December 3, 2021 •
News You Can Use Digest – December 3, 2021
![News You Can Use Digest – December 3, 2021](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
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.”
November 19, 2021 •
News You Can Use Digest – November 19, 2021
![News You Can Use Digest – November 19, 2021](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
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.
November 12, 2021 •
News You Can Use Digest – November 12, 2021
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National/Federal Big Bird Got ‘Vaccinated’ Against COVID-19, Drawing Outrage from Republicans National Public Radio – Rachel Treisman | Published: 11/8/2021 Big Bird ruffled some feathers when he tweeted that he was vaccinated against COVID-19, which is now available for children between […]
National/Federal
Big Bird Got ‘Vaccinated’ Against COVID-19, Drawing Outrage from Republicans
National Public Radio – Rachel Treisman | Published: 11/8/2021
Big Bird ruffled some feathers when he tweeted that he was vaccinated against COVID-19, which is now available for children between the ages of five and 11. The Muppet has been a fixture of children’s television since 1969 but is officially six years old. U.S. Sen. Ted Cruz decried the character’s tweet as “government propaganda.” Others denounced Big Bird as a puppet (literally) and communist. Many noted the irony of the criticism, given Big Bird is both a fictional character and one known for spreading messages of kindness and curiosity.
Clash With Corruption Watchdog Has Boris Johnson Retreating, Again
New York Times – Stephen Castle | Published: 11/4/2021
United Kingdom Prime Minister Boris Johnson intervened to stop the suspension from Parliament of Owen Paterson, a fellow Conservative Party lawmaker found to have broken rules on lobbying. The government also pushed through contentious plans to change the system that investigated Paterson, who resigned following a backlash from politicians, news organizations, and others. Some neutral observers think that Mr. Johnson walked into a minefield of his own making.
Donors Threatened to Shun the GOP After Jan. 6. Now, Republicans Are Outraising Democrats.
MSN – Josh Dawsey, Isaac Stanley-Becker, and Michael Scherer (Washington Post) | Published: 11/9/2021
One day after rioters ransacked the Capitol in a bid to overturn the 2020 election, Republican lobbyist Geoff Verhoff sent an email to top GOP officials. Verhoff, a bundler who works at the lobbying firm Akin Gump, wrote he was resigning as co-chair of the Republican National Committee’s finance committee because he could no longer associate himself with Donald Trump and his movement. But when Trump spoke to some of the party’s top donors recently, Verhoff was one of the attendees. He has also recently given sizable sums to Republican candidates, including members who voted to overturn the results of the election.
FEC Eases Federal Contractors-Turned-Political Donors’ Path
Bloomberg Government – Kenneth Doyle | Published: 11/5/2021
The first $100,000 contribution to a pro-Donald Trump super PAC by an affiliate of the corrections company GEO Group came in 2016, a day after the Obama administration announced it would end federal use of private prisons. GEO’s stock price dropped but shot back up when Trump reversed the policy. Since then, affiliates of GEO have contributed over $2 million to Republican super PASCs. GEO’s contributions violated a decades-old ban on campaign money from government contractors, the Campaign Legal Center complained. But in a move that could have a wide impact on other contractors, the FEC dismissed the complaint.
GOP Lobbyists Say Corporate America Is Coming Back into the Tent
Yahoo News – Hailey Fuchs (Politico) | Published: 11/8/2021
Republican lawmakers appear more likely to take back Congress in 2022 and corporate America is taking notice. A host of Republican lobbyists say the elections in Virginia and New Jersey have ignited interest from their corporate clients on making inroads with GOP officials on Capitol Hill. They also suspect cash will soon start flowing from corporate PACs to their party’s lawmakers. Corporate America’s potential embrace of the congressional GOP is notable for what preceded it.
GOP-Appointed Judges Freeze Biden Vaccine Requirement After Federal Lawsuit
MSN – Eli Rosenberg (Washington Post) | Published: 11/6/2021
A federal appeals court suspended the Biden administration’s new vaccine requirement for private companies, delivering a major blow for one of the White House’s key attempts to increase the number of vaccinations to corral the pandemic. The decision was issued by a panel of three judges appointed by Republican presidents in the U.S. Court of Appeals for the Fifth Circuit. The judges wrote there was “cause to believe there are grave statutory and constitutional issues with the mandate,” staying the order while the court assesses it.
House Jan. 6 Committee Issues Subpoenas to 6 Top Trump Advisers, Including Pair Involved in Willard Hotel ‘Command Center’
MSN – Jacqueline Alemany, Tom Hamburger, and Josh Dawsey (Washington Post) | Published: 11/8/2021
The U.S. House select committee investigating the January 6 insurrection issued subpoenas to six top advisers to former President Trump, including two who were active in the Willard Hotel “command center” where Trump’s loyal backers oversaw efforts in January to overturn the 2020 election. Those actions included blocking or delaying the counting of electoral votes from battleground states where results were in dispute. Those states became the focus of the effort inside the hotel command center to find evidence of fraud that might compel state legislators to challenge Biden’s victory.
Igor Danchenko Arrested, Charged with Lying to FBI About Information in Steele Dossier
MSN – Devlin Barrett and Tom Jackman (Washington Post) | Published: 11/4/2021
An analyst who was a primary source for a 2016 dossier of allegations against Donald Trump has been arrested on charges he repeatedly lied to the FBI about where and how he got his information. Igor Danchenko’s role in providing information to British ex-spy Christopher Steele, who compiled the accusations about Trump in a series of reports, has been a subject of scrutiny from internal Department of Justice investigators and special counsel John Durham. A 2019 report by the Justice Department inspector general found major problems with the accuracy of Danchenko’s information.
Pelosi Calls for Investigations of Gosar’s Video That Depicts Him Killing Ocasio-Cortez
MSN – Felicia Sonmez and John Wagner (Washington Post) | Published: 11/9/2021
House Speaker Nancy Pelosi called for multiple investigations into the posting of an animated video by U.S. Rep. Paul Gosar that depicts him killing U.S. Rep. Alexandria Ocasio-Cortez and swinging two swords at President Biden. Gosar has long drawn criticism for his extremist views, including his spreading of conspiracy theories about the January 6 attack on the U.S. Capitol by a pro-Trump mob and the deadly white-nationalist rally in Charlottesville in 2017. In February, he appeared at an event whose organizer called for white supremacy.
Pharmaceutical Industry Likely to Shatter Its Lobbying Record as It Works to Shape Democrats’ Spending Bill
MSN – Yeganeh Torbati and Jonathan O’Connell (Washington Post) | Published: 11/5/2021
Ads targeting lawmakers who supported allowing Medicare to negotiate prescription drug prices were one strand of a massive, months-long advertising, lobbying and political donation campaign undertaken by the pharmaceutical industry and its allies, perhaps the strongest of all corporate voices on Capitol Hill, to defeat a Democratic proposal to lower the cost of prescription drugs. The measure was in, then out, then watered down, going through a fierce ping-pong of backroom negotiations that is likely to continue once the Senate considers the bill in coming weeks.
Probe Finds Trump Officials Repeatedly Violated Hatch Act
MSN – Jill Colvin (Associated Press) | Published: 11/10/2021
At least 13 former Trump administration officials, including Jared Kushner and Mike Pompeo, violated the law by intermingling campaigning with their official government duties, according to a federal investigation. The report from the Office of Special Counsel says the officials broke the law without consequence and with the administration’s approval as part of a “willful disregard for the Hatch Act,” which prohibits government officials from using their official roles to influence elections, including supporting candidates while acting in their official capacities.
They Raised Millions for Trump. Spent Barely Any of It on Him. Now They’re Indicted.
Yahoo News – Caitlin Oprisko (Politico) | Published: 11/10/2021
Federal prosecutors charged Matt Tunstall and Robert Reyes with conspiracy to commit wire fraud and to lie to the FEC. Prosecutors allege that of the roughly $3.5 million raised by the PACs they ran during the 2016 election, “only approximately $19 were distributed to any candidate’s authorized campaign committee or to any political cause, while a total of more than $1.5 million was used to benefit” the PAC operators. “Scam PACs” have proliferated over the last decade. The FBI has urged would-be donors to be on the lookout for such schemes.
Trump Loses Bid to Keep Jan. 6 Records from House Committee Investigating Riot
NBC News – Pete Williams | Published: 11/9/2021
A federal judge sided with the congressional committee investigating the January 6 insurrection by refusing to block the release of scores of White House documents from the Trump administration. The ruling from U.S. District Court Judge Tanya Chutkan means the first batch of disputed documents is set to be turned over to the House select committee. Lawyers for Donald Trump filed an appeal. President Biden has said executive privilege should not be invoked to block the select committee’s document requests.
USC Gave Rep. Karen Bass a Full Scholarship Worth $95,000 While She Served in Congress
MSN – Dakota Smith and Matt Hamilton (Los Angeles Times) | Published: 11/10/2021
U.S. Rep. Karen Bass received approval from the House ethics committee to accept a scholarship worth $95,000 from the University of Southern California (USC) School of Social Work. Bass said the program increased her understanding of child welfare policy. Now, USC’s efforts to connect with local politicians have become the subject of scrutiny. Bass was offered the scholarship by Marilyn Flynn, then the dean of USC’s social work school. Flynn was indicted for allegedly giving the son of then-Los Angeles County Supervisor Mark Ridley-Thomas a scholarship and job in return for USC being awarded government contracts.
Voting Technology Firm Smartmatic Sues Newsmax and One America News, Alleging Defamation
MSN – Annabelle Timsit (Washington Post) | Published: 11/4/2021
The voting technology firm Smartmatic filed lawsuits against Newsmax and the parent company of One America News, alleging the right-wing outlets knowingly spread disinformation during the 2020 U.S. presidential election and defamed the company by telling viewers, without evidence, that its technology was used to steal votes from then-President Trump. The lawsuits are the latest chapter in a legal battle that has pitted firms that sell electronic voting machines and software in the U.S. against Trump-friendly news outlets.
From the States and Municipalities
Arizona – Arizona Board with Close Ties to Landlord Group Oversees Constables Who Serve Eviction Writs
Yahoo News – Jessica Boehm, Catherine Reagor, and Ralph Chapoco (Arizona Republic) | Published: 11/8/2021
When renters are evicted, constables deliver the court orders – sought by landlords – that demand the tenants move out. But the board that trains and disciplines Arizona’s elected constables has close ties to the most powerful landlord group in the state. The relationship drew new scrutiny during the COVID-19 pandemic, when constables played an even more important role in the eviction process, sometimes deciding whether tenants qualified for eviction moratoriums.
California – SoCal Public Officials Targeted in Broadening Federal Investigation into Pot Licensing
MSN – Ruben Vives and Robert Lopez (Los Angeles Times) | Published: 11/7/2021
A federal grand jury issued subpoenas seeking information about cash and other payments to public officials and cannabis consultants as part of a criminal investigation into pot licensing in Baldwin Park and nearby cities in California. Federal authorities, including agents from the FBI and IRS, have been interviewing witnesses and are seeking a wide range of records regarding Baldwin Park city officials who approved cannabis licenses and consultants who helped businesses obtain the permits.
Colorado – Denver’s Top Parking Enforcer ‘Fixed’ 21 of His Own Tickets
KESQ – Brian Maas | Published: 11/5/2021
Denver’s Director of Right of Way Enforcement, Jonathan Featherston, received 21 parking citations on his personal car in 2020 and 2021. He ordered every one of the citations canceled, with Featherston now explaining he received the tickets while he was engaging in a secret “mystery shop” campaign to test how well parking agents were doing in handing out parking tickets. The curious practice came to light when a whistleblower noticed what Featherston was doing and filed a complaint with the city Board of Ethics, suggesting Featherston was engaged in “questionable ethical conduct,” using his public position for private gain.
Colorado – State Files Lawsuit Over Peters Campaign Fundraising
Grand Junction Daily Sentinel – Charles Ashby | Published: 11/8/2021
The Colorado attorney general’s office filed a lawsuit against Mesa County Clerk Tina Peters over her fundraising efforts and failure to report contributions and expenses for nearly three years. The lawsuit says Peters clearly is running for re-election next year, and is soliciting donations, but has not filed a campaign finance report since terminating her previous account in January 2019, a few months after she was first elected to office.
Florida – J.T. Burnette Gets 3 Years in Federal Prison, $1.25M Fine in City Hall Public Corruption Case
Yahoo News – Jeff Burlew (Tallahassee Democrat) | Published: 11/9/2021
Businessperson J.T. Burnette was sentenced to three years in federal prison and a $1.25 million fine for his role in a corruption scheme. Burnette, a wealthy entrepreneur, was convicted for his role in a long-running City Hall bribery ring involving former city Commissioner Scott Maddox and his accomplice and girlfriend Paige Carter-Smith. Peter Nothstein, deputy director of the Department of Justice’s Public Integrity Section, noted Burnette never admitted “what he did was wrong.” He said for Burnette, bribery was just the cost of doing business.
Florida – Opa-locka Mayor Abruptly Resigns During Commission Meeting, Citing ‘Corruption’
MSN – Aaron Leibowitz (Miami Herald) | Published: 11/10/2021
Opa-locka Mayor Matthew Pigatt abruptly announced his resignation during a city commission meeting, marking the latest twist of fate for a city trying to overcome years of corruption and political chaos. Following a public comment period, he rose from his seat at the dais to deliver a prepared statement. Pigatt’s resignation was not on the agenda. Pigatt won a commission seat in 2016, pledging reform and transparency amid an FBI corruption probe at City Hall and state oversight of the city’s finances. He became mayor in 2018 on a similar platform.
Florida – Professors Sue University of Florida, Claiming Free Speech Restraints
MSN – Lori Rozsa and Susan Svrluga (Washington Post) | Published: 11/6/2021
Three professors filed a lawsuit against the University of Florida, claiming school officials violated their right to free speech by trying to prevent them from offering testimony in a voting rights case. The case further inflames a heated debate over academic freedom, one that has brought national attention and criticism to the state’s flagship university. It was filed on the same day school officials reversed course and said the three political science professors should not be barred from testifying in a voting rights lawsuit against the administration of Gov. Ron DeSantis.
Indiana – Ex-Indiana House Speaker Bosma Registers as Paid Lobbyist
Yahoo News – Associated Press | Published: 11/8/2021
Former Indiana House Speaker Brian Bosma registered as a paid statehouse lobbyist a little more than a year after he left elected office. Bosma is working with 1816 Public Affairs Group, a lobbying firm headed by Michael O’Brien, who was Gov. Eric Holcomb’s 2016 campaign manager. Bosma said he joined the firm last year as a consultant and carefully followed the state’s one-year ban before a former lawmaker can legally deal directly with old colleagues on legislative business.
Maine – Foreign Company’s Subsidiary Poured Millions into Influencing Maine Ballot Referendum
Center for Responsive Politics – Anna Massoglia | Published: 11/9/2021
A Maine ballot referendum to halt the construction of a $1 billion cross-border corridor of electric transmission lines from Canada attracted more than $89 million in funds through ballot campaigns. Top donors pouring $63 million into opposing the referendum included HQ Energy Services, the U.S. affiliate of Hydro Quebec. The Canadian company’s role sparked debate about whether companies with foreign government ownership should be allowed to spend on ballot referendums. The FEC ruled foreign donors can finance U.S. ballot measure committees under federal campaign finance law.
Michigan – Detroit Police Chief Looks to Computer Software to Root Out Towing Corruption
Yahoo News – Christine MacDonald (Detroit Free Press) | Published: 11/10/2021
The Detroit Police Department announced new measures aimed at clamping down on corruption in vehicle towing, an area at the center of an ongoing federal public corruption investigation. Police Chief James White said the department wants to buy computer software that will divvy up jobs to tow companies, taking the “human element” out of the process and reducing the chances someone could steer work to a favored outlet. He said the department also will launch an investigative unit staffed by civilians to ensure towing rules are followed.
Missouri – Firefighters Union Chief Collects City Salary While Working Other Full-Time Job in DC
MSN – Mike Hendricks (Kansas City Star) | Published: 11/10/2021
Kansas City Manager Brian Platt signed a previously undisclosed agreement last summer allowing the fire captain who then headed the local firefighters’ union to remain on the city payroll and collect his $86,000 a year salary while working full time in Washington, D.C. The unprecedented arrangement also exempts Tim Dupin from the city’s residency rules while earning more than $150,000 annually from his new job as the International Association of Fire Fighters’ director of political action at the union’s Washington headquarters.
Missouri – PACs Tied to Missouri Lobbyist Scramble to Account for Funds
Yahoo News – Jason Hancock (Missouri Independent) | Published: 11/10/2021
A pair of PACs connected to a Missouri lobbyist under FBI scrutiny have begun taking steps to account for nearly $170,000 in cash that went unreported on disclosures to the state Ethics Commission. The discrepancies with PACs connected to Steve Tilley, a former state lawmaker and longtime adviser to Gov. Mike Parson, were first documented by The St. Louis Post-Dispatch. It found the PACs reported cash balances in early 2021 that were significantly lower than the total reported at the end of 2020 without any corresponding spending to explain the decrease.
New Jersey – Surprise NJ Senate Winner Says Sorry Amid Scrutiny of Posts
Yahoo News – Associated Press | Published: 11/5/2021
A truck driver who ousted the powerful New Jersey Senate president in the election previously posted online calling Islam “a false religion,” comparing vaccine mandates to the Holocaust, and defending rioters at the U.S. Capitol. Republican Edward Durr apologized after media outlets highlighted the posts. His victory over Steve Sweeney, widely regarded as the second-most powerful Democrat in state government, in the November 2 shocked the state’s political establishment. Durr spent a paltry sum on his campaign.
New Jersey – ‘This Sentence Will Go on Forever’: Morristown lawyer gets probation in corruption case
Morristown Green – Kevin Coughlin | Published: 11/6/2021
A lawyer who pled guilty to records tampering to secure municipal contracts avoided prison, receiving three years’ probation and community service. Elizabeth Valandingham was charged in connection with a state political corruption investigation that centered on her boss, attorney Matt O’Donnell. He pled guilty to corporate misconduct and conspiracy to tamper with records. Between 2013 and 2017, authorities charged, Valandingham helped secure at least $600,000 in legal work for O’Donnell’s now-shuttered firm by falsely representing to Mt. Arlington and Bloomfield officials, and to the state Election Law Enforcement Commission, that the firm had made no political contributions in those towns.
New York – De Blasio Defends Leaving $300K Legal Bill Unpaid
Politico – Erin Durkin | Published: 11/10/2021
New York City Mayor Bill de Blasio does not plan to dip into his own pocket to pay any of the $300,000 in outstanding legal bills he owes from a corruption investigation, saying he will rely on donors to pay the tab. De Blasio has owed the money to the law firm Kramer, Levin, Naftalis and Frankel since 2017, after lawyers there represented him in a probe into whether the mayor and his aides did special favors for campaign donors. The outstanding debt has raised conflict-of-interest concerns since the firm represents many clients with business before the city.
New York – Millions in Secret Ballot Spending Raises Legal Question
Albany Times Union – Chris Bragg | Published: 11/4/2021
The public had no know way to immediately know who had funded the multi-million-dollar campaign by the state Conservative Party against three proposed constitutional amendments in New York, including attack ads. The origin of the funding may not be known until January because the ads were paid for by a political spending vehicle that critics have long derided as a major loophole in the law. Both the Conservative Party and Senate Democrats maintain the practice was legal, though the language of state law is not clear on the subject.
Ohio – Ohio Medicaid: It’s not a conflict if you only own stock in the parent company
Ohio Capital Journal – Marty Schladen | Published: 11/9/2021
Ohio Medicaid Director Maureen Corcoran did not have a conflict-of-interest when she signed multi-billion-dollar contracts earlier this year, her department’s attorneys are arguing. That is because she only owns stock in parent corporations, not their Ohio subsidiaries to whom she awarded contracts. The department made the argument in a court case in which a disappointed bidder is trying to overturn a process that resulted in the award of $22 billion worth of managed-care business to six corporations.
Ohio – Ohio Utility Regulator Lobbied for Legislation to Save FirstEnergy Millions, Texts Show
Ohio Capital Journal – Jake Zuckerman | Published: 11/9/2021
Ohio’s top utility regulator quietly lobbied lawmakers to include a provision in the state budget that saved tens of millions for FirstEnergy Corp., text messages from company executives show. FirstEnergy admitted in court it paid Sam Randazzo more than $4.3 million in the weeks before Gov. Mike DeWine appointed him in February 2019 as chairperson of the Public Utilities Commission of Ohio, which regulates power companies. The texts suggest Randazzo helped convince lawmakers to slip into the 2019 budget a few sentences worth millions of dollars to FirstEnergy.
Pennsylvania – Pa. Lobbyists Disclose Some Financial Interests for First Time But Details Are ‘Very Nebulous’
Lancaster Online – Sam Janesch (The Caucus) | Published: 11/10/2021
Lobbyists and principals in Pennsylvania are now required to disclose their financial interests in companies for which they advocate. The disclosures are billed as a step toward transparency. But their format is haphazard and, arguably, useless, according to an analysis and interviews with advocates and others who have reviewed the filings. Amid a narrow reporting period and few guidelines, lobbyists interpreted the new requirement in a variety of ways. There are more than 1,230 registered lobbyists and firms in the state. More than 130 of them disclosed equity in their clients.
Texas – Dallas Real Estate Developer Ruel Hamilton Sentenced To 8 Years in Prison For Bribing 2 Former City Council Members
MSN – Staff | Published: 11/9/2021
A real estate developer was sentenced to eight years in federal prison for bribing two former Dallas City Council members. Ruel Hamilton was also ordered to pay a $150,000 fine. From 2013 to 2015, Hamilton shelled out tens of thousands of dollars in bribes to Carolyn Davis, who was then serving as chairperson of the council’s Housing Committee. In return, Davis, who pleaded guilty to her role in the scheme prior to her death in 2019, supported Hamilton’s housing project. To disguise the bribe payments, Hamilton funneled payments to Davis through a not-for-profit intermediary.
Virginia – Va. Senate Democrats Ask State Supreme Court to Disqualify Republicans’ Nominated Map Drawers
MSN – Meagan Flynn and Teo Armus (Washington Post) | Published: 11/8/2021
The Virginia Senate Democratic Caucus asked the state Supreme Court to disqualify all three nominees tapped by Republican leadership to help it draw the state’s new congressional and legislative maps, calling them “political operatives” with conflicts-of-interest. The state Supreme Court is redrawing the maps after the bipartisan Virginia Redistricting Commission, approved by voters in a constitutional amendment last year, did not reach agreement on new congressional and General Assembly districts.
Virginia – White Supremacists Find a New Platform to Spread Hate: A federal courtroom in Charlottesville
MSN – Ellie Silverman (Washington Post) | Published: 11/10/2021
White supremacists are weaponizing the federal civil trial about the deadly 2017 Unite the Right rally in Charlottesville into a spiteful stage. Some of the defendants have been ousted from social media such as Facebook but in this courtroom, they have found a new platform to amplify their racist views, put on performances they boast about on podcasts, radio shows, and in live during-the-trial chats, and to attack their opponents. The defendants are some of the most notorious white supremacists and hate groups in the country, and the plaintiffs allege they engaged in a conspiracy to commit racially motivated violence.
Washington – PDC: ‘Washougal Moms’ must register as political action committee
The Columbian – Doug Flanagan (Camas-Washougal Post-Record) | Published: 11/5/2021
The Public Disclosure Commission (PDC) has called out the Washougal Moms group for failing to register as a PAC. In a formal warning, the PDC said the organization had also failed to identify its financial sponsors and had not reported required financial contributions and expenditures. Formed in May to defend three mothers accused of disrupting a Washougal School Board meeting, the group has since hosted a “tribunal” to elect a shadow school board, posted opposition to at least one school board incumbent running for reelection, and called for current school board officials to be removed and arrested.
Washington DC – A D.C. Elected Official, Who Holds Office While Incarcerated, Was Almost Moved to Pennsylvania Prison
MSN – Julie Zauzmer Weil (Washington Post) | Published: 11/9/2021
Political leaders in the District of Columbia successfully scrambled to prevent an elected official who holds his position while incarcerated in the city jail from being transferred to a federal prison more than 100 miles outside Washington. Joel Castón’s narrowly averted transfer to a federal prison in Pennsylvania underscores the situation of hundreds of city inmates who are being transferred far from their families and communities. By staying in the city, Castón says, he will be able to keep fulfilling the duties of his office: representing those inmates who will be transferred, his constituents.
Washington DC – As Bowser Launches Reelection Bid, Her High-Profile Appointee Is Under Fire
MSN – Paul Schwartzman (Washington Post) | Published: 11/6/2021
Neil Albert abruptly resigned recently as chairperson of the District of Columbia Housing Authority Board of Commissioners. His exit followed a published report that he failed to reveal he was in a relationship with Paola Moya before approving her architectural firm for lucrative authority contracts. Federal prosecutors served the authority with a criminal subpoena, seeking documents related to Albert, Moya, and her firm. In addition, members of the city council asked the inspector general to conduct a broad investigation into what they called “a pattern of misconduct” at the agency.
Washington DC – Judge Lets Claim Against Trump’s Inaugural Committee and Private Business Move Forward
Yahoo News – Myah Ward (Politico) | Published: 11/8/2021
The lawsuit against former President Trump’s 2017 inaugural committee and his private business could potentially go to trial after a judge allowed some of the local attorney general’s claims to move forward. The lawsuit filed by District of Columbia Attorney General Karl Racine alleges the Trump International Hotel in Washington illegally received more than $1 million by charging the Presidential Inaugural Committee inflated prices to use ballrooms and other event spaces, violating the city’s laws governing nonprofit organizations.
November 5, 2021 •
News You Can Use Digest – November 5, 2021
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National/Federal A Year Out, Political Groups Prepare for What Could Be the Most Expensive Midterms Ever MSN – Kate Ackley (Roll Call) | Published: 11/2/2021 Next year’s midterm elections, which will determine control of the House and Senate for the second […]
National/Federal
A Year Out, Political Groups Prepare for What Could Be the Most Expensive Midterms Ever
MSN – Kate Ackley (Roll Call) | Published: 11/2/2021
Next year’s midterm elections, which will determine control of the House and Senate for the second half of President Biden’s first term, are on pace to shatter previous records, thanks largely to big money outside groups. Super PACs – more than a decade old, with an infrastructure and stream of donors to rival the political parties – and other outside organizations already have begun to invest heavily to influence the outcome of the 2022 elections. An infusion of millions of dollars into a race can upend the previous dynamics. Outside organizations will rely on polling and other cues for where to put their money.
At Least Seven Jan. 6 Rallygoers Won Public Office on Election Day
MSN – Amy Wang and Mariana Alfaro (Washington Post) | Published: 11/3/2021
At least seven people who attended the pro-Trump rally on January 6 in Washington, D.C. that preceded the insurrection at the U.S. Capitol were elected to public office on November 2. None were charged with crimes, and all denied being part of the pro-Trump mob that stormed the Capitol to stop the certification of President Biden’s electoral college win. The attack resulted in five deaths and left some 140 members of law enforcement injured.
Burr’s Brother-in-Law Called Stock Broker, One Minute After Getting Off Phone with Senator
ProPublica – Robert Faturechi | Published: 10/28/2021
After U.S. Sen. Richard Burr dumped more than $1.6 million in stocks in February 2020, a week before the coronavirus market crash, he called his brother-in-law, according to a new Securities and Exchange Commission (SEC) filing. They talked for 50 seconds. Burr, according to the SEC, had material nonpublic information regarding the incoming economic impact of coronavirus. The very next minute, Burr’s brother-in-law, Gerald Fauth, called his broker. It was previously unknown that Burr and Fauth spoke that day, and their contact came just before Fauth began the process of dumping stock himself.
Cases Show Foreign Donors Secretly Funnel Money Through Straw Donors, Shell Companies, ‘Dark Money’
Center for Responsive Politics – Anna Massoglia | Published: 10/28/2021
Lev Parnas, a Soviet-born former business associate of Rudolph Giuliani, was recently convicted for campaign finance crimes. His case exposed the ways secret donors, including foreign nationals, can hide their identities from the American public while currying influence with politicians through straw donors, shell companies, and other forms of “dark money.” While Parnas’ case ended with a conviction, other prosecutions in similar cases are just beginning.
Foreign Nationals Can Finance Ballot Initiatives, FEC Affirms
MSN – Isaac Stanley-Becker (Washington Post) | Published: 11/3/2021
The FEC affirmed that foreign nationals can legally spend money on ballot measures in states that do not otherwise forbid the practice. Federal law prohibits foreign nationals from making contributions in connection with federal, state, or local elections but is silent on spending related to ballot initiatives. The decision is consistent with established interpretations of federal election law, campaign finance experts said. But it does not address whether certain types of ballot initiatives that explicitly involve a candidate or bear directly on elections, such as redistricting measures, might trigger the federal ban on foreign money, said FEC member Ellen Weintraub.
Gun Control Group Alleges Campaign Finance Violations in Lawsuit Against NRA
MSN – Mychael Schnell (The Hill) | Published: 11/2/2021
The gun control group Giffords filed a lawsuit against the National Rifle Association, alleging the advocacy group violated campaign finance laws by illegally contributing tens of millions of dollars to Republican U.S. Senate and presidential candidates, including Donald Trump in 2016, through shell corporations. “Over the past seven years, the National Rifle Association has engaged in an ongoing scheme to evade campaign finance regulations by using a series of shell corporations to illegally but surreptitiously coordinate advertising with at least seven candidates for federal office,” the complaint states.
‘Last Stop’ House Committee Takes Its Turn in the Limelight
MSN – Lindsey McPherson (Roll Call) | Published: 11/3/2021
After 13 committees spent countless hours in September preparing a $3.5 trillion-plus partisan budget reconciliation package, the House Rules Committee – “the most powerful committee that people haven’t heard of,” according to its chairperson, U.S. Rep. Jim McGovern – is going to cut the measure almost in half. It is the panel’s job to tweak bills so they ultimately have the votes to pass. The committee has no original legislative jurisdiction, but the policy areas it can influence are endless.
Lobbying Firms Connected to Biden White House Are Flourishing Under New Administration
Yahoo News – Soo Rin Kim (ABC News) | Published: 11/3/2021
Lobbying firms with ties to President Biden and his administration are thriving, with some doubling and quadrupling their lobbying revenues from last year, disclosure filings show, but overall lobbying revenues have not increased much over the last year. Three firms led by former Biden aides and others with close ties to key members of the administration have brought in far more in lobbying revenues in just the first three quarters of 2021 than the amount they brought in during the entire previous year.
Perfect Attendance: Susan Collins racks up 8,000th vote in the Senate
MSN – Chris Cioffi (Roll Call) | Published: 11/1/2021
Even a global pandemic could not stop Susan Collins from keeping up her perfect U.S. Senate attendance, a consecutive voting streak that has stretched nearly a quarter-century. She reached the 8,000-vote mark recently, voting to confirm Elizabeth Prelogar to be U.S. solicitor general. Since her arrival in the chamber in 1997, Collins has not missed a single vote. Collins is still a couple of thousand votes away from breaking the record for longest streak ever, held by William Proxmire.
Senate Republicans Block Debate on a Third Major Voting Rights Bill
MSN – Mike DeBonis (Washington Post) | Published: 11/3/2021
Republican senators voted to block debate on the third major voting rights bill that congressional Democrats have sought to pass this year in response to the state-level GOP push to restrict ballot access following former President Trump’s false claims of a stolen 2020 election. Only one Republican, U.S. Sen. Lisa Murkowski, voted to advance it. The John Lewis Voting Rights Advancement Act seeks to empower the Justice Department and federal courts to review state election laws, restoring provisions of the Voting Rights Act of 1965 that have been struck down by the U.S. Supreme Court.
Stunning Survey Gives Grim View of Flourishing Anti-Democratic Opinions
The Hill – Reid Wilson | Published: 11/1/2021
A recent poll from the nonpartisan Public Religion Research Institute paints a troubling portrait of a growing segment of the public that is increasingly unmoored from reality as it embraces conspiracy theories about child abduction and stolen elections. It found a deep divide between those who trust right-wing media outlets and the rest of the nation, and even a divide between those who trust Fox News and those who trust outlets like One America Network and Newsmax. Eighteen percent say they agree with the statement that America has gotten so far off track that “true American patriots may have to resort to violence in order to save our country.”
Trump Campaign Payments for ‘Command Centers’ at D.C. Hotels Could Undermine Executive Privilege Claim in Jan. 6 Investigation
MSN – Jacqueline Alemany, Josh Dawsey, Emma Brown, and Tom Hamburger (Washington Post) | Published: 11/2/2021
More than $225,000 in Trump campaign payments went to firms owned by Bernard Kerik and Rudolph Giuliani, including more than $50,000 for rooms and suites at the Willard hotel in Washington, D.C. that served as a “command center” for efforts to deny Joe Biden the presidency in the days leading up to the attack on the Capitol on January 6. The fact that campaign funds were used to finance efforts to subvert Biden’s victory could complicate the Donald Trump’s ongoing attempt to use claims of executive privilege to shield documents and testimony from the congressional committee investigating the insurrection.
Trump Seeking to Block Hundreds of Pages of Documents from Jan. 6 Committee, Court Filing Shows
MSN – Amy Wang (Washington Post) | Published: 10/30/2021
Former President Trump is trying to withhold nearly 800 pages of documents from the House select committee investigating the January 6 insurrection. The filing was in response to and shed more light on a lawsuit Trump filed seeking to block the disclosure of records related to his whereabouts, communications, and activities that day. Exerting additional pressure on Trump, 66 former members of Congress, including 44 Democrats and 22 Republicans filed a brief opposing Trump’s attempt to shield documents from the select committee.
Two Democratic Senators Take Aim at ‘Zombie’ Campaigns
Yahoo News – Roger Sollenberger (Daily Beast) | Published: 11/4/2021
U.S. Sens. Michael Bennet and Elizabeth Warren introduced legislation to prohibit former politicians from holding on to their campaign money forever. The bill would outlaw so-called zombie campaign accounts for any politician who does not file for the next election six months after they leave office and would require any former politician who wishes to register as a lobbyist to shut down their campaign account immediately.
UK Needs a Lobbying Regulator, Review Author Recommends
Financial Times – Jasmine Cameron-Chileshe | Published: 11/2/2021
The United Kingdom should create a regulator able to “impose severe sanctions” on individuals who break lobbying rules, the author of an independent review into the issue suggested. Nigel Boardman, who published a review into lobbying following a scandal involving former Prime Minister David Cameron, told the House of Commons Public Administration and Constitutional Affairs Committee the lobbying industry needed to move away from “self-regulation.”
From the States and Municipalities
Alaska – After Federal Court Ruling, Alaska Campaign Regulators Propose Higher Donation Limits
Anchorage Daily News – James Brooks | Published: 11/3/2021
The staff of the Alaska Public Offices Commission set the state’s campaign contribution limit at $1,500 from an individual to a candidate, now that the Ninth U.S. Circuit Court of Appeals has thrown out the previous $500 cap. A group would be limited to $3,000 in donations per candidate or group per year. Campaigns and candidates are required to follow the new caps until the commission votes on the proposal and could be subject to an official complaint and investigation if they violate its limits.
California – City Report: SF officials got free tickets to pricey outside Lands Fest through ethically questionable loophole
KQED – Joe Fitzgerald Rodriguez | Published: 10/29/2021
According to a recent San Francisco Ethics Commission report, city officials have been given at least $430,950 in free tickets to the Outside Lands festival through a loophole, that although technically legal, is ethically dubious. The Recreation and Parks Department, which is the agency accepting the tickets from Another Planet Entertainment, which puts on the festival, is also in charge of the contract for the event space. That makes them a “restricted source” for officials involved in the contract, which means accepting any gifts from entities they are doing business with poses a potential conflict-of-interest.
California – How Local Independent Commissions Are Changing California Redistricting
CalMatters – Sameea Kamal | Published: 10/26/2021
California has a dozen new local independent commissions in this round of redistricting, a process that will create districts for elections from 2022 to 2030. These new panels are coming up with districts that in some places have never been redrawn, or have not been altered significantly, despite changing populations. Taking redistricting power away from officeholders could mean changes in representation and city priorities.
California – Is It Too Easy to Hold a Recall in California? Lawmakers Raise Changes After Newsom Victory
MSN – Lara Korte (Sacramento Bee) | Published: 10/29/2021
Both Democrats and Republicans said they are open to tweaking California’s 108-year-old recall laws, but they are far from consensus on what those changes should look like. Lawmakers gathered for the first formal discussion of the state’s recall process following Gov. Gavin Newsom’s victory against a recall. Democrats are concerned it is too easy to qualify a recall in California. Republicans said they are open to changing the recall in a way that makes it more efficient or conducts it in a better manner, but they are cautious about diluting an avenue of direct democracy.
Connecticut – A $375,000 Kentucky Derby Trip, Personalized Golf Balls and Luxury Swag Bags. Federal Jury Set to Determine When High-Priced Corporate Retreats Are Illegal Junketeering
MSN – Edmund Mahoney (Hartford Courant) | Published: 10/31/2021
Five former Connecticut Municipal Electric Energy Cooperative (CMEEC) officials are on trial over their involvement in multiple trips that cost more than $800,000 in total. The men planned or participated in trips that sent scores of friends, family, colleagues, and customers on utility-paid trips to the Kentucky Derby and golf outings at The Greenbrier resort in West Virginia. The defendants say the travel was legal under state law. “The evidence … will prove that the five defendants used hundreds of thousands of dollars of money belonging to CMEEC … for their personal benefit …,” prosecutors wrote in a pre-trial memorandum.
Delaware – Can Delaware Lawmakers Legally Oust an Indicted State Auditor? State Law Isn’t Clear
WHYY – Mark Eichman | Published: 11/2/2021
The Delaware General Assembly has never voted to have the governor oust another elected official. As a result, there is some confusion about how the process works. After a grand jury indicted state Auditor Kathy McGuiness on fraud charges, resolving that confusion has taken on increased urgency. The felony charges accuse McGuiness of hiring her daughter to a no-show job, giving her 2018 campaign consulting firm an illegal state contract, and intimidating employees who complained.
Florida – Candidates Fail to Turn in Mandatory Financial Reports
MSN – Corbin Bolies (Fresh Take Florida) | Published: 10/30/2021
Scores of challengers running for Congress across Florida have failed to successfully file financial reports in Washington that would publicly reveal key details about their personal wealth, debts, and jobs, as required by the U.S. House. The missing paperwork means voters have few clues so far about where these candidates have earned their money, where they invested, or to whom they owe personal debts. Candidates’ explanations included reports being lost in the mail, forgetting they were due, technical glitches, and confusion over what Congress required.
Florida – Florida Blocks Professors from Testifying Against Voting Law Pushed by DeSantis
Politico – Gary Fineout and Marc Caputo | Published: 10/30/2021
The University of Florida blocked three professors from testifying on behalf of plaintiffs in a lawsuit seeking to overturn the state’s new restrictive voting law. University officials asserted it was a conflict-of-interest for professors to testify in the lawsuit because they are state employees. It is a turnaround in university policy, which for years allowed professors to testify in lawsuits against the state, including one that unsuccessfully challenged the state law that restricted voting rights for convicted felons. Critics contend the action imperils academic freedom and raises concerns about the First Amendment.
Illinois – Ex-State Rep. Luis Arroyo Pleads Guilty in Bribery Case Tied to Sweepstakes Machines
MSN – Jason Meisner and Ray Long (Chicago Tribune) | Published: 11/3/2021
Former Illinois Rep. Luis Arroyo pleaded guilty in a bribery scheme involving a shadowy lobbying effort to expand the use of sweepstakes gaming machines. He acknowledged offering a member of the state Senate monthly payments of $2,500 to back a bill supported by a sweepstakes firm that hired Arroyo as a lobbyist. Prosecutors said Arroyo accepted $7,500 in bribes from James Weiss, the owner of sweepstakes firm Collage LLC, with the understanding he would vote for the legislation supported by Weiss and lobby members of the executive branch and the Illinois Senate.
Massachusetts – Michelle Wu Makes History as First Person of Color and Woman to Be Elected Boston Mayor
MSN – Joanna Slater and Adela Suliman (Washington Post) | Published: 11/3/2021
Democrat Michelle Wu is the first woman and person of color to be elected Boston mayor. The campaign largely focused on housing costs, education, and the city’s opioid crisis. But the race also highlighted Boston’s growing diversity, with all the leading candidates being women of color. It is the first time in nearly 200 years that the city’s next mayor will not be a White man.
Missouri – Many Redistricting Commissioners Have Close Ties to Lawmakers
Columbia Missourian – Rudi Keller (Missouri Independent) | Published: 11/4/2021
The 40 people chosen to draw new legislative districts for Missouri include political consultants, former candidates, and political party officers. They have until January to design 163 Missouri House and 34 state Senate districts that would be used next year. The commissions are billed as independent, and members are prohibited from running for a legislative seat for four years. Many commissioners, however, have close ties to the state legislators whose districts they will be redrawing.
Montana – Legislative Counsel Requests AG’s Documents in St. Peter’s Dispute
Missoula Current – Arren Kimbeil-Sannit (Daily Montanan) | Published: 11/1/2021
A special counsel tasked with probing allegations that state officials in the Montana attorney general’s office harassed doctors at St. Peter’s Health in Helena have formally requested documents related to the incident. Democratic legislative leadership requested their counterparts in the majority investigate the allegations on the heels of media reports in which St. Peter’s said unnamed state officials threatened doctors at the hospital for not prescribing a COVID-19 patient ivermectin, an unapproved treatment for the virus. The patient, an activist in the Lewis and Clark County Republican Party politics, has since passed away.
New Jersey – Former Owner of Morristown Law Firm Admits Directing Bold Straw Donor Scheme
MSN – Lori Comstock (Morristown Daily Record) | Published: 10/27/2021
Attorney Matthew O’Donnell pleaded guilty to “pay-to-play” charges in connection with a bribery scheme in New Jersey. O’Donnell admitted his firm submitted proposals for legal services to municipalities but failed to disclose the firm made campaign contributions to officials in those locations. Using straw donors allowed the firm to donate to campaigns and evade laws that would otherwise disqualify them from winning contracts. He faces a maximum three-year prison sentence and will be required to pay restitution to the victims of the scheme. The plea also calls for him to be banned from doing any business in the state for 10 years.
New Jersey – Murphy Reelected New Jersey Governor by Razor-Thin Margin
Yahoo News – Matt Friedman (Politico) | Published: 11/3/2021
New Jersey Gov. Phil Murphy has won reelection, defeating Republican Jack Ciattarelli in a closer-than-expected race. The contest eluded national coverage for most of the year, as both parties focused intensely on the close race for governor in Virginia. But Murphy’s small margin ultimately points to the same challenging political environment for Democrats, a year after winning the presidential election and with midterms looming.
New Jersey – N.J. Governor’s Race Fallout Could Claim Senate President Sweeney as Democrats Trail Key Legislative Races
MSN – Amanda Hoover and Brent Johnson (NJ Advance Media) | Published: 11/3/2021
New Jersey Senate President Stephen Sweeney seems set to lose his seat his seat to Edward Durr, a truck driver who spent only $153 over the course of his campaign. Durr has never held elective office. He ran on a platform of limiting government, reducing taxes, and fixing the state’s roads, but he did not garner much attention during the campaign. A Sweeney loss would significantly change the landscape of state politics, giving rise to a new Senate president and likely shifting the dynamic between the Legislature and the governor’s office.
New Jersey – Voters with Disabilities Gain Political Clout in NJ as Ballots Become More Accessible
MSN – Gene Myers (Bergen Record) | Published: 11/2/2021
New Jerseyans with disabilities are enjoying a new era of political relevance thanks to the coronavirus pandemic, both the voting reforms it spurred and the inequities it laid bare. People with disabilities showed “large gains” in 2020’s voter turnout, said Steve Flamisch of Rutgers University’s Program for Disability Research. It is a community that historically has splintered into smaller populations, each lobbying for specific needs in areas such as hearing or vision loss or developmental disabilities without coalescing into a larger political bloc. That has left such voters out of initial discussions about public policy, necessitating after-the-fact fixes such as those found in the Americans with Disabilities Act.
New York – Hochul Outsources Fundraising to Albany’s Top Lobbyists
Albany Times Union – Chris Bragg | Published: 11/1/2021
New York Gov. Kathy Hochul’s campaign is outsourcing a significant portion of its fundraising to Albany’s top lobbying firms, including a few featuring partners that were key witnesses caught up in past corruption cases. Hochul’s fundraising practice is legal. Yet at her swearing-in ceremony in August, she had said one of her priorities was “changing the culture of Albany.” But as she seeks to win a full term as governor next year, her campaign fundraising tactics have accelerated a longstanding practice in Albany’s political culture.
New York – Inspector General to Begin Releasing Its Secret ‘Letter’ Reports
Albany Times Union – Brendan Lyons and Chris Bragg | Published: 11/2/2021
New York Gov. Kathy Hochul’s directive creating more “transparency” in state agencies will include having the state inspector general’s office begin posting the results of all its investigations online, including the letters the office has more frequently sent to many agencies in recent years to privately summarize its findings in controversial matters. It was reported that during the administration of Gov. Andrew Cuomo, the inspector general’s office had been increasingly sending letters to agencies, rather than posting full reports on its website, to quietly handle matters ranging from sexual harassment to the alleged leak of confidential information to the governor.
New York – Sheriff Defends Filing of Criminal Complaint Against Cuomo
Yahoo News – Bobby Caina and Michael Hill (Associated Press) | Published: 10/29/2021
A sheriff defended his decision to file a criminal complaint against former New York Gov. Andrew Cuomo without consulting prosecutors or the accuser, a woman who says the Cuomo groped her late last year. Sheriff Craig Apple said he was confident in the strength of the case, which he said was based on witness interviews and voluminous records. A court summons requires Cuomo to appear for an arraignment on November 17, though that date could change. The one-page complaint filed in Albany City Court accuses Cuomo of forcible touching by putting his hand under a woman’s shirt on December 7.
Ohio – Columbus Officials Looking to Prevent Another Issue 7-Type Measure from Getting on Ballot
MSN – Mark Ferenchik and Bill Bush (Columbus Dispatch) | Published: 11/3/2021
The defeat of Issue 7 in Columbus, a murky initiative to divert $87 million in taxpayer money to fund vague “green energy” programs with no oversight, may be unprecedented in the history of city elections. Although voters were not buying the shadowy petition and those behind it, city officials are already looking at ways to restrict future ballot initiatives from being able to redirect millions of tax dollars to a private, unregulated group to spend how it sees fit.
Pennsylvania – How Do Staffs at PSERS and SERS Pension Plans Play the Market? The Public Can’t Find Out
MSN – Craig McCoy and John DiStefano (Philadelphia Inquirer) | Published: 11/1/2021
In California, public investment officers with power over billions of dollars in pension funds must disclose the stocks they own, their approximate cash value, when they bought them, when they sold, and any profits they made. Ohio requires public investment staff to disclose all their personal stocks. So does Florida. But in Pennsylvania, lenient laws mean scores of highly paid investment staffers and top public pension plan executives are required to reveal little or nothing about their personal stock trading.
Pennsylvania – Pa. House Mulling Gift Ban Bill, but Gov. Tom Wolf Says It Needs Strengthening. Here’s Why
Lebanon Daily News – J.D. Prose (Pennsylvania State Capital Bureau) | Published: 11/1/2021
Gov. Tom Wolf is urging the Pennsylvania Legislature to close a “loophole” in a gift ban bill that is moving forward in the House. House Bill 1009 prohibits elected officials and state employees from accepting lodging or sleeping accommodations, food and drinks, transportation, recreation, and entertainment collectively valued at more than $250 from registered lobbyists during a year. Wolf said it does not go far enough and should be strengthened to include gifts from businesses or people not registered as lobbyists in Pennsylvania.
Pennsylvania – Want to See Who’s Funding Local Candidates in Pa.? It’s Harder Than You’d Think
WHYY – Ethan Edward Coston (Spotlight PA) | Published: 11/2/2021
Hundreds of local races across Pennsylvania were decided on November 2 but determining who is bankrolled the candidates and how they spent that money can be onerous and time-consuming, a review found. Local candidates were required to file final pre-election campaign finance reports with their county by October 22. To test how easily and quickly the public could access this information less than two weeks before the election, Spotlight PA requested reports for school board candidates in nine counties.
Virginia – Republican Winsome Sears Projected to Win Lieutenant Governor’s Race
MSN – Antonio Olivo (Washington Post) | Published: 11/3/2021
Republican Winsome Sears was projected to win Virginia’s race for lieutenant governor, a victory that would make her the first woman in the state’s second-highest office and could tilt the closely split state Senate in her party’s favor on divisive issues such as abortion restrictions. The victory also would make Sears the first woman of color to hold a statewide office in Virginia, a milestone that was also possible for her opponent, Del. Hala Ayala, and that both candidates used to rally supporters in their bid to win the position that traditionally has been a launchpad for a run for governor.
Virginia – Youngkin Wins Virginia Governor’s Race, Jolting Democrats
MSN – Will Weissert and Sarah Rankin (Associated Press) | Published: 11/3/2021
Glenn Youngkin won the Virginia governor’s race, tapping into culture war fights over schools and race to unite former President Trump’s most fervent supporters with enough suburban voters to become the first Republican to win statewide office in 12 years. Youngkin’s defeat of Terry McAuliffe marked a sharp turnabout in a state that has shifted to the left over the past decade and was captured by Joe Biden last year by a 10-point margin. It is certain to add to the Democrats’ anxiety about their grip on political power heading into next year’s midterms.
October 29, 2021 •
News You Can Use Digest – October 29, 2021
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National/Federal Democrats Turn Down Top Lobbying Roles at Facebook as Scandals Pile Up Yahoo News – Nihal Krishan (Washington Examiner) | Published: 10/27/2021 Facebook is reportedly struggling to hire Democrats for its lobbying shop in Washington, D.C. despite paying top dollar, […]
National/Federal
Democrats Turn Down Top Lobbying Roles at Facebook as Scandals Pile Up
Yahoo News – Nihal Krishan (Washington Examiner) | Published: 10/27/2021
Facebook is reportedly struggling to hire Democrats for its lobbying shop in Washington, D.C. despite paying top dollar, a potential sign the social media behemoth is now deemed radioactive by many on the Left. The Biden administration and Democrats in Congress have threatened to go after Facebook with aggressive regulations, lawsuits, and investigations, and that appears to be making it an unattractive employer for top talent. Making matters worse, some senior Democratic lobbyists have left the company recently, the Wall Street Journal reported.
Ethics Panel Releases Reports on Malinowski, Kelly, Mooney and Hagedorn
MSN – Chris Marquette (Roll Call) | Published: 10/21/2021
The House Committee on Ethics released four reports into separate violations of ethics rules by four members of Congress, portraying what investigators suggested was a sweeping array of improper financial conduct. The allegations against three Republicans and one Democrat center on stock trades and the improper use of campaign funds, according to the Office of Congressional Ethics, which investigated the cases. All four cases will continue to be reviewed by the ethics committee.
Facebook Staff Complained for Years About Their Lobbyists’ Power
Yahoo News – Emily Birnbaum (Politico) | Published: 10/25/2021
Facebook’s lobbying and government relations shop, overseen by former Republican operative Joel Kaplan, regularly weighs in on speech-related issues, such as how to deal with prominent right-wing figures, misinformation, ads from former President Trump, and the aftermath of the George Floyd protests, according to internal documents. The dynamic is so prevalent, employees argued Facebook regularly ignored its own written policies to keep political figures happy, even overriding concerns about public safety. The disclosures come after years of internal and external grumbling at Facebook about the role played by Kaplan.
Fed to Ban Policymakers from Owning Individual Stocks, Restrict Trading Following Controversy
CNBC – Jeff Cox | Published: 10/21/2021
Responding to a growing controversy over investing practices, the Federal Reserve announced a wide-ranging ban on officials owning individual stocks and bonds and limits on other activities as well. The ban includes top policymakers such as those who sit on the Federal Open Market Committee, along with senior staff. Future investments will have to be confined to diversified assets such as mutual funds. The new rules replace existing regulations that, while somewhat restrictive, still allowed officials such as regional presidents to buy and sell stocks.
Five Points for Anger, One for a ‘Like’: How Facebook’s formula fostered rage and misinformation
MSN – Jeremy Merrill and Will Oremus (Washington Post) | Published: 10/26/2021
Five years ago, Facebook gave its users five new ways to react to a post in their news feed beyond the iconic “like” thumbs-up: “love,” “haha,” “wow,” “sad,” and “angry.” Facebook programmed the algorithm that decides what people see in their news feeds to use the reaction emoji as signals to push more emotional and provocative content, including content likely to make them angry. Facebook’s ranking algorithm treated emoji reactions as five times more valuable than “likes,” internal documents reveal. The theory was simple: posts that prompted lots of reaction emoji tended to keep users more engaged, and keeping users engaged was the key to Facebook’s business.
Florida Judge Rules Trump Can’t Skirt Twitter’s Terms Just Because He Was President, in Latest Legal Setback
MSN – Timothy Bella (Washington Post) | Published: 10/27/2021
A federal judge in Florida ruled Donald Trump’s status as a former president does not exclude him from following Twitter’s terms of service, the latest setback in his quest to get back on the social media platform after being banned this year. The judge granted Twitter’s motion to transfer the case from the Southern District of Florida to the Northern District of California, which is required by a clause in the company’s user agreement that all Twitter users sign. The case stems from Twitter permanently suspending Trump shortly after the January 6 riot at the U.S. Capitol that led to five deaths and injuries to hundreds of people.
Former Giuliani Associate Lev Parnas Is Convicted of Campaign Finance Crimes
National Public Radio – Associated Press | Published: 10/22/2021
A jury convicted a former associate of Rudy Giuliani of charges he made illegal campaign contributions to influence U.S. politicians and advance his business interests. Prosecutors accused Lev Parnas of using other people’s money to pose as a powerful political broker and get close to some of the nation’s leading Republican political figures. The case had drawn interest because of the involvement of Parnas and a former co-defendant, Igor Fruman, in Giuliani’s efforts to get Ukrainian officials to investigate Joe Biden’s son during the 2020 election.
House Votes to Hold Bannon in Contempt for Refusing to Comply with the Jan. 6 Subpoena
MSN – Felicia Sonmez, Marianna Sotomayor, and Jacqueline Alemany (Washington Post) | Published: 10/21/2021
The House voted to hold former White House chief strategist Stephen Bannon in criminal contempt of Congress for his refusal to comply with a subpoena issued by the committee investigating the January 6 attack on the Capitol. Bannon has argued he cannot respond to the subpoena because of executive privilege asserted by former President Trump. The matter now goes to the Justice Department, which will decide whether to pursue the matter. Legal experts have cast doubt on the merit of Bannon’s defense of his defiance of the subpoena.
Inside Facebook’s Struggle to Contain Insurrectionists’ Posts
Yahoo News – Alexandra Levine (Politico) | Published: 10/25/2021
In the hours leading up to the January 6 insurrection, engineers and other experts in Facebook’s Elections Operations Center were scrambling to thwart dangerous claims spreading across the platform, trying to detect false narratives of election fraud and squelch other content fueling the rioters. But much of what was happening across the social network that day fell into a bucket of problematic material Facebook has said it does not yet know how to tackle. Facebook had no clear playbook for handling some of the most dangerous material on its platform: content delegitimizing the U.S. elections.
Jan. 6 Protest Organizers Say They Participated in ‘Dozens’ of Planning Meetings with Members of Congress and White House Staff
Yahoo News – Hunter Walker (Rolling Stone) | Published: 10/24/2021
Two people who helped plan the pro-Trump rallies that took place in Washington, D.C., ahead of the Capitol riot on January 6 say members of Congress and the White House helped plan the protest that turned violent. Neither of the sources were identified, though Rolling Stone described one as a “rally organizer” and another as a “planner.” Rolling Stone reported the two are also talking to the House select committee investigating the insurrection. Both organizers also said Mark Meadows, who was serving as then-President Trump’s chief of staff, played a significant role in discussions regarding the protests ahead of January 6.
‘Threats of Violence’: School boards curb public comments to calm raucous meetings
MSN – Andrew Atterbury and Juan Perez Jr. (Politico) | Published: 10/26/2021
School leaders nationwide are beginning to eye ways to rein in public commentary at local meetings to quell raucous crowds over issues like mask mandates and critical race theory. The potential changes could add more strain between school boards and the public they serve, a domain that has emerged as a fierce culture war battleground amid the coronavirus. Parents across the nation are fighting for more control over what their children are learning in school, frustrations that have boiled over during the pandemic and are gaining support in the Republican Party.
Twitter Algorithms Amplify Conservative Content More Than That of the Political Left, Researchers Find
MSN – Taylor Telford (Washington Post) | Published: 10/24/2021
An internal evaluation of Twitter’s recommendation algorithms concluded they amplify right-leaning political content more than left-leaning content, undercutting allegations by many conservatives who contend they are being censored on the platform. The research is months in the making, part of Twitter’s promise to evaluate the underpinnings of its platform after the company was criticized for its role in the January 6 insurrection at the Capitol.
From the States and Municipalities
Alaska – After Federal Court Action, Alaska Prepares to Remove Most Restrictions on Campaign Contributions
Yahoo News – James Brooks (Anchorage Daily News) | Published: 10/27/2021
The Ninth U.S. Circuit Court of Appeals said it will not re-examine a decision that overturned many of Alaska’s most important limits on campaign contributions. The order clears the way for those caps to be lifted later this fall, ahead of next year’s municipal and state races. Those limits were part of a 2006 ballot measure, but the federal judges ended almost six years of legal arguments by saying they unconstitutionally limit the free-speech rights of political donors.
California – California Sets New Rules for Mystery Donations Made on Behalf of Lawmakers
MSN – Melody Gutierrez (Los Angeles Times) | Published: 10/21/2021
California law requires that charitable donations of $5,000 or more requested by elected officials or their representatives, a practice known as behested payments, be disclosed to limit undue influence in government. But the identities of those who use so-called donor-advised funds to make those payments are often shielded in state and local disclosures. The Fair Political Practices Commission approved changes that will require elected officials to report the name of the person directing a behested payment through a donor-advised fund. When the contribution is made anonymously, the elected official must note that in disclosure filings.
California – Huizar Seeks to Gut Corruption Case, Says Alleged $1.5 Million in Gifts Were Not Bribes
Yahoo News – Michael Finnegan and David Zahniser (Los Angeles Times) | Published: 10/26/2021
Attorneys for former Los Angeles City Councilperson Jose Huizar readily admit that many of the allegations made against him in a wide-ranging corruption case are “distasteful.” Federal prosecutors have accused him of traveling on private jets, staying at luxury hotels, gambling at casinos in Las Vegas, and consorting with prostitutes – all paid for by businesspeople seeking to profit from the real estate boom in his district. But Huizar’s lawyers argued many of the steps he is accused of taking to help those businesspeople, such as setting up meetings and recommending consultants, were too informal to qualify as the type of “official acts” that meet the definition of bribery under federal law.
California – San Diego City Attorney, Mayoral Aides Met with Lobbyists Over Ash Street Litigation
San Diego Daily Tribune – Jeff McDonald (San Diego Union-Tribune) | Published: 10/24/2021
One of San Diego’s highest profile lobbying firms met privately with City Attorney Mara Elliott, her top lieutenants, and two senior aides to Mayor Todd Gloria to resolve litigation over the ill-fated lease for the former Sempra Energy headquarters. The confidential discussions with Southwest Strategies lobbyists came at the same time the company was raising tens of thousands of dollars in political donations for Elliott, Gloria, and members of the city. Legal and political experts say the arrangement is unusual and questionable.
Colorado – New Redistricting Lobbying Complaint Targets Latino Advocacy Group
Denver Gazette – Evan Wyloge (Colorado Springs Gazette) | Published: 10/22/2021
Another complaint alleging failures to properly disclose redistricting lobbying activity was lodged with the Colorado secretary of state, this time targeting an influential Hispanic and Latino advocacy organization. The newest complaint takes aim at the Colorado Latino Leadership, Advocacy, and Research Organization, arguing their registered lobbyist has not properly disclosed his activities, and two other employees of the organization should have registered as lobbyists and disclosed their contact with redistricting commissioners as lobbying.
Colorado – No-Bid Contracts to Campaign Contributors, Top-Dollar PR Firms Among ‘Custodial Funds’ Spending in Colorado
Denver Gazette – Evan Wyloge (Colorado Springs Gazette) | Published: 10/21/2021
So-called custodial funds in Colorado are an example of government spending that has little to no oversight. The money can be used at the discretion of a state agency, as long as the spending qualifies under the purpose of the funds’ source, like spending $400 million received from settlements with drug companies on anti-drug addiction efforts. But there is no oversight step built into the process. Attorney General Phil Weiser directed about $250,000 to no-bid contracts for a handful of his campaign contributors or their firms from a pot of money controlled by his office that is intended to help protect consumers from fraud.
Connecticut – Former State Rep. DiMassa Allegedly Billed West Haven $100K for Lobbying the City ‘Wouldn’t Need,’ Documents Show
Stamford Advocate – Mark Zaretsky (New Haven Register) | Published: 10/26/2021
Former Connecticut Rep. Michael DiMassa, who was arrested on federal wire-fraud charges related to his use of COVID relief funds, allegedly claimed on invoices he submitted to the city of New Haven a company he formed that received $636,000 in federal money was involved in lobbying activities. The documents do not specify who would have done the lobbying for DiMassa’s Compass Investment Group and authorities allege none of the work for which invoices were submitted was done, and state law also prohibits any member of the Legislature from acting as a lobbyist.
Florida – Florida Ethics Commission Clears Ken Welch in 2018 Lobbying Controversy
Florida Politics – Kelly Hayes | Published: 10/27/2021
The Florida Commission on Ethics found no probable cause former Pinellas County Commissioner Ken Welch misused his position in 2018 when lobbying public officials on behalf of his wife. The commission cleared Welch less than two weeks before the St. Petersburg election in which Welch tops the ballot for mayor. The issue has dogged Welch’s mayoral campaign in some attack emails by a shadowy group that messaged voters highlighting the past controversy. The emails referenced a Tampa Bay Times editorial criticizing Welch for an “obvious conflict-of-interest.”
Florida – Florida Senate ‘Ghost’ Candidate Alex Rodriguez Faces Potential $20,000 Ethics Fine
MSN – Mark Harper (Daytona Beach Journal) | Published: 10/27/2021
Alex Rodriguez, the former “ghost” candidate who pleaded guilty in August in an election-fraud criminal case, has been levied a $20,000 fine. The Florida Commission on Ethics announced it approved a settlement agreement with Rodriguez for accepting money “from an individual based on the understanding he would change his party affiliation, qualify to run” in the 2020 Senate District 37 race, and file a false financial-disclosure form. Rodriguez ran as a no-party affiliation candidate in a tight contest between then-incumbent Sen. Jose Rodriguez and Republican Ileana Garcia. He was considered a “ghost” candidate because he did not campaign other than filling out the paperwork and paying the qualifying fee.
Georgia – Judge: State can’t pursue charges against Georgia’s Oxendine
MSN – Associated Press | Published: 10/24/2021
A judge is throwing out ethics charges against former Georgia Insurance Commissioner John Oxendine, saying state officials waited too long to pursue action. Oxendine was accused of illegally using campaign funds from his failed 2010 gubernatorial campaign to buy a house and lease cars. He was also accused of accepting campaign contributions 10 times above the legal limit from insurance companies.
Iowa – Des Moines Schools’ Superintendent’s Wife Donated to School Board Candidate’s Campaign
MSN – Samantha Hernandez (Des Moines Register) | Published: 10/24/2021
Des Moines Public Schools’ Superintendent Tom Ahart’s wife donated $400 to a city School Board candidate’s campaign, a contribution that is legal but raises ethical questions, government watchdogs say. Jami Bassman Ahart donated to candidate Shelley Skuster, who is running to unseat Kim Martorano, who previously voted not to extend Ahart’s contract with the district. If elected, Skuster would be among those making decisions about Ahart’s future employment.
Michigan – Detroit Cops Accused of Pocketing Cash, Steering Towing Work, Offering to Leak Info
Detroit News – Robert Snell, George Hunter, and Oralandar Brand-Williams | Published: 10/27/2021
Two members of the Detroit Police Department, including an internal affairs lieutenant, were charged with bribery. The arrests are in connection with “Operation Northern Hook,” a broader FBI investigation of corruption within City Hall and municipal towing operations. Lt. John Kennedy and Officer Daniel Vickers conspired to accept bribes in exchange for steering towing work to an unidentified company, prosecutors alleged. The bribes included thousands of dollars in cash, cars, and new carpeting for Vickers’ home, according to the government.
Michigan – Feds Secure First Conviction in Taylor Mayor Bribery Scandal
Detroit News – Robert Snell | Published: 10/22/2021
Federal prosecutors secured the first conviction in a bribery case against Taylor Mayor Rick Sollars when a real estate developer admitted bribing Sollars with more than $53,000 in cash, appliances, home renovations, and gambling money. Shady Awad pleaded guilty to bribery conspiracy almost two years after he was charged. Awad is the latest person convicted in a crackdown on public corruption in Metro Detroit. Since 2008, more than 100 individuals have been charged and there are ongoing FBI investigations targeting Detroit City Council members.
Mississippi – Brett Favre Repays $600,000 in Mississippi Welfare Fraud Case
New York Times – Michael Levensen | Published: 10/27/2021
Brett Favre, the Hall of Fame quarterback who was raised in Mississippi, paid the state back $600,000 he owed after he improperly received welfare money for speeches as part of an extensive fraud scheme. But Favre could still be sued if he does not pay the state the remaining $228,000 in interest he owes, said state Auditor Shad White. Mississippi had allowed millions of dollars in anti-poverty funds to be used in ways that did little or nothing to help the poor, with two nonprofit groups instead using the money on lobbyists, football tickets, religious concerts, and fitness programs for state lawmakers.
Missouri – Unexplained Exits Becoming the Norm for Missouri Gov. Mike Parson’s Cabinet
Missouri Independent – Jason Hancock | Published: 10/25/2021
The October 12 departure of Sarah Steelman as commissioner of the Office of Administration marked the third time in six months that a member of Missouri Gov. Mike Parson’s Cabinet was let go suddenly and without any public explanation. Just like the previous two – Former Health Director Randall Williams and ex-chief operating officer for the governor Drew Erdman – Steelman was asked to resign effective immediately, and her resignation letter is being withheld from public disclosure. House Minority Leader Crystal Quade said the moves are especially troubling now that they involve the state’s purchasing agency.
New Jersey – An Oath Keeper Was at the Capitol Riot. On Tuesday, He’s on the Ballot.
New York Times – Tracy Tully | Published: 10/27/2021
Edward Durfee Jr. is an active member of the far-right Oath Keepers militia who leads the group’s northern New Jersey region and was outside the Capitol during the January 6 insurrection. He is also running for the New Jersey Assembly as a Republican. Durfee said he did not enter the Capitol during the assault, and he condemned the violence that led to several deaths. But he wholeheartedly embraces the ideology of the Oath Keepers, an antigovernment group that pledges to support and defend its interpretation of the Constitution against all enemies.
New York – Rep. Espaillat Campaign Paid Thousands to Online Influencers Who Delivered Flattering Posts
The City – Claudia Irizarry Aponte | Published: 10/25/2021
Campaign committees for U.S. Rep. Adriano Espaillat have paid nearly $15,000 to bloggers for posting hundreds of flattering articles dating to his first run for Congress in 2016. The bloggers’ posts do not disclose their financial ties with the Espaillat campaign, exploiting a legal gray area as paid social media influencers play a growing role in campaigns nationally. Two of those bloggers have also received payments from four candidates for the New York City Council, classified in campaigns’ filings as “communications” or “advertising.” The council contenders also have reaped favorable articles written by the bloggers, without disclosure to readers of the payments.
Ohio – Bankruptcy Court Overseeing Energy Harbor Case Didn’t Pre-Approve $500K Political Donation
MSN – Laura Bischoff (Columbus Dispatch) | Published: 10/24/2021
Bankrupt and struggling for survival, FirstEnergy Solutions donated $500,000 to the Republican Governors Association in October 2018 as part of a political strategy recommended by Akin Gump Strauss Hauer & Feld, a powerful law and lobbying firm. But the contribution, designed to help Mike DeWine, did not get prior approval from the federal bankruptcy court. FirstEnergy and FirstEnergy Solutions, which is now called Energy Harbor, have not provided a full disclosure of how much money it pumped into Ohio politics via “dark money” groups.
Ohio – Cincinnati City Council Approves Anti-Corruption Reforms
WXIX – Jennifer Edwards Baker | Published: 10/27/2021
Rocked by a corruption scandal that saw three members indicted on bribery charges last year, Cincinnati City Council approved two anti-corruption reform measures. One will prohibit council members from soliciting and accepting campaign contributions from those having a financial interest in city business while that business is pending before council. The other will create the position of ethics czar. This person will investigate ethics complaints, oversee a confidential whistleblower hotline, and in general support ethics, election, and campaign finance efforts.
Ohio – Sam Randazzo Overruled PUCO Commissioners, Staff to Help FirstEnergy, According to Company’s Ex-CEO
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 10/21/2021
Former Public Utilities Commission of Ohio (PUCO) Chairperson Sam Randazzo, whom FirstEnergy admitted to bribing, overruled other commissioners and staff to secure policies that benefitted the utility. Randazzo also succeeded in “burning” the final report of a PUCO-commissioned audit into a FirstEnergy customer charge the Ohio Supreme Court overturned the previous year. Critics are questioning whether that report contained information about whether FirstEnergy was improperly using money collected from customers to help pay a $60 million bribe to secure the passage of legislation favorable to the company.
Pennsylvania – Pennsylvania Lawmakers Get Started on Bills Restricting Lobbyists
Pittsburgh Post-Gazette – Marc Levy (Associated Press) | Published: 10/25/2021
The Pennsylvania House began advancing a package of bills aimed at lobbying, including limiting gifts from lobbyists, and prohibiting lobbyists from trying to influence an elected official for whom they also worked as a campaign strategist. One of the centerpiece bills would bar state officials, including lawmakers, from letting a lobbyist pay for their transportation, lodging, recreation, or entertainment, and limiting gifts from lobbyists to $250 in value each year.
Tennessee – State Sen. Brian Kelsey, Nashville Club Owner Indicted in Campaign Finance Conspiracy
MSN – Rachel Wegner and Brinley Hineman (The Tennessean) | Published: 10/25/2021
A federal grand jury returned a five-count indictment charging Tennessee Sen. Brian Kelsey and club owner Joshua Smith with violating multiple campaign finance laws as part of a conspiracy to benefit Kelsey’s 2016 campaign for Congress. Smith owns The Standard, an elite Nashville club that also operates its own state PAC. There, the investigators allege, they illegally funneled money into Kelsey’s campaign on one occasion at a private dinner through the club’s PAC. A watchdog group filed an FEC complaint saying Kelsey and others may have been involved in illegal straw donations, inappropriate coordination, and other possible wrongdoing.
Texas – Gov. Greg Abbott’s Pick for Top Texas Election Post Worked with Trump to Fight 2020 Results
Texas Tribune – James Barragán and Patrick Svitek | Published: 10/21/2021
Gov. Greg Abbott appointed John Scott, an attorney who briefly represented former President Trump in a lawsuit challenging the 2020 election results in Pennsylvania, as Texas’ new secretary of state. Scott would oversee election administration in Texas, a task complicated in by baseless claims of widespread election fraud from Republicans in the highest levels of government, fueled by Trump. Scott will eventually have to be confirmed by the Legislature, which is not scheduled to meet again until 2023. Until then, Scott will serve as interim secretary of state and will oversee next year’s statewide races, in which Abbott will run for reelection.
Texas – Texas Abortion Law Model Could Spread to Guns, Free Speech, Supreme Court Is Told
MSN – Todd Ruger (Roll Call) | Published: 10/28/2021
The U.S. Supreme Court faces arguments that a novel enforcement scheme Texas created for its abortion law could be used by states to neutralize other constitutional rights related to guns, protests, campaign finance, and more. The warning comes from not only the Justice Department and the abortion providers that have challenged the law but also constitutional scholars, states, former prosecutors, and law enforcement officials and a California-based nonprofit group that pushes for gun rights.
Texas – Texas GOP Lawmaker Launches Investigation of Books on Race and Sexuality Used in School Districts
MSN – Mariana Alfaro (Washington Post) | Published: 10/27/2021
A Texas Republican lawmaker launched an investigation into some of the state’s school districts’ libraries, demanding in a letter that educators say whether their schools own books named in a list of 850 titles, many of which cover issues of race and sexuality. Rep. Matt Krause, who is running for state attorney general, sent the letter as part of his role as chairperson of the House Committee on General Investigating. Sarah Spurrier, a high school social studies teacher, said she does not teach critical race theory in her classes, because that is a concept she first heard of this summer, when it became a conservative talking point.
Texas – Texas GOP Lt. Gov. Patrick Offered $25,000 for Election-Fraud tips. The First Payout Was for a Republican’s Illegal Vote.
MSN – Julian Mark (Washington Post) | Published: 10/22/2021
Three days after the 2020 presidential election was called for Joe Biden, and as then-President Trump took to Twitter and falsely claimed tens of thousands of votes were cast illegally, Texas Lt. Gov. Dan Patrick said he would reward a minimum of $25,000 to tipsters who uncovered credible instances of voter fraud. Now Patrick has given out his first reward to Eric Frank, a Democratic poll worker from Pennsylvania whose tip led to the recent conviction of a registered Republican who cast a second vote in his son’s name last November.
Virginia – An Army of Poll Watchers – Many Driven by GOP’s ‘Election Integrity’ Push – Turns Out Across Virginia
MSN – Meagan Flynn and Shawn Boburg (Washington Post) | Published: 10/27/2021
In Virginia, the Republican Party’s “election integrity” push has driven an influx of election observers in this year’s gubernatorial race. In some trainings, prospective poll watchers have been taught to see themselves as a bulwark against election fraud. But while many registrars said they welcomed the poll watchers’ commitment to transparency, some tactics have made election officials uneasy because it is clear former President Trump’s claims of mass voter fraud have driven much of the interest, said Fairfax County General Registrar Scott, creating a created a sense among some staff members the observers do not trust them.
Virginia – Virginia’s Redistricting Commission’s Failure to Transcend Partisanship Has Lessons for Other States, Critics Say
MSN – Meagan Flynn (Washington Post) | Published: 10/25/2021
Last year, Virginia voters approved a bipartisan commission to take politics out of redistricting. This year, blowing past deadlines to deliver new state and congressional maps, the Virginia Redistricting Commission failed to reach agreement on any maps, with time running out to reconvene. It marks a stunning departure from the type of redistricting overhaul voters sought when they approved the commission. While voters and advocates hoped to end gerrymandering, instead what they got was a stalemate, as commissioners gridlocked along party lines almost every step of the way.
October 22, 2021 •
News You Can Use Digest – October 22, 2021
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National/Federal Advocates Worry Biden Is Letting U.S. Democracy Erode on His Watch MSN – Ashley Parker, Tyler Pager, and Amy Gardner (Washington Post) | Published: 10/16/2021 Voting rights advocates meet once every week or two with White House officials via video […]
National/Federal
Advocates Worry Biden Is Letting U.S. Democracy Erode on His Watch
MSN – Ashley Parker, Tyler Pager, and Amy Gardner (Washington Post) | Published: 10/16/2021
Voting rights advocates meet once every week or two with White House officials via video conference, and in almost every session, an advocate speaks up to say President Biden must do more, that American democracy is under threat and the president is not meeting the challenge. In the nine months since Biden took office, GOP officials throughout the country have baselessly challenged the 2020 results, conducting clumsy audits. States have restricted voting and have changed their procedures to allow political influence over elections. Many in Trump’s camp have taken to lauding the deadly January 6 attack on the Capitol.
As Some Black Staff Members Leave Congress, Those Who Remain Call for Change
New York Times – Aishvarya Kavi | Published: 10/17/2021
Black staff members in Congress are sounding the alarm on a “painful” two years, including the coronavirus pandemic and the January 6 attack on the Capitol, they say have exacerbated the challenges they face in pursuing a career on Capitol Hill. Two congressional staff associations called for better pay and “a stronger college-to-Congress pipeline” to recruit Black graduates. They also urged voters to push lawmakers to diversify their staff. Published on behalf of more than 300 Black staffers, the letter offers a glimpse at the experiences of those who work behind the scenes drafting policy, interacting with constituents, and advancing agendas.
As Trump Thunders About Last Election, Republicans Worry About the Next One
Yahoo News – Jeremy Peters (New York Times) | Published: 10/18/2021
The Republican Party’s ambitions of ending unified Democratic control in Washington in 2022 are colliding with a considerable force that can sway tens of millions of votes: former President Trump’s increasingly vocal demands that members of his party remain in a permanent state of obedience, endorsing his false claims of a stolen election or risking his wrath. “If we don’t solve the Presidential Election Fraud of 2020, Republicans will not be voting in ’22 or ’24. It’s the single most important thing for Republicans to do.,” Trump said in a recent statement.
David Cameron Cleared Over Unregistered Lobbying on Work for US Biotech Group
Financial Times – Jasmine Cameron-Chileshe | Published: 10/20/2021
Former United Kingdom Prime Minister David Cameron was cleared by the lobbying regulator over whether he should have registered as a consultant lobbyist while working with biotechnology group Illumina. OpenDemocracy reported that Cameron, who is a paid adviser for Illumina, met the then vaccines minister Nadhim Zahawi just months after the company was granted £870,000 of contracts with Public Health England. The registrar assessed four pieces of communication by the former prime minister, which included text messages referencing Illumina that were sent in 2021 to Zahawi.
Drain the Swamp? This Guy’s Trying to Fill It.
Yahoo News – Hailey Fuchs (Politico) | Published: 10/15/2021
Ivan Adler is a recruiter who specializes in plucking lawmakers and staffers off Capitol Hill or elsewhere in government and placing them into jobs on K Street in trade associations, corporations, law practices, and lobbying firms. There are other lobbyist recruiters in Washington, but few, if any, do it with as much bravado as Adler. His name is well-known among lawmakers who are leaving their posts for jobs in the private sector. Adler said he is so plugged in that he is sometimes among the first to know a member of Congress is contemplating whether to seek reelection.
FBI Searches D.C., NYC Homes Connected to Russian Oligarch Oleg Deripaska
MSN – Devlin Barrett, Spencer Hsu, and Rosalind Helderman (Washington Post) | Published: 10/19/2021
FBI agents searched homes connected to sanctioned Russian oligarch Oleg Deripaska, one in Washington, D.C. and one in New York City, as part of an unspecified criminal investigation into the activities of a man who has not set foot on U.S. soil in years. His name came up repeatedly in recent investigations involving Russia and Donald Trump’s 2016 presidential campaign. Deripaska is a billionaire and has long been a key ally of Russian President Vladimir Putin. He also did business for years with Paul Manafort, Trump’s onetime campaign chairperson, although he and Deripaska eventually had a falling out.
Fed Ethics Office Warned Officials to Curb Unnecessary Trading During Rescue
New York Times – Jeanna Smialek | Published: 10/21/2021
As the Federal Reserve was taking steps to shore up financial markets at the onset of the pandemic last year, its ethics office sent out a warning. Officials might want to avoid unnecessary trading for a few months as the Fed dived deeper into markets, the Board of Governors’ ethics unit suggested in an email, a message that was passed along to regional bank presidents. But the recommendation did not go far enough to prevent a trading scandal that is now engulfing the Fed and being leveraged against its chair, Jerome Powell, as the White House mulls whether to reappoint him before his leadership term expires early next year.
House Jan. 6 Panel Votes to Hold Ex-Trump Advisor Stephen Bannon in Contempt
Yahoo News – Del Quentin Wilber (Los Angeles Times) | Published: 10/19/2021
A congressional committee investigating the January 6 attack on the U.S. Capitol voted to hold former Trump advisor Stephen Bannon in contempt for not cooperating with its inquiry, a significant escalation in the panel’s efforts to get answers about the insurrection from the political operative. Former President Trump has told allies not to cooperate with the inquiry. Bannon helped run Trump’s 2016 campaign and served briefly in the White House but was a private citizen in the run-up to the insurrection. If the full House votes to endorse the resolution, Bannon will be referred to the Justice Department for possible prosecution.
K Street Revenues Boom
MSN – Karl Evers-Hillstrom (The Hill) | Published: 10/20/2021
The leading K Street firms continue to rake in record sums of cash as corporate clients push their chips in to influence President Biden’s ambitious domestic agenda. Companies and trade associations, fighting to stave off corporate tax hikes and other Democratic proposals to reshape sections of the economy, are leaning on lobbyists who have cultivated close relationships with congressional leaders and Biden administration officials. Nearly all the top lobbying firms increased their third-quarter revenue over the same period last year.
Lobbying Groups’ Effectiveness Hits New High This Year: Study
MSN – Karl Evers-Hillstrom (The Hill) | Published: 10/19/2021
Trade associations are finding unprecedented success in influencing policymakers this year. An APCO Worldwide study surveyed 322 congressional staffers, executive branch officials, and private sector executives, and reported trade groups are having their best year since APCO started tracking their effectiveness in 2013. That finding comes after trade groups launched extensive lobbying campaigns to influence Democrats’ coronavirus stimulus package, the bipartisan infrastructure bill, and the $3.5 trillion social spending plan. Their efforts are bolstered by Democrats’ thin majorities and divisions between the party’s moderates and progressives.
Nebraska GOP Rep. Fortenberry Indicted
MSN – Hailey Fuchs and Olivia Beavers (Politico) | Published: 10/19/2021
A federal grand jury indicted U.S. Rep. Jeff Fortenberry, alleging he concealed information and made false statements to authorities. The Justice Department said Fortenberry repeatedly lied to and misled authorities during an investigation into illegal contributions to his reelection campaign that were made by a Nigerian-born billionaire, Gilbert Chagoury. The charges against Fortenberry emerged from a case against Chagoury, who under federal law cannot contribute to U.S. elections but admitted to providing approximately $180,000 to make campaign donations.
Political Nonprofit Fundraising Off Breast Cancer Has Deep Ties to Scam PAC Networks
Center for Responsive Politics – Roger Sollengberger and Anna Massoglia | Published: 10/15/2021
Although it sounds like a noble charity, the American Breast Cancer Coalition (ABCC) is a political group and rather than trying to address breast cancer, it appears to be a scheme to extract millions of dollars in donations, mostly from small donors. In recent robocalls, a female voice claims the goal of the group’s fundraising is to “support legislators who will fight for the fast-track approval of life saving breast cancer health bills and breast cancer treatment drugs to the FDA.” But IRS records tell a different story, revealing payments to firms with ties to a multimillion-dollar “scam PAC” network.
Staffers Keep Clashing Over Masks in the Capitol Hallways
MSN – Chris Cioffi (Roll Call) | Published: 10/21/2021
One congressional staffer said he almost always wears a mask at work. His closest colleagues do too. But everywhere the Democrat looked recently, bare faces rushed by, ignoring the signs: “Use of face covering is required.” Some staffers say they feel trapped in a never-ending proxy war, squabbling over masks as larger partisan tensions rage in Congress. Nineteen months into the pandemic, masks are still much more than simple pieces of fabric and that is especially true when you work on Capitol Hill, in the heart of political Washington, D.C.
From the States and Municipalities
Arizona – ‘Down the Rabbit Hole’: Arizona GOP goes full fringe
MSN – David Siders (Politico) | Published: 10/20/2021
As the Republican Party hardens around its fealty to former President Trump, the Arizona GOP is filling up its midterm ballot with a roster of conspiracy theorists and extremists that could threaten the party’s prospects in a state that has drifted leftward in recent elections. The latest of those candidates is Ron Watkins, a celebrity in the QAnon conspiracy world suspected of being Q, who announced his plans to run for Congress recently. It is not just that Watkins embraces the baseless claim the November election was stolen. It is that an entire ticket is running on that falsehood now.
California – California #MeToo Leaders Say Capitol’s Sexual Harassment Unit Is Too Close to the Legislature
MSN – Hannah Wiley (Sacramento Bee) | Published: 10/18/2021
A network of activists called We Said Enough launched in October 2017 with a Los Angeles Times op-ed that called out a “pervasive” culture of abusive behavior by men in California’s institutions of power. More than 140 women, including several lawmakers and party leaders, signed the letter. In the following months, three lawmakers resigned amid public sexual misconduct allegations and investigations. The Capitol responded to the movement by setting up an independent review panel it dubbed the Workplace Conduct Unit to field new complaints. Activists say problems still persist.
California – California Board Diversity Requirements Face Legal Challenge
MSN – Ellen Myers (Roll Call) | Published: 10/14/2021
California, one of the first states to require companies to include women on their boards of directors, may see its ability to enforce director diversity laws upended depending on the outcome of multiple lawsuits. One of those lawsuits is a complaint from three California taxpayers over enforcement of Senate Bill 826, which requires public companies with principal executive offices in the state to incrementally increase the number of women on their boards. It will head to trial on October 25.
California – Top California Labor Official and Husband Accused of Grand Theft, Embezzlement and Tax Evasion
MSN – Taryn Luna (Los Angeles Times) | Published: 10/13/2021
The top staff member at California’s largest labor union resigned after she and her husband were charged with felonies including tax fraud. Alma Hernandez served as executive director for SEIU California since 2016. Hernandez faces two charges of grand theft and one of perjury for her work as treasurer on a 2014 political committee supporting a state Senate candidate. The complaint alleges she directed nearly $12,000 in campaign money to her husband for campaign food services that he never provided. That political committee received numerous contributions from the SEIU California’s political arm.
Colorado – Colorado County Clerk Who Embraced Conspiracy Theories Is Barred from Overseeing Elections
MSN – Emma Brown (Washington Post) | Published: 10/13/2021
A Colorado judge prohibited Mesa County Clerk Tina Peters from overseeing this November’s election. The effort by Peters to ferret out supposedly hidden evidence of fraud in the 2020 election amounted to an escalation in the attacks on the nation’s voting systems, according to experts. Secretary of State Jena Griswold filed a lawsuit seeking to strip Peters of her election duties after passwords for Mesa County’s voting machines were posted online and copies of the hard drives were presented at a symposium hosted by MyPillow executive Mike Lindell, who denies President Biden won the 2020 election.
Connecticut – Guilty Plea Entered in State Senate Election Fraud Case
MSN – Associated Press | Published: 10/20/2021
A former campaign worker for a state Senator in Connecticut pleaded guilty to federal charges she conspired to fraudulently obtain public funds for the senator’s 2018 legislative campaign. Tina Manus worked on the campaign of Sen. Dennis Bradley, who is awaiting trial on charges his campaign ran a scheme to make it look as though he qualified for funds to which he was not entitled. Manus pleaded guilty to one count of conspiracy to commit wire fraud and agreed to cooperate in the investigation.
Connecticut – State Rep. Michael DiMassa Arrested by FBI in Probe of Misuse of COVID Relief Funds, Accused of Stealing More Than $600,000
MSN – Edmund Mahoney (Hartford Courant) | Published: 10/20/2021
Connecticut Rep. Michael DiMassa was arrested, accused of stealing more than $600,000 in federal COVID relief money by billing the city of West Haven, where he also worked as an aide to the city council, for pandemic related consulting services that federal officials said he never performed. Federal prosecutors said a portion of the alleged thefts appear to correspond with DiMassa’s purchase of tens of thousands of dollars in gambling chip at the Mohegan Sun Casino.
Florida – ‘It Gets Complicated’: Inconsistencies emerge when commissioners declare conflicts of interest
Tallahassee Democrat – Jeff Burlew | Published: 10/20/2021
Citing actual or apparent conflicts-of-interest, Leon County and Tallahassee city commissioners refrained from voting on issues big and small, from COVID-19 relief efforts to legal fees and development minutia. An investigation based on voting conflict forms and other public records found commissioners were sometimes inconsistent as they navigated what remains a complicated and grey area of the law. They often relied on an exemption in state statutes allowing them to abstain for mere appearances of a possible conflict-of-interest, though that provision is supposed to be applied narrowly.
Illinois – Chicago Sky Owner Michael Alter Agrees to Pay Fine for Lobbying Mayor Lori Lightfoot
MSN – Gregory Pratt (Chicago Tribune) | Published: 10/20/2021
Chicago Sky owner Michael Alter will pay a $5,000 fine to the city after the ethics board sanctioned him for unregistered lobbying of Mayor Lori Lightfoot. Alter argued earlier this year that the board was wrong to fine him for unregistered lobbying after The Chicago Tribune obtained emails showing he asked Lightfoot for help gaining a gambling license. But he has since reversed course and agreed to pay the fine.
Illinois – Indicted Former City Club President Fined $75K by Ethics Board for Violating Lobbying Rules
WTTW – Heather Cherone | Published: 10/19/2021
Jay Doherty, the former head of the City Club of Chicago, was fined $75,000 by the Chicago Board of Ethics for violating the lobbying law. An investigation concluded Doherty “violated the ordinance on three occasions by lobbying on behalf of entities for which the individual had not duly registered as a lobbyist, and on four occasions lobbied but failed to properly report that lobbying activity as required on the quarterly lobbying activity reports.” Doherty has pleaded not guilty to charges that accused him of being part of a scheme to reward those loyal to former House Speaker Michael Madigan with money and jobs in exchange for Madigan’s support.
Illinois – Three-Judge Panel Declares Illinois Legislative Redistricting Plan Unconstitutional
Courthouse News Service – Dave Byrnes | Published: 10/20/2021
A three-judge panel declared Illinois’ June 2021 state legislative redistricting unconstitutional, in a rebuke to the Legislature’s Democratic-controlled State Board of Elections. A lawsuit alleged that, as the redistricting plan was based on preliminary 2015-2019 state population estimates made by the U.S. Census Bureau’s American Community Survey and not the official 2020 Census results, it violated the equal protection clause of the Fourteenth Amendment. The judges said the redistricting plan apportions state legislative districts in such a way that some districts are severely under-populated, while others are severely over-populated.
Louisiana – Gary Smith Sr. Files Ethics Disclosure on Debris Deals, the First Such Disclosure in Years
New Orleans Advocate – Sam Karlin | Published: 10/18/2021
The father of state Sen. Gary Smith Jr. filed an ethics disclosure for debris-staging contracts worth more than $105,000, the first such disclosure anyone has made to the Louisiana Board of Ethics in six years. The Smith family owns a network of companies that has long made money off hurricane work. After Katrina in 2005, one of the companies won a controversial FEMA deal to provide trailers for more than $100 million. It is not clear why such disaster contract disclosures are so rare.
Maine – Maine Ethics Watchdog Turn Back CMP Allies’ Request to Investigate Corridor Foe
Bangor Daily News – Caitlin Andrews | Published: 10/15/2021
The state’s ethics commission rejected a request from Central Maine Power Co. allies to investigate a top opponent of their $1 billion corridor project, Sandra Howard, who leads the nonprofit Say No to NECEC, over a large contribution from a political group she runs to a nonprofit she also runs. The vote means the commission will not investigate the anti-corridor side during the last weeks of a referendum campaign that has drawn more than $60 million in spending.
Massachusetts – Grand Jury Is Said to Have Heard Testimony About Potential Campaign Finance Violations by MassGOP Head, Republican State Senator
MSN – Emma Platoff (Boston Globe) | Published: 10/18/2021
A state grand jury has heard testimony about potential campaign finance violations by the head of the Massachusetts Republican Party and a state senator, according to a person who received a subpoena and spoke before the panel. Sources said the probe appears focused on GOP Chairperson Jim Lyons, Sen. Ryan Fattman, and his wife, Worcester County’s register of probate, Stephanie Fattman. In April, campaign finance regulators told state prosecutors the Republicans might have violated campaign finance laws. The work of the grand jury would mark an escalation in the probe and suggests authorities are pursuing it as a criminal matter.
Massachusetts – High-Powered Lobbying Firm Arrives in Boston Touting Ties to Labor Secretary Martin Walsh
MSN – Neya Thanikachalam (Boston Globe) | Published: 10/15/2021
An influential national lobbying firm opened a Boston location touting a potentially valuable advantage – connections to former mayor and current U.S. Labor Secretary Martin Walsh. Ballard Partners said its new location will be headed by Eugene O’Flaherty, the former city attorney under Walsh. O’Flaherty, who joined Ballard Partners days after Walsh was confirmed, has lobbied the Labor Department on behalf of at least eight clients. Virginia Canter, the chief ethics counsel for Citizens for Responsibility and Ethics in Washington, suggested Walsh make his calendar public to show he was not prioritizing lobbyists’ agendas.
Michigan – Michigan SOS Must Release Documents on Deal with Pro-Whitmer Group, Court
Detroit News – Craig Mauger | Published: 10/18/2021
Michigan Secretary of State Jocelyn Benson’s office must release more internal records on how it handled campaign finance violations by a group that backed Gov. Gretchen Whitmer’s election in 2018. Court of Claims Judge Christopher Murray ruled the secretary of state’s office had improperly withheld some documents in response to a public records request by the conservative group Michigan Rising Action. The ruling could shed light on the behind-the-scenes discussions that led to Build a Better Michigan agreeing to a $37,500 settlement.
Michigan – Whitmer’s Campaign Might Have to Return Excess Contributions Soon, Filing Says
Detroit News – Craig Mauger | Published: 10/15/2021
Gov. Gretchen Whitmer’s reelection campaign could have to return or donate $3.4 million in excess contributions it collected outside the state’s normal donor limits as soon as January, according to a new court filing on behalf of Secretary of State Jocelyn Benson. The filing came in response to the Michigan Republican Party’s lawsuit in federal court, challenging the Democratic governor’s use of a decades-old state policy on recalls to garner large contributions, above the normal $7,150 limit on individual donors, to bolster her reelection campaign account.
Missouri – Missouri Governor Accuses Journalist Who Warned State About Cybersecurity Flaw of Criminal ‘Hacking’
MSN – Elahe Izade (Washington Post) | Published: 10/15/2021
Missouri Gov. Mike Parson lashed out at the St. Louis Post-Dispatch after the newspaper informed the state of a data risk that left 100,000 Social Security numbers vulnerable to public disclosure. Parson said the Cole County prosecutor and the Missouri Highway Patrol would investigate the matter. He said the news outlet that uncovered and reported the vulnerability would be held accountable. The governor said the “”ndividual” who alerted the Department of Elementary and Secondary Education was attempting to “embarrass the state and sell headlines for their news outlet.”
Nevada – State Ethics Panel: Bonnie Weber didn’t break law over quarterly meetings with developers
MSN – James DeHaven (Reno Gazette-Journal) | Published: 10/20/2021
Reno City Councilperson Bonnie Weber did not break the law by hosting a series of “summits” with prominent developers. The Nevada Commission on Ethics dismissed a complaint that accused Weber of improperly using public funds to entertain city developers at the Bonanza Casino. The complaint also alleged at least one other city employee joined Weber for the quarterly meeting. Commissioners gave the city three months to come up with rules that “adequately address” situations where city staff are asked to work at closed-door events organized by an elected official.
New York – Top Brass Head for Exits as Chaos Engulfs NYC Consulting Firm
MSN – Sally Goldenberg (Politico) | Published: 10/14/2021
One of New York’s leading lobbying and consulting firms is in disarray, feuding with its corporate owner as top executives head for the exits. Mercury Public Affairs, a global company that has been embroiled in litigation against parent company Omnicom Medias Group in California, is now facing an exodus of key personnel in New York City as they prepare to battle Omnicom’s mandated noncompete requirements for departed staff. At issue in New York is Omnicom’s insistence on restrictive covenants that stipulate departed staffers cannot continue to represent the firm’s clients or work together for at least a year.
New York – Trump Organization, Already Under Indictment, Faces New Criminal Inquiry
New York Times – William Rashbaum and Ben Protess | Published: 10/20/2021
Former President Trump’s business, which is under indictment in Manhattan, is facing a criminal investigation by another prosecutor’s office that has begun to examine financial dealings at a golf course the company owns, according to people with knowledge of the matter. The district attorney’s office in Westchester County, New York, subpoenaed records from the course, Trump National Golf Club Westchester, and the town of Ossining, which sets property taxes on the course. The district attorney appears to be focused, at least in part, on whether the Trump Organization misled local officials about the property’s value to reduce its taxes.
Ohio – Stow Councilwoman Faces Ethics Charge Over Failure to File Financial Statement
MSN – Krista Kano (Akron Beacon Journal) | Published: 10/20/2021
The Ohio Ethics Commission is pursuing legal action against Stow City Councilperson Christina Shaw for failure to file a required financial disclosure statement in 2019. An arraignment is scheduled where Shaw is to be charged with a fourth-degree misdemeanor. Commission spokesperson Susan Willeke said the commission generally grants extensions and “going to court isn’t necessarily the first step.”
Pennsylvania – PA Lawmakers Spend Millions of Tax Dollars on Private Lawyers, but Often Don’t Reveal Why
MSN – Angela Couloumbis (Spotlight PA) and Sam Janesch (The Caucus) | Published: 10/12/2021
The Pennsylvania Legislature spent nearly $10 million during the past two years on private lawyers but routinely shielded the purpose of those expenses, hiding which lawmakers and their staff members required representation and why. A review of thousands of pages of legal invoices and engagement letters from 2019 and 2020 shows the cases ranged from public records fights to attempts to overturn last year’s presidential election. In many instances, Republicans and Democrats in both chambers blacked out the reason for hiring lawyers, flouting case law that requires them to make public those details. Other records were so vague it was impossible to identify the reason for the representation.
Virginia – New Political Ad Strategy in Virginia: Promoting news articles in Google search results
MSN – Karina Ellwood (Washington Post) | Published: 10/18/2021
Google ads purchased by Virginia gubernatorial candidate Terry McAuliffe’s campaign feature links to news and opinion articles about his opponent, Glenn Youngkin. The ads show up at the top of search results for keywords such as “Glenn Youngkin,” and include a disclosure that they are advertisements, as well as an additional tag required for political advertisements indicating they are paid for by the McAuliffe campaign. But the ads include titles written by the campaign, which are subtly different from the original search engine headlines written by the publications and appear in the same format as a headline would appear in a search result.
Washington – Facebook Provided False Testimony in Campaign Transparency Lawsuit, Washington Attorney General Says
Seattle Times – Daniel Gutman | Published: 10/13/2021
Washington Attorney General Bob Ferguson said a Facebook representative provided false testimony in a lawsuit that accuses the company of violating state campaign finance laws. Ferguson says both the company and its attorneys knew the testimony was false. Ferguson sued Facebook last year, alleging it has “repeatedly and openly” violated disclosure laws by selling political ads without providing required details of the spending. The company has argued Washington’s laws are unconstitutional and violate both free speech protections and the Commerce Clause, which gives Congress the power to regulate interstate commerce.
Washington DC – D.C. Housing Authority Board Chair Steps Down Amid Questions Over Conflicts of Interest
MSN – Marissa Lang, Michael Brice-Saddler, and Steve Thompson (Washington Post) | Published: 10/20/2021
Neil Albert, who has for the last four years served as the chair of the District of Columbia Housing Authority’s board of commissioners, resigned amid questions over alleged conflicts-of-interest. Mayor Muriel Bowser has asked the Board of Ethics and Government Accountability to look further into allegations made in recent news reports that Albert did not properly disclose his romantic partnership with the chief executive of an architectural firm that has worked with authority.
Wisconsin – Calls Intensify to End Wisconsin’s Election Review Amid Blunders by Ex-Judge in Charge
MSN – Elise Viebeck (Washington Post) | Published: 10/14/2021
After a series of blatant errors, Michael Gableman, the former judge leading the Republican review of the state’s 2020 presidential election, admitted he does not have “a comprehensive understanding or even any understanding of how elections work.” The latest round of reversals and blunders is intensifying calls to end the probe, one of several recent efforts around the country to revisit Joe Biden’s win in states where former President Trump and his supporters have leveled baseless accusations of voter fraud.
October 15, 2021 •
News You Can Use Digest – October 15, 2021
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National/Federal Activists Try to Keep Up Pressure to Pass Elections and Voting Bills MSN – Kate Ackley (Roll Call) | Published: 10/13/2021 Groups pushing for voting rights and elections legislation in the U.S. Senate are planning a sustained campaign over the […]
National/Federal
Activists Try to Keep Up Pressure to Pass Elections and Voting Bills
MSN – Kate Ackley (Roll Call) | Published: 10/13/2021
Groups pushing for voting rights and elections legislation in the U.S. Senate are planning a sustained campaign over the coming weeks, aiming to put the issue top of mind for Democrats, even as other matters have dominated in the chamber. A broad coalition of liberal organizations will organize regular demonstrations outside the White House, other rallies, and a multimodal relay from West Virginia to the U.S. Capitol. The effort is part of a push to keep the measures high on the agenda as negotiations over a reconciliation package, an infrastructure bill, and raising the nation’s debt limit have taken center stage.
Big Tech Sweeps Up Hill Staffers – Just When Congress Needs Them the Most
MSN – Emily Birnbaum and John Hendel (Politico) | Published: 10/12/2021
Silicon Valley and the telecommunications industry are snatching up some of the top Democratic policy experts on Capitol Hill just as Congress gears up for fights with the companies. The brain drain has seen more than a dozen senior Democratic tech and telecom policy staffers leaving their posts this year, with many taking lobbying roles at powerhouses including Facebook, Verizon, and Apple. They are leaving members’ personal offices as well as the Senate and House committees that oversee agencies like the Federal Trade Commission, along with topics like broadband, online speech, and data privacy.
‘Cannot Wait for Washington:’ How voting rights activists are navigating new restrictions ahead of November elections
WRAL – Fredrika Schouten, Dianne Gallagher, and Wesley Bruer (CNN) | Published: 10/11/2021
In states from Georgia to Montana, activists are scrambling to help voters navigate the new restrictions passed largely in Republican-controlled states after record turnout in 2020 helped elect Joe Biden and flipped control of the U.S. Senate to Democrats. Nineteen states have passed 33 new laws this year to restrict voting. But some of the most extensive changes are clustered in just a handful. Four states – Iowa, Georgia, Florida, and Texas – enacted sweeping revisions of their existing laws, bundled together in single omnibus bills.
Dozens of States Have Tried to End Qualified Immunity. Police Officers and Unions Helped Beat Nearly Every Bill.
MSN – Kimberly Kindy (Washington Post) | Published: 10/7/2021
In the months after George Floyd’s murder, state legislators across the country tried to undo a legal doctrine that makes it virtually impossible to sue police officers for violating a person’s civil rights. But then, in state after state, the bills withered, were withdrawn, or were altered beyond recognition. At least 35 state “qualified-immunity” bills have died in the past 18 months. The efforts failed amid multifaceted lobbying campaigns by police officers and their unions targeting lawmakers.
Giuliani Associates Face Trial in Campaign Finance Scheme
Yahoo News – Tom Hays and Larry Neumeister (Associated Press) | Published: 10/11/2021
Lev Parnas, a Soviet-born businessperson, and a co-defendant, Ukraine-born investor Andrey Kukushkin, are accused of making illegal campaign contributions to American politicians to further their business interests. Igor Fruman, who has pleaded guilty in the case, and Parnas initially caught the attention of investigators after making big donations through a corporate entity to Republican political committees, including a $325,000 donation in 2018 to America First Action, a super PAC supporting Donald Trump. The pair then became middlemen in Rudolph Giuliani’s effort to discredit then-candidate Joe Biden.
‘Scam’ Political Groups Try New Trick – and Rake in Millions
Daily Beast – Roger Sollenberger | Published: 10/11/2021
A network of shady political groups at the center of a new class action lawsuit for bilking donors out of tens of millions of dollars appears to be attempting a legal work-around to continue pulling in the money and evading government scrutiny. The 17 groups in the network bear the tell-tale signs of “scam PACs,” entities which present themselves to donors as nonprofit charities but register as political groups with the government. The loophole allows the groups to operate in a gray zone outside the reach of the different federal agencies that regulate nonprofits and political organizations.
The Imminent Impact of Redistricting: Sharper partisan elbows, less compromise by both sides in the House
MSN – Colby Itkowitz (Washington Post) | Published: 10/9/2021
Redistricting is getting started around the country, but the first maps released suggest a coming decade of even more deeply entrenched partisanship for Congress. Most House lawmakers already represent solidly partisan constituencies. Every two years, party control is determined by the outcome of only a few dozen seats. Next year, Republicans need to flip only a handful of seats to wrest power away from Democrats. Of the country’s 435 congressional districts, Donald Trump or President Biden won just 50 of them by five or less percentage points. Those swing districts could be reduced by at least a third after redistricting, experts estimate.
Trump Hotel Lost $70M Despite Millions in Foreign Business
Yahoo News – Bernard Condon (Associated Press) | Published: 10/8/2021
Despite the Republican-paid political events and bar tabs from lobbyists, foreign dignitaries, and other supporters of Donald Trump, the Trump International Hotel in Washington, D.C. lost an estimated $74 million between 2016 and 2020. The tally came from Trump’s own auditors, showing losses that generally increased through his tenure in the White House. The new account of revenues and losses at the hotel was released as House Democrats push the Biden administration to turn over additional documents to determine if Trump broke federal rules by continuing to operate the hotel through his family while serving as president.
White Tiger and Cheetah Furs: A mess of Trump gift exchanges
MSN – Michael Schmidt (New York Times) | Published: 10/11/2021
Gift exchanges between the U.S. and foreign leaders, a highly regulated process intended to shield administrations from questions of impropriety, devolved into sometimes absurd shambles during the Trump administration. Former President Trump’s handling of foreign gifts is not at the top of his critics’ list of his offenses, and there is no evidence he or Melania Trump took any gifts to which they were not entitled. But ethics experts said the problems reflected larger issues with the Trump presidency.
From the States and Municipalities
Alaska – Alaska Campaign Regulator Confirms $38,500 Fine Against Bronson Campaign
Anchorage Daily News – James Brooks | Published: 10/11/2021
The Alaska Public Offices Commission (APOC) confirmed a $38,500 fine against Anchorage Mayor Dave Bronson’s election campaign for filing inaccurate campaign expenditure reports during a runoff election. According to APOC’s final order, the fine could have been higher, but commissioners declined to fine Bronson for failing to promptly return donations that were larger than the maximum allowed by law. That is because a three-judge panel on the U.S. Ninth Circuit Court of Appeals ruled many of the state’s maximum donation limits were unconstitutional.
Arizona – Lawmaker Takes Aim at Corp Comm Policy on Campaign Contributions by Utilities
Arizona Mirror – Jeremy Duda | Published: 10/11/2021
Attorneys for the Arizona Legislature believe a Corporation Commission policy intended to restrict campaign contributions by regulated utilities violates the state constitution, and the lawmaker who requested that opinion is hoping it will persuade the commission to change course for next year’s election. Commissioners cannot knowingly take contributions from regulated public service corporations, their lobbyists, employees, or officers, nor can they accept money from any intervenor in a case that is before the commission. The commission’s intention in passing the rule was to require commissioners to recuse themselves if they have taken money from people involved in cases they are hearing.
California – Former Officials Nuñez, Boxer and Villaraigosa Lead Exodus from Powerful Lobbying Firm
MSN – Seema Mehta and Melanie Mason (Los Angeles Times) | Published: 10/6/2021
Former prominent elected officials Fabian Nuñez, Barbara Boxer, and Antonio Villaraigosa led the mass resignations from one of California’s most powerful lobbying firms, Mercury Public Affairs. The departures are largely prompted by financial disputes. Nuñez filed a lawsuit that alleges Mercury’s parent company failed to live up to an agreement that would allow the group to grow its business around the world. Nuñez excoriates the company’s handling of a foreign nonprofit tied to former Trump campaign manager Paul Manafort that exposed Mercury to liability and public denouncement.
California – Gavin Newsom Signs Law Giving Journalists Unrestricted Access to Protests Closed by Police
MSN – Andrew Sheeler (Sacramento Bee) | Published: 10/9/2021
Police must allow journalists access to closed-off demonstrations and protests under a new law signed by California Gov. Gavin Newsom. The law requires that journalists be given unfettered access to closed-off protests, and prohibits law enforcement officers from assaulting, interfering, or obstructing journalists from covering such events. Sen. Mike McGuire argued while California law permitted journalists access to closed areas during emergencies and natural disasters, those protections did not extend to covering demonstrations, marches, protests, and rallies.
California – L.A. Councilman Mark Ridley-Thomas and Ex-USC Dean Indicted on Bribery Charges
MSN – Michael Finnegan, Matt Hamilton, and Harriet Ryan (Los Angeles Times) | Published: 10/13/2021
Los Angeles City Councilperson Mark Ridley-Thomas was indicted on federal charges for his role in an alleged bribery scheme that landed his son a professorship at the University of Southern California (USC). Prosecutors allege Ridley-Thomas helped direct funding and contracts to USC’s School of Social work while serving on the Los Angeles County Board of Supervisors. In exchange, his son, a former state lawmaker, was guaranteed graduate school admission and a paid teaching position by the school’s then-dean, Marilyn Louise Flynn.
Colorado – Colorado Secretary of State to Pursue Redistricting Lobbying Complaint Against GOP in Court
Denver Gazette – Evan Wyloge | Published: 10/13/2021
An effort to influence Colorado’s new independent redistricting process will end up being scrutinized by an administrative law judge after Secretary of State Jena Griswold announced her office intends to pursue claims of lobbying disclosure violations. Griswold said her office found reason to believe two Republican operatives working for a group called Colorado Neighborhood Coalition, former Colorado House Speaker Frank McNulty and former state lawmaker Greg Brophy, failed to properly register as redistricting lobbyists.
Delaware – Delaware State Auditor Kathy McGuiness Indicted on Two Felony Charges
MSN – Xerxes Wilson and Sarah Gamard (Delaware News Journal) | Published: 10/11/2021
Delaware Auditor Kathy McGuiness was indicted on criminal charges that she hired and supervised her daughter in a do-nothing state job, circumvented state contracting laws to divert taxpayer money to a political campaign group, and spied on and discriminated against employees who questioned her conduct. McGuiness faces two felony charges and several misdemeanors in the indictment, which appears to make her the first statewide elected official to be indicted on felony charges while holding office.
Georgia – Judge Dismisses Fulton County Ballot Review Case in Georgia
MSN – Kate Brumback (Associated Press) | Published: 10/12/2021
A judge dismissed a lawsuit alleging there were fraudulent ballots and improper ballot counting in Fulton County, Georgia’s most populous county, during the 2020 election. The suit sought a review of some 147,000 absentee ballots to see if any were illegitimate. Henry County Superior Court Chief Judge Brian Amero’s order dismissing the case says the voters who brought the lawsuit “failed to allege a particularized injury” and therefore lacked the standing to claim their state constitutional rights to equal protection and due process had been violated.
Georgia – Senate Candidate Herschel Walker Cancels Fundraiser After Uproar Over Donor’s Use of Vaccine-Needle Swastika in Profile
MSN – Mariana Alfaro (Washington Post) | Published: 10/12/2021
A fundraiser for Herschel Walker, a U.S. Senate candidate in Georgia, was canceled after its host was criticized for featuring an image that used a swastika made out of syringes on her Twitter profile. Bettina Sofia Viviano-Langlais, a Republican donor, was set to host a fundraiser for Walker in Texas. That specific rendering of the vaccine-needle swastika has been co-opted by activists nationwide who oppose coronavirus vaccine mandates and compare them to Nazi treatment of the Jews.
Illinois – Ex-CEO Pleads Guilty to Bribery Tied to Dorothy Brown’s Women’s History Month Program
Chicago Sun-Times – Jon Sedel | Published: 10/12/2021
The former chief executive officer of a Pennsylvania debt-collection company admitted making payments to support former Cook County Circuit Court Clerk Dorothy Brown’s Women’s History Month program to reward her for business he thought she steered his way. Donald Donagher Jr. pleaded guilty in federal court to one bribery count alleging he paid $869 in March 2014 to a company that provided plaques for the program. He also admitted he had $1,000 paid to a company that catered the event.
Indiana – Ex-Indiana Mayor Gets 21 Months in Prison for Seeking Bribe
MSN – Associated Press | Published: 10/13/2021
A former northwestern Indiana mayor who was convicted of taking a $13,000 bribe from a trucking company and illegal tax evasion was sentenced to 21 months in prison. A jury found former Portage Mayor James Snyder sought the bribe in return for steering about $1.1 million in city contracts to the company.
Indiana – ‘Room for Mischief’: Inside the secretive process to fill vacant seats without elections
MSN – Amelia Pak-Harvey and Kaitlin Lange (Indianapolis Star) | Published: 10/7/2021
U.S. Rep. Victoria Spartz got her start in politics working behind the scenes for the local county Republican Party. She used those connections to win her first office when a group of party insiders, not voters, selected her for an Indiana Senate seat over the more politically established candidates. At the time, Spartz had no experience or name recognition as an elected official, which would have made winning an election decided by voters more difficult. The 93 people responsible for Spartz’s critical journey to the statehouse were not every-day Hamilton County voters. They were a little-known facet of Indiana’s political system: precinct committee people, referred to in party lingo as “PCs.” And the public has no clue who most of them were.
Iowa – Democrats Edge Toward Dumping Iowa’s Caucuses as the First Presidential Vote
Portland Press Herald – Michael Scherer (Washington Post) | Published: 10/9/2021
Democrats’ disdain for Iowa’s first-in-the-nation presidential caucus has been rising for years. Now the day of reckoning for Iowa Democrats is fast approaching, as the national party starts to create a new calendar for the 2024 presidential nomination that could remove Iowa from its privileged position for the first time since 1972, when candidates started flocking to the state for an early jump on the race to the White House. The caucus has been damaged by high barriers to participation, a dearth of racial diversity, the rightward drift in the state’s electorate, and a leftward drift in the Democratic participants.
Iowa – Iowa Auditor Sued for Refusing to Release Emails About Rejected Accusation Against Gov. Kim Reynolds
MSN – Daniel Lathrop (Des Moines Register) | Published: 10/11/2021
Iowa’s Democratic state auditor is facing a lawsuit related to a controversial report he issued accusing Republican Gov. Kim Reynolds of violating ethics laws, claims a state ethics panel rejected. The Kirkwood Institute, a conservative public interest law firm, claims Rob Sand is violating the state’s open records law by withholding communications with an Associated Press reporter and a liberal blogger relating to the report. Kirkwood Institute President Alan Ostergren requested the records to determine whether Sand was using state resources for “private political gain” when his office alleged Reynolds had violated state ethics laws by appearing in state-funded ads promoting COVID-19 mitigation efforts.
Michigan – Detroit Council Approves Reforms to City’s Controversial Towing System
Detroit News – James David Dickson and George Hunter | Published: 10/12/2021
The Detroit City Council unanimously approved a series of changes in a bid to boost transparency and accountability in the city’s towing system. The vote came after years of controversy surrounding the city’s municipal towing operations and amid a federal probe that has entangled three council members this year and previously has resulted in criminal convictions of police officers who took bribes from towers. The action is one of multiple initiatives to revamp Detroit’s towing procedures.
New Jersey – Judge Was Wrong to Throw Out Bribery Case in Infamous Corruption Sting, Prosecutors Say
MSN – Ted Sherman (NJ Advance Media) | Published: 10/7/2021
A Superior Court judge was wrong when she threw out a bribery case against a former Bayonne mayoral candidate in what had been one of New Jersey’s biggest corruption operations in years, prosecutors said. The state attorney general’s office is seeking to reverse the dismissal of a criminal indictment against Jason O’Donnell. He had been charged with taking cash in exchange for promises of tax and real estate work if he won his election. The judge concluded O’Donnell committed no crime under the state’s corruption statutes, finding he had no influence to offer because he was not a public official when he was ensnared in the sting.
New Mexico – Annual Review of Campaign Finances Resumes in New Mexico
MSN – Morgan Lee (Associated Press) | Published: 10/9/2021
After a four-year hiatus, state election regulators have resumed spot-checks on campaign finance disclosures by politicians, candidates, and political committees, with 10 accounts referred to New Mexico’s fledgling State Ethics Commission and state prosecutors for possible enforcement action. The random sampling of campaign finance disclosures from the 2020 general election cycle taps into a newly deployed electronic campaign finance reporting system at the secretary of state’s office that reconciles an intricate web of campaign contributions, transfers, and expenditures.
New Mexico – New Mexico Governor Settles Harassment Claim for $150K
MSN – Associated Press | Published: 10/11/2021
The final price tag for a settlement reached by New Mexico Gov. Michelle Lujan Grisham and a former campaign spokesperson to settle accusations of harassment is now $150,000. The latest payments were disclosed in a mandatory campaign finance report filed by the governor’s campaign. The staffer, James Hallinan, accused Lujan Grisham of dropping water in his lap and then grabbing his crotch in the midst of a campaign staff meeting, accusations the governor denies.
New York – Cuomo Book Approval Faces New Challenge
Albany Times Union – Chris Bragg | Published: 10/12/2021
When the Joint Commission on Public Ethics (JCOPE) holds its next meeting, a commissioner is planning to again try and have the agency’s approval of former New York Gov. Andrew Cuomo’s book deal rescinded. After failing by one vote at a September meeting, Commissioner Gary Lavine is planning a different tact: a motion arguing JCOPE staff never had the authority to issue the approval. In 2012, JCOPE passed a resolution allowing the executive director of the staff to take certain actions between monthly commissioner meetings. JCOPE staff argues this 2012 resolution granted it authority to approve Cuomo’s book deal in July 2020.
New York – Hochul Scraps Cuomo’s ‘Defense’ Program Critics Say Helped Suppress Negative Information
Albany Times Union – Chris Bragg | Published: 10/12/2021
New York Gov. Kathy Hochul is ending a program begun under her predecessor, Andrew Cuomo, which had helped suppress negative information about Cuomo and his administration. When announced in 2015, the state’s first-ever “ethics, risk, and compliance” initiative was framed as bringing a private-sector risk management model to state agencies and public authorities. But for Cuomo’s office, the job also meant managing negative information that might come to light, a practice that exploded into public view during the controversy over Cuomo’s alleged suppression of nursing home death data.
New York – Mayor de Blasio’s $1 Million Bill: He owes lawyers, lobbyists and taxpayers
The City – Greg Smith | Published: 10/12/2021
As he hints at running for governor, New York City Mayor Bill de Blasio has racked up nearly $1 million in debts to lawyers, campaign consultants, and taxpayers that records indicate he currently cannot pay. The mayor owes one of the city’s biggest lobbyist law firms upwards of $435,000. The Department of Investigation informed de Blasio he must reimburse taxpayers nearly $320,000 for his use of a securing detail during his failed presidential campaign. The latest filings for his various campaign and PACs reveal he has got more than $182,500 in outstanding campaign debts and only about $11,800 cash on hand.
New York – New York City’s Top Corruption Watchdog Leaving for Federal Role
New York Times – Benjamin Weiser and William Rashbaum | Published: 10/13/2021
Margaret Garnett, the commissioner of the New York City agency that roots out corruption in local government, will leave her post and become the second-ranking official in the U.S. attorney’s office for the Southern District of New York. Garnett has been the city’s investigation commissioner since 2018. In perhaps her final report as commissioner, her office, the Department of Investigation, criticized Mayor Bill de Blasio’s use of his security detail for political and personal reasons, including for trips taken during his presidential campaign.
Ohio – Cincinnati City Manager Endorses Idea for ‘Ethics and Good Government’ Officer
WVXU – Becca Costello | Published: 10/11/2021
A director of ethics and good government could take on responsibility for implementing anti-corruption reform in Cincinnati. Creating that new position is a key part of City Manager Paula Boggs Muething’s reform recommendations. The officer would be responsible for implementing anti-corruption reform approved by the city council based on recommendations of the Economic Development Reform Panel, which was formed in response to three council member arrests on federal corruption charges last year.
Ohio – Former Cleveland Councilman Kenneth Johnson Sentenced to Six Years in Prison, Ordered to Pay More than $740,000 in Restitution
Cleveland Plain Dealer – John Caniglia | Published: 10/8/2021
Former Cleveland City Council member Kenneth Johnson was sentenced to six years in prison for stealing from the city and federal government. U.S. District Court Judge John Adams ordered Johnson, a 40-year member of council, to pay a portion of more than $740,000 in restitution for a series of schemes he ran from City Hall. A jury convicted him of public corruption charges in July. He was accused of siphoning tens of thousands of dollars from the council, underpaying his taxes, and steering government money to keep his adopted sons on the payroll of a community development corporation that he helped fund.
Ohio – Law-Firm Lobbyists Tell Federal Judge Details of Their Big Role in Passing Scandal-Tainted House Bill 6 Nuclear Bailout
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 10/13/2021
National law firm Akin Gump Strauss Hauer & Feld played a significant role in the passage of House Bill 6 in Ohio by organizing lobbying efforts, setting up large political donations, and helping to write the scandal-ridden energy law. Four members of the Washington D.C. firm submitted the documents at the demand of a bankruptcy judge, who is holding up the final $1.2 million of about $68 million in fees and expenses Akin Gump charged to FirstEnergy Solutions until the law firm’s House Bill 6 lobbying team answered questions about their involvement with the passage of the law and other activities surrounding a $60 million bribery scandal.
Ohio – Ohio Elections Commission Rules in Favor of Rep. Wiggam, Others in Finance Complaint
MSN – Bryce Buyakie (Daily Record) | Published: 10/7/2021
The Ohio Election Commission found the American Legislative Exchange Council did not violate campaign finance law when it provided software worth $3,000 to three state lawmakers during their 2020 campaigns. A complaint alleged the lawmakers did not report the gifted software as in-kind contributions. “Because they didn’t accept and use the software and it was only provided to them, it is not an in-kind contribution,” said Executive Director Philip Richter. The only dissenting voice acknowledged the commission does not know if Rep. Scott Wiggam activated the software. If activated and used, Richter said it could be a violation of Ohio law.
Pennsylvania – Amid FBI Scrutiny, Top PSERS Pension Officials Update Financial Disclosures
MSN – Craig McCoy and John DiStefano (Philadelphia Inquirer) | Published: 10/11/2021
Amid an FBI investigation into real estate held by the Pennsylvania School Employees’ Retirement System (PSERS), the agency’s investment chief and his top staff have updated their financial disclosures to include their roles on the boards of agency-affiliated companies that own PSERS buildings in Harrisburg and elsewhere. PSERS has acknowledged agency official James Grossman and others on his staff were on a disclosure form filed with the IRS not only as board members for the affiliated companies but as paid staff. This seemed to put them in dual and conflicting roles as top employees of both PSERS and firms that did business with the pension fund.
Pennsylvania – Pa. Lawmakers Hand Out Millions in Public Contracts to Law Firms That Fill Their Campaign Coffers
WHYY – Sam Janesch (The Caucus) and Angela Couloumbis (Spotlight PA) | Published: 10/13/2021
Law firms and attorneys who have worked for the Pennsylvania House and Senate have donated at least $5.5 million to 18 campaign committees controlled by Democratic and Republican legislative leaders during the last decade. In all, they gave at least $24 million to local and state-level campaigns across Pennsylvania during that time in a state that allows unlimited contributions with few disclosure rules. Legislators in turn hire firms for all types of legal matters. Good-government advocates warn such a mutually beneficial system, while legal, can foster a “pay-to-play” culture in which contracts are awarded to political allies.
Pennsylvania – Pa. Republicans Unveil Lobbying Reform Package to Address ‘Most Pressing Loopholes’ in Law
Pennsylvania Capital-Journal – Marley Parish | Published: 10/13/2021
Nine months after the top Republican in the Pennsylvania Senate vowed to make transparency a major priority in the Legislature, lawmakers are inching toward some lobbying reform. Four Republicans in the upper chamber introduced a package of bills that would impose new requirements for lobbyists and political consultants to avoid conflicts-of-interest and define the relationship between lawmakers and those who try to influence them. Critics called the reform proposals a baby step.
Rhode Island – Vote Postponed on Proposal to Shield ‘Maybe’ Candidates from Having to Report Finances
MSN – Katherine Gregg (Providence Journal) | Published: 10/12/2021
Faced with a wall of opposition, state election officials postponed a vote until at least December on letting potential candidates for state and local office “test the waters” without revealing how much they raise or spend. The Rhode Island Board of Elections decided to hold off after a flurry of opposition from state Republican Party Chairperson Sue Cienki, Common Cause, two of the already announced Democratic candidates for governor, and an army of legislators.
Virginia – Document Details Hefty Payments from Dominion Energy to Media Influencers and Lobbyists
Richmond Times-Dispatch – Patrick Wilson | Published: 10/8/2021
A document in the ongoing review of Dominion Energy’s finances reveals hefty dollar amounts from the electric monopoly to media influencers and lobbyists. Recipients include a columnist who wrote editorials about Dominion for a large state newspaper, former lawmakers who lobby the current ones, and the most renowned political commentator in Virginia. Dominion Energy is known to employ many lobbyists and political consultants, helping it achieve legislative success, but the document provides new details about who the company uses and how much it spends on consulting.
Virginia – Lobbyists in Virginia Don’t Have to Report How Much They Actually Earn
Richmond Times-Dispatch – Patrick Wilson | Published: 10/13/2021
Virginia lawmakers require companies or entities that hire lobbyists to report who the lobbyists are and how much they are paid. Because there are several ways to calculate the payment amounts, the public disclosures generally are far below the actual dollar amounts the lobbyists earn. Critics say the public has no way of knowing exactly how much money lobbyists are paid to lobby their elected representatives.
October 8, 2021 •
News You Can Use Digest – October 8, 2021
![News You Can Use Digest – October 8, 2021](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal Court Orders FEC to Rule on Complaints Against NRA’s Alleged Campaign Coordination Scheme MSN – Soo Rin Kim (ABC News) | Published: 10/1/2021 A federal court ordered the FEC to rule on pending complaints that allege the National Rifle Association […]
National/Federal
Court Orders FEC to Rule on Complaints Against NRA’s Alleged Campaign Coordination Scheme
MSN – Soo Rin Kim (ABC News) | Published: 10/1/2021
A federal court ordered the FEC to rule on pending complaints that allege the National Rifle Association (NRA) used shell entities to illegally coordinate campaign spending with federal candidates, including with the 2016 presidential campaign of Donald Trump. In a 2019 lawsuit, the plaintiffs alleged the NRA used a “network of shell corporations” to circumvent contribution limits and coordinate approximately $35 million in ad spending with the campaigns of at least seven Republican candidates over the last three election cycles.
False Election Claims Undermine Efforts to Increase Security
MSN – Maggie Miller (The Hill) | Published: 10/2/2021
Officials say the biggest threat facing U.S. elections is not Russian hacking or domestic voter fraud but disinformation and misinformation increasingly undermining the public’s perception of voting security. Since the 2016 vote, Congress has allocated millions of dollars to states to shore up cybersecurity and replace outdated, vulnerable voting machines, but even as improvements are made, faith in the system is being eroded.
Fed Says Trading Activity by Top Officials Under Independent Review
MSN – Rachel Siegel (Washington Post) | Published: 10/4/2021
The Federal Reserve released a rare public statement revealing an independent review by the Office of Inspector General for the Federal Reserve Board, over whether trading activity by top Fed officials “was in compliance with both the relevant ethics rules and the law.” Leaders had previously announced the Fed’s own internal ethics review of financial trading rules for top officials, and Fed Chairperson Jerome Powell said there would be changes to existing guidance. But the latest statement reflected a more concerted focus on the legality of the trades themselves.
Group Files Complaint with California Bar Association Against John Eastman, Lawyer Who Advised Trump on Election Challenges
MSN – Tom Hamburger and Jacqueline Alemany (Washington Post) | Published: 10/4/2021
A bipartisan group of former officials and legal heavyweights, including two former federal judges, asked the California bar association to investigate the conduct of John Eastman, the adviser to then-President Trump who mapped out a legal strategy to overturn the 2020 election results. The complaint cites Eastman’s work in election challenges rejected by the U.S. Supreme Court and his speech at a January 6 rally in Washington before a pro-Trump mob stormed the Capitol. But the memo centers on Eastman’s alleged role in pressing Vice President Pence not to count electoral votes and certify President Biden as the winner.
Journalists Sue U.S. Broadcasting Arm for Wrongful Dismissal Under Trump
Yahoo News – Daniel Lippman (Politico) | Published: 10/4/2021
Seven foreign journalists working for the U.S. Agency for Global Media (USAGM) who were fired by the Trump administration have sued the agency for breach of contract and wrongful termination. The journalists argue their careers and livelihoods have been significantly hurt by being fired and are seeking back pay. The complaints note Michael Pack, a conservative filmmaker who was installed as chief executive of USAGM in June 2020, expressed his distrust of foreign journalists working for the various broadcast entities under the USAGM umbrella and refused to renew more than 30 of their visas, causing them to lose their jobs.
Koch-Backed Group Fuels Opposition to School Mask Mandates, Leaked Letter Shows
Seattle Times – Isaac Stanley-Becker (Washington Post) | Published: 10/1/2021
A letter made available to paying members of the Independent Women’s Forum that shows how people should protest mask mandates in schools was made possible through the largesse of Republican megadonors. The document offers a glimpse into the inner workings of a well-financed conservative campaign to undermine regulations that health authorities say are necessary to contain the coronavirus. As a nonprofit, Independent Women’s Forum is exempt from disclosing its donors and paying federal income taxes.
Lawmakers Seek Details on Accounting Firms After a New York Times Report
New York Times – Jesse Drucker | Published: 10/5/2021
Two Democratic lawmakers are seeking information from the country’s biggest accounting firms about the
“revolving door” between the firm’s tax departments and top positions at the Treasury Department. U.S. Sen. Elizabeth Warren and U.S. Rep. Pramila Jayapal made the request after The New York Times detailed how multinational accounting firms effectively draft tax rules from inside the government that benefit their clients. The Times found at least 35 examples in which employees of big accounting firms left to join the Treasury’s tax policy office or other government positions and then returned to the same firm.
Once a Hero, Oregon Congressional Candidate Funds Questioned
ABC News – Brian Slodysko (Associated Press) | Published: 10/3/2021
Alek Skarlatos, a hero soldier-turned-Republican congressional candidate, started a nonprofit shortly after his 2020 defeat in an Oregon race, pledging to advocate for veterans “left high and dry” by the country “they put their lives on the line for.” The group, which Skarlatos seeded with $93,000 in leftover campaign funds, has done little since then to advance that cause. What it has nurtured, though, are Skarlatos’ political ambitions, providing $65,000 to his 2022 bid for a rematch with U.S. Rep. Peter DeFazio. It is a seat that Republicans are targeting in their quest to win back the House.
Report Cites New Details of Trump Pressure on Justice Dept. Over Election
Yahoo News – Katie Benner (New York Times) | Published: 10/7/2021
An interim report by the U.S. Senate Judiciary Committee provides new details about Donald Trump’s efforts to pressure the Justice Department to do his bidding in the chaotic final weeks of his presidency. The report draws on documents, emails, and testimony from three top Justice Department officials. It provides the most complete account yet of Trump’s efforts to push the department to validate election fraud claims that had been disproved by the FBI and state investigators.
Sen. Grassley Congratulates Korean American Judge on Her Work Ethic. Some Asian Americans Say It Echoes Divisive Stereotypes.
MSN – Eugene Scott (Washington Post) | Published: 10/6/2021
U.S. Sen. Charles Grassley, the top Republican on the Senate Judiciary Committee, congratulated a Korean American judicial nominee for the “hard work ethic” of “you and your people,” invoking a stereotype about Asian Americans. The senator, who is seeking reelection to another six-year term, praised Lucy Koh, a judge nominated by President Biden to the federal appeals court, during her confirmation hearing. U.S. Rep. Judy Chu, chair of the Congressional Asian Pacific American Caucus, said even if Grassley’s motives were well-intentioned, they came from a place of prejudicial views.
Special Report – How AT&T Helped Build Far-Right One America News
MSN – John Shiffman (Reuters) | Published: 10/6/2021
A review of court records shows the role AT&T played in creating and funding One America News (OAN), a far-right network that continues to spread conspiracy theories about the 2020 election and the COVID-19 pandemic. OAN founder and chief executive Robert Herring Sr has testified the inspiration to launch OAN in 2013 came from AT&T executives. Since then, AT&T has been a crucial source of funds flowing into OAN, providing tens of millions of dollars in revenue. Ninety percent of OAN’s revenue came from a contract with AT&T-owned television platforms, including satellite broadcaster DirecTV.
U.S. Navy Hit by Another International Bribery Scandal
MSN – Craig Whitlock (Washington Post) | Published: 10/3/2021
U.S. Navy corruption case that has echoes of the “Fat Leonard” scandal with a defense contractor facing accusations he delivered cash bribes and bilked the Navy out of at least $50 million to service its ships in foreign ports. The Justice Department is trying to extradite the contractor – Frank Rafaraci, chief executive of Multinational Logistics Services (MLS) – from Malta. In one instance, when the aircraft carrier USS Carl Vinson visited Bahrain in January 2015, MLS billed the Navy for more than $231,000 in “port authority fees,” even though the port authority charged only $12,686.
Why Democrats See 3 Governor’s Races as a Sea Wall for Fair Elections
New York Times – Reid Epstein and Nick Corasaniti | Published: 10/6/2021
In three critical battleground states, Democratic governors have blocked efforts by Republican-controlled Legislatures to restrict voting rights and undermine the 2020 election. Now, the 2022 races for governor in Michigan, Wisconsin, and Pennsylvania – states that have long been vital to Democratic presidential victories – are taking on major new significance. At stake are how easy it is to vote, who controls the electoral system and, some Democrats worry, whether the results of federal, state, and local elections will be accepted no matter which party wins.
From the States and Municipalities
California – S.F. Ethics Commission Finds ‘Problematic’ Gifting at City Departments
MSN – Lauren Hernández (San Francisco Chronicle) | Published: 10/1/2021
Several departments in San Francisco have accepted gifts from restricted organizations – groups with which the city does business – and distributed those gifts to city employees, actions that undermine rules regarding gifts, according to a new report by the city Ethics Commission. The report released details “problematic” conduct related to gifts, including the awarding of tickets to events such as concerts, and the receipt of benefits and funds to pay for private parties, dinners, and other celebrations.
Florida – DeSantis Says He’s Running. Where Are the Documents?
MSN – Mary Ellen Klas (Miami Herald) | Published: 9/30/2021
Gov. Ron DeSantis announced he is running for re-election, but he has filed no campaign documents, released no financial disclosures, reported no campaign expenditures, nor established a campaign treasurer – all required for candidates for statewide office in Florida. The governor’s political committee had raised more than $50 million this election cycle. “We allow potential candidates to have political committees where they can raise unlimited amounts of money … then when they become an official candidate, we put limits on what they can raise and direct into the campaign account,” said Integrity Florida President Ben Wilcox.
Florida – Judge Revives Lawsuit Against Secretive Group That Paid for Ads in High-Stakes Senate Race
Orlando Sentinel – Jason Garcia and Annie Martin | Published: 10/6/2021
A lawmaker will get a second chance to force a secretive political group to reveal the donors who helped fund advertisements in a key Florida Senate race last year, after the media identified the possible leader of the group as Stephen Jones. A judge gave an extra 60 days for state Sen. Annette Taddeo to serve a lawsuit she filed against Floridians for Equality and Justice, which sent mailers last year attacking Democrat Patricia Sigman without disclosing its donors. Taddeo’s attorneys argued Jones “took steps to secret his true address in forming the political committee for the purpose of potentially avoiding responsibility for illegal acts.”
Georgia – Giving Limit Rises to $7,600 for Georgia Political Donors
MSN – Associated Press | Published: 9/30/2021
Candidates for statewide offices in Georgia can now accept more from each donor. Individuals, corporations, political committees, and political party can give each candidate up to $7,600 for each primary and general election and $4,500 for each runoff. That is up from $7,000 for primary and general elections and $4,100 for runoffs.
Georgia – Protection Against Violent Threats Could Be Legitimate Georgia Campaign Expense
Georgia Recorder – Jill Nolan | Published: 10/1/2021
The recent spate of violent threats against elected officials has the Georgia ethics commission rethinking its position on whether home security systems should qualify as a legitimate campaign-related expense. Seven years ago, the commission ruled candidates and officeholders could not use campaign funds to help secure their homes. But after a tumultuous last year, the current commissioners are on the verge of reversing course. The request comes from the Democratic Party of Georgia, but the escalation in threats toward public officials is a problem for both parties.
Idaho – In Idaho, a Power Play While the Governor’s Away
MSN – Associated Press | Published: 10/5/2021
Idaho Gov. Brad Little said he will rescind an executive order involving Covid-19 vaccines by Lt. Gov. Janice McGeachin, and the commanding general of the Idaho National Guard also told McGeachin she cannot activate troops to send to the U.S.-Mexico border. Little was in Texas meeting with nine other Republican governors over concerns on how President Biden is handling border issues. McGeachin, a far-right Republican, is running for governor. In Idaho, the governor and lieutenant governor do not run on the same ticket.
Illinois – Former City Club President in Texts to Mayor Lori Lightfoot: ‘ComEd duped me’ in bribery probe tied to Madigan
MSN – Gregory Pratt, Jason Meisner, and Ray Long (Chicago Tribune) | Published: 9/30/2021
Jay Doherty, former head of the City Club of Chicago who is under indictment, texted Mayor Lori Lightfoot that he had been misled by Commonwealth Edison (ComEd) and the utility’s alleged bribery of then-House Speaker Michael Madigan. The messages show Doherty tried to downplay his role in the probe to the mayor even after federal agents raided the City Club’s offices. The texts also show Lightfoot helped Doherty with a booking even after he was first publicly connected to the probe. Doherty was indicted in an alleged scheme to funnel money and jobs to Madigan loyalists in exchange for the speaker’s help with legislation ComEd wanted.
Indiana – Indiana Casino Exec and Former Republican Lawmaker Faces New Tax Fraud Charges
MSN – Johnny Magdaleno (Indianapolis Star) | Published: 10/1/2021
A federal grand jury imposed additional charges on an Indiana casino executive with for his alleged role in as scheme to funnel casino cash into an ex-state senator’s failed campaign for Congress. John Keeler was already facing four federal charges for allegedly working with out-of-state political consultants to recruit straw donors. Those straw donors were reimbursed with funds from Keeler’s casino company, according to federal prosecutors. Now the Justice Department says Keeler tried to use those contributions to lower his company’s taxable income.
Kentucky – Most KY State Workers Who Gamed the System to Collect Jobless Benefits Were Not Fired
Lexington Herald-Leader – John Cheves | Published: 10/6/2021
Of at least 19 state workers in Kentucky who participated in a scheme to improperly collect state and federal unemployment benefits during the spring of 2020, none were prosecuted while one was fired and eight were briefly suspended and then returned to their jobs. Gov. Andy Beshear had said the workers would be punished for their roles in a scheme to claim $54,232 in jobless benefits while still holding full-time state jobs. Some lied about lost part-time jobs to seem eligible; some used their official access to the state jobless benefits system to facilitate claims for themselves, colleagues, and friends.
Maine – Maine Ethics Commission Orders Investigation into Conservative Group’s Software System
Government Technology – Scott Thistle (Portland Press Herald) | Published: 9/30/2021
The Maine ethics commission voted to investigate whether the American Legislative Exchange Council (ALEC) is illegally trying to influence elections by providing a software package to lawmakers. But the Commission on Governmental Ethics and Election Practices also voted to dismiss a complaint that two Republican state lawmakers violated campaign finance laws after it was determined they never used ALEC’s software for campaign purposes.
Maryland – Baltimore County Issues Final Recommendations for Fair Public Election System in New Report
MSN – Emily Goodnight (Baltimore Sun) | Published: 10/5/2021
The Baltimore County Fair Election Fund Work Group released its final report to help create the county’s first public campaign financing system. The group has spent the past six months developing a comprehensive set of recommendations, detailing how the county’s public campaign fund will work, including how candidates can qualify for public funding, the limits and thresholds related to matching fund limits, and how much funding campaigns can receive from the program.
Maryland – Former Hogan Chief of Staff Indicted on Charges of Secretly Recording Governor on Phone Calls, Embezzling Funds
MSN – Pamela Wood (Baltimore Sun) | Published: 10/5/2021
Maryland Gov. Larry Hogan’s former chief of staff was indicted on charges he defrauded a state agency he led by inducing it to pay him nearly $280,000 in mostly severance pay before he moved to his post in the governor’s office. Roy McGrath also used funds from the Maryland Environmental Service to pay a personal pledge to a museum and got the agency to pay tuition expenses for a class after he left his job as executive director, according to the indictment. He also recorded conversations with senior state officials without their consent and faces state charges.
Michigan – Gov. Whitmer Vetoes 4 Election Bills at NAACP Dinner, Says They Perpetuated ‘Big Lie’
MSN – Clara Hendrickson (Detroit Free Press) | Published: 10/4/2021
Michigan Gov. Gretchen Whitmer vetoed four election bills, the first of dozens expected to land on her desk following the contentious 2020 presidential election and the flurry of legislative activity it has prompted to overhaul voting laws across the country. The measures would have codified current election practices, required election challengers to undergo training, and expanded the types of places that could serve as polling locations.
Michigan – Taylor Mayor Pocketed Campaign Cash, Lottery Tickets in Bribery Scandal, Feds Say
Detroit Free Press – Robert Snell | Published: 10/5/2021
Federal prosecutors leveled new allegations against Taylor Mayor Rick Sollars, accusing him of cashing campaign checks at a party store in exchange for cash and scratch-off lottery tickets while corrupting a city foreclosed property program. The allegations were contained in a new criminal case against an alleged co-conspirator as prosecutors signaled at least two people are expected to plead guilty in connection with the case. Sollars was indicted in December 2019 on federal bribery and wire fraud charges and accused of helping a man obtain city-owned properties in exchange for free work on his home and vacation chalet.
Mississippi – Mississippi Aid Program Gave Little Help to Renters, but Millions to a Top Law Firm
MSN – Jonathan O’Connell and Yeganeh Torbati (Washington Post) | Published: 10/1/2021
More than seven months after Congress created the Emergency Rental Assistance Program, Mississippi had spent only 11 percent of $186.7 million in first-round funding, compared with a national average of 32 percent. Mississippians are clamoring for the funds: 9,000 people applied to the program in August. But tenants and advocates say it can take more than a month to get a response from the program, which is administered in part by Balch & Bingham, a politically connected law firm. Hired through a no-bid $3.8 million contract, the firm plays a key role in reviewing and scrutinizing aid applications, a process critics say leads to enormous delays.
Missouri – Missouri Ethics Commission: Columbia Mayor Must Terminate Campaign Committee
Columbia Missourian – Stephanie Southey | Published: 10/1/2021
Columbia Mayor Brian Treece was ordered to terminate his campaign committee. The Missouri Ethics Commission issued the order and said Treece violated state law. The state law from 2016 requires registered lobbyists to dissolve their candidate committees and that the campaign money should be returned to donors or contributed to a nonprofit group or political party committee. Treece did not terminate his committee in 2016 before registering as a lobbyist in 2017, 2018, 2019, or 2020.
New Mexico – Free Lunches Earn Business Access to New Mexico Lawmakers
MSN – Cedar Attanasio (Associated Press) | Published: 10/7/2021
As long as they are disclosed, it is legal for companies to buy New Mexico lawmakers lunches and give gifts. Sen. Gay Kernan said sponsored lunches have been common practice in her 19 years serving the Legislature, and that a sandwich cannot buy her vote. Former Rep. Jim Dines, who says he refused to accept as much as a bottle of water from lobbyists, believes there is a problem. “The appearance of impropriety is always there when you accept something [for] free. … Only the legislator themselves know whether … they’re being influenced,” said Dines.
New Mexico – NM Ethics Agency Seeks Expanded Staff, Jurisdiction
Albuquerque Journal – Dan McKay | Published: 10/1/2021
The State Ethics Commission will ask New Mexico lawmakers next year to sharply increase its staff to ensure the agency can carry out its role as an independent watchdog. The agency also agreed to ask the Legislature to expand its jurisdiction to the parts of the state constitution that prohibit profiting from public office and ban lawmakers from having an interest in contracts authorized by bills passed during their term.
New York – JCOPE Votes to Investigate Itself Over Cuomo Book Deal Approval
WXXI – Karen Dewitt | Published: 10/5/2021
The Joint Commission on Public Ethics (JCOPE) voted to open an independent investigation of how the panel approved a $5 million book deal for former New York Gov. Andrew Cuomo to write a memoir about his leadership during the COVID-19 pandemic. The deal has been the subject of a probe by the state attorney general as well as federal investigators. Cuomo never submitted the book contract to the panel, and the full commission never voted to approve the arrangement. Several commissioners complained at the time they were shut out of the decisions.
New York – Lovely Warren to Resign by Dec. 1 as Part of Plea Deal Over All Criminal Charges She Faces
MSN – Gary Craig and Brian Sharp (Rochester Democrat and Chronicle) | Published: 10/4/2021
Rochester Mayor Lovely Warren admitted to violating the state’s election law and, as part of a plea agreement, will resign from office by December 1. The plea deal heads off what was expected to be a month-long trial, while also resolving weapons and child endangerment charges Warren confronted in a separate criminal case. The city’s first Black woman to be elected mayor, Warren’s tenure has been a roller coaster ride, highlighted by some successful commercial development throughout the community but marred by the criminal allegations that have now hounded her for a year.
New York – Want to Be a City Commissioner? It Helps to Be Friendly with the Mayor.
New York Times – Dana Rubenstein | Published: 10/6/2021
Faced with half a dozen major vacancies during his eighth and final year in office, New York City Mayor Bill de Blasio had what appeared to be a simple choice: promote an experienced hand from within or persuade an outsider to sign on for what was likely to be a very temporary job. But in three of those instances, de Blasio chose a third option – he hired a loyalist. Each of the three has demonstrated long-term fidelity to the outgoing mayor, and he has reciprocated by putting them atop agencies of which they have varying levels of subject-matter expertise.
Ohio – Ohio Supreme Court Justice Pat DeWine Says He Won’t Recuse Himself from Redistricting Lawsuits Involving His Father, Gov. Mike DeWine
Cleveland Plain Dealer – Andrew Tobias | Published: 9/30/2021
Ohio Supreme Court Justice Pat DeWine says he does not plan to recuse himself from hearing a trio of lawsuits challenging new state House and Senate districts his father, Gov. Mike DeWine, voted to approve. Justice DeWine has recused himself at times from lawsuits involving decisions made by his father, including as recently as September, when, saying he wanted to “avoid the appearance of impropriety,” he withdrew from a case challenging Gov. DeWine’s decision to end enhanced federal unemployment benefits. In the redistricting cases, Justice DeWine noted his father was one of seven members of the Ohio Redistricting Commission, which approved the maps.
Ohio – Ohio’s Medicaid Director Owns the Stock of Some Major Contractors, but Won’t Say How Much
Ohio Capital Journal – Marty Schladen | Published: 10/6/2021
Since she became director of the Ohio Department of Medicaid in January 2019, Maureen Corcoran has owned stock in some of the department’s biggest contractors. Given the size of those contracts, they could have increased the value of the stock Corcoran owned. But while she complied with one set of state disclosure requirements, Corcoran will not say just how much stock she owns in such companies as CVS Health, UnitedHealth Group, and Express Scripts, each of which has done billions of dollars’ worth of business with the Medicaid department since Corcoran started running it.
Oregon – People for Portland Co-Founder Accused of Two-Timing Powerful Business Group
MSN – Shane Dixon Kavanaugh (Portland Oregonian) | Published: 9/30/2021
Lobbyist Dan Lavey ditched the Oregon Beer and Wine Distributors Association, an off-and-on client for years, after receiving a financial offer he “couldn’t refuse” from the Northwest Grocery Association, the beer and wine distributors allege. The two industry associations, among the most influential in Oregon, are frequent political opponents and are poised to square-off again over a possible ballot initiative next year that would privatize state liquor sales. “Reputation and relationships are all we have in this work [and] flagrantly flipping sides is not something we usually see in Oregon politics,” said Amy Ruiz, a senior vice president with Strategies 360.
Pennsylvania – John Dougherty and Bobby Henon Bribery Trial: What you need to know
MSN – Oona Goodin-Smith (Philadelphia Inquirer) | Published: 10/4/2021
Union leader John Dougherty and Philadelphia City Councilperson Bobby Henon are now in court more than two years after they were charged in a federal bribery and corruption case. The outcome could shape the future of organized labor, politics, and public corruption investigations in the city for years to come. Federal prosecutors charged Dougherty, Henon, and six other Local 98 of the International Brotherhood of Electrical Workers officials. But last year, a judge granted a defense request to split the case into two trials. The first trial is focused solely on charges tied to the relationship between Dougherty and Henon.
Pennsylvania – South Fla. Pols Wondered Where Campaign Cash Came From. The Answer Led to a Beleaguered N.J. Developer
MSN – Jacob Adelman (Philadelphia Inquirer) | Published: 10/7/2021
National Realty Investment Advisors (NRIA) pitches outsized investor returns in television and radio ads from its development projects. Many of those projects have been in Philadelphia. NRIA is under investigation by the FBI and financial regulators, and a former executive has separately been charged with fraud. One of the major projects it is depending on to start generating profits is in Delray Beach, Florida. Three New Jersey companies contributed to Delray Beach politicians with a common link to the city: all were started by NRIA employees and NRIA needed officials’ approval for its $59 million apartment project there.
Rhode Island – Senators Grill McKee Administration Over $5.2 Million Contract
MSN – Edward Fitzgerald (Boston Globe) | Published: 10/6/2021
The Senate oversight committee grilled officials in Rhode Island Gov. Daniel McKee’s administration over a $5.2-million contract awarded to ILO Group, a consulting firm that formed two days after McKee took office. The committee looked at a Zoom call that took place on March 5, one day after the ILO had formed. That meeting led to the state seeking proposals and awarding contracts to ILO and a lower bidder. The Zoom call included Mike Magee, one of McKee’s top campaign donors and the leader of Chiefs for Change, a network of state and district education chiefs. Senators noted ILO’s managing partner, Julia Rafal-Baer, worked for Chiefs for Change, and she had been invited to join that Zoom meeting.
South Dakota – Did Kristi Noem Abuse Governor’s Office to Get Daughter Appraiser License? Accountability Panel Will Decide
MSN – Joe Sneve (Sioux Falls Argus Leader) | Published: 10/6/2021
A panel of South Dakota judges will review allegations about Gov. Kristi Noem abused her office to help her daughter obtain a state appraiser license. The attorney general’s office announced it was referring the complaint to the Government Accountability Board, which will investigate the matter and determine if any misconduct occurred. The allegations center around a meeting Noem had with officials with the Department of Labor and Regulation after the agency had recommended denying Noem’s daughter, Kassidy Peters, a real estate appraiser license.
October 1, 2021 •
News You Can Use Digest – October 1, 2021
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National/Federal As Districts Grow More Diverse, Congressional Outreach Does Too MSN – Michael Macagnone (Roll Call) | Published: 9/30/2021 Over the past decade, U.S. Rep. Katie Porter’s 45th District in Southern California grew to the largest by population in the state […]
National/Federal
As Districts Grow More Diverse, Congressional Outreach Does Too
MSN – Michael Macagnone (Roll Call) | Published: 9/30/2021
Over the past decade, U.S. Rep. Katie Porter’s 45th District in Southern California grew to the largest by population in the state and was 45 percent non-Hispanic white in 2020, down from 55 percent in 2010. The district is more than one quarter Asian, which has shaped how Porter reaches out to her constituents. For example, she often contacts local community groups and ethnic churches in efforts to share more information about federal programs.
As Redistricting Begins, States Tackle the Issue of ‘Prison Gerrymandering’
MSN – Emmanuel Felton (Washington Post) | Published: 9/28/2021
As lawmakers begin drawing lines for congressional and state legislative districts based on the 2020 Census, there is a key question facing these drafters: how to count the 2.3 million people housed in the nation’s jails and prisons. While inmates are not allowed to vote in 48 states, they count for the purposes of representation. For most of American history, counting inmates where they were imprisoned did not have a huge impact on political power and representation. But that changed when states began adopting tough-on-crime laws in the 1980s, leading to an era of mass incarcerations.
Biden White House Leans Toward Releasing Information About Trump and Jan. 6 Attack, Setting Off Legal and Political Showdown
MSN – Tom Hamburger and Jacqueline Alemany (Washington Post) | Published: 9/23/2021
The White House is leaning toward releasing information to Congress about what Donald Trump and his aides were doing during the January 6 attack on the U.S. Capitol despite the former president’s objections, a decision that could have significant ramifications. Trump has said he will cite “executive privilege” to block information requests from the House select committee investigating the events of that day, banking on a legal theory that has successfully allowed presidents and their aides to avoid or delay congressional scrutiny for decades. But the Biden White House plans to err on the side of disclosure given the gravity of the events.
Covert Postal Service Unit Probed Jan. 6 Social Media
Yahoo News – Betsy Woodruff Swann (Politico) | Published: 9/27/2021
In the days after the January 6 attack on the Capitol, an obscure arm of the U.S. Postal Service, the United States Postal Inspection Service’s Internet Covert Operations Program (iCOP) sent bulletins to law enforcement agencies around the country on how to view social media posts that had been deleted. Few Americans are aware the same organization that delivers their mail also runs a surveillance operation rooted in an agency that dates back to the 18th century. And iCOP’s involvement raises questions about how broad the mandate of the Postal Service’s policing arm has grown from its stated mission of keeping mail deliverers safe.
DNC to Host First In-Person Fundraiser of the Covid Era
Yahoo News – Caitlin Oprysko (Politico) | Published: 9/25/2021
Eighteen months into the pandemic, the Democratic National Committee held its first in-person, indoor fundraising events, turning to K Street to haul in cash ahead of the midterm cycle. For lobbyists who have been starved of facetime with party leaders, they can give $36,500, the maximum amount an individual or non-multi-candidate PAC can contribute to a national party committee. That donation brings with it a more intimate “private clutch,” according to the invitation. The hosting of an in-person event marks a return for Democrats to the usual method of raising cash after meeting with donors became confined to Zoom calls.
Fallout Begins for Far-Right Trolls Who Trusted Epik to Keep Their Identities Secret
Seattle Times – Drew Harwell, Hannah Allam, Jeremy Merrill, and Craig Timberg (Washington Post) | Published: 9/28/2021
In the real world, Joshua Alayon worked as a real estate agent in Pompano Beach, Florida. But online, data revealed by the massive hack of Epik, an Internet-services company popular with the far right, signaled a darker side. Alayon’s name and personal details were found on invoices suggesting he had once paid for websites with names such as racisminc.com and theholocaustisfake.com. The hacking group Anonymous exposed previously obscure details of far-right sites and launched a race among extremism researchers to identify the hidden promoters of online hate. After Alayon’s name appeared in the breached data, his brokerage firm dropped him as an agent.
FEC Debates Deadlocks and Dismissals
Investigative Reporting Workshop – Keith Newell | Published: 9/29/2021
Since its founding in 1974, the FEC has long been regarded as an ineffective agency, garnering criticism as a “toothless tiger” or a “tightly leashed watchdog.” The panel has a maximum of six members, with no more than three from one party. Since 2006, an increasingly high number of deadlocked votes result in dismissals of allegations of misconduct; deadlocks are effectively victories for the Republican commissioners. Party loyalty appears to be less important to commissioners than ideology.
House Jan. 6 Committee Issues Subpoenas for Pro-Trump Rally Organizers
MSN – Jacqueline Alemany, Tom Hamburger, and Carol Leonnig (Washington Post) | Published: 9/29/2021
The U.S. House select committee investigating the January 6 attack on the Capitol issued subpoenas to 11 people associated with or involved in the planning of pro-Trump rallies that preceded the violent insurrection. The subpoenas come a week after it issued subpoenas targeting two top Trump White House officials, the chief of staff to the acting defense secretary, and longtime Trump adviser Stephen Bannon. The subpoenas may be able to shed light on the degree to which Donald Trump and his senior White House aides knew about their fears of chaos on January 6.
Ohio Men Sentenced to 45 Days Become First Jan. 6 Misdemeanor Defendants to Receive Jail Time
MSN – Spencer Hsu and Rachel Weiner (Washington Post) | Published: 9/29/2021
A court sentenced two Ohio men to serve 45 days in jail after federal prosecutors for the first-time requested incarceration at sentencing hearings for nonviolent misdemeanor offenders in the storming of the U.S. Capitol. The punishment comes after judges for months have questioned whether no-prison plea deals offered by the government to low-level January 6 defendants are too lenient to deter future attackers from terrorizing members of Congress.
Supreme Court Observers See Trouble Ahead as Public Approval of Justices Erodes
MSN – Robert Barnes and Seung Min Kim (Washington Post) | Published: 9/26/2021
On October 4, the U.S. Supreme Court will begin one of the most potentially divisive terms in years. Docketed cases concern gun control, separation of church and state, and the biggest showdown in decades on the constitutional right to an abortion. Meanwhile, a presidential commission studying the court is being bombarded with criticism from the left, and occasionally the right, that the justices are too political, too powerful, and serve for too long. “Not since Bush v. Gore has the public perception of the court’s legitimacy seemed so seriously threatened,” Georgetown Supreme Court Institute Executive Director Irv Gornstein said.
The FEC Unanimously Rejected a Trump Campaign Complaint Against Snapchat After the Social Media Site Removed the Former President’s Content from Its ‘Discover’ Feed
Yahoo News – Brian Metzger (Business Insider) | Published: 9/23/2021
The FEC dismissed a complaint made by former President Trump’s campaign against Snapchat, which it said had violated election laws by removing the campaign’s content from its curated “Discover” page. Snapchat announced in June 2020 it would no longer promote Trump’s content on the page, though it did not remove Trump’s account from the platform. The Trump campaign alleged Snapchat made an illegal contribution to Joe Biden by doing so.
There Are Just 9 Women Governors. Both Parties Want Change.
Yahoo News – Liz Crampton (Politico) | Published: 9/28/2021
Women now account for a third of state lawmakers, more than a quarter of the U.S. House and nearly as much of the U.S. Senate, but in many states have yet to shatter the highest glass ceiling: governorships. Today, just nine women hold the title, with power split among six Democrats and three Republicans. Four of those women took over the role by succession. There is growing urgency among leaders in both major parties around bolstering the chances of women running in the 2022 gubernatorial elections, when voters in 36 states will pick their next chief executive.
Trump Loses Case to Enforce Omarosa Manigault Newman’s N.D.A.
MSN – Maggie Haberman (New York Times) | Published: 9/28/2021
Former President Trump lost an effort to enforce a nondisclosure agreement against Omarosa Manigault Newman, a former White House aide and a star on “The Apprentice” who wrote a tell-all book about serving in his administration. The decision from an arbiter calls for her to collect legal fees from the Trump campaign. The campaign filed the case shortly after Manigault Newman published her book. It claimed she violated a nondisclosure agreement she had signed during the 2016 campaign stipulating she would not reveal private or confidential information about Trump’s family, business, or personal life.
Two Fed Officials Announce Retirements Amid Controversy Over Ethics and Stocktrading
MSN – Rachel Siegel (Washington Post) | Published: 9/27/2021
Two top Federal Reserve officials are leaving their posts amid scrutiny over their stock-trading activities during the coronavirus crisis, behavior which spurred an unusual review by the Fed of trading rules for its officials. Boston Federal Reserve Bank President Eric Rosengren and Dallas Fed President Robert Kaplan both announced their retirements. Earlier, media outlets reported on the financial disclosures of the regional bank presidents, showing both actively traded in stocks and other investments while in their roles setting monetary policy and assisting the central bank through the covid crisis.
U.S. Supreme Court to Consider Senator Cruz’s Campaign Finance Challenge
Yahoo Finance – Andrew Chung (Reuters) | Published: 9/30/2021
The U.S. Supreme Court agreed to hear the FEC’s bid to restore a campaign finance law that limits the amount of money candidates can accept from donors after an election as they try to recoup the money they personally lent to their formal campaign organizations. A lower court ruling found the cap violates the Constitution’s guarantee of freedom of speech by unjustifiably burdening political expression. The law imposes a ceiling of $250,000 on payments from donations made after an election even if candidates made loans exceeding that sum.
From the States and Municipalities
Arizona – Arizona Recount Results Raise Stakes for GOP-Backed Ballot Reviews in Other States
MSN – Amy Gardner (Washington Post) | Published: 9/23/2021
A GOP-commissioned report that did not find evidence fraud tainted Arizona’s 2020 election has intensified the fight over similar partisan ballot reviews in Pennsylvania, Texas, and Wisconsin, with former President Trump pressing for such examinations and Democrats stepping up their efforts to block them. The outcome of the recount in Maricopa County, which concluded President Biden won the state’s largest county by even more votes than the certified results, raises the stakes for the Republican leaders who have gone along with Trump’s demands for “forensic audits” in other states.
California – Between the Lines: Hidden partisans try to influence California’s independent redistricting
MSN – Ben Christopher and Sameea Kamal (CalMatters) | Published: 9/28/2021
California congressional districts are drawn by an independent citizens commission, but it is hearing from candidates and party officials who do not disclose their partisan affiliations. Though the commission is prohibited from considering the electoral interests of elected officials, candidates, or political parties, there is nothing that bars any of those players from trying to influence the decisions, nor any laws or rules requiring public commenters to list potential conflicts-of-interest. But not disclosing a personal stake may cross an ethical line, said Jessica Levinson, a former member of the Los Angeles Ethics Commission.
California – California Is Now Permanently a Vote-by-Mail State as Gavin Newsom Signs Bill
MSN – Lara Korte (Sacramento Bee) | Published: 9/27/2021
California will now mail ballots to voters in all elections, extending a practice temporarily adopted during the pandemic to prevent the spread of the coronavirus at polling locations. Gov. Gavin Newsom signed Assembly Bill 37, which requires county elections officials to mail a ballot to every active registered voter for all elections, whether they request it or not. Voters can still choose to vote at physical polling locations, if they prefer.
California – California Treasurer Sued for Harassment Often Shared Overnight Lodging with Staffers
MSN – Sophia Bollag (Sacramento Bee) | Published: 9/28/2021
Treasurer Fiona Ma has frequently shared hotel rooms with her chief of staff during her tenure as California’s top banking official, a practice she said she engaged in “to save money,” according to expense reports. A review of travel documents found that sharing lodging with staff was a common practice for Ma, who is facing a lawsuit filed by a different employee, who no longer works in the office. The worker accused her of sexual harassment when the two women shared hotel rooms.
California – L.A. County Sheriff’s Unit Accused of Targeting Political Enemies
MSN – Alene Tchekmedyian (Los Angeles Times) | Published: 9/23/2021
A group of deputies from the Los Angeles County Sheriff’s Department make up a little-known team of investigators formed by Sheriff Alex Villanueva and other top sheriff’s officials. Much of what they do, by design, is a mystery to the public and even to most within the department. But as some of the investigations handled by the team have come to light, a common thread has emerged: their targets are outspoken critics of Villanueva or the department. Concern over the Civil Rights and Public Integrity Deta has caused consternation both inside and outside the department.
California – Oakland Issues Its Largest Ethics Fine Ever, Against a Corrupt Former Building Inspector
Oaklandside – David DeBolt | Published: 9/28/2021
The Oakland Public Ethics Commission issued a fine of $309,600 against a former city building inspector accused of accepting bribes from property owners in exchange for greenlighting inspections or issuing permits. It is by far the largest fine ever issued by the commission. Thomas Espinosa, the former specialty combination inspector in the city’s Planning and Building Department’s Code Enforcement Division, also convinced some property owners whose buildings he inspected to hire him as a contractor, the investigation found.
Colorado – An Elections Supervisor Embraced Conspiracy Theories. Officials Say She Has Become an Insider Threat.
MSN – Emma Brown (Washington Post) | Published: 9/26/2021
In a lawsuit filed by the Colorado secretary of state, Mesa County Clerk and Recorder Tina Peters and her deputy have been accused of sneaking someone into the county elections offices to copy the hard drives of Dominion Voting Systems machines. Those copies later surfaced online and in the hands of election deniers. Local and state state prosecutors, and the FBI, are investigating whether criminal charges are warranted. The events represent an escalation in the attacks on the nation’s voting system, one in which officials who were responsible for election security allegedly took actions that undermined that security.
Colorado – Aurora City Council OKs Changes to Campaign Finance Law After Lawsuit from Mayor
Denver Gazette – Hannah Metzger | Published: 9/29/2021
The Aurora City Council approved changes to its campaign finance law after a court ruled in favor of Mayor Mike Coffman, who sued the city over provisions he claimed violated his freedom of speech. The lawsuit argued the measure, passed by the council in 2020, prohibited former and future candidates from pushing for ballot issues or helping other candidates with their campaigns, which Coffman said was intended to prevent his supporters from mobilizing in support of other candidates.
Colorado – Ex-Colorado GOP Chair Disbarred in Pro-Trump PAC Funds Case
MSN – Associated Press | Published: 9/23/2021
Former Colorado Republican Party Chairperson Ryan Call will be disbarred after acknowledging he took nearly $280,000 from a super PAC supporting former President Trump while Call served as the PAC’s treasurer. Call admitted to entering the Rebuilding America Now PAC into a secret contract to pay himself $5,000 a month for “political strategy and fundraising support” and he misled members of his former law firm about his activities with the committee.
Colorado – Newly Revealed Interactions Added to Redistricting Lobbying Complaint
Colorado Politics – Evan Wyloge | Published: 9/27/2021
A complaint filed against a group of Republican political consultants and lobbyists, accusing them of failing to file proper redistricting lobbying disclosure, grew larger when the complainant added new interactions between the complaint targets and Colorado’s redistricting commissioners. The complaint accused consultant Alan Philp of failing to file lobbying disclosure reports and accused former House speaker and now-lobbyist Frank McNulty and lobbyist Greg Brophy of failing to register and report their interactions with commissioners. All three work for Colorado Neighborhood Coalition, a nonprofit that does not disclose its donors.
Hawaii – Years Before Indictments, Honolulu Permitting Department Was Warned About Corrupt Culture
Honolulu Civil Beat – Christina Jedra | Published: 9/29/2021
The Honolulu Ethics Commission investigated the Department of Planning and Permitting (DPP) several times after it received numerous complaints about a “pay-to-play” culture at the department, records show. Taken as a whole, the records foreshadow the scandal that erupted earlier this year. In March, five current and former DPP employees, along with a local architect, were indicted for bribery schemes going back as far as 2012. The commission told DPP leadership about its concerns several times.
Illinois – Former Ald. Ricardo Muñoz Pleads Guilty to Spending Campaign Funds on Sports, Travel and Other Personal Items
MSN – Madeline Buckley (Chicago Tribune) | Published: 9/27/2021
Former Chicago Ald. Ricardo Muñoz pleaded guilty to spending cash from a political fund on personal items such as sports tickets, meals, and travel. Muñoz pleaded guilty to wire fraud and money laundering. Federal prosecutors alleged Muñoz stole from a PAC formed by the Chicago Progressive Reform Caucus (CPRC), where he served as chairperson and performed the duties of its treasurer. Prosecutors accused him of moving funds from the CPRC into another fund he controlled, Citizens for Muñoz, and then into his personal checking account.
Illinois – Obscenity Ruling? State’s Top Court to Hear Case Seeking to End Pols Using ‘Obscene Amounts’ of Campaign Cash to Pay Lawyers
Chicago Sun-Times – Rachel Hinton | Published: 9/29/2021
The state’s top court plans to rule on the question of whether politicians can dip into their campaign funds to pay for their criminal defense or other legal troubles, a decision that could directly affect the embattled husband of Illinois Supreme Court Chief Justice Anne Burke. She recused herself from the decision to take the case and from hearing it once it comes before the justices. Her husband, Ald. Edward Burke (14th), has already spent nearly $2 million in campaign contributions on legal fees since federal agents raided his ward headquarters.
Maryland – Baltimore’s Revamped Ethics Board Says It’s Ready to Provide Guidance to City Employees
Baltimore Sun – Emily Opilo | Published: 9/28/2021
Baltimore’s long underutilized Board of Ethics began issuing advisory opinions for the first time in three years in 2021 and has seen its web traffic triple, according to the panel’s annual report. The report, which is itself the first annual recap from the board since 2014, details a restructuring of the Board of Ethics since it was moved under the supervision of the Office of the Inspector General, a move that became effective last October. Since then, the board has been staffed by a full-time director and administrative assistant who established an ethics hotline and revamped the city’s ethics training process for city employees and elected officials.
Michigan – Detroit Councilman Andre Spivey Admits He Took Bribes for Help with Towing
MSN – Joe Guillen (Detroit Free Press) | Published: 9/28/2021
Andre Spivey became the second Detroit City Council member this year to plead guilty to a public corruption charge, admitting he took $35,900 in bribes from an undercover law enforcement agent and a confidential FBI source in exchange for wielding his political influence. Spivey accepted the bribes in exchange for his assistance with a pending vehicle towing ordinance before the council, he said in court. The bribes were paid over the course of eight separate meetings with the confidential FBI source, most of which were recorded.
New Hampshire – NH Supreme Court Asked to Define Governor’s Executive Privilege
MSN – Kevin Landrigan (Manchester Union Leader) | Published: 9/28/2021
Both sides in a legal dispute over open records asked the state’s highest court, for the first time, to spell out when New Hampshire Gov. Chris Sununu can claim executive privilege to keep documents secret. Activist Louise Spencer sued Sununu’s office over email contacts his staffers had with a national Republican PAC before and after Sununu vetoed a 2019 bill to create an independent redistricting commission. The suit maintained that the governor’s office should not be exempt from the state’s Right-to-Know Law.
New Mexico – Ethics Board Hands Gonzales a Reprimand and $2,000 Fine
Albuquerque Journal – Oliver Uyttebrouck | Published: 9/24/2021
The Albuquerque Board of Ethics and Campaign Practices imposed a $2,000 fine and a public reprimand on Bernalillo County Sheriff Manuel Gonzales, finding his mayoral campaign submitted 16 forged documents in his bid for public financing. The finding punctuates an unsuccessful monthslong quest by Gonzales to obtain more than $600,000 in public campaign financing. That effort foundered on a pair of complaints centered on the five-dollar qualifying contributions that candidates must collect from city voters to qualify for public money.
New York – MTA Bus Boss Covered License Plate to Avoid Tolls, Had $100k in Outstanding Fines: Watchdog
Yahoo News – Clayton Guse (New York Daily News) | Published: 9/27/2021
A New York City Transit superintendent used a plastic license plate cover to dodge tolls for years across New York, the Metropolitan Transit Authority (MTA) inspector general said. The superintendent, identified as Aditya Samaroo, bragged to his colleagues he avoided paying tolls on bridges and tunnels by obscuring his license plate. Samaroo also dodged more than $100,000 in outstanding tolls and late fees by regularly swapping out his car’s license plates.
Ohio – Ohio Governor Lobbyist Resigns; Was Linked to Bribery Probe
MSN – Julie Carr Smyth (Associated Press) | Published: 9/24/2021
Ohio Gov. Mike DeWine’s top lobbyist, a man linked to an ongoing federal bribery probe but never charged, resigned after three years on the job. Legislative Director Dan McCarthy cited “the pace and grind” of the job. Federal prosecutors charged five individuals with orchestrating a $60 million bribery scheme to assure the 2019 passage of a bill bailing out two nuclear power plants. The power plants were operated at the time by a wholly owned subsidiary of FirstEnergy Corp. McCarthy is a former FirstEnergy lobbyist who was president of one of the “dark money” groups that has been implicated in the alleged bribery scheme.
Pennsylvania – A Leading Addiction Recovery Reformer in Philly Was on the Payroll of a Rehab Center Now Charged with Crimes
MSN – Jeremy Roebuck and Aubrey Wilson (Philadelphia Inquirer) | Published: 9/27/2021
Fred Way has spent the last decade working to improve addiction recovery houses in Philadelphia. But for much of that time, he was on the payroll of a rehabilitation facility now accused of encouraging their worst abuses. He has advised lawmakers on state policy, and the recovery-house certification program created by his nonprofit, the Pennsylvania Alliance of Recovery Residences, serves as the only benchmark for judging the quality of housing in Philadelphia for people in early recovery, and for determining which of those homes will receive coveted city funds. In a state grand jury report this summer, Wray acknowledged taking money from a drug rehab facility under criminal investigation.
South Dakota – As Daughter Sought State License, Noem Summoned Agency Head
Yahoo News – Stephen Groves (Associated Press) | Published: 9/27/2021
Days after a South Dakota agency moved to deny her daughter’s application to become a certified real estate appraiser, Gov. Kristi Noem summoned to her office the state employee who ran the agency, the woman’s direct supervisor, and the state labor secretary. Noem’s daughter also attended. Kassidy Peters ultimately obtained the certification in November 2020, four months after the meeting at her mother’s office. A week after that, the labor secretary called the agency head, Sherry Bren, to demand her retirement, according to an age discrimination complaint. Bren left her job after the state paid her $200,000 to withdraw the complaint.
Texas – Dallas Needs More Oversight and Stronger Ethics Rules, Review Finds
Dallas Morning News – Everton Bailey Jr. | Published: 9/27/2021
Dallas needs a department solely dedicated to investigating misconduct complaints to ensure they are properly handled, according to a report calling for ethics reforms. The city should create an Office of Inspector General and appoint a licensed attorney role who would find, investigate. and issue rulings on cases of alleged fraud, waste, abuse, campaign finance violations and other ethics misconduct, the report said. The move would replace the current process, where complaints are funneled through different channels and not independently investigated.
Texas – ”Home Cooking’ Concerns Revealed in Corruption Prosecutions Outside Texas Capital
KXAN – David Barer and Josh Hinkle | Published: 9/20/2021
The Public Integrity Unit housed in the Travis County District Attorney’s Office was dismantled in 2015, following allegations it was politicizing prosecutions. Texas lawmakers aimed to reform the system by moving state public corruption investigations to the Department of Public Safety’s Texas Rangers and prosecuting accused officials in their home counties rather than Travis County. Six years later, a media investigation found prosecutions of statewide public officials for corruption are nearly non-existent. Since 2015, the Rangers investigated a handful of state-level elected leaders, but few faced charges.
Texas – Texas Appears to Be Paying a Secretive Republican Political Operative $120,000 Annually to Work Behind the Scenes on Redistricting
MSN – Alexa Ura (Texas Tribune) | Published: 9/29/2021
A Republican redistricting operative whose clandestine work helped drag Wisconsin into a legal morass last decade appears to now be on the payroll of the Texas Legislature as lawmakers work to redraw maps that will determine the distribution of political power for years to come. The operative, Adam Foltz, was part of the team that helped craft Wisconsin’s legislative maps after Republicans took control of that state Legislature in 2010. Foltz played a key role in a tight-lipped and questionable redrawing process that shut out Democrats and drew the condemnation of federal judges who described it as “needlessly secret,” according to court records.
Washington – Weekly WA Newspaper Fined $15,000 for Selling Election Coverage
Crosscut – Melissa Santos | Published: 9/28/2021
The Tacoma Weekly agreed to pay a $15,000 fine for telling candidates last year they could buy a news story, and even the newspaper’s editorial endorsement, as part of a $2,500 advertising package. Accepting money in exchange for story placement or positive coverage goes against journalistic standards of ethics. But beyond that, it also violates Washington state law, which forbids news outlets from soliciting money in exchange for “an endorsement, article, or other communication in the news media promoting or opposing a candidate.”
September 24, 2021 •
News You Can Use Digest – September 24, 2021
![News You Can Use Digest – September 24, 2021](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal A Republican Fundraising Vendor Wants More Small-Dollar Contributors to Replace Vanishing PAC Money Campaigns and Elections – Staff | Published: 9/22/2021 A large Republican fundraising vendor is pushing its clients to reorient their strategies around small-dollar contributors as PAC donations […]
National/Federal
A Republican Fundraising Vendor Wants More Small-Dollar Contributors to Replace Vanishing PAC Money
Campaigns and Elections – Staff | Published: 9/22/2021
A large Republican fundraising vendor is pushing its clients to reorient their strategies around small-dollar contributors as PAC donations have dried up in the wake of the January 6 insurrection and a move away from Washington, D.C. lobbying by corporations and trade associations. Fundraising Inc., a vendor that is under the Axiom Strategies corporate umbrella, announced it has “revamped the traditional PAC-focused GOP fundraising model” to an “updated approach … to better compete with Democrats for small-dollar donations.”
Dark News: The murky world of undercover EU lobbying
Politico – Mark Scott | Published: 9/16/2021
EU Reporter is not alone in offering companies and governments a paid-for platform to promote their views to European Union officials. Other Brussels-based outlets publish clearly labeled sponsored content from advertisers seeking to influence decision-makers. But EU Reporter presents its coverage as straight news, with rarely an indication that a company or government paid for the articles. In addition to undisclosed paid-for content, the site posts EU and corporate press releases, opinion articles from European lawmakers, and original material, making it impossible for readers to determine who is behind the coverage.
Democrats Begin Effort to Curb Post-Trump Presidential Powers
Yahoo Finance – Charlie Savage (New York Times) | Published: 9/21/2021
House Democrats introduced a package of proposed new limits on executive power on, beginning a post-Trump push to strengthen checks on the presidency that they hope will compare to the overhauls that followed the Watergate scandal and the Vietnam War. Democrats have spent months negotiating with the Biden White House to refine a broad set of proposals that amount to a point-by-point rebuke of the ways Donald Trump shattered norms over the course of his presidency. The Democrats have compiled numerous bills into a package they call the Protecting Our Democracy Act.
Durham Prosecution Faces Hurdles in D.C. Court
Yahoo News – Josh Gerstein (Politico) | Published: 9/17/2021
For Special Counsel John Durham, obtaining an indictment of lawyer Michael Sussmann for allegedly lying to the FBI during its investigation into the Trump campaign and Russia may turn out to be the easy part. Getting a Washington jury to convict Sussmann could be far harder, judging by a case with significant parallels: the 2019 prosecution of former Obama White House counsel Greg Craig.
Huge Hack Reveals Embarrassing Details of Who’s Behind Proud Boys and Other Far-Right Websites
MSN – Drew Harwell, Craig Timberg, and Hannah Allam (Washington Post) | Published: 9/21/2021
Epik has been the favorite Internet company of the far right, providing domain services to QAnon theorists, Proud Boys, and other instigators of the January 6 attack on the U.S. Capitol, allowing them to broadcast hateful messages from behind a veil of anonymity. But that veil vanished when a breach by the hacker group Anonymous dumped more than 150 gigabytes of previously private data – including usernames, passwords, and other identifying information of Epik’s customers. Researchers have treated the leak as a Rosetta Stone to the far right, helping them to decode who has been doing what with whom over several years.
‘It’s Spreading’: Phony election fraud conspiracies infect midterms
MSN – David Siders and Zach Montellaro (Politico) | Published: 9/20/2021
Donald Trump may have started the “Big Lie” movement, but what was once the province of an aggrieved former president has spread far beyond him, infecting elections at every level with vague, unspecified claims that future races are already rigged. It is a fiction that is poised to factor heavily in the midterm elections and in 2024, providing Republican candidates with a rallying cry for the rank-and-file and priming the electorate for future challenges to races the GOP may lose.
Jan. 6 Investigation Accelerates as It Turns Toward Trump
Yahoo News – Kyle Cheney and Nicholas Wu (Politico) | Published: 9/22/2021
Six members of the U.S. House panel investigating the Capitol attack made clear they are prepared to fly past any obstacles they encounter, mindful of Trump’s past success at stymieing congressional investigators. The calendar makes their job tougher: panel members know they need to show results quickly as the midterms bear down, given Democrats’ thin majority. The potential hurdles are many, from high-powered lawyers representing the former president’s inner circle to the tech companies sitting on potential witnesses’ communications. But they are already getting results from some corners.
Lauren Boebert Paid Rent and Utilities with Campaign Funds, FEC Filings Show
Denver Post – Conrad Swanson | Published: 9/22/2021
U.S. Rep. Lauren Boebert paid rent and utility bills with campaign funds in violation of federal campaign finance laws, new filings with the FEC show. The filings also indicate Boebert reimbursed her campaign for the $6,650 worth of payments. Each of the four payments in question (two for $2,000 each and another two for $1,325 each) were amended to show payments for the same amount, description, and on the same days to John Pacheco, whose address is the same as Shooters Grill in Rifle, which Boebert owns. Pacheco’s relationship to Boebert was not immediately clear.
Lawmakers Launch Investigation into Climate Crisis Disinformation by Fossil Fuel Industry
MSN – Ella Nilsen (CNN) | Published: 9/16/2021
The House Oversight and Reform Committee announced it is launching an investigation into fossil fuel industry disinformation on the climate crisis. The committee invited the heads of six oil companies and major lobbying groups to testify in October. The announcement comes after reports the industry participated in campaigns aimed at creating confusion about the cause of the climate crisis, or sowing skepticism in the science.
Outside Ethics Group Says 7 House Lawmakers Didn’t Disclose Stock Trades
National Public Radio – Deidre Walsh | Published: 9/22/2021
The Campaign Legal Center filed ethics complaints against seven U.S. House members for failing to report stock trades. It is the latest example of a bipartisan trend that has emerged almost 10 years after Congress overwhelmingly passed a law to provide transparency and show lawmakers are not profiting from their jobs: Members of Congress are ignoring the disclosure law. What makes the complaints filed Wednesday different is that it appears these members never filed reports at all.
Powell Orders Ethics Review After Fed Presidents Disclosed Multimillion-Dollar Investments
CNBC – Thomas Franck | Published: 9/16/2021
Federal Reserve Chairperson Jerome Powell directed staff to review the central bank’s ethics rules for appropriate financial activities after disclosures that several senior officials made multiple multimillion-dollar stock trades in 2020, while others held significant investments. News of Powell’s inquiry broke after U.S. Sen. Elizabeth Warren sent 12 letters to the Fed’s regional bank presidents demanding stricter ethics from the nation’s top central bank officials. She called on each Fed president to institute a ban on the ownership and trading of individual stocks by senior officials at each regional office.
Roger Stone Served ‘a Big, Big Stack of Papers’ from Capitol Riot Lawsuit During Radio Interview
Seattle Times – Timothy Bella (Washington Post) | Published: 9/16/2021
As he was asked in a phone interview whether former President Trump would run in 2024, Roger Stone paused to answer the front door. Stone, a longtime confidant to the former president, apologized to the St. Louis radio show, but he had a good reason: he was being served with papers related to the lawsuit filed by seven U.S. Capitol Police officers against him, Trump, far-right “violent extremist groups,” and others accused of being responsible for the January 6 riot at the U.S. Capitol.
The FEC Unanimously Rejected Matt Gaetz’s Complaint Against Twitter Over an Alleged 2018 ‘Shadow Ban’
Yahoo News – Brian Metzger (Business Insider) | Published: 9/17/2021
The FEC unanimously rejected a complaint by U.S. Rep. Matt Gaetz against Twitter that alleged the company violated campaign finance regulations by “shadow-banning” Gaetz in 2018, limiting the visibility of his account on the website’s search results. Twitter said Gaetz was caught up in an automated process by the company to improve discourse on Twitter because his account was “associated with other accounts that already had high indicia of misuse or abuse.”
Threats Against Members of Congress Are Skyrocketing. It’s Changing the Job.
Yahoo News – Sarah Wire (Los Angeles Times) | Published: 9/20/2021
In a year that kicked off with the deadly January 6 attack on the U.S. Capitol, threats against lawmakers are soaring. In the first three months of 2021, the Capitol Police recorded 4,135 threats against members of Congress. If that pace continues, total threats this year will double those in 2020. It is changing the job for lawmakers, who must tread a fine line between being accessible to those they represent and keeping themselves, their families, and their staffs safe. After January 6, some members temporarily relocated their families over concerns their homes would be targeted. Some wore bulletproof vests to the presidential inauguration.
Trump Campaign Knew Lawyers’ Voting Machine Claims Were Baseless, Memo Shows
Yahoo News – Alan Feuer (New York Times) | Published: 9/21/2021
A team of lawyers allied with Donald Trump held a news conference after the 2020 election and laid out a conspiracy theory claiming a voting machine company had worked with an election software firm, the financier George Soros, and Venezuela to steal the presidential contest from Trump. But by the time the news conference occurred on November 19, Trump’s campaign had already prepared an internal memo on many of the outlandish claims about the company, Dominion Voting Systems, and the separate software company, Smartmatic, according to court documents The memo determined those allegations were untrue.
Trump Just Sued the New York Times and His Niece. If History Is a Guide, He Probably Won’t Win.
MSN – Paul Farhi and Sarah Ellison (Washington Post) | Published: 9/22/2021
Donald Trump has once again sued a news organization alleging its reporting was unfair to him. If history is any guide, this one is also likely to generate a flurry of attention before quietly stalling out. Trump’s latest lawsuit is aimed at the New York Times and his niece, Mary Trump. It centers on the newspaper’s publication in 2018 of a Pulitzer Prize-winning investigation of Trump’s alleged tax-avoidance tactics and the history of his family inheritance.
Two GOP Operatives Indicted for Allegedly Routing Money from Russian National to Support Trump Campaign
MSN – Felicia Sonmez and Isaac Stanley-Becker (Washington Post) | Published: 9/20/2021
President Trump after being convicted in a 2012 campaign finance scheme is facing new charges related to an alleged 2016 plot to illegally funnel donations made by a Russian national to support then-candidate Trump’s White House bid. Jesse Benton, who was previously a top aide to U.S. Sen. Rand Paul and later ran a pro-Trump super PAC, and Roy Wead, a conservative author and former special assistant to President George H.W. Bush, were charged in the case.
Canada
Canada – Trudeau’s Party Wins Canada Vote but Fails to Get Majority
MSN – Rob Gilles (Associated Press) | Published: 9/21/2021
Prime Minister Justin Trudeau’s Liberal Party secured victory in parliamentary elections but failed to get the majority in a vote that focused on the coronavirus pandemic, but many Canadians saw as unnecessary. Trudeau entered the election leading a stable minority government that was not under threat of being toppled but was hoping Canadians would reward him with a majority for navigating the pandemic better than many other leaders. Still, Trudeau struggled to justify why he called the election early given the virus, and the opposition accused him of holding the vote two years before the deadline for his own ambition.
From the States and Municipalities
Alabama – Candidates Will Not Be Able to Fundraise During the Special Session
Alabama Reporter – Brandon Moseley | Published: 9/23/2021
Alabama legislators will convene for a special session on September 27. This means state lawmakers, candidates for the Legislature, and statewide officeholders and candidates for statewide office will not be able to accept campaign contributions. The secretary of state’s office said any contribution postmarked prior to the blackout and received after the blackout may be accepted.
Alaska – Protect Juneau’s Future Shared Who Paid for Its Campaign, but No Laws Require It
KTOO – Jeremy Hsieh | Published: 9/21/2021
A deadline passed for local candidates and issues groups all over the state to disclose their campaign finances ahead of local elections on October 5. But the public probably will never know exactly who paid how much for the campaign that helped quash a ballot initiative to limit cruise ships in Juneau. That is because campaign finance disclosure laws would not apply in this case until after it cleared the signature-gathering stage.
California – Kern County Under Investigation After Denying Group COVID Contract Over Support for Defunding Police
Yahoo News – Sam Morgen (Bakersfield Californian) | Published: 9/22/2021
Kern County may end up paying for a decision by the board of supervisors to withhold a $1.2 million coronavirus contract from a nonprofit group that had voiced support for defunding police. The nonprofits were selected because of their community ties. The Kern County Public Health Department said the groups would be a more trusted resource to communities at the greatest risk than county officials. Building Healthy Communities said in Facebook posts funding for the Bakersfield Police Department and the Kern High School District Police Department should be diverted to other causes. That was enough for supervisors to withhold approval of a contract to the organization even though preparation and hiring had already taken place.
Florida – A Local Government Candidate Claimed to Be the City’s ‘Most High-Profile Hispanic Democrat.’ She’s Not Hispanic.
MSN – Jaclyn Peiser (Washington Post) | Published: 9/22/2021
Speaking before a group of Democratic leaders in Florida’s Miami-Dade County on Zoom, Miami Beach City Commission candidate Kristen Rosen Gonzalez made her pitch as to why the party should endorse her. She called herself “the most high-profile Hispanic Democrat in the city of Miami Beach.” Not endorsing her, she continued, “would be upsetting and confusing” for constituents. But Rosen Gonzalez is not Hispanic.
Florida – Anti-Mask FL GOP Bookkeeper Dies of COVID – Leaving Party Without Access to Finance Software
MSN – Brett Bachnman (Salon) | Published: 9/19/2021
After spending months railing against COVID-19 precautions, a Republican Party official in Florida passed away recently, leaving his county-level GOP organization without access to critical financial accounts. Gregg Prentice served as accountant for the Hillsborough County GOP and chaired the organization’s committee for election integrity, and was responsible for filing its monthly reports to the FEC. A filing claims Prentice died without sharing login information for these accounts, or any sort of instructions for how to use them.
Florida – Senate Redistricting Chair Vows to Redeem Process as He Plans to Limit Public’s Input
MSN – Mary Ellen Klas (Miami Herald) | Published: 9/20/2021
The Florida Senate announced new rules that put limits on the input the chamber gets from average citizens, political consultants, and lobbyists. The Senate will require more disclosure from anyone who attempts to address legislators in a public meeting by requiring them to submit a disclosure form that indicates if they are a lobbyist or getting their expenses paid. Legislators will be required to retain all records of communications they get about maps. The goal is to prevent lawmakers from using political consultants to illegally influence redistricting as they did 10 years ago, when the courts invalidated the legislatively drawn Senate maps.
Florida – Tallahassee Ethics Board Proposing Stronger Lobbying Ordinances, Expanded Role
MSN – Karl Etters (Tallahassee Democrat) | Published: 9/17/2021
The Tallahassee Independent Ethics Board wants to strengthen policies governing lobbyists as the glare of a federal corruption probe and investigative reporters have illuminated paid work and deal-making done behind the scenes on projects and policies. The board is recommending two ordinances and one change to the city charter that requires a ballot amendment in language sent to the city commission. The ethics panel has been working for months to add more teeth to its role in regulating lobbying in the city.
Georgia – Fulton Board Gets New Chair as Georgia Reviews Its Elections
Yahoo News – Kate Brumback (Associated Press) | Published: 9/16/2021
Commissioners in Fulton County picked former Atlanta City Council President to lead their election board as a state panel reviews how elections are conducted in Georgia’s most populous county. Secretary of State Brad Raffensperger, a Republican facing a primary challenge next year, objected to what he called a “blatantly political appointment” because Woolard had registered earlier this year as a lobbyist for Fair Fight Action, a group started by Stacey Abrams, a Democrat who narrowly lost the race for governor in 2018.
Illinois – Sources Say Chicago Ald. Jim Gardiner Allegedly Tried to Pay Campaign Worker with Tax Dollars
WBEZ – Mariah Woelfel | Published: 9/19/2021
Chicago Ald. Jim Gardiner allegedly tried to use taxpayer funds to pay an employee for work they did on his 2020 campaign for ward committeeman, sources said. It is the latest allegation to unfold as Gardiner is facing inquiries by multiple agencies, including the FBI, and possible censure by his city council colleagues for crude texts he wrote about constituents and colleagues, as well as allegedly withholding city services from critics.
Indiana – Longest Serving State Senator Forced Out of His Seat in Redistricting Process: ‘This is a classic example of gerrymandering.’
Chicago Daily Herald – Alexandra Kukulka (Post-Tribune) | Published: 9/22/2021
Frank Mrvan, the longest serving member of the Indiana Senate, has been effectively forced out of his seat after the redrawing of Senate maps would require him to move or run against a colleague. “This is a classic example of gerrymandering,” said Lake County Democratic Party Chairperson James Wieser. “It’s disrespectful to a public official that’s given his heart and soul, as has his whole family, to our party for 50 years plus.”
Massachusetts – Ex-Mayor, Elected at Age 23, Gets 6 Years in Corruption Case
Yahoo News – Alanna Durkin Richer (Associated Press) | Published: 9/21/2021
Former Fall River Mayor Jasiel Correia was sentenced to six years in prison after being convicted of extorting hundreds of thousands of dollars from marijuana businesses that wanted to operate in his city. The judge handed down his punishment after tossing several convictions stemming from allegations that Correia swindled investors who backed a smartphone app he created. “If we can’t trust each other, if we can’t trust our government, where are we?” U.S. District Court Judge Douglas Woodlock asked.
Michigan – Facing Tight Timeline, Voter-Led Michigan Redistricting Commission on Steep Learning Curve
MSN – Clara Hendrickson (Detroit Free Press) | Published: 9/20/2021
Michigan’s first-ever citizen redistricting commission is finding itself on a steep learning curve as members race against the clock to draw new maps ahead of the 2022 election, crunching a monthslong process into a matter of weeks following an unprecedented delay in census data. The Michigan Independent Citizens Redistricting Commission blew past a deadline in the state constitution for proposing the new districts. But with four weeks of mapping under its belt, the commissioners, who have never drawn political districts before, have raised concerns the group might not get the job done in the time it has allotted for itself.
Missouri – Lawmakers Renting from Lobbyists Less Often in Jefferson City
St. Louis Post-Dispatch – Jack Suntrup | Published: 9/16/2021
Lobbyists are no longer leasing housing to Missouri lawmakers in Jefferson City, with one exception. State Rep. Adam Schwadron is the only legislator renting from a registered lobbyist, according to disclosures filed with the Missouri Ethics Commission. Leases between lobbyists and state officials have drawn scrutiny in the past and have been less common in recent years: between 2016 and 2018, lobbyists reported renting to a dozen lawmakers and state officials.
Montana – Montana Doesn’t Always Draw a Straight Line from Groups to Their Lobbying
Helena Independent Record – Sam Wilson (Lee Newspapers State Bureau) | Published: 9/19/2021
Montana Commissioner of Political Practices Jeff Mangan acknowledged the state does not have a perfect system for connecting principals to the on-the-ground lobbying efforts they are paying for. Along with the inability to track reported lobbying expenses in a centralized database, there were a number of groups that paid lobbyists during the 2021 session without saying what legislation they were lobbying for or against, or that funneled lobbying expenses through other groups. In other instances, the flow of dollars from groups or corporations through multiple lobbying firms further obscured the money’s source.
New Mexico – Grand Jury Indicts Ex-Lawmaker in Alleged Kickback Scheme
MSN – Morgan Lee (Associated Press) | Published: 9/20/2021
Former New Mexico Rep. Sheryl Williams Stapleton was indicted by a grand jury on charges of racketeering, money laundering, fraud, and ethics violations in connection with an alleged kickback scheme. She was fired in August by the Albuquerque public school system from her position in vocational education amid administrative and criminal probes into her ties to a private contractor for the state’s largest school district.
New York – Aides of Former Gov. Cuomo on Hook for New Legal Bills
MSN – Marina Villeneuve (Associated Press) | Published: 9/23/2021
New York state has stopped paying legal bills for state employees who worked for former Gov. Andrew Cuomo as he faced ongoing investigations on the state and federal level. The state stopped paying for those aides’ legal bills after September 2. The Hochul administration is now deciding whether there is a legal basis for the state to pay bills for legal services on or before September 2. The administration did not specify how many staffers had legal bills paid for by the state.
New York – State Inspector General Resigns Amid Controversy
Albany Times Union – Chris Bragg | Published: 9/17/2021
New York Inspector General Letizia Tagliafierro, a longtime aide to former Gov. Andrew Cuomo, resigned from her post as the executive branch’s top internal-affairs watchdog. Tagliafierro’s departure comes less than a month after Cuomo’s resignation and two weeks after the Joint Commission on Public Ethics voted to ask state Attorney General Letitia James to investigate the conduct of the inspector general’s office in its probe of an illegal leak of confidential information from the ethics commission to Cuomo in January 2019.
North Carolina – North Carolina Judges Strike Down State’s Voter ID Law
MSN – Gary Robertson (Associated Press) | Published: 9/17/2021
North Carolina judges struck down the state’s latest photo voter identification law, agreeing with minority voters that Republicans approved rules tainted by racial bias to remain in power. Two of the three trial judges declared the December 2018 law is unconstitutional, even though it was designed to implement a photo voter ID mandate added to the North Carolina Constitution in a referendum just weeks earlier. They said the law intentionally discriminates against Black voters, violating their equal protections.
Pennsylvania – New Equity Report Required of Lobbyists & Lobbying Firms in Pennsylvania
JD Supra – Staff | Published: 9/22/2021
Starting this year, Pennsylvania is requiring all registered lobbyists and lobbying firms to file an Annual Equity Report. The report must disclose how much equity, as a percentage, the lobbyist or firm holds or has held in an affiliate principal, and for whom the lobbyist or firm lobbied during the reporting period. The report must be filed even if the lobbyist or firm has no equity to report.
Pennsylvania – Pa. Legislators Promised #MeToo Reforms Inside Capitol. So Far, Few Changes Have Become Law
LancasterOnline.com – Lindsay Weber (Allentown Morning Call) | Published: 9/22/2021
Three years after a handful of sexual harassment and assault cases plagued the state Capitol and prompted calls for reform, little has changed in how Pennsylvania’s political leaders handle new accusations. Legislation inspired by the #MeToo movement designed to hold accountable those involved in sexual misconduct and those who cover it up would have created independent, streamlined ways for staffers and others to report complaints. But those proposals have gone nowhere. Bills that would have banned nondisclosure agreements and prevented the use of taxpayer money for settlements have met the same fate.
Rhode Island – Former State Official to Pay Fine to Settle Ethics Complaint
Bowling Green Daily News – Associated Press | Published: 9/21/2021
A former state official in Rhode Island will pay a $4,500 fine to settle an ethics complaint over his solicitation of campaign donations from state vendors for a mayoral run. Brett Smiley, who is running for Providence mayor, resigned as director of the Rhode Island Department of Administration early this year. The agency oversees hundreds of millions of dollars’ worth of state contracting and spending. Smiley admitted that six separate solicitations from an owner or officer of a company that does business with the state violated the code of ethics.
Rhode Island – RI Donor-Disclosure Laws Upheld Again; Conservative Group Says It Will Appeal to High Court
MSN – Patrick Anderson (Providence Journal) | Published: 9/16/2021
A federal appeals court upheld Rhode Island’s campaign-spending disclosure laws against a constitutional challenge by a coalition of conservative groups. Those groups say they intend to appeal to the U.S. Supreme Court. A three-judge panel of the First Circuit Court of Appeals on said the law that makes top donors identify themselves in certain election advertising does not infringe on those donors’ free-speech rights.
September 17, 2021 •
News You Can Use Digest – September 17, 2021
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National/Federal Delta Variant Postpones K Street’s Full Return MSN – Kate Ackley (Roll Call) | Published: 9/14/2021 On the cusp of Memorial Day back in May, most lobbyists were gearing up for a more normal return to their in-person work life, […]
National/Federal
Delta Variant Postpones K Street’s Full Return
MSN – Kate Ackley (Roll Call) | Published: 9/14/2021
On the cusp of Memorial Day back in May, most lobbyists were gearing up for a more normal return to their in-person work life, as they began to reemerge for meetings on Capitol Hill and sessions with clients and colleagues. The rise of the delta variant, however, has prompted most firms to postpone requirements for employees to return to the office, and many K Street denizens said most of their advocacy activities and team meetings remain virtual.
Election Fraud Cases Sow Doubts About Legal Profession’s Future
Bloomberg Law – Melissa Heelan | Published: 9/14/2021
Attorneys behind dismissed cases over alleged fraud in the 2020 presidential election have been cited for violating professional standards requiring candor in the courtroom and barring the filing of lawsuits not backed up by fact or law. Charles Geyh, a legal ethics professor at Indiana University, said courts rose to the occasion, but the discipline might not be enough to stop lawyers from being involved in similar challenges in the future. No one’s been disbarred yet despite calls from some for severe discipline. Sanctions range from a temporary license suspension for Rudy Giuliani to judicial dressing downs and orders to pay court costs.
FEC Finds Twitter Didn’t Break Law by Blocking Spread of Hunter Biden Story
New York Times – Shane Goldmacher and Kate Conger | Published: 9/13/2021
The FEC ruled Twitter did not break election laws when it blocked users from sharing links to a New York Post story about Joe Biden’s son, Hunter Biden. The FEC said Twitter’s actions in blocking the spread of the article were made with valid commercial reason, not a political purpose, making them legal, a decision that is likely to set a precedent for future cases involving social media sites and federal campaigns. The FEC used the same reasoning to side with Snapchat and reject a complaint from the Trump campaign. The campaign argued the company provided an improper gift to Biden by rejecting Trump from its Discover platform.
Fed’s Kaplan, Rosengren to Sell All Stocks Amid Ethics Concerns
MSN – Catarina Saraiva and Craig Torres (Bloomberg) | Published: 9/10/2021
The presidents of the Federal Reserve banks of Boston and Dallas said they are selling their individual stock holdings by September 30, in moves aimed at appeasing ethical concerns over their trading activity last year. Boston Fed chief Eric Rosengren and the Dallas Fed’s Robert Kaplan released near-identical statements after their most recent financial disclosure documents showed active trading in a range of investments during a year in which the central bank took sweeping policy actions to protect the U.S. economy from Covid-19. They both said they would invest the proceeds of their sales in diversified index funds or hold them in cash.
Former Chancellor Philip Hammond Cleared of Breaking Rules After His Lobbying of Treasury Was Ruled Only ‘Incidental’
Yahoo News – Henry Dyer (Business Insider) | Published: 9/10/2021
Lord Philip Hammond, the former Chancellor of the Exchequer, was cleared of breaking lobbying rules when he contacted a senior Treasury official on behalf of a bank he was working for. Former ministers are generally barred from trying to influence the government on behalf of clients. But Hammond’s activity was deemed acceptable by an independent regulator on the grounds it was “incidental.” Critics said the ruling highlights flaws in the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act, passed in 2014.
Giuliani Associate Igor Fruman Pleads Guilty in Campaign-Finance Case
MSN – Shayna Jacobs (Washington Post) | Published: 9/11/2021
A Soviet-born businessperson who assisted Rudolph Giuliani in his Ukrainian political efforts on behalf of former President Trump pleaded guilty to violating campaign finance laws, as others charged in the case prepare to stand trial. Igor Fruman, who was arrested with co-defendant Lev Parnas at Dulles International Airport in 2019, entered a guilty plea to one count of soliciting foreign campaign contributions.
GOP Online Donation Platform Tweaks Fees, Sending Millions More to Midterm Campaigns
Yahoo News – Isaac Isenstadt (Politico) | Published: 9/16/2021
Republicans are making a small change to their online fundraising program that could have a big impact on the party’s finances heading into the 2022 midterm election. WinRed, the GOP’s principal small-dollar donation processor, is lowering the fees it charges candidates and committees for each contribution they receive through the platform. The shift, which follows months of behind-the-scenes deliberations involving the party’s senior officials, could result in millions of dollars more being funneled into campaign coffers next year.
GOP Senate Candidates Backed Legal Challenges to the 2020 Election
MSN – Bridget Bowman (Roll Call) | Published: 9/15/2021
At least nine Republican U.S. Senate candidates have a political résumé with a contentious item: filing or actively supporting one of the failed lawsuits that furthered former President Trump’s false claims that the 2020 election was rife with fraud. Since many GOP candidates support Trump’s claims, participating in lawsuits could help some stand out in crowded Republican primaries, where they need to win over Trump supporters who say voter fraud played a role in President Biden’s win. Some Democrats think focusing on the 2020 election could be a liability for Republicans in the midterms with voters who rejected Trump’s divisive rhetoric or his unfounded concerns about the validity of the last election.
McCarthy Asks Supreme Court to Overturn House Proxy Voting Rules Adopted as Pandemic Precaution and Used by Nearly 100 Republicans
MSN – Amy Wang (Washington Post) | Published: 9/10/2021
House Minority Leader Kevin McCarthy is asking the U.S. Supreme Court to review and overturn the House’s proxy voting rules, which were adopted last year to allow lawmakers to cast votes remotely as a pandemic precaution. McCarthy criticized proxy voting as a “power grab” and “a raw abuse of power” by Speaker Nancy Pelosi, who along with many Democrats pushed for the historic rule change at the beginning of the pandemic.
Revised Democratic Voting Bill Drops Controversial Provisions, Tweaks Others as Pressure for Action Mounts
MSN – Mike DeBonis (Washington Post) | Published: 9/14/2021
A group of Democratic senators, including key centrist Joe Manchin III, introduced a pared-down voting rights, campaign finance, and government ethics bill in hopes of building momentum for its passage through a closely divided Senate. The new Freedom to Vote Act retains significant portions of the For the People Act, Democrats’ marquee voting legislation that passed the House this year but was blocked by a Senate filibuster. Tt also discards significant pieces and tweaks others, largely to placate Manchin and indulge his hopes of building enough Republican support to pass the bill.
Struggle for Control of Afghanistan Comes to K Street
New York Times – Kenneth Vogel | Published: 9/15/2021
A leading figure in the Afghan resistance has retained a lobbyist to seek military and financial support in the U.S. for a fight against the Taliban. Ahmad Massoud, the leader of one of the most prominent groups of fighters seeking to oust the Taliban from power, signed the contract with Robert Stryk, who built a lobbying practice during the Trump administration working with clients that others on K Street were wary of representing. The contract, which indicates the work will be pro bono, comes as an array of Afghan constituencies are seeking lobbying help as they jockey for recognition in Washington and the international community.
From the States and Municipalities
Alaska – GOP Lawmaker Who Refused to Follow Mask Mandate While Flying Says She Can’t Get to the Alaskan Capital
MSN – Derek Hawkins (Washington Post) | Published: 9/11/2021
An Alaska lawmaker requested an excusal from the state Senate until mid-January, citing the challenges of traveling to Juneau from Anchorage after she was suspended from flying on Alaska Airlines earlier this year. Sen. Lora Reinbold requested the excusal through January 15. She said she was unaware of any other airline flying to the state capital during that period. The airline banned her indefinitely in the spring after she clashed with staffers over the airline mask mandate issued by federal transportation officials.
Arkansas – Dentist Guilty of Conspiring to Bribe Former Arkansas Lawmaker Hutchinson
Arkansas Democrat-Gazette – Ron Wood | Published: 9/14/2021
Benjamin Burris, an orthodontist who operated clinics across Arkansas, pleaded guilty in federal court to one count of bribing former state Sen. Jeremy Hutchinson to pass laws to benefit Burris’s businesses. Burris paid Hutchinson $157,500 between February 2014 and November 2016. Hutchinson, then a practicing lawyer, was paid monthly retainers that nominally were for legal services. But he was also expected to introduce and lobby for laws or regulatory changes Burris wanted, the indictment said.
California – Newsom Soundly Defeats California Recall Attempt
MSN – Phil Willon, Taryn Luna, and Julia Wick (Los Angeles Times) | Published: 9/14/2021
California Gov. Gavin Newsom survived a historic recall election, winning a major vote of confidence during a COVID-19 pandemic that has tested his ability to lead the state through the largest worldwide health crisis in modern times. The recall offered Republicans their best chance in more than a decade to take the helm of the largest state. But the effort was undercut when Newsom and the nation’s leading Democrats, aided by visits to California by President Biden and Vice President Kamala Harris, portrayed the campaign to oust the governor as a “life and death” battle against “Trumpism” and far-right anti-vaccine activists.
California – Recology Agrees to Pay $36 Million for Role in Bribes to City Official
MSN – Megan Cassidy (San Francisco Chronicle) | Published: 9/10/2021
Three waste management companies that are part of Recology Inc. agreed to pay $36 million for their role in a corruption scheme that included kickbacks to former San Francisco Public Works Director Mohammed Nuru. The resolution comes as federal prosecutors announced a charge of conspiracy to commit honest services fraud against the three subsidiaries, which officials said conspired to bribe Nuru for favorable treatment with the trash company’s city contracts. In his former role, Nuru had considerable sway in the rate-setting process with Recology.
Colorado – Unregistered Redistricting Lobbying Complaint to Receive Full Investigation After Colorado Secretary of State Approves Probe
Colorado Springs Gazette – Evan Wyloge | Published: 9/15/2021
An investigation into whether a secretly funded nonprofit organization has been illegally lobbying Colorado’s redistricting commissioners will move forward after the secretary of state found enough evidence to warrant a full probe. The decision to further investigate Colorado Neighborhood Coalition, the 501c4 nonprofit organization run by longtime Republican operatives at the center of the complaint, could have broad implications for the transparency now required around the redistricting process, and comes after several efforts to influence the redistricting commissions without full transparency have emerged.
Florida – Florida Official Sentence to 5 Years in Corruption Case
MSN – Brendan Farrington (Associated Press) | Published: 9/9/2021
A federal judge sentenced former Tallahassee City Commissioner Scott Maddox to five years in prison after he pleaded guilty to charges related to public corruption. Maddox’s business associate, Paige Carte-Smith, was sentenced to two years for her role. Prosecutors said Maddox would send clients to Carter-Smith’s lobbying firm after he returned to the city commission in 2012, and she would then pay Maddox for his influence. Maddox was first elected to the commission in 1990 and later served as the Tallahassee mayor until 2003.
Florida – Tallahassee City Commissioner Calls for Ethics Reforms Following Maddox Trial
WFSU – Valerie Crowder | Published: 9/10/2021
A former Tallahassee commissioner’s public corruption trial has sparked calls for ethics reform. Former Commissioner Scott Maddox was sentenced to five years in federal prison for orchestrating a bribery scheme through his lobbying firm. City Commissioner Jeremy Matlow is proposing six policy recommendations aimed at making it harder for public officials to abuse their power. They include requiring all city officials to detail any meetings related to city business they have with paid lobbyists and report contact logs with anyone paid to influence policy.
Hawaii – What Civil Beat’s Salary Database Tells Us About the Embattled Auditor’s Office
Honolulu Civil Beat – Richard Wiens | Published: 9/12/2021
When the Honolulu Civil Beat published the salaries and job titles of more than 48,000 state workers, they included the payrolls of two agencies whose directors have made a lot of headlines lately: the state auditor’s office and the Hawaii Ethics Commission. Auditor Les Kondo has been under fire from a working group that found his office was producing inadequate performance audits. Ethics Commission Director Dan Gluck generated controversy after he was nominated to become a judge on the Hawaii Intermediate Court of Appeals. The salary database shows how the offices led by Kondo and Gluck have evolved over the last decade.
Idaho – Former Idaho Legislator Faces Arrest Warrant on Two Felony Charges – Including Rape
Idaho Statesman – Hayat Norimine | Published: 9/10/2021
The former Idaho legislator who resigned earlier this year after a House ethics committee hearing now faces two felony charges, including one for rape. An arrest warrant has been issued for former state Rep. Aaron von Ehlinger, who stepped down after a 19-year-old legislative intern’s accusation of sexual assault. Von Ehlinger has denied any wrongdoing, saying his actions with the intern were consensual. He resigned just hours after the ethics panel recommended expelling him from his seat, following a finding he engaged in “conduct unbecoming.”
Illinois – Chicago Sky Owner Michael Alter Fined by City Ethics Board for Seeking Mayor Lori Lightfoot’s Help on Gambling License Without Registering as a Lobbyist
MSN – Gregory Pratt (Chicago Tribune) | Published: 9/15/2021
Michael Alter, owner of the Chicago Sky basketball team in the WNBA, was fined $5,000 for lobbying Mayor Lori Lightfoot without registering. Alter emailed first lady Amy Eshleman in December to ask for the mayor’s help obtaining a gambling license for his team. In the email, Alter noted he previously discussed the issue with Lightfoot. Lobbyists are required to register with the city and report contact with city departments. Alter has not registered as a lobbyist in Chicago dating back to 2013.
Illinois – Ethics Bill Clears Illinois House on Second Try, Will Head Back to Governor
Journal Gazette and Times-Courier – Peter Hancock (Capitol News Illinois) | Published: 9/9/2021
The Illinois House voted to accept changes to an ethics bill that Gov. J.B. Pritzker requested, paving the way for it to become law once the governor signs it. Senate Bill 539 cleared both chambers during the spring session. It contained enough reforms, such as increased financial disclosure requirements and limits on the ability of elected officials to lobby other units of government, so many lawmakers believed it was the best they could get at the time. But a few weeks after it passed, Legislative Inspector General Carol Pope submitted her intent to resign, saying the bill would weaken her office by limiting the types of investigations she could conduct.
Illinois – Ethics Board Finds Probable Cause Ald. Gardiner Violated Ethics Ordinance Twice
WTTW – Heather Cherone | Published: 9/15/2021
The Chicago Board of Ethics found there is probable cause to believe Ald. Jim Gardiner violated the city’s ethics ordinance by using his office to retaliate against his political foes. Gardiner will have a chance to challenge the board’s determination, which could result in fines ranging between $200 to $5,000 per violation. The finding adds to the beleaguered alderman’s woes. It was reported that Gardiner is under federal investigation for allegedly accepting bribes and demanding payments before taking official actions.
Kentucky – Woman Pleads Guilty to Lying About Boss’s Lexington Council Campaign Donation Scheme
MSN – Jeremy Chisenhall (Lexington Herald-Leader) | Published: 9/15/2021
Elizabeth Stormbringer pleaded guilty to perjury and lying to the FBI in a scheme to circumvent campaign finance laws in a Lexington City Council race. Officials at the time were investigating potential campaign finance crimes committed by her boss at a real estate development company. She also admitted to lying under oath while she testified before the grand jury. Investigators discovered she made a $1,000 donation to a council candidate in 2018 and then received a $1,000 check from her boss, Timothy Wellman. He was an executive at CRM Companies who had a development project the council considered.
Louisiana – Former State Parks Employee Fined for Violating Ethics Laws
KATC – Staff | Published: 9/13/2021
The Louisiana Board of Ethics fined a former parks employee $26,000 after finding he accepted payments from production companies filming in his park in violation of state law. Arthur Schick worked for an agency within the Louisiana Department of Culture, Recreation, and Tourism. The board found he received a total of $13,000 in compensation from various film production companies between 2015 and 2017. When a production company signs an agreement to use a park, they pay a damage fee to cover any costs incurred by their work. The board said Schick was adding on a “site rep” fee, and he was depositing that in his own bank account.
Maryland – Maryland Elections Officials Ask Michael Steele to Prove He’s Following Campaign Law
MSN – Pamela Wood (Baltimore Sun) | Published: 9/14/2021
Michael Steele, the former Maryland lieutenant governor who is contemplating a run for governor, must disclose information about his exploratory campaign to show he is not violating campaign finance laws. The Maryland State Board of Elections sent a letter to Steele requesting the details by October 11. It came in response to a complaint that Steele was improperly using a federal account to raise and spend money for a future state campaign in Maryland.
Massachusetts – Campaign Finance Reform Pitched as Way to Diversify Candidate Pool
WWLP – Chris Lisinski (State House News Service) | Published: 9/15/2021
Lawmakers are again pushing to add childcare to the list of allowable campaign finance expenses in Massachusetts, buoyed by a legislative commission’s endorsement of the change last year, a growing list of more than a dozen states that have already deployed similar reforms, and the possibility that a new top campaign finance regulator will embrace the proposal. A bill before the Election Laws Committee would explicitly allow candidates to use their campaign accounts to cover childcare costs while the parent is occupied with running for office.
Massachusetts – Former Top House Democrat Sentenced to 15 Months in Prison for Fraud
WWLP – Matt Murphy (State House News Service) | Published: 9/15/2021
A federal judge sentenced former Massachusetts Rep. David Nangle to 15 months after Nangle pleaded guilty earlier this year to illegally using campaign funds to fund a lifestyle that included golf club memberships and casino trips to Connecticut and lying to banks about his debt to obtain mortgages and other loans. Prosecutors said during the period covered by their investigation, Nangle was heavily in debt and gambling at various casinos, using campaign funds to rent cars to travel to casinos and even paying someone at Mohegan Sun to collect his winnings so he did not have to pay income taxes.
Massachusetts – Wu and Essaibi George Will Advance as Top Candidates in Historic Race for Boston Mayor
MSN – Emma Platoff (Boston Globe) | Published: 9/15/2021
Michelle Wu and Annissa Essaibi George, two daughters of immigrants and longtime Boston City Council members who have struck dramatically different tones on the campaign trail to become the city’s next mayor, are advancing to November’s general election. Either would be the first woman of color Boston has ever elected mayor, a historic shift. But the contest between them will nonetheless test the city’s appetite for change.
Michigan – FBI Seized Towing Docs, Electronics and Records for Benson Aide During Detroit City Hall Raid
Detroit News – Robert Snell and Sarah Rahal | Published: 9/14/2021
FBI agents investigating Detroit City Hall corruption seized electronics, towing paperwork, shredded documents, and payroll records for Emberly Vick, an aide of Detroit City Councilperson Scott Benson, during a recent raid. The document confirms media reports that said the corruption investigation was focused on Detroit towing operations in what amounts to the broadest public corruption probe in the eight years since former Mayor Kwame Kilpatrick was convicted of racketeering conspiracy. Vick has not been charged with any wrongdoing.
New Jersey – Activist Assails ELEC for Deleting Dismissed Campaign Finance Complaints from Its Website
Politico – Matt Friedman | Published: 9/14/2021
The New Jersey Election Law Enforcement Commission (ELEC) has for years quietly been disposing complaints against politicians it dismissed by deleting them from its website. Now, after an activist whose tips to the commission led to multicount complaints against two Democrats noticed those complaints were dismissed with no public justification and little public disclosure, ELEC said it is taking that policy “under advisement.”
New Mexico – Gonzales Shifts Course, Turns to Private Donors
Albuquerque Journal – Jessica Dyer | Published: 9/14/2021
Hours after losing another round in his prolonged legal fight for public campaign financing, Bernalillo County Sheriff Manuel Gonzales said he will try a new tack in the 2021 mayor’s race in Albuquerque. Gonzales said he would turn to private donors for support, forgoing his quest to get taxpayer money for his campaign. The decision concludes his monthslong battle over $600,000 in public campaign cash. Gonzales’ battle sustained a blow when a state judge ruled City Clerk Ethan Watson had taken the appropriate actions necessary to deny Gonzales the taxpayer money and rejected Gonzales’ claims that Watson was biased.
New York – Hochul Leaves Door Open to Probe of Cuomo Campaign Spending
Albany Times Union – Joshua Solomon | Published: 9/9/2021
New York Gov. Kathy Hochul is leaving the door open for a potential investigation into how former Gov. Andrew Cuomo is spending roughly $18 million of campaign cash after he resigned from office in the wake of an investigation that found he sexually harassed multiple women. The response comes as watchdogs are calling for the state Board of Election chief enforcement officer Michael Johnson to investigate Cuomo’s spending from his campaign account. Common Cause filed a formal complaint with the Board of Elections.
New York – James Says JCOPE Leak Referral Was Improper
Albany Times Union – Chris Bragg and Joshua Solomon | Published: 9/14/2021
New York Attorney General Letitia James informed the Joint Commission on Public Ethics (JCOPE) that her office will not presently be able to investigate the leak of confidential information to then-Gov. Andrew Cuomo in 2019. JCOPE had passed a motion seeking to make a criminal referral to James’ office, which asked for an investigation into the apparent leak. In her letter, James cited the state law creating JCOPE, which created much-criticized special voting rules that can serve to protect politicians from scrutiny.
North Carolina – NC Lawmakers Turn to Funding Once Ruled Unethical. Are Their $14,000 Salaries the Cause?
MSN – Lucille Sherman (Raleigh News and Observer) | Published: 9/13/2021
Last fall, North Carolina lawmakers repealed a rule that barred lawmakers from collecting state money to cover food, lodging, and travel while working at the General Assembly and simultaneously using campaign accounts to pay for the same housing, meals, and travel in Raleigh, a practice that a campaign watchdog has described as “double dipping.” The move protected at least two lawmakers who had continued to use campaign funds for housing while collecting the state per diem stipends for food and lodging, between May and October last year. This year, about a dozen lawmakers have used both sources of funding.
Pennsylvania – Pennsylvania GOP Lawmakers Approve Wide-Ranging Subpoenas for Personal Information of 2020 Voters
MSN – Elise Viebeck and Rosalind Helderman (Washington Post) | Published: 9/15/2021
Republican lawmakers in Pennsylvania authorized a series of broad subpoenas for personal information on voters as part of an expanding effort to review the results of the 2020 election. The move drew a sharp rebuke from Democrats, who described the effort as insecure and unwarranted, said they would consider mounting a court fight. Among other requests, Republicans are seeking the names, dates of birth, driver’s license numbers, last four digits of Social Security numbers, addresses, and methods of voting for millions of people who cast ballots in the May primary and the November general election.
Tennessee – Tennessee Valley Authority Accused of Funding ‘Dirty Energy Lobbyists’
Courthouse News Service – Rosana Hughes | Published: 9/9/2021
In a federal lawsuit, a coalition of environmental conservation groups are seeking to force the Tennessee Valley Authority (TVA) to address a petition to regulate the agency’s spending, alleging the public utility funds “dirty energy lobbyists” with customer money. The coalition sifted through the TVA’s financial and other public records and counted hundreds of third-party organizations, such as the Edison Electric Institute, that receive TVA dollars. Those organizations, the conservationists say, “routinely make political donations, engage in legislative lobbying, … and pursue other forms of political advocacy that promote fossil fuel interests ….”
Texas – Austin ISD Stands by Hire of Ex-State Official Who Resigned Amid Ethics Allegations
MSN – Nicole Foy (Austin American-Statesman) | Published: 9/10/2021
Austin Independent School District leaders say they are standing behind the decision to hire as general counsel a former state government official who resigned in 2017 amid allegations of ethics violations. The district hired Stuart Bowen, a lawyer and former Texas Health and Human Services inspector general, as its general counsel in August. Bowen in 2017 was forced to resign his position as the state’s top insurance fraud investigator after allegations arose that he was also working for a lobbying firm that represents the Iraqi government.
Texas – Texas Governor Signs Bill Prohibiting Social Media Giants from Blocking Users Based on Viewpoint
MSN – Cat Zakrzewski (Washington Post) | Published: 9/9/2021
Texas Gov. Greg Abbott signed a bill that would prohibit large technology companies from blocking or restricting people or their posts based on their viewpoint, setting the stage for a legal battle with the tech industry. The law applies to social media companies with more than 50 million monthly active users in the U.S., including Facebook, Twitter, and Google’s YouTube, and requires them to create reports on any illegal or potentially policy-violating content, as well as build a complaint system, where people could challenge companies’ decisions to remove content or flag illegal activity.
Virginia – Campaign Funds Can Be Used for Child Care, Virginia AG Says
Virginia Mercury – Graham Moomaw | Published: 9/10/2021
Attorney General Mark Herring said candidates in Virginia can use campaign funds to pay campaign-related child-care expenses, an opinion that puts the state in alignment with federal election rules but has little immediate impact due to Virginia’s anything-goes campaign finance system. Proponents of the child-care exemption say it gives parents of young children, particularly women, more freedom to run for office without worrying about a hit to their family budget.
Wisconsin – How Wisconsin Is Ruled by a Shadow Governor
Yahoo News – Daniel Vock (Politico) | Published: 9/15/2021
For nearly three years, Wisconsin Assembly Speaker Robin Vos has used his GOP majority, and the support of the Republicans who control the state Senate, to block, thwart, or resist almost every significant move made by Democratic Gov. Tony Evers. Governors asserted unprecedented powers in the early days of the coronavirus pandemic, and lawmakers in many states chafed at the broad executive reach. But few have done more to constrain gubernatorial power than Vos, the president of the National Conference of State Legislatures.
September 10, 2021 •
News You Can Use Digest – September 10, 2021
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National/Federal A Pro-Trump Group Organizing a DC Rally for Jan. 6 Defendants Lost Its Tax-Exempt Status – but Is Still Claiming Donations Are Tax-Deductible Yahoo News – Charles Davis (Business Insider) | Published: 9/8/2021 A group founded by a former Trump […]
National/Federal
A Pro-Trump Group Organizing a DC Rally for Jan. 6 Defendants Lost Its Tax-Exempt Status – but Is Still Claiming Donations Are Tax-Deductible
Yahoo News – Charles Davis (Business Insider) | Published: 9/8/2021
A group founded by a former Trump campaign staffer that is organizing a rally on behalf of January 6 defendants is soliciting “tax-deductible” contributions despite losing its tax-exempt status last year. According to its website, Look Ahead America is a “non-profit organization” founded by Matt Braynard, a former data analyst on the 2016 Trump campaign. Although ostensibly non-partisan, it has clear and avowed sympathies, On September 18, it is organizing what it calls a “#JusticeForJ6” rally at the U.S. Capitol, conflating those arrested for taking part in the pro-Trump January 6 riot with “political prisoners.”
Corporate Boards, Consulting, Speaking Fees: How U.S. generals thrived after Afghanistan
MSN – Isaac Stanley-Becker (Washington Post) | Published: 9/4/2021
The failure of the American mission in Afghanistan became deadly apparent when the Afghan army collapsed as the Taliban took control. But the generals who led the mission – including McChrystal, who sought and supervised the 2009 American troop surge – have thrived in the private sector since leaving the war. They have amassed influence within businesses, at universities, and in think tanks, in some cases selling their experience in a conflict that killed an estimated 176,000 people, cost the U.S. more than $2 trillion, and concluded with the restoration of Taliban rule.
Encryption Poised to Hamper Jan. 6 Investigators’ Phone Records Push
Yahoo News – Nicholas Wu (Politico) | Published: 9/8/2021
The congressional panel investigating the January 6 insurrection escalated its inquiry, sending dozens of requests to social media and telecommunications companies asking them to hold onto individuals’ communications data related to attempts to overturn the 2020 election and the Capitol siege. Several of the companies that received preservation requests said they would comply to the best of their ability. But the encryption used on many of those services will limit the amount of data the select committee is able to gather if it does make a formal request or issue a subpoena for the actual messages, experts say.
Ethics Panel Announces Four Investigations
MSN – Chris Marquette (Roll Call) | Published: 9/7/2021
The U.S. House ethics committee announced it is investigating four members: Tom Malinowski (D-N.J.), Mike Kelly (R-Pa.), Jim Hagedorn (R-Minn.), and Alex Mooney (R-W.Va.). The cases were investigated by the Office of Congressional Ethics (OCE), which concluded that in each case there was a substantial reason to believe a violation occurred. The OCE is a fact-finding office and, unlike the ethics committee, cannot discipline members or issue subpoenas.
Fears of Critical Race Theory Unleash Army of School Board Candidates
Yahoo News – Daniel Payne (Politico) | Published: 9/8/2021
Tapping into the trickle-up anger over teaching about systemic racism is now a unifying force in campaigns for Congress, governor, and among Republicans with presidential ambitions. But it is the local school board races – outside the spotlight, in elections that attract just a few hundred voters – that may define what students learn for years to come. The movement has the potential to build a stronger GOP as once-uninvolved conservative candidates flood local government and party races, seeking a platform to fight critical race theory and other culture war issues. While such elections are often nonpartisan, the Republican Party sees an opportunity to build a pipeline of new candidates.
Georgia Rep. Marjorie Taylor Greene Fined $2,500 for Failing to Wear Mask on House Floor
MSN – Chelsey Cox (USA Today) | Published: 9/9/2021
U.S. Rep. Marjorie Taylor Greene was fined for flouting a mask mandate on the floor of the House. The fine is part of an ongoing battle over COVID-19 restrictions as the delta variant surges, with many conservatives, including members of Congress, stridently resisting masks and other measures. Notice of the fine was posted by the House ethics committee when Greene did not submit an appeal within an approved time frame. Greene was fined for the same offense on May 20 and her initial appeal was not approved by the committee.
Human Rights Campaign President Fired After Helping to Advise Cuomo
MSN – Brian Pietsch and Michael Scherer (Washington Post) | Published: 9/7/2021
The president of the Human Rights Campaign (HRC), the nation’s largest LGBTQ rights group, was fired over his involvement advising former New York Gov. Andrew Cuomo’s response to sexual assault allegations. State Attorney General Letitia James found David, a onetime lawyer in the governor’s office, had been consulted by Cuomo’s staff on a letter the governor helped draft to undermine the harassment allegations of Lindsey Boylan, Cuomo’s first accuser. While leading the HRC, David suggested changes to the never-released Boylan letter, which was later leaked to reporters.
New Texas Voting Bill Deepens Growing Disparities in How Americans Can Cast Their Ballots
MSN – Elise Viebeck (Washington Post) | Published: 9/6/2021
Red and blue states are increasingly moving in opposite directions on how millions of Americans can cast their ballots, exacerbating a growing divide as Republicans in states across the country, most recently Texas, impose new voting restrictions, while Democrats in others expand access. The conflicting trends are widening the disparities in election policy in the wake of the 2020 election, with Republicans heeding former President Trump’s calls to tighten rules and Democrats moving to make permanent many voting policies that helped turnout soar during the pandemic.
Proponents of Post-Trump Curbs on Executive Power Prepare New Push
Yahoo News – Charlie Savage (New York Times) | Published: 9/9/2021
As Donald Trump’s norm-busting presidency careened through two impeachments, his departure set the stage for lawmakers to impose new limits on executive power like the period after Watergate and the Vietnam War. But nearly nine months after Trump left the White House, the legal rules that govern the presidency have yet to be tightened. Would-be reformers, sensing the window for change might close soon, are preparing a major push, one the Biden White House is eyeing warily.
Trump-Appointed Ambassador Directed Government Business to His Hotel, Emails Show
MSN – Amy Wang and David Fahrenthold (Washington Post) | Published: 9/3/2021
Kelly Craft, who was appointed to two ambassadorships under former President Trump, directed government business to Trump’s hotel in Washington, D.C. while in office, emails show. It was not the first time Craft showed an affinity for the hotel owned by Trump’s company. According to the emails, Craft stayed at the Trump International Hotel multiple times while in Washington.
White House Asks Several Trump Appointees to Resign from Military Service Academy Boards
MSN – Felicia Sonmez (Washington Post) | Published: 9/8/2021
The White House said it asked a number of Trump administration appointees to resign their positions on the advisory boards at military service academies, arguing the move was about qualifications, not politics. Among the 11 officials are former White House counselor Kellyanne Conway and former White House Press Secretary Sean Spice. Asked whether the White House was concerned the move might risk politicizing positions that have traditionally been nonpartisan roles spanning administrations, Press Secretary Jen Psaki reiterated that the president’s primary concern was an appointee’s qualifications and values.
From the States and Municipalities
Alaska – Alaska Supreme Court Confirms an End to 2 Limits on Cash in Political Campaigns
Yahoo News – James Brooks (Anchorage Daily News) | Published: 9/3/2021
In a pair of rulings, the Alaska Supreme Court confirmed that two state limits on spending during political campaigns are unconstitutional and cannot be enforced. The justices said the state cannot limit political contributions to third-party groups because of the U.S. Supreme Court’s decision in Citizens United. The other ruling confirms a summary order issued that overturned a one dollar-per-signature limit on payments to those who gather signatures for ballot measures.
Arizona – Trump Helped Bankroll Senate Audit, Texts Suggest
Arizona Capitol Times – Dillon Rosenblatt and Kyra Haas | Published: 8/31/2021
Former President Trump may have offered to help pay for Arizona election audit that supporters hope will reverse his election loss, according to records. In an April text exchange with audit spokesperson Randy Pullen, Trump campaign official and former Arizona Treasurer Jeff DeWit offered to send $175,000 to the Guardian Defense Fund, a “dark-money” group run by Rep. Mark Finchem, where Pullen serves as treasurer. It is unclear if Trump’s money eventually made it to the audit. The Senate’s contractor, Cyber Ninjas, announced it raised more than $5.6 million from five different nonprofit organizations, but did not share the original donors.
California – Bell City Manager, Ex-State Senator, Developer Charged in Corruption Case
Yahoo News – Richard Winston (Los Angeles Times) | Published: 9/3/2021
Prosecutors said four men have been charged in connection with the embezzlement and misappropriation of millions of dollars in public funds that were supposed to be used to study whether a solar farm was suitable on land to be purchased by the City of Industry. Paul Philips, the former manager of the City of Industry, former state Sen. Frank Hill, attorney Anthony Bouza, and William Barkett, the developer of the solar project, were charged. The City of Industry advanced $20 million to Barkett’s company to build a 450-megawatt solar project. But it never broke ground, and the money was never paid back. Though some of the allocated money was paid to other vendors, Barkett is accused of spending about $8.3 million on personal items.
California – Favors Aren’t Bribes, Say Ex-LA Councilman’s Attorneys
Los Angeles Daily Breeze – Fred Shuster (City News Service) | Published: 9/8/2021
Attorneys for Jose Huizar filed papers arguing the bribery case against the ex-Los Angeles City Councill member should be tossed because the alleged conduct does not violate laws cited in the 41-count federal racketeering indictment. Huizar, the central figure in a six-year probe of suspected corruption at City Hall, and his associates were allegedly involved in a $1.5 million “pay-to-play” scheme in which real estate developers were shaken down for cash and campaign donations in exchange for help getting building projects through the city’s approval process.
California – Fears Rise Over Disinformation in California’s Recall Election
MSN – Reid Wilson (The Hill) | Published: 9/8/2021
Conspiracy theorists who once spread baseless allegations and disinformation about the results of the 2020 elections have turned their attention to the recall election targeting California Gov. Gavin Newsome in an effort that watchdogs say is meant to further undermine faith in the nation’s electoral system. But less than a year after technology giants came under pressure to monitor and squelch disinformation related to last year’s elections, groups dedicated to fighting conspiracy theories say the companies are letting bad actors run free.
Illinois – Republicans Upend Democratic Efforts to Show They’re Serious About Ethics Reform in Springfield
MSN – Dan Petrella (Chicago Tribune) | Published: 9/3/2021
In a move that appeared to catch majority Democrats by surprise, Illinois House Republicans rejected an ethics proposal tweaked by Gov. J.B. Pritzker and are using the resignation of the General Assembly’s top watchdog to push for what they argue are more meaningful anti-corruption measures. The ethics package, crafted in response to an ongoing federal corruption probe that has swept from Chicago City Hall to Springfield, now faces long odds of becoming law and Democrats who control state government risk losing a chance to show they are taking steps to root out corruption.
Maine – Portland Councilor, a Plaintiff in Lawsuit Against the City, Won’t Recuse Herself from Dispute
Portland Press Herald – Randy Billings | Published: 9/3/2021
Portland City Councilor April Fournier said she will not recuse herself from discussions about a lawsuit that clean-elections advocates filed against the city, even though she is named as a plaintiff in the case. The issue emerged as the council considered how to respond to a court’s request for formal “findings of fact” to explain why it rejected a petition to place a public campaign financing proposal on the ballot in 2019. The council decided such a change to the city’s charter would require a lengthy review process before it could go to voters. Fournier, who was not a councilor at the time, was one of 13 residents to sign on with Fair Elections Portland as plaintiffs in a lawsuit challenging that decision.
Massachusetts – Former Mayor Jasiel Correia Could Owe Over $566,000 in His Fraud and Extortion Case
Herald News – Dan Medeiros | Published: 9/8/2021
The federal government has finished totaling up his tab, and they want former Fall River Mayor Jasiel Correia to repay $566,740 he illegally obtained from investors in his smartphone app and extorted from people looking to open marijuana businesses in Fall River. In May, Correia was found guilty of 21 counts of wire fraud, tax fraud, extortion, and conspiracy conducted both before and during his tenure as mayor.
Michigan – FBI Contacted Wayne County Campaign Finance Office Amid Raids on Detroit City Hall
MSN – Joe Guillen (Detroit Free Press) | Published: 9/8/2021
The FBI contacted the Wayne County clerk’s campaign finance office around the time federal agents searched Detroit City Hall in August as part of an ongoing public corruption investigation. While the exact timing and nature of the FBI’s contact is unclear, investigators’ interest in the county clerk’s office could be a new wrinkle in the corruption investigation of several sitting city council members.
Michigan – Pro-Trump Lawyers Face $200,000 Legal Bill for ‘Frivolous’ Election Case
Yahoo News – Jan Wolfe (Reuters) | Published: 9/8/2021
Michigan officials demanded that lawyers who unsuccessfully sued to overturn former President Trump’s election defeat in the state pay about $200,000 to reimburse for legal fees and related costs. U.S. District Court Judge Linda Parker has ruled state and local election officials in Michigan were entitled to reimbursement of their legal fees but has not yet determined the exact amount. The judge will now review the request to determine if it is reasonable.
Michigan – Time’s Up in Ex-Romulus Mayor Probe Despite New Evidence
PressReader.com – George Hunter (Detroit News) | Published: 9/4/2021
Michigan State Police recently received new evidence in connection with an 11-year-old corruption investigation that, according to public records, focused on former Romulus Mayor Alan Lambert, but the probe was not reopened because the statute of limitations on possible criminal charges expired. Lambert, who served as mayor from 2001 to 2013 and is seeking to regain the position in November, has never been charged with a crime. The probe focused on allegations Lambert forced business owners to pay for political favors and purchase tickets to fundraisers, as well as questions about a money trail involving a Florida real estate transaction.
Montana – How a Small Town Silenced a Neo-Nazi Hate Campaign
Yahoo News – Elizabeth Williamson (New York Times) | Published: 9/5/2021
Richard Spencer once boasted he stood at the vanguard of a white nationalist movement emboldened by Donald Trump. But leaders in Whitefish, Montana, say Spencer, who once ran his National Policy Institute from his mother’s summer house in the town, is now an outcast. His organization has dissolved, and he is facing trial in over his role in the deadly 2017 neo-Nazi march in Charlottesville. Residents of Whitefish, who joined with state officials, human rights groups, and synagogues, say their bipartisan counteroffensive could hold lessons for others in an era of disinformation and intimidation, and in the wake of the January 6 Capitol riot.
Montana – Native Transgender Lobbyist Sues Conservative News Website for Libel
Missoula Current – Darrell Ehrlick (Montana Standard) | Published: 9/7/2021
Adrian Jawort, a transgender lobbyist for Montana Native Voice, is suing the Montana Daily Gazette for claiming she cornered a state senator and Montana Family Foundation President Jeff Laszloffy, who escorted the senator to the sergeant-at-arms for his protection. Jawort denied the allegations and asked the newspaper to remove the written account of the alleged incident and correct the reporting. The Daily Gazette refused to do so. Jawort filed a lawsuit, claiming the publication damaged her ability to do her job and asked for $250,000 in damages.
New Mexico – Gonzales Denied Public Campaign Funding for the Second Time
Albuquerque Journal – Jessica Dyer | Published: 9/2/2021
For the second time in about two months, the Albuquerque city clerk rejected Bernalillo County Sheriff Manuel Gonzales’ application for about $600,000 in public money to run his mayoral campaign. Ethan Watson – whose initial denial on July 9 sparked a series of appeals, hearings, and court filings, wrote he would not certify Gonzales for the money because Gonzales violated city code and related regulations while trying to qualify for the funds. The sheriff’s campaign manager said Watson is biased.
New York – A Deputy Mayor in New York Had a Stash of Weapons and Fake FBI Badges with His Name and Photo on Them, Feds Say
MSN – Andrea Salcedo (Washington Post) | Published: 9/8/2021
When authorities executing a search warrant descended into the basement of Brian Downey’s home, they discovered more than a dozen firearms displayed on a black wall, federal agents said. As officers continued searching the home of the deputy mayor of Airmont, New York, they found a sawed-off shotgun in a closet and an illegally modified short-barrel rifle. They also discovered fake badges that bore Downey’s name from various agencies, including the Drug Enforcement Administration, the Justice Department’s Bureau of Prisons, and the FBI.
New York – After Cuomo Scandals, NY Lawmakers Tout Need for Recall Option
Press-Republican – Joe Mahoney (CNHI News Service) | Published: 9/8/2021
Up until a month ago, New York and California were both states with governors in deep political hot water. But with Andrew Cuomo having resigned on his own as New York’s chief executive, a major difference in how the two states can deal with issues relating to competency in public office is now in focus: Californians have the power to recall leaders at the ballot box, while New Yorkers do not. Some New York lawmakers are desirous of changing the status quo, proposing what could be a heavy lift at the statehouse.
New York – Ethics Agency Subpoenaed in Investigation of Cuomo’s Book
Alton Telegraph – Chris Bragg (Albany Times Union) | Published: 9/8/2021
New York Attorney General Letitia James’ office issued a subpoena to the Joint Commission on Public Ethics for its records on former Gov. Andrew Cuomo’s book chronicling his administration’s early response to the coronavirus pandemic. The subpoena was issued in connection with a criminal investigation that the attorney general is conducting into whether Cuomo’s use of government workers to assist him in writing the book violated any laws. It signals the investigation into Cuomo’s and his staff’s potential misuse of government resources for private gain is entering a phase beyond interviews and gathering publicly available records.
New York – Ex-Cuomo Aide, Founding SUNY Poly President See Convictions Upheld in Appeals Court
Minneapolis Star Tribune – Larry Neumeister (Associated Press) | Published: 9/8/2021
The conviction of one of ex-New York Gov. Andrew Cuomo’s top aides, Joseph Percoco, for fraud and accepting bribes was affirmed by a federal appeals court, as was the separate conviction of founding SUNY Polytechnic Institute President Alain Kaloyeros. The appeals court also upheld the conviction of Steven Aiello, a real estate executive who was sentenced to three years in prison for his role in funneling bribes to Percoco to gain his influence in an ambitious Buffalo Billion development project aimed at encouraging economic development upstate.
New York – Facebook Mum on Staffer Who May Have Broken Law Advising Cuomo on Sex Harass Claims
New York Post – Theo Wayt | Published: 9/8/2021
Facebook communications manager Dani Lever was part of New York Gov. Andrew Cuomo’s “inner circle” of confidantes who helped plan the then-governor’s response to allegations of sexual misconduct. She joined Facebook in August 2020 after having worked in the governor’s press office since 2014. Legal experts say Lever’s role advising Cuomo likely put Facebook in violation of New York state’s lobbying law. The law bans registered lobbyists from giving gifts worth more than $15 to public officials and Facebook has been a registered lobbyist in New York state since at least 2019.
New York – Trump Tower’s Key Tenants Have Fallen Behind on Rent and Moved out. But Trump Has One Reliable Customer: His own PAC.
MSN – Shayna Jacobs, David Fahrenthold, Jonathan O’Connell, and Josh Dawsey (Washington Post) | Published: 9/3/2021
As Trump Tower dealt with imploding tenants, political backlash, and a broader, pandemic-related slump in Manhattan office leasing since last year, it has been able to count on one reliable, high-paying tenant: former President Trump’s own political operation. Starting in March, one of his committees, Make America Great Again PSC, paid $37,541.67 per month to rent office space on the 15th floor of Trump Tower, a space previously rented by his campaign. A person familiar with Trump’s PAC said its staffers do not regularly use the office space. Also, for several months, Trump’s PAC paid the Trump Organization $3,000 per month to rent a retail kiosk in the tower’s lobby, even though the lobby was closed.
North Carolina – Cooper Vetoes Restrictions on NC Nonprofit Donor Disclosure
MSN – Associated Press | Published: 9/4/2021
Gov. Roy Cooper vetoed legislation that would prohibit the public disclosure of donors to North Carolina-based nonprofits, calling the measure unneeded. Republicans who sent the bill to his desk said the restrictions would protect the free-speech and free-association rights of donors. Other bill supporters say the identifying information could be used by those who wish to harass donors for their viewpoints on social issues.
North Carolina – NC Elections Board Fines Political Campaigns Combined $330K for Late or Missing Finance Reports
WCNC – Nate Morabido | Published: 9/7/2021
Some of the most recognizable campaigns in North Carolina failed to meet deadlines to disclose who donated to their cause and how they spent that money. Hundreds of those campaigns now owe hefty fines as a result. Records show the State Board of Elections already assessed a combined $330,000 in penalties to campaigns this year alone for filing their 2020 routine campaign finance paperwork late or failing to file those reports altogether.
Ohio – FBI Suspected Dayton Mayor Whaley of Bribery in 2014, Court Documents Show
MSN – Jake Zuckerman (Ohio Capital Journal) | Published: 9/8/2021
The FBI suspected Dayton Mayor and gubernatorial candidate Nan Whaley in 2014 of accepting cash bribes from a city contractor, according to search warrant applications. Whaley was not charged with any crime. The warrants detail sworn statements from FBI agents to a federal judge outlining their suspicion of impropriety. In both instances, federal magistrates found probable cause to grant the warrants. In the documents, agents told the judge a controller for demolition company Steve Rauch Inc., which pleaded guilty last year to a charge of conspiracy to engage in mail fraud regarding subcontracting work, said in recorded phone calls with another company official that Whaley accepted cash bribes from Rauch on multiple occasions.
Ohio – Most Cleveland Mayoral Candidates Won’t Disavow ‘Dark Money’ Spending
MSN – Seth Richardson (Cleveland Plain Dealer) | Published: 9/8/2021
Outside money has taken hold in the Cleveland mayoral race. Its prevalence has intensified as early voting continues for the September 14 primary with what appears to be a competitive race between seven candidates to succeed retiring Mayor Frank Jackson. Many of the groups are independent expenditure committees, meaning they can raise and spend an unlimited amount of money. The committees will eventually have to disclose their donors, though there are ways of complicating those disclosures to shield donors’ identities. Only two candidate said they outright disavowed any outside spending.
Pennsylvania – ‘Unfortunate but Necessary’: Anthony Hamlet to resign as Pittsburgh Public Schools superintendent
Pittsburgh Post-Gazette – Andrew Goldstein | Published: 9/8/2021
Pittsburgh Public Schools Superintendent Anthony Hamlet, who has faced increasing criticism in recent weeks, said he will resign effective in October. Hamlet has come under fire after the state Ethics Commission found he improperly received travel reimbursements, accepted payments for appearances related to his job, and incorrectly filed financial documents. He has defended his actions, arguing the report showed he was negligent but had no willful intent of wrongdoing. Robert Caruso, executive director of the Ethics Commission, noted Hamlet’s conduct over several years was “an egregious violation of the public trust.”
Rhode Island – Governor’s Former Chief of Staff Faces Fine Over Unregistered Construction Company
MSN – Edward Fitzpatrick (Boston Globe) | Published: 9/3/2021
Days after resigning as chief of staff to Gov. Dan McKee, Anthony Silva has been slapped with a $1,000 fine by the state’s Department of Business Regulation (DBR) for building a home on land in Cumberland without the required contractor registration. The DBR’s investigation was one of three into Silva’s activities during the time he was chief of staff, first in the lieutenant governor’s office ant then in the governor’s office.
South Carolina – SC Ethics Whistleblowers Are Bound by Gag Orders. A Lawsuit Will Challenge That.
Charleston Post and Courier – Avery Wilks | Published: 8/31/2021
In South Carolina, whistleblowers who want to file an ethics complaint against a public official are first sworn to secrecy. They cannot talk about their allegations until the State Ethics Commission has investigated the complaint and decided what to do. Breaking the seal of secrecy is a misdemeanor that carries a fine of $1,000 and up to a year in prison. Observers have long suspected the rules violate free-speech protections guaranteed in the U.S. Constitution. But now, a Columbia attorney is mounting a legal challenge to strike down the. gag orders for good.
Washington – Employees Who Blew Whistle on Seattle Mayor’s Missing Texts File Lawsuit Against the City
Seattle Times – Lewis Kamb and Daniel Beekman | Published: 9/3/2021
The city employees who blew the whistle about Seattle Mayor Jenny Durkan’s missing text messages sued the city, alleging they were “constructively discharged” from their jobs in retaliation for their refusal to break the public records law. In May, a Seattle Ethics and Elections Commission investigation report revealed Durkan’s texts from late August 2019 to late June 2020 had not been retained. Several high-profile lawsuits that have been filed against the city focus on decisions the mayor and other officials made in June 2020, during racial-justice protests and unrest on Capitol Hill.
Wisconsin – US Senate Candidate from Wisconsin Charged with Campaign Finance Violations
Courthouse News Service – Joe Kelly | Published: 9/7/2021
Milwaukee Ald. Chantia Lewis, who is running for a U.S. Senate seat, was charged with felony campaign finance violations and other financial misconduct. A criminal complaint alleges Lewis filed false campaign finance reports with inaccurate information on her campaign account balances, contributions. and disbursements, deposited campaign donations to her personal bank accounts, structured a campaign contribution as to avoid limit requirements, and used campaign funds for personal expenses. An embezzlement charge carries the highest penalty, which includes up to a $25,000 fine and a maximum of 10 years in prison, or both.
September 3, 2021 •
News You Can Use Digest – September 3, 2021
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National/Federal Are Censures of Politicians a Form of Free Speech or a Threat to It? New York Times – Adam Liptak | Published: 8/30/2021 Censures, which are formal reprimands and a kind of punishment, seem to be on the rise in […]
National/Federal
Are Censures of Politicians a Form of Free Speech or a Threat to It?
New York Times – Adam Liptak | Published: 8/30/2021
Censures, which are formal reprimands and a kind of punishment, seem to be on the rise in these divisive times. The U.S. Supreme Court will hear arguments this fall on whether the First Amendment has anything to say about when elected bodies can impose them on their members. The justices will have to decide whether censures condemning politicians’ statements are a threat to free speech that chills expression or a form of free speech responding to one set of views with another.
As Washington Stews, State Legislatures Increasingly Shape American Politics
New York Times – Michael Wines | Published: 8/29/2021
With the release of the 2020 census, the drawing of legislative districts that could in large part determine control of Congress for the next decade heads to the nation’s state Legislatures, the heart of Republican political power. Increasingly, state Legislatures, especially in 30 GOP-controlled states, have seized an outsize role for themselves, pressing conservative agendas on voting, Covid-19, and the culture wars that are amplifying partisan splits and shaping policy well beyond their own borders.
Capitol Riot Defendants’ Lawyer Apparently Hospitalized with Covid Leaves Clients Without Counsel, Prosecutors Say
MSN – Spencer Hsu and Rachel Weiner (Washington Post) | Published: 8/30/2021
An attorney who represents the largest number of defendants charged in the January 6 Capitol riots has dropped out of sight amid conflicting statements by associates over whether he has been hospitalized with covid-19, U.S. prosecutors told judges. Prosecutors said John Pierce has been incommunicado for the past seven days, leaving 17 clients effectively without defense counsel. The filings put a spotlight on Pierce, whose rhetoric has attracted Trump supporters facing criminal charges and whose business and legal tactics have drawn questions over whether his political or financial interests are affecting his representation of clients.
Corporate America Launches Massive Lobbying Blitz to Kill Key Parts of Democrats’ $3.5 Trillion Economic Plan
MSN – Tony Romm (Washington Post) | Published: 8/31/2021
A torrent of political groups representing some of the country’s most influential corporations is laying the groundwork for a massive lobbying campaign to stop Congress from enacting significant swaths of President Biden’s $3.5 trillion economic agenda. The emerging opposition appears to be vast, spanning drug manufacturers, big banks, tech titans, major retailers, and oil-and-gas giants. In recent weeks, top Washington organizations representing these and other industries have started strategizing behind the scenes, seeking to battle back key elements in Democrats proposed overhaul to federal health care, education, and safety net programs.
DOJ Issues Warning to States Ahead of Redistricting
MSN – Rebecca Beitsch (Roll Call) | Published: 9/1/2021
The Department of Justice issued a warning to states ahead of a year of congressional mapmaking that it will pursue cases against jurisdictions seeking to dilute the voting power of various minorities. The latest guidance signals an administration prepared to take a more aggressive approach in battling gerrymandering. The department said it would be ready to go after any jurisdiction that does not meet the “one person, one vote” principle.
Ex-UK Chancellor Philip Hammond Rapped by Lobbying Watchdog
Politico.eu – Matei Rosca and Matt Honeycombe-Foster | Published: 9/1/2021
Former British Chancellor Philip Hammond was scolded by Westminster’s lobbying watchdog for contacting high-ranking Treasury civil servants on behalf of his new employer, OakNorth, a London-based lender. The Advisory Committee on Business Appointments (ACOBA) said Hammond’s attempt to pitch OakNorth services to officials, even on a non-profit basis as far as the bank was concerned, was inappropriate. Hammond accused ACOBA of trying to prove its own relevance and challenged it to point to a specific breach of the rules governing jobs for ex-ministers.
G.O.P. Election Reviews Create a New Kind of Security Threat
New York Times – Nick Corasaniti | Published: 9/1/2021
As Republican state and county officials and their allies mount efforts to discredit the result of the 2020 contest, there has been a wave of GOP-driven reviews of the vote count conducted by uncredentialed and partisan companies or people. These reviews have given rise to their own new set of threats to the integrity of the voting machines, software, and other equipment that make up the nation’s election infrastructure. Election officials and security experts say previously unknown technical vulnerabilities could be discovered by partisan malefactors and exploited in future elections.
Jan. 6 Investigators Demand Records from Social Media Companies
Yahoo News – Nicholas Wu (Politico) | Published: 8/27/2021
The select committee investigating the January 6 insurrection is seeking records from social media companies, on whose platforms many defendants charged in the Capitol attack planned and coordinated their actions. The panel is asking all the companies to explain whether their algorithms helped spread misinformation and account for what they did to address or remove content or posts that might have spread falsehoods about the riot. It also requests information on the companies’ communications with law enforcement regarding January 6 and the election, as well as on their reporting practices.
January 6 Committee to Ask Telecommunications Companies to Preserve Phone Records of Members of Congress Who Participated in ‘Stop the Steal’ Rally
CNN – Ryan Nobles, Zachary Cohen, Annie Grayer, and Whitney Wild | Published: 8/30/2021
The House select committee investigating the January 6 riot is set to request that a group of telecommunications companies preserve the phone records of a group of Republican members of Congress and former President Trump, as well as members of the Trump family, who played some role in the “Stop the Steal” rally that served as the prelude to the insurrection at the Capitol. According to the sources, this group was targeted because the committee concluded each of these lawmakers played some role in the rally. They either attended, spoke, actively planned, or encouraged people to attend.
Lauren Boebert Removes Name from Business Filings Tied to Oil and Gas Consulting Firm Run by Her Husband
Colorado Sun – Thy Vo | Published: 9/1/2021
U.S. Rep. Lauren Boebert removed her name from business paperwork linked to the oil and gas consulting firm run by her husband after drawing scrutiny for nearly $1 million in payments it received from Terra Energy, a drilling company operating in her district. The changes, made after media reports of her ties to Boebert Consulting, distance Rep. Boebert from the two companies, which are registered to the couple’s home. But it is not clear what ownership or stake, if any, Lauren Boebert has in either company.
Seven Capitol Police Officers Sue Trump, Right-Wing Groups Over Injuries from Jan. 6 Riot
MSN – Paul Duggan and Spencer Hsu (Washington Post) | Published: 8/26/2021
Seven U.S. Capitol Police officers sued former President Trump and more than a dozen alleged participants in the January 6 riot at the Capitol, saying the defendants are responsible for the officers being “violently assaulted, spat on, tear-gassed, bear-sprayed, subjected to racial slurs and epithets, and put in fear for their lives.” The lawsuit alleges Trump, by falsely claiming the presidential election was rigged, incited a mob of his supporters to storm the Capitol to stop Congress from confirming President Biden’s victory.
Tommy Tuberville’s Stock Trades During Infrastructure Talks Raise Questions About Conflicts of Interest
Center for Responsive Politics – Isaiah Poritz | Published: 9/1/2021
In July, while the Senate was in the final weeks of negotiating the bipartisan infrastructure bill, U.S. Sen. Tommy Tuberville bought and sold between $170,000 and $475,000 in stock and options of a mining and steel manufacturing company that said it could benefit greatly from the infrastructure plan. While Tuberville ultimately voted against the bill and his spokesperson said he was not involved in negotiations, the optics of trading stock in a company that could benefit from pending legislation can be harmful, ethics experts say.
Canada
Canada – How Interested Outsiders Use ‘Third Party’ Status to Promote Causes, Influence Election
CBC – Christian Pass-Lang | Published: 8/30/2021
With an election underway, parties are officially on the hunt for the votes of Canadians, crisscrossing the country and campaigning right up to the September 20 election. To fund all that travel, advertising, and election gear, parties will be spending a lot of money. But political parties and candidates will not be the only groups spending big in the election campaign. “Third parties: are also in the mix and will be hoping to shape the political conversation and get their issue prioritized.
From the States and Municipalities
Arizona – ASU and UA Offer Lawmakers Free Tickets to Football Games; the Public Can’t Know Who Accepts Them
Infoshri.com – Alison Steinbach (Arizona Republic) | Published: 8/27/2021
The return of college football carries a perk for all members of the Legislature: free admission to every game at Arizona State University and the University of Arizona. It is part of the universities’ efforts to engage with lawmakers, build relationships, and set issues for the upcoming legislative session, university officials say. But those who monitor money and politics say the public deserves more information about the practice. Under state lobbying laws, the free tickets qualify as “special events,” not gifts. That means as long as all 90 members of the Legislature are invited, the schools do not have to report who accepted their offer.
Arizona – FBI Examining $100M Tax Refund Push by Gov. Ducey Staffers after Arizona Republic Investigation
MSN – Craig Harris (Arizona Republic) | Published: 9/1/2021
An investigation by the Arizona Republic uncovered how Gov. Doug Ducey’s administration pushed the Department of Revenue to agree to refund sales taxes on fuel for mining companies, even though that tax had been in place for decades. The companies that stood to benefit were represented by the tax firm Ryan LLC, founded by Ducey supporter G. Brint Ryan. The top three deputies in Ducey’s administration left their government jobs to work for Ryan to push for the tax refund. The FBI’s Public Corruption unit is now investigating the matter.
Colorado – Conservative Dark-Money Group Battles to Keep Its Donors Secret
Durango Herald – Sandra Fish (Colorado Sun) | Published: 8/25/2021
An administrative law judge recommended a $40,000 fine for Unite for Colorado after it spent $4 million to support or oppose three 2020 ballot initiatives, finding the group should have revealed its donors. The ruling also requires the nonprofit to file as an issue committee and reveal its donors from August 2020 through January. Unite for Colorado plans to appeal the decision. Meanwhile, progressive activists filed a new complaint against Unite for Colorado centered on the $3.7 million it has donated to two ballot initiatives likely to be considered by voters in November.
Colorado – Redistricting Lobbying Laws Violated, New Complaint Alleges
Colorado Springs Gazette – Evan Wyloge | Published: 8/24/2021
A complaint filed with the Colorado secretary of state accuses a group of secretly funded political operatives of illegally lobbying the state’s redistricting commissioners. The complaint accuses former House Speaker Frank McNulty and former lawmaker Greg Brophy of lobbying the state’s independent redistricting commissioners without formally registering as lobbyists. It also accuses political consultant Alan Philp, along with McNulty and Brophy, of failing to report payments for lobbying activity.
Florida – FEC Slaps U.S. Rep. Salazar’s Campaign for Accepting Tens of Thousands of Dollars in Illegal Contributions
Florida Bulldog – Francisco Alvarado | Published: 9/2/2021
U.S. Rep. Maria Elvira Salazar’s re-election committee has amassed $147,400 in excessive campaign contributions for her primary, according to warning letters from the FEC. The over-the-legal-limit donations include $5,700 from Abelardo de la Espriella, a Colombian lawyer and U.S. permanent resident who up until two years ago was the criminal defense attorney for a fellow countryman targeted in a Colombian money-laundering probe involving ill-gotten government contracts in Venezuela.
Florida – VancoreJones, Paid to ‘Influence Local Government,’ Failed to Register as Lobbyists
Tallahassee Reports – Steve Stewart | Published: 8/30/2021
An exhibit in the recently concluded public corruption trial in Tallahassee indicates J.T. Burnette executed a contract on November 12, 2013, with VancoreJones Communications to “influence local government agencies” related to real estate projects on behalf of TM Street, LLC. But records show no one from VancoreJones has ever registered to lobby for TM Street with the Leon County Commission, or the city of Tallahassee.
Georgia – New Georgia Campaign Finance Law Is ‘Carving a Loophole’ for Unlimited Fundraising
MSN – Elliot Davis (U.S. News and World Report) | Published: 9/1/2021
Eleven states allow candidates to raise unlimited contributions. States with unlimited financing often cite strict laws mandating disclosure and transparency to defend the embrace of money in politics. They also note their systems ensure a level playing field. But that is not the case in Georgia, critics note. Not only could the new law, described by analysts as an “incumbent protection scheme,” offer the current governor a massive advantage in a crucial race next year, but it has the possibility of being exported to other states where it could reshape the way elections are run.
Illinois – Illinois Legislators Pass Redrawn Legislative Map, Kill Ethics Bill; Energy Policy Overhaul Clears Senate
MSN – Rick Pearson and Dan Petrella (Chicago Tribune) | Published: 8/31/2021
Democrats in the Illinois General Assembly used their supermajority to push through revised boundaries for the state’s legislative districts aimed at ensuring their control in Springfield through the end of the decade. The House voted down proposed change made by Gov. JB Pritzker to an ethics package, killing the legislation. Pritzker and sponsoring lawmakers have hailed the package as an important step toward addressing pervasive public corruption in Illinois, but good-government groups and even some supporters have argued that does not go far enough.
Indiana – Lawsuit Claims Indiana Treasurer Granted Illegal Contracts
MSN – Tom Davies (Associated Press) | Published: 8/31/2021
A whistleblower is suing Indiana Treasurer Kelly Mitchell, alleging her office failed to get required approvals on contracts and made improper payments totaling more than $6.5 million, often to top contributors to her campaigns. The lawsuit filed by a former top Treasury Department staffer claims Mitchell bypassed required approvals from other state agencies in giving the contracts for lobbying and financial services without seeking competitive bids.
Michigan – Michigan GOP Cannot Use Party Fund to Back Petition Drive to Overhaul Voting
MSN – Clara Hendrickson (Detroit Free Press) | Published: 8/31/2021
The Michigan Republican Party cannot use its administrative fund to back a petition proposing major changes to voting in the state, according to a preliminary review by the Bureau of Elections. Former general counsel for the Michigan Chamber of Commerce, Bob LaBrant, raised concerns about the possibility the GOP might use its administrative fund to funnel undisclosed contributions to a petition drive that would circumvent Gov. Gretchen Whitmer’s expected veto of election bills.
Michigan – Michigan Utilities Spent Millions Electing Lawmakers Who Could Probe Outages
Energy Central – Craig Mauer (Detroit News) | Published: 8/30/2021
Michigan officeholders who are poised to investigate a wave of recent outages that spurred 1 million customers to lose power have benefited from $55 million in “political” and “civic” spending over the last five years by the state’s top utilities. Critics said the close financial connections between CMS Energy and DTE Energy and lawmakers raise doubts about state government’s ability to prevent future outages, prepare the electric system for weather that is becoming increasingly severe, and advocate on behalf of residents.
Minnesota – MN Lawmaker Cuts Off 3 Fingers in Saw Mishap; Lobbyists’ Donations Create Awkwardness
Yahoo News – Dave Orrick (St. Paul Pioneer Press) | Published: 8/31/2021
In August, Minnesota Rep. Erin Koegel lost control of a power saw and cut off three fingers on her left hand. A GoFundMe page was established to help her with child-care and other expenses while she recovers. A number of lobbyists’ names were on the donor list. That would appear to violate a state law that prohibits lawmakers from accepting most gifts worth more than five dollars from lobbyists. There are exceptions, but none appear to apply for Koegel’s situation. Speaker Melissa Hortman asked a House staffer to seek a formal opinion from the Campaign Finance and Disclosure Board.
New Mexico – Judge Reverses Decision to Deny Gonzales Funds
Albuquerque Journal – Jessica Dyer | Published: 8/27/2021
A state District Court judge reversed the Albuquerque city clerk’s decision to deny Bernalillo County Sheriff Manuel Gonzales over $600,000 in public financing for his mayoral campaign, citing a lack of due process. Judge Bryan Biedscheid said Watson could still ultimately deny Gonzales the money. To do so, however, he would need to either determine that Gonzales has been found to have violated regulations or make the finding himself after a new process he must establish that grants Gonzales due process.
New York – At JCOPE, Two More Cuomo Appointees Resign
Albany Times Union – Chris Bragg | Published: 9/1/2021
The number of former Gov. Andrew Cuomo’s appointees on the Joint Commission on Public Ethics (JCOPE) are dwindling. In the short term, that could render JCOPE unable to take action against Cuomo; in the longer term, the departures could provide the ex-governor far less protection from possible sanction. Since Cuomo announced his own resignation on August 10, three of his six appointees to the panel have resigned or stated the intention to exit the commission.
New York – Cuomo’s Legal Woes Continue, Could Cost Public at Least $9.5M
NBC News – Associated Press | Published: 8/31/2021
Resigning from office probably did not end former New York Gov. Andrew Cuomo’s legal problems, and no matter what happens next, taxpayers are likely to wind up with a hefty bill. The state has agreed to pay up to $9.5 million to lawyers representing and investigating Cuomo and his administration over sexual harassment allegations and other matters. That figure does not include the legal fees of Cuomo’s private attorney, whose bills are being paid by his campaign committee. Gov. Kathy Hochul can decide whether the state will continue to pay lawyers to defend the former governor and his administration going forward.
New York – Hochul’s First Bill Suspends State’s Open Meetings Law
Politico – Bill Mahoney | Published: 9/1/2021
Gov. Kathy Hochul’s bill extending New York’s eviction moratorium includes language that suspends the state’s Open Meetings Law. The legislation, the first of Hochul’s tenure, was due to pass a week after the governor pledged that “transparency will be the hallmark of [her] administration.” But the measure, and the rushed way in which it was logrolled through the Legislature, did not win over many transparency advocates.
New York – JCOPE Votes to Ask AG to Conduct Criminal Probe of Alleged Leak to Cuomo
Albany Times Union – Chris Bragg | Published: 8/26/2021
In a startling reversal, the New York Joint Commission on Public Ethics (JCOPE) passed a motion asking state Attorney General Letitia James to investigate whether confidential information was illegally leaked to former Gov. Andrew Cuomo in 2019. JCOPE also authorized James to conduct a criminal probe into whether the state inspector general’s office, which investigated the alleged leak to Cuomo, intentionally failed to find out the identity of the leaker and instead “covered up” the matter.
New York – NY Gov. Kathy Hochul’s Top Aide Is Married to a Lobbyist for Verizon, Google and Airbnb
CNBC – Brian Schwartz | Published: 8/26/2021
New York Gov. Kathy Hochul’s top aide is married to a lobbyist who represent clients such as Verizon, Google, and Airbnb. Hochul named Karen Persichilli Keogh, a veteran of Hillary Clinton’s U.S. Senate office and the wife of longtime lobbyist Mike Keogh, as secretary to the governor. Prior to taking her new job with Hochul, Karen Keogh was an executive at J.P. Morgan Chase, where she once held a state lobbying position. Mike Keogh has several marquee clients that have recently been trying to influence New York lawmakers and officials.
North Carolina – North Carolina General Assembly Passes Bill Limiting Nonprofit Donor Disclosure
Ballotpedia – Jerrick Adams | Published: 9/1/2021
The North Carolina Senate gave final approval to a bill that would make donations to nonprofit corporations confidential. The bill now heads to Gov. Roy Cooper. The bill’s supporters say it will protect donors from harassment or discrimination based on the organizations they choose to support. Opponents say it would decrease transparency around campaign contributions and allow politically active nonprofits to hide their donors.
North Carolina – Trump’s Pick in a Key Senate Race Touts His Agriculture Ties. He Doesn’t Mention His Role in a Bankruptcy That Cost Farmers Millions.
MSN – Michael Kranish (Washington Post) | Published: 8/31/2021
As U.S. Rep. Ted Budd launched his campaign for a pivotal U.S. Senate seat earlier this year, the North Carolina Republican pitched himself as a staunch ally of farmers. Budd’s story helped him win the support of former President Trump and the Club for Growth, a conservative political committee, has vowed to spend a record $10 million on his campaign. But as Budd has told his narrative in a state where agriculture is the largest business, he made no mention of his role in his family’s calamitous involvement in a company called AgriBioTech, which ended in a bankruptcy case that cost farmers millions of dollars in losses.
Ohio – John Raphael Avoids Prison in Greater Columbus Convention Center Bribery Scheme Sentence
MSN – Bill Bush (Columbus Dispatch) | Published: 8/26/2021
Deviating from federal sentencing guidelines, a judge gave two-time convicted public corruption figure John Raphael, once an influential Columbus City Hall lobbyist, no prison time in a bribery case. Raphael could have faced up to 20 years in prison for taking bribes to help a national food services company win a public food-service contract from the Franklin County Convention Facilities Authority, on whose board he served at the time. But U.S. District Court Judge Michael Watson, who acknowledged he grew up in the same neighborhood as the defendant and knew members of his family, sentenced Raphael to one day of prison, waived in advance, and placed him on three years of probation.
Oregon – Multnomah County Judge Rules Campaign Contribution Limits Constitutional
Oregon Public Broadcasting – Sam Stites | Published: 8/26/2021
Campaign contribution limits passed by Multnomah County voters are now able to be enforced in local elections. Circuit Court Judge Eric Bloch County ruled political donations caps do not violate free speech protected by the First Amendment. The ruling is sure to put Multnomah County back in the spotlight in terms of discussions around statewide limits on campaign donations. Oregon is one of only five states with no limits at all on contributions, despite decades of effort by campaign finance activists.
Pennsylvania – Pittsburgh Public Schools Superintendent Ordered to Pay More Than $7,000, Forfeit Vacation Days for Ethics Violations
Pittsburgh Post-Gazette – Andrew Goldstein | Published: 8/26/2021
The Pennsylvania State Ethics Commission found Pittsburgh Public Schools Superintendent Anthony Hamlet violated the law by improperly receiving travel reimbursements, getting payments for appearances related to his job, and incorrectly filing financial documents. The commission ordered Hamlet to pay close to $8,000 and forfeit 14 vacation days, valued at more than $12,000. At least some of the violations occurred during a trip Hamlet and several other district administrators took to Cuba in April 2019.
Rhode Island – Anthony Silva, McKee’s Chief of Staff, Resigns Amid Wetlands Controversy
MSN – Antonia Noori Farzan (Providence Journal) | Published: 8/30/2021
Anthony Silva, the embattled chief of staff to Rhode Island Gov. Dan McKee, resigned from his position amid an investigation into whether he used his political influence to get permission to develop a controversial wetlands property. Silva had been facing both a state Ethics Commission complaint brought forward by Republicans and an independent investigation by the attorney general’s office that was initiated at McKee’s request, amid mounting political pressure.
Rhode Island – Former RI Lottery Director Changes Mind After Registering as IGT Lobbyist
WPRI – Eli Sherman | Published: 9/1/2021
Days after former Rhode Island Lottery Director Gerald Aubin registered as a lobbyist for IGT, the state’s longtime gambling said he will not be working for the company after all. Aubin, who served as director of the state Lottery beginning in 1996, retired in 2020. He formed a new company called GSA and was listed on the secretary of state’s website as a lobbyist for IGT, a company he regulated for two decades. “… As a former gaming regulator and law enforcement official, I couldn’t get comfortable with it,” Aubin said.
Texas – GOP Legislators in Texas Give Final Approval to New Voting Restrictions, Overcoming Democratic Opposition
MSN – Eva Ruth Moravec and Elise Viebeck (Washington Post) | Published: 8/31/2021
The Texas Legislature passed the final version of a Republican bill that will implement strict new voting rules, sending it to the governor’s desk after months of intense partisan battling over how elections should be conducted in the state. The votes were a win for Gov. Greg Abbott. He had called two special legislative sessions as part of a long-running effort to pass the elections measure, which will take effect in three months. After the Senate voted, Abbott said he looks forward to signing the bill into law.
Wisconsin – Emails Show Prehn Coordinated with Republican Officials, Lobbyists as He Clings to Expired Seat
Wisconsin Examiner – Henry Redmon | Published: 8/26/2021
Fred Prehn, the chairperson of the Natural Resources Board who has generated controversy and complaints for refusing to vacate his seat after his term expired in May, coordinated and communicated with high-profile Republican officials and lobbyists as he planned to maintain the GOP’s grip on Wisconsin’s conservation policy, emails show. State Attorney General Josh Kaul filed a lawsuit against Prehn seeking to boot him from the post. Legislative leaders hired taxpayer-funded attorneys to defend Prehn.
August 27, 2021 •
News You Can Use Digest – August 27, 2021
![News You Can Use Digest – August 27, 2021](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal A Capitol Riot Suspect Was Hours Away from Sentencing. Then Prosecutors Received Video of an Assault on Police. MSN – Katie Shepherd (Washington Post) | Published: 8/19/2021 Even after Robert Reeder pleaded guilty to illegally picketing inside the U.S. Capitol […]
National/Federal
A Capitol Riot Suspect Was Hours Away from Sentencing. Then Prosecutors Received Video of an Assault on Police.
MSN – Katie Shepherd (Washington Post) | Published: 8/19/2021
Even after Robert Reeder pleaded guilty to illegally picketing inside the U.S. Capitol on January 6, he remained adamant he was innocent of the worst allegations leveled against him. Prosecutors argued Reeder actively participated in chants with rioters and egged on the aggressive crowd, though they could not show he participated in any violence. They asked a federal judge to sentence him with a fine and prison time. But new video from the riot that surfaced just before his sentencing hearing appeared to show Reeder allegedly physically grappling with a police officer.
California Republican Is Debt Free for First Time in Office. What Happened to His Creditors?
Fresno Bee – Gillian Brassil (Sacramento Bee) | Published: 8/23/2021
U.S. Rep. David Valadao claimed no liabilities for 2020 – a far cry from 2019, when he said he owed at least $16 million to various creditors, some of whom he did not disclose the identities of, in connection to one of his family’s dairy farms. The farm declared bankruptcy after Valadao and his family’s farms were sued by Rabobank, a financial services company, over unpaid loans. Maria Martinez who lives in Valadao’s district, filed an ethics complaint seeking more information about the unidentified creditors from Valadao’s previous disclosure forms. The complaint says it is unlikely the unnamed creditors were each owed less than $10,000 given the limited number of people listed in the farm’s bankruptcy filings.
DOJ Investigating One-Time Trump Campaign Adviser Over Alleged Ties to Qatar: Report
MSN – Karl Evers-Hillstrom (The Hill) | Published: 8/24/2021
Federal prosecutors are investigating whether one-time Trump campaign adviser and lobbyist Barry Bennett set up an advocacy group without disclosing its ties to Qatar. Bennett reportedly launched a group called Yemen Crisis to embarrass Qatar’s rivals – Saudi Arabia and the United Arab Emirates – amid their military campaign in Yemen. Bennett did not disclose his ties to Yemen Crisis Watch, or register the group under lobbying laws, despite receiving $250,000 from the Embassy of Qatar “for use in supporting the relief of humanitarian suffering in Yemen,” according to a Justice Department filing.
Ethics Office: Rep. Mooney tapped campaign funds for family vacations, fast food
Roll Call – Chris Marquette | Published: 8/25/2021
U.S. Rep. Alex Mooney spent thousands of campaign dollars on personal expenses, including numerous fast-food meals and family excursions to West Virginia resorts, while failing to properly report more than $40,000 in expenditures, the Office of Congressional Ethics found. Mooney’s deficient reporting to the FEC concealed additional instances of converting campaign funds for personal use, according to an OCE report. After the OCE launched the inquiry, Mooney paid his campaign back more than $12,000.
FCC Proposes Record $5 Million Fine Against Jacob Wohl, Jack Burkman for Election Robocalls
MSN – Rachel Lerman (Washington Post) | Published: 8/24/2021
The Federal Communications Commission (FCC) proposed a $5.1 million fine against two right-wing operatives known for perpetuating conspiracy theories, in one of its largest penalties to date. Jacob Wohl and Jack Burkman improperly made 1,141 election-related robocalls to cellphones without getting people’s consent first, which the law requires. The pair were charged with four felonies in Michigan last year for allegedly intimidating voters with robocalls that spread inaccurate messages about voting by mail.
Foreign Lobbyists Gave Millions to Influence 2020 Elections Amid Foreign Influence Concerns
Center for Responsive Politics – Anna Massoglia | Published: 8/19/2021
Individuals registered under the Foreign Agents Registration Act made at least $8.5 million in political contributions during the 2020 election cycle. Another $25 million came from lobbyists representing foreign clients registered under the Lobbying Disclosure Act. Foreign nationals are prohibited from contributing to political groups or campaigns to influence U.S. elections. But they can hire foreign agents or lobbyists to advocate for their interests and lobbyists who are American citizens are able to donate, even to the same lawmakers they may be lobbying on behalf of foreign clients.
House Passes Bill to Strengthen Voting Rights Act in Face of New Restrictions in GOP-Led States
MSN – Eugene Scott (Washington Post) | Published: 8/24/2021
The U.S. House passed legislation that supporters said would restore key parts of the 1965 Voting Rights Act the Supreme Court struck down in 2013. In Shelby County v. Holder, the high court’s conservative majority ruled the law’s provision for determining voter discrimination was outdated, a decision that greatly curtailed the ability of the federal government to monitor the election processes of states with a history of racism.
Internal Probe Clears Capitol Police Officer in Shooting of Ashli Babbitt
MSN – Justin Jouvenal (Washington Post) | Published: 8/23/2021
An internal investigation has cleared a U.S. Capitol Police officer of any wrongdoing in the fatal shooting of Ashli Babbitt during the siege of the Capitol on January 6. The Justice Department previously announced the officer would not face criminal charges in the killing of the 35-year-old California woman, who was shot as she tried to force her way through a set of doors deep inside the Capitol.
Jan. 6 Select Committee Probe Expands to Trump and Top Officials in a Wave of Demands
National Public Radio – Claudia Grisales | Published: 8/25/2021
The House select committee charged with investigating the January 6 attack on the U.S. Capitol has issued a wave of record requests targeting communications by former President Trump and his top officials in the lead-up to the riot. It marks the most widespread list of demands since the siege, directing letters to eight federal entities, including the National Archives and Records Administration, which is charged with maintaining records for past White House administrations. The demands could be followed by subpoenas.
From the States and Municipalities
Colorado – Ethics Commission Dismissed Complaint Against Delta County Official but Decision Is on Appeal
Denver Gazette – Marianne Goodland | Published: 8/23/2021
The Colorado Independent Ethics commission, on a tie vote, dismissed a complaint against Delta County Administrator Robbie LeValley. The complaint alleged LeValley violated the public trust by using her position to benefit her family’s business, a beef ranch. LeValley charged several purchases from Homestead Meats in 2019, which she co-owns with several other partners, for county events on her county credit card. The events in question, both tied to the county fair, required the beef being served to come from a Delta County ranch, and for that, Homestead was the only supplier.
Colorado – Incumbent Colorado Lawmaker Coached Public Testimony for Redistricting Hearings
Colorado Springs Gazette – Evan Wyloge | Published: 8/19/2021
A state lawmaker looking to protect the fortunes of his Republican caucus as Colorado’s political maps are redrawn this year held a video training earlier this summer to coach people on how to provide testimony intended to keep the incumbent legislators in power after the redistricting cycle. On the video training, Rep. Matt Soper lamented that the independent redistricting commission system is designed to elicit input from non-political, everyday people talking about their communities, and not from incumbent lawmakers who want to keep a safe seat for themselves.
Florida – Florida Elections Commission Gearing Up for Looming Challenges
Yahoo News – John Haughey (The Center Square) | Published: 8/24/2021
Gov. Ron DeSantis appointed three members to the Florida Elections Commission (FEC), including a chairperson, meaning the watchdog now has the required quorum and can meet for the first time since May. The FEC is managing the defense of state election laws, including Florida’s decision not to appeal an injunction preventing Senate Bill 1890 from being enacted. It is also dealing with the challenge to Florida’s 2019 felon voting law now before the 11th U.S. Circuit Court of Appeals.
Florida – No-Party Candidate in Miami Election Fraud Case Takes Plea Deal, Apologizes to Voters
MSN – Samantha Gross (Miami Herald) | Published: 8/24/2021
An auto parts salesperson and acquaintance of a former state lawmaker accused of running a vote-siphoning scheme in a 2020 Florida Senate race pleaded guilty to charges he accepted illegal donations and lied on sworn campaign documents, among other things. Alexis Rodriguez was recruited to run as a no-party candidate in the key Senate race by former state Sen. Frank Artiles. The point of Rodriguez’s candidacy, investigators said, was to “confuse voters and siphon votes from the incumbent.” Sen. Ileana Garcia won the election by 32 votes. Rodriguez, who shares a surname with the incumbent Democrat, received more than 6,000 votes.
Georgia – Former NFL Player Herschel Walker, Supported by Trump, Jumps into the Georgia Senate Race
Santa Fe New Mexican – Maryl Kornfield (Washington Post) | Published: 8/24/2021
Former football star Herschel Walker filed paperwork to run for a U.S. Senate seat in Georgia, challenging Raphael Warnock with the backing of former President Trump. After former U.S. Sen. David Perdue said he would not run again, Walker would be the most recognized candidate in the Republican field.
Georgia – How the Apple Lobbying Machine Took on Georgia, and Won
MSN – Emily Birnbaum (Politico) | Published: 8/20/2021
Apple’s aggressive lobbying efforts in Georgia highlight a pattern that has played out with little national attention across the country this year: state lawmakers introduce bills that would force Apple and Google to give up some control over their mobile phone app stores. Then Apple exerts pressure on lawmakers with promises of economic investment or threats to pull its money, and the legislation stalls. Local lawmakers have struggled to brush aside Apple’s lobbying firepower as the company hires key state lobbyists and focuses on defeating legislation that threatens the company’s bottom line.
Idaho – Idaho Supreme Court Overturns Tougher Ballot Initiative Law
MSN – Rebecca Boone (Associated Press) | Published: 8/23/2021
The Idaho Supreme Court struck down a new law designed to make it harder for voters to get initiatives on the ballot, saying the legislation was so restrictive it violated a fundamental right under the state’s constitution. Opponents of the law said it made Idaho’s initiative process the toughest in the nation, rendering such efforts virtually impossible to achieve. But supporters said the law would protect people with less popular political opinions from being overrun by the majority.
Illinois – ComEd Scheme to Influence Madigan Was Not Legal Lobbying – It Was Bribery, Prosecutors Say
MSN – Jason Meisner and Ray Long (Chicago Tribune) | Published: 8/24/2021
An alleged scheme to lavish benefits on longtime Illinois House Speaker Michael Madigan in exchange for his influence on Commonwealth Edison legislation in Springfield clearly meets the criteria of the bribery statute even if there was no explicit agreement between the parties, federal prosecutors argued in a motion. Lawyers for Michael McClain, Anne Pramaggiore, John Hooker, and Jay Doherty asked a District Court judge to dismiss several of the key elements of the case against them, arguing there was no quid pro quo agreement and jobs, contracts, and other payments to chosen Madigan political operatives constituted legal lobbying.
Illinois – Cryptocurrency Expands into Illinois Politics as Candidate Accepts Bitcoin Donations
Bloomington Pantagraph – John Kielman (Chicago Tribune) | Published: 8/25/2021
Lake County Treasurer Holly Kim, who is running for reelection next year, became the first candidate in Illinois to accept digital currency when a supporter gave her a three-dollar donation in Litecoin, with the promise of more to come later. It is a new and potentially lucrative fundraising technique – Dogecoin, one form of crypto Kim accepts, has seen its value increase 100-fold over the past year – and Kim said it is a way to connect with tech-savvy people who might be new to political donations.
Maine – PAC Opposing Powerline Corridor is Fined $2,500 for Late Filing
Portland Press Herald – Scott Thistle | Published: 8/23/2021
A PAC bankrolled by two Texas energy companies was fined $2,500 by the Maine ethics commission for violating state campaign finance law. The commission voted unanimously to impose the penalty against Mainers for Local Power after it failed to notify one of its major contributors, the energy company Calpine, that it had donated more than $100,000 to the PAC and was required to file a major donor report with the ethics panel.
Maryland – Error-Riddled Ethics Reports on School Board Create Political Firestorm in Prince George’s County
MSN – Rachel Chason and Donna St. George (Washington Post) | Published: 8/24/2021
Ethics reports accuse a majority of the elected school board members in Prince George’s County of a variety of offenses, including steering contracts, doing political favors, and engaging in a quid pro quo with a labor union. The allegations are being levied against a more progressive bloc that has frequently clashed with the county’s political establishment, setting off a political battle in the suburb of Washington, D.C. The back-and-forth is the latest, and most contentious, episode in months of chaos that began in February.
Michigan – FBI Raids Detroit’s City Hall, Council Members’ Homes as It Focuses on Towing Operations
Detroit News – Robert Snell, Sarah Rahal, and George Hunter | Published: 8/25/2021
A widening public corruption investigation emerged as FBI agents raided Detroit City Hall and the homes of city council members Janeé Ayers and Scott Benson, the latest development in a scandal that has led to charges against Councilperson André Spivey. The full scope of the investigation was unclear, but FBI agents were focused on municipal towing operations and accusations city officials received bribes, according to sources. Agents also searched the homes of several council employees, including Ricardo Silva and Carol Banks, chiefs of staff for Ayers and Benson, respectively.
Michigan – Federal Judge in Michigan Orders Pro-Trump Lawyers Disciplined Over Lawsuit Seeking to Overturn 2020 Election
MSN – Rosalind Helderman (Washington Post) | Published: 8/25/2021
A judge sanctioned Sidney Powell and other lawyers who sued in Michigan to overturn President Biden’s election victory. U.S. District Court Judge Parker said the lawyers made assertions in court that were not backed by evidence and failed to perform the due diligence required by legal rules before alleging mass fraud in the state’s vote. She referred the group to the Michigan Attorney Grievance Commission, as well as disciplinary committees in the states where each attorney is licensed, which could initiate proceedings that could result in the lawyers being disbarred.
Michigan – Michigan Attorney General Nessel Won’t Charge State GOP Chair Ron Weiser
Detroit News – Craig Mauger | Published: 8/23/2021
Michigan Attorney General Dana Nessel declined to pursue criminal action against state Republican Party Chairperson Ron Weiser related to payments Weiser allegedly made to a former GOP secretary of state candidate to drop out of the race in 2018. Nessel said a conciliation agreement between the secretary of state’s office and the Michigan GOP barred further criminal litigation under the state’s campaign finance law and Weiser, as chairperson, is not a public officer as defined by the law, so other criminal statutes “simply do not apply.”
Minnesota – Minnesota GOP ‘in Ruins’ After Shocking Scandal
Yahoo News – David Siders and Paul Zemko (Politico) | Published: 8/21/2021
The resignation of the Minnesota Republican Party’s embattled chairperson, Jennifer Carnahan, marked a new low for a state party in decline. The proximate cause of Carnahan’s departure was a firestorm that engulfed the party in recent days, after a GOP donor she was close to was indicted on federal sex-trafficking charges. Carnahan, the wife of U.S. Rep. Jim Hagedorn, was accused by party officials and former staffers of running a toxic, retaliatory workplace, mismanaging party finances, and, through the use of non-disclosure agreements, squashing transparency.
New York – As JCOPE Eyes Cuomo, Will His Appointees Remain?
Albany Times Union – Chris Bragg | Published: 8/30/2021
Though Andrew Cuomo has left the governor’s office, his legal troubles are far from over. He faces criminal investigations into possible inappropriate touching of women, a state attorney general probe into his $5.1 million book deal, a federal probe into the suppression of nursing home death data, and a forthcoming Assembly report on those matters and more. An entity that has been generally pliant to Cuomo since its creation in 2011, the New York Joint Commission on Public Ethics, may be more prone to taking action now, especially since the commission itself now faces greater threat of being eliminated by critics, who say it has been ineffectual.
New York – Gov. Kathy Hochul’s Daughter-in-Law Is Top Lobbyist at Pharma Firm That Has Sought to Influence NY Lawmakers
CNBC – Brian Schwartz | Published: 8/24/2021
New York Gov. Kathy Hochul’s daughter-in-law is a top lobbyist at a pharmaceutical firm that has been trying to influence state and federal lawmakers. Christina Hochul is director of federal policy at Biogen. A Biogen spokesperson said Christina Hochul does not lobby at the New York state level and will not do so. Biogen did not rule out the company itself engaging with New York lawmakers while Kathy Hochul is governor.
New York – JCOPE’s Opaque New Transparency Policy
Albany Times Union – Chris Bragg | Published: 8/24/2021
Gov. Kathy Hochul has called for a complete overhaul of New York’s ethics oversight system. And as the state’s much-maligned current ethics watchdog faces the possibility of dissolution, the Joint Commission on Public Ethics (JCOPE) recently announced a reform: a new policy that in principle could make its work less secretive. But in practice, the policy so far has been aimed at bolstering the reputation of the JCOPE itself, with information released or withheld based on that as opposed to overall transparency.
New York – Leaders of the ‘Time’s Up’ Anti-Harassment Group Worked Closely with Cuomo Aide After First Accusation Against Him Surfaced
MSN – Michael Scherer and Josh Dawsey (Washington Post) | Published: 8/25/2021
The leaders of Time’s Up, the advocacy group founded by political insiders in Washington and Hollywood to fight workplace sexual misconduct, decided against issuing a statement in support of New York Gov. Andrew Cuomo’s first harassment accuser in December after consulting with the governor’s top aide, according to interviews and records. Text messages between five senior Time’s Up advisers revealed a far more extensive behind-the-scenes effort to work with Cuomo’s office amid the sexual harassment charges than the group has previously acknowledged.
North Carolina – Cooper Signs Bill Allowing Officials to Benefit More from Public Contracts
Yahoo News – Nyamekye Daniel (The Center Square) | Published: 8/24/2021
North Carolina Gov. Roy Cooper signed a bill that allows public officials to benefit more from public contracts. House Bill 366 raises the limit on the conflict-of-interest exemption for government officials and government employees in certain instances and changes regulations related to agriculture, energy, environment, natural resources, construction, and insurance.
North Carolina – Court Rules North Carolina Must Allow Former Felons to Vote
MSN – Paulina Villegas (Washington Post) | Published: 8/24/2021
A panel of the state Superior Court ordered the restoration of voting rights for thousands of people with a felony conviction in what advocates call the largest expansion of voting rights in decades in North Carolina. The ruling could make North Carolina the only state in the South to automatically restore voting rights to people after they leave prison. Last year, the same judges had ruled the law’s requirement that felons must first pay monetary obligation such as fines was unenforceable because voting would be bound to financial ability.
North Carolina – Restrictions on NC Nonprofit Donor Disclosures OK’d by House
WRAL – Associated Press | Published: 8/19/2021
A bill described by supporters as one that prevents snooping into citizens’ contributions to North Carolina charities neared final legislative approval following an affirmative state House vote. A version cleared the Senate three months ago. The bill says the names of donors to North Carolina-based nonprofits cannot be disclosed publicly by the group without a donor’s written permission. It also states a donor’s identifying information is not a public record when held by a state or local government agency. A government worker who uses or discloses it could be guilty of a misdemeanor.
Ohio – FirstEnergy Discloses 2021 Dark Money Spending; Deal Doesn’t Require Posting Past Donations
MSN – Jessie Balmert (Cincinnati Enquirer) | Published: 8/20/2021
The utility at the center of a $60 million bribery scheme in Ohio dramatically decreased the funds it provides to “dark money” groups to influence public policy, according to a filing required by a deal with federal prosecutors that allowed FirstEnergy to avoid a criminal case. FirstEnergy paid $2.2 million to nonprofits and groups benefitting public officials during the first half of 2021. That is considerably below the approximately $60 million the company paid between 2017 and 2020 to “dark money” groups to fund a bailout of two nuclear power plants.
Oregon – Portland Police Stand by as Proud Boys and Far-Right Militias Flash Guns and Brawl with Antifa Counterprotesters
MSN – Katie Shepherd (Washington Post) | Published: 8/23/2021
A large crowd of more than 100 far-right activists, including Proud Boys and armed militia members, descended on Portland, Oregon, staging a “Back the Blue” rally in front of the Justice Center that houses the downtown police precinct. Hundreds of Antifa and Black Lives Matter protesters gathered to oppose the far-right crowd. The two groups sparred for more than two hours, as people exchanged blows, fired paintballs at each other, and blasted chemicals indiscriminately into the crowd. People lobbed fireworks back and forth.
Pennsylvania – In Latest Bow to Trump, GOP Lawmakers in Pennsylvania Plan to Launch Hearings on 2020 Vote
MSN – Elise Viebeck (Washington Post) | Published: 8/24/2021
Republican lawmakers in Pennsylvania plan to formally launch hearings as part of an investigation into the 2020 vote in the state, the latest GOP-backed effort to revisit an election that former President Trump has falsely claimed was fraudulent. State Senate President Pro Tempore Jake Corman said lawmakers are pursuing a “full forensic investigation” of the election that will aim to examine ballots and voter rolls. It is the latest sign of how Republican leaders in key battleground states are bowing to pressure from Trump and his acolytes to investigate baseless allegations that voting irregularities tainted the November election.
Texas – Dallas Council Member Violated Ethics Code for Saying Woman Sounded ‘Foolish’ on Facebook
Dallas Morning News – Lauren Girgis | Published: 8/20/2021
The Ethics Advisory Commission found Dallas City Councilperson Adam Bazaldua in violation of the ethics code for Facebook comments where he wrote that a constituent sounded “foolish.” The commission found Bazaldua violated a section of the code stating that city officials shall not make comments or take actions that are “abusive,” “derogatory,” “rude,” or make “personal attacks upon the character, integrity, or motives of others.”
Texas – Texas Republicans Renew Effort to Advance Voting Bill as Democrats Regroup
MSN – Jane Timm (NBC News) | Published: 8/23/2021
The Texas House could pass voting restrictions soon after Democrats’ efforts to stave off the Republican-backed changes were stymied by three Democrats who broke ranks with much of the rest of their caucus and returned to work at the Capitol. Their return restored a quorum for the first time since more than 50 House Democrats fled to Washington, D.C. The coordinated escape from Austin left Texas Republicans furious, creating wanted posters and threatening to have missing members arrested.
Virginia – Ex-Norfolk Sheriff Bob McCabe Found Guilty on All Public Corruption Charges
WAVY – Brian Reese, Jason Marks, and Sarah Fearing | Published: 8/24/2021
Former Norfolk Sheriff Bob McCabe was found guilty on all 11 counts in a federal bribery trial. He faces up to 20 years in prison for each count. McCabe was accused of taking bribes from two Norfolk jail vendors and the companies’ chief executive officers. McCabe had argued the gifts and campaign donations, which happened from 1994 to 2016, were just gestures between good friends.
Virginia – Virginia, an ‘Outlier’ on Campaign Finance Reform, Considers New Restrictions
St. Louis Post-Dispatch – Andrew Cain (Richmond Times-Dispatch) | Published: 8/24/2021
The Virginia Legislature has tasked the Joint Subcommittee to Study Comprehensive Campaign Finance Reform with examining the costs of campaigning in the state, the effectiveness of the present disclosure laws and their enforcement, the constitutional options available to regulate campaign finances, and “the desirability” of revisions such as implementing contribution limits. In submitting a report by November 1, the panel could recommend proposed changes for the new governor and Legislature to review during the 60-day session that begins in January.
Washington – Mayor’s Office Knew for Months Durkan’s Phone Setting Caused Texts to Vanish, Emails Show
Seattle Times – Lewis Kamb, Daniel Beekman, and Jim Brunner | Published: 8/20/2021
When the public learned in May that 10 months of Seattle Mayor Jenny Durkan’s text messages were missing, her office initially attributed the loss to an “unknown technology issue” with one of three phones she used during the period in question. But officials already had known for months why the texts were gone and when they disappeared, internal emails appear to show. City Attorney Pete Holmes says the initial explanation from Durkan’s office was misleading.
Wisconsin – Two More Redistricting Lawsuits Have Been Filed in Wisconsin as Conservatives and Liberals Mount a Legal Battle Over Election Maps
MSN – Patrick Marley (Milwaukee Journal Sentinel) | Published: 8/23/2021
Voters filed two redistricting lawsuits as conservatives and liberals fight over whether state or federal judges should be the ones to decide how to draw Wisconsin’s congressional and legislative districts. Voters represented by the conservative Wisconsin Institute for Law & Liberty filed one of the lawsuits before the state Supreme Court. Hours later, three voting rights groups brought their own case in federal court in Madison. Republicans who control the Legislature and Democratic Gov. Tony Evers are not expected to reach a deal on the maps, which will leave it to the courts to decide where to put the lines.
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