have redistricting commissions of varying construction and independence with a say in line drawing. Advocates expected redistricting commissions to take partisan favoritism out of the process, but some maps have favored one party over the other while others have shortchanged growing minority communities. Experts have argued some bias is unavoidable in a political environment in which most Democratic voters are packed in urban areas and most Republicans live in more rural ones.

Trump Allies Work to Place Supporters in Key Election Posts Across the Country, Spurring Fears About Future Vote Challenges
MSN – Amy Gardner, Tom Hamburger, and Josh Dawsey (Washington Post) | Published: 11/29/2021

A year after local and state election officials came under pressure from Donald Trump to subvert the results of the 2020 White House race, he and his supporters are pushing an ambitious plan to place Trump loyalists in key positions across the administration of U.S. elections. The effort goes beyond the former president’s public broadsides against well-known Republican state officials who certified President Biden’s victory. Citing the need to make elections more secure, Trump allies are also seeking to replace officials across the nation, including volunteer poll watchers, paid precinct judges, elected county clerks, and state attorneys general.

U.S. House Approves Bipartisan Judicial Financial Disclosure Bill
Reuters – Mike Scarcella | Published: 12/1/2021

The U.S. House voted overwhelmingly in favor of a bipartisan bill imposing more stringent public financial reporting requirements on federal district and appellate court judges. The Courthouse Ethics and Transparency Act would set a 45-day window for judges to report stock trades of more than $1,000 and require the judiciary to post disclosure forms online. A Wall Street Journal report in September revealed 131 judges had failed to recuse themselves in hundreds of cases since 2010 involving companies in which they or a family member had a financial interest.

From the States and Municipalities

California – Accusations Against a California Campaign Finance Watchdog Went Undisclosed for Months
Yahoo News – John Meyers (Los Angeles Times) | Published: 11/22/2021

A campaign finance investigation against a top official at the California Fair Political Practices Commission (FPPC) sat in limbo and hidden from public view for months, raising questions about whether the government organization holds its own members to the same standard as candidates and campaigns across the state. A complaint against Catharine Baker, a former state legislator, was filed in April with the agency’s enforcement division. On November 12, the same day The Los Angeles Times requested information regarding the case, the FPPC enforcement division recused itself from the investigation and asked state Attorney Gen. Rob Bonta to assume control.

California – Former California Union Official Filed $44,000 Worth of Fraudulent Time Sheets, CalPERS Says
MSN – Wes Venteicher (Sacramento Bee) | Published: 11/29/2021

A former SEIU Local 1000 official was suspended from his California Public Employees’ Retirement System IT job without pay for six months after the pension system determined he did not do any work while claiming he was on a coronavirus contact tracing assignment. Tony Owens, who was elected vice president of bargaining in 2018, submitted about $44,000 worth of fraudulent time sheets in the second half of 2020. Owens is contesting the discipline, saying he was supporting state workers during the time in question even though the Department of Public Health did not formally issue him a pandemic contact tracing assignment.

California – Lobbyist in Ash Street Settlement Doesn’t Appear for Deposition but Reports More Meetings with City Officials
San Diego Union Tribune – Jeff McDonald | Published: 11/24/2021

A lobbyist involved in settlement talks between the city of San Diego and the owners and lenders of the vacant high rise did not appear for a deposition that was scheduled by lawyers suing the city. Christopher Wahl delayed answering questions even as he filed a new lobbying disclosure showing he continued to meet with City Attorney Mara Elliott and Mayor Todd Gloria’s chief operating officer to try and resolve lawsuits over the lease. Wahl is a partner at Southwest Strategies, which has reported raising tens of thousands of dollars in support of Elliott, Gloria, some city council members and the Democratic Party.

Connecticut – Gov. Lamont Says His Wife Will Pull Back on Investments in Connecticut and Blames Politics for Ethical Questions
Yahoo News – Christopher Keating and Stephen Singer (Hartford Courant) | Published: 11/30/2021

Gov. Ned Lamont said his wife’s investment firm is pulling back in Connecticut after critics questioned the move to Stamford of a New York financial technology company, Digital Currency Group (DCG), that negotiated $5 million in state aid. The governor said Annie Lamont is finding it difficult to invest in Connecticut because the combination of her work as an investor and his role as governor are dogged by ethical questions. Gov. Lamont has said little publicly until recently about his wife’s investments through Oak HC/FT, a venture capital firm she founded.

Florida – Legislative Ball Starts Rolling on Additional Lobbying Restrictions for Former Officials
Florida Politics – Renzo Downey | Published: 11/30/2021

Florida lawmakers moved legislation to further restrict public officials from lobbying in the years after leaving office. The House Public Integrity and Ethics Committee approved two proposed bills to implement Amendment 12, which places business and lobbying restrictions on former lawmakers. Penalties under the measures include fines up to $10,000 and forfeiting money earned from illegally lobbying. People could also receive public censure or reprimand for violating the law.

Maine – Maine Lawmaker Who Flouted Pandemic Rules Resigns After Wife’s COVID-19 Death
Yahoo News – Edward Murphy (Portland Press Herald) | Published: 11/30/2021

State Rep. Chris Johansen, a staunch opponent of pandemic-related restrictions who was stricken with COVID-19 this summer and whose wife died after contracting the virus, resigned from the Maine Legislature. He said his wife, who had asthma, had taken care of the farm, allowing him to serve in the state House. A few weeks after Cindy Johansen died, Chris Johansen attended a rally against the state’s vaccination mandate for health care workers.

Massachusetts – Organizers Seek Up to $25,000 from Donors to Fund Mayor Wu’s Inauguration
MSN – Meghan Irons (Boston Globe) | Published: 11/25/2021

Organizers for Michelle Wu’s inauguration are asking businesses and individuals for thousands of dollars to help bankroll her inauguration in January, putting her on track with previous Boston mayors who have marked their ascension to political power with a lavish affair. Boston Inaugural Fund 2021, responsible for raising cash for Wu’s inauguration, has been asking donors for $10,000 to $25,000, promising them different tiers for “sponsorship opportunities” for the inauguration.

Michigan – Benson’s Bid to Make Permanent Absentee Voter Rules Draws Opposition
Detroit News – Beth LeBlanc | Published: 11/28/2021

Rules that would change Michigan’s absentee ballot application and verification protocol are working their way through the state administrative process amid protests from legislative election leaders. The rules would require local clerks to start with a presumption of validity when examining signatures for absentee voter applications and ballots and allow for online absentee ballot applications. The rules, which went through a public comment process, implement to some extent practices Secretary of State Jocelyn Benson put in place during the pandemic ahead of the November 2020 presidential election.

Michigan – Federal Judge Slams Michigan GOP Suit Against Whitmer Fundraising
Detroit News – Craig Mauger | Published: 12/1/2021

U.S. District Court Judge Janet Neff repeatedly criticized the Michigan Republican Party’s effort to challenge Gov. Gretchen Whitmer’s reelection fundraising. Neff rejected a motion for an emergency restraining order to prevent the governor’s campaign from distributing millions of dollars in excess contributions she raised through a so-called recall exception. The judge said she had “questions” about whether GOP Chairperson Ron Weiser had legal standing to bring the lawsuit. She also said the GOP might be feeling “remorse” the party did not think of the idea earlier when one of its members held the governor’s office.

Michigan – Taylor Mayor’s Aide Guilty, Leaving Sollars Solo for Bribery Trial
Detroit News – Robert Snell | Published: 12/1/2021

An aide and campaign treasurer for indicted Taylor Mayor Rick Sollars admitted to pocketing bribes with the politician and faces up to five years in federal prison. Taylor community development manager Jeffrey Baum is the third person to strike a plea deal with federal prosecutors, moves that leave Sollars scheduled to stand trial alone on corruption charges in January. The criminal case comes amid a broader federal focus on public corruption in Metro Detroit. In the last dozen years, more than 110 labor leaders, politicians, police officers, and bureaucrats have been charged with federal corruption-related crimes.

Minnesota – Jan Malcolm’s Horse, and Other Things We Learned About from Minnesota Financial Disclosures
MinnPost – Walker Orenstein and Greta Kaul | Published: 11/30/2021

Minnesota law requires a wide range of public officials to disclose some of their economic interests, including properties, investments, and speaking fees. The disclosures, available on the Campaign Finance Board’s website, can give insight into the financial holdings of public officials, while providing a safeguard against self-dealing in government, experts say. Officials even have to say whether they or a family member have a financial stake in horse racing, though only one top state official has reported such an investment: Jan Malcolm, commissioner of the Department of Health.

Missouri – Campaign Fund Linked to Stenger Fined by Missouri Ethics Regulators
St. Louis Post-Dispatch – Kurt Erickson | Published: 11/26/2021

A once-obscure campaign committee that helped fund former St. Louis County Executive Steve Stenger’s 2018 reelection bid was fined more than $10,000 for violations of state ethics rules. The penalty was levied against the Missouri Association of Career Fire Protection District’s PAC after the Missouri Ethics Commission audited the account amid news reports about potential money laundering.

New Jersey – Is a Bribe a Bribe If You Can’t Deliver? Former Morris Freeholder Asks Judge to Toss Indictment
Morristown Green – Kevin Coughlin | Published: 12/1/2021

Is a bribe a bribe if there is no way you can deliver the goods? Former Morris County Freeholder John Cesar asked a judge to dismiss a six-count indictment against him. Cesaro was one of five public figures charged in a state bribery sting. At its center is attorney Matt O’Donnell, who secretly recorded audio and video of his conversations. Authorities say recordings captured Cesaro discussing and accepting illegal campaign donations in exchange for promises of tax appeals work for the county. But Cesaro had no authority to deliver, and O’Donnell knew it, contended Cesaro’s attorney.

New York – Former Buffalo Deputy Mayor’s Company Sentenced to Pay Restitution, Tiny Fine
Buffalo News – Matthew Spina | Published: 12/1/2021

Former Buffalo Deputy Mayor Steven Casey’s political consulting company is broke, so it will not have to pay a big fine, a federal judge ruled. LSA Strategies was sentenced to pay $8,283 restitution, a $400 court fee, and a fine of $69 to settle a single count of wire fraud. While moonlighting as a campaign strategist, Casey diverted the money to his company without the knowledge of a state Senate candidate he was serving in 2012. The restitution and court fee nearly depleted the company’s bank account.

New York – In the ‘New Albany,’ State Senate Regularly Outpaces Assembly on Reform
Gotham Gazette – Ethan Geringer-Sameth | Published: 12/1/2021

For years the Democratic majority in the New York State Assembly advanced bills its members knew the Republican-controlled Senate would not pass. Still other legislation, especially related to government ethics, transparency, and elections, stewed on the backburner with neither majority moving it forward. Those were the days of two-party rule in Albany, of a group of breakaway Democrats who buoyed Republicans, and a governor happy to straddle the middle. Since Democrats took over the Senate in 2019 those dynamics have shifted.

New York – NY Lt. Gov. Brian Benjamin Submitted Incorrect Information on Background Check
Yahoo News – Michael Gartland (New York Daily News) | Published: 11/22/2021

New York Lt. Gov. Brian Benjamin provided incorrect information on a background check he submitted to the governor’s office and state police as part of the vetting process he had to undergo to take on his current role. According to the background check form, which was signed by Benjamin, he answered “no” to an inquiry about whether he had ever been contacted by “a regulatory body concerning any possible legal, regulatory, ethical, or campaign finance, infraction or violation or investigation.” But Benjamin was contacted by at least two regulatory bodies over two campaign finance issues before the date he provided on the form.

New York – Rensselaer County Executive Steve McLaughlin Arraigned in State Probe
Albany Times Union – Kenneth Crowe and Brendan Lyons | Published: 12/1/2021

Rensselaer County Executive Steve McLaughlin stands accused of misusing campaign funds and falsifying campaign finance filings after a judge unsealed an indictment emerging from a long-running investigation by the state attorney general’s office and the FBI. The probe began as an investigation of his campaign for county executive and examined his financial dealings when he was a member of the New York Assembly. McLaughlin allegedly stole $5,000 from his campaign account in 2017 then falsely reported the expense in campaign documents filed with the state Board of Elections.

New York – Senate and Assembly Sexual Harassment Policies Are Not Strong Enough, Some Say
Albany Times Union – Michelle Del Rey | Published: 11/28/2021

Despite revisions to the New York Senate’s sexual harassment policy and state Assembly rules that lawmakers have touted as among the strongest in the nation, some say neither chamber’s policies go far enough to protect the employees that need it. The policies include provisions that some observers believe could discourage survivors from filing complaints, including a lack of transparency, and giving the Assembly speaker autonomy over final decisions once a complaint has been investigated and sustained.

North Dakota – North Dakota Ethics Measure Group Considers Complaint About Commission’s Transparency
Bismarck Tribune – Jack Dura | Published: 11/30/2021

Leaders of a 2018 ballot measure that created North Dakota’s Ethics Commission will consider filing a complaint about the board’s openness. The commission’s chairperson said he thinks the panel has been accessible to the public but acknowledged room for improvement. Members of North Dakotans for Public Integrity attended a public hearing intended to take public comment on proposed conflict-of-interest rules for state officials involved in “quasi-judicial” proceedings, such as members of the state Industrial Commission and the Public Service Commission.

Ohio – Big Questions Remain in Huge Medicaid Procurement
Ohio Capital Journal – Marty Schladen | Published: 11/29/2021

A Franklin County judge recently dismissed a lawsuit over the largest public procurement in Ohio history. But important questions remain about potential corruption and conflicts-of-interest among key players who had a say in how the contracts were awarded. The Ohio Department of Medicaid announced it was awarding a set of contracts worth $22 billion to six managed-care companies. A seventh got a $1 billion contract to set up and manage a program for children with complex behavioral needs. All the contracts but one went to huge, out-of-state companies, several of which have been accused by the state of fraud, price-gouging, or other issues.

Oregon – Redistricting Reduces Indigenous Voting Power in NW Legislative Races, Advocates Say
Portland Oregonian – Chris Aadland (Indian Country Today) | Published: 11/26/2021

As voting-rights advocates in Indian Country look to boost Indigenous representation in politics, some say redrawn political maps in Oregon will dilute the power of many Native American voters to elect the candidates who best understand their communities. At issue is how the state legislative maps were drawn for some Oregon tribal communities. Tribal advocates say the new districts will make it nearly impossible to elect candidates that are representative of those communities at a time when voter-engagement efforts were beginning to make that a possibility.

Pennsylvania – Pa. Commissioners Called LGBTQ Gathering a ‘Hate Group’ and Denied Funds to Library Where It Was to Meet. So Citizens Stepped In.
MSN – Sydney Page (Washington Post) | Published: 11/29/2021

The Fulton County Commission decided not to approve an additional $3,000 in funding for the local library, which has received $12,000 annually since 2016.Two commissioners on the three-member board said they denied the money because the library agreed to host a biweekly LGBTQ support group. Both commissioners claimed the LGBTQ community is considered a “hate group,” according to the Fulton County News. “If we support them, we have to support Proud Boys and Black Lives Matter,” Commissioner Randy Bunch is quoted as saying at a meeting.

South Carolina – SC Democrat Repeatedly Broke Ethics Law, Used Campaign Money to Pay for Netflix, Hulu
MSN – Caitlin Byrd (The State) | Published: 11/30/2021

Businessperson Phil Noble violated South Carolina law in 2018 when he spent thousands of campaign dollars on personal expenses, including Netflix and Hulu subscriptions, gourmet popcorn, and clothes from a Calvin Klein outlet store, all while his campaign failed to report details about who was contributing to his gubernatorial bid. One of Noble’s own campaign aides filed a complaint in October 2018 about insufficient and delinquent fundraising reports.

Texas – Reports Detail Texas Railroad Commissioners’ Ties to Oil and Gas Industry
Dallas Morning News – Philip Jankowsky | Published: 11/27/2021

A series of reports from an advocacy group has made broad allegations that all three elected members of the Texas Railroad Commission are too closely tied to the oil and gas industry they regulate. The nonprofit group Commission Shift in a series of reports undertaken with Texans for Public Justice alleges the Railroad Commission is a “captured” agency, one that has become so entwined with the industry it regulates that it can no longer effectively oversee it.

Virginia – Roanoke Councilman’s Magazine Refunds Money to City After Questions
Roanoke Times – Jeff Sturgeon | Published: 12/1/2021

Roanoke City Councilperson Robert Jeffrey Jr. engaged in a prohibited business transaction for $850 with the city earlier this year, according to an opinion of the Virginia Conflict of Interest and Ethics Advisory Council. Jeffrey, who accepted payment from the city for an advertisement in his magazine, has refunded the city’s money. Virginia law prohibits elected officials from receiving a financial benefit from any contract between their own governmental entity and themselves or their business.

Washington DC – For a City Still Struggling to Revitalize Its Downtown, Protests Become an Economic Lifeline
MSN – Emily Davies and Ellie Silverman (Washington Post) | Published: 11/29/2021

A subset of the local economy has become increasingly vital to the nation’s capital. With offices downtown still largely vacant and business travel to reach pre-pandemic levels, protests have become one of the most consistent draws to the District of Columbia – when out-of-towners come to exercise their First Amendment rights and then, maybe, go out to dinner. The National Park Service issued more than 245 demonstration permits from January through July of this year. City officials have embraced protest tourism in their attempts to revitalize downtown Washington.

Wisconsin – Panel Rules No Ethics Violation for Madison Assessor Who Gave Candy Bars to Review Body
Wisconsin State Journal – Logan Wroge | Published: 12/1/2021

The Madison Ethics Board dismissed a complaint against Chief City Assessor Michelle Drea. Developer Terrence Wall accused Drea of attempting to sway the Board of Review by giving out candy to members before a hearing on his objections to the assessment of two properties. Wall argued state and city ethics law prohibit providing “anything of value” to members of a public body if it could reasonably be expected to influence a vote or decision. “The candy is provided to ensure folks are not hungry and able to focus,” Drea said. “I just find it implausible to believe our ordinances disallow simple acts of kindness.”

December 2, 2021 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Elections National: “Prosecutors Demanded Records of Sidney Powell’s Fundraising Groups as Part of Criminal Probe” by Isaac Stanley-Becker, Emma Brown, and Rosalind Helderman (Washington Post) for MSN Ethics National: “CNN Suspends Chris Cuomo ‘Indefinitely’ After Documents Detail Help He Gave […]

December 1, 2021 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “Corporate Disclosure of Political Giving Hits Record” by Lorraine Woellert (Politico) for Yahoo News South Carolina: “SC Democrat Repeatedly Broke Ethics Law, Used Campaign Money to Pay for Netflix, Hulu” by Caitlin Byrd (The State) for MSN […]

November 30, 2021 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance Massachusetts: “Organizers Seek Up to $25,000 from Donors to Fund Mayor Wu’s Inauguration” by Meghan Irons (Boston Globe) for MSN Elections National: “Trump Allies Work to Place Supporters in Key Election Posts Across the Country, Spurring Fears About […]

November 29, 2021 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance California: “Accusations Against a California Campaign Finance Watchdog Went Undisclosed for Months” by John Meyers (Los Angeles Times) for Yahoo News Missouri: “Campaign Fund Linked to Stenger Fined by Missouri Ethics Regulators” by Kurt Erickson for St. Louis […]

November 24, 2021 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “Joe Kennedy III’s 2020 Senate Campaign Was Fined $35,000 for Spending $1.5 Million in Donations Intended for the General Election That He Never Made It To” by Bryan Metzger (Business Insider) for MSN Arizona: “Corp Comm Defends […]

November 19, 2021 • Written by Jim Sedor

News You Can Use Digest – November 19, 2021

National/Federal Appeals Court Temporarily Bars Release of Trump White House Records to House Jan. 6 Committee MSN – Spencer Hsu (Washington Post) | Published: 11/11/2021 A federal appeals court blocked the imminent release of records of former President Trump’s White House […]

National/Federal

Appeals Court Temporarily Bars Release of Trump White House Records to House Jan. 6 Committee
MSN – Spencer Hsu (Washington Post) | Published: 11/11/2021

A federal appeals court blocked the imminent release of records of former President Trump’s White House calls and activities related to the January 6 Capitol attack after a lower court found President Biden can waive his predecessor’s claim to executive privilege. The U.S. Court of Appeals for the District of Columbia Circuit granted a temporary injunction while it considers Trump’s request to hold off any release pending appeal, and fast-tracked oral arguments for a hearing November 30.

House Censures Rep. Gosar for Violent Video in Rare Rebuke
Kansas City Star – Kevin Freking and Brian Slodysko (Associated Press) | Published: 11/17/2021

The U.S. House voted to censure Republican Rep. Paul Gosar of Arizona for posting of an animated video that depicted him killing Democratic Rep. Alexandria Ocasio-Cortez with a sword, an extraordinary rebuke that highlighted the political strains testing Washington and the country. Calling the video a clear threat to a lawmaker’s life, Democrats argued Gosar’s conduct would not be tolerated in any other workplace and should not be in Congress. The vote to censure Gosar and strip him of his committee assignments was approved almost entirely along party lines.

How a Cure for Gerrymandering Left U.S. Politics Ailing in New Ways
New York Times – Nick Corasaniti and Reid Epstein | Published: 11/17/2021

Partisan gerrymandering is as old as the republic, but good-government experts thought they had hit on a solution with independent commissions, advisory groups, and outside panels. Taking the map-drawing process out of the hands of lawmakers under pressure to win elections, the thinking went, would make American democracy more fair. But in some states, commissions with poorly designed structures have fallen victim to political divisions, leading the process to be handed to courts. In others, the panels’ authority has been subverted by state lawmakers, who have either forced the commissioners to draft new maps or chosen to make their own.

Left-Wing Midwest Media Outlet Launching with Backing from Dem Donor
MSN – Elena Schneider (Politico) | Published: 11/17/2021

A major Democratic donor is funding a new media outlet aimed at covering state and local races in the Midwest as the latest entrant into the growing partisan-media landscape. It is part of a recent trend of explicitly Democratic-backed digital news projects that have popped up in the last several years, as candidates and movements across the political spectrum try to speak directly to supporters, drive viral attention, and shape the media ecosystem by creating their own content instead of working through legacy outlets.

Liberal ‘Dark-Money’ Behemoth Funneled More than $400M in 2020
MSN – Scott Bland (Politico) | Published: 11/17/2021

A liberal group spent $410 million in 2020, aiding Democratic efforts to unseat then-President Trump and win back control of the U.S. Senate. The Sixteen Thirty Fund financed attack ads and funded massive get-out-the-vote and issue advocacy campaigns amid the coronavirus pandemic. It exploded in size during the Trump administration, going from tens of millions of dollars per year to raising and spending hundreds of millions. Its 2020 fundraising and spending illustrates the extent to which the left embraced the use of “dark money” to fight for its causes in recent years.

‘QAnon Shaman’ Jacob Chansley Is Sentenced to 41 Months in Prison
Politico – Josh Gerstein and Kyle Cheney | Published: 11/17/2021

Jacob Chansley, whose shirtless image on the U.S. Senate rostrum and menacing note to Vice President Mike Pence came to symbolize the January 6 assault on the Capitol, was sentenced to 41 months in prison, matching the harshest sentence handed down yet in the prosecution effort. U.S. District Court Judge Royce Lamberth acknowledged Chansley had not engaged in physical violence but said his role as a leader among those who went into the Senate chamber and disrupted the electoral vote tally compelled a serious prison sentence.

Sen. Braun’s Campaign Accused by FEC of Breaking Campaign Finance Laws
MSN – Kaitlin Lange (Indianapolis Star) | Published: 11/11/2021

U.S. Sen. Mike Braun’s 2018 campaign has been accused of accepting millions of dollars of potentially improper loans in an FEC memorandum and draft audit. Braun’s campaign argues in all the loans and contributions were legal. The FEC auditors were concerned because it appeared Braun accepted bank loans that did not require collateral. The auditors also found two checks worth $1.5 million from Meyer Distributing, a corporation Braun founded, that they say were incorrectly reported as a loan, according to the report.

Steve Bannon Indicted After Refusal to Comply with Jan. 6 Committee Subpoena
MSN – Devlin Barrett, Jacqueline Alemany, and Spencer Hsu (Washington Post) | Published: 11/12/2021

Former White House adviser Stephen Bannon was charged with two counts of contempt of Congress after refusing to comply with a subpoena from the House committee investigating the January 6 attack on the U.S. Capitol. He was indicted by a grand jury in Washington, D.C., a rare move by the Justice Department to escalate the consequences of a dispute involving Congress. Court records indicate only three such cases have been filed since 1990. The charges against Bannon each carry a maximum sentence of one year in jail and may serve as a warning to others seeking to avoid or defy the select committee.

The FEC Relies on Candidates’ ‘Good Faith’ When It Comes to Foreign Donations. But the Agency’s Inspector General Says That’s ‘Insufficient Oversight’ and Poses a ‘National Security Risk.’
Yahoo News – Bryan Metzger (Business Insider) | Published: 11/10/2021

A report by the FEC’s internal watchdog found the agency’s current system of handling potential foreign contributions by largely relying on candidates and political action committees to certify that they haven’t received foreign money “poses a national security risk and provides insufficient oversight of possible illegal foreign donations.” The report also lists the ongoing growth in campaign spending, remote work during the COVID-19 pandemic, issues with senior leadership staffing, and cybersecurity to be among the biggest challenges the FEC faces.

This Was Supposed to Be a Big Year for Hill Pay. Staffers Aren’t Holding Their Breath
MSN – Chris Ciofi (Roll Call) | Published: 11/18/2021

For a while it seemed as if this would be the year that Congress tackled its long-standing staff retention issues, but aides say that hope is waning. The prospect of higher pay soared this summer after House leadership decoupled member and staffer salary caps, and as appropriators proposed a 20 percent increase in the money members can spend on their offices and payroll. But as fall turns to winter, the two parties remain far apart on how to fund the government for fiscal 2022 beyond a series of stopgaps.

UK Govt Vows to Toughen Rules for Lawmakers After Ethics Row
Yahoo News – Jill Lawless (Associated Press) | Published: 11/16/2021

British Prime Minister Boris Johnson proposed a ban on lawmakers acting as “paid consultants” and promised to tighten ethics rules in response to scandals over lobbying and outside jobs that have tarnished politics in the United Kingdom. Johnson said lawmakers should be investigated if they were “neglecting their duties to their constituents and prioritizing outside interests,” and should be banned from acting as “paid political consultants or lobbyists.” He promised to seek cross-party support for changes to the House of Commons’ code of conduct.

Why Facebook Won’t Let You Control Your Own News Feed
Yahoo News – Will Oremus (Washington Post) | Published: 11/13/2021

In at least two experiments, Facebook explored what happens when it turns off its news feed ranking system, the software that decides for each user which posts they see and in what order. Both tests appear to have taught the researchers that users are better off with Facebook’s software calling the shots. In testimony to Congress, whistleblower Frances Haugen pointed to the algorithm as central to the social network’s problems, arguing it amplifies and rewards hateful, divisive, misleading, and sometimes false content by putting it at the top of users’ feeds.

Why GOP Leaders Can’t Keep Paul Gosar in Line
Mother Jones – Russ Choma | Published: 11/17/2021

While there were always party factions or caucuses pursuing their own interests, party leadership in Congress expected members to cooperate. Unnecessary controversy and self-serving provocations were not in the playbook. A key motivator was campaign finance. To secure reelection, members almost always needed help from party leaders who hold the purse strings in the House, those at the helm of the National Republican Congressional Committee and the Democratic Congressional Campaign Committee. The present scandal featuring Rep. Paul Gosar shows how the old methods of financial control no longer work.

Why Governors Keep Snubbing the Senate
Yahoo News – Marianne Levine and Burgess Everett (Politico) | Published: 11/15/2021

Republicans could not convince high-profile GOP governors Chris Sununu of New Hampshire and Phil Scott of Vermont to run for the U.S. Senate and help them win back the majority in 2022. Two more GOP governors, Doug Ducey of Arizona and Larry Hogan of Maryland, have also resisted running in those states’ Senate races next year. It is the latest chapter in congressional leaders’ bipartisan struggle to lobby popular candidates to come to Washington. That is no shock to those who have made the leap from executive to legislator. Coming to Washington these days just does not hold much appeal.

From the States and Municipalities

Alabama – State: Former House speaker tried to influence prison legislation from prison
Alabama Political Reporter – Josh Moon | Published: 11/15/2021

Even from prison, former Alabama House Speaker Mike Hubbard, who is serving time after being convicted of several felonies related to ethical violations, was attempting to use his remaining political power to coerce lawmakers to insert language into a recently passed prison bill that would have allowed him to go free. The filing from the state attorney general’s office, which is an objection to Hubbard’s request for an early release, cites more than 600 personal phone calls the state monitored between Hubbard and various associates, and dozens of emails.

California – Emails Show LA Commissioner Used Influence to Help Win $3 Million COVID-19 Contract, Union Alleges
Los Angeles Daily News – Scott Schwebke (Orange County Register) | Published: 11/14/2021

An embattled Los Angeles fire and police pensions commissioner accused of ethics violations by a law enforcement union over a $3 million contract to test unvaccinated city employees for COVID-19 began lobbying Mayor Eric Garcetti’s office nearly a year ago on behalf of his company, raising questions from critics about potential influence peddling, emails show. The Los Angeles Police Protective League is suing the city and demanding an investigation, alleging it failed to disclose that testing contractor PPS Health is partly owned by Dr. Pedram Salimpour, who was reappointed by Garcetti to the pension commission in 2017.

California – Lobbyists Weren’t Eligible for PPP Money, but California Firms Got Millions
San Diego Daily Tribune – Alexei Koseff (San Francisco Chronicle) | Published: 11/12/2021

Dozens of California lobbying firms received millions of dollars in emergency federal assistance meant for small businesses to ride out the coronavirus pandemic, though some were ineligible for the program. The low-interest Paycheck Protection Program loans were subject to long-standing eligibility requirements that included a prohibition on lending to firms “primarily engaged in political or lobbying activities,” meaning they derived more than half of their revenue from that business.

Colorado – FBI Raids Home of Lauren Boebert’s Ex-Campaign Manager in Colorado Election Tampering Probe
Salon – Igor Derysh | Published: 11/16/2021

The FBI raided the home of Mesa County Clerk Tina Peters and three others in an investigation into a voting system security breach. Peters was accused by state officials in August of helping to leak voting system passwords to a right-wing blog. The FBI also searched the home of Sherronna Bishop, who served as U.S. Rep. Lauren Boebert’s campaign manager. Bishop has been one of Peters’ most prominent allies in stoking unfounded allegations of voting machine problems in the election and hinted at a rally she was privy to unreleased data from Mesa County.

Idaho – Rep. Priscilla Giddings Censured, Removed from Legislative Committee by Idaho House
Idaho Statesman – Hayat Norimine | Published: 11/15/2021

Idaho Rep. Priscilla Giddings will be removed from a legislative committee over her actions when a sexual assault allegation came forward against a former lawmaker. House members vote to censure Giddings after she shared a far-right outlet’s article that identified a 19-year-old legislative intern who accused former Rep. Aaron von Ehlinger of rape. Giddings will be removed from the House Commerce and Human Resources Committee, which oversees laws around state employees.

Illinois – Businessman Pleads Guilty to Bribing Ex-State Sen. Martin Sandoval for Help with IDOT Land Sale
Yahoo News – Jason Meisner (Chicago Tribune) | Published: 11/17/2021

Businessperson Vahooman Mirkhaef pleaded guilty to federal charges alleging he paid at least $15,000 in bribes to then-Illinois Sen. Martin Sandoval to secure the purchase of state-owned property near his company. Mirkhaef admitted he also provided cash and other benefits over a three-year period to another elected official, identified only as “Public Official A,” in return for the official “using his position to attempt to benefit and not interfere with the operation” of Mirkhaef’s business.

Illinois – Director Fired After Improper Law Certificate Given to Donor
Yahoo News – John O’Connor (Associated Press) | Published: 11/17/2021

The director of the Illinois Law Enforcement Training and Standards Board was fired this fall after an investigation found he improperly issued a law enforcement certificate to an unqualified local philanthropist who is also the son of billionaire investor Warren Buffett. The Office of Executive Inspector General for the Agencies of the Governor determined Brent Fischer, executive director of the standards board since 2015, issued the certificate to Howard Buffett, who had served a 14-month appointment as Macon County sheriff and in 2016 donated land and $15 million for a law enforcement training academy.

Illinois – Ethics Board Says Aldermen Who Violate Code of Conduct Should Face Harsher Punishments as Gardiner Retaliation Claims Investigated
Book Club Chicago – Ariel Parrella-Aureli and Alex Nitkin (The Daily Line) | Published: 11/16/2021

The Chicago Board of Ethics is calling for harsher punishments for city council members who violate the council’s code of conduct after Ald. Jim Gardiner allegedly retaliated against constituents who criticized him. The board said it wants the city council to create an ordinance that would make the body’s code of conduct enforceable by law, not just “aspirational” as it is currently. This means officials caught flouting campaign finance rules or abusing their power in another way would be subject to sanctions such as fines, suspension, and termination.

Illinois – Pritzker Signs Law Banning Dark Money, Out-of-State Contributions in Judicial Campaigns
NPR Illinois – Hannah Meisel | Published: 11/15/2021

A new law in Illinois aims to ban out-of-state contributions and “dark money” in judicial campaigns by requiring all candidates to disclose the sources of their contributions. Gov. JB Pritzker signed Senate Bill 536, which makes other changes to the way elections are conducted. Under the bill, no judicial campaign committee is allowed to accept contributions from any out-of-state source or any person or entity that does not disclose the identity of those making the donation, except for contributions that are below the threshold for itemizing. It also raises the threshold for itemizing contributions to $1,000.

Illinois – State’s Top Fiscal Watchdog Cleared After Six-Year Battle Over Campaign Finance Violations Finally Resolved – for Now
NPR Illinois – Hannah Meisel | Published: 11/16/2021

The State Board of Elections voted unanimously to end years-long dispute over campaign finance violations committed by Illinois Auditor General Frank Mautino’s campaign committee before he became the state’s top fiscal watchdog. The board ruled Mautino and his now-defunct campaign committee did not knowingly violate campaign finance law during his two-decade tenure in the Illinois House. “Knowingly” was the key word the Illinois Supreme Court asked the board to concentrate on as it once again considered the what is left in a complaint first filed with the board nearly six years ago.

Iowa – Audit: Governor improperly used COVID funds for salaries
Yahoo News – David Pitt (Washington Post) | Published: 11/15/2021

A state audit on government spending accused Iowa Gov. Kim Reynolds of using nearly $450,000 in federal coronavirus relief funds to pay salaries for 21 staff members for three months last year and concealing the spending by passing it through the state Department of Homeland Security and Emergency Management. Reynolds has said the federal coronavirus relief law allowed salaries to be paid for workers whose job requirements were significantly changed due to the pandemic.

Maryland – Baltimore County Executive Proposes Public Campaign Finance Legislation
MSN – Taylor DeVille (Baltimore Sun) | Published: 11/15/2021

Baltimore County Executive Johnny Olszewski Jr. announced a bill creating public financing that candidates for the county council and county executive could start using in 2026. The legislation would require candidates for council and county executive to meet different qualifying thresholds for eligibility. For qualifying candidates, the county would match every dollar on a sliding scale. The legislation would also establish a Fair Election Fund Commission.

Massachusetts – After 600 Days, the Massachusetts State House Remains Closed to the Public. It Appears to Be the Only State Capitol Still Shut on This Continent
Boston Globe – Matt Stoudt | Published: 11/14/2021

Steeped in history, the Massachusetts statehouse stands alone for many reasons among the country’s state Capitols: Its iconic dome was constructed with copper from Paul Revere’s foundry and Samuel Adams laid its cornerstone. The seat of the state’s executive and legislative branches now has another: The statehouse appears to be the only state Capitol on the continent where the public remains barred from entering. The pandemic-induced closure has now stretched past 600 days, and legislative leaders in charge of the building say they are juggling how to safely reopen a building that typically receives some 100,000 visitors each year.

Michigan – Retired Detroit Police Officer Involved in Vehicle Auctions Pleads Guilty to Taking Bribes
Yahoo News – Joe Guillen (Detroit Free Press) | Published: 11/17/2021

Alonzo Jones, a retired Detroit police officer who ran the department’s vehicle auctions for more than 10 years, pleaded guilty in federal court to accepting $3,200 in bribes. The bribe payments came from a confidential FBI source involving in the towing industry and an undercover agent. In exchange for the money, Jones falsified paperwork that transferred ownership of abandoned vehicles without a public auction as required by law to the confidential source and the undercover agent.

Minnesota – Senate GOP Gets OK to Create Private Club for Legislators, Lobbyists During Session
Minnesota Reformer – Ricardo Lopez | Published: 11/12/2021

State Senate Republicans received approval from the Minnesota Campaign Finance Board to create a private meeting space for legislators and lobbyists and other dues-paying members, raising concerns about transparency and undue influence and access. The Senate Victory Fund, the Senate GOP’s campaign committee, sought the opinion on its proposal to lease meeting space accessible to lawmakers and members who pay a fee.

Missouri – Parson PAC Hit with Second Fine from Missouri Ethics Regulators
St. Louis Post-Dispatch – Kurt Erickson | Published: 11/17/2021

The campaign fund that raises money to push Missouri Gov. Mike Parson’s agenda illegally accepted a significant contribution from an out-of-state group last year. The Missouri Ethics Commission (MEC) said the Uniting Missouri PAC received a $150,000 contribution in October 2020 from a PAC associated with the Republican Attorney Generals Association. The contribution was deemed illegal because the attorney general association’s PAC was not registered with the MEC.

New York – AG Releases Interview Transcripts in Cuomo Harassment Probe
ABC News – Michael Hill, Jennifer Peltz, and Michael Sisak (Associated Press) | Published: 11/11/2021

Over an 11-hour interview with investigators last July, then-New York Gov. Andrew Cuomo defiantly denied allegations he sexually harassed women and sparred with the lawyers questioning him, accusing one of being out to get him, according to a transcript. State Attorney General Letitia James made public hundreds of pages of transcripts of interviews conducted by two independent lawyers, hired by her office, during their monthslong probe of sexual harassment allegations against Cuomo.

New York – Cuomo’s Book Approval Rescinded by Ethics Panel, Jeopardizing Millions
Albany Times Union – Chris Bragg | Published: 11/16/2021

The New York Joint Commission on Public Ethics (JCOPE) voted to rescind approval of former Gov. Andrew Cuomo’s book deal, paving the way for commissioners to potentially claw back millions of dollars in proceeds paid to the ex-governor. In July 2020, JCOPE Deputy Counsel Martin Levine approved Cuomo’s request to write the book about his early handling of the pandemic. But it has since emerged that Cuomo used government staff to help edit and produce the book, something his government attorney at the time, Judith Mogul, had explicitly stated would not occur as she sought the staff’s approval that summer.

New York – How Small-Dollar Public Financing Helped NYC Elect Its Most Diverse City Council Ever
The City – Ese Olumhense | Published: 11/16/2021

Ninety-seven percent of the record-breaking 39 women and Black, Latino, and Asian New Yorkers elected to the city council in November raised money through the public financing program, which enables participating candidates to have their small-dollar donations matched eight-to-one with public money, according to a new analysis by the Brennan Center. The “robust” public matching funds program is partially responsible for the dramatic shift in representation in the incoming council, the report’s authors said. The new council will be the most racially diverse it has ever been, and women are expected to increase their representation to at least 59 percent.

New York – State Ethics Panel Issues Fines to Lobbyists in Secret
Albany Times Union – Chris Bragg | Published: 11/15/2021

The secrecy surrounding the New York Joint Commission on Public Ethics (JCOPE) issuing fines to lobbyists for late reports makes it difficult to know whether the agency is enforcing the rules evenhandedly, a relevant question for an entity often accused of favoring the administration of former Gov. Andrew Cuomo. JCOPE has assessed $250,000 in fees this year from lobbyists who have missed deadlines to disclose activities before state government. But officials will say little else about the program, including which lobbyists have faced penalties, why they have been fined, or why their staff chooses to forgive certain fines.

Ohio – Who Knew About Bribes Paid During FirstEnergy Solutions’ Bankruptcy and House Bill 6 Bailout Campaign?
Energy and Policy Institute – Dave Anderson | Published: 11/16/2021

FirstEnergy Solutions’ (FES) management, board, and some top consultants for the utility and its creditors knew about plans to spend over $40 million on political contributions during the company’s Chapter 11 bankruptcy. Federal prosecutors said the money was part of a nearly $60 million bribery scheme at the Ohio Capitol. U.S. Bankruptcy Judge Alan Koschik recently granted final approval for the $68 million in fees and expenses that FES accumulated with Akin Gump Strauss Hauer & Feld. Akin Gump served as co-counsel to FES during the company’s restructuring and lobbied for bailout proposals on behalf of the utility.

Pennsylvania – John Dougherty and Bobby Henon Convicted of Conspiracy in Federal Corruption Trial
WHYY – Meir Rinde | Published: 11/15/2021

A powerful Philadelphia labor leader and a city council member were found guilty of conspiracy charges in a corruption trial. Prosecutors said John Dougherty kept Bobby Henon, a union electrician-turned-Philadelphia City Council member, on the payroll to help his union keep a tight grip on construction jobs. Dougherty still faces at least one more federal trial based on charges in the sweeping 2019 indictment. U.S. Attorney Jennifer Williams called the verdict “a strong message to the political power players of this city … that the citizens of Philadelphia will not tolerate public corruption as business as usual.”

Pennsylvania – New Limits Would Curtail Lobbyist Perks for Pa. Lawmakers, but One Leader Could Stand in the Way
Pittsburgh Post-Gazette – Angela Couloumbis (Spotlight PA) | Published: 11/11/2021

Pennsylvania lawmakers and other elected officials have been able to pocket almost anything sent their way by lobbyists, special interests, and others with a stake in government. Yet bills to end a system criticized as the “Wild West” for influence peddling have died with little or no debate. A coalition of Republican leaders has publicly backed placing limits on gifts to elected officials and public employees, though one key leader has so far refused to endorse the change, a potentially fatal roadblock.

South Dakota – South Dakota Legislature Moves for Subpoenas on Noem Meeting
MSN – Stephen Groves (Associated Press) | Published: 11/15/2021

South Dakota lawmakers moved to subpoena a document and a former state employee at the center of questions about whether Gov. Kristi Noem used her influence to aid her daughter’s application for a real estate appraiser license. The Legislature’s Government Operations and Audit Committee is pressing for details about a meeting the governor called last year that included her daughter, Kassidy Peters, and key decision-makers in a government agency that had moved days earlier to deny Peters’ application for an upgrade to her appraiser certification.

Tennessee – Tennessee GOP Primary Fee Creates Ethical Dilemma for Judge Candidates
Yahoo News – Andy Sher (Chattanooga Times Free Press) | Published: 11/18/2021

The Tennessee Republican Party’s approval of a plan to require that candidates for federal, state, and county elected offices pay a fee to run in a GOP primary is generating a case of ethical, as well as political, heartburn for state judges and judicial candidates. The legal angst stems from a recent opinion from the state’s judicial ethics committee about the issue. The panel stated in an advisory opinion that Tennessee’s Rules of the Code of Judicial Conduct bar the practice of paying the fee.

Washington DC – Trayon White Files Paperwork for D.C. Mayoral Bid Amid Campaign Finance Inquiry
MSN – Micahel Brice-Saddler (Washington Post) | Published: 11/12/2021

District of Columbia Council member Trayon White Sr. officially filed paperwork for his 2022 mayoral campaign about one month after he first announced via Instagram he was running. The delay is now the subject of an “internal inquiry” by the Office of Campaign Finance to determine whether White may have improperly engaged in campaign activities without having filed paperwork. City law states individuals must register as a candidate within five days of accepting a contribution or making any campaign-related expenditures.

Wednesday’s LobbyComply News Roundup

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News You Can Use Digest – December 10, 2021

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News You Can Use Digest – December 3, 2021

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News You Can Use Digest – November 19, 2021

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