November 22, 2019 •
News You Can Use Digest – November 22, 2019
![News You Can Use Digest – November 22, 2019](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal Court to Bar Release of His Tax Returns MSN – Adam Liptak (New York Times) | Published: 11/14/2019 President Trump asked the U.S. Supreme Court to bar his accounting firm from turning over eight years of his tax returns to […]
National/Federal
Court to Bar Release of His Tax Returns
MSN – Adam Liptak (New York Times) | Published: 11/14/2019
President Trump asked the U.S. Supreme Court to bar his accounting firm from turning over eight years of his tax returns to prosecutors in New York City. The case, the first concerning Trump’s personal conduct and business dealings to reach the court, could yield a major ruling on the scope of presidential immunity from criminal investigations. In their petition urging the high court to hear their appeal, Trump’s lawyers argued he was immune from all criminal proceedings and investigations so long as he remained in office. But even if some federal investigations may be proper, the petition said, the Supreme Court should rule state and local prosecutors may not seek information about a sitting president’s conduct.
Giuliani Faces U.S. Probe on Campaign Finance, Lobbying Breaches
Yahoo News – Chris Strohm and Jordan Fabian (Bloomberg) | Published: 11/15/2019
Rudy Giuliani, President Trump’s personal lawyer, is being investigated by federal prosecutors for possible campaign finance violations and a failure to register as a foreign agent as part of an active investigation into his financial dealings, according to three U.S. officials. The probe could also include possible charges on violating laws against bribing foreign officials or conspiracy. Giuliani is a central figure in the impeachment inquiry, which focuses on an effort led by the former New York City mayor to pressure Ukraine’s government to investigate the president’s political rivals. If Giuliani is charged or indicted, he could expose Trump to a new level of legal and political jeopardy, especially if he is accused of committing a crime on the president’s behalf.
Google Announces New Political-Ads Policies That Limit Targeting but Not All Lies
Seattle Times – Tony Romm (Washington Post) | Published: 11/20/2019
Google announced new restrictions on political advertisers around the world, among them rules that bar candidates, including President Trump, from targeting narrow categories of Web users based on their political affiliation. The updates come as Google and its tech industry peers continue to face criticism for allowing politicians to lie in ads, a practice Google did not entirely outlaw as it pledged that “trust in electoral processes” outweighed the “cost or impact to spending” on political ads. Under the new rules, political advertisers now may target their ads in search and on Google-owned YouTube only down to the postal code level. These campaigns may also target people on the basis of gender or age, but they cannot do so based on voters’ political affiliations or public voter records, Google said, breaking with past policies.
How a CIA Analyst, Alarmed by Trump’s Shadow Foreign Policy, Triggered an Impeachment Inquiry
MSN – Greg Miller, Greg Jaffe, and Paul Sonne (Washington Post) | Published: 11/16/2019
The outlines of the impeachment case have been established: President Trump, his personal lawyer Rudolph Giuliani, and two diplomats are alleged to have collaborated to pressure Ukraine to pursue investigations to bolster Trump’s conspiracy theories about the 2016 election and damage the prospects of Joe Biden. To advance this hidden agenda, Trump and his allies orchestrated the ouster of a U.S. ambassador, the withholding of an Oval Office meeting from Ukraine’s new president, and the suspension of hundreds of millions of dollars in U.S. aid. It is not clear whether any of this would have come to light were it not for the actions of a relatively junior CIA employee, who is now the target of almost daily attacks by Trump and efforts to make his identity public.
Multiple Lawmakers Under Investigation Over Ethical Misconduct
MSN – Emily Cochrane (New York Times) | Published: 11/14/2019
The House ethics committee announced it was investigating whether U.S. Rep. Alcee Hastings violated the chamber’s rules by having a personal relationship with a member of his staff or accepting inappropriate gifts. Hastings has made no secret of his relationship with an employee in his congressional office. The announcement came on the same day the committee disclosed the Justice Department was investigating U.S. Rep. Ross Spano over accusations of campaign finance violations. The ethics panel also said it would continue investigations into allegations against U.S. Reps. Rashida Tlaib and Bill Huizenga.
New Study Shows Decline in Legislative Civility
Idaho Press – Betsy Russell | Published: 11/19/2019
Civility has declined at the Idaho Legislature, but not as much as in other states or in Washington, D.C., according to a new study. Researchers surveyed more than 1,300 lobbyists who work in state Legislatures in all 50 states and followed up on a survey three years earlier of lawmakers themselves. The study explored whether the gridlock that is emerged in Congress is beginning to infect state Legislatures. The lobbyists who were surveyed represent a wide array of interests, from contract lobbyists for private business interests to those representing agencies, non-profits, and public interest groups. The survey showed Idaho is not immune to a national trend toward less civility, less compromise, and more polarization in civic discourse, accompanied by declining trust in U.S. government institutions.
‘No One Believes Anything’: Voters worn out by a fog of political news
New York Times – Sabrina Tavernise and Aiden Gardiner | Published: 11/18/2019
In this volatile political moment, information, it would seem, has never been more crucial. The country is in the midst of impeachment proceedings against a president for the third time in modern history. A high-stakes election is less than a year away. But just when information is needed most, to many Americans it feels most elusive. The rise of social media; the proliferation of information online, including news designed to deceive; and a flood of partisan news are leading to a general exhaustion with news itself. Add to that a president with a documented record of regularly making false statements and the result is a strange new normal: Many people are struggling to discern what is real in a sea of slant, fake, and fact.
Once Mulvaney’s Chief of Staff, Payday Lobbyist Enjoys Frequent Access to His Old Boss
Connecticut Post – Renae Marks (Washington Post) | Published: 11/20/2019
Mick Mulvaney’s former chief of staff has been a key lobbyist for one of the country’s largest payday lenders, giving the industry access to the White House at a time it is fighting to roll back industry regulations. Al Simpson has met repeatedly with Mulvaney, whom he worked for on Capitol Hill until 2017. They have had dinner several times, and Simpson has been a frequent visitor to the Office of Management and Budget (OMB). The visits to the OMB overlap with the period Mulvaney was acting director of the Consumer Financial Protection Bureau, which has oversight of the payday lending industry. While Mulvaney has served as Office of Management and Budget director, the White House has proposed cutting the bureau’s budget and curbing its enforcement powers.
Possible Pay-to-Play Scheme for Ambassador Role in Trump Administration Uncovered by CBS News
CBS News – Staff | Published: 11/18/2019
An investigation has uncovered a possible “pay-for-play” scheme involving the Republican National Committee (RNC) and President Trump’s nominee for ambassador to the Bahamas. Emails obtained by CBS News show the nominee, billionaire Doug Manchester, was asked by the RNC to donate $500,000 as his confirmation in the U.S. Senate hung in the balance. Manchester contributed $1 million to Trump’s inauguration fund. A relief trip to the Bahamas by Manchester caught the attention of the president, who tweeted his praise. Three days after the tweet, RNC Chairperson Ronna McDaniel hit up Manchester for a donation. It was no small sum. In an email, she asked Manchester, “Would you consider putting together $500,000 worth of contributions from your family to ensure we hit our ambitious fundraising goal?”
RNC to Hold Winter Meetings at Trump Resort That Was Considered for G-7 Summit
MSN – David Fahrenthold and Michael Scherer (Washington Post) | Published: 11/18/2019
The Republican National Committee will hold its winter meetings at President Trump’s Doral golf course in’Florida next year, awarding another of the party’s most lucrative events to the president’s private business. Trump briefly chose Doral to host a much larger event: next year’s Group of Seven summit of world leaders, effectively awarding a massive federal contract to himself. After bipartisan criticism, Trump canceled the event a few days later. No new site has yet been chosen for the summit. Still, this will be the second time in two years that the GOP will hold a major meeting at the resort, a key property for Trump that has suffered financial decline since he entered politics.
Roger Stone Is Found Guilty in Trial That Revived Trump-Russia Saga
MSN – Sharon LaFraniere and Zach Montague (New York Times) | Published: 11/15/2019
Roger Stone, a former aide and longtime friend of President Trump, was found guilty of obstructing a congressional investigation into Russia’s interference in the 2016 election in what prosecutors said was an effort to protect Trump. Stone was charged with lying to the U.S. House Intelligence Committee, trying to block the testimony of another potential witness and concealing reams of evidence from investigators. Prosecutors claimed he tried to thwart the committee’s work because the truth would have “looked terrible” for both the president and his campaign. Stone was found guilty of all seven counts he was charged with.
SEC Chairman Cites Fishy Letters to Support Policy Change
Pensions and Investments – Bloomberg | Published: 11/19/2019
When Securities and Exchange Commission (SEC) Chairperson Jay Clayton handed a policy win to corporate executives recently, he pointed to a source of support: a mailbag full of encouragement from ordinary Americans. But a close look at the seven letters that Clayton highlighted, and about two dozen others submitted to the SEC by supposedly regular people, shows they are the product of a misleading, and clumsy, public relations campaign by corporate interests. At issue is the proxy process, the rules for how corporations conduct shareholder votes, such as when directors stand for re-election at annual meetings. Last year, the National Association of Manufacturers helped form the Main Street Investors Coalition to oppose what it calls the “politicization” of the investment process and to argue fund managers and boards should focus on maximizing profits. One of its priorities is changing shareholder voting rules.
Sondland Acknowledges Ukraine Quid Pro Quo, Implicates Trump, Pence, Pompeo and Others
Washington Post – Rachael Bade, Aaron Davis, and Matt Zapotosky | Published: 11/21/2019
An ambassador at the center of the House impeachment inquiry testified he was following President’s Trump’s orders, with the full knowledge of other top administration officials, when he pressured the Ukrainians to conduct investigations into Trump’s political rivals in what he called a clear “quid pro quo.” The testimony from U.S. Ambassador to the European Union Gordon Sondland is the most damaging yet for Trump in the intensifying inquiry. Sondland declared the Trump administration would not give Ukraine’s newly elected president, Volodymyr Zelensky, a chance to visit the White House unless Zelensky agreed to announce investigations that could help the president politically.
Trump Appointee Accused of Inflating Résumé, Faking a Time Cover Pushes Back in Resignation Letter
MSN – Reis Thebault (Washington Post) | Published: 11/18/2019
Mina Chang, the State Department official whose inflated resume and faked Timed magazine cover raised further questions about the Trump administration’s vetting process, has resigned. Chang defended herself and criticized the “toxic environment” at the agency, where she had served as a deputy assistant secretary in the Bureau of Conflict and Stabilization Operations. U.S. Rep. John Ratcliffe, the erstwhile nominee for director of national intelligence, withdrew from consideration after reporting on his false claims about arresting undocumented immigrants. After Trump announced Ratcliffe would not be his nominee, the president defended the White House’s failure to scrutinize their pick’s background. “I give out a name to the press, and they vet for me,” Trump said. “We save a lot of money that way.”
Twitter Rolls Out Total Ban on Ads from Political Figures
Politico – Nancy Scola | Published: 11/15/2019
Twitter unveiled the details of a previously announced far-reaching global policy that bans campaign advertising as well as ads of any type from political figures and groups, and puts strict limits around other types of paid messaging that have a political dimension. The move comes as social platforms in the U.S. are under scrutiny over their handling of political ads, set against the 2020 presidential contest. Twitter is banning all ads that mention specific candidates, elections, or legislation. The prohibition on any advertising applies to campaigns, government officials, PACs, and 501(c)(4) groups. The total ban on political ads, however, does not extend to so-called issue ads. While those issue ads will be allowed from any advertisers not otherwise prohibited from buying ads, there are significant new restrictions on their messaging and reach.
Uncertain Times Could Bring New Lobbying Strategies
Roll Call – Kate Ackley | Published: 11/21/2019
The presidential election year will hit lobbyists with potential risks all around. Candidates up and down the ballot will press proposals to remake the influence industry and to overhaul the nation’s campaign finance system. More candidates will reject K Street and business donations. Still, lobbyists say they have no plans to zip up their campaign checkbooks, hide under their desks, or decamp from the capital. Instead, they are brewing alternative strategies, workarounds that include deeper outreach to think tanks, academia, and other institutions that can lend policy gravitas to shape major discussions over health care, immigration, trade, taxes, and other matters that will feature prominently on the campaign trail and beyond.
Canada
Canada – Alberta Government Firing Election Commissioner Who Was Investigating Leadership
Global News – Dean Bennett (Canadian Press) | Published: 11/18/2019
Alberta’s United Conservative government is firing the province’s election commissioner, but says it is not because he is investigating the party and has fined it more than $200,000. Finance Minister Travis Toews said the decision to end Lorne Gibson’s contract is strictly about saving money. Chief electoral officer Glen Resler is in overall charge of running Alberta’s elections, but in early 2018 the former New Democratic Party government created a separate arm’s-length election commissioner to specifically investigate violations in fundraising and advertising. The New Democrats then hired Gibson, whose highest profile investigation has been into the 2017 United Conservative leadership race won by Jason Kenney.
From the States and Municipalities
Connecticut – No Tolls CT: Crucial role or just another anti-tolls force?
Middletown Press – Kaitlyn Krasselt | Published: 11/16/2019
Connecticut Gov. Ned Lamont’s transportation infrastructure plan included 14 tolls on highway bridges and interchanges throughout the state, raising $320 million a year. But less than a week after he unveiled the proposal it was effectively dead as Senate Democrats expressed their reluctance to bring it to a vote. The fast result marks a win for the for No Tolls CT. Now, as the state searches for answers on how to fund transportation, the question remains as to how much influence the group ultimately had. Some have begun to question whether No Tolls CT is truly the small grassroots troupe of passionate volunteers they claim to be, or if there are larger, more organized and experienced political powers with deep pockets behind it.
Georgia – Stacey Abrams Campaign Says Georgia Ethics Watchdog’s Lawsuit Is Partisan
The Guardian – Khushbu Shah | Published: 11/20/2019
Georgia’s ethics commission filed a lawsuit against former Democratic gubernatorial candidate Stacey Abrams’ 2018 campaign, insisting it had not received all relevant communications requested in April. Abrams’s former campaign manager, Lauren Groh-Wargo, now the leader of Abrams’ national campaign against voter suppression, called the demand for the documents a “politically motivated investigation.” Months after Abrams lost the race, the commission launched the investigation around “unlawful coordination” between her gubernatorial campaign and several groups. For that reason, the lawsuit alleges, the commission needs to review not only financial records, but communications between the various organizations, including the New Georgia Voter Project and Fair Count, both launched by Abrams.
Illinois – Lawmakers Address Ethics Issues
State Journal-Register – Doug Finke | Published: 11/14/2019
The Illinois Legislature approved what lawmakers on both sides of the aisle described as a small step toward fixing the state’s ethics laws amid an ongoing federal public corruption probe that has ensnared politicians from Chicago City Hall to the Capitol in Springfield. Lawmakers approved Senate Bill 1693 that would require state lobbyists to disclose more information to the public and create a combined online database for information on lobbyists, campaign contributions, and public officials’ annual statements of economic interest. A companion measure, House Joint Resolution 93, that lawmakers also approved would create a 16-member commission to recommend additional changes to ethics laws.
Indiana – A ‘Tradition’ of Public Corruption: Mayors being arrested isn’t unusual for Indiana
Indianapolis Star – Crystal Hill | Published: 11/20/2019
Muncie Mayor Dennis Tyler was arrested after being indicted for allegedly taking a $5,000 bribe in exchange for a public contract. History shows Tyler’s arrest is hardly unusual. The allegations against Tyler are tame compared to what some previous Hoosier mayors have been accused, and convicted, of. Throughout the last century, The Indianapolis Star found at least a dozen mayors who were charged and/or convicted in local or federal cases, including now four mayors from Muncie alone. Tyler also is the fourth Indiana mayor arrested in the last five years. While many of the earlier charges point to a specific period in history, the offenses are not dissimilar from public corruption accusations that still make headlines today, according to a historian.
Indiana – McDermott Admits Family Is Repaying $50,000 Campaign Contribution from Wife’s Judicial Fund
Northwest Indiana Times – Dan Carden | Published: 11/16/2019
Hammond Mayor Thomas McDermott Jr. and his wife, Lake Circuit Court Judge Marissa McDermott, are preparing to repay $50,000 in campaign contributions originally paid to her judicial campaign fund from his mayoral account after state officials deemed the amount excessive. There also are no legal limits on campaign donations or loans between a husband and wife in Indiana so long as they are reported. But Mayor McDermott said the Indiana Commission on Judicial Qualifications viewed the loan as a potential violation of code of judicial conduct, which directs judicial candidates “to solicit and accept only such campaign contributions as are reasonable.”
Kansas – Cerner Must Guard Against Conflicts of Interest as Exec Runs for Congress, Experts Say
Kansas City Star – Bryan Lowry and Jason Hancock | Published: 11/17/2019
When Cerner executive Amanda Adkins launched her congressional campaign in September, her website featured a photograph of her standing next to the corporate logo on the company’s Kansas City campus. The photo was cropped to remove the Cerner name shortly after the site went online. The change illustrates the ethical and optical challenges both the company and Adkins face as she seeks the Republican nomination in Kansas’ Third Congressional District, while continuing to work for the health care IT giant that holds billions of dollars in federal contracts. Federal law restricts government contractors from giving money to congressional candidates. Cerner will also have to protect against providing services to Adkins, which could be seen as in-kind contributions under FEC rules, said Brendan Fischer of the Campaign Legal Center.
Louisiana – Walter Dumas, Ex-Southern Board Member, Owes $138K for Unpaid Stadium Suite Rental, Appeals Court Says
New Orleans Advocate – Joe Guyan Jr. | Published: 11/18/2019
Former Southern University Board of Supervisors member Walter Dumas and his now-defunct law firm must pay the Louisiana Board of Ethics $138,000 for using an A.W. Mumford Stadium suite for three years without paying the rental fee, an appeals court has ruled for the second time. The latest ruling came when the state First Circuit Court of Appeal rejected Dumas’ argument that the Ethics Adjudicatory Board lacked subject matter jurisdiction when it ordered Dumas and his firm to pay the money. The sum represents yearly rental payments of $13,800 for the 2006, 2007, and 2008 football seasons, plus a $96,600 donation to the Southern University System Foundation that was payable over three years.
Maryland – Former Baltimore Mayor Pugh Charged with 11 Counts of Fraud, Tax Evasion in ‘Healthy Holly’ Book Scandal
Baltimore Sun – Luke Broadwater and Kevin Rector | Published: 11/20/2019
Former Baltimore Mayor Catherine Pugh was indicted by a federal grand jury on fraud and tax evasion over lucrative deals for her self-published children’s series of books. Prosecutors allege Pugh defrauded area businesses and nonprofit organizations with nearly $800,000 in sales of her “Healthy Holly” books to unlawfully enrich herself, promote her political career, and illegally fund her campaign for mayor. Though her customers ordered more than 100,000 copies of her books, the indictment says Pugh failed to print thousands of copies, double-sold others, and took some to use for self-promotion. She used the profits to buy a house and make illegal straw donations to her campaign, prosecutors allege. At the same time, prosecutors said, she was evading taxes.
Michigan – Former Lawmakers Sue to Undo Michigan’s Term Limits
Detroit News – Beth LeBlanc | Published: 11/20/2019
Eight former Republican and Democratic lawmakers are suing Secretary of State Jocelyn Benson over Michigan’s shortest-in-the-nation term limits, which they say are an “unconstitutional bar to their ballot access.” State lawmakers are limited to serving a total of 14 years across the two legislative chambers – three, two-year terms in the House and two, four-year terms in the Senate. Five of the lawmakers are now registered lobbyists. The 501(c)4 or social welfare group funding the lawsuit lists Rusty Merchant, a lobbyist, as its resident agent and the press conference announcing the lawsuit was held in a conference room belonging to lobbying firm McAlvey Merchant & Associates.
Montana – Montana Candidates Failed to Properly Disclose Facebook Ad Spending
Montana Public Radio – Corin Cates-Carney | Published: 11/20/2019
Political ads for Montana’s 2020 gubernatorial race have appeared on Facebook at least 760,000 times since the start of the year. Montana Public Radio (MTPR) found nearly all the candidates running for office did not follow state rules for disclosing details about those ads to the public. After MTPR reached out to Jeff Mangan, the commissioner of political practices, about the discrepancy in Facebook ad spending, he sent a memo to all candidates in Montana. Mangan reminded them “they have the responsibility and obligation to understand and comply with all Montana campaign finance laws.” It also requests candidates send amended disclosure forms that include all social media advertising expenditures.
Nevada – Nevada Licensing Boards Sometimes Lobby Against State’s Interests
Las Vegas Review-Journal – Bill Dentzer | Published: 11/15/2019
To the administrative and regulatory maze that is Nevada’s occupational licensing system, add this twist: more than half the state-appointed licensing boards employ lawyers or lobbyists at state expense, and occasionally they work against the state’s interests. For 2017 through 2021, the state is footing more than $2.6 million in legal and lobbying expenses for 21 licensing boards, according to a review requested by the state Board of Examiners. The board meets monthly to review and approve state spending. The boards are technically funded by fees from professional licensing, not from the state’s general fund. But the boards are state-created entities, their members are appointed by the governor, and their contractual expenses still come before the Board of Examiners for approval.
New York – De Blasio Donor Sues JCOPE, Arguing Inquiries Are Illegal
Albany Times Union – Chris Bragg | Published: 11/17/2019
While the Joint Commission on Public Ethics (JCOPE) has reached a series of settlements with donors to New York City Mayor Bill de Blasio’s lobbying charity, a target of the inquiry is fighting back, arguing the investigations are based on an illegal premise. Under state law, public officials are not allowed to accept gifts of more than “nominal” value from lobbyists or their clients. The types of gifts targeted by regulators have included items such as free plane trips for elected officials or tickets to sporting events. JCOPE in 2014 passed a regulation that also barred a lobbyist or their client from donating to a “charitable organization, on behalf of or at the direction of, a public official.” The lawsuit filed by Broadway Stages argues the regulation is illegal, since state lawmakers never passed a law empowering JCOPE to expand the definition of “gift.”
New York – Heastie’s Counsel Contacted Ethics Commissioner After Percoco Vote
Albany Times Union – Brendan Lyons | Published: 11/20/2019
Howard Vargas, the executive counsel to New York Assembly Speaker Carl Heastie, is the person who contacted a commissioner with the Joint Commission on Public Ethics (JCOPE) in January and allegedly pressed her about a meeting earlier that day in which the panel voted whether to investigate Joseph Percoco, a former top aide to Gov. Andrew Cuomo. The unusual call by Vargas took place not long after Cuomo had spoken with Heastie at the Capitol, and allegedly expressed concerns about the voting that day by the speaker’s appointees to JCOPE. The closed-door deliberations of the commission are not public, and any disclosure of that information may violate state law.
North Carolina – Cooper ‘Improperly’ Used Influence on Pipeline, Investigation Started by GOP Concludes
Raleigh News and Observer – Dawn Baumgartner Vaughan and Dan Kane | Published: 11/20/2019
An independent investigation started by Republican legislative leaders into North Carolina’s approvals for the Atlantic Coast Pipeline found Democratic Gov. Roy Cooper “improperly used the authority and influence of his office” but did not personally benefit from those decisions. The report was released almost two years after GOP leaders first questioned the governor’s office about the appearance of a “pay-to-play” or “pay-for-permit” after the Cooper administration approved a permit for the pipeline. Cooper’s administration at that time also announced the pipeline companies would provide $57.8 million to a fund under the governor’s control to be used for environmental mitigation, economic development, and renewable energy in areas affected by the pipeline.
North Carolina – North Carolina Lawmakers OK New 2020 Congressional Maps. Now It’s Up to the Courts
Raleigh News and Observer – Brian Murphy | Published: 11/15/2019
The Republican-controlled North Carolina Legislature approved a new congressional district map to be used in 2020 that is likely to shrink the GOP’s edge in the state’s congressional delegation. But Democrats plan to challenge the map in court again. Lawmakers drew the new map after a three-judge panel indicated it was likely to toss the previous map as an unconstitutional partisan gerrymander. If a new map is not in place by December 2, the congressional primaries scheduled for March could be postponed. The maps will only be used in 2020 as they will have to be redrawn for the 2022 election using new Census data. That process should start in March 2021.
Oregon – Oregon Lawmakers Hear New Proposal for Capping Campaign Contributions
Oregon Public Broadcasting – Dirk VanderHart | Published: 11/19/2019
At a meeting of the Oregon Senate Campaign Finance Committee he chairs, Sen. Jeff Golden unveiled a proposal for new campaign finance regulations that contains elements he believes are “ideal.” Those elements could become a key starting point as the Legislature prepares to grapple with the issue early next year. Golden’s proposal would place ceilings on the amount of money individuals and various types of political committees could give to candidates, campaigns, and one another. Oregon is currently one of a handful of states with no limits on campaign contributions.
Oregon – Oregon Supreme Court Considers Whether to Overturn Landmark Campaign Finance Ruling
Oregon Public Broadcasting – Jeff Mapes | Published: 11/15/2019
The Oregon Supreme Court held a hearing to determine whether it will overturn one of its more notable rulings, the two-decade-old decision that struck down the state’s voter-approved campaign finance limits. After 90 minutes of spirited debate with the attorneys in the case, it seems clear the justices were animated by the issue of whether they should do exactly that. The court is considering the constitutionality of an ordinance passed by Multnomah County voters that places a $500-per-person limit on campaign donations. But the stakes are larger than that. If the justices revisit their 1997 ruling, it could also open the door to the imposition of strict limits at the state level.
Pennsylvania – Bill Limiting Gifts to Public Officials Moves in Pa. Legislature
Pittsburgh Post-Gazette – Mark Scolforo (Associated Press) | Published: 11/19/2019
The House State Government Committee vote to advance new limits on gifts to Pennsylvania public officials, including an outright prohibition on taking cash, although the proposal includes numerous exceptions. The vote came after Republicans pushed through a party-line vote to add an exception to let lobbyists give birthday or wedding presents. Gifts generally would not be allowed if they total more than $50 from one person in a calendar year, or hospitality, transportation, or lodging worth $500 a year. Lobbyist gifts would not be covered if the lobbyist and public official have “a personal romantic relationship.”
Texas – The Inauguration of Greg Abbott and Dan Patrick Cost Millions. But Much of It Went to Fundraising and Staff.
Texas Tribune – Shannon Najmabadi and Jay Root | Published: 11/18/2019
The inauguration of the Texas governor and lieutenant governor – traditionally two days of parties, picnics, and parades – has been transformed into a giant payday for campaign staff and fundraisers. The money spent on personnel, including payroll and fundraising, has skyrocketed during Gov. Greg Abbott’s two swearing-in celebrations, dwarfing spending in those categories during the Rick Perry era, which spanned more than a decade. Gubernatorial spokesperson John Wittman has said no state dollars were spent on the festivities and that none of the $800,000 donated by the inaugural committee to charities, which he would not name which, benefited entities tied to Abbott or the government.
Virginia – Salacious Facebook Posts About a Former Virginia Beach City Council Candidate Lead to Defamation Lawsuit
The Viginian-Pilot – Jane Harper | Published: 11/14/2019
Dee Oliver was a favorite to win an at-large seat on the Virginia Beach City Council in the November election. But days before voters headed to the polls, a post published on a Facebook discussion group with thousands of members portrayed the candidate as a “woman of ill repute,” according to a lawsuit Oliver filed. The post suggested she had sex with a physical fitness trainer in a hospital bathroom while the man was there for heart surgery, the complaint says, and while his family was in the next room. Oliver ended up losing the election by just 347 votes after a recount. The case highlights the potential legal danger of posting on social media, especially if the information is false or is published with reckless disregard for the truth.
Washington – In Olympia, an Idea to Help Voters Easily Track Campaign Ad Money and Zero in on Who’s Being Targeted
Seattle Times – Joseph O’Sullivan | Published: 11/20/2019
Election spending in Washington continues to break records. Meanwhile, micro-targeted online advertising, such as through Facebook and Google, has made it possible for campaigns to reach small slices of voters without the broader public being aware. So, state campaign finance officials discussed the idea of giving Washington’s disclosure system a boost: building a searchable digital archive that collects campaign ads and information related to them. Officials for the Public Disclosure Commission said a digital archive could shine sunlight on political ads bought through social-media companies. A searchable database could also help voters make sense of a dizzying amount of election messaging and the sources behind it.
Washington DC – D.C. Council Members Aim to Tighten Loopholes in Subcontracting Law
Washington Post – Steve Thompson and Fenit Nirappil | Published: 11/19/2019
A group of District of Columbia Council members introduced a bill designed to improve compliance with a law that requires companies with large public contracts to subcontract some work to small local businesses. The subcontracting law has been revised in prior years as lawmakers attempted to stop contractors from abusing it. The bill would prohibit contractors from subcontracting work to companies in which they have an ownership stake to fulfill the law’s requirements. It would also require more evidence from businesses that they are local, create a tip line for reporting violations, and increase the frequency of site inspections.
Washington DC – D.C. Lawmaker Jack Evans Sought Stock in Sign Company After Acknowledging Potential Conflict of Interest, Report Says
Washington Post – Steve Thompson | Published: 11/14/2019
The investigation into ethics allegations against District of Columbia Councilperson Jack Evans provided fresh details about his dealings with a digital sign company at the heart of several probes into whether Evans used his office to benefit his private clients and employers. Digi Outdoor Media and Evans negotiated a private consulting contract in 2016 while the sign company was clashing with the city over its regulation of outdoor advertising. Investigators hired by the city council concluded Evans and his staff took official actions to benefit the company against a “backdrop of benefits and intermittent financial entanglements.”
Wisconsin – ‘Much Too Divided’: Lobbyists, Capitol observers adjust to slower pace under split government
Madison.com – Briana Reilly | Published: 11/18/2019
Nearly a year into divided government in Wisconsin, many lobbyists and Capitol observers say they have adjusted to the new reality: things are moving slower and less is getting done. After a decade of one-party control of the state Legislature and governor’s office, a new Democratic face in the East Wing, coupled with Republicans holding onto their legislative majorities, has brought a change of pace to the legislative process. As Republicans and Democrats work to navigate the situation, lobbyists are also learning what they can expect to accomplish under the new order, which some described as a balancing act between the Republican Assembly speaker, GOP Senate majority leader, and Democratic governor.
November 15, 2019 •
News You Can Use Digest – November 15, 2019
![News You Can Use Digest – November 15, 2019](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal A Court Rejects Trump’s Appeal in His Fight to Keep Financial Records from Congress Pittsburgh Post-Gazette – Charlie Savage (New York Times) | Published: 11/13/2019 The U.S. Court of Appeals for the District of Columbia let stand an earlier ruling […]
National/Federal
A Court Rejects Trump’s Appeal in His Fight to Keep Financial Records from Congress
Pittsburgh Post-Gazette – Charlie Savage (New York Times) | Published: 11/13/2019
The U.S. Court of Appeals for the District of Columbia let stand an earlier ruling that President Trump’s accounting firm must turn over eight years of his financial records to Congress, bringing the case to the threshold of a likely U.S. Supreme Court battle. Lawyers representing Trump argued Congress had no legitimate legislative authority to seek his business records because the panel seeking them, the House Oversight and Reform Committee, was primarily trying to determine whether he broke existing laws, not weighing whether to enact a new one. Lawyers for House Democrats maintained it was within Congress’s constitutional authority to seek the records, both as a matter of oversight and as it considered whether new presidential ethics and financial disclosure laws are necessary.
After Push from Perry, Backers Got Huge Gas Deal in Ukraine
AP News – Desmond Butler, Michael Biesecker, Stephen Braun, and Richard Lardner | Published: 11/11/2019
Two political supporters of U.S. Energy Secretary Rick Perry secured a potentially lucrative oil and gas exploration deal from the Ukrainian government soon after Perry proposed one of the men as an adviser to the country’s new president. Perry’s efforts to influence Ukraine’s energy policy came earlier this year, just as President Volodymyr Zelenskiy’s new government was seeking military aid from the U.S. to defend against Russian aggression and allies of President Trump were ramping up efforts to get the Ukrainians to investigate Joe Biden. Ukraine awarded the contract to Perry’s supporters little more than a month after the. energy secretary attended Zelenskiy’s May inauguration. In a meeting during that trip, Perry handed the new president a list of people he recommended as energy advisers.
Ban Political Ads on Facebook? Upstart, Anti-Trump Candidates Object.
San Francisco Chronicle – Isaac Stanley-Becker (Washington Post) | Published: 11/10/2019
When Twitter announced a ban on political ads, some top Democrats urged Facebook to follow, saying the site’s promotion tools benefit President Trump by allowing him and his allies to spread falsehoods that reach millions. But if Facebook were to cut off political ads, it could end up undercutting the first-time candidates inspired to enter politics by Trump’s election, including some of the Democrats who helped the party retake the House in 2018. “Online advertising lowers the cost and the barriers to entry,” said Erika Franklin Fowler of Wesleyan University, in part because advertisers can pay for specific impressions rather than having to display ads to an entire local television audience, which may exceed a particular electoral district, creating unnecessary costs.
Deval Patrick Joins the 2020 Race: ‘This won’t be easy, and it shouldn’t be’
MSN – Matt Stevens and Jonathan Martin (New York Times) | Published: 11/14/2019
Former Massachusetts Gov. Deval Patrick officially entered the presidential race, adding an 18th candidate and a late twist to a turbulent Democratic primary with less than three months to go before the Iowa caucuses. Patrick sought to immediately draw a contrast with some of the leading candidates, indirectly taking aim at former Vice President Joe Biden and U.S. Sens. Elizabeth Warren and Bernie Sanders by echoing critiques of their approaches that other candidates have been voicing for weeks, if not months. Patrick’s entry into the contest reflects unease among some Democrats around the current state of the race and underscore the fact that no candidate has yet emerged as a dominant force.
Founder’s Presidential Bid Puts Bloomberg News in Spotlight
The Hill – Joe Concha | Published: 11/12/2019
Former New York City Mayor Michael Bloomberg’s potential presidential bid could raise serious questions for the news organization that bears his name. While it is more famous for its coverage of the economy and global markets, Bloomberg News has a robust news operation that covers the White House, presidential campaigns, and Congress. Bloomberg’s entry into the crowded Democratic primary would leave the reporters and editors covering their company’s namesake as he battles more than a dozen others for the party’s presidential nomination.
Impeachment Hearings Open with Revelation on Trump’s Ukraine Pressure
MSN – Nicholas Fandos and Michael Shear (New York Times) | Published: 11/13/2019
William Taylor Jr., the acting ambassador to Ukraine, revealed new evidence of President Trump’s personal efforts to press Ukraine to investigate political rivals as House investigators launched public impeachment hearings. Taylor said his staff recently told him they overheard Trump’s phone call with Ambassador Gordon Sondland at a restaurant the day after Trump’s July 25 phone call with the new leader of Ukraine that sparked the impeachment investigation. The staffer explained that Sondland had called the president and Trump could be heard asking about “the investigations.” Sondland told the president the Ukrainians were ready to move forward, Taylor testified.
Lobbyist Says He Wasn’t Lobbying When He Tried to Oust Ukrainian Ambassador. Experts Disagree.
USA Today – Kevin McCoy | Published: 11/8/2019
An allegation that lobbyist Bob Livingston sought to oust the U.S. ambassador to Ukraine raises questions about whether he violated a federal law that requires lobbyists to disclose their work for foreign clients. Livingston, a former high-ranking House member who heads an influential K Street lobbying firm, repeatedly called Foreign Service Officer Catherine Croft and pressed for the ouster of the ambassador, Marie Yovanovich, Croft told impeachment investigators. Livingston probably should have disclosed whether he was paid by two Ukraine-linked clients or any other foreigner to seek Yovanovitch’s removal, two legal experts on the Foreign Agents Registration Acts aid. But Livingston said he made the calls as a “concerned American citizen,” not as a lobbyist.
Redistricting Activists Brace for Wall of Inaction as Battle Moves to States
San Antonio Express-News – Amy Gardner, Ted Mellnik, and Adrian Blanco (Washington Post) | Published: 11/12/2019
The U.S. Supreme Court’s decision that partisan gerrymanders are beyond the reach of federal courts has opened the door to a patchwork of outcomes in different states that will hinge on the partisan tilt of their judiciaries and the fine print of their constitutions. That ruling also negated decisions in lower federal courts that threw out maps in key swing states, including Michigan and Wisconsin, meaning those districts will remain in place for next year’s elections. Activists fighting what they view as unfair drawing of district lines said they now must intensify their strategy of backing like-minded candidates for state Legislatures, governors, and even judicial seats to lay the groundwork for future court challenges they think might not succeed today.
Report: Election vendors are ‘prime targets,’ need oversight
AP News – Christina Cassidy | Published: 11/12/2019
The private companies that make voting equipment and build and maintain voter registration databases lack any meaningful federal oversight despite the crucial role they play in U.S. elections, leaving the nation’s electoral process vulnerable to attack, according to a new report from the Brennan Center for Justice. The report calls on Congress to establish a framework for federal certification of election vendors. The authors say this could be established as a voluntary program, similar to how voting machines are certified, with incentives for state and local election officials to use vendors that have completed the process. It would include the establishment of federal standards and the ability for federal officials to monitor compliance and address any violations.
She Inflated Her Resume and Peddled a Fake Time Cover. Trump Appointed Her to the State Department.
MSN – Reis Thebault (Washington Post) | Published: 11/12/2019
A fabricated Time cover is just one of Mina Chang’s listed accomplishments and résumé line items that has come into question after a media investigation found the Trump administration appointee embellished her work history and made misleading claims about her professional background. Chang in April joined the State Department’s Bureau of Conflict and Stabilization Operations as a deputy assistant secretary. At one point, she was up for a more senior post at the United States Agency for International Development’s Bureau for Asia, but in September, her nomination was withdrawn without explanation. It has been a persistent problem for President Trump’s administration: an apparent failure to recognize red flags when vetting potential hires and appointees.
Trump Allies Received Hundreds of Thousands of Dollars Under Federal Health Contract
Politico – Dan Diamond and Adam Cancryn | Published: 11/12/2019
At least eight former White House, presidential transition, and campaign officials for President Donald Trump were hired as outside contractors to the Department of Health and Human Services at the cost of hundreds of thousands of dollars per year. They charged up to $380 per hour for work traditionally handled by dozens of career civil servants in the Centers for Medicare and Medicaid Services’ communications department. The arrangement allowed the Trump allies to cycle through the federal government’s opaque contracting system, charging hefty fees with little public oversight or accountability.
Why Did Google Take Action Against Some Pro-Trump Ads? It’s One of the Many Mysteries of Its Political Ad Rules.
Washington Post – Tony Romm and Isaac Stanley-Becker | Published: 11/8/2019
Google took action against seven ads purchased by President Trump’s 2020 campaign recently, claiming they violated the company’s rules even though they had been viewed at least 24 million times. But Google said little else: It didn’t share a copy of the ads in question or disclose what standards they had violated. To experts, those unknowns are just two of many mysteries that demonstrate the company’s continued struggles to spot and shield users from potentially problematic political content with the 2020 presidential election a year away. Critics contend Google suffers from its own blind spots around paid political speech, which has generated nearly $124 million for the company since it began releasing its data in May 2018.
Canada
Canada – How Corporations Still Get Away with Secret Lobbying in B.C.
The Narwhal – Christopher Pollon | Published: 11/12/2019
British Columbia’s New Democratic Party has promised to clean up politics, eliminate big money campaign donations, and ferret out corporate influence – which includes Bill 54, the province’s lobbying amendment act introduced last October. But in spite of much talk and limited action, the secret lobbying of elected officials remains a common practice in British Columbia today, according to Duff Conacher, coordinator of Democracy Watch. Conacher said all of the recently announced changes, including a strengthened two-year ban on lobbying for politicians or high-level bureaucrats after leaving office, only apply to those who officially register with the Office of the Register of Lobbyists. But if someone is not being expressly paid to lobby or do less than 50 hours of in-house lobbying a year, registration is not required.
From the States and Municipalities
California – Campaign Finance and Lobbyist Registration Rules Get First Nod in Newport Beach
Los Angeles Times – Hillary Davis | Published: 11/8/2019
Newport Beach City Council candidates who knowingly accept campaign donations over the limit may be subject to removal from office under local election reforms that advanced at a recent meeting. The council gave initial approval to two ordinances – one adding a grace period for fixing violations of municipal political contribution limits, plus penalties for scofflaws, and another to establish local lobbyist registration. The lobbyist rule would require an advocate who receives at least $500 a month or works under a contingency contract to register.
California – PG&E Helped Fund the Careers of Calif. Governor and His wife. Now He Accuses the Utility of ‘Corporate Greed.’
San Francisco Chronicle – Douglas MacMillan and Neena Satija (Washington Post) | Published: 11/11/2019
California Gov. Gavin Newsom has repeatedly called out Pacific Gas and Electric (PG&E) for “corporate greed” in light of its role in the wave of wildfires in his state, but Newsom and his wife have accepted more than $700,000 from the utility, its foundation, and employees as PG&E has supported his campaigns, ballot initiatives, inauguration festivities, and Jennifer Siebel Newsom’s foundation. The payments are not unusual for PG&E, one of the most politically active companies in California state and local politics and a prolific donor to Bay Area charities. When a federal judge asked PG&E in July to explain why its political spending was “more important than replacing or repairing the aging transmission lines,” the utility said it needs to make the concerns of its employees, customers, and shareholders known to policymakers.
Colorado – Ethics Report on John Hickenlooper’s Private Jet Travel Is Released
Denver Post – Justin Wingerter | Published: 11/7/2019
Colorado’s Independent Ethics Commission released a report into former Gov. John Hickenlooper’s travel, including interview notes that show a private jet trip to Connecticut last year was paid for by a billionaire friend’s company. The report, which drew no conclusions, will be used by the ethics commission as it conducts a hearing into Hickenlooper’s travel and whether that travel violated the Colorado Constitution. The report is primarily made up of interview summations, along with documentation such as checks and travel itineraries.
Florida – Scandalous Details to Emerge in Ex-Mayor Joy Cooper’s Corruption Trial
South Florida Sun-Sentinel – Susannah Bryan | Published: 11/14/2019
The high-profile trial of Joy Cooper, the former mayor of Hallandale Beach arrested on corruption charges, has a slew of scandalous details. And the jurors chosen to serve in Cooper’s trial are likely to hear most of them. Most of those details are related to former lobbyist Alan Koslow, a star witness for the state. A flashy character who at one time boasted he was “Mr. Hollywood,” Koslow became an FBI informant tapped by the agency to ferret out public corruption in Broward County. But before all that, Koslow fell for a ruse set up by two undercover agents who went by the names Jack and Joey. They posed as out-of-town developers who wanted his help getting a high-rise project approved in Hallandale Beach. Koslow told the men he had influence with the Hallandale Beach commission and “had the vote of the mayor,” court records say.
Idaho – Whodunit in the Library: Someone keeps hiding the anti-Trump books
MSN – Mike Baker (New York Times) | Published: 11/10/2019
Someone has been hiding books in the Coeur d’Alene Public Library, those that explore politics through a progressive lens, or criticize President Trump. They wind up misfiled in out-of-the-way corners where readers will be sure not to find them. “I am going to continue hiding these books in the most obscure places I can find to keep this propaganda out of the hands of young minds,” the mystery book relocator wrote in a note left for Bette Ammon, the library director. The incidents over this past year were not the first-time books have mysteriously disappeared. For decades, Coeur d’Alene has navigated a delicate political landscape in northern Idaho, a conservative corner of the country where some have sought refuge from political and social changes elsewhere.
Illinois – Chicago Aldermen Propose Their Own Changes to City Lobbying Rules
Crain’s Chicago Business – A.D. Quig | Published: 11/13/2019
As Illinois legislators weigh ethics changes in response to federal investigations into elected officials, businesses, and lobbyists, aldermen in Chicago are lining up behind their own changes to city lobbying rules. Ald. Michele Smith, who chairs the Committee on Ethics and Government Oversight, and Ald. Matt O’Shea have introduced a ban on city council members acting as paid lobbyists and on outside elected officials lobbying on Chicago matters. So far, they have convinced a majority of the council to support the change.
Illinois – In Springfield, Family Ties Bind Lobbyists, Lawmakers
Prairie State Wire – W.J. Kennedy | Published: 11/11/2019
When he is not in Springfield, Illinois Rep. Michael J. Zalewski says he is a “health care attorney.” But he really works as a municipal lobbyist, representing client interests before local government village boards and city councils. They include Chicago, where his father, Michael R. Zalewski, served as an alderman for 23 years until he resigned this spring after his home was raided by federal authorities as part of a corruption investigation. Rep. Zalewski, questioned earlier this year about whether his side local lobbying job was appropriate, was incredulous. “I’ve acted with integrity and honor,” Zalewski said. “I’ve complied with all ethical and legal guidelines.” He is not the only one seemingly unconcerned with appearances.
Illinois – Lobbying by Sitting Illinois Lawmakers Under Scrutiny
AP News – John O’Connor | Published: 11/11/2019
A federal bribery charge against Illinois Rep. Luis Arroyo has led to questions about whether lawmakers should be allowed to lobby other units of government. Most states allow lawmakers to lobby outside state government, and Illinois is not even the least restrictive. Eighteen states, including California, have no restrictions on such lobbying. House Republicans have produced a package of legislation, including a ban on lobbying by active legislators and a revamp of annually required statements of economic interest.
Iowa – Iowa Ethics Board Looking for Leader to Succeed Megan Tooker
The Gazette – Staff | Published: 11/12/2019
The Iowa Ethics and Campaign Disclosure Board is looking for a new executive director to replace Megan Tooker. She said she is leaving in mid-December to pursue other career opportunities. Board members likely will establish a committee to screen candidates and bring one or more finalists for the board to consider.
Iowa – Steyer Aide Offered Money for Endorsements
AP News – Alexandra Jaffe | Published: 11/7/2019
A top aide to Democratic presidential candidate Tom Steyer in Iowa privately offered campaign contributions to local politicians in exchange for endorsing his White House bid, according to multiple people with direct knowledge of the conversations. The overtures from Pat Murphy, a former Iowa House speaker, are not illegal, though payments for endorsements would violate campaign finance laws if not disclosed. There is no evidence any Iowans accepted the offer or received contributions from Steyer’s campaign as compensation for their backing. Murphy has resigned from the campaign.
Kentucky – Close Election in Kentucky Was Ripe for Twitter, and an Omen for 2020
MSN – Mathew Rosenberg and Nick Corasaniti (New York Times) | Published: 11/10/2019
A few hours after polls closed in Kentucky on November 5, a Twitter user writing under the handle @Overlordkraken1 posted a message to his 19 followers saying he had “just shredded a box of Republican mail-in ballots.” It was clear the Kentucky governor’s race was going to be excruciatingly close, and the Republican incumbent, Matt Bevin, could be headed to defeat. For those eager to cry fraud as a reliably red state leaned blue, the fact that @Overlordkraken1 did not appear to be in Kentucky was not going to get in the way of a useful narrative. Kentucky is shaping up to be a case study in the real-word impact of disinformation, and a preview of what election-security officials and experts fear could unfold a year from now if the 2020 presidential election comes down to the wire.
Louisiana – Louisiana Supreme Court Justice Jefferson Hughes III Denies Payoff Allegation from Ex-Hammond Councilman
New Orleans Advocate – John Simerman | Published: 11/3/2019
Louisiana Supreme Court Justice Jefferson Hughes III acknowledges he visited a former Hammond city councilperson at his home to question him about his support for Will Crain, an appeals court jurist running for an open seat alongside Hughes on the state’s high court. Hughes also said he told the ex-councilperson, local political operative Johnny Blount, that he might find it more financially rewarding to back Hans Liljeberg, the state appeals court judge facing off against Crain in the November 16 runoff. But Hughes insisted he never offered Blount $5,000 to come out publicly for Liljeberg, an allegation Blount made in an affidavit. Blount’s affidavit prompted Richard Ducote, who lost in the primary for the Supreme Court seat and now backs Crain, to file a complaint against Hughes with the Louisiana Judiciary Commission.
Maryland – Annapolis Ethics Commission Chair Owns a Short-Term Rental Property, Says Not a Conflict of Interest
Capital Gazette – Brooks DuBose | Published: 11/13/2019
Annapolis Ethics Commission Chairperson Jim Dolezal did not disclose he operates a short-term rental property before voting with the commission to deny a request by city Ald. Elly Tierney to reconsider her recusal from a contentious debate on short-term rental legislation. The ethics panel upheld the recusal by citing a potential conflict-of-interest because Tierney owns and operates a bed and breakfast. Dolezal’s property is only available to rent during the annual U.S. Sailboat Show and Naval Academy Commissioning Week, he said. Current and proposed rental legislation specifically exempts rentals from those two events.
Massachusetts – Boston Subpoenaed by Grand Jury in Marijuana Corruption Probe
Boston Globe – Dan Adams | Published: 11/9/2019
A federal grand jury has subpoenaed the City of Boston for records of interactions between local officials and marijuana company representatives. The demand makes the city the most prominent subject yet of a wide-ranging investigation into municipal corruption by the office of U.S. Attorney Andrew Lelling, though there is no evidence prosecutors are targeting Boston in particular. One main focus of the probe is the “host community agreements” every marijuana firm must sign with the city or town where it hopes to open before it can obtain a state license. Boston so far has signed host community agreements with 14 marijuana operators; no recreational pot shops have opened in the city, though several have applications pending before the state Cannabis Control Commission.
Michigan – News Websites with Political Ties Spread Across Michigan
Governing – Malachi Barrett (MLive.com) | Published: 11/9/2019
A growing number of media organizations with ties to partisan activists are spreading in Michigan in time for the 2020 presidential election. News websites affiliated with Republican and Democratic groups have sprung up in battleground states in the last year. The websites are straightforward about their editorial agenda to varying degrees – some described themselves as watchdogs meant to replace trusted community newspapers while others clearly exhibit a partisan slant and use layouts designed to resemble conventional news organizations. “There’s never been a more difficult time for information consumers than the time we’re in right now,” said Kathleen Bartzen, director of the Center for Journalism Ethics at the University of Wisconsin.
New York – Developer Pays $10K to Settle De Blasio Dubious Donation Case
The City – Greg Smith | Published: 11/13/2019
Douglaston Development will pay $10,000 to end an investigation into a contribution by the company to New York City Mayor Bill de Blasio’s now defunct nonprofit, Campaign for One New York. The Joint Commission on Public Ethics (JCOPE) previously reached settlements with three other major developers the mayor had solicited for donations. Entities that are lobbying City Hall for favorable treatment are prohibited from giving gifts to public officials or to third parties designated by a public official. JCOPE was looking at the donations to DeBlasio’s nonprofit as illegal gifts.
New York – Inspector General Probed Ethics Panel’s Alleged Leak to Cuomo
Albany Times Union – Brendan Lyons | Published: 11/13/2019
New York Gov. Andrew Cuomo was allegedly briefed on the details of a closed-door vote by the Joint Commission on Public Ethics (JCOPE) last January, around the time the panel voted on whether to investigate Joseph Percoco, a former top aide to the governor. The allegation – that someone in JCOPE may have illegally informed the governor or his staff about the voting breakdown of the panel’s non-public decision – was secretly investigated by the state inspector general’s office between January and October 4, when the inspector general sent a letter to JCOPE stating its investigation had been unable to substantiate the complaint. The apparent breach of JCOPE’s bylaws was revealed when Cuomo allegedly contacted Assembly Speaker Carl Heastie almost immediately following the commission’s January meeting and expressed concerns about the votes of the speaker’s appointees to JCOPE.
New York – Under Proposal, Taxpayer Funds Could Match Big Campaign Donations
Albany Times Union – Chris Bragg | Published: 11/13/2019
The plans of a commission charged with rewriting New York’s campaign finance rules quickly drew criticism from advocates who had hoped the panel would reduce the role of big money in state politics. The Public Campaign Finance Commission voted to preliminarily adopt new donation limits for elections for the state Assembly and Senate. While those limits would be about half the current maximum amounts in New York, they would still be quite high by the standards of elections outside the state. “They’re simply reducing the limits from being astronomical to being sky-high,” said Alex Camarda, senior policy advisor at the government reform group Reinvent Albany.
Oregon – Oregon to Launch Statewide Procurement Marketplace in 2020
Governing – Andrew Westrope (Government Technology) | Published: 11/9/2019
Oregon has contracted with Periscope Holdings, a developer of e-procurement systems, to create a new statewide procurement platform, OregonBuys, set to launch in 2020. Based on the company’s BuySpeed e-procurement system, OregonBuys will standardize the procurement process across all state agencies, automate some of the associated tasks, and track and manage government purchases of goods and services.
Pennsylvania – FBI Eyes How Pennsylvania Approved Pipeline
AP News – Marc Levy | Published: 11/12/2019
The FBI has begun a corruption investigation into how Gov. Tom Wolf’s administration came to issue permits for construction on a multibillion-dollar pipeline project to carry highly volatile natural gas liquids across Pennsylvania. FBI agents have interviewed current or former state employees about the Mariner East project and the construction permits, according to three people who have direct knowledge of the agents’ line of questioning. The focus of the agents’ questions involves the permitting of the pipeline, whether Wolf and his administration forced environmental protection staff to approve construction permits and whether Wolf or his administration received anything in return, those people say.
Tennessee – State Panel Questions Recent Ruling to Lower Jeremy Durham’s Campaign Finance Penalty, Calls for New Hearing
The Tennessean – Joel Ebert | Published: 11/13/2019
Campaign finance officials in Tennessee are rejecting an administrative law judge’s ruling to reduce a record-setting fine against former state Rep. Jeremy Durham. The Registry of Election Finance concurred with a recommendation from Bill Young, executive director of the Bureau of Ethics and Finance, to hold a hearing to consider Durham’s case again. The issue dates back to a $465,000 fine the registry levied against Durham in 2017, after an audit found he violated state campaign finance law hundreds of times, including by using donors’ money to buy custom suits and sunglasses. Administrative Law Judge Steve Darnell said the registry’s initial civil penalty was excessive, noted the broadness of the state’s campaign finance laws, and placed the burden of proof on auditors to determine if Durham’s questionable expenditures were illegal. Darnell said the fine should be reduced to $110,000.
Texas – Campaign Contribution Limits Going Up
Austin Monitor – Jo Clifford | Published: 11/12/2019
Austin voters approved new campaign finance regulations in 1997 that limit the amount an individual can give to each candidate. City Clerk Jannette Goodall announced that the amount has risen from $350 to $400. “The limits are increasing for the first time in a number of years based on the Department of Labor’s Consumer Price Index,” Goodall said. In addition, candidates will now be allowed to collect $38,000, rather than $37,000, “from sources other than natural persons eligible to vote in a postal ZIP code completely or partially within the (city of Austin) limits.”
Texas – Dallas Mayor Taps Attorney Tim Powers as Ethics Czar, Promises ‘Teeth’ to City Code
Dallas Morning News – Hayat Norimine | Published: 11/8/2019
Dallas Mayor Eric Johnson carried out an inaugural promise to pick an ethics czar to rewrite the city’s ethics code. Johnson announced that Tim Powers, a managing partner at the law firm Haynes and Boone LLP who has been chairperson of the Ethics Advisory Commission for a few months, will lead a working group that would scrutinize the ethics code and recommend changes. Johnson said he wants the city council to vote on the recommendations by June.
Texas – Top Texas GOP Donor Resigns from Company After Admitting to Prohibited Contributions
Texas Tribune – Patrick Svitek | Published: 11/7/2019
James Dannenbaum, a prolific Republican donor and former University of Texas regent, is resigning from his namesake engineering company after admitting to coordinating illegal campaign contributions in 2017. Dannenbaum, the chief executive officer of Dannenbaum Engineering, was charged with recruiting employees to donate over $20,000 to three congressional candidates in February 2017 and then reimbursing them with corporate funds. It is a felony to set up such conduit donations, which typically happen when the offender has already given the maximum amount to campaigns, which was $2,700 per election last cycle.
Virginia – In Virginia, Republicans Confront a Fearful Electoral Future
Houston Chronicle – Gregory Schneider and Michael Scherer (Washington Post) | Published: 11/8/2019
The November 5 elections revealed new troubles for the Republican Party in suburbs from Memphis to Philadelphia. Nowhere has the problem been more pronounced than in Virginia, where Republicans have been all but wiped from power in the past decade. Virginia now stands as a fearful avatar for Republicans of what the nation’s unrelenting demographic and cultural changes mean for the party, as the moderate-to-liberal urban and suburban areas grow and more conservative rural areas lose ground. Similar shifts are starting to hit such states as North Carolina, Arizona, Georgia, and Texas, as minority populations increase and white college-educated voters continue to turn away from the GOP brand.
Washington – After Massive Spending, Fight Rages on for Bill to Curb Seattle PAC Money
MyNorthwest.com – Nick Bowman | Published: 11/11/2019
On the heels of sizable corporate spending in Seattle’s city council races, Councilperson Lorena Gonzalez is continuing to fight for legislation to curb that spending in future elections. Her bill will look to curb political spending in Seattle elections in three ways: prohibiting donations from foreign-owned companies; limiting contributions from individuals to independent expenditure committees to $5,000 each; and clarifying reporting requirements for commercial advertisers running paid political ads.
Washington DC – D.C. Lawmaker Jack Evans Owned Bank Stock While Pushing Bill Favored by Bank
Washington Post – Fenit Nirappil and Steve Thompson | Published: 11/9/2019
When District of Columbia Council member Jack Evans proposed a bill in 2011 that would have shifted more city government deposits into local banks, he told a business journal he got the idea from EagleBank, one of a few institutions that would have benefited. What Evans never made public was that he held stock in EagleBank worth tens of thousands of dollars. Evans’ financial interest in EagleBank was among the revelations in a recent report from an ethics investigation. In the fallout from the report, nearly every other member of the council has publicly or privately urged Evans, the city’s longest serving lawmaker, to resign. Evans’ relationship with EagleBank has also attracted the interest of federal prosecutors.
Wisconsin – Lawsuit Could Deactivate 234,000 Voters in Wisconsin
AP News – Scott Bauer | Published: 11/13/2019
More than 234,000 voters in Wisconsin would be made unable to cast their ballot unless they register again before the next election under a lawsuit that liberals fear could dampen turnout among Democrats in the 2020 presidential race. The lawsuit could affect how many voters are able to cast ballots in both the April presidential primary and November 2020 general election in Wisconsin, a key swing state that both sides are targeting. President Trump narrowly won the state by less than 23,000 votes in 2016.
November 8, 2019 •
News You Can Use Digest – November 8, 2019
![News You Can Use Digest – November 8, 2019](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal A Conspiracy of Hunches: Roger Stone trial set to start this week San Francisco Chronicle – Devlin Barrett, Spencer Hsu, and Manuel Roig-Franzia (Washington Post) | Published: 11/4/2019 Roger Stone is on trial in federal court, where prosecutors plan to […]
National/Federal
A Conspiracy of Hunches: Roger Stone trial set to start this week
San Francisco Chronicle – Devlin Barrett, Spencer Hsu, and Manuel Roig-Franzia (Washington Post) | Published: 11/4/2019
Roger Stone is on trial in federal court, where prosecutors plan to dive back into an episode of political chicanery, alleged lies, and conspiratorial texts that parallels the nascent impeachment inquiry into his longtime friend President Trump. Stone has long cultivated a public image as a dirty trickster on the edges of mainstream politics. He has been charged with lying to Congress and trying to tamper with a witness during a congressional investigation into interference in the 2016 election. His trial offers the possibility of fresh insights into the strange quest by some in Trump’s orbit for a kind of political kryptonite to use against Hillary Clinton – secret emails that would, they hoped, destroy her candidacy.
Advocacy Groups Fear Impact of Twitter Political Ad Ban
The Hill – Alex Gangitano | Published: 11/1/2019
Advocacy groups and trade associations are worried that Twitter’s decision to ban all political advertisements could hurt their efforts to use digital marketing to promote their issues. One source told The Hill the Twitter announcement sent “shock waves” through public affairs professionals in Washington, D.C. While Twitter is still working to finalize its rules, the changes are likely to force those groups to rework how they speak to elected officials, stakeholders, and the public through social media. There are still many questions about the scope of Twitter’s ban. Some asked how Twitter will deal with companies who are politically active.
As Trump Moves to Bully Witnesses and Derail Impeachment, Democrats See Obstruction
Anchorage Daily News – Phillip Rucker, Rachael Bade, and Roisalind Helderman (Washington Post) | Published: 11/1/2019
The centerpiece of House Democrats’ eventual impeachment charges is widely expected to be President Trump’s alleged abuse of power over Ukraine. But obstruction of Congress is now all but certain to be introduced as well, just as it was five decades ago when the House Judiciary Committee voted for articles of impeachment against then-President Richard Nixon. Democrats argue the Trump administration’s stonewalling –including trying to stop subpoenaed witnesses from testifying and blocking the executive branch from turning over documents – creates a strong case the president has infringed on the separation of powers and undercut lawmakers’ oversight duties as laid out in the Constitution.
Giuliani: I never lobbied or represented foreigners
Roll Call – Kate Ackley | Published: 10/31/2019
Rudolph Giuliani, who spent more than a dozen years with two well-known K Street firms, has deep ties to the influence industry. The former New York mayor logged a decade with the law and lobbying firm then known as Bracewell & Giuliani and a two-year stint after that with Greenberg Traurig. Giuliani never registered to lobby and has never disclosed work as a foreign agent, though it is his international portfolio that has generated attention from federal prosecutors. Though Bracewell appears not to have registered to do foreign influence work, Giuliani’s name appears in Foreign Agent Registration Act filings during his time there.
Higher Earning ‘Elite’ Political Lobbyists Overstate Their Own Achievements, Study Shows
Phys.org – University of Exeter | Published: 11/6/2019
Research from the University of Exeter in the United Kingdom shows high-earning lobbyists living in Washington, D.C. with congressional experience, and who engage in a broader range of activities, were more likely than other lobbyists to inflate their success. Lobbyists who have a smaller salary and work in specialist areas or for public interest groups are less overconfident, or even underestimate their success. Researchers said this suggests overconfidence can help lobbyists make connections with important people but does not necessarily lead to them being able to influence policies. The research examined whether a lobbyist’s perception of their own success was accurate, compared to legislative outcomes, and if their measure of their own success was in line with other lobbyists who worked on the same issues.
Inside Adam Schiff’s Impeachment Game Plan
MSN – Adam Zengerle (New York Times) | Published: 11/5/2019
After Speaker Nancy Pelosi announced the House was moving forward with an “official impeachment inquiry,” she said U.S. Rep. Adam Schiff would be leading the investigation. Schiff’s initial reluctance to pursue impeachment, paradoxically, has made him a particularly effective advocate for it in the past month. In his interviews and news conferences, he strikes a more-in-sorrow-than-in-anger tone, in keeping with Pelosi’s interest in presenting impeachment as a “prayerful, solemn, difficult” process. Schiff has come to occupy a unique and privileged place in the Democratic firmament. His Ukraine investigation has now been invested with all the hopes and dreams that Democrats once placed in the special prosecutor Robert Mueller’s Russia probe. In Schiff, Democrats believe they have found a more reliable vessel than Mueller and an opportunity for a do-over of sorts.
K Street’s Newest Star Built Business on Dubious Claims of Trump Ties
Laredo Morning Times – Beth Reinhard and Jonathan O’Connell (Washington Post) | Published: 11/1/2019
Since President Trump took office, the lobbyist Michael Esposito has been wildly successful, turning a family business that once focused on municipal transportation issues into one of the fastest-growing lobbying firms in Washington, D.C. Fueling that rise, at least in part, are Esposito’s claims that he is uniquely positioned: a former Capitol Hill staffer who is close to centers of power in the Trump administration. Some of those very people, however, said Esposito’s claims are greatly embellished, or simply not true. Esposito, whose firm says it employs a half-dozen other lobbyists, some of whom have White House and congressional experience, said his clients had scrutinized his record and would have detected any falsehoods.
Lobbyists’ Revolving Door Leads Back to Capitol Hill Jobs
Bloomberg Government – Megan Wilson | Published: 11/5/2019
More than 100 staff members traded in jobs with high-paying K Street firms, corporations, trade associations, or nonprofits for long hours on Capitol Hill beset by partisan brawls and legislative gridlock. Nearly 60 percent of the 110 people who have moved to the Hill from the influence industry since the midterm election went to work for House Democrats, a likely result of the flurry of new jobs available after the party regained control of the chamber. Republican offices in both the House and Senate hired 31 ex-lobbyists, or 28 percent of the total number who moved over. Some say they are doing it out of a desire to be in public service or because they have a longtime loyalty to their congressional bosses. Congress has made no conflict-of-interest rules limiting the interactions of lobbyists returning to Capitol Hill.
Sondland Updates Impeachment Testimony, Describing Ukraine Quid Pro Quo
MSN – Michael Schmidt (New York Times) | Published: 11/5/2019
A critical witness in the impeachment inquiry offered Congress substantial new testimony, revealing he told a top Ukrainian official that the country likely would not receive American military aid unless it publicly committed to investigations President Trump wanted. The disclosure from Gordon Sondland, the U.S. ambassador to the European Union, in four new pages of sworn testimony, confirmed his involvement in laying out a quid pro quo to Ukraine that he had previously not acknowledged. The issue is at the heart of the impeachment investigation into Trump, which turns on the allegation the president abused his power to extract political favors from a foreign power. Trump has consistently maintained that he did nothing wrong and that there was no quid pro quo with Ukraine.
The Hottest Stop for Candidates on the 2020 Campaign Trail? The Picket Line.
Washington Post – Eli Rosenberg | Published: 11/2/2019
The road to the presidential nomination next year is sure to be full of unforeseen twists and potholes as a crowded field of Democratic contenders dukes it out in a volatile political climate. But about a year into their race, one thing is clear: It leads through a thicket of striking workers, in a number of states, whether they are in front of a grocery store, an automotive factory, or an elementary school. This push comes as they try to dislodge some of the support President Trump has found in states that have lost tens of thousands of union jobs in recent years, including Wisconsin, Michigan, and Pennsylvania. Political observers said the rush by 2020 hopefuls to embrace striking workers marks a new chapter, although unions have been nominally aligned with Democratic politicians on and off for years.
The Messy Politics of Voter Purges
Pew Charitable Trusts – Matt Vasilogambros (Stateline) | Published: 10/25/2019
With a year until the 2020 presidential election, many states are still crafting ballot access policies that will shape their electorate. Decisions about voter list maintenance, one of the most essential bureaucratic duties of state election officials, received intense scrutiny in several states this year. While federal law mandates a certain level of voter roll maintenance, states differ on how they manage their registration databases. Most state officials are just trying to keep voter lists clean, said David Becker, executive director and founder of the Center for Election Innovation and Research. Inevitably, however, dropping voters from the rolls inspires forceful political pushback, as many voting rights activists fear it is a form of voter suppression.
Trump Lures GOP Senators on Impeachment with Cold Cash
Politico – Alex Isenstadt | Published: 10/31/2019
President Trump is rewarding senators who have his back on impeachment and sending a message to those who do not to get on board. Trump is tapping his vast fundraising network for a handful of loyal senators facing tough reelection bids in 2020. Each of them has signed onto a Republican-backed resolution condemning the inquiry as “unprecedented and undemocratic.” Republican senators on the ballot next year are lagging in fundraising, stoking uncertainty about the GOP’s hold on the chamber, and could use the fundraising might of the president. Trump’s political operation has raked in over $300 million this year.
Trump Wanted Barr to Hold News Conference Saying the President Broke No Laws in Call with Ukrainian Leader
MSN – Matt Zapotosky, Josh Dawsey, and Carol Leonnig (Washington Post) | Published: 11/6/2019
President Trump wanted Attorney General William Barr to hold a news conference declaring that the president had broken no laws during a phone call in which he pressed his Ukrainian counterpart to investigate a political rival, though Barr ultimately declined to do so, people familiar with the matter said. The request from Trump traveled from him to other White House officials and eventually to the Justice Department. The president has mentioned Barr’s demurral to associates in recent weeks, saying he wished Barr would have held the news conference, Trump advisers say. Those close to the administration concede the department has made several recent maneuvers putting it at odds with the White House at a particularly precarious time for Trump.
Canada
Canada – Alberta Businessman, Company Fined $25,000 Over Donations to Jeff Callaway Campaign
Globe and Mail – James Keller | Published: 11/4/2019
Alberta’s election commissioner fined a Calgary businessperson and a company he controls over allegations they illegally gave $60,000 to a failed contender for the leadership of the provincial United Conservative Party (UCP), who then used that money to reimburse straw donors to his campaign. Robyn Lore and Agropyron Enterprises were fined a combined total of $25,000 for their involvement in Jeff Callaway’s UCP leadership campaign in 2017. The elections commissioner has issued more than $200,000 in fines, including to many of Callaway’s donors and several members of his staff as part of an investigation into how the campaign was financed.
Canada – ‘Deep State’ Lobbying a Growing Tactic of Fossil Fuel Industry, Report Finds
The Narwhal – Sharon Riley | Published: 11/5/2019
Since Canadian Prime Minister Justin Trudeau’s took office in 2015, lobbyists in Ottawa have focused more attention on the nation’s bureaucrats, rather than elected office holders, representing what one researcher is calling a troubling “fusion of private interest and public bodies.” A new report from the Corporate Mapping Project documents the reach of the fossil fuel industry when it comes to lobbying the federal government, raising red flags about what it calls a “troubling shift in lobbying patterns.” The report’s findings suggest industry lobbyists are increasingly focusing on developing closer, long-term relationships with federal bureaucrats rather than elected officials.
From the States and Municipalities
Alaska – Anchorage Judge Orders Alaska Campaign Contribution Limit to Be Reinstated
KTUU – Sean Maguire | Published: 11/6/2019
A Superior Court judge in Anchorage issued a ruling that may hobble the independent expenditure groups that have come to dominate elections in Alaska. Judge William Morse said the Alaska Public Office Commission (APOC) should reinstate the $500 annual per-person contribution limit to PACs that is in state law. APOC stopped enforcing it following the U.S. Supreme Court decision in the case of Citizens United v. Federal Election Commission. Harrow says APOC went too far in its interpretation.
Arkansas – Indictment Says Couple Bought Legislation Tweaks
Arkansas Democrat Gazette – Eric Besson | Published: 11/7/2019
Former executives of the nonprofit at the heart of a sweeping federal political corruption probe in Arkansas face new wire-fraud charges after a federal grand jury produced a fresh allegation involving former state Sen. Jeremy Hutchinson. He pleaded guilty to accepting bribes in connection to payments made by a nonprofit run by the married couple, Bontiea and Tom Goss. The new indictment says Hutchinson added language, at Bontiea Goss’ request, to a Senate bill he sponsored. The language, which remained when the bill became law, helped the Gosses’ nonprofit “because it provided an advantage to the charity when competing for valuable [Arkansas] contracts,” the indictment says. The aim was to help the firm win approval to create a “pay-for-success program.”
California – Donations to Anderson’s 2020 County Supervisor Campaign Draw Questions
San Diego Union-Tribune – Jeff McDonald | Published: 11/4/2019
Ten years ago, when he was a California Assembly member, Joel Anderson was the subject of an investigation into questionable campaign contributions that ended with election regulators fining him $20,000 and the legislator admitting he made a mistake. Now running for a seat on the San Diego County Board of Supervisors, Anderson is under a new investigation involving more recent contributions by some of the same donors from a decade ago. Anderson set up two different campaign committees for the 2020 race, the first nearly five years ago and the second in April 2016. Campaign records show the two committees accepted contributions from at least 11 people who, when their donations are combined, exceeded the county limit of $850 per individual contribution for primary and general elections.
California – SF Voters Pass Prop. F, the ‘Sunlight on Dark Money’ Measure
San Francisco Chronicle – Trisha Thandani | Published: 11/5/2019
A San Francisco ballot measure intended to increase the transparency of who pays for campaign ads won easily on November 5. The passage of Proposition F, called “Sunlight on Dark Money,” means campaigns will be forced to more prominently disclose who donates money to a cause. Proposition F is targeted at independent PACs, which can raise an unlimited amount of money from corporations, unions, and individuals. Those committees can then donate to individual candidate committees, which makes it less obvious who is behind the contributions.
California – Travel, Furniture, ‘Lavish’ Meals: Nonprofit head misspent $1.7 million, filing alleges
Los Angeles Times – David Zahniser | Published: 11/6/2019
The former head of the Los Angeles-based anti-poverty nonprofit Youth Policy Institute improperly used the organization’s funds to pay the property taxes on his house, buy furniture for his home office, and make national political donations, the group alleged in court documents. Dixon Slingerland, who was fired as the group’s chief executive in September, spent the nonprofit’s money on an array of unauthorized and personal expenses, including private tutoring for his children, contributions to his wife’s pension, and “lavish” dining, travel, and entertainment, according to a bankruptcy filing lodged by the nonprofit.
Florida – A Library Wanted a New York Times Subscription. Officials Refused, Citing Trump and ‘Fake News.’
MSN – Antonia Noori Farzan (Washington Post) | Published: 11/5/2019
The board of commissioners in Citrus County, Florida, said it will no longer pay for the county library’s digital subscription to The New York Times, with one commissioner citing President Trump’s claim that the newspaper’s reporting was “fake news” as justifying the decision. On the same day the commissioners met, the White House said it was planning to order that federal agencies end their subscriptions to The Times and the Washington Post, two news outlets often criticized by Trump. “Someone’s personal political view does not have a place in deciding what library resources are available for the entire county,” said Sandy Price, chairperson of the library’s board. “Libraries have to ensure all points of view are represented.”
Georgia – DeKalb County Voters Reject Ballot Referendum to Restructure Ethics Board
Emory Wheel – Ninad Kulkarni | Published: 11/6/2019
A ballot referendum to restructure the DeKalb County Ethics Board failed to pass. The referendum proposed the establishment of a new ethics board for the county and replaced the position of ethics officer with an “ethics administrator.” DeKalb County legislators can vote on a new bill in the 2020 legislative session to address the ethics board. County residents in 2015 voted to make the ethics board more independent and to allow outside groups to appoint a majority of the board members, according to The Atlanta Journal-Constitution. The ethics board had not been functional since a 2018 Georgia Supreme Court ruling mandated that a majority of the members must be appointed by public officials.
Illinois – Pritzker Promises Lobbying Reforms as ‘Small Start’ to End Corrupt ‘Old Way of Doing Politics’
Chicago Sun-Times – Staff | Published: 11/6/2019
Vowing to help lift the cloud of “pay-to-play” politics over Illinois, Gov. J.B. Pritzker told Cook County Democrats he plans to help craft legislation that would shed more light on lobbyists as the first in “a series of ethics reforms that are frankly long overdue.” Expressing his anger over corruption has become a recurring theme for the governor as a sprawling federal investigation ensnares state legislators, Chicago aldermen, and county officials. After general vows to help “root” out illegal activity, Pritzker pledged to take the first step in the upcoming fall veto session.
Illinois – Rep. Luis Arroyo Resigns After Being Charged with Bribery
Chicago Tribune – Dan Petrella and Jamie Munks | Published: 11/1/2019
State Rep. Luis Arroyo resigned from the Illinois House, one week after being arrested on a federal bribery charge. His resignation came hours before a legislative committee was set to meet to consider his ouster. Arroyo is accused of paying a bribe to a state senator in exchange for support of a gambling bill that would have benefited a lobbying client of Arroyo’s. His arrest followed a federal raid on the Capitol office of Sen. Martin Sandoval in September and the indictment of Sen. Thomas Cullerton in August on embezzlement charges in connection with an alleged union ghost payrolling scheme.
Kansas – Fight Over $70M Kansas Prison Health Care Contract Turns Bitter Amid Ethics Concerns
Wichita Eagle – Jonathan Shorman | Published: 11/5/2019
The Tennessee company criticized for providing substandard medical care to Kansas’s 10,000 prison inmates now finds itself at the center of fresh controversy over the future of its $70 million-plus annual contract. Corizon Health alleges the Kansas Department of Corrections put the massive prison health care contract up for bid in a way that eases the path for a competitor who employs the former head of the corrections system. At the same time, a top official in Gov. Laura Kelly’s administration said a Corizon executive made political threats against the current leader of the Department of Corrections over the contract.
Kentucky – Kentucky Outcome Embarrasses Trump and Worries Many Republicans Ahead of 2020
MSN – Robert Costa (Washington Post) | Published: 11/6/2019
Democrats’ claim of victory in Kentucky’s gubernatorial race, as well as the Democratic takeover of the Virginia Legislature, left Republicans stumbling and increasingly uncertain about their own political fates next year tied to an embattled and unpopular president. Many allies of President Trump rushed to explain away the poor performance of incumbent Kentucky Gov. Matt Bevin as an anomaly, while other GOP veterans expressed alarm about the party’s failure in a state where Trump won by nearly 30 percentage points in 2016. Bevin’s attempt to nationalize his cause by stoking conservative grievances about the impeachment process was not enough to overcome his problems nor was Trump’s raucous rally for the governor, raising questions about Trump’s political strength as he faces a barrage of challenges and a difficult path to reelection.
Maine – Vacancy on State Ethics Panel Poses Election-Year Risks
Portland Press Herald – Scott Thistle | Published: 11/3/2019
Leaders of the Maine Legislature have yet to fill a seat that opened on the state ethics board 19 months ago, leaving the public’s only watchdog for campaign finance accountability in a weakened state as candidates begin collecting cash for the next election. Only five people serve on the Maine Commission on Governmental Ethics and Election Practices, and by law no more than two members can belong to the same political party. As a result, one of the seats is usually held by an independent. The last independent commissioner stepped down in March 2018, leaving decisions in the hands of four commissioners who must set aside party loyalties – and who face no prohibition on making political donations themselves.
Missouri – Federal Appeals Court Says Missouri Lobbying Rules Don’t Apply to Activist
St. Louis Post-Dispatch – Erin Heffernan | Published: 11/3/2019
The Eighth U.S. Circuit Court of Appeals ruled that requiring Ron Calzone to sign up as a lobbyist in Missouri unjustly limits his First Amendment rights because he is not paid to press his views with members of the state Legislature and offers them nothing of value. The ruling overturned a decision by a three-judge panel of the same court. That panel had declared the Missouri Ethics Commission could require Calzone to register in the name of transparency and preventing corruption. Calzone, the president and sole officer of the nonprofit Missouri First organization, frequently speaks to lawmakers at the Capitol, often at public hearings. But he says he does not buy food or gifts for legislators.
Nevada – Group Seeks to End Gerrymandering with Independent Commission
Las Vega Review-Journal – Colton Lochhead | Published: 11/4/2019
A group looking to end partisan gerrymandering in Nevada is taking the issue to the voters in hopes of creating a bipartisan independent commission to draw political boundaries in the state instead of lawmakers. The League of Women Voters Nevada is expected to file a constitutional amendment with the secretary of state that, if approved by voters in 2020 and again in 2022, would create a commission that would have the sole authority to draw state legislative and congressional boundaries. According to the description of the proposal, the commission would ensure that districts have roughly equal populations, are “geographically compact and contiguous,” provide equal opportunities for minorities to participate in the process, and do not give an unwarranted advantage to one political party.
New York – Council Approves Fine, Suspension and Monitor for Andy King
Politico – Joe Anuta | Published: 10/28/2019
The New York City Council voted to level the most severe punishment in the panel’s history against Andy King, who was found by investigators to have misused council resources and then retaliated against staff members who he thought were cooperating with the ensuing probe. King’s colleagues voted to suspend him for 30 days, install a monitor for the remainder of his term, fine him $15,000, and strip him of his committee assignments. In addition, staffers who were pressured by King to leave would be allowed to return to work, employees would not be required to chauffeur King around in their personal vehicles without compensation, and King’s wife, an employee of the Service Employees International Union, would be prohibited from conducting council business.
New York – Trump Taxes: Appeals court rules president must turn over 8 years of tax returns
MSN – Benjamin Weiser (New York Times) | Published: 11/4/2019
A federal appeals court ruled President Trump cannot block the Manhattan district attorney’s office from subpoenaing his accounting firm for tax returns and financial records, delivering a blow to the president’s claim that he is immune to criminal investigations. But the court noted they were not ruling on all of the sweeping assertions of immunity the president’s lawyers have claimed. During a hearing before the panel, Trump’s personal lawyer had argued that a sitting president enjoys blanket immunity from criminal prosecution and even investigations while in office. The president’s legal team has already made clear that they intend to bring their case to the U.S. Supreme Court.
North Carolina – Is Dan Forest Owed $80,000 in Damages Over a 2012 Political Ad?
Raleigh News and Observer – Will Doran | Published: 11/4/2019
A group that lobbies for state employees could have to pay North Carolina Lt. Gov. Dan Forest nearly $80,000 because of a campaign finance violation from 2012. The North Carolina Supreme Court heard arguments on both sides of that debate recently, years after Forest’s political committee first sued the political arm of the State Employees Association of North Carolina, which is known as EMPAC, The dispute involves political ads and a since-repealed state law that said political ads had to include a large photograph of either the treasurer or chief executive of the group paying for it. Forest claims he is owed $78,000 in damages, even though he won the 2012 election and went on to serve two terms as lieutenant governor. EMPAC says even if there were technical violations in the ads, it should not have to pay Forest any money because he cannot prove he was harmed.
North Carolina – Senate Leader Using Campaign Cash to Buy Raleigh Home
WRAL – Travis Fain | Published: 11/6/2019
Senate Majority Leader Phil Berger’s campaign is buying him a home in Raleigh, and the State Board of Elections told him that is allowed under North Carolina’s campaign finance law. Berger’s campaign has paid at least $55,000 to a company he created called YPD Properties LLC. YPD is a property management company, and it appears to be a pass-through entity for campaign rent payments that ultimately pay the mortgage for a townhome that Berger and his wife bought in May of 2016. Watchdog Bob Hall filed a formal complaint with the elections board, which enforces campaign finance rules. While others use campaign money to rent apartments or pay hotel bills, Hall said this is different because Berger’s buying an appreciating asset.
Tennessee – Judge Orders State Officials to Reduce Jeremy Durham’s Record-Setting Campaign Finance Penalty to $110,000
The Tennessean – Joel Ebert | Published: 11/4/2019
Administrative Law Judge Steve Darnell said former state Rep. Jeremy Durham’s fine of $465,000 for violating Tennessee’s campaign finance law should be reduced to $110,000. The initial fine was the single-largest civil penalty ever assessed by the Registry of Election Finance. Darnell wrote that the Legislature did not “give the registry an unbridled right to dole out civil penalties.” The judge pointed to legal precedent while saying prohibitions on excess civil penalties are covered by the U.S. Constitution. The ruling could further undermine the statute, giving lawmakers, many of whom spend donors’ money in in questionable ways, even more latitude.
Tennessee – State Sen. Brian Kelsey Faces Federal Probe Over Complicated Trail of Campaign Donations, Current and Former Lawmakers Say
The Tennessean – Joel Ebert and Adam Tamburin | Published: 11/5/2019
Tennessee Sen. Brian Kelsey is the subject of a grand jury probe into a complicated money trail related to his failed congressional bid in 2016. The investigation comes more than two years after The Tennessean reported unusual interactions between Kelsey’s state campaign account, a private Nashville club with a PAC, a federal advocacy organization, and the senator’s congressional bid. In a Campaign Legal Center complaint, the group accused Kelsey of violating straw donor prohibitions by purportedly orchestrating the money trail from his state campaign account to the American Conservative Union. He may have also violated straw donor laws when he gave campaign contributions to lawmakers who provided donations to his federal campaign.
Texas – Texas House Speaker Dennis Bonnen Won’t Face Criminal Prosecution, Brazoria County DA Says
Texas Tribune – Cassandra Pollock | Published: 10/24/2019
Texas House Speaker Dennis Bonnen will not be criminally prosecuted for the things he said during a secretly recorded meeting with a hardline conservative activist, the district attorney in his hometown announced. Bonnen has said he will not seek reelection after activist Michael Quinn Sullivan secretly recorded a meeting with Bonnen in June. In the meeting, Bonnen and a top lieutenant asked Sullivan’s group, Empower Texans, to target a list of 10 House Republicans in the upcoming primary elections, and said he could get Empower Texans media access to the House floor. Bonnen also made a handful of disparaging comments about House Democrats and local leaders.
Virginia – Democrats Flip Virginia Senate and House, Taking Control of State Government for the First Time in a Generation
Washington Post – Gregory Schneider and Laura Vozzella | Published: 11/6/2019
Democrats gained control of both houses of the Virginia General Assembly, tapping strength in the suburbs to consolidate power for the first time in a generation and deliver a rebuke to President Trump. Officials reported unusually high turnout in an election that served as an opening salvo in next year’s presidential showdown, a test of Democratic defiance and Republican resolve in the era of Trump. The sweep completed a dramatic political conversion, from red to blue, of a Southern state on Washington, D.C.’s doorstep.
Virginia – Virginia Cyclist Who Flipped Off Trump Wins Loudoun County Seat Representing His Golf Club
Danbury News Times – Paul Schwartzman (Washington Post) | Published: 11/5/2019
Juli Briskman, the cyclist who was photographed giving President Donald Trump the finger two years ago and found herself without a job and at the center of a national uproar, got a new job on November 5, winning a seat on the Loudoun County Board of Supervisors, ousting a Republican in the process. Briskman raised her middle finger as she rode a bicycle alongside the presidential motorcade as Trump departed his golf club in Sterling, Virginia. Briskman said she was intent on basing her campaign on issues and not the incident involving her finger. But she acknowledged her notoriety helped her raise $150,000 for the race.
Washington – Washington High Court Probes Food Industry’s Speech Rights
Capital Press – Don Jenkins | Published: 10/22/2019
A Washington Supreme Court hearing on a record $18 million fine against the food industry touched on boycotts, death threats, and whether companies have the same free-speech protection as civil rights workers. The Grocery Manufacturers Association (GMA) faces the penalty for failing to timely report the names of the companies that contributed $11 million in 2013 to defeat a GMO-labeling initiative. An appeals court upheld the conviction, but found the violations were not intentional and slashed the penalty to $6 million, still by far the largest fine ever in the U.S. for a campaign violation. At the heart of GMA’s case to overturn the fine is whether companies and executives faced retaliation by engaging in political speech. After a tough initiative battle in California in 2012, the GMA set up a separate account to take in money from members. The group then contributed $11 million under its name to the “no” campaign.
Washington DC – D.C. Lawmaker Jack Evans Used Office to Benefit Private Clients, Probe Finds
Washington Post – Fenit Nirappil | Published: 11/4/2019
District of Columbia Councilperson Jack Evans repeatedly used his office on behalf of private clients who paid him hundreds of thousands of dollars, failing to recognize the conflicts and never properly disclosing the payments, according to an investigation by a law firm hired by the council. The confidential report identified 11 instances since 2014 in which Evans violated the council’s rules governing ethics. It marks the first time the council has detailed ethical lapses by Evans, the city’s longest-serving lawmaker. His business interests and his public actions have been the target of a federal investigation, as well as a probe by the Washington Metropolitan Area Transit Authority.
November 1, 2019 •
News You Can Use Digest – November 1, 2019
![News You Can Use Digest – November 1, 2019](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal AP Exclusive: Middleman helped Saudi give to Obama inaugural AP News – Alan Suderman and Jim Mustian | Published: 10/29/2019 When President Barack Obama was reelected in 2012, a Saudi tycoon and his business associate sent hundreds of thousands of […]
National/Federal
AP Exclusive: Middleman helped Saudi give to Obama inaugural
AP News – Alan Suderman and Jim Mustian | Published: 10/29/2019
When President Barack Obama was reelected in 2012, a Saudi tycoon and his business associate sent hundreds of thousands of dollars to the U.S. to help pay for the inaugural celebration and get a picture with the president. American election law prohibits foreign nationals from making those sorts of contributions. But the donations Sheikh Mohammed Al Rahbani tried to send to Obama’s inaugural committee were funneled through a seasoned straw donor. That intermediary, Imaad Zuberi, agreed to plead guilty to making illegal campaign contributions to several American political candidates on behalf of foreign nationals. The prosecution is the latest in a string of cases that highlight the prevalence of banned foreign money in American politics and the often lax approach campaigns take in vetting contributions.
Before Deadly Crashes, Boeing Pushed for Law That Undercut Oversight
Seattle Times – Natalie Kitroeff and David Gelles (New York Times) | Published: 10/27/2019
For years, the government has been handing over more responsibility to aerospace manufacturers as a way to reduce bureaucracy. A recent bill cemented the industry’s power, allowing manufacturers to challenge regulators over safety disputes and making it difficult for the government to usurp companies’ authority. Although the law applies broadly to the industry, Boeing is the biggest beneficiary. An examination by The New York Times found Boeing and its allies helped craft the legislation to their liking, shaping the language of the law and overcoming criticism from regulators. Weeks after the law was passed, a Boeing 737 Max jet crashed off the coast of Indonesia, killing everyone on board. A second Max crashed in Ethiopia less than five months later, and the plane was grounded.
Civil Rights Leaders Thought They’d Figured Out How to Deal with Facebook. But Now They Are ‘Livid.’
Washington Post – Craig Timberg | Published: 10/25/2019
Before a recent town hall event featuring Facebook’s second-in-command Sheryl Sandberg, civil rights activists were optimistic that company officials would address concerns about racism on the platform. Near the top of the list were the voter suppression messages that flooded Facebook during the 2016 presidential election and, the civil rights leaders feared, would do so again in 2020. But that hope turned to outrage as civil rights leaders learned Facebook had announced what many now call “the Trump Exemption,” meaning the policy allowing any politician to lie freely in ads or free posts without consequences. Though Facebook has portrayed this decision as reflecting the nation’s ideals of unfettered political speech, civil rights leaders say they see Facebook’s quest to profit from political advertising.
Corporate Political Transparency: It’s optional
Center for Public Integrity – Dave Levinthal | Published: 10/24/2019
The disparity in the disclosure of political donations by corporations, detailed in a new report by the Center for Political Accountability and Zicklin Center for Business Ethics Research at the University of Pennsylvania’s Wharton School, underscores the flaccidity of federal laws and regulations governing what public companies must publicly disclose about their political activity. As the nation enters the teeth of the election season, corporations are again largely allowed to volunteer as much, or little, information as they please about, for example, how much cash they are infusing into “dark money” nonprofits that may in turn advocate for the election or defeat of candidates.
Federal Judge Holds DeVos in Contempt in Loan Case, Slaps Education Department with $100,000 Fine
Seattle Times – Danielle Douglas-Gabriel (Washington Post) | Published: 10/24/2019
A federal judge held Education Secretary Betsy DeVos in contempt for violating an order to stop collecting loan payments from former Corinthian Colleges students. Magistrate Judge Sallie Kim of the U.S. District Court in San Francisco slapped the Education Department with a $100,000 fine for violating a preliminary injunction. Money from the fine will be used to compensate the 16,000 people harmed by the federal agency’s actions. Some former students of the defunct for-profit college had their paychecks garnished. Others had their tax refunds seized by the federal government.
For Impeachment Witnesses, Testifying Can Cost $15,000
MSN – Sharon LaFraniere (New York Times) | Published: 10/24/2019
As a parade of State Department officials began trooping to Capitol Hill to testify in the impeachment inquiry imperiling President Trump, officials from the department’s employee association dispatched an appeal to its nearly 17,000 members. Send money, they pleaded. For the second time since Trump took office, an investigation into his conduct has set off a scramble across Washington, D.C. for lawyers to represent witnesses, and for the money to pay them. Many of the witnesses are career government workers who helped shape or carry out policy toward Ukraine. On civil-servant salaries, they have racked up bills of $15,000 or more for lawyers who can guide them through the sessions before congressional inquisitors.
Justice Dept. Is Said to Open Criminal Inquiry into Its Own Russia Investigation
MSN – Katie Benner and Adam Goldman (New York Times) | Published: 10/24/2019
For more than two years, President Trump has repeatedly attacked the Russia investigation, portraying it as a hoax and illegal even months after the special counsel closed it. Now, Trump’s own Justice Department has opened a criminal investigation into how it all began. Justice Department officials have shifted an administrative review of the Russia investigation closely overseen by Attorney General William Barr to a criminal inquiry. The move gives the prosecutor running it the power to subpoena for witness testimony and documents, to convene a grand jury, and to file criminal charges. The opening of a criminal investigation is likely to raise alarms that Trump is using the Justice Department to go after his perceived enemies.
K Street Executives Under Pressure on Diversity
The Hill – Alex Gangitano | Published: 10/30/2019
Overall, at least 22 corporate heads of companies’ K Street offices are people of color, according to data from the Washington Heads of Office, a group made up of senior government affairs executives of color. But those in the lobbying world say the numbers should be higher. Trade associations, lobbying shops, and law firms say they are working to diversify their ranks after growing pressure amid the most diverse Congress in history. But critics say the top lobbying jobs at companies do not see frequent turnover, and they say companies need to better nurture their talent pipeline. Some companies are flush with minority and female lobbyists, but just not at the top spot.
Payday Lenders Discussed Raising Money for Trump’s Campaign to Fend Off Regulation, Audio Reveals
Washington Post – Renae Merle | Published: 10/29/2019
A recent webinar sponsored by Borrow Smart Compliance, an industry consultant, gives surprisingly frank insight into the payday lending industry’s strategy to push for weaker government regulations by forging a tight relationship with the Trump administration and the president’s campaign. The payday lending industry, made up of businesses that make short-term loans to consumers at high interest rates, is awaiting new rules that could weaken Obama administration requirements. Michael Hodges, who billed himself as one of President Trump’s top fundraisers, said contributions to the president’s reelection campaign could be leveraged to gain access to the Trump administration.
Rep. Katie Hill to Resign Amid Allegations of Inappropriate Relationships with Staffers
Politico – Heather Caygle, John Bresnahan, and Kyle Cheney | Published: 10/27/2019
U.S. Rep. Katie Hill is resigning from Congress after facing allegations of inappropriate sexual relationships with staff members in her office and on her congressional campaign. Hill’s announcement capped a tumultuous 10-day episode that shook the Democratic Caucus. Hill was a prominent figure in the historic Democratic freshman class, and her resignation was a blow to the colleagues who defended her. Hill was under investigation by the House ethics committee for allegations of an improper sexual relationship with a male congressional staffer, a claim she denied. Hill admitted to and apologized for an “inappropriate” relationship with a female campaign staffer earlier.
Rep. Lori Trahan Says $300,000 of Campaign Funds Came from Husband, Calls It ‘Gray Area in Campaign Finance Law’
MassLive.com – Benjamin Kail | Published: 10/30/2019
U.S. Rep. Lori Trahan defended loaning her 2018 campaign $300,000 of her husband’s income, calling it “our money.” The Boston Globe reported that Trahan had far outspent peers on legal bills, with $167,000 paid to Perkins Coie to manage financial disclosures. The Globe reported Trahan repeatedly claimed that $371,000 she loaned her campaign came from her own funds, and Trahan did not disclose a joint bank account with her husband as a funding source until after she won her election, sparking complaints from watchdog groups. Trahan said she now realized the move constituted “a gray area in campaign finance law,” but cited multiple FEC rulings suggesting “what I did was not a violation.”
Twitter to Ban All Political Ads Amid 2020 Election Uproar
Duluth News Tribune – Tony Romm and Isacc Stanley-Becker (Washington Post) | Published: 10/30/2019
Twitter, reacting to growing concern about misinformation spread on social media, is banning all political advertising from its service. Its move strikes a contrast with Facebook, which continues to defend running paid political ads, even false ones, as a free speech priority. The move drew a mixed reception, with some critics highlighting that it would not affect what users can tweet and share on their own. The political ad ban also might not have much impact on widely followed accounts, including President Trump’s, whose tweets already reach more than 66 million users each day. Twitter’s new policy takes effect November 22.
White House Ukraine Expert Sought to Correct Transcript of Trump Call
MSN – Julian Barnes, Nicholas Fandos, and Danny Hakim (New York Times) | Published: 10/29/2019
Lt. Col. Alexander Vindman, the top Ukraine expert on the National Security Council, told House impeachment investigators that the White House transcript of a July call between President Trump and Ukraine’s president omitted crucial words and phrases, and his attempts to include them failed, according to people familiar with the testimony. The omissions, Vindman said, included Trump’s assertion there were recordings of former Vice President Joe Biden discussing Ukraine corruption, and an explicit mention by Ukraine President Volodymyr Zelensky of Burisma, the energy company whose board employed Biden’s son. His testimony is likely to drive investigators to ask further questions about how officials handled the call, including changes to the transcript and the decision to put it into the White House’s most classified computer system.
From the States and Municipalities
Alabama – Birmingham Water Board Member Guilty on Ethics Charges
AL.com – Ivana Hrynkiw | Published: 10/30/2019
A member of the Birmingham Water Works Board has been jailed after being found guilty on ethics charges. The case centered around allegations that Sherry Lewis used her position on the board to get free trips and meals, along with jobs for her son from water board contractors. Lewis was found guilty of using her position for personal gain or for the gain of a family member and voting on matters in which she or her family members had financial interest.
Arizona – Effort Underway to Significantly Change Elections in Arizona
Arizona Republic – Andrew Oxford | Published: 10/30/2019
Arizonans for Fair Elections launched a ballot initiative drive that proposes to lower the state’s campaign contribution limits and set up a system during election seasons for every voter to get vouchers from the state for up to $50 they could then give to the candidates of their choice. This model of publicly financing campaigns, which has already been adopted at the local level in Seattle, is just one piece of the sprawling proposed ballot measure that would also allow same-day and automatic voter registration while tightening the limits on political donations and restricting lobbying.
Arizona – Elected Arizona Official Accused of Selling Babies Suspended
AP News; Staff – | Published: 10/28/2019
An elected official in Arizona was suspended after he was charged with running a human smuggling scheme that brought pregnant women from the Marshall Islands to the U.S. to give birth and then paid them to give up their children for adoption. Leaders in Arizona’s most populous county suspended Assessor Paul Petersen without pay for 120 days. The Maricopa County Board of Supervisors does not have the power to permanently remove him from his office, which determines the value of properties for tax purposes in Phoenix and its suburbs. Petersen, who is in federal custody, has so far refused to resign since his arrest on October 8. His lawyer, Kurt Altman, said Petersen will fight to keep the $77,000-a-year job he was last elected to in 2016.
Arkansas – State Ethics Panel Member on Job After Term Ends
Arkansas Democrat-Gazette – Michael Wickline | Published: 10/27/2019
A member of the Arkansas Ethics Commission has served 10 months past the expiration of her appointment because state Attorney General Leslie Rutledge has yet to appoint a replacement – who, by law, must be a Democrat and of a minority race. Commissioner Sybil Jordan Hampton is not grumbling about continuing to serve on the commission. If she resigned, Hampton said, the five-member commission could have problems getting a quorum because another member was injured in a car accident in January and has not been able to attend meetings since then.
California – A ‘Straight Frickin’ Arrow’ or Not? Some Say California Democratic Fundraiser Walks a Fine Line
Sacramento Bee – Hannah Wiley | Published: 10/28/2019
When state Insurance Commissioner Ricardo Lara became embroiled in a deluge of questions and criticism this year for breaking a campaign promise not to accept industry donations, he promised Californians he would make it up to them. To start, he fired his longtime fundraiser, Dan Weitzman. Lara said he would institute “rigorous vetting protocols” built by experts familiar with “best practices,” seemingly a deviation from the fundraising system he had set up with Weitzman at the helm. But Weitzman is no rookie. Top Democrats have for two decades invested their fundraising trust in Weitzman, whose ability to inspire cash flow has launched political careers and his own prominence in Sacramento since the 1990s.
California – Times Investigation: L.A. councilman Wesson helped apartment executives while his son received rent break
Los Angeles Times – David Zahniser and Emily Alpert Reyes | Published: 10/24/2019
Los Angeles City Council President Herb Wesson helped shepherd a residential tower through the city’s review process amid opposition from city staff and the planning commission. During the same period, his son was living in a building owned by Rosewood Corp., a company headed by tower developer Michael Hakim. The councilperson’s son, Herb Wesson III, went more than five years without a rent increase at the apartment building, even as many other tenants saw their rent go up. Three other people who lived in the building at the time said they were aware he was receiving a rent break, and that it was provided because his father is a council member. One of them said Wesson III explained during a private conversation that he had received a discount because of “business his father was doing with the owners of the building.”
Colorado – Emails from 600 Colorado State Employees Are Slated to Vanish from Public Record
Denver Post – Alex Burness | Published: 10/30/2019
Email inboxes are slated to be purged for hundreds of state employees, in Colorado, a move that promises to eliminate access to government records that would otherwise be public. The impacted employees work for the Department of Regulatory Agencies, divisions of which regulate key industries, including insurance, electric utilities, banks, real estate, and telecommunications. Colorado law gives state departments broad discretion in crafting their policies for keeping or deleting the recorded history of public business they conduct.
Florida – City Commission Votes for Tougher Ordinance, Ethics Board Gets More Power
Tallahassee Reports – Steve Stewart | Published: 10/28/2019
The Tallahassee City Commission voted to move forward with ethics proposals that will give the city’s Independent Ethics Board more power. Together, the adopted amendments give the board expanded authority to investigate ethics charges and levy higher fines. The Commission also adopted other reforms which address financial disclosure and lobbyist registration. Commissioners voted to increase fines for lobbyists that fail to register. The penalties will start at $1,000 for the first violation and increase with each additional violation by $500. City Attorney Cassandra Jackson said a draft ordinance would be presented to the commission in November.
Illinois – Ethics Board Reaffirms Fine Against Operative Who Supplied Solis with Viagra, Sex Acts; Goes after Company That Hired Roberto Caldero
Chicago Sun Times – Fran Spielman | Published: 10/29/2019
The Chicago Board of Ethics reaffirmed its $25,000 fine against the political operative who supplied former Ald. Danny Solis with Viagra and sex acts and moved to hold Elgin Sweeping Services responsible for hiring Roberto Caldero. he finding of probable cause will require Elgin to explain why it hired Caldero to promote the company’s interests at City Hall when he was not a registered lobbyist. Caldero has already been slapped with a $25,000 fine that was reaffirmed after the board rejected his appeal. Elgin Sweeping faces a lesser fine, ranging from $500 to $2,000.
Illinois – Feds Allege State Rep. Luis Arroyo Caught on Undercover Recording Paying $2,500 Bribe. ‘This is the Jackpot.’
Chicago Tribune – Jason Meisner, Jamie Munks, and Dan Petrella | Published: 10/29/2019
Illinois Rep. Luis Arroyo bribed a legislative colleague with an offer of $2,500 a month in exchange for support of sweepstakes-related legislation, according to a federal complaint. Arroyo made the offer on August 2 and handed over an initial check on August 22 for the unidentified lawmaker’s backing of the legislation in the Illinois Senate, the complaint says. It describes Arroyo as having a vested interest in the arrangement as manager of Spartacus 3 LLC, a lobbying company, which included as its clients the owner of a firm that deals in video sweepstakes machines. The complaint describes the moment Arroyo gave the check to his colleague in a suburban Chicago restaurant, citing a federal wiretap that allegedly captured their conversation. “… This is, this is, this is the jackpot,” Arroyo told the senator.
Illinois – Former Lake Forest City Manager Indicted for Role in Paying Lobbyists Over Controversial Rail Project
Chicago Tribune – Daniel Dorfman (Pioneer Press) | Published: 10/24/2019
A former city manager in Lake Forest was indicted for official misconduct after he was accused of exceeding his authority as an administrator for his role in paying a lobbying firm without the city council’s approval. According to the indictment, Bob Kiely exceeded his $20,000 purchasing authority without council approval between January 1, 2016, and March 1, 2017, when payments were sent to the lobbying firm, and engaged in the contract knowing he was forbidden to do so under the law.
Maryland – Daughter of Ex-Md. Lawmaker Charged with Federal Wire Fraud Days After Mother’s Guilty Plea
Washington Post – Lynh Bui | Published: 10/29/2019
Anitra Edmond, the daughter and campaign treasurer of longtime Maryland Del. Tawanna Gaines, was charged with federal wire fraud, accused of funneling money from her mother’s campaign funds to a personal bank account. The charge against Edmond was filed less than two weeks after Gaines appeared in the same courthouse and pleaded guilty to the same charge. Gaines has resigned her seat.
Maryland – Maryland’s Online Political Ad Law Debated in Fourth Circuit
Courthouse News Service – Brad Kutner | Published: 10/30/2019
Maryland’s effort to regulate online political ads was met with skepticism by an appeals court judge, as a state attorney defending against a challenge by The Washington Post and other newspapers argued the law does not violate digital publishers’ right to free speech. The Online Electioneering Transparency and Accountability Act was blocked by a federal judge who found it would impose undue burden on publishers. The law requires platforms with more than 100,000 monthly visitors to publish the names and contact information for any purchaser of a “qualifying paid digital communication,” along with the price paid, and requires them to maintain a publicly available database with relevant information about the ad.
Maryland – Online Portal Will Publicly Display Baltimore Lobbying Disclosures
Baltimore Sun – Colin Campbell | Published: 10/31/2019
Baltimore has set up a public online portal where lobbyists can register and file disclosure forms to the city Ethics Board twice a year, instead of annually, as a result of a recent law to tighten lobbying rules. The law requires lobbyists approaching city government officials to “affirmatively identify” who they represent. It requires the Ethics Board to post those reports online, disclosing who paid lobbyists and how much. Those who fail to report could face a $1,000 penalty for each violation and a three-year ban from lobbying at City Hall. The reports must include any gifts of $100 or more given to a public servant or their family members.
Michigan – How a Tax Break to Help the Poor Went to NBA Owner Dan Gilbert
ProPublica – Jedff Ernsthausen and Justin Elliott | Published: 10/24/2019
Billionaire Dan Gilbert has spent the last decade buying up buildings in downtown Detroit, amassing nearly 100 properties and so completely dominating the area, it is known as Gilbertville. In the last few years, Gilbert, the founder of Quicken Loans and owner of the Cleveland Cavaliers, has also grown close to the Trump family. Quicken gave $750,000 to President Trump’s inaugural fund. Gilbert’s cultivation of the Trump family appears to have paid off: Three swaths of downtown Detroit were selected as opportunity zones under the Trump tax law, extending a valuable tax break to Gilbert’s real estate empire. Gilbert’s relationship with the White House helped him win his desired tax break, an email obtained by ProPublica suggests. The area made the cut even though it did not meet the poverty requirements of the program.
Nevada – Reno City Attorney Karl Hall Kept His Property Deal Quiet During Strip Club Fight
Renp Gazette Journal – Anjeanette Damon | Published: 10/29/2019
At the height of the Reno City Council’s campaign to oust strip clubs from downtown, City Attorney Karl Hall worked to sell an office building less than a block away from the Wild Orchid Gentleman’s Club but did not disclose the possible conflict-of-interest. Although the property was included on his annual financial disclosure form, Hall never disclosed his ownership or the fact it was on the market during the debate over whether the council should force the Wild Orchid and other strip clubs to move out of downtown. Nevada’s ethics law, which requires council members to read aloud a disclosure when they consider policies that might affect their personal finances, also applies to Hall.
New York – De Blasio Presidential Campaign Bankrolled by Donors with City Interests
Politico – Joe Anuta and Sally Goldenberg | Published: 10/29/2019
Despite disavowing the role of big money in politics, New York City Mayor Bill de Blasio relied primarily on donors who have business dealings with the city, are often wealthy, and are rarely motivated by ideology, something reinforced by his presidential campaign’s most recent federal filings. People who have a business stake in the policies and actions of his administration largely underwrote the $1.4 million he raised to bankroll his candidacy, including at least eight who appeared on the “doing business” list –people and companies with active financial dealings before the city whose donations would represent a conflict-of-interest.
New York – Kat Sullivan Sues JCOPE Over Lobbying Allegations
Albany Times Union – Chris Bragg | Published: 10/24/2019
Kat Sullivan, the alleged rape victim who has been extensively targeted by state ethics regulators in New York for failing to register as a lobbyist, filed a lawsuit arguing she never conducted lobbying work and the law under which she is being pursued is unconstitutional. The lawsuit alleges the Joint Commission on Public Ethics (JCOPE) is conducting an “improper and abusive” investigation into Sullivan over her efforts to raise awareness about sexual assault and support for passing the Child Victim’s Act in 2018. Sullivan’s lawsuit challenges JCOPE to prove the definition of “lobbying” it is applying in her case adheres to state law. She also is challenging whether the underlying law is valid.
North Carolina – State Court Bars Using North Carolina House Map in 2020 Elections
MSN – Michael Wines (New York Times) | Published: 10/28/2019
A state court effectively threw out North Carolina’s map of congressional districts, saying critics were poised to show “beyond a reasonable doubt” that it was an unconstitutional partisan gerrymander favoring Republicans. The ruling, by a three-judge panel in Superior Court, technically imposes a temporary ban on using the map in primary elections next spring. But the judges signaled they were unlikely to change their minds by inviting plaintiffs in the case to seek a summary judgment ending the case in their favor. The judges also said they were prepared to postpone primary elections should that prove necessary to further litigate the case or draw new House districts.
Oregon – Struggling Oregon County Spent $43,000 Traveling to D.C. to Lobby. It Wants $2,000 to Hand Over the Receipts.
Portland Oregonian – Rob Davis | Published: 10/25/2019
In the last four years, leaders of a struggling Oregon timber county have repeatedly traveled to Washington, D.C. to lobby President Trump and other top federal officials to increase timber harvests. Douglas County commissioners spent at least $43,000 on their lobbying trips using federal money awarded to the county. Yet after three formal requests and numerous questions from The Portland Oregonian, the county has only accounted for how commissioners spent $579.57. County officials want to charge the newsroom more than $1,900 and spend nearly a full week’s worth of clerical time to find 170 pages they say itemize the other $42,500.
Pennsylvania – Citing Spotlight PA/Caucus Probe, Top Lawmaker Pushes Limits on Campaign Donations, Stricter Disclosure Rules
Pittsburgh Post-Gazette – Sam Janich (The Caucus) and Angela Couloumbis (Spotlight PA) | Published: 10/25/2019
Pennsylvania Senate Minority Leader Jay Costa is proposing sweeping campaign finance reforms that would set limits on contributions, increase transparency, and ban candidates from using campaign money for their personal benefit, issues at the heart of a yearlong investigation published by The Caucus and Spotlight PA. Costa said his bill would, among other changes, establish contribution limits for the first time in the state, and impose more accountability for spending by elected officials and others running for office. For instance, the measure would require candidates to submit credit-card statements with their regularly filed campaign finance reports and ban the use of gift cards that can be used to further shield expenses.
Pennsylvania – House Panel Says Lobbyist Disclosure Law Should Be Improved
Pittsburgh Post-Gazette – Mark Scolforo (Associated Press) | Published: 10/30/2019
A new state House investigative committee’s first report said Pennsylvania’s lobbyist disclosure law should be overhauled so lobbyists, rather than the entities they work for, report meals, gifts, and other spending meant to influence government. The House Government Oversight Committee voted unanimously for the report that also recommended changes to how lobbyist spending reports are audited. The committee said identifying and punishing lobbyist registration violations is difficult under the current law, and it was not able to determine what percentage of principals, lobbying firms, and lobbyists are in compliance.
Pennsylvania – Inside the FBI Investigation into Philly Councilman Kenyatta Johnson, His Wife, and Kenny Gamble’s Nonprofit
Philadelphia Inquirer – Jeremy Roebuck and Chris Brennan | Published: 10/25/2019
Philadelphia City Councilperson Kenyatta Johnson has found himself dogged for the past three years by FBI scrutiny of his tenure. But while much of that investigation has taken place behind closed doors, details are beginning to emerge. Sources familiar with the probe described a sweeping examination into everything from the council member’s involvement in the bargain-rate sale of city-owned land to the work of his wife, Dawn Chavous, as an education consultant, campaign adviser, and charter school advocate.
Rhode Island – IGT Discloses Additional $600,000 Spent on Lobbying Campaign
Providence Journal – Katherine Gregg | Published: 10/24/2019
International Game Technology (IGT) has publicly acknowledged an additional $600,000 in spending on its campaign for a 20-year, no-bid extension of its Rhode Island Lottery contract, in response to a notice from Secretary of State Nellie Gorbea’s office that it was obliged to disclose the amount it gave Keeping Jobs in Rhode Island to run ads touting IGT and criticizing its rivals in the contract fight. The disclosure, in an amended lobbyist-disclosure report, raised the amount the United Kingdom-based gambling technology company and its affiliate, Keeping Jobs in Rhode Island, have spent on lobbyists and advertising and public-relations in a single three-month period to an unmatched $1.8 million. Gorbea raised the specter of penalties of up to $5,000 and revocation of IGT’s right to lobby in Rhode Island if it did not make a complete disclosure.
Rhode Island – Who is Brett Smiley? A Look at the Top Aide to Governor Raimondo Who Is Accused of Threatening a Casino Executive
Boston Globe – Dan McGowan | Published: 10/30/2019
Brett Smiley, Rhode Island Gov. Gina Raimondo’s chief of staff, allegedly tried to persuade the Twin River casino to not oppose a proposed 20-year, no-bid contract extension for one of its rivals, IGT, to run the state lottery and operate most video lottery terminals at the state’s two casinos. Marc Crisafulli, Twin River’s executive vice president, claims Smiley warned him the Twin River casino could face regulatory problems if the company fought the highly contentious contract proposal for IGT. Twin River waged a public relations and lobbying campaign opposing the deal anyway, and later was forced to pay a $180,000 fine to the state taking on too much debt from a series of transactions in 2019.
Virginia – Ex-Norfolk Sheriff Bob McCabe Indicted on Federal Corruption Charges
The Virginian-Pilot – Scott Daugherty and Tim Eberly | Published: 10/24/2019
Former Norfolk Sheriff Bob McCabe was indicted on 11 federal corruption charges, accused of taking bribes over more than two decades in exchange for steering millions of dollars in city contracts to friendly businesses. McCabe was charged along with Gerard Boyle, the founder of firms that have long provided health care services for Norfolk jail inmates. Prosecutors say the longtime sheriff took bribes – including an unreported $6,000 loan, gift cards to Todd Jurich’s Bistro, Washington Redskins tickets, and free catering for his annual golf tournament – in exchange for ensuring government contracts went to Boyle’s firm and another that did business with the jail. The indictment does not name the second company, but details in the document match the jail’s food services provider, ABL Food Management.
Washington – Despite Promising to Stop, Facebook and Google Are Still Selling Political Ads in Washington State
Seattle Times – David Gutman | Published: 10/28/2019
Facebook and Google announced they would stop selling political ads in Washington after a lawsuit accused them of not obeying the state’s rules on transparency. But search Facebook’s ad library and you will find paid ads for candidates for Olympia mayor and Seattle School Board, among many others. Google has sold at least $25,000 worth of ads about state and local elections in the state. Although the amounts represent only a fraction of the millions of dollars flooding Seattle’s city council elections and other campaigns, they are still reaching hundreds of thousands of potential voters. And candidates and PACs certainly think they are effective as they continue to buy the ads that the companies have claimed they do not sell, even though the platforms claim they remove the ads as soon as they realize what they have done.
October 25, 2019 •
News You Can Use Digest – October 25, 2019
![News You Can Use Digest – October 25, 2019](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal ‘C’est Moi’: Mitt Romney admits to running secret Twitter account under the alias ‘Pierre Delecto’ MSN – Allyson Chiu (Washington Post) | Published: 10/21/2019 For years, Pierre Delecto’s presence on Twitter largely went unnoticed. Operating a bare-bones account with the […]
National/Federal
‘C’est Moi’: Mitt Romney admits to running secret Twitter account under the alias ‘Pierre Delecto’
MSN – Allyson Chiu (Washington Post) | Published: 10/21/2019
For years, Pierre Delecto’s presence on Twitter largely went unnoticed. Operating a bare-bones account with the handle @qaws9876, the user’s limited activity revealed only an interest in politics – namely, supporting Sen. Mitt Romney (R-Utah). So, when “Pierre Delecto” started trending recently on the social media platform, people were understandably confused. But they learned Pierre Delecto was not a bot or a random Romney superfan, but an account run by the senator himself. As Delecto, Romney, who has become one of President Trump’s most vocal GOP critics, used the account to like critical tweets about the president, while also occasionally defending himself against detractors.
Congress Has Long Sought to Bar Foreign Campaign Contributions
Roll Call – Todd Ruger | Published: 10/18/2019
In the decades before President Trump asked Ukraine to launch an investigation into his main political rival in the upcoming presidential election, Congress tried again and again to keep foreign nationals out of American elections and government decisions. The lawmakers’ adversaries over the years sound as if they come straight out of Hollywood scripts: the Nazi party in the 1930s, the Philippine sugar industry in the 1960s, a Greek industrialist in the 1970s, an international businessperson turned Chinese government agent in the 1990s. Congress passed laws to ban what they saw as threats to the integrity of elections, foreign policy, and national security. Foreign nationals found loopholes or new ways to contribute to campaigns.
Conservative Political Fundraiser Pleads Guilty to Felony
Center for Public Integrity – Sarah Kleiner | Published: 10/22/2019
One of Washington, D.C.’s most controversial political fundraisers pleaded guilty to one count of making a false statement to the FEC. Scott Mackenzie “caused the submission of a number of materially false, fictitious and fraudulent statements and representations” to the FEC from 2011 to 2018 on behalf of two PACs: Conservative StrikeForce and Conservative Majority Fund. Mackenzie has for years served as treasurer of more than 50 PACs, about a dozen of which purport to raise money for political and social causes but spend most of the money they raise from donors on fundraising, salaries, and overhead. “… The publicly available evidence shows [Mackenzie] has been at the heart of many of the worst scam PACs …,” said Adav Noti of the Campaign Legal Center.
Contradicting Trump, Ukraine Knew of Aid Freeze Before It Became Public
MSN – Andrew Kramer and Kenneth Vogel (New York Times) | Published: 10/23/2019
To Democrats who say that President Trump’s decision to freeze a $391 million military aid package to Ukraine was intended to bully Ukraine’s leader into carrying out investigations for Trump’s political benefit, the president and his allies have had a simple response: There could not have been any quid pro quo because the Ukrainians did not know the assistance had been blocked. But in fact, word of the aid freeze had gotten to high-level Ukrainian officials by the first week in August, according to interviews and documents obtained by The New York Times. The problem was not a bureaucratic glitch, the Ukrainians were told then. To address it, they were advised, they should reach out to Mick Mulvaney, the acting White House chief of staff, according to the interviews and records.
Facebook Takedowns Show New Russian Activity Targeted Biden, Praised Trump
MSN – Tony Romm and Isaac Baker-Stanley (Washington Post) | Published: 10/21/2019
Facebook introduced new efforts meant to fine-tune its defenses against disinformation ahead of the presidential election. They seek to remedy some vulnerabilities that malicious actors have tapped in recent months to spread false or misleading posts, photographs, and videos. Facebook also said it removed a network of Russian-backed accounts that posed as locals weighing in on political issues in swing states, praising President Trump and attacking former Vice President Joe Biden, illustrating the familiar threat of Russian interference looms over the next U.S. presidential race. Researchers said the efforts demonstrated how those seeking to interfere in American politics continue to exploit contentious topics, including racial and religious fault lines.
Family Ties Have Troubled Many National Politicians
Newsday – Tom Brune | Published: 10/21/2019
Former Vice President Joe Biden is not the only national politician who has been accused of having a conflict-of-interest involving a family member. He joins a long list that includes some of the nation’s earliest leaders and President Trump. It is a thorny problem, lawyers and experts specializing in government ethics said, as family members find ways to cash in on their ties to politicians’ prominence and power despite attempts to curb that exploitation with laws and federal personnel restrictions. Over the past 50 years, family scandals, many involving siblings, have erupted on presidents, prompting public outcry, investigations, and eventually new laws.
‘Get Over It’: Defiant chief of staff rides out storm over Ukraine remarks
Minneapolis Star Tribune – Michael Crowley and Maggie Haberman (New York Times) | Published: 10/19/2019
On the day after he made more news than any chief of staff in recent White House history, Mick Mulvaney went about his business as usual. But Mulvaney’s job has been anything but normal since the news conference at which he seemingly undermined the Trump administration’s strategy for avoiding impeachment by acknowledging the president had sought a quid pro quo for providing Ukraine with American aid. In the chaotic aftermath, Trump’s Republican allies are questioning Mulvaney’s savvy and intelligence. As he approaches his anniversary in the White House, Mulvaney finds himself in a strange netherworld.
How a Beltway Power Couple and a Political Newcomer Learned to Thrive in the Trump Era
Houston Chronicle – Michelle Ye Hee Lee, Michael Scherer, Josh Dawsey, and Anu Narayanswamy (Washington Post) | Published: 10/23/2019
When Brad Parscale was looking for advice about how to navigate Washington. D.C. after running the digital strategy for Donald Trump’s upstart presidential campaign in 2016, the political newcomer turned to a Beltway power couple. Katie Walsh and Mike Shields, both former chiefs of staff at the Republican National Committee, advised him on how to make the most of his new perch, he said. Since then, the three have helped each other flourish inside the Republican Party ecosystem, recommending each other’s services to top party officials and candidates. Together, the trio have broad influence across the GOP, drawing millions of dollars from 23 party committees and organizations since the beginning of 2017. Their dominance has alarmed other GOP strategists, who say the three have a disproportionate amount of sway and have helped each other sustain that power.
Lobbying Business Booms Despite Gridlock and Investigations
Bloomberg Law – Megan Wilson | Published: 10/21/2019
Lobbying revenue continued to increase throughout 2019, despite turbulence surrounding the Trump administration and partisan gridlock on Capitol Hill. The third quarter of 2019 was lucrative for many K Street firms, with 20 reporting an uptick in revenue, compared to the same time last year. In addition, 16 of those firms also had increased lobbying fees from January through September of this year, compared to 2018. It is a continuation of a growth in lobbying fees since President Trump took office.
Man to Plead Guilty to Funneling Foreign Money to US Campaigns
Courthouse News Service – Nathan Solis | Published: 10/22/2019
A California venture capitalist agreed to plead guilty to falsifying records to hide his work as a foreign agent and making illegal campaign contributions on behalf of foreign entities seeking to influence U.S. elections. Imaad Zuberi has donated large sums of money to both Republicans and Democrats, including $900,000 to President Trump’s inauguration committee and $600,000 to then-candidate Hillary Clinton. Zuberi told foreign nationals and representatives from foreign governments that he could influence American policies in their favor through his influence in Washington and flaunted his apparent sway to create business and investment opportunities for clients and himself, federal prosecutors say.
New EPA Chief in New England Barred from Many Decisions Because of Conflicts
Boston Globe – Dave Abel | Published: 10/22/2019
A former chemical industry lobbyist who was recently appointed as regional administrator of the Environmental Protection Agency has been barred from overseeing a range of vital issues in New England because of conflicts-of-interest that could compromise his public duties. Dennis Deziel, who spent five years as director of federal government affairs for Dow Chemical before his appointment in August, must recuse himself from decisions involving nearly one-fifth of the region’s Superfund toxic waste sites, the agency’s ethics office said. The scope of Deziel’s entanglements has alarmed environmental groups, who say his years at Dow potentially undermine his ability to regulate certain industries. Dow is one of the world’s largest manufacturers of chemicals and has a history of violating environmental rules.
Rep. Katie Hill Investigated Over Allegations of Improper Relationship with Staffer
Politico – John Bresnahan | Published: 10/23/2019
The House ethics committee announced it has launched an investigation into U.S. Rep. Katie Hill following allegations she engaged in an improper sexual relationship with a male congressional staffer. Hill denied that allegation and she blamed the controversy on an “abusive husband” whom she is in the midst of divorcing. But in a letter to her constituents sent out just before the committee announcement, Hill admitted to having an “inappropriate” relationship with a female campaign staff member during her run for Congress in 2018. Hill apologized for the relationship.
Republicans Storm Closed-Door Impeachment Hearing as Escalating Ukraine Scandal Threatens Trump
Washington Post – Toluse Olorunnipa, Josh Dawsey, and Mike Debonis | Published: 10/23/2019
Republicans’ defense of President Trump grew more frantic with House members storming a closed-door meeting, delaying the testimony of an impeachment witness as the GOP grappled with a growing abuse-of-power scandal centered on the president. A group of Trump’s congressional allies escalated their complaints about the impeachment inquiry by barging into a secure facility on Capitol Hill where a Pentagon official was to testify before the House Intelligence Committee. Their intrusion, which caused the testimony to be delayed for about five hours over security concerns, came a day after the top U.S. diplomat in Ukraine testified under oath that the White House had threatened to withhold military aid unless the Ukrainian government announced investigations for Trump’s political benefit.
The Student Vote Is Surging. So Are Efforts to Suppress It.
MSN – Michael Wines (New York Times) | Published: 10/24/2019
After decades of treating elections as an afterthought, college students have begun voting in force. Their turnout in the 2018 midterms was more than double the rate in the 2014 midterms, easily exceeding an already robust increase in national turnout. Energized by issues like climate change and the Trump presidency, students have suddenly emerged as a potentially crucial voting bloc in the 2020 general election. And almost as suddenly, Republican politicians around the country are throwing up roadblocks between students and voting booths. Students overwhelmingly lean Democratic, with three in four supportive of impeaching President Trump, according to a recent poll.
The Trump Administration Says It Has Violated Its Own Ethics Pledge
ProPublica – Derek Kravitz | Published: 10/23/2019
A government-wide review has acknowledged for the first time that at least several Trump political appointees violated the administration’s ethics pledge, which was put in place to try to “drain the swamp” by imposing lobbying restrictions and penalties. The details are tucked away in the Office of Government Ethics’ (OGE) latest annual report, which attracted little notice when it was released this summer. While President Trump’s ethics pledge was weaker than previous rules, the OGE still found violations in 2018 at three federal agencies: The Environmental Protection Agency, the Department of the Interior, and the National Labor Relations Board. No federal agency reported a violation of the Trump ethics pledge in 2017.
Trump Lawyer Says Even if He Shot Someone on Fifth Ave., He Can’t be Prosecuted
MSN – Benjamin Weiser and Azi Paybarah (New York Times) | Published: 10/23/2019
A federal appeals panel expressed skepticism that President Trump had a right to block state prosecutors in Manhattan from enforcing a subpoena that sought his personal and corporate tax returns for the last eight years. The judges peppered a lawyer for Trump with questions, expressing skepticism about the president’s argument that he was immune from criminal investigation. A lower court judge earlier rejected Trump’s claim, which has not previously been tested in the courts. A deal struck with the district attorney’s office will allow the president time to seek a speedy review of the appellate ruling in the U.S. Supreme Court on the condition he ask that the court hear the case in its current term, which ends in June.
Trump’s Cabinet Meetings Have Become About Everything but the Business of His Cabinet
Stamford Advocate – Josh Dawsey (Washington Post) | Published: 10/21/2019
Under President Trump, Cabinet meetings have become less about the business of his Cabinet than an opportunity for the president to invite in the assembled press to boast of his own accomplishments, lash out at his critics, and to hear the praise flow forth from advisers. The gatherings, with the press in attendance, often stretch for 60 to 90 minutes. Much of the most recent Cabinet meeting seemed about self-validation as Trump’s allies describe a presidency under siege, and a president frustrated with an onslaught of criticism.
U.S. Envoy Says He Was Told Release of Ukraine Aid Was Contingent on Public Declaration to Investigate Bidens, 2016 Election
MSN – Anne Gearan, Rachael Bade, Karoun Demirjian, and John Wagner (Washington Post) | Published: 10/22/2019
The senior U.S. diplomat in Ukraine said he was told release of military aid was contingent on public declarations from Ukraine that it would investigate the Bidens and the 2016 election, contradicting President Trump’s denial that he used the money as leverage for political gain. Acting Ambassador William Taylor Jr. testified in the House impeachment probe of Trump that he stands by his characterization that it was “crazy” to make the assistance contingent on investigations he found troubling. Taylor walked lawmakers through a series of conversations he had with other U.S. diplomats who were trying to obtain what one called the “deliverable” of Ukrainian help investigating Trump’s political rivals.
Why Trump Dropped His Idea to Hold the G7 at His Own Hotel
MSN – Maggie Haberman, Eric Lipton, and Katie Rogers (New York Times) | Published: 10/20/2019
He knew he was inviting criticism by choosing his own luxury golf club in Miami for the site of a gathering of world leaders at the Group of 7 summit in June, President Trump told his aides opposed to the choice, and he was prepared for the inevitable attack from Democrats. But what Trump was not prepared for was the reaction of fellow Republicans who said his choice of the club, the Trump National Doral, had crossed a line, and they could not defend it. So, Trump did something that might not have been a surprise for a president facing impeachment but was unusual for him: he reversed course, abruptly ending the uproar touched off earlier by the announcement of his decision by Mick Mulvaney, the acting chief of staff.
From the States and Municipalities
California – Company at Center of Insurance Commissioner’s Contributions Scandal Sold Without California Approval
San Diego Union-Tribune – Jeff McDonald | Published: 10/18/2019
The insurance conglomerate behind tens of thousands of dollars in political donations to California Insurance Commissioner Ricardo Lara has been sold, even though state regulators say they have not approved the transaction. Applied Underwriters was purchased for $920 million by its founder, Steven Menzies. The agreement is significant because Menzies is a central figure in a scandal surrounding Lara, who met privately with the insurance executive multiple times and accepted more than $46,000 in campaign donations from people connected to his company.
California – Former Mayor Anthony Silva Sentenced, Charges Dismissed Against Sharon Simas
Stockton Record – Nicholas Filipas | Published: 10/21/2019
Former Stockton Mayor Anthony Silva was formally sentenced to one felony conflict-of-interest charge that closed a three-year financial-malfeasance case. A judge sentenced Silva to 90 days in county jail. Silva was also ordered to pay $19,783 in restitution, be under three years of formal probation, and was given a lifetime ban on owning guns or ammunition. The conflict-of-interest charge stemmed from Silva’s decision to direct $5,000 in public money from a mayoral discretionary fund to the Kids Club of Stockton before leaving office in 2013.
California – Glendale Officials Take First Steps to Regulate Lobbying
Los Angeles Times – Lila Seidman | Published: 10/17/2019
Glendale City Council members directed the city attorney’s office to draft an ordinance that would require lobbyists to identify themselves, who they are working for, and how much they are being compensated. Each year, lobbyists would need to register with the city for a fee or face possible civil or criminal penalties. Quarterly reports with the information would be available to Council members and the public, under the tentative regulations. If the ordinance is adopted, Glendale would join cities like Los Angeles, Santa Monica, and West Hollywood, which all regulate how lobbyists interact with local elected officials in Southern California.
California – Real-Estate Company Admits Violating Campaign-Finance Rules with $7,000 in Contributions to LA Council District 4 Candidate
Los Angeles Daily Breeze; City News Service – | Published: 10/22/2019
Hillcrest LLC, a company owned by real estate developer Bruce Makowsky, was fined $71,000 for reimbursing donors to a Los Angeles City Council candidate during the 2015 election. City law prohibited individuals from contributing more than $700 to a council candidate in 2015. Campaign donors are barred from giving in the name of someone else, a practice that can be used to sidestep limits on how much each person can donate. Ethics Commission staffers recommended a penalty of $71,000 for the company, the maximum it could have been fined, because reimbursing donors is “an extremely serious violation,” they wrote in a report.
Connecticut – State Says Pols Missed Deadline to Have Their Day in Court
Connecticut Mirror – Mark Pazniokas | Published: 10/22/2019
State Sen. Rob Sampson and his predecessor, Joe Markley, wanted a legal debate over political speech and campaign finance law; all they got before the Connecticut Supreme Court were arguments over missed deadlines. They say the State Elections Enforcement Commission (SEEC) violated their First Amendment rights by imposing fines of $5,000 on Sampson and $2,000 on Markley over campaign mailers promoting them in 2014 as reliable defenders against the policies of Gov. Dannel Malloy, a Democrat. At issue was the question of whether the mailers were just a benefit to Sampson and Markley, who disagreed with Malloy on everything from taxation to criminal justice? Or did they also benefit Tom Foley, the Republican nominee for governor in 2014? The SEEC viewed the attacks on Malloy by Sampson and Markley as at least partially benefitting Foley, making the mailers an improper contribution to Foley.
Florida – Being Poor Shouldn’t Stop Florida Felons from Voting, Judge Rules in Amendment 4 Case
Tampa Bay Times – Lawrence Mower | Published: 10/19/2019
Florida must allow felons to vote if they cannot afford to pay back their court-ordered fees, fines, and restitution, a federal judge ruled in a case challenging the Legislature’s crackdown on Amendment 4. U.S. District Court Judge Robert Hinkle wrote in his decision that the historic amendment voters passed in 2018 allowing felons to vote does require they pay back their financial obligations to have their voting rights restored. But if they are too poor to pay those costs, the judge ruled, that should not keep them from voting. The judge granted a preliminary injunction that prevents Florida officials from using the bill to keep the 17 plaintiffs suing the state from voting. But the ramifications of Hinkle’s ruling is expected to affect other felons seeking to vote.
Florida – Tallahassee Ethics Officer Demands $450,000 and An Apology in Exchange for Early Exit
USA Today – Jeff Burlew (Tallahassee Democrat) | Published: 10/23/2019
Julie Meadows-Keefe, Tallahassee’s independent ethics officer, announced in July she was planning to step down in February 2020, a move that came after mounting criticism over a personal relationship she had with an appointed city official and other matters. Mayor John Dailey questioned her during a recent city commission meeting and later wrote an opinion piece in a local newspaper, accusing her of “unethical behavior.” Meadows-Keefe is now demanding that Dailey apologize to her and the city pay her $450,000 in exchange for her stepping down by the end of the year. “[The mayor] has pushed publicly and privately for her termination in a malicious and calculated way,” Marie Mattox, a lawyer for Meadows-Keefe, wrote in a letter to the city attorney.
Maine – Candidate for Maine Governor Paid Clean Elections Money to Future Employer
Portland Press Herald – Scott Thistle | Published: 10/20/2019
Former state Sen. Garrett Mason, who is running as a Clean Elections candidate for governor last year, directed taxpayer money to a consulting firm that hired him just after he lost the primary election in June. Mason spent just over $100,000 in taxpayer funds with Eaton River Strategies, a firm headed by lobbyist Kathie Summers-Grice. Although the move does not violate any state campaign finance laws or ethics rules, it raises concerns that Clean Elections funds could be used by candidates for personal financial gain or as a gateway to lucrative employment when they lose an election or leave public office.
Maine – Ethics Commission Staff Recommends Against Investigating Sara Gideon for Finance Violation
WGME – Caitlin Andrews (Bangor Daily News) | Published: 10/23/2019
The staff of Maine’s ethics commission is recommending against investigating state House Speaker Sara Gideon for her past use of a partially corporate-funded committee to reimburse herself for political contributions, saying Gideon, who is running to replace U.S. Sen. Susan Collins, did not violate state law because she did not intend to conceal the true source of the donations. Gideon’s use of her state political committee, which has since dissolved, to reimburse herself for political contributions came to light over the summer and became the subject of a campaign finance complaint.
Michigan – Judge Weighs Rep. Larry Inman Fundraising: Bribery or protected speech?
MLive.com – John Agar | Published: 10/17/2019
A federal judge refused to dismiss bribery and extortion charges against Michigan Rep. Larry Inman. He contends he accepted legal campaign contributions. Prosecutors allege Inman appeared willing to sell his vote – and influence others, if they received campaign contributions, too – in repealing Michigan’s prevailing-wage law. U.S. District Court Judge Robert Jonker said the case “inevitably raises First Amendment issues about the line between criminal bribery or extortion, on the one hand, and protected political activity on the other hand.” He thinks the issue should be left to a jury.
Michigan – Report: Duggan gave Make Your Date favor; chief of staff ordered emails deleted
Detroit News – Christine Ferretti and George Hunter | Published: 10/21/2019
Detroit’s inspector general released a scathing report that found Mayor Mike Duggan “unilaterally” directed city resources toward assisting a nonprofit, and his chief of staff and other top aides abused their authority by directing staff to delete emails detailing those efforts, undermining “the public’s trust in an open and transparent government.” The finding of preferential treatment for Make Your Date, a nonprofit aimed at addressing preterm births, is the culmination of a sixth-month probe by the inspector general’s office, which is calling on the city to reform its policies and staff training, and take disciplinary action against three employees, including Alexis Wiley, the mayor’s chief of staff.
New York – Campaign Panel Weighs Bigger Public Match for Local Donations
Newsday – Michael Gormley | Published: 10/22/2019
The commission charged with implementing the public funding of political campaigns in New York moved away from a straight six-to-one match of state funds to all donations toward an idea proposed by an Uber driver that would provide a far greater match to contributions from within a candidate’s legislative district. The commission voted analyze a twenty-to-one match for donations made by constituents from within the legislative district the candidate seeks to represent, and no match for contributions from outside the district. The concept would apply only to state legislative races, not statewide races for governor, lieutenant governor, comptroller, or attorney general.
New York – Council Refers King Ethics Complaints to Outside Authorities
Politico – Joe Anuta and Sally Goldenberg | Published: 10/23/2019
Outside enforcement organizations may be looking into ethics allegations against New York City Councilperson Andy King, meaning the Bronx lawmaker could face further reckoning beyond the suite of sanctions his colleagues are set to vote on. A report by the Committee on Standards and Ethics paints a damning portrait of King’s conduct over the last several years. The document alleges King misused city resources to benefit himself and his wife, who works for influential healthcare workers union. In one instance, city resources were allegedly used to support a retreat and a family wedding in the Virgin Islands. The report also accused King of mounting a campaign of retaliation and intimidation against staffers he believed were cooperating with council investigators.
New York – NY Ethics Agency Defends Probe of Rape Survivor
New York Post – Carl Campanile | Published: 10/23/2019
The New York Joint Commission on Public Ethics (JCOPE) is standing by its decision to investigate a rape survivor for violating lobbying laws by taking out billboards supporting a new sex abuse victims’ law. Kat Sullivan had allegedly used cash from the legal settlement in her rape case to pay $5,000 for the ads backing the Child Victims Act. The probe of an average person like Sullivan drew criticism from lawmakers. But JCOPE says the lobbying laws apply to everyone equally, correspondence reveals. “The Commission cannot pick and choose who is covered out of sympathy or hostility. Efforts to query a source or to urge compliance is mandated by the Legislature …,” JCOPE Chairperson Michael Rozen wrote in a letter to lawmakers.
Oklahoma – Oklahoma PAC Accused of Repeated Violations of Campaign Finance Laws
The Oklahoman – Nolan Clay | Published: 10/19/2019
A PAC secretly and illegally funneled thousands of dollars from a wealthy Missouri businessperson’s companies to Oklahoma politicians, the Oklahoma Ethics Commission alleged after an investigation. The commission sued Oklahoman’s For Healthy Living for financial penalties, saying it “repeatedly and intentionally violated the campaign finance laws of Oklahoma.” The only donors to the PAC over the last four years were two Missouri companies, Capital Health Management and Affordable Equity Partners Inc. The commission alleged Capital Health Management donated $35,000 and Affordable Equity Partners donated $8,000 in that time period in violation of state ethics rules against corporate donations. The president of both companies is Jeffrey Smith.
Pennsylvania – New Oversight Committee Examines Flaws in Pennsylvania’s Lobbying Disclosures
The Center Square – Dave Lemery | Published: 10/22/2019
Politicians and voters of all political stripes have lamented the influence of lobbying on governmental policy, with accusations that lawmakers’ votes can be bought for the right price. The members of the new House Oversight Committee in Pennsylvania sought to examine that issue in their first meeting when they convened to discuss a forthcoming report on lobbying disclosures in the state. Witnesses described a system where individuals or entities that want to get the attention of lawmakers – known as “principals” – can hire lobbying firms to bring their issue to the attention of lawmakers. If the lobbying firm uses gifts, trips to restaurants, or other forms of entertainment in an attempt to influence policy, that has to be reported to the state.
Pennsylvania – Pennsylvania State Lawmakers Are Hiding Millions in Campaign Spending. And It’s All Legal.
Pittsburgh Post-Gazette – Angela Couloumbis (Spotlight PA), Mike Wereschagin, Brad Bumsted, Paula Knudson, Sam Janesch, and Alyssa Bierdeman (The Caucus) | Published: 10/22/2019
An investigation found Pennsylvania lawmakers are shielding sometimes lavish campaign spending by not reporting the details to the public, making it difficult to assess if those expenditures was appropriate. From 2016 through 2018, state House and Senate candidates spent nearly $3.5 million that cannot be fully traced based on the information they disclosed. Charges included foreign trips, country club memberships, and a DNA test kit. In many cases, the expenditures were listed on publicly available documents with entries such as “meals” or “travel,” and a total amount, with no other details. Lawmakers have dismissed efforts to impose more restrictions, arguing they are unnecessary as long as details about where the money comes from, and how it is spent, are available to the public.
Rhode Island – Ex-Mattiello Operative Charged with Money Laundering; Says He’s Been Made ‘Fall Guy’
Providence Journal – Katherine Gregg | Published: 10/18/2019
Political operative Jeffrey Britt was indicted on a money-laundering charge in connection with his work on Rhode Island House Speaker Nicholas Mattiello’s 2016 reelection campaign. The indictment charges Britt with one felony count of money laundering and one misdemeanor count of making a prohibited campaign contribution and “disguising it as the contribution of someone else,” state Attorney General Peter Neronha said at a news conference. The grand jury investigated alleged shenanigans in the final weeks of Mattiello’s tough 2016 campaign in his Cranston home district, and specifically the roles played by Britt and potentially other aides in arranging and financing a mailer endorsing Mattiello.
Texas – Texas House Speaker Dennis Bonnen Says He Won’t Seek Re-Election After Scandal
Fort Worth Star-Telegram – Tessa Weinberg | Published: 10/22/2019
Texas House Speaker Dennis Bonnen announced he will not seek re-election to the Legislature or as leader of the House following growing calls for his resignation. The announcement comes three months after conservative activist Michael Quinn Sullivan alleged Bonnen offered writers of the group’s news site long sought-after House press credentials in exchange for the organization’s firepower in targeting 10 Republican incumbents in their re-election bids. In July, Sullivan revealed he had secretly recorded the meeting. The audio appears to largely support Sullivan’s allegations and spurred a flood of renewed calls from House members for Bonnen to step down.
West Virginia – Billionaire Governor’s Family Farms Get Subsidy
AP News – Anthony Izaguirre | Published: 10/17/2019
A farming business owned by the family of West Virginia’s billionaire governor has received $125,000 in soybean and corn subsidies, the maximum allowed from a federal program meant to help American farmers through the U.S. trade war with China. There is no evidence Gov. Jim Justice did anything illegal. But at least one analyst said the payments to the richest man in West Virginia are unseemly, given his wealth. And the subsidies have thrown the spotlight again on his business empire and the potential conflicts-of-interest it poses.
Wyoming – Wyoming’s First Public Records Ombudsman Aims to Boost Transparency
Laramie Boomerang – Tom Coulter (Wyoming Tribune Eagle) | Published: 10/21/2019
After working for nearly 30 years in Washington, D.C., Ruth Van Mark was not expecting to take on a new job in Wyoming. Instead, she was planning to retire back in the state where she grew up. A few months later, Van Mark was announced as the state’s first public records ombudsman. In the position, she will settle disputes over records requests, determine the scope of what can be redacted in requests, and coordinate with state agencies to make the process for submitting requests more straightforward. The position was created this year. Cassie Craven, a lobbyist with the Wyoming Liberty Group, said there was lot of testimony last session about records disputes between state agencies and citizens that had gone wrong in court.
October 18, 2019 •
News You Can Use Digest – October 18, 2019
![News You Can Use Digest – October 18, 2019](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal After Arrest of Giuliani Associates, FEC Chair Says Commission Struggling to Enforce Rules The Hill – Justin Wise | Published: 10/14/2019 FEC Chairperson Ellen Weintraub lamented the agency’s inability to enforce campaign finance law, saying in an interview there “may […]
National/Federal
After Arrest of Giuliani Associates, FEC Chair Says Commission Struggling to Enforce Rules
The Hill – Justin Wise | Published: 10/14/2019
FEC Chairperson Ellen Weintraub lamented the agency’s inability to enforce campaign finance law, saying in an interview there “may well be a lot of money that is slipping into our system that we just don’t know about.” Her remarks came in the wake of the campaign finance violation charges leveled against two associates of Rudolph Giuliani, President Trump’s personal attorney. Florida businesspeople Lev Parnas and Igor Fruman were arrested and accused of orchestrating a straw donor scheme that funneled money to numerous Republican committees, including a $325,000 contribution to a pro-Trump super PAC.
Appeals Court Rules Against Trump Over His Financial Data
Anchorage Daily News – Ann Marimow, Spencer Hsu, and David Fahrenthold (Washington Post) | Published: 10/11/2019
Congress can seek eight years of President Trump’s business records from his accounting firm, a federal appeals court ruled in one of several legal battles over access to the president’s financial data. The U.S. Court of Appeals for the District of Columbia Circuit upheld Congress’s broad investigative powers and rejected the president’s bid to block lawmakers from subpoenaing the documents. The case is one of several clashes between the Democrat-controlled House and the Republican president over Trump’s data that is expected to reach the U.S. Supreme Court. In this case, the judges ruled Trump’s arguments, that the subpoenas were invalid because Congress lacked a “legitimate legislative purpose” for its subpoenas, were incorrect.
Biden’s New Ethics Plan Includes Constitutional Amendment to Publicly Finance Elections
NBC News – Mike Mernoli | Published: 10/14/2019
Seeking to turn the page from what he called the most corrupt administration in American history, former Vice President Joe Biden rolled out a new comprehensive ethics plan that includes a constitutional amendment to publicly finance elections. It also calls for a ban on lobbying by foreign governments and stricter protocols to ensure a firewall between the White House and prosecutorial decisions at the Justice Department. The proposal comes as Biden is under assault from President Trump and his allies over unsubstantiated allegations that he acted as vice president to shield his son from an investigation of a Ukrainian energy company whose board he served on.
Democratic Lobbyists Bristle at Party’s Attack on K Street
The Hill – Alex Gangitano | Published: 10/16/2019
With presidential candidates like U.S. Sens. Elizabeth Warren and Bernie Sanders calling for tougher rules on how the lobbying world works, Democratic lobbyists find themselves walking a difficult tightrope. The lobbying industry has pushed back on those proposals as unconstitutional, arguing they would be a restriction on First Amendment rights. Democratic lobbyists said while those proposals may be intended to target K Street'[s biggest spenders, they could also silence voices for progressive causes. A persistent argument against tougher restrictions on lobbying is they would lead to more so-called shadow lobbyists, those who do lobbying work but do not register.
Department of Justice’s Lobbyist Registry Available, but with Technical Issues
The Weekly – Giovanna Garofalo | Published: 10/16/2019
Puerto Rico’s lobbyist registry is now available for the general public to use. The registry is essentially a table that will list lobbyists under their name, number of registrations, clients who they represent, and authorized staff. When visitors access the page now, they will realize that it does not feature a single lobbyist. The Department of Justice and the Puerto Rico Innovation and Technology Service are still ironing out technical issues with the registry.
FEC Chairwoman Says She ‘Will Not Be Silenced’ after Republican Lawmaker Requests Ethics Investigation
CNN – Kaatina Iyer | Published: 10/10/2019
FEC Chairperson Ellen Weintraub said she “will not be silenced” after a Republican member of Congress requested that she be investigated for ethics violations for her public statements. Rep. Rodney Davis, who was named an honorary state chairperson for President Trump’s reelection campaign, sent a letter to FEC Inspector General Christopher Skinner, asking him to investigate Weintraub’s “refusal … to recuse herself” from any matters involving the president. He argued that Weintraub’s public statements regarding Trump on Twitter undermines her nonpartisan position.
Fourth Defendant in Giuliani Associates’ Case Arrested at New York Airport
Stamford Advocate – Devlin Barrett (Washington Post) | Published: 10/16/2019
David Correia, the fourth defendant in a campaign finance case involving business associates of President Trump’s personal lawyer Rudolph Giuliani, was arrested at a New York City airport. Correia has been charged with participating in a scheme to use foreign money to build political support for a fledgling recreational marijuana business in Nevada and other states, according to an indictment that also charged Lev Parnas and Igor Fruman with conspiracy and making false statements to campaign finance regulators. The third defendant in the case, a California man named Andrey Kukushkin, was arrested recently, according to authorities.
Giuliani Is Said to Be Under Investigation for Ukraine Work
MSN – Michael Schmidt, Ben Protess, Kenneth Vogel, and William Rashbaum (New York Times) | Published: 10/11/2019
An investigation by federal prosecutors into President Trump’s personal lawyer Rudolph Giuliani is tied to the case against two of Giuliani’s associates who were arrested recently on campaign finance related charges. The associates were charged with funneling illegal contributions to a member of Congress whose help they sought in removing the American ambassador to Ukraine, Marie Yovanovitch. Giuliani has denied wrongdoing, but he acknowledged he and the associates worked with Ukrainian prosecutors to collect potentially damaging information about Yovanovitch. Federal law requires American citizens to disclose any contacts with the government or media in the U.S. at the direction or request of foreign politicians or government officials.
Giuliani Pressed for Turkish Prisoner Swap in Oval Office Meeting
MSN – Jo Becker, Maggie Haberman, and Eric Lipton (New York Times) | Published: 10/10/2019
During an Oval Office meeting with President Trump and Secretary of State Rex Tillerson in 2017, Rudolph Giuliani pressed for help in securing the release of a jailed client, an Iranian-Turkish gold trader, as part of a potential prisoner swap with Turkey. Giuliani’s request provoked an immediate objection from Tillerson, who argued it would be highly inappropriate to interfere in an open criminal case. In the end, no such prisoner swap took place. But the episode has opened a new chapter in Giuliani’s efforts to interject himself into the Trump administration’s diplomacy while at times representing clients with a direct interest in the outcome.
House Readies Bill Aimed at Stopping Foreign Election Interference
Courthouse News Service – Brandi Buchman | Published: 10/16/2019
House lawmakers are pushing for the passage of a third bill to protect the integrity of U.S. elections, with the latest piece of legislation aimed at closing loopholes that allow foreign nationals to spend money on American campaigns. The Stopping Harmful Interference in Elections for a Lasting Democracy Act proposes increasing transparency for campaigns, parties, and PACs by requiring them to report any attempt by a foreign government or individual to influence an election to the FEC and the FBI. The bill also requires U.S. campaigns to establish standards for compliance.
How Amazon.com Moved into the Business of U.S. Elections
Reuters – Nandita Bose | Published: 10/15/2019
The expansion by Amazon Web Services (AWS) into state and local elections has gathered steam since the 2016 U.S. presidential vote. More than 40 states now use one or more of Amazon’s election offering. So do the two main political parties, former Vice President Joe Biden, and the FEC. While it does not handle voting on election day, AWS, along with a network of partners, now runs state and county election websites, stores voter registration rolls and ballot data, facilitates overseas voting by military personnel, and helps provide live election-night results. The company’s efforts are welcomed by election administrators, who in interviews said they often struggle with keeping outdated systems up to date at the local level.
Never-Before-Seen Trump Tax Documents Show Major Inconsistencies
ProPublica – Heather Vogell | Published: 10/16/2019
Documents obtained by ProPublica show stark differences in how Donald Trump’s businesses reported some expenses, profits, and occupancy figures for two Manhattan buildings, giving a lender different figures than they provided to New York City tax authorities. The discrepancies made the buildings appear more profitable to the lender, and less profitable to the officials who set the buildings’ property tax. The discrepancies are “versions of fraud,” said Nancy Wallace, a professor of finance and real estate at the University of California-Berkeley. “This kind of stuff is not OK.” Two former Trump associates, Michael Cohen and Paul Manafort, are serving prison time for offenses that include falsifying tax and bank records, some of them related to real estate.
Rep. Elijah Cummings, Democratic Leader and Regular Trump Target, Dies at 68
MSN – Jenna Portnoy and Antonia Farzan (Washington Post) | Published: 10/17/2019
U.S. Rep. Elijah Cummings, who gained national attention for his principled stands on politically charged issues in the House, his calming effect on anti-police riots in Baltimore, and his forceful opposition to the presidency of Donald Trump, died on October 17. He was 68 years old. Cummings served as chairperson of the Congressional Black Caucus and then ranking member chair of what became the House Oversight and Reform Committee. He became a leading voice against the Trump administration’s efforts to add a citizenship question to the 2020 Census. He was also a forceful opponent of an immigration policy that separated thousands of children from their parents after they illegally crossed the southern U.S. border. Cummings spearheaded probes into security clearances issued by the White House and payments made during the 2016 campaign to silence women who claimed to have had affairs with Trump.
Those Foreign Business Ties? The Trump Sons Have Plenty Too
ENM News – Eric Lipton, Steve Eder, and Ben Protess (New York Times) | Published: 10/11/2019
For the children of the politically powerful, personal business and public dealings can often be indistinguishable, especially when private projects depend on foreign governments that are looking to bolster ties with Washington. As the president has become embroiled in a scandal involving his interactions with Ukraine, Donald Trump Jr. and his brother Eric have taken to attacking Hunter Biden, the son of former Vice President Joe Biden, for his business dealings in Ukraine and China. The brothers have accused him of leveraging his family name for personal gain while his father served in the Obama administration. But the high-profile attack roles being played by President Trump’s eldest sons have now thrust their own business dealings into the spotlight too. Both sons have operated and promoted the Trump family business overseas during their father’s presidency, even as he retains ownership.
Trump Emoluments Case Over His D.C. Hotel Gets Second Chance in Legal Challenge
Connecticut Post – Ann Marimow (Washington Post) | Published: 10/15/2019
A federal appeals court order revived a lawsuit claiming President Trump is illegally profiting from foreign and state government visitors at his hotel in Washington, D.C. The U.S. Court of Appeals for the Fourth Circuit agreed to rehear the lawsuit, brought by the attorneys general of Maryland and the District of Columbia, which was dismissed over the summer by a three-judge panel of the court. The brief order set oral arguments before a full panel of judges for December 12 and essentially gives the novel lawsuit, which tests the anti-corruption emoluments provisions of the Constitution, a second chance.
Trump Has Awarded Next Year’s G-7 Summit of World Leaders to His Miami-Area Resort, the White House Said
Washington Post – Toluse Olorunnipa, David Fahrenthold, and Jonathan O’Connell | Published: 10/17/2019
Next year’s G-7 gathering of the leaders of the world’s biggest economies will take place at President Trump’s Doral golf resort outside of Miami. The decision is without precedent in modern American history – the president used his public office to direct a massive contract to himself. Doral provides more revenue to Trump than any other hotel or golf club. But, in recent years, this keystone property has fallen into steep decline, with profits falling 69 percent in three years. Trump is already facing lawsuits for allegedly violating the Constitution’s ban on receiving “emoluments” from foreign governments. By doing this, he could be inviting a huge increase in the very line of business that these lawsuits are scrutinizing.
Ukraine Scandal Snags Pete Sessions’s Congressional Comeback Bid
MSN – Catie Edmondson (New York Times) | Published: 10/10/2019
Former U.S. Pete Sessions, who is seeking a return to Congress, was caught in the fallout of the Ukraine scandal when he was referred to in the indictment of two presidential allies accused of campaign finance allegations. Sessions is described as “Congressman-1” in the indictment of Lev Parnas and Igor Fruman, who were charged with illegally funneling foreign money to American candidates and campaigns. “Congressman-1” is described as having received large campaign contributions from Parnas and Fruman, and whom Parnas asked for help in removing the U.S. ambassador to Ukraine, Marie Yovanovitch.
Violent Spoof Video of Trump Killing His Critics Shows How Memes Have Reshaped Politics
Denver Post – Drew Harwell and Tony Romm (Washington Post) | Published: 10/14/2019
A meme video, a spoof derived from a bloody action film, shown at President Trump’s Miami-area golf resort drew outrage from some for its depiction of Trump shooting journalists and attacking political figures who have been critical of him, both Democrats and Republicans. Some warned the clip and others like it could incite real-world violence. But that outrage also helped ensure the video would be circulated more widely. Becca Lewis, who researches online subcultures and media manipulation for Stanford University, said the video’s sharing showed how such memes have become a potent force for political expression and propaganda. The meme creators, she said, routinely sought mainstream attention for the memes in a way that would make the shocking content seem more and more acceptable.
Warren Dares Facebook With Intentionally False Political Ad
ENM News – Cecilia Kang and Thomas Kaplan (New York Times) | Published: 10/12/2019
U.S. Sen. Elizabeth Warren is playing a game of dare with Facebook. The Democratic presidential candidate bought an ad on the social network that purposefully includes false claims about Facebook’s chief executive, Mark Zuckerberg, and President Trump to goad the social network to remove misinformation in political ads ahead of the 2020 presidential election. “We decided to see just how far it goes,” Warren wrote, calling Facebook a “disinformation-for-profit machine.” Warren’s actions follow a brouhaha over Facebook and political ads in recent weeks. Mr. Trump’s campaign recently bought ads across social media that falsely said Joe Biden offered $1 billion to Ukrainian officials to remove a prosecutor who was overseeing an investigation of a company associated with Biden’s son Hunter.
Warren Targets ‘Big Money’ in Campaigns, Rules Out Donations from Tech and Bank Executives
The Hill – Tal Axelrod | Published: 10/15/2019
U.S. Sen. Elizabeth Warren White House unveiled a sweeping new proposal to eliminate “big money” in politics, taking aim at donations from PACs and urging her fellow presidential contenders to be transparent in their fundraising. Warren said her plan would end the practice of federal candidates taking corporate PAC money and ban foreign corporate influence in American elections. She would also seek to require presidential campaigns to disclose their major donors, bundlers, and finance events and update campaign finance laws to address online political advertising.
From the States and Municipalities
Arizona – Group Trying to Escape Fine for Violating Arizona Campaign Finance Laws
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 10/16/2019
A group that spent $260,000 attacking a 2014 foe of Arizona Gov. Doug Ducey in his first gubernatorial race is trying again to escape paying a fine for violating state campaign finance laws. Attorneys for the Legacy Foundation Action Fund contend the Citizens Clean Elections Commission lacked the power to impose a $96,000 fine for the commercials targeting former Mesa Mayor Scott Smith. They say there was no proof the ad was done to advance the political fortunes of anyone else in the Republican gubernatorial primary. Beyond that, the lawyers contend the commission lacks the authority to enforce the campaign finance laws.
Arkansas – Speaking as Taxpayer in TV Ad, Griffin Says; His Appearance Raises Campaign Questions
Arkansas Democrat-Gazette – Alyson Hoge | Published: 10/6/2019
Lt. Gov. Tim Griffin appears in a television advertisement financed by a nonprofit issue advocacy group called Arkansas Competes. The ad will air about two months after Griffin said he will be a candidate for governor in the 2022 election to succeed Asa Hutchinson. Griffin said he is appearing in the ad “as an Arkansas taxpayer deeply concerned about issues facing our state.” Arkansas Competes Director Carl Vogelpohl said the ad would not run afoul of state law. He noted a state Ethics Commission advisory opinion that said if a non-candidate committee organized as a 501 (c) (4) runs issue ads in Arkansas not asking for votes for or against a specific candidate, the committee’s activity would not constitute a contribution or non-monetary contribution under state law.
California – FBI Investigating Whether Sacramento Pot Businesses Paid Bribes to Public Officials
Sacramento Bee – Sam Stanton and Ryan Sabalow | Published: 10/14/2019
The FBI has been investigating whether Sacramento-area marijuana businesses have made payoffs to public officials in the region in exchange for favorable treatment and license approvals. The investigation comes two months after the FBI announced in a podcast that it was “seeing a public corruption threat emerge in the expanding cannabis industry” and asked for any tips involving public corruption and the industry, which generates millions of dollars in revenue and involves licenses that can go for as much as $500,000.
Connecticut – Government for Sale? Lobbyists Spent $32M This Year to Influence Legislative Session
Manchester Journal Inquirer – Eric Bedner and Will Healy | Published: 10/12/2019
More than $32.3 million was spent this year by nearly 1,000 lobbying organizations to push their agendas and try to persuade Connecticut lawmakers into siding with them on key pieces of legislation. Most of that money was spent during the legislative session that ran from January to June. During the 2019 session, the two most lobbied areas of policy involved health care and hospitals and general government, which includes taxes and contracts Peter Lewandowski, executive director of the Office of State Ethics, said the “overwhelming majority” of lobbyists comply with the regulations as the business is mostly “reputation-based.”
Florida – $500 Ethics Fine Against Dennis McDonald Now Upped to $10,000, with Governor’s Reprimand and Censure
FlaglerLive.com; Staff – | Published: 10/10/2019
A three-year-old ethics case against former Flagler County Commission candidate Dennis McDonald could have ended last June with a $500 fine to which he had agreed. Instead, and for lack of answering a few questions and correcting the record, McDonald now faces a $10,000 fine and a public censure and reprimand by the governor. The Florida Ethics Commission meets on October 25 to vote on the case. The commission voted unanimously at its June meeting to reject a settlement with McDonald because he had not corrected the mistakes on his financial disclosure forms, however minor, that had led to the case against him.
Illinois – Caught on Tape: Ex-Ald. Danny Solis sought money from Jerry Reinsdorf group
Chicago Sun-Times – Tim Novak | Published: 10/11/2019
With FBI agents secretly listening in, then-Chicago Ald. Danny Solis was caught on a wiretap four years ago discussing plans to solicit campaign money from a development group whose owners include sports mogul Jerry Reinsdorf, chairperson of the Chicago Bulls and White Sox, that needed his help at City Hall. Michigan Avenue Real Estate Group needed Solis’ approval for a $40 million apartment complex they later built in his ward. During a call, Solis explained, over the worries of an unidentified aide that the developers were still awaiting the alderman’s approval for the project, how he planned to solicit Reinsdorf’s business partner Thomas Meador, for campaign money. Solis wore a wire for nearly two years, secretly recording conversations at City Hall.
Maryland – ‘Maryland Is Very Corrupt’: Charges against former Del. Tawanna Gaines add to state’s corruption history
Baltimore Sun – Elliott Davis (Capital News Service) | Published: 10/17/2019
Former Maryland Del. Tawanna Gaines is scheduled to be arraigned on a federal wire fraud charge. She is charged with using an undisclosed PayPal account to accept donations to her campaign finance committee. Gaines is not alone. The arraignment adds her to the growing list of politicians in the state who have either committed crimes or ethical violations. Gaines is the third Democratic delegate from Prince George’s County alone to be charged or convicted since 2018.
Michigan – Lights Turn Green for Traffic Signal Company That Hired MDOT Director
Detroit Free Press – Paul Egan | Published: 10/14/2019
The Michigan Department of Transportation (MDOT) made a major shift in who supplies its traffic signal control equipment, just as its former director has taken an executive position with the company that benefits from the change. MDOT used to buy all its traffic signal control equipment and software from Siemens Mobility. But that changed last October, the same month Kirk Steudle, who, for the previous 12 years headed up the department, was named senior vice president of Econolite Systems, a Siemens competitor based in California. In October 2018, the state agency changed its specifications to allow the purchase of traffic signal controllers supplied by Econolite in addition to those made by Siemens.
New York – Big Questions Remain for NY’s Public Campaign Finance Plan
AP News – Marina Villeneuve | Published: 10/14/2019
A New York commission began crafting a small-donor public campaign financing system but has yet to tackle big issues such as when the program would launch and how it would be implemented. The system will provide up to $100 million in public financing to candidates for offices such as governor and Legislature who get enough small private donations. The Public Campaign Financing Commission has until December 1 to announce rules that will become law unless lawmakers hold a rare end-of-year special session to reject them.
New York – Loophole Allows People with City Business to Shower Thousands on Candidates Despite Contribution Limits
New York Daily News – Anna Sanders | Published: 10/14/2019
Contributions from people doing business with New York City were restricted in 2007 and a database was created to ensure candidates and donors complied with the law. Lobbyists pushing city policies and seeking municipal contracts for their clients are included. So are top executives and owners of companies who already have contracts and those lobbying the city. But the law allows them to act as bundlers for other donors without the same contribution limits. Critics say the arrangement leaves the door wide open for powerful and well-connected New Yorkers to influence elections and sway politicians in their favor.
New York – New York Can Now Bring Charges Against Presidential Pardon Recipients
Politico – Bill Mahoney | Published: 10/16/2019
Gov. Andrew Cuomo signed legislation that will let New York prosecutors bring charges against individuals who have received presidential pardons for related crimes. The bill was explicitly written to address fears that President Trump might use his pardon power to interfere with criminal investigations. The U.S. Supreme Court has found the constitutional prohibition on double jeopardy does not apply to the states. It does not bar state prosecutors from bringing charges against individuals who have already been tried on similar federal crimes. But New York’s existing law included additional safeguards that prohibited these second trials.
North Carolina – Solar Group Solicits Campaign Cash for Top Lawmaker, Tied Directly to Legislative Action
WBTV – Nick Ochsner | Published: 10/16/2019
A solar industry group solicited campaign contributions for a North Carolina legislator in an email to its members and tied the request for funds directly to action he had taken days earlier on a bill opposed by the group. The request came from the North Carolina Clean Energy Business Alliance on behalf of state Rep. John Szoka, chairperson of the House Committee on Energy and Public Utilities. Chris Carmody, the executive director of alliance, asked the organization’s members to donate to Szoka up to $5,200, the maximum contribution allowed under the law. The email noted Szoka and a second lawmaker for their opposition to Senate Bill 559, which would authorize Duke Energy to set energy rates for a multi-year period with relaxed oversight from state regulators.
North Dakota – North Dakota Ethics Commission Receives First Complaint
Bismarck Tribune – Jack Dura | Published: 10/10/2019
North Dakota’s new Ethics Commission has received its first complaint, but its details are not immediately available. The commission, which has met only twice, does not yet have investigative procedures for handling complaints. The panel’s next meeting agenda includes items such as establishing a website and office space and writing job descriptions for hiring staff. The commission may write and adopt rules related to transparency, elections, lobbying, and corruption, but it has yet to begin or even broach a rule-making process.
Ohio – The Right Way for a State to Purge Voters Might Be to Show How Wrong It Is
ENM News – Nicholas Casey (New York Times) | Published: 10/14/2019
Ohio is a battleground state and the site of some of the country’s strictest voting laws, from voter ID requirements to a “use-it-or-lose-it” provision that lets officials drop voters seen as inactive. That has led critics to contend parts of the state are regularly disenfranchised, largely in purges aimed at those who have died or moved away, but which also hit real voters who do not learn they cannot vote until Election Day. Rather than purge the voter rolls behind closed doors as had been done in the past, the state released the full list and gave it to advocacy groups to check. The groups said they found the list was riddled with errors. Around 40,000 people should not have been on it, the state determined. One of the names to be purged as an inactive voter was Jen Miller, director of the League of Women Voters of Ohio.
Rhode Island – Facing Penalties, IGT Discloses $776K More Was Spent in Push for New Contract
Providence Journal – Katherine Gregg | Published: 10/16/2019
Facing potential penalties of up to $5,000 and revocation of its right to lobby in Rhode Island, lottery giant IGT and an affiliate have now publicly disclosed a total of $1.2 million in spending in July, August, and September on the company’s campaign for a no-bid, 20-year contract extension to provide the technology and machines for the Rhode Island Lottery, a state-run entity that produced $397 million in revenue last year. While the company disclosed the $129,000 it paid a dozen lobbyists between July 1 and September 30, it had not disclosed how much it paid its public-relations consultants, advertisers, and affiliates to try to win public and legislative support for the contract extension.
South Carolina – SC Supreme Court Justices Grill Special Prosecutor in Quinn Public Corruption Case
The State – John Monk | Published: 10/15/2019
South Carolina’s five Supreme Court justices fired question after question at special prosecutor David Pascoe about why he wanted to undo the conviction and no-prison sentence of ex-state Rep. Rick Quinn Jr. in a high-profile public corruption case. At the heart of Pascoe’s argument was his claim that the judge who sentenced Quinn erred in allowing Quinn to plead guilty to what Pascoe asserted was a non-crime. The Supreme Court overturning the conviction could allow either a new trial or a guilty plea to a lawful charge, Pascoe has said in briefs on the case.
Texas – Dallas Council Member Violated City Code with VisitDallas Tickets, Ethics Commission Says
Dallas News – Hayat Norimine | Published: 10/15/2019
Dallas City Councilperson Casey Thomas violated the ethics code by failing to disclose over $1,600 worth of event tickets he received from VisitDallas, the city Ethics Advisory Commission said. Ahead of the commission’s vote, Thomas promised to recuse himself from any votes related to VisitDallas, the city’s tourism bureau, for the remainder of his term. He also said he fixed procedures with his staff to ensure the mistake would not happen again. The code of ethics on gifts states that city officials should not accept an item that “is intended to influence or reward” decisions and must file financial disclosure forms for any gift that exceeds $250 within a month of accepting it.
Texas – Texas GOP Speaker Tape: Lawmaker ‘vile,’ Trump ‘killing us’
AP News – Paul Weber and Clarice Silber | Published: 10/15/2019
A secretly recorded audio tape of Texas House Speaker Dennis Bonnen seeking help to oust members of his own Republican Party and profanely disparaging a Democratic House member, along with and other political scheming, has thrown the GOP-controlled Legislature into disarray at a fragile moment when their majority is at stake. The tape has uncorked the biggest political scandal in the state in years. Democrats filed a lawsuit accusing Bonnen of breaking campaign finance laws during the meeting with the head of a conservative group called Empower Texans, which has spent lavishly in pursuit of pulling the Legislature far to the right on issues such as abortion and guns. State investigators responsible for looking into allegations of corruption by public officials have also opened a case.
Virginia – A Virginia Beach Republican Says Democrats Gave His Campaign $44,000. Here’s What’s Going On.
The Virginian-Pilot – Marie Albiges | Published: 10/16/2019
A Republican delegate trying to hold onto his Virginia House seat says his Democratic opponent’s attack mailers have actually benefited his campaign, so much so that he is reporting them as a $44,000 in-kind contribution in official records submitted to the state. Davis said he feels a “legal obligation” to report the donation. The stunt in reality is a creative way to frame what is shaping up to be a close race as Democrats try to flip enough seats to seize control of the General Assembly, said Robin Cooperman, a political science professor at the University of Mary Washington. “It’s political theater, to be sure,” Cooperman said.
Wyoming – Wyoming Utility Regulator Copied, Sent Coal Lobby Letter
WyoFile.com – Andrew Graham | Published: 10/15/2019
The Wyoming Public Service Commission (PSC), in concert with five equivalent bodies from other states, recently asked the Federal Energy Regulatory Commission (FERC) to accelerate an inquiry that could subsidize coal plants in the name of electrical grid reliability. The letter of request appears to have been drafted, in part, by a coal industry lobbying group and passed through by the PSC. Emails obtained by the Energy and Policy Institute through a public records request show three paragraphs of PSC Chairperson Karen Forstrom’s letter match a model letter a representative of the American Coalition for Clean Coal Electricity provided to West Virginia public service commissioners on July 30.
October 11, 2019 •
News You Can Use Digest – October 11, 2019
![News You Can Use Digest – October 11, 2019](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal Bernie Sanders Says He Will Slow His Campaign Pace After Heart Attack ENM News – Sydney Ember and Jonathan Martin (New York Times) | Published: 10/8/2019 U.S. Sen. Bernie Sanders, in a striking concession for a leading presidential candidate, said […]
National/Federal
Bernie Sanders Says He Will Slow His Campaign Pace After Heart Attack
ENM News – Sydney Ember and Jonathan Martin (New York Times) | Published: 10/8/2019
U.S. Sen. Bernie Sanders, in a striking concession for a leading presidential candidate, said he planned to slow down his pace on the campaign trail after suffering a heart attack, and acknowledged voters would likely consider his health when deciding whether to support him. Sanders’ remarks stood in contrast with comments in recent days from his campaign advisers, who have insisted the senator was neither changing course nor easing his trademark intensity as a result of the heart attack. Given Sanders’ influential role in the Democratic race, not only as a top candidate but also as a driving force in policy debates, his decision to pull back campaigning injects new uncertainty into the contest.
Bernie Sanders, Resting at Home, Announces Plan to Curtail Money in Politics
San Francisco Chronicle – Chelsea Janes (Washington Post) | Published: 10/7/2019
As U.S. Sen. Bernie Sanders recovers at his home from a heart attack, his presidential campaign is pushing ahead without his typical frequent campaign appearances and trying to foster a sense of business as usual. The campaign released a plan to “get corporate money out of politics,” a proposal that would eliminate big-dollar fundraising for all federal elections, enact a constitutional amendment to declare campaign contributions are not speech, and take aim at the Democratic National Convention. The changes would undermine the fundraising approach of not only President Trump and the Republicans, but almost all of Sanders’s fellow Democratic candidates, too.
Bipartisan Senate Report Calls for Sweeping Effort to Prevent Russian Interference in 2020 Election
MSN – Craig Timberg and Tony Romm (Washington Post) | Published: 10/8/2019
A bipartisan panel of U.S. senators called for sweeping action by Congress, the White House, and Silicon Valley to ensure social media sites are not used to interfere in the coming presidential election, delivering a sobering assessment about the weaknesses that Russian operatives exploited in the 2016 campaign. The Senate Intelligence Committee, a Republican-led panel that has been investigating foreign electoral interference for more than two-and-a-half years, said in blunt language that Russians worked to damage Hillary Clinton while bolstering Donald Trump, and made clear that fresh rounds of interference are likely ahead of the 2020 vote.
DC Court Refuses to Overturn Campaign Finance Law
Courthouse News Service – Megan Mineiro | Published: 10/3/2019
A panel of the U.S. Court of Appeals for the District of Columbia Circuit rejected a bipartisan appeal from lawmakers to upend precedent on campaign finance law, upholding an earlier decision. The 2010 SpeechNow v. Federal Election Commission ruling held that certain PACs can collect unlimited contributions from both individuals and corporations with the caveat being that PAC activities are not made “‘in cooperation, consultation, or concert, with, or at the request or suggestion of” a candidate, campaign, or political party. “Since the purpose of this lawsuit is to challenge the D.C. Circuit’s 2010 SpeechNow decision, we look forward to now presenting the case to a court that is authorized to overrule SpeechNow, which the three-judge panel was not empowered to do,” said Ronald Fein, an attorney with Free Speech For People.
Donald Trump’s Longtime Business Connections in Turkey Back in the Spotlight
NBC News – Heidi Przybyla and Anna Schecter | Published: 10/9/2019
President Trump’s decision to pull U.S. troops out of Northern Syria has drawn harsh rebukes from both Republicans and Democrats in Congress and raised alarm bells among America’s allies across the globe. While the president has defended the decision as part of his longtime promise to end U.S. military involvement in the region, even his staunchest supporters at home warned it has essentially given Turkey a green light for a major military offensive against the Kurdish minority there, a target of Turkish President Recep Tayyip Erdogan. The fact that Trump made his decision to remove the troops shortly after a phone call with Erdogan has raised alarm bells from policymakers, as well as government ethics watchdog groups who have long seen Trump’s extensive business interests as a potential area for conflicts-of-interest.
Elaine Chao Favored Kentuckians in Meeting with Officials Seeking Grants
Politico – Tanya Snyder, Tucker Doherty, and Arren Kimbel-Sannit | Published: 10/7/2019
In her first 14 months as Transportation secretary, Elaine Chao met with officials from Kentucky, which her husband Mitch McConnell represents in the Senate, vastly more often than those from any other state. In all, 25 percent of Chao’s scheduled meetings with local officials of any state from January 2017 to March 2018 were with Kentuckians. At least five of Chao’s 18 meetings with local Kentuckians were requested in emails from McConnell staffers, who alerted Chao’s staff members which of the officials were “friends” or “loyal supporters,” according to records. Some of the officials who met with Chao had active grant applications before the Department of Transportation through competitive programs and the emails indicate the meetings sometimes involved the exchange of information about grants and opportunities for the officials to plead their case directly before Chao.
Facebook’s Hands-Off Approach to Political Speech Gets Impeachment Test
ENM News – Cecilia Kang (New York Times) | Published: 10/9/2019
Facebook rejected a request from Joe Biden’s presidential campaign to take it down a video ad by President Trump’s campaign, even though CNN refused to air the ad, saying it made false accusations. In a letter to the Biden campaign, Facebook said the ad did not violate company policies. The social network recently announced that politicians and their campaigns had nearly free rein over content they post there. Even false statements and misleading content in ads, the company has said, are an important part of the political conversation. Facebook’s decision illustrates its executives’ resolve to stay out of the moderation of political speech, despite the use of the social network to spread disinformation in the 2016 presidential campaign.
He Was Trump’s First Fan in Congress. Now He’s a Felon.
ENM News – Vivian Wang (New York Times) | Published: 10/8/2019
The story of former U.S. Rep. Christopher Collins’s rise and fall – businessperson to congressional backbencher, then presidential cheerleader to felon – is a tale of money, politics, family ties and murky ethics. It is also the story of a man who rose to prominence by hitching himself to Donald Trump, and whose star then plummeted as quickly as it rose. Collins resigned his seat and agreed to plead guilty to conspiracy to commit securities fraud and lying to federal investigators. He faces up to 10 years in prison, but prosecutors and defense lawyers have agreed to seek a sentence between 46 months and 57 months.
Legal Team Says It Represents a Second Whistle-Blower Over Trump and Ukraine
MSN – Annie Karni and Nicholas Fandos (New York Times) | Published: 10/4/2019
An intelligence official with “firsthand knowledge” has provided information related to President Trump’s dealings with Ukraine and is now protected from retaliation as a whistle-blower, lawyers representing the official said, confirming a second individual has come forward in the matter. Much is unknown about the official, who has been interviewed by the intelligence community’s inspector general but has not filed a formal complaint. But the individual has hired the same legal team as the first whistle-blower. That, and the claim of “firsthand knowledge,” suggests testimony that might bolster the impeachment case against Trump and further undermine one of his main defense claims: that the accusations against him are based on inaccurate, secondhand information.
Officials’ Texts Reveal Belief That Trump Wanted Probes as Condition of Ukraine Meeting
MSN – Karoun Demirjian, Rachael Bade, Josh Dawsey, and John Hudson (Washington Post) | Published: 10/4/2019
House investigators released numerous text messages illustrating how senior State Department officials coordinated with the Ukrainian president’s top aide and President Trump’s personal lawyer to leverage a potential summit between the heads of state on a promise from the Ukrainians to investigate the 2016 U.S. election and an energy company that employed Joe Biden’s son. The texts, which former special U.S. envoy to Ukraine Kurt Volker provided investigators, reveal officials felt Trump would not agree to meet with Ukrainian President Volodymyr Zelensky unless Zelensky promised to launch the investigations, and did so publicly.
Rick Perry’s Focus on Gas Company Entangles Him in Ukraine Case
ENM News – Kenneth Vogel, Matina Stevis-Gridneff, and Andrew Kramer (New York Times) | Published: 10/7/2019
When Energy Secretary Rick Perry led an American delegation to the inauguration Ukraine President Volodymyr Zelensky, he suggested the names of Americans the new government might want to advise and oversee the country’s state-owned gas company. Perry’s focus during the trip on Ukraine’s energy industry was in keeping with a push he had begun months earlier and was consistent with U.S. policy of promoting anti-corruption efforts in Ukraine and greater energy independence. But his actions during the trip have entangled him in a controversy about a pressure campaign waged by President Trump and his allies directed at the new Zelensky that is at the center of the impeachment inquiry into Trump. That effort sought to pressure Zelensky’s government to investigate Trump’s rivals, including former Vice President Joe Biden.
‘Shadow Lobbying’ in Trump’s Washington
Center for Responsive Politics – Karl Evers-Hillstrom and Dan Auble | Published: 10/3/2019
The Center for Responsive Politics investigated several aspects of unreported lobbying and advocacy in Washington, D.C. The analysis indicated that undisclosed lobbying activities are common. When an individual engages in advocacy to influence public policy but does not register as a lobbyist, it is typically referred to as “shadow lobbying.” It is common, for example, that a top government affairs employee oversees lobbying activity but never actually registers under the Lobbying Disclosure Act by exploiting its various loopholes.
Silence on Big-Money Bundlers Bedevils Watchdog Groups
The Fulcrom; Staff – | Published: 10/9/2019
Some of the most prominent political reform groups have been pressing the presidential candidates for months to be transparent about who is helping them fill their campaign coffers. But they are getting hardly anywhere. The group put out another plea recently, urging all 19 Democrats remaining in the race, plus President Trump and his three Republican challengers, to “implement a system to regularly and meaningfully disclose information” about their so-called bundlers. Since the first request was sent, only one candidate has come close to meeting the coalition’s demands: Pete Buttigieg. He released a list of his two dozen bundlers in April, but it did not include how much money each had collected on his behalf.
Trump’s 2016 Campaign Was Run on a Shoestring. His Reelection Machine Is Huge – and Armed with Consultants.
Philadelphia Inquirer – Michelle Ye Hee Lee and Anu Narayanswamy (Washington Post) | Published: 10/8/2019
Donald Trump’s presidential campaign in 2015 had no pollster, rapid-response team, or fundraiser. A bare-bones staff toiled in a makeshift office at Trump Tower. His opponents vastly outspent him – and lost. But as president, Trump’s campaign machine has dramatically escalated, powered by a historically large fund of donations large and small that has given him a head start over the eventual Democratic nominee. The spending has also created a financial boon for a political-consulting class he once shunned. Beneficiaries of that money include a mix of experienced hands who have long been part of the GOP establishment and a newer crop of strategists who rode Trump’s coattails to a potentially lucrative career in presidential politics.
Two Business Associates of Trump’s Personal Attorney Giuliani Have Been Arrested on Campaign Finance Charges
MSN – Devlin Barrett and John Wagner (Washington Post) | Published: 10/10/2019
Two Florida businesspeople tied to President Trump’s personal lawyer Rudolph Giuliani were arrested on campaign finance violations resulting from a $325,000 donation to a PAC supporting Trump’s reelection. Lev Parnas and Igor Fruman were arrested on a four-count indictment that includes charges of conspiracy, making false statements to the FEC, and falsification of records. Parnas and Fruman were central to Giuliani’s efforts to get government officials in Ukraine to investigate business dealings by former Vice President Joe Biden and his son. The indictment, filled with allegations of political donations being made in secret for the benefit of foreign interests, only adds to the growing legal and political pressure on Trump and Giuliani as they try to fend off Democrats’ impeachment efforts.
US-Based Foreign Agent Bankrolled Ukraine President Zelensky’s DC Lobbying in Hopes of Ukrainian Government Job
Center for Responsive Politics – Anna Massoglia and Yue Stella Yu | Published: 10/7/2019
A little-known U.S.-based attorney, Marcus Cohen, quietly poured six figures into foreign influence operations for Ukraine President Volodymyr Zelensky, hoping to be rewarded with a job in his administration. The new Foreign Agent Registration Act (FARA) records reveal previously unreported meetings with Trump administration officials and details of a six-figure lobbying campaign promoting Zelensky’s interests in the U.S. during the leadup to his election and now-infamous phone call with President Trump. Cohen’s FARA registration follows a request by the Justice Department. He has previously operated under the radar with little paper trail.
Warren Swears Off High-Dollar Fundraisers in Potential General Election
Politico – Alex Thompson and Elena Schneider | Published: 10/9/2019
U.S. Sen. Elizabeth Warren said she will continue to swear off high-dollar campaign fundraisers in the general election if she becomes the Democratic presidential nominee, extending her self-imposed ban on the events beyond the primary and reversing an earlier statement. Warren had said earlier this year that she could do high-dollar fundraisers as the Democratic nominee in 2020 after swearing them off in the primary, to avoid “unilateral disarmament” against President Trump and the GOP. Campaign spokesperson Kristen Orthman clarified that Warren’s pledge would apply only to her presidential campaign, not to raising money for the Democratic Party or other candidates.
White House Declares War on Impeachment Inquiry, Claiming Effort to Undo Trump’s Election
MSN – Nicholas Fandos, Peter Baker, Michael Schmidt, and Maggie Haberman (New York Times) | Published: 10/8/2019
The White House declared it will halt all cooperation with the impeachment probe by House Democrats. In an eight-page letter, the White House said the inquiry into the Ukraine scandal was without merit, complained that President Trump has been denied his due process rights, and argued Democrats were intent on overturning the results of the 2016 election and influencing the 2020 contest. Trump’s decision to resist across the board is itself a potentially precedent setting move that could have far-reaching implications for the inquiry. Democrats believe it bolsters their list of impeachable offenses, adding the stonewalling of Congress to the tally, but it could also deprive them of crucial witnesses and evidence they might need to lodge credible charges against the president.
From the States and Municipalities
Alabama – Montgomery, Ala., Elects Its First African American Mayor After 200 Years
MSN – Meagan Flynn (Washington Pot) | Published: 10/9/2019
Making history, voters in Montgomery, Alabama, elected Steven Reed as the first African American mayor in the 200 years since the city’s founding. His victory reverberated well beyond Montgomery as many celebrated the milestone in a city remembered as both the cradle of the Confederacy and the birthplace of the civil rights movement. Montgomery, where about 60 percent of residents are black, was the first capital of the Confederate States of America, becoming a bastion of racial violence and discrimination in the Jim Crow era but also of protests and resistance in the civil rights era.
Alaska – New Rule Could Put State on Defense When an Alaska Governor Is Accused of an Ethics Violation
Anchorage Daily News – James Brooks | Published: 10/5/2019
Ten years ago, Sarah Palin announced she would resign as governor of Alaska. Explaining her decision, Palin gave a variety of reasons, including she felt financially and personally embattled by a host of ethics complaints. Under state law, she had to pay for her own legal defense. Under a proposed regulation now out for public comment, the state attorney general could direct the Department of Law to defend the governor or lieutenant governor if an ethics complaint is filed against them. The attorney general would have to state in writing that the defense is in the state’s best interest.
California – California Makes ‘Deepfake’ Videos Illegal, but Law May Be Hard to Enforce
The Guardian – Kari Paul | Published: 10/7/2019
California made it illegal to create or distribute “deepfakes” in a move meant to protect voters from misinformation but may be difficult to enforce. Gov. Gavin Newsom signed legislation that makes it illegal to create or distribute videos, images, or audio of politicians doctored to resemble real footage within 60 days of an election. Deepfakes are videos manipulated by artificial intelligence to overlay images of celebrity faces on others’ bodies and are meant to make viewers think they are real. But the new law will face a number of roadblocks, said Jane Kirtley, a professor of media ethics and law, as political speech enjoys more protections in print and online than in broadcast.
California – Judge in Insurance Case Refuses to Change Ruling in Favor of Lara Donor
San Diego Union Tribune – Jeff McDonald | Published: 10/4/2019
For the second time in three months, a judge for the California Department of Insurance refused to change or reconsider his ruling in a workers compensation case, despite direction from Commissioner Ricardo Lara or his special counsel. The case involves a subsidiary of a company whose executives gave thousands of dollars to Lara’s campaign. It is at least the fifth time the department took positions in cases that benefited Applied Underwriters, an Oklahoma insurer whose California subsidiary sold what are called EquityComp policies, which have generated dozens of complaints to state regulators.
Connecticut – Partnership for CT Opens First Meeting to Public, but Transparency Questions Persist
Connecticut Mirror – Kathleen Megan | Published: 10/8/2019
The Partnership for Connecticut has invited the public to the first “organizational meeting” of its governing board, but it is unclear what portion of that meeting, or subsequent meeting, will be open, or what the board will be discussing. The new partnership and its board, a private, nonprofit organization created to carry out a public-private collaboration between the state and Dalio Philanthropies, has been the subject of controversy since lawmakers exempted it from state disclosure and ethics rules even though taxpayer money is being used in the endeavor.
Florida – Rosen Gonzalez Cleared in Ethics Probe After Accusation She Lobbied for Contractors
Miami Herald – Martin Vassolo | Published: 10/5/2019
The most recent ethics complaint lodged against Miami Beach Commission candidate Kristen Rosen Gonzalez was dismissed about four months ago, according to an investigative report. At issue was whether Rosen Gonzalez violated the county’s ethics code, which prohibits former city officials from lobbying the city within two years after leaving their position. The Miami-Dade Commission on Ethics & Public Trust concluded there was insufficient evidence that Rosen Gonzalez, a former city commissioner, had lobbied senior city staff on behalf of three businesses contracted to do flooding-related work for the city.
Kansas – Wichita Council Members Can Take Unlimited Gifts. It’s Not Like That Everywhere
Wichita Eagle – Jonathan Shorman and Chance Swaim | Published: 10/6/2019
A Wichita Eagle review of cities across the region found ethics codes that prohibit specific behavior by elected officials that would leave them open to improper influence. Some states even require local officials to receive ethics training. In Wichita, city employees can be fired for accepting gifts, travel, or meals from anyone doing business with the city. But those rules do not apply to the mayor and city council. Instead, council members are supposed to follow an ethics ordinance that forbids them from doing business with friends and clients, with enforcement left up to the council itself.
Maryland – Del. Tawanna Gaines, Longtime Md. Lawmaker, Charged with Federal Wire Fraud
Washington Post – Ovetta Wiggins and Erin Cox | Published: 10/7/2019
Maryland Del. Tawanna Gaines was charged with federal wire fraud, accused of using $22,000 in campaign funds for personal expenses. She abruptly resigned from the General Assembly. She is accused of defrauding her campaign account, Friends of Tawanna P. Gaines, by soliciting donations that were directed to a PayPal account that was not disclosed in state campaign finance filings. Court documents allege Gaines told donors the money would go to her reelection campaign and to help her maintain her leadership positions. Instead, she is accused of using the money for herself.
Minnesota – Minneapolis Arena Backs Off on Rally Security Costs after Trump Campaign Cries Extortion, Threatens to Sue
Washington Post – Colby Itkowitz | Published: 10/8/2019
After the Trump campaign threatened to sue a Minneapolis arena for passing along a large security bill from the city to cover costs of the president’s political rally there later this week, the venue withdrew the request. Minneapolis officials told the Target Center, where Trump is slated to appear, that it would be responsible for the $530,000 the city says it will need to beef up security for the visit. The Target Center planned to pass that bill along to the Trump campaign and said the campaign would have to pay or it could not use the arena. But after a day of angry tweets from the president, the campaign announced the arena will not be canceling the contract and the campaign will not be paying any additional fees.
Mississippi – 4 Louisiana Men Plead Guilty in Mississippi Bribe Scheme
AP News – Jeff Amy | Published: 10/3/2019
Four Louisiana men have pleaded guilty to conspiring to bribe Mississippi’s former corrections commissioner and trying to bribe a Mississippi sheriff. Michael LeBlanc Sr., Michael LeBlanc Jr., Tawasky Ventroy, and Jacque Jones each entered a guilty plea in federal court to one count of conspiracy. All four men say they paid former Mississippi Corrections Commissioner Christopher Epps a $2,000 bribe in 2014 and promised him future bribes to secure his help in influencing sheriffs, especially those with regional jails overseen by the state, to let them sell phone service and commissary goods to inmates. They also admit to giving Kemper County Sheriff James Moore $2,000 in casino chips in an unsuccessful attempt to bribe him.
Missouri – Mystery Money Tied to McKee Slips into Missouri Attorney General Race
St. Louis Post-Dispatch – Jack Suntrup | Published: 10/3/2019
A St. Louis-based company that contributed to a committee supporting Missouri Attorney General Eric Schmitt’s election will not disclose anything about itself. The EC I Fund donated $10,000 to the MO Opportunity PAC, which was formed in support of Schmitt’s 2020 election bid. The contribution represents a fraction of the more than $670,000 the MO Opportunity PAC has secured this year, but it raises questions about whether the attorney general’s office can, or should, wall off Schmitt from cases that may involve EC I Fund officials, especially if the identities of those officials are unknown.
Nevada – LVCVA Board Bans Gifts as Part of Ethics Overhaul
Las Vegas Review-Journal – Jeff German | Published: 10/8/2019
Las Vegas Convention and Visitors Authority (LVCVA) board members approved new ethics rules that ban members from accepting gifts and tighten controls over travel. The changes have come amid a media investigation that found excessive spending at the tax funded LVCVA and lax board oversight of gifts and traveling expenses. The move also came after prosecutors filed felony theft charges against three former LVCVA executives over the mishandling of $90,000 in Southwest Airlines gift cards bought by the agency between 2012 and 2017. The new policies remove a $400 limit on accepting gifts and no longer encourage board members to travel abroad on LVCVA business unless they have expertise that can assist staff on a trip.
Nevada – State Republican Party Chair Did Little Work for Second Job as Dental Board Lobbyist, Records Show
Nevada Independent – Riley Snider | Published: 10/6/2019
Michael McDonald in September won re-election to a fifth term leading Nevada’s Republican Party. But leading the state GOP is not the only job on McDonald’s plate. For the past year, he has worked as the lobbyist for the Nevada State Board of Dental Examiners, the seventh-largest occupational licensing board in the state, although public records raise questions about his work for the board. Since he was hired in May 2018 (beating out two established lobbying firms led by former lawmakers), records indicate McDonald has spoken at just one board meeting in that 16 months. Public records requests reveal his only written correspondence with the board since he was hired has been monthly invoices, a request for $3,428.57 every month. Lobbyists and lawmakers reported not interacting or seeing him during the legislative session.
New York – Federal Judge Rules Trump Must Turn Over His Tax Returns to Manhattan DA, but Trump Has Appealed
MSN – David Fahrenthold and Ann Marimow (Washington Post) | Published: 10/7/2019
A federal judge dismissed President Trump’s lawsuit seeking to block the Manhattan district attorney from obtaining the president’s tax returns as part of an investigation into hush-money payments during the 2016 campaign. That decision does not mean the tax returns will be handed over immediately. Trump appealed within minutes, and an appeals court put the case on hold until it can hear the president’s challenge. But the ruling by U.S. District Court Judge Victor Marrero was still a broad rejection of Trump’s precedent-shattering argument in this case. The president argued that, as long as he is president, he cannot be investigated by any prosecutor, anywhere, for any reason. Marrero said that was “repugnant” to an American ideal as old as the Constitution: that no person, even a president, is above the law.
North Carolina – NC House Speaker Suing Duke Energy
WRAL – Travis Fain | Published: 10/8/2019
North Carolina House Speaker Tim Moore, who has power over whether bills live or die, is suing a company making one of the biggest lobbying pushes of this legislative session: Duke Energy. Moore is the lead attorney in a negligence case. A farmer was electrocuted when the sprayer boom on his tractor lifted into a power line. A lawsuit Moore filed on the family’s behalf argues that Duke’s line was too low. State Rep. David Lewis, who used to own a tractor dealership, is a paid expert witness in the case. Moore said he does not see a conflict-of-interest. He said Duke has not tried to curry favor with a settlement proposal as the company’s lobbying team works to pass Senate Bill 559, a potential major change in the way North Carolina sets electricity rates.
Oregon – Don’t Hire Your Relatives, Oregon Ethics Watchdog Tells Secretary of State
Portland Oregonian; Staff – | Published: 10/3/2019
Oregon’s ethics watchdog says Secretary of State Bev Clarno cannot hire her son, or any other family member, to perform paid work for her office without running afoul of the state’s conflict-of-interest law. Questions of nepotism arose after Clarno appointed her son, Randy Hilderbrand, to an unpaid volunteer role when she took over the office. Gov. Kate Brown appointed Clarno to replace Dennis Richardson, who died in February. While that may be the guidance for the secretary of state, Oregon legislators follow an entirely different rule. Oregon is one of the few states in the nation that allows lawmakers to hire family members. The Legislature passed a bill a decade ago providing lawmakers an exception to state anti-nepotism laws.
Pennsylvania – How Working Families Party’s Kendra Brooks Built the Biggest Independent Fundraising Machine in Philly Council History
Philadelphia Inquirer – Jonathan Lai and Sean Collins Walsh | Published: 10/9/2019
In her bid to win a Philadelphia City Council seat that has been held by Republicans for decades, Working Families Party candidate Kendra Brooks has drawn endorsements from high-profile elected officials and some unions, anger from the city’s Democratic establishment, and the backing of Philadelphia’s progressive movement. She has also raised a record amount of money for a third-party candidate. Beyond the total amount, Brooks’ fundraising is qualitatively different than that of most candidates.
Pennsylvania – The Amish Are the Target of a Republican Campaign to Drum Up Pa. Votes for Trump
Philadelphia Inquirer – Julie Zauzmer (Washington Post) | Published: 10/9/2019
Donald Trump won Pennsylvania in 2016 by a margin of less than 45,000 votes. The state is also home to 75,000 Amish people, most of whom do not vote. Two Republican political operatives are trying to convince the Amish to come out to the polls, where their votes might be influential. Their project, which started with billboards and newspaper ads urging Amish people to vote for Donald Trump, goes by the name Amish PAC. Amish people tend to align on policy with Republicans, who share their opposition to abortion and same-sex marriage. But making voters out of the Amish, who forgo technology like television and the Internet and who believe in the separation of their religious community from government intrusion, may be a steep goal.
Rhode Island – Grand Jury Probe Shines Spotlight on R.I. Speaker’s Narrow 2016 Campaign Win
Boston Globe – Dan McGowan | Published: 10/9/2019
Three weeks before the 2016 election, with Rhode Island House Speaker Nicholas Mattiello in a close race, his campaign had one last trick up its sleeve: an endorsement from Shawna Lawton, a little-known Republican who lost a primary to Mattiello’s general election opponent Steven Frias a month earlier. The campaign would mail the endorsement to thousands of voters in the district. Mattiello squeaked past Frias by 85 votes, and then he easily retained the speakership. But the details surrounding the endorsement mailer, including who paid for it and how it was arranged, have haunted Mattiello ever since. The state Board of Elections forwarded the case to the attorney general’s office, and now a grand jury has been convened to review whether anyone from Mattiello’s campaign broke the law.
Texas – The 2019 Texas Inauguration Cost a Record $5.3 Million. Where Are the Receipts?
Texas Tribune – Jay Root and Shannon Najmabadi | Published: 10/9/2019
The Texas Tribune filed a lawsuit seeking to discover what happened to the $5.3 million raised for Gov. Greg Abbott’s inauguration through ticket sales and donations from top lobbying firms, corporations and banks, wealthy businesspeople, and trade groups. The only accounting the inaugural committee has given came in its “final report” to the secretary of state’s office. In a one-page list of cash receipts and disbursements, the report gives 11 broad categories of expenditures. The Tribune asked the offices of the governor and lieutenant governor to help get basic information about the expenditures, such as who was paid to raise the money, the names of people or entities receiving large outlays, and which charities got donations. Most of those questions went unanswered.
Washington DC – D.C. Ethics Agency Failed to Probe Prominent Whistleblower Complaint, Audit Says
Washington Post – Fenit Nirappil | Published: 10/3/2019
The District of Columbia’s ethics agency mishandled a whistleblower complaint and has repeatedly failed to respond to city workers seeking guidance regarding ethics, according to a new report by city Auditor Kathy Patterson. The report found the Board of Ethics and Governmental Accountability failed to investigate a 2018 complaint from a whistleblower alleging city officials improperly steered millions of dollars to an affordable-housing developer with political connections, despite repeated attempts by the whistleblower and referrals from others in city government. The mishandling of the case appeared to be part of a broader pattern of dysfunction at the ethics board, Patterson wrote.
West Virginia – Supreme Court Won’t Intervene Over West Virginia Justices
AP News – John Raby | Published: 10/7/2019
The U.S. Supreme Court said it will leave in place a court decision that derailed the impeachment trials of three West Virginia Supreme Court justices accused of corruption. The case the high court declined to review was a decision by five acting justices of West Virginia’s highest court who ruled last year that prosecuting then-state Supreme Court Chief Justice Margaret Workman in the Senate would violate the state constitution’s separation of powers clause. The ruling in Workman’s case was later applied to also halt impeachment proceedings against two other justices who have since left the court.
September 27, 2019 •
News You Can Use Digest – September 27, 2019
![News You Can Use Digest – September 27, 2019](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal Convictions Tossed Out Against Ex-Flynn Business Partner AP News – Michael Barakat | Published: 9/24/2019 A federal judge tossed out convictions against a one-time business partner of former national security adviser Michael Flynn who was accused of acting as a […]
National/Federal
Convictions Tossed Out Against Ex-Flynn Business Partner
AP News – Michael Barakat | Published: 9/24/2019
A federal judge tossed out convictions against a one-time business partner of former national security adviser Michael Flynn who was accused of acting as a Turkish foreign agent. U.S. District Court Judge Anthony Trenga ruled the evidence against Bijan Kian was insufficient to sustain a conviction even though a jury convicted him at a trial earlier this year. Trenga had expressed doubts about the government’s case throughout the trial. Trenga also ordered that Kian should be granted a new trial if an appeals court reverses his decision to grant acquittals. Kian was convicted on a conspiracy count and a count of acting as an unregistered agent of Turkey. At trial, Kian also presented evidence that he had intended to register under the Foreign Agents Registration Act until a lawyer advised him it was unnecessary in his case.
DNC Raises Threshold to Make November Debate Stage
Politico – Zach Montellaro | Published: 9/23/2019
The Democratic National Committee (DNC) has slightly raised the bar to qualify for the November primary debate. The new thresholds represent the DNC’s latest attempt to balance its mandate to cull the field while also facing complaints about excluding candidates with impressive resumes, including sitting senators and governors, who could not meet the previous, lower polling and donor marks. Even some of the major candidates who have appeared in each of the first three debates have been forced to adjust their strategies to boost their poll numbers or trawl for small-dollar donors on Facebook, often spending multiples more to advertise than the money they received in return.
Here’s a Business Plan: Wooing millennials to the polls with prizes, not guilt
The Fulcrom – Bill Theobald | Published: 9/25/2019
Traditionally, voter registration and turnout drives go right for the moral argument. Registering to vote and going to the polls is your obligation in a democracy, the organizers say. But the relatively poor turnout through the years argues for a different approach. Armed with their millennials’ native knowledge of social media, an understanding of behavioral economics from their graduate work as well as their own research, graduate school classmates Jess Riegel and Rachel Konowitz put together a business plan particularly focused on getting younger people to vote.
Justice Department Drops Probe of Mueller-Referred Lobbyists, They Say
San Francisco Chronicle – Tom Hamburger and Matt Zapotosky (Washington Post) | Published: 9/24/2019
A long-running U.S. Justice Department investigation of two of Washington, D.C.’s best-known lobbyists was closed, the latest sign of the challenges facing prosecutors attempting to more aggressively pursue possible violations of the Foreign Agents Registration Act. Tony Podesta and Vin Weber said they were notified that federal prosecutors in Manhattan had closed the inquiry into work they did that benefited Ukrainian interests. As the investigation proceeded, Podesta closed his iconic lobbying firm, the Podesta Group. Weber left Mercury, a firm he had helped lead since 2011.
Koch-Linked Nonprofit Must Disclose Donors, Settlement Mandates
Bloomberg Government – Kenneth Doyle | Published: 9/19/2019
In a settlement with the FEC, the now-defunct Americans for Job Security (AJS) said it should have registered as a regulated PAC beginning in 2010 because it spent most of its money to influence elections. Such PACs must disclose their donors, unlike nonprofits that say they are mainly interested in policy issues rather than campaigns. While AJS acknowledged it had violated campaign finance law, the FEC said it would not seek an immediate fine because of the group’s defunct status and the long period of time since the spending occurred. The FEC approved the settlement before the departure of Commissioner Matthew Petersen, which left the agency without a four-member quorum to approve enforcement actions.
Pelosi Announces Impeachment Inquiry, Says Trump’s Courting of Foreign Political Help Is a ‘Betrayal of National Security’
MSN – Rachael Bade, Mike DeBonis, and Karoun Demirjian (Washington Post) | Published: 9/24/2019
House Speaker Nancy Pelosi took the extraordinary step of initiating impeachment proceedings against President Trump, accusing him of violating the Constitution in seeking help from a foreign leader to damage a political opponent. Pelosi’s move came after Trump acknowledged he urged the Ukrainian president to investigate former Vice President Joe Biden, a contender for the Democratic presidential nomination who holds a wide lead over Trump, polls show, in a potential general election matchup. The revelation prompted a rush of moderate House Democrats to call for an impeachment inquiry into Trump, a step they had resisted for months. The confrontation between the Democratic-led House and Trump is likely to further divide a polarized nation ahead of the 2020 election while carrying implications for both parties.
Politicians and Pundits Used to Refrain from Publicly Attacking Kids. Not Anymore.
Stamford Advocate – Hannah Natanson (Washington Post) | Published: 9/24/2019
Greta Thunberg is “mentally ill.” Emma González is a “skinhead lesbian.” David Hogg is “a special kind of stupid.” These may sound like playground taunts, but they are not: All are epithets applied by politicians, pundits, or political elites (adults) to the young leaders of global movements against climate change and gun violence. Thunberg is 16, and González and Hogg are in their late teens. This kind of rhetoric, experts say, is the hallmark of a new era of American political discourse: one that allows, even encourages, vitriolic verbal abuse of children and teenagers.
Trump’s Other Ukraine Problem: New concern about his business
Washington Post – Jonathan O’Connell and David Fahrenthold | Published: 9/26/2019
Buried in the controversy over President Trump’s phone call with Ukrainian President Volodymyr Zelensky was an effort by the Ukrainian leader at currying favor with Trump through his business. “Actually, last time I traveled to the United States, I stayed in New York near Central Park, and I stayed at the Trump Tower,” Zelensky told Trump, according to a rough transcript of the July 25 call. Zelensky’s comments mark the first known example of an interaction Democrats and ethics experts warned about when Trump took office: that foreign leaders would try to influence Trump by spending money at his properties and telling him about it.
Whistleblower Claimed Trump Abused His Office and That White House Officials Tried to Cover It Up
Portland Press Herald – Matt Zapotosky, Carol Leonnig, and Devlin Barrett (Washington Post) | Published: 9/26/2019
An intelligence community whistleblower raised alarms that President Trump used his office to pressure a foreign government to influence the 2020 U.S. election and his staff orchestrated a cover-up to keep details of a telephone call with Ukraine President Volodymyr Zelensky off normal channels. In the call, Trump pressed Zelensky to investigate Joe Biden and Biden’s son Hunter. Trump offered to enlist U.S. Attorney General William Barr’s help in that effort. While the whistleblower’s primary concern is the president’s phone call with Zelensky, it is clear from the document that its author also was troubled by what appeared then to be a four-month pattern of election season misconduct involving the president, his personal lawyer, Rudolph Giuliani, and White House aides who sought to keep the whole thing quiet.
From the States and Municipalities
Alaska – Ben Stevens Once Left the Alaska Senate in Disgrace. Now He’s Gov. Dunleavy’s Top Deputy.
Alaska Public Media – Nathaniel Herz | Published: 9/25/2019
Former Alaska Senate President Ben Stevens has been out of the public eye for a decade after he decided against running for re-election amid an ethics controversy that grew into bribery allegations against him. He was investigated by four federal agencies but was never charged with a crime. In December, Stevens was hired as a policy advisor to Gov. Mike Dunleavy. Then, in July, Dunleavy made Stevens his chief of staff, making him one of the most powerful unelected officials in the state. Stevens’ rise to an influential, public role revives some of the questions raised by Legislature’s 2006 corruption scandal, like the allegations by two former oil industry executives who said their company paid him bribes when he was a senator.
Arizona – Federal Judge Hears Arguments in Challenge to Initiative Law
Arizona Capitol Times – Howard Fischer (Capitol News Services) | Published: 9/25/2019
An attorney for the state asked a federal judge to uphold a law that challengers say is designed to make it more difficult for people to propose their own laws. Arizona Assistant Attorney General Joseph La Rue acknowledged the measure requires a judge to throw out all the signatures of paid or out-of-state circulators of initiative petitions if that person does not respond to a subpoena, regardless of whether the signatures gathered are actually valid. La Rue argued, however, that restriction is necessary to protect the integrity of the election process. U.S. District Court Judge Susan Bolton questioned why, if such automatic disqualification is necessary, that same provision does not apply when initiative signatures are collected by volunteers who are Arizona residents.
Arkansas – Lobbyist Fined $50 Over Late Reports
Arkansas Democrat-Gazette; Staff – | Published: 9/24/2019
Lobbyist Keith Emis was fined $50 and issued a public letter of caution by the Arkansas Ethics Commission in a settlement of a complaint filed against him. February is the only month in this three-month period in which Emis reported lobbyist expenses on his reports. Emis said he contracts with another accounting firm to file his reports with the state and there was some type of communication problem between the firm and the secretary of state’s website.
California – Commissioner Enjoyed Fine Dining, ‘Relationship Building’ with Insurance Executives Before Donations, Action in Their Favor
San Diego Union Tribune – Jeff McDonald | Published: 9/19/2019
Following Ricardo Lara’s swearing in as California insurance commissioner, Eric Serna, a New Mexico lobbyist who more than a decade ago resigned in disgrace as that state’s most senior insurance regulator, began turning up at meetings between the new insurance chief and industry executives. The second meeting between Lara and Serna included the proposed buyer and seller of Applied Underwriters, a workers’ compensation insurer that has been the subject of dozens of complaints. The pending sale requires the approval of the California insurance commissioner. The meetings raise questions about Lara’s statements in July, when he said he was unaware that donors with ties to Applied Underwriters had contributed some $54,000 to his campaign. After The San Diego Union-Tribune disclosed the donations, Lara issued a statement apologizing for what he called an oversight and pledged to return the contributions.
California – Judge Blocks California Law Requiring Trump Tax Returns
Courthouse News Service – Nick Cahill | Published: 9/19/2019
Delivering a legal win for President Trump, a federal judge temporarily barred California from enforcing a law enacted to force the president to release his tax returns in order to appear on the state’s upcoming primary ballot. U.S. District Court Judge Morrison England Jr. said he is concerned the statute could overstep federal ethics laws regarding candidates’ financial disclosures and granted Trump and the Republican National Committee’s motion for preliminary injunction. The sides are fighting over first-of-its-kind legislation that requires presidential and gubernatorial candidates to release at least five years of recent tax returns in order to land on the state’s primary ballot. State Democrats want to force Trump’s hand and give California voters access to his tax returns before the February primary.
Florida – Orlando Airport Board, Facing Criticism, Reverses Course on No-Bid Lawyer Contracts
Orlando Sentinel – Beth Kassab and Jason Garcia | Published: 9/18/2019
The board that controls Orlando International Airport backed down from a plan to give no-bid contracts to new lawyers. The Greater Orlando Aviation Authority scrapped a controversial proposal to name a pair of law firms to serve as co-general counsel for the next six months. Instead, they agreed to solicit proposals from any law firms interested in the temporary job, with plans to pick the new lawyers in November. “I do believe the process was flawed,” Orange County Mayor Jerry Demings said.
Florida – Sen. Farmer Says There Is No Conflict of Interest Over His Relationship with Lobbyist
Orlando Sentinel – Gary Roher | Published: 9/19/2019
Florida Sen. Gary Farmer, slated to be Democratic leader after the 2020 elections, said he has not broken any laws or Senate rules by engaging in a relationship with a lobbyist and dismissed any notion of a conflict-of-interest. “Look at my voting record and compare it to her clients before you do any kind of story,” Farmer said in an interview with The Orlando Sentinel. Farmer told some colleagues he has begun a relationship with Andreina Figueroa, a lobbyist for several clients, including the Florida Justice Association, a trial lawyer group Farmer used to lead. Figueroa also has ties to the Miami-Dade GOP, and Farmer is in charge of Senate Democratic campaign efforts for the 2020 election.
Florida – Shiver’s Checkered Past Includes Role as FBI Informant in Opa-locka Corruption Case
Miami Herald – Jay Weaver | Published: 9/24/2019
Homestead mayoral candidate Steve Shiver’s résumé has had many highs (past commissioner of Homestead, Miami-Dade County manager) and many lows (personal and business bankruptcies, unproven allegations of drug use). But there is one thing no one would have seen until now: “FBI confidential informant.” The FBI tapped him for that part when he was hired as city manager by Opa-locka, a notoriously corrupt city, in 2015. As an FBI source, Shiver had to keep quit when he was publicly accused by a local contractor of soliciting a $150,000 bribe. The contractor’s allegation against Shiver turned out to be false, part of an FBI sting operation. Shiver is hoping the revelation of his role as a confidential source will help his bid for Homestead mayor.
Illinois – Federal Agents Raid Springfield, Cicero Offices of Illinois Sen. Martin Sandoval, Says Source
Chicago Tribune – Jason Meisner, Jaime Muncks, and Ray Long | Published: 9/24/2019
Federal agents raided the Springfield and Cicero offices of Illinois Sen. Martin Sandoval as part of an ongoing criminal investigation, according to a source. The exact nature of the investigation was not disclosed. The raids on Sandoval’s offices come amid ongoing corruption probes at Chicago City Hall. Several allies of House Speaker Michael Madigan have also come under scrutiny in recent months. Sandoval, who chairs the Senate Transportation Committee, has worked with Madigan over the years on a variety of legislative issues.
Maryland – Hogan Raising ‘Dark’ Money to Boost His Agenda, Stop Costly Education Plan
Connecticut Post – Erin Cox (Washington Post) | Published: 9/19/2019
Maryland Gov. Larry Hogan is launching a campaign to oppose Democratic policy initiatives in the state. Hogan asked supporters to donate to his new super PAC to fund the lobbying and public relations efforts. Campaign finance watchdogs said the governor’s solicitation illustrates a troubling trend that has escalated over the past decade, as public officeholders find methods to raise unlimited money – some from undisclosed donors – in ways often prohibited for traditional candidate committees. Entities similar to Hogan’s caused political trouble for District of Columbia Mayor Muriel Bowser in 2015 and New York City Mayor Bill de Blasio this year, after transparency advocates said the fundraising activity can blur ethical boundaries.
Massachusetts – House Approves Campaign Finance Reporting, OCPF Changes
MassLive.com – Matt Murphy (State House News Service) | Published: 9/25/2019
A bill overhauling campaign finance rules for legislative candidates passed the Massachusetts House. While many Republicans cheered the proposed switch to a reporting system that would require more frequent disclosures of campaign fundraising and spending, GOP leaders objected to changes in the way the director of the Office of Campaign and Political Finance (OCPF) is chosen. House Bill 4087 would create a new commission in charge of hiring the director of OCPF that would no longer include the chairs of the Democratic and Republican parties. OCPF Director Michael Sullivan was reappointed to new six-year term last November, but there is speculation that he may soon retire. “This is an obvious power play to eliminate any say that the minority party has when it comes to selecting the next OCPF director,” said state GOP Chairperson Jim Lyons.
Massachusetts – Sen. Jo Comerford Bill Would Ban Use of Public or Campaign Funds for Sexual Harassment Payouts
MassLive.com – Katie Lannan (State House News Service) | Published: 9/18/2019
A bill sponsored by Massachusetts Sen. Jo Comerford would prohibit elected officials in the state from using public or campaign funds to pay settlements or fines in sexual assault or harassment cases. In cases where an official is unable to pay with private funds, a public entity could use its money to cover the claim or settlement. The official would need to reimburse the entity, potentially by having portions of their salary withheld. Comerford was elected last year after a successful write-in campaign for the seat last held by former Senate President Stan Rosenberg, who resigned after an Ethics Committee report criticized his conduct in connection with sexual assault and harassment allegations against his husband, Bryon Hefner.
Michigan – Ex-Detroit Official Sent to Prison in Demolition Scandal
Detroit News – Robert Snell | Published: 9/23/2019
A city official who received as much as $26,500 in bribes from a contractor while rigging bids to tear down homes in Detroit’s federally funded demolition program was sentenced to one year in federal prison. The sentence for Aradondo Haskins represents the latest fallout from a corruption scandal clouding Detroit Mayor Mike Duggan’s program to rehabilitate the post-bankrupt city. Haskins is one of two people convicted of a pattern of corruption involving demolition contractors and dozens of secret payoffs. The corruption undermined the integrity of an unprecedented plan to remove thousands of dangerous, blighted structures in a city decimated by the Great Recession, prosecutors said.
Michigan – Lobbyists Spend Big on Food and Drink for State Lawmakers in 2019
MLive.com – Alyssa Burr | Published: 9/26/2019
Michigan lawmakers have consumed $540,637 worth of lobbyist-funded food and drink in the first seven months of 2019, a new report says. Craig Mauger, executive director of the Michigan Campaign Finance Network who put out the report, said lobbyists’ main strategy is to build relationships with lawmakers. “A lot of these meals take place like that. … It’s about talking about policies that are maybe before these lawmakers,” said Mauger. The lobbying law does not require lobbyists to tie all of their food and drink purchases directly to specific officeholders. Lobbyists only have to disclose which lawmakers they buy food for if they spend more than $62 in a month on an individual officeholder or more than $375 in a year on an individual officeholder.
Missouri – Ferguson Mayor Candidate Nabbed – Again – for Spending Campaign Cash on Himself
St. Louis Post-Dispatch – Kurt Erickson | Published: 9/24/2019
Former Missouri Rep. Courtney Curtis, who is running to be mayor of Ferguson, used his campaign account like a personal piggy bank, spending money on visits to spas, hotels, and concert events, state ethics regulators said. Curtis, who has had multiple run-ins with the state Ethics Commission over his campaign accounts, was fined more than $77,000 by the panel for a variety of alleged transgressions, including spending money from his account on gas and hotels while also receiving daily expense reimbursements from the state during his time as a House member. Curtis’ fine could be waived if he pays $7,750 and stays in compliance with state law for two years, the commission said.
Montana – Campaign Contribution Limits Go Up in Montana
The Missoulian – Holly Michels | Published: 9/23/2019
Campaign contribution limits are going up in Montana following an adjustment to match inflation required under state law. The new caps took effect September 21. Contributions made before that were subject to the older limits, but those who have already given money can donate again up to the new limit. The increases are slight: the amount an individual person can give to a campaign for governor rose from $710 to $680 per election, for example.
Nebraska – Prosecutors Drop 1 Charge Against UNL Researcher Accused of Defacing Republicans’ Signs, Office Door
Omaha World-Herald – Rick Ruggles | Published: 9/24/2019
Prosecutors have dropped one of two vandalism charges against a researcher at the University of Nebraska-Lincoln accused of defacing U.S. Rep. Jeff Fortenberry’s campaign. Patricia Wonch Hill was accused of putting “googly eyes” on some campaign signs that promoted Fortenberry. At least one of the signs had been altered so it read “Fartenberry.” The charge associated with the Fortenberry allegation was dropped. The remaining charge against Wonch Hill is an allegation she put stickers on state Sen. Deb Fischer’s office door in Lincoln. Wonch Hill has denied that.
New York – De Blasio to Developers: Donate to my nonprofit. $125,000 came
ENM News – Jeffrey Mayes (New York Times) | Published: 9/20/2019
The Joint Commission on Public Ethics (JCOPE) announced it reached settlements with three developers to pay a combined $65,000 for potential violations of New York’s lobbying law. The regulations preclude lobbyists and their clients from “giving gifts to a public official or to third parties on behalf of or at the designation or recommendation of a public official,” according to JCOPE. All three companies had hired lobbyists to influence New York City at the same time they donated money to Mayor Bill de Blasio’s political nonprofit group, the Campaign for One New York. The organization was used to support de Blasio’s political agenda. According to a report from the New York City Department of Investigation, the mayor and his intermediaries solicited donations from individuals and companies with business before the city.
New York – Trump Lawyers Argue He Cannot Be Criminally Investigated
MSN – Michael Gold (New York Times) | Published: 9/18/2019
Lawyers for President Trump argued he cannot be criminally investigated while in office as they sought to block a subpoena from state prosecutors in Manhattan demanding eight years of his tax returns. Taking a broad position that the lawyers acknowledged had not been tested, the president’s legal team argued in the complaint that the Constitution effectively makes sitting presidents immune from all criminal inquiries until they leave the White House. The lawsuit was filed in response to a subpoena issued to Trump’s accounting firm. The subpoena sought eight years of the president’s personal and corporate tax returns as the office investigates the role Trump and his family business played in hush-money payments made in the run-up to the 2016 presidential election.
North Carolina – Duke Energy PAC Donations, Refunds Spark Complaint
WRAL – Travis Fain | Published: 9/18/2019
A campaign finance watchdog filed a complaint against Duke Energy’s PAC, arguing more than $40,000 in now-refunded campaign donations to key North Carolina legislators were illegal contributions. The donations caught Bob Hall’s eye because the checks were logged just before the start of this year’s legislative session, then refunded in the following weeks and months. Most of the campaign involved said Duke’s PAC asked for the refunds. In some cases, they said, they were not entirely sure why. A company spokesperson said it was a timing issue: The checks were printed in December but given out in January because the PAC had already hit campaign contribution limits for the 2018 election cycle. Hall accused the company of making excess donations in 2018, then hiding it.
North Dakota – Extent of North Dakota Ethics Commission’s Authority Already Questioned
Grand Forks Herald – Jack Dura (Bismarck Tribune) | Published: 9/22/2019
Without any rules or even office space yet, North Dakota’s new Ethics Commission is already facing questions of how far its authority might extend, including a query about oilfield spills. The panel has not yet begun crafting rules related to transparency, corruption, elections, and lobbying. Commissioners say such rules will help guide their actions and decision-making as to investigations of complaints. For now, the board is working to address office and staffing details. One major item for its next agenda likely will be to outline apparent conflicts in constitutional and statutory language related to the board’s duties and definitions, such as confidentiality of complaints permitted by the constitution but not allowed by state law. The board might eventually request an attorney general opinion.
Oklahoma – Oklahoma Legislator Rents Apartment from Energy Lobbyist
The Oklahoman – Carmen Forman | Published: 9/23/2019
Oklahoma Rep. Kevin Wallace, chairperson of the House Appropriations Committee, rented an apartment from lobbyist OGE Energy lobbyist Ken Miller during the legislative session and in other months when Wallace had to be at or near the Capitol for meetings and other events. The arrangement between Wallace and Miller is not illegal, nor does it violate state ethics rules. But it gives the appearance that a special interest group may have outsized influence over legislative actions, said Beth Rotman of Common Cause. “When you have powerful policymakers literally sharing living space with people whose paid role it is to influence policy, things look way too cozy,” said Rotman.
Oregon – Case Closed: In Oregon campaign investigations, ‘I did not’ is all it takes
Portland Oregonian – Rob Davis | Published: 9/17/2019
When Oregon’s election watchdogs investigate potential violations of campaign laws, critics say they take a lackadaisical approach to ferreting out wrongdoing. The state’s weak enforcement gives powerful politicians and their financial supporters an easy out, even when they admit to behavior that may have violated state law. Steve Trout, the Oregon elections director, defended the state’s oversight of campaign finance laws. “Is it 100 percent rock solid? No,” Trout said. “Is it close? Yeah. We have to make decisions based on resources and priorities on how close to 100 percent we get.”
Pennsylvania – Philly Voting Machine Vendor Engaged in Years-Long Effort to Win Contract, City Watchdog’s Investigation Finds
Philadelphia Inquirer – Jonathan Lai | Published: 9/25/2019
Election Systems and Software (ES&S), the vendor that won a $29 million contract to supply Philadelphia with new voting machines, engaged in a years-long effort to lobby elections officials, who then rushed an opaque process that was biased toward that company, City Controller Rebecca Rhynhart said. ES&S spent more than $428,000 since January 2014 in lobbying efforts, the investigation found. Rhynhart said the findings raise questions about the process and whether election commissioners acted ethically when they chose ES&S’ touchscreen ExpressVote XL machines to be used beginning this November.
Rhode Island – Former Providence City Councilman Released from Court After Ethics Fine Paid
Providence Journal – Madeline List | Published: 9/25/2019
Constables with the Rhode Island Division of Sheriffs brought former Providence City Councilperson Luis Aponte into court after he was found in contempt for failure to appear to pay a debt owed to the state Ethics Commission. Aponte was released after “a woman showed up with cash” and paid the $1,623 fine, said Paul Grimaldi, spokesperson for the Department of Revenue. Aponte resigned from the council this summer after pleading no contest to embezzling $13,942 from his campaign account.
Tennessee – Former Davidson County Chancellor Bill Young Selected to Oversee Watchdog Agencies
The Tennessean – Joel Ebert | Published: 9/24/2019
Former Nashville Chancellor Bill Young was selected to serve as the next director of the Tennessee Bureau of Ethics and Campaign Finance. Young, who twice served in the state attorney general’s office, was chosen to succeed Drew Rawlins, who retired earlier this year, by members of the state Ethics Commission and the Registry of Election Finance. Janet Williams has served in an interim role since Rawlins’ retirement. Several of the candidates for the job talked in their interviews about the need for the watchdog groups to revamp their website, continue collecting civil penalties assessed against candidates and public officials, and the importance of having the registry begin holding its meetings throughout the state.
Virginia – Millions of Dollars Are Missing. The Sheriff Is Dead. A Small Virginia Town Wants Answers.
MSN – Antonio Olivo (Washington Post) | Published: 9/24/2019
A corruption probe involving current and former public officials resulted in 14 indictments in Warren County, Virginia – including all five county supervisors. The charges resulted from an investigation into the financial dealings of the Front Royal-Warren County Economic Development Authority. It has been alleged that at least $21 million has been embezzled in Warren County. The money was discovered missing last March and led to the authority suing its former executive director, Jennifer McDonald, and former Warren County Sheriff Daniel McEathron, who resigned and then committed suicide after McDonald’s arrest. Critics say the scandal reflects the perils of weak oversight in quasi-public economic development agencies.
Virginia – Virginia Senator Says She Never OK’d Ad Vowing to ‘Shoot Down’ Anti-Gun
Connecticut Post – Laura Vozzella (Washington Post) | Published: 9/23/2019
Virginia Sen. Amanda Chase blamed her digital advertising firm, the Prosper Group, for a political ad that shows her vowing to “shoot down” anti-gun activists, releasing a recorded phone conversation she said backs up her claim. A gun rights champion who caused a stir this year by wearing a gun on her hip on the Senate floor, Chase is running for a second term in November. In a recent Facebook ad, she is pictured pointing a gun. “I’m not afraid to shoot down gun groups,” it reads. “SIGN my petition to help end the assault on our liberties.” The backlash was swift, with local and national gun-control groups accusing her of threatening violence against them. The Prosper Group said the campaign had signed off on “shoot down” language for the “website landing page” that accompanies the ad, where supporters can sign a petition.
Washington – Food-Makers Fight Record Fine in Washington GMO Case
Capital Press – Don Jenkins | Published: 9/23/2019
The Washington Supreme Court will hear arguments on whether the Grocery Manufacturers Association (GMA) violated state election law by not naming the companies that spent $11 million to defeat a genetically modified-labeling initiative in 2013. The court also will decide whether to uphold the largest-ever fine levied in the U.S. for a campaign finance violation: $6 million. The GMA argues lower courts were insensitive to internet-fueled reprisals that businesses face. By funneling campaign contributions through an umbrella organization, food-makers preserved their right to band together and take political stands, according to the GMA. The association collected the money and reported itself as the donor.
Washington DC – Why a D.C. Lawmaker Under Investigation Votes on His Own Probe and Discipline
Washington Post – Fernit Nirappil | Published: 9/18/2019
The District of Columbia Council, frustrated by roadblocks in its investigation of possible ethics violations by member Jack Evans, voted to allow city officials to ask a court to compel the lawmaker’s private clients to cooperate. The lone dissenting vote was cast by Evans. It was one of several votes taken by Evans that have pertained to investigations of his conduct in office. The idea of recusal was never broached by Evans or his colleagues on the council during the recent vote. Council rules give lawmakers discretion to decide when to sit out votes. But critics say Evans had an obvious conflict.
Wyoming – Wyoming Is Looking to Close a Campaign Finance Loophole. But It May Not Matter.
Casper Star Tribune – Nick Reynolds | Published: 9/21/2019
Wyoming lawmakers are patching the loopholes that were revealed during the 2018 mid-term election, assembling a reform package ahead of the upcoming legislative session. Among the proposed reforms is a bill intended to close a loophole in the state’s campaign finance law which, previously, allowed corporations and nonprofits to contribute funds or services to campaign committees or PACs who “directly coordinate with a candidate or a candidate’s campaign committee.” This suggestion would knock down a piece of low-hanging fruit that should, if passed into law, create an explicit barrier between politicians and the private sector. But campaign finance experts say the law, while well-intended, does little to obstruct the use of special interest funding to influence the outcome of state elections. Not because the statute itself is a bad law, but because of the lack of any means to enforce it independently.
September 20, 2019 •
News You Can Use Digest – September 20, 2019
![News You Can Use Digest – September 20, 2019](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal Amazon to Start Voice-Controlled Donations to 2020 Presidential Campaigns Houston Chronicle – Michelle Ye Hee Lee (Washington Post) | Published: 9/18/2019 Starting in October, customers will be able to donate to presidential campaigns through Amazon’s Alexa. The latest evolution in […]
National/Federal
Amazon to Start Voice-Controlled Donations to 2020 Presidential Campaigns
Houston Chronicle – Michelle Ye Hee Lee (Washington Post) | Published: 9/18/2019
Starting in October, customers will be able to donate to presidential campaigns through Amazon’s Alexa. The latest evolution in campaign technology raises new questions about how such contributions will be screened to make sure they are legal. It also points to challenges federal regulators face in keeping up with such innovations without a functioning FEC, which lost its voting quorum recently. Amazon will not report directly to the FEC or make donor information public, said company spokesperson Kerry Hall. Instead, it will provide to campaigns the donors’ name, email address, and physical address. Federal regulations allow commercial vendors to process contributions for campaigns as long as they meet certain requirements.
Andrew Yang Said He Would Give 10 People $1,000 Each Month. Is That Legal?
MSN – Matt Stevens (New York Times) | Published: 9/13/2019
Unlike earlier, when Democratic presidential candidate Andrew Yang paid what he calls “freedom dividends” out of his own pocket to three families, his advisers said the money to provide every American adult with $1,000 a month would be funded by campaign donations, raising questions about whether such a giveaway violates election law. To differentiate campaign expenses from personal ones, regulators must determine whether the expense would exist if the candidate were not running for office. Yang’s campaign said the planned payments would pass legal muster because they would not exist if not for the campaign. But FEC rules specify the personal use of campaign funds by “any person” is prohibited. And the families that would receive $12,000 over the course of a year from Yang would almost certainly spend the extra money on such expenses, which experts said could be problematic.
Appeals Court Revives Foreign Corruption Suit Against Trump
Politico – Josh Gerstein | Published: 9/13/2019
A federal appeals court resurrected the first lawsuit Trump faced over claims his business dealings violated the Constitution’s foreign emoluments clause, which bars federal officials receiving payments from foreign governments. A panel of the Second Circuit Court of Appeals ruled a District Court judge erred in 2017 when he dismissed a lawsuit challenging profits Trump has received from foreign officials doing business with his Washington, D.C. luxury hotel and other Trump-branded properties. The suit also took issue with Trump Organization licensing arrangements approved by foreign governments. The judge who originally dismissed the suit said the plaintiffs’ claims of harm were too speculative and remote to let it go forward. The appeals court said the case was a viable one on the grounds of so-called competitor standing.
Bid to Unmask Dark Money Donor Lands in DC Circuit
Courthouse News Service – Megan Mineiro | Published: 9/13/2019
The U.S. Court of Appeals for the District of Columbia Circuit heard arguments in a lengthy legal battle entangling federal courts over the issue of so-called dark money campaign contributions. For the second time, a three-judge panel in Washington took up a case in which the U.S. Supreme Court last year allowed a lower court decision forcing Crossroads Grassroots Policy Strategies to disclose donors to take effect. The original complaint by Citizens for Responsibility and Ethics in Washington (CREW) claimed Crossroads GPS sidestepped campaign finance laws by not disclosing the name of an anonymous donor who contributed millions of dollars at a fundraising event to then-Ohio Treasurer Josh Mandel’s campaign for the U.S. Senate. After the FEC denied CREW’s complaint, the group sued the agency, arguing it had ignored Congress’ mandate with the regulation that allowed Crossroads GPS to maintain donor secrecy.
Elaine Chao Investigated by House Panel for Possible Conflicts
ENM News – Eric Lipton and Michael Forsythe (New York Times) | Published: 9/16/2019
The House Oversight and Reform Committee asked Transportation Secretary Elaine Chao to turn over documents related to communication with her family’s shipping company. The request relates to actions Chao has taken that potentially benefited Foremost Group, a New York-based shipping company owned by her family. Foremost has received hundreds of millions of dollars in loan commitments from a bank run by the Chinese government to help build ships that Foremost has purchased from government-owned shipyards there. The actions by Chao, including joint public appearances since she became transportation secretary with her father, who founded the company, and a planned trip to China to meet with government officials there, have led House investigators to question if she is using her office to try to benefit her family’s financial interests.
Elizabeth Warren’s K Street Overhaul
Roll Call – Kate Ackley | Published: 9/17/2019
Democratic presidential candidate Elizabeth Warren announced a new set of proposals aimed at curbing the “revolving door” between business and government. She would prohibit members of Congress and other top officials from ever becoming lobbyists and would expand waiting periods to at least two years for lower-level officials. Warren would also prohibit lobbyists from donating to political campaigns or from fundraising on their behalf and would abolish the current threshold for when someone must register to lobby. Her plan also would prohibit lobbying activities on behalf of foreign governments, something that is now standard practice on K Street.
Inaction on Kavanaugh Allegations Reignites Political Rancor
Laredo Morning Times – Seung Min Kim (Washington Post) | Published: 9/16/2019
Days before Brett Kavanaugh was confirmed to the Supreme Court, U.S. Sen. Christopher Coons sent a letter to the FBI, urging “appropriate follow up” on new information he believed was relevant to sexual misconduct allegations made against the nominee. Then, apparently, not much happened. Not at the FBI, which did not interview the person whom the senator referred to the bureau. Not in the office of then-Judiciary Committee Chairperson Charles Grassley, which was copied on the letter. And not among Democrats, several of whom had been unaware of the information until a New York Times report detailed a new alleged incident involving Kavanaugh. That inaction has renewed a debate about how his confirmation was handled, angering Democrats about a process they felt was rushed and animating Republicans who decried what they viewed as attempts to assassinate Kavanaugh’s character.
Lobbyist Registry May Become Available This Week
Weekly Journal – Giovanna Garolfalo | Published: 9/18/2019
The Puerto Rico Department of Justice is expected to launch its digital platform to register lobbyists soon. The move would come more than two months after then-Gov. Ricardo Rosselló signed an executive order to create a lobbyist registry and establish the “code of total transparency” for all agency heads within the executive branch. The executive order states that any individual who is carrying out lobbying activities must register and submit an affidavit that includes information about their clients in any government agency; the business or businesses in which they participate; and the list of people for which they are performing lobbying activities, among other provisions.
Trump Outpaces Obama, Bush in Naming Ex-Lobbyists to Cabinet
AP News – Richard Lardner | Published: 9/17/2019
In less than three years, President Trump has named more former lobbyists to Cabinet-level posts than his most recent predecessors did in eight, putting a substantial amount of oversight in the hands of people with ties to the industries they are regulating. Instead of staring down “the unholy alliance of lobbyists and donors and special interests” as Trump recently declared, the influence industry has flourished during his administration. The review was limited to the Trump, Obama, and George W. Bush administrations because prior to 1995 there was no central database of federal lobbying registrations and the law was hazy about who was supposed to register.
Canada
Canada – Third Incident of Canadian PM Justin Trudeau in Racist Makeup Emerges
Grand Forks Herald – Amanda Coletta, Hannah Knowles, and Reis Thebault (Washington Post) | Published: 9/19/2019
A third incident of Canadian Prime Minister Justin Trudeau appearing in racist makeup emerged hours after he apologized for wearing brownface at an Arabian Nights-themed party and blackface at a high school performance. The succession of revelations rocked Trudeau’s campaign as he faces a tough battle for a second term. Trudeau apologized after Time magazine published a yearbook photograph taken in 2001, when he was a teacher at West Point Grey Academy in Vancouver. It depicts the then-29-year-old smiling while wearing a feathered turban, his face darkened. Trudeau also admitted to wearing blackface in high school while singing the song “Day-O” at a talent show.
From the States and Municipalities
Alaska – Insurance-Focused Political Group Fined $5,500 After Decade of Failed Disclosure
Anchorage Daily News – James Brooks | Published: 9/18/2019
The Alaska Public Offices Commission (APOC) voted to fine an insurance-focused PAC $5,500 to settle a complaint it failed to register with the commission for more than a decade and for two years accepted contributions that violated state law. According to the settlement agreement, INSURPAC of Alaska failed to file campaign disclosure reports between 2005 and 2017. In 2015 and 2018, it received contributions that violated the $500 per-person annual cap. The violations were discovered after INSURPAC voluntarily disclosed them to APOC.
Arizona – Ballot Proposal Seeks to Block Lawmakers from Voting on Issues They Benefit From
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 9/17/2019
A new initiative proposal in Arizona seeks to block state lawmakers from proposing and voting on measures that could benefit themselves and family members. Paperwork filed with the secretary of state’s office would make it illegal for legislators to take any action on measure in which they or a relative have a “direct and substantial financial interest.” That is defined to mean any financial benefit that is not shared by at least a significant portion of the general public. There are conflict-of-interest restrictions on lawmakers currently. But that has generally been defined as a “rule of 10,” meaning there is no legal conflict if the legislation affects at least 10 people.
California – Politics Is a Swamp, but California and Washington Get High Marks for Their Ethics Enforcers
Sacramento Bee – Andrew Sheeler | Published: 9/12/2019
California’s state ethics agency is among the most transparent in the nation, while Washington’s agencies have mixed reviews. The Coalition for Integrity released its annual S.W.A.M.P. index, this year rating states by the transparency of their ethics agencies. It is a follow up to the 2018 report, which ranked states by the scope and independence of their ethics agencies, including enforcement power. In the 2019 report, California ranked third in the nation. Washington state earned mixed marks, putting it tied for sixth in the nation overall.
Delaware – Supreme Court Says Judges Are Above Politics. It May Hear a Case Testing That View.
ENM News – Adam Liptak (New York Times) | Published: 9/16/2019
U.S. Supreme Court justices insist politics plays no role in their decision making. But their voting patterns and the partisan confirmation battles for seats on the high court tell a different story. The debate over the role politics plays in judging is mostly theoretical. But a petition filed by Delaware Gov. John Carney Jr. makes it concrete. It asks the justices to consider whether states may take account of the political affiliations of judges to try to achieve something like ideological balance on their courts. The Delaware Constitution says judges affiliated with any one political party can make up no more than a “bare majority” on the state’s highest courts, with the remaining seats reserved for judges affiliated with the “other major political party.” James Adams, a retired lawyer and registered independent, challenged the balancing provision, saying it violated the First Amendment.
Florida – Ron DeSantis’ Political Team Planned $25K Golf Games, $250K ‘Intimate Gatherings,’ Memos Say
Tampa Bay Times – Steve Contorno | Published: 9/12/2019
Paying for access to powerful politicians is hardly new. President Clinton famously allowed top donors to stay in the Lincoln Bedroom at the White House during the 1990s. President Trump’s chief of staff Mick Mulvaney once bragged, “If you’re a lobbyist who never gave us money, I didn’t talk to you. If you’re a lobbyist who gave us money, I might talk to you.” But internal documents from Florida Gov. Ron DeSantis’ campaign committee provide a rare peek into the inner workings of the main political operation behind Florida’s top elected official. The memos lay out how DeSantis’ political and gubernatorial staff could work together to meet a personal goal of their boss: Make DeSantis a nationally known political entity.
Illinois – Ethics Board Levels $25K Fine on Political Consultant Recorded Allegedly Arranging Viagra, Sexual Services for Ex-Chicago Alderman
Chicago Tribune – Juan Perez Jr. and Jason Meisner | Published: 9/16/2019
The Chicago Board of Ethics fined political consultant Roberto Caldero $25,000, concluding there was probable cause to believe he “engaged in several acts of unregistered lobbying.” The board cited media reports on a court filing that showed the FBI investigated alleged corruption by former Ald. Daniel Solis. The council member sought Viagra at a massage parlor from Caldero while the consultant was lobbying Solis on a variety of issues. There was no evidence Solis ever paid Caldero for the pills. An affidavit suggested Caldero also offered prostitution services to Solis on several occasions. Officials suggested more fines could be on the way. “We continue to look at this, and as in the past, we have also looked to the employer of unregistered lobbyists and taken action with regard to them,” board Chairperson William Conlon said.
Illinois – Illinois Gaming Board Chair Who Resigned in June Engaged in Prohibited Political Activity While in Charge of Body That Regulates Gambling, Watchdog Finds
Chicago Tribune – Dan Petrella | Published: 9/18/2019
Don Tracy, who resigned as chairperson of the Illinois Gaming Board shortly before his term was up this summer, engaged in prohibited political activity while head of the body that regulates gambling, according a report from a state watchdog. Tracy made “loans and contributions either directly, or through his wife, to political committees” in violation of state law, the Office of Executive Inspector General said in a May 31 report that was not released until a few days ago. Tracy, whose term was set to expire July 1, resigned in mid-June, just before Gov. J.B. Pritzker signed into law a gambling expansion to be overseen by the Gaming Board. The inspector general’s office recommended Pritzker “take whatever action he deems appropriate,” but Tracy said the governor’s office never requested or demanded his resignation.
Kentucky – Jury Finds Jerry Lundergan and Dale Emmons Guilty of Campaign Finance Crimes
Louisville Courier-Journal – Joe Sonka | Published: 9/12/2019
A jury found Jerry Lundergan guilty on all 10 felony counts in the federal case accusing him of conspiring to conceal illegal corporate donations from his company to the U.S. Senate campaign of his daughter, Kentucky Secretary of State Alison Lundergan Grimes. The jury also found co-defendant Dale Emmons, a consultant paid by Lundergan’s company to provide services for Grimes’ campaign, guilty on all six felony counts. Defense attorneys for Lundergan and Emmons argued the two made innocent mistakes during that campaign and did not knowingly violate campaign finance laws, which would need to be proven in order for there to be a conspiracy.
Maryland – PAC Operator Pleads Guilty to Fraud
Politico – Maggie Severns and Derek Willis | Published: 9/18/2019
In one of the first Justice Department cases of its kind, Maryland political consultant Kelley Rogers pled guilty to wire fraud for operating multiple fraudulent PACs that raised money from donors for conservative causes but kept much of the funds for Rogers and his associates. A Politico and ProPublica story detailed how one of Rogers’ PACs, Conservative Majority Fund, took information it had collected about donors for the American Conservative Union, the operators of the annual CPAC conference, and used that information to build a PAC that preyed on those donors’ fears. While promising to fight Barack Obama and illegal immigration, internal emails and documents showed Rogers and his associates instead funneled the money back to themselves.
Massachusetts – Former State Police Union President, Lobbyist Indicted on Federal Charges
Boston Globe – Andrea Estes, Matt Rocheleau, and Danny McDonald | Published: 9/13/2019
Dana Pullman, the embattled former president of the Massachusetts State Police union, was indicted on a host of federal charges, including racketeering and conspiracy. Pullman was arrested in August and accused of taking kickbacks from the union’s former lobbyist and using union money for personal expenses including meals, travel, flowers, and gifts for a girlfriend. The lobbyist, Anne Lynch, was also arrested, accused of paying Pullman thousands of dollars in kickbacks for steering business to her firm. A federal grand jury broadened the charges, adding new tax fraud counts and a third alleged kickback scheme. Lynch allegedly paid two checks for a total of $11,250 to Pullman’s wife, allegedly for his help connecting a union lawyer with Lynch. The lawyer was seeking a marijuana dispensary license.
Michigan – Former State Rep. Todd Courser Gets Probation in Case Related to 2015 Sex Scandal
MLive.com – Julie Mack | Published: 9/16/2019
Former Michigan Rep. Todd Courser was sentenced to 12 months of probation in a criminal case stemming from a 2015 sex scandal involving his extramarital affair with then-state Rep. Cindy Gamrat. Courser agreed to a deal in which he pleaded no contest to willful neglect of duty by a public officer. The misconduct involves soliciting a state employee to send out a false email. To cover up the affair, Courser asked an aide to share an email containing outlandish allegations against him so that rumors of his affair with Gamrat would pale in comparison and not be believed.
Mississippi – Mississippi AG Investigates His Rival in Governor’s Race
The Hill – Reid Wilson | Published: 9/18/2019
Mississippi Attorney General Jim Hood, one of the last remaining Democrats holding statewide office in the Deep South, faces Lt. Gov. Tate Reeves in the battle to replace Gov. Phil Bryant. The campaign has been acrimonious since the beginning. But Hood added a new wrinkle when he released the results of a yearlong investigation into Reeves’s role in building a state-funded road connecting Reeves’s neighborhood with a nearby shopping center. The report is heavy on inference and light on conclusions. It suggests Reeves violated a provision of the state constitution meant to prevent conflicts-of-interest but in a separate report, former state Supreme Court Justice David Chandler said he did not see any evidence of wrongdoing. Reeves’s campaign and watchdogs cried foul over Hood’s report, which landed seven weeks before voters head to the polls.
Missouri – Page Signs Orders to Boost Ethical Standards of St. Louis County Executive Office
St. Louis Public Radio – Jason Rosenbaum | Published: 9/18/2019
St. Louis County Executive Sam Page signed executive orders aimed at beefing up ethics regulations. It is part of Page’s continued response to his predecessor Steve Stenger’s resignation and impending incarceration on corruption charges. The executive orders encourage disclosing public documents that are subject to open records requests and institute a code of ethics for county executive appointees. Page says appointees who do not report instances of corruption could face termination. He also wants the county council to pass a bill stopping bidders from contacting county officials while the contracting process is underway. He has dubbed that idea the “cone of silence” legislation.
Montana – Republican Lawmaker from Missoula Settles Lawsuit over Bullock Ethics Complaint
The Missoulian – David Erickson | Published: 9/18/2019
The Office of the Commissioner of Political Practices agreed to pay Montana House Majority Leader Brad Tschida almost $75,000 for attorney’s fees related to a lawsuit he filed to strike down a law keeping ethics complaints confidential. Matthew Monforton, Tschida’s attorney, said his client purposely waited until just a few months before the election to file a complaint involving Gov. Steve Bullock over an incident that happened two years prior. But then-Commissioner of Political Practices Jonathan Motl said the complaint must be kept confidential until his office ruled on its merit. The Ninth U.S. Circuit Court of Appeals struck down the law that required any ethics complaints made against a state official to be kept confidential, ruling it violated free-speech rights.
New Jersey – Murphy-Linked ‘Dark Money’ Group Reveals Donors
Burlington County Times – David Levinsky | Published: 9/16/2019
A so-called dark money group that has actively sought to build public support for New Jersey Gov. Phil Murphy’s agenda listed its donors ahead of the implementation of a new law that aims to require disclosure by all nonprofit groups engaged in political activities or lobbying. New Direction New Jersey revealed a list of 25 donors who contributed close to $6.8 million to the nonprofit 501(c)4 since its inception in 2017. Most of the money came from unions, including a $4.5 million contribution from Garden State Forward, a super PAC affiliated with the New Jersey Education Association. New Direction was formed by several members of Murphy’s gubernatorial campaign team and the nonprofit has paid for advertising and other media promoting the governor’s agenda.
New Mexico – New State Ethics Panel Selects First Executive Director
Albuquerque Journal – Dan McKay | Published: 9/13/2019
Jeremy Farris, chief legal counsel for the state Department of Finance and Administration, was chosen to be the first executive director of New Mexico’s new ethics agency. he will play a key role in shaping the establishment of the commission, which will handle allegations of wrongdoing against legislators, lobbyists, and others. Farris He and presidential candidate Pete Buttigieg were in the same Rhodes scholarship class and were roommates their second year at Oxford. The salary range for the new executive director is $125,000 to $146,000 a year.
New York – 8 Years of Trump Tax Returns Are Subpoenaed by Manhattan D.A.
MSN – William Rashbaum and Ben Protess (New York Times) | Published: 9/16/2019
State prosecutors in Manhattan subpoenaed President Trump’s accounting firm to demand eight years of his personal and corporate tax returns. The subpoena opens a new front in a wide-ranging effort to obtain copies of the president’s tax returns, which Trump initially said he would make public during the 2016 campaign but has since refused to disclose. The subpoena was issued soon after the Manhattan district attorney’s office opened a criminal investigation into the role the president and his family business played in hush-money payments made in the run-up to the election. Both Trump and his company reimbursed Michael Cohen, the president’s former lawyer and fixer, for money Cohen paid to buy the silence of Stormy Daniels, a pornographic film actress who said she had an affair with Trump.
New York – After Criticism, JCOPE Ramps Up Probe of Alleged Rape Survivor
Albany Times Union – Chris Bragg | Published: 9/12/2019
In the wake of protests at a meeting of the New York Joint Commission on Public Ethics (JCOPE), the panel escalated its probe of alleged rape victim Kat Sullivan for potential lobbying violations. Since the meeting, JCOPE staff told two vendors who aided Sullivan’s effort to pass the Child Victims Act (CVA) they could face subpoenas. JCOPE staff believes Sullivan’s advocacy for the CVA exceeded the spending threshold requiring registration as a lobbyist. Sullivan denies the charge, refuses to register, and faces fines of up to $25,000 per violation. Sullivan’s attorney, David Grandeau, contends JCOPE’s actions since the protests are retribution for embarrassing commissioners. He noted that as far as Sullivan can tell, the panel has taken little action on her case in the preceding three months.
North Dakota – North Dakota Ethics Commission Members Bring Broad Backgrounds to Board
Bismarck Tribune – Jack Dura | Published: 9/16/2019
The Ethics Commission born by voters’ approval of a 2018 initiated constitutional measure held its first, mostly organizational meetings recently in Bismarck. It is scheduled to meet monthly into spring. Its five members live in different parts of the state and have backgrounds that include legal, judicial, and governmental experience. The commission is tasked with investigating complaints against lawmakers, state elected officials, lobbyists, and candidates. It is expected to write its own rules related to lobbying, elections, transparency, and corruption. Leading the panel is Chairperson Ron Goodman, a retired judge who will serve a four-year term.
Ohio – Appearance of Conflict-of-Interest at Issue in Criminal Cases Involving Mayor Frank Jackson’s Grandson, Experts Say
Cleveland Plain Dealer – Adam Ferrise | Published: 9/13/2019
The appearance of conflicts-of-interest exist in the issues surrounding the two criminal cases involving Cleveland Mayor Frank Jackson’s grandson, according to four criminal justice experts. Those experts said there is guidance and general practices for dealing with cases where the appearance of a conflict could erode public trust in the criminal justice system. They said the mere possibility of an appearance of impropriety or special treatment in a case should automatically trigger officials to ask for a special prosecutor or an outside police agency to take over a case. Anomalies surfaced in two recent criminal investigations and how the city law department and police, both ultimately under Jackson’s direction, handled the cases.
Oklahoma – ‘If We Lie to a Legislator, We Are Dead’: Oklahoma lobbyists form association
NonDoc – Tres Savage | Published: 9/18/2019
A veteran of the contract lobbying world, former state Sen. Jim Dunlap is a driving force behind the creation of a new trade group for his profession launched this summer: The Oklahoma Society of Professional Advocates. Dunlap has invited all 400-plus registered lobbyists in Oklahoma to join, but he said the association is hoping to feature about 100 total members. One goal of the group will be to formalize a code of conduct. Dunlap also said the association will attempt to help lobbyists get to know one another better to avoid personal turmoil during the legislative session. Dunlap said a lobbyist’s main job is to “educate” people about complicated subjects, dozens of which are placed before each legislator every year.
Pennsylvania – Pa. Sen. Folmer Resigns Day After Being Charged with Possession of Child Pornography
PennLive – Jan Murphy | Published: 9/18/2019
Facing charges of possession of child pornography, Pennsylvania Sen. Mike Folmer resigned the seat he has held for 12 years. The investigation began in February after the National Center for Missing and Exploited Children received a report from Tumblr that suspected child pornography had been uploaded onto Folmer’s account. Folmer, according to charging documents, told law enforcement officers he had been dealing with personal problems and had received child pornography through his Tumblr blog.
Rhode Island – Lottery No-Bid Contract Roils Rhode Island Politics
The Hill – Reid Wilson | Published: 9/15/2019
A proposal to extend the Rhode Island Lottery’s contract with one of the state’s most significant employers is opening rifts between Democratic Party leaders as industry and watchdog groups cry foul. The state Legislature will hold a series of hearings that will likely shed light on the relationship between the state government and International Gaming Technology (IGT), one of the world’s largest gaming and lottery businesses, and the long process that led to a proposed no-bid contract that would mean hundreds of millions of dollars for the company. The contract has also bled into the political realm because IGT’s former chairperson, Donald Sweitzer, is the treasurer of the Democratic Governors Association (DGA), and a longtime political advisor to Rhode Island Gov. Gina Raimondo, who is chair of the DGA.
Texas – Texas Court Weighs Whether a 5-Year Sentence for Illegal Voting Is Legitimate or a ‘Threat to Democracy’
MSN – Deanna Paul (Washington Post) | Published: 9/11/2019
Crystal Mason was sentenced to five years in prison last year for voting illegally in the 2016 presidential election, a case that garnered national attention both for the severity of the sentence and as an illustration of Texas’s purported crackdown on voter fraud. An appeals court in the state recently weighed whether to overturn her conviction. Mason’s attorneys are arguing she cast a provisional ballot, which federal law permits, and if the state starts to criminalize this, it will undercut the entire system. They called Mason’s prosecution “a threat to democracy.”
Texas – To Rein in Cities, Texas Tries to Ban Their Lobbying
Pew Charitable Trusts – David Montgomery (Stateline) | Published: 9/17/2019
For weeks, local officials and lobbyists watched anxiously as a bill that would have severely restricted lobbying by cities, counties, and other local government entities advanced through the Texas Legislature. The bill died in the House days before the session ended. The legislation would not have affected salaried in-house government affairs employees who advocate for cities and counties. But it would have barred cities and counties from spending money on outside lobbyists. The measure is likely to return when the Legislature reconvenes in 2021, a stark illustration of the widening chasm between conservative state lawmakers and liberal city officials in Texas and many other states.
Texas – VisitDallas: Suite passes don’t have to be reported
Texas Monitor – Steve Miller | Published: 9/17/2019
Dallas’ beleaguered convention and visitors bureau now says the passes to its American Airlines Center suite the agency has given to two city council members since 2016 should not be considered gifts that need to be reported on financial disclosure forms. City Councilperson Casey Thomas, who failed to report six visits to the suite, has acknowledged he should have reported them and filed amended gift disclosures. A panel of the city’s ethics commission ruled a citizen complaint over Thomas’ failure to report the tickets will move forward to be heard by the full panel. A city ordinance requires elected officials to disclose all gifts worth more than $50 they receive from any entity that has a contract with the city. VisitDallas has no role in defining what constitutes a gift in that situation. After accepting the tickets, Thomas participated in council briefings over the future of VisitDallas.
Vermont – In Vermont, ‘Toothless Ethics Agency Serves No Purpose,’ Says New Report
VTDigger.org – Xander Landen | Published: 9/16/2019
Vermont is one of only three states with an independent ethics agency that has “limited or no power” to investigate state officials or impose sanctions, a new report said. The Coalition for Integrity, a nonprofit that promotes government transparency, found Massachusetts, Florida, and Minnesota have the strongest ethics commissions, while Vermont, Virginia, and Utah have the weakest. Vermont’s ethics commission, established in 2017, can review complaints, but does not have the power to investigate or impose sanctions. Commissions in other states can probe unethical behavior, impose fines, and in some cases, take legal action. The coalition said a “toothless ethics agency serves no purpose.”
Washington – Tim Eyman Hit with New Sanctions, Ordered to Disclose Source of Nearly $800K in Donations
Seattle Times – David Gutman | Published: 9/13/2019
After spending more than 18 months refusing to disclose information about his finances and his business in the long-running campaign finance lawsuit against him, anti-tax activist Tim Eyman was hit with further sanctions as a Thurston County judge ruled he must disclose the source of nearly $800,000 in contributions he has collected since 2012. It is the latest in a series of setbacks for Eyman in an investigation that alleges his two-decade career as a serial initiative filer has coincided with a scheme to launder political donations through a complex web of political committees, businesses, and kickbacks to flout campaign finance laws and enrich himself.
Washington DC – Metro Inspector General to Investigate Jack Evans Ethics Probe at Congress’s Request
Washington Post – Robert McCartney | Published: 9/13/2019
The Washington Metropolitan Area Transit Authority’s (Metro) inspector general will investigate the agency’s ethics probe of former board Chairperson Jack Evans at the request of the U.S. House Oversight Committee. The inquiry is expected to look at evidence that Evans and former Metro board member Corbett Price sought to impede the investigation of Evans in the spring by the Metro board’s ethics committee. The probe by Metro Inspector General Geoffrey Cherrington adds yet another investigation to ones already underway into Evans. It appears to ensure that Price’s conduct also will get a closer look. The inquiries focus in part on whether Evans used official positions to help his personal legal and consulting business.
Wyoming – 307 Politics: Debating the merits of a Wyoming ethics commission, Cheney at war and other news
Casper Star Tribune – Nick Reynolds | Published: 9/16/2019
The Coalition for Integrity releases an annual “S.W.A.M.P. Index,” a comprehensive review of which state governments are most susceptible to foul play. The index analyzes how state ethics agencies implement their enforcement and sanctioning powers through enforcement statistics and a comparative scorecard, which ranks states and their ethics agencies “on the transparency and availability of information regarding their enforcement actions.” Wyoming does not make an appearance on the report, with the state standing as one of only five in the country lacking a proper ethics agency. Coalition for Integrity President Shruti Shah warns that patchwork methods of enforcement as in Wyoming can oftentimes be ineffective.
Wyoming – Unannounced Meeting with Lobbying Group Did Not Violate Open Meetings Law, Expert Says
Casper Star Tribune – Nick Reynolds | Published: 9/18/2019
An unannounced meeting between Wyoming lawmakers and a local special interest group held during the recess of a recent committee meeting did not violate any open meetings laws, an expert public records law said. Many who stumbled into the lunch recess of a meeting of the Joint Committee on Corporations, Elections, and Political Subdivisions were caught by surprise to see a quorum assembled and meeting with a special interest group that advocates for a private-sector approach to the housing market and the preservation of private property rights. However bad the optics were, the meeting was appropriate because members of the Wyoming Legislature are exempt from many facets of the law.
June 7, 2019 •
News You Can Use Digest – June 7, 2019
![News You Can Use Digest – June 7, 2019](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal A ‘Bridge’ to China, and Her Family’s Business, in the Trump Cabinet MSN – Michael Forsythe, Eric Lipton, Keith Bradsher, and Sui-Lee Wee (New York Times) | Published: 6/2/2019 Transportation Secretary Elaine Chao has no formal affiliation or stake in […]
National/Federal
A ‘Bridge’ to China, and Her Family’s Business, in the Trump Cabinet
MSN – Michael Forsythe, Eric Lipton, Keith Bradsher, and Sui-Lee Wee (New York Times) | Published: 6/2/2019
Transportation Secretary Elaine Chao has no formal affiliation or stake in her family’s shipping business, Foremost Group, which has deep ties to the economic and political elite in China. But she and her husband, Senate Majority Leader Mitch McConnell, have received millions of dollars in gifts from her father, who ran the company until last year. And McConnell’s re-election campaigns have received more than $1 million in contributions from Chao’s extended family. Over the years, Chao has repeatedly used her connections and celebrity status in China to boost the profile of the company. Now, Chao is the top Trump official overseeing the American shipping industry, which is overshadowed by its Chinese competitors. Her efforts on behalf of the family business have come as Foremost has interacted with the Chinese state to a remarkable degree for an American company.
FEC to Mitt Romney, Michele Bachmann and 48 More Zombie Campaigns: Why are you still here?
Tampa Bay Times – Christopher O’Donnell, Eli Murray, Connie Humburg, and Noah Pransky | Published: 5/31/2019
The FEC demanded explanations from about 50 politicians who are operating zombie campaigns – political committees that keep spending contributions long after the campaign has ended. The agency sent letters to the campaigns asking why their campaign accounts were still open. It flagged specific expenses by at least 17 campaigns and asked them to justify the spending. It is the first action taken by the FEC since it announced in April 2018 that it would start scrutinizing the spending of what it called “dormant” campaigns. Federal law does not allow campaign money to be spent improving politicians’ personal lives.
How Payday Lenders Spent $1 Million at a Trump Resort – and Cashed In
ProPublica – Alice Wilder (WNYC) and Anjali Tsui | Published: 6/4/2019
In March, the payday lending industry held its annual convention at the Trump National Doral hotel outside Miami. A month earlier, Kathleen Kraninger, who had just finished her second month as director of the federal Consumer Financial Protection Bureau, had delivered what the lenders consider an epochal victory: Kraninger announced a proposal to eviscerate a crucial rule that had been passed under her Obama-era predecessor. This year was the second in a row the industry’s trade group, the Community Financial Services Association of America, held its convention at the Doral. In the eight years before 2018, the organization never held an event at a Trump property.
In Need of Cash, Democratic Presidential Hopefuls Turn to Wealthy Donors
MSN – Michelle Ye Hee Lee (Washington Post) | Published: 6/2/2019
Across the Democratic field, presidential candidates are embracing the big donors they distanced themselves from early on – a sign of increasing doubt the small, online donations the campaigns have been chasing will be sufficient to sustain two-dozen primary contenders. Many of the candidates previously had held a handful of high-dollar fundraisers or avoided them altogether, seeking to tap into the populist sentiment that has animated the Democratic base. But after a disappointing fundraising haul in the first quarter of the year, and as the primary drags on with no clear front-runner, many of the candidates are turning their focus to wealthy donors, a strategy that could help keep their campaigns viable but may hamper their ability to connect with base voters.
Liberals Rip Democratic Leaders for Writing Drug Pricing Bill in Secret
The Hill – Peter Sullivan | Published: 6/6/2019
Progressive House Democrats are growing increasingly frustrated with their party’s leadership, accusing them of writing Democrats’ signature bill to lower prescription drug prices in secret and without their input. At issue is a plan Pelosi’s office has been working on for months that would allow Medicare to negotiate drug prices, a top priority for Democrats and one the party stressed in its campaign last year to win back the House. There is now an intense debate within the Democratic caucus over the details of that proposal, with the Progressive Caucus pushing for a bill that it says is stronger because it would strip a company of its monopoly on a drug if the manufacturer refuses to agree to a reasonable price in Medicare negotiations.
Meet the GOP Operatives Who Aim to Smear the 2020 Democrats – but Keep Bungling It
MSN – Manuel Roig-Franzia and Beth Reinhard (Washington Post) | Published: 6/4/2019
Like notorious dirty tricksters before them, Jack Burkman and Jacob Wohl operate in a realm where it matters little whether their outrageous claims against political opponents are proved – they hardly ever are – but only whether they somehow slip into the national consciousness. But today it is a more dangerous game: they operate in an era when notions about truth and fiction have been upended and in which many Americans get their information from self-affirming, partisan silos, making their brand of political cyberwarfare hyper-relevant.
Recent Ex-Members of Congress Head to K Street as ‘Shadow Lobbying’ Escalates
Center for Responsive Politics – Karl Evers-Hillstrom | Published: 5/30/2019
Nearly two dozen former members of the 115th Congress have already found jobs at lobbying firms. Lobbying is a natural next step for recently departed members who spent years cultivating relationships with their colleagues and interest groups. While former members of Congress must wait two years before lobbying their respective chamber’s ex-colleagues, they often engage in so-called shadow lobbying – participating in activities that might be considered lobbying but declining to register under the Lobbying Disclosure Act (LDA). “[The] LDA is nothing more than an honor system,” said Paul Miller, president of the National Institute for Lobbying and Ethics.
Tech Giants Amass a Lobbying Army for an Epic Washington Battle
New York Times – Cecilia Kang and Kenneth Vogel | Published: 6/5/2019
Amazon, Apple, Facebook, and Google have built themselves into some of the largest players on K Street as they confront threats from the Trump administration and both parties on Capitol Hill. Amazon’s expansion has been met with unease over labor conditions and the company’s effect on small businesses. The four companies spent a combined $55 million on lobbying last year. Of the 238 people registered to lobby for the companies in the first three months of this year, both in-house employees and those on contract from lobbying and law firms, about 75 percent formerly served in the government or on political campaigns. Amazon’s Washington office is led by a former Federal Trade Commission official, Brian Huseman. Its roster of contract lobbyists includes three Democratic former members of Congress and two former Justice Department lawyers.
Ted Cruz and Alexandria Ocasio-Cortez Team Up to Ban Lawmakers from Lobbying
National Public Radio – Sasha Ingber | Published: 5/31/2019
Two lawmakers who have often been at odds found common ground in a place that often highlights polarizing opinions: Twitter. That is where U.S. Sen. Ted Cruz and U.S. Rep. Alexandria Ocasio-Cortez vowed to set aside their differences and work on new lobbying restrictions for lawmakers. Now an unlikely coalition is forming around their joint effort. Craig Holman, who lobbies on ethics, campaign finance, and lobbying on behalf of Public Citizen, said it is “heartening” that Cruz and Ocasio-Cortez moved to bridge the deep partisan divide. “I am not sure if Congress will be willing to adopt their proposed lifetime ban, but the sheer fact of a left-and-right agreement that the revolving door is a grave problem that must be addressed is going to move the ball forward,” Holman said.
The Campaign Finance of Women’s Suffrage
WHYY – Kimberly Adams | Published: 6/4/2019
Women’s suffrage took more than seven decades of political struggle and included marches, hunger strikes, and arrests. And, like political campaigns of today, it required a lot of money. While women like Susan B. Anthony and Elizabeth Cady Stanton were on the front lines of the movement, there were other women working behind the scenes to fund it. “We don’t tend to teach about the suffrage movement as a major lobbying force, a major well-funded organization in American political history, but it was,” said Corrine McConnaughy, an associate professor of political science at George Washington University and author of “The Woman Suffrage Movement in America: A Reassessment.”
Trump Resort Revenue Has Gone Up After Presidential Visits
Politico – Anita Kumar | Published: 6/6/2019
President Trump’s week-long trip to Europe included a tour of his own businesses. Trump traveled to his luxury resort on Ireland’s west coast for a visit that brought world-wide publicity and increased security to the location, and, if past trends hold, more revenue. The president’s trip to Trump International Golf Links in Doonbeg, Ireland has once again led to criticisms that he is using his office to make money for his own business. It marks the second time he has visited one of his properties outside the United States since he was sworn into office. “U.S. foreign relations should never rise and fall on the financial interests of the president and the ability to promote his own property,” said Noah Bookbinder, executive director of Citizens for Responsibility and Ethics in Washington, which examined his financial disclosures.
Trump Urges Customers to Drop AT&T to Punish CNN Over Its Coverage of Him
Portland Press Herald – Craig Timberg, Taylor Telford, and Josh Dawsey (Washington Post) | Published: 6/3/2019
President Trump called for a boycott of AT&T, the corporate owner of CNN, saying the network paints a “false picture” of the U.S. The comment, which Trump tweeted in response to seeing CNN coverage while traveling during a European tour, fueled criticisms the president was using his power inappropriately to intimidate critics. Historians struggled to cite an equivalent threat even from presidents such as Richard Nixon renowned for their hostility toward the press. Less democratic nations with more tenuous press freedoms often use government regulatory power, criminal investigations or tax audits to punish news organizations seen as providing unflattering coverage, but past U.S. presidents rarely have taken such public shots at the businesses of the owners of major American news organizations, historians said.
From the States and Municipalities
Alabama – Dunkin’ Donuts Owner Accuses Ethics Commission Investigator of Abuse of Power
Montgomery Advertiser – Kirsten Fiscus | Published: 5/31/2019
When Damon Dunn received notification of a discrimination complaint against his Dunkin’ Donuts store, he was concerned at first, then confused, and then angry. It is corporate policy that customer complaints are reviewed and handled in a timely manner, but the majority of those are disgruntled customers upset about a long wait time or food prepared incorrectly. Byron Butler, a man Dunn would learn is an investigator with the Alabama Ethics Commission, accused the store of charging black customers more for extra pumps of coffee flavoring known as “swirl” at the restaurant, a claim that Dunn says is unfounded. Butler told an employee he was an investigator and took a verbal statement from her about the charging practices. The employee, who is 18, thought she would face legal trouble if she did not talk with him.
Florida – Lawmakers Call for Probe of NRA Lobbyist Marion Hammer’s Failure to Disclose Payments
Miami Herald – Samantha Gross | Published: 5/30/2019
Some Democratic lawmakers in Florida are calling for an investigation into whether prominent National Rifle Association (NRA) lobbyist Marion Hammer violated state law by failing to disclose payments from her organization while lobbying on NRA priorities like banning the sale of bump stocks. According to Florida law, non-employee lobbyists for both legislative and executive branches are required to register and disclose their total compensation. Hammer is not an in-house lobbyist for the NRA, and therefore is required under law to submit a compensation report for each quarter during which she was registered to lobby. The Florida Bulldog reported Hammer failed to file any compensation reports with state since at least 2007.
Florida – Top City Law Firm Broke County Lobbying Rules
Fort Myers News-Press – Bill Smith | Published: 5/31/2019
One of the region’s biggest law firms is among several business interests that did not meet required deadlines for registering as lobbyists, Lee County’s inspector general said in an investigative report. Henderson, Franklin, Starnes & Holt, a Fort Myers based law firm; John Gucciardi, a consultant to Fort Myers Beach developer TPI Hospitality; and Waldrop Engineering each missed filing deadline. Waldrop went seven years without filing the statement. It has since filed registrations for its employees.
Georgia – Abrams Probe Highlights Wide Reach of State Ethics Commission
Georgia Public Broadcasting – Stephan Fowler | Published: 6/5/2019
Lawyers for former gubernatorial candidate Stacey Abrams say the Georgia Government Transparency and Campaign Finance Commission did not follow its own rules in an investigation of her 2018 campaign. The commission alleges illegal coordination between the Abrams campaign and four outside organizations. The campaign argued the ethics panel failed to follow its rules for opening an inquiry and sharing probable cause for the allegations. But according to state law, the commission is following the rules. Rick Thompson, a former executive secretary of the commission, said in terms of procedure, the subpoenas are above board. The full scope of the probe will not be made clear until it is put before a meeting of the full commission.
Illinois – Ald. Edward Burke Indicted on Expanded Federal Racketeering, Bribery Charges
Chicago Tribune – Jason Meisner, Todd Lighty, and Gregory Pratt | Published: 5/30/2019
Chicago Ald. Edward Burke was meeting with a fellow alderman in October 2017 when he allegedly expressed his displeasure over the way developers of the old main Chicago post office had so far failed to throw any business to Burke’s private law firm. “As far as I’m concerned, they can go f— themselves,” Burke told Ald. Daniel Solis, who was secretly recording the conversation. The conversation is at the center of a 14-count indictment outlining a series of alleged schemes in which prosecutors say Burke abused his City Hall clout to extort private legal work from companies and individuals doing business with the city. Also charge Burke in attempting to shake down two businesspeople seeking to renovate a Burger King restaurant in the ward.
Kentucky – Appellate Court Upholds State Ban of Gifts, Money to Kentucky Lawmakers
Lexington Herald-Leader – Jack Brammer | Published: 5/30/2019
A federal appeals court upheld a Kentucky law that prohibit lobbyists from giving gifts to state legislators or donating to their campaigns. The ruling by the U.S. Sixth Circuit Court of Appeals reversed a ruling by U.S. District Court Judge William Bertelsman, who struck down the bans, ruling Kentucky’s laws burdened “core political speech” and curtailed freedom of association. The appeals court reversed the ruling and said the measures “enacted to prevent corruption and protect citizens’ trust in their elected officials, comport with the Constitution.”
Massachusetts – Convicted of Corruption, DiMasi Now Wants to Be a Lobbyist. The State Has Other Ideas
Boston Globe – Matt Sout and Andrea Estes | Published: 6/5/2019
Massachusetts Secretary of State William Galvin’s office rejected former state House Speaker Salvatore DiMasi’s application to become a lobbyist just days after he registered to lobby both the Legislature and executive branch. DiMasi appealed and is due to appear before an administrative hearing officer. His attempt at entering the lucrative industry came after he completed his supervised release following his conviction on corruption charges. DiMasi argued that because lawmakers did not include any of the specific federal statutes on which he was convicted into the state law, he should not be prohibited from registering. Laurie Flynn, Galvin’s chief legal counsel, argued DiMasi’s criminal record includes “conduct in violation” of state lobbying and ethics laws, which automatically bars him from lobbying for 10 years after his conviction, or until June 2021.
Michigan – Emails Show MDOT Let Lobbyist Steer Report on Gravel Shortage for Michigan Roads
Detroit Free Press – Paul Egan | Published: 6/6/2019
When Michigan gravel companies wanting to open or expand a mine are opposed by neighbors objecting to the noise and dust, they point to a 2016 consultant’s study, commissioned by the Michigan Department of Transportation (MDOT), that says the state is running out of gravel to rebuild its busted roads. But in fact, the Michigan Aggregates Association (MAA) – the lobbying organization for the sand and gravel industry, which is pushing for legislation that would severely restrict the ability of local governments to deny permits for new or expanded gravel mines – was behind the study, records show. The MAA recommended the consultant MDOT hired, set out the scope of work and how to price the study, and even spelled out the expected findings. The group also had a role in initiating the study.
Missouri – Free Acupuncture and Eye Exams for Lawmakers Are No-Nos, Missouri Ethics Commission Says
St. Louis Post-Dispatch – Jack Suntrup | Published: 6/3/2019
Two opinions from the Missouri Ethics Commission, which read as lists of dos-and-don’ts for lawmakers and their employees, were issued in response to questions following the passage of Amendment 1 last year. One of the provisions of what is known as “Clean Missouri” limits lobbyist gifts to five dollars. Accepting engraved plaques worth more than five dollars from lobbyists or organizations that lobby is prohibited, the commission said. It also said lawmakers should avoid free use of conference rooms owned by organizations that retain lobbyists. The opinion outlines a number of other scenarios in which lawmakers or their staffs may face ethical dilemmas.
New Jersey – Murphy Officials ‘Seriously Mishandled’ Katie Brennan Assault Allegation, Inquiry Finds
Bergen Record – Dustin Racioppi | Published: 6/5/2019
New Jersey Gov. Phil Murphy’s staff “seriously mishandled” a sexual assault claim by not investigating it and not telling Murphy before the hiring of the alleged assailant – details of which remain a mystery – for a top position, a legislative inquiry has found. The report by the Select Oversight Committee chronicles a series of missteps made by some of the highest-ranking officials in Murphy’s orbit in response to the allegation, made by former campaign volunteer Katie Brennan, and calls into question the “competence and culture of state government as a whole.” Brennan, now a housing official in the administration, had accused Al Alvarez, a former Murphy aide, of sexually assaulting her during the 2017 campaign. Alvarez was not charged and has denied the allegation.
New York – Nassau County Implements New Ethics Rules
Newsday – Candice Ferrette | Published: 6/5/2019
Nassau County Executive Laura Curran signed new rules for county vendors, including a ban on gifts to county procurement officials, aimed at stemming contracting abuses that were central to federal corruption cases involving prominent local officials. Under the new Vendor Code of Ethics, county employees involved with contracting cannot accept gifts “of any kind” from vendors, “no matter how small.” Contractors also cannot discuss or offer jobs to county employees involved with procurement or to their family members. Under the new rules, vendors will be required to certify they have read and accepted the terms of the ethics code and have distributed it to all subcontractors and suppliers.
Rhode Island – The Providence Mayor Raised Thousands of Dollars for a Nonprofit with Ties to His Campaign, Then He Reimbursed Himself from Its Coffers
Boston Globe – Dan McGowan | Published: 6/6/2019
Providence Mayor Jorge Elorza raised hundreds of thousands of dollars for a nonprofit organization with close ties to his political campaign and one that later reimbursed him and other high-ranking city employees for travel expenses to conferences all over the country. Now, the practice of soliciting donations for the Providence Tourism Fund – often from law firms and other companies that have contracts with the city – has come under fire from watchdogs who say Elorza is sidestepping Rhode Island’s strict campaign finance laws so he can collect unlimited amounts of money from corporations. Elorza did not create the fund. It was established in 2009 to raise money for a national conference that was held in Providence, but he has been far more aggressive about using it for travel than his predecessors.
May 31, 2019 •
News You Can Use Digest – May 31, 2019
![News You Can Use Digest – May 31, 2019](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal A Hefty Donation to Trump’s Inaugural Comes Under Scrutiny AP News – Richard Laudner | Published: 5/27/2019 Real estate mogul Franklin Haney contributed $1 million to President Trump’s inaugural committee and all he has to show for the money is […]
National/Federal
A Hefty Donation to Trump’s Inaugural Comes Under Scrutiny
AP News – Richard Laudner | Published: 5/27/2019
Real estate mogul Franklin Haney contributed $1 million to President Trump’s inaugural committee and all he has to show for the money is the glare of a federal investigation. The contribution from Haney, a prolific political donor, came as he was seeking regulatory approval and financial support from the government for his bid to acquire the mothballed Bellefonte Nuclear Power Plant in Alabama. More than two years later, he still has not closed the deal. Haney’s donation to the inaugural committee is being scrutinized by federal prosecutors in New York who are investigating the committee’s finances. Their probe is focused in part on whether donors received benefits after making contributions.
Anti-Corruption Group Hits Congress for Ignoring K Street, Capitol Hill ‘Revolving Door’
The Hill – Mike Lillis | Published: 5/29/2019
An international anti-corruption group is criticizing Congress for what it considers an ongoing failure to restrict the “revolving door” between K Street and Capitol Hill. The Group of States Against Corruption, an offshoot of the Council of Europe of which the U.S. is a participant, charged that while Congress has taken steps to restrict influence peddling by sitting lawmakers, it has failed to put similar restrictions on those who migrate to the lobbying world upon leaving office. Watchdogs were quick to pile on, noting Congress has not enacted any new restrictions on the “revolving door” since 2007, when it adopted the Honest Leadership and Open Government Act.
Congressional Panel Calls for Lobbying Disclosure Reforms
The Hill – Alex Gangitano | Published: 5/23/2019
A bipartisan select committee is sending Congress a proposal on how to modernize the lobbying disclosure system. The Select Committee on the Modernization of Congress voted on recommendations they said would improve transparency for lobbyists, part of a larger package of congressional reforms the panel approved. The recommendations will be drafted into legislation and sent to the appropriate committees. Primarily it seeks to standardize how the disclosure system files and tracks the names of lobbyists, by giving each lobbyist a unique identifier. In addition, the House Clerk’s office would clarify and simplify the lobbying registration and disclosure process, to make filing the required paperwork easier.
Deceased G.O.P. Strategist’s Hard Drives Reveal New Details on the Census Citizenship Question
New York Times – Michael Wines | Published: 5/30/2019
After Thomas Hofeller died last summer, his daughter found hard drives in his home that revealed he played a crucial role in the Trump administration’s decision to add a citizenship question to the 2020 census. Hofeller was prominent in Republican circles as the architect of partisan political maps that cemented the party’s dominance across the country. Files on those drives showed he wrote a study concluding that adding a citizenship question to the census would allow Republicans to draft even more extreme gerrymandered maps to stymie Democrats. He wrote the key portion of a draft Justice Department letter claiming the question was needed to enforce the Voting Rights Act, the rationale the administration later used to justify its decision. Those documents have emerged only weeks before the U.S. Supreme Court is expected to rule on the legality of the citizenship question.
Emails, Letters Detail Prosecution’s Case against Greg Craig
Politico – Josh Gerstein | Published: 5/29/2019
Federal prosecutors have laid bare more of their most compelling evidence that former White House counsel Gregory Craig lied to and misled authorities about his work for Ukraine, but the newly disclosed proof also highlights one of the most glaring weaknesses in the government’s case. In court filing, prosecutors included copies of internal emails Craig sent to colleagues at his then-law firm Skadden Arps, as well as drafts of a letter he prepared for the Justice Department in response to its request that the firm register as an agent for Ukraine under the Foreign Agents Registration Act. Prosecutors said the letters and emails show Craig crafting a false narrative that understated his involvement in distributing to the media a 2012 report Skadden prepared on the corruption trial of Yulia Tymoshenko.
Faked Pelosi Videos, Slowed to Make Her Appear Drunk, Spread Across Social Media
MSN – Drew Harwell (Washington Post) | Published: 5/24/2019
Distorted videos of House Speaker Nancy Pelosi, altered to make her sound as if she is drunkenly slurring her words, are spreading rapidly across social media, highlighting how political disinformation that clouds public understanding can now grow at the speed of the Web. The video of Pelosi’s onstage at a Center for American Progress event, in which she said President Trump’s refusal to cooperate with congressional investigations was tantamount to a “coverup,” was subtly edited to make her voice sound garbled and warped. It was then circulated widely across Twitter, YouTube, and Facebook. The videos raised concerns about the roles of digital manipulation, misleading videos, and misinformation in politics going forward, particularly in the lead-up to the 2020 election.
FEC Approves Free Cybersecurity for Campaigns Despite Influence Concerns
Lewiston Sun Journal – Joseph Marks (Washington Post) | Published: 5/23/2019
The FEC gave the go-ahead to a nonprofit organization seeking to offer free cybersecurity services to political campaigns, upending rules that typically consider such free services illegal campaign contributions. The agency’s reasoning was that it ordinarily bans such services due to the possibility people might try to cash in on political favors later. But in this case, the risk of Russian and Chinese hackers running roughshod over the 2020 elections is far worse. The nonprofit Defending Digital Campaigns, which made the appeal, now plans to run cybersecurity boot camps for staffers on presidential and congressional campaigns.
Freshman Lashes Out After House Ethics Rules Bar Promoting Bone Marrow Drive
Roll Call – Katherine Tully McManus | Published: 5/29/2019
U.S. Rep. Katie Porter learned recently that one of her constituents, Liyna Anwar, needed help finding a donor in her fight against myeloid leukemia. After her aides reached out to the House ethics committee, Porter learned she could not promote any of the nine bone marrow registry events happening in California on May 31, where Anwar’s possible match could join the database of donors. House rules include a blanket prohibition on lawmakers promoting events held by private entities, including nonprofits. That includes DKMS, an international organization that advocates for more people to register as blood stem cell donors. Now Porter is questioning whether rules designed to prevent misuse of taxpayer dollars need to be reviewed.
‘He Always Brings Them Up’: Trump tries to steer border wall deal to North Dakota firm
MSN – Nick Miroff and Josh Dawsey (Washington Post) | Published: 5/23/2019
President Trump has personally and repeatedly urged the head of the U.S. Army Corps of Engineers to award a border wall contract to a North Dakota construction firm whose top executive is a Republican Party donor and frequent guest on Fox News, according to four administration officials. Fisher sued the U.S. government after the Army Corps did not accept its bid to install barriers along the southern border, a contract potentially worth billions of dollars. Trump has latched on to the company’s public claims that a new design and innovative construction method would vastly speed up the project and deliver it at far less cost to taxpayers. The push for a specific company has alarmed military commanders and Department of Homeland Security officials.
Mueller Suggests Only Congress Can ‘Formally Accuse a Sitting President of Wrongdoing’
Anchorage Daily News – Matt Zapotosky, Devlin Barrett, and Felicia Sonmez (Washington Post) | Published: 5/29/2019
Special counsel Robert Mueller reiterated that his office could not clear President Trump of obstructing justice, asserting in his first public remarks about his investigation that federal prosecutors cannot accuse a president of a crime. Mueller, who noted he was closing his office and formally resigning from the Justice Department, said he hoped the news conference would be his last public comments and if he were compelled to testify before Congress, he would not speak beyond what he wrote in his report. He also said while Justice Department policy prohibits charging a sitting president with a crime, the Constitution provides for another process to formally accuse a sitting president of wrongdoing, a clear reference to the ability of Congress to begin impeachment proceedings.
Republicans Spend More Than $4 Million at Trump Properties
The Hill – Reid Wilson | Published: 5/24/2019
Republican candidates and campaign committees have spent more than $4 million at hotel, golf, and other properties that bear President Trump’s name since he was inaugurated in 2017. More than three dozen members of Congress have held fundraisers or spent the night at Trump properties. Watchdogs have raised concerns over the propriety of Trump profiting off businesses as foreign governments and corporate interest groups currying favor in Washington book rooms at Trump hotels. There is nothing in the Constitution that bans a campaign from spending money at a company that benefits a candidate. But those good-government groups say the mixture of business and politics creates a combustible potion. “The behavior itself is corrupting, and it’s creating corruption and the appearance of corruption,” said Meredith McGehee, executive director of Issue One, a group that advocates for ethics in government.
September Debate Rules Could Winnow 2020 Democratic Field
Washington Post – Michael Scherer | Published: 5/29/2019
The Democratic National Committee announced new criteria for the party’s September presidential debate that could dramatically winnow the sprawling field of 23 candidates, raising the stakes on the summer campaign season. To appear in the party’s third debate, candidates will have to earn two percent support in four party-sanctioned polls between late June and August. In addition, they will have to show they have attracted at least 130,000 donors since the start of the campaign, including at least 400 from 20 different states. As the race now stands, only eight candidates in the field would meet the two percent threshold in recent party-sanctioned polls. Many are also struggling to reach the donor requirements.
Transportation Secretary Failed to Sever Financial Ties to Construction Company
New York Times – Eric Lipton | Published: 5/28/2019
Transportation Secretary Elaine Chao failed last year to cash out her stock options in one of the nation’s largest suppliers of highway construction materials, despite a promise she had made to do so in a signed ethics agreement when she joined the Trump administration. Chao had served for about two years on the board of directors of the company, Vulcan Materials. She owned this stock because in April 2018 Vulcan paid her for her stock options in the company instead of cash. A Transportation Department official said there was no ethics violation because Chao continued to recuse herself from any agency decisions directly related to the company. Vulcan is mentioned as one of the stocks that would benefit from any big increase in federal infrastructure spending.
From the States and Municipalities
Arizona – Chevron Executive Is Secretly Pushing Anti-Electric Car Effort in Arizona
Arizona Republic – Ryan Randazzo | Published: 5/28/2019
A California lobbyist for Chevron Corp. is urging retirees of the oil company in Arizona to oppose electric-car policies there, saying the vehicles are too expensive for most people and should not be promoted. A handful of people who either retired from Chevron or from Unocal, which Chevron acquired in 2005, have used the form letter to urge Arizona Corporation Commissioners not to require electric companies here to build electric-car charging stations. Form letters are commonly used to lobby commissioners, but the secretive nature of this campaign has drawn criticism, including from a retiree who alerted commissioners to the lobbyist’s effort.
Arizona – Hot Mic Captures GOP Lawmakers’ Frustration with Colleagues Over State Budget
Arizona Republic – Rachel Leingang, Lily Altivina, and Yvonne Winget Sanchez | Published: 5/23/2019
Arizona House Republicans were caught on a hot microphone discussing how to penalize two of their colleagues for not going along with the state budget. An audio clip of the meeting features multiple members of the House GOP suggesting bills from two lawmakers not get hearings next year. The clip also suggests some lawmakers could be interested in pursuing an ethics inquiry involving state Sens. Paul Boyer and Heather Carter. “I’ve got kids …. Once you give in and there are no repercussions, you’ve encouraged all kinds of bad behaviors. There has to be repercussions of some kind,” House Ways and Means Committee Chairperson Ben Toma said.
Arkansas – Former Arkansas Senator Case Shows Gray Area in Ethics Rules
Arkansas Democrat-Gazette – Lisa Hammersly | Published: 5/26/2019
As federal prosecutors see it, a series of payments to former Arkansas Sen. Jeremy Hutchinson by former executives of Preferred Family Healthcare constituted bribery. Prosecutors say Hutchinson deposited the money before he filed an amendment to a bill that appeared to benefit the nonprofit. Hutchinson supporters have argued those checks and others like them were lawful compensation for services performed by the Little Rock lawyer outside of his legislative duties. After a string of corruption investigations targeted a half-dozen former state lawmakers, the Legislature has embraced new ethics-related laws. One focus has been a relatively unregulated practice in Arkansas politics: payments by lobbyists and their companies to lawmakers’ businesses, including their law and consulting firms.
Colorado – $120 Million in Requests and $40 Million in the Bank. How an Obscure Theory Helped Prioritize the Colorado Budget.
Colorado Sun – Brian Eason | Published: 5/28/2019
Midway through Colorado’s 2019 legislative session, the appropriations committees in each chamber faced backlogs totaling more than 100 bills carrying a cumulative price tag of more than $120 million. The supporters for each bill were fighting for a piece of the same $40 million that budget writers set aside. The limited pot of money forced unenviable decisions for the Democratic majority with the power to set spending priorities. To find an answer, Democrats attempted a novel approach to public policy: quadratic voting. The obscure economic theory is designed to do what seems impossible at the Capitol – limit the influence of politics and self-interest. The experiment made the Colorado House one of the nation’s first test cases for the theory in the political realm.
Illinois – Illinois Video Gambling Tax Hike Will Be Decided by Lawmakers with Financial Ties to the Industry
ProPublica – Jason Grotto (ProPublica Illinois) and Dan Mihalopoulos (WBEZ) | Published: 5/28/2019
With the Illinois General Assembly poised to consider a tax hike on video gambling, some key lawmakers and their family members have developed previously undisclosed financial connections to the industry, meaning the fate of any proposal could lie in part on votes of legislators with a stake in the outcome. These ties, coupled with campaign donations by the industry, reveal how video gambling operators are building political influence at a time when the state is desperate to identify much-needed revenue to balance the budget. Those operators hope to block a tax increase, pushing instead to raise the maximum bet and increase the number of machines allowed in each location.
Michigan – 50 States of Financial Disclosure: How Michigan stacks up
MLive.com – Lauren Gibbons and Taylor DesOrmeau | Published: 5/24/2019
Michigan is one of two states, and the only one with a full-time Legislature, with no requirement for state public officials to disclose basic financial information, including income sources, business investments, gifts, and travel compensation. The lack of financial disclosure requirements is one?of the biggest?reasons?Michigan ranked last?in a 2015 report that documented several facets of each state’s transparency laws. Although some form of disclosure is required almost everywhere else in the country, how those documents are tracked, enforced, and made accessible to the public vary widely. Experts say having the information available is a good step towards addressing potential conflicts-of-interest and corruption.
Michigan – Michigan Lobbyist for Polluter Wrote Law Easing Toxic Cleanups, Emails Show
Bridge Michigan – Jim Malewitz and Craig Mauger | Published: 5/29/2019
In a single year, a self-described “lawyer-lobbyist” went from working on behalf of a company accused of poisoning groundwater to writing a law that could weaken Michigan’s standards for pollution cleanups. A media investigation found attorney Troy Cummings last year represented Wolverine Worldwide in behind-the-scenes negotiations concerning litigation brought against the company by then-state Attorney General Bill Schuette over contamination from one of the company’s tanneries. At the same time, Cumings was involved with fundraising accounts tied to Schuette, who was running for governor. Emails also show Cumings, a lobbyist from Warner Norcross and Judd, later helped write legislation that makes it more difficult for state environmental regulators to update pollution cleanup standards for hundreds of chemicals.
New York – Connections Can Mean Business for Some Lobbyists, Records Show
Newsday – Michael Gormley | Published: 5/25/2019
Lobbyists and legislators said Bolton-St. Johns, Patrick B. Jenkins & Associates, and the Parkside Group are among what one veteran lobbyist called “the flavors of month” in New York’s $261 million lobbying industry – firms that attract clients and higher fees at least in part because of their relationships with state officials. There always have been a few lobbying firms with such relationships, which can ebb and flow with whomever is in power. But outside the system, there is concern. “It may be that money doesn’t buy politicians, but it certainly buys access and people without money don’t have that access,” said Peter Galie, professor emeritus of political science at Canisius College. “The appearance of power is a form of power.”
New York – ‘So Completely Compromised’: New York watchdog agencies Have a credibility problem
Gotham Gazette – Samar Khurshid | Published: 5/29/2019
Created to monitor the behavior of more than 250,000 public officials and to enforce state lobbying laws, the Joint Commission on Public Ethics (JCOPE) has become the epitome of New York state’s lax ethical oversight, and the agency’s opacity is a source of widespread consternation. As is the case with other watchdog entities, JCOPE must balance the privacy of individuals against its duty to inform the public and instill confidence it is effectively carrying out its work. By design, many of these agencies are not required to inform the public about the complaints they receive or are prohibited from doing so to prevent reputational harm against individuals or entities that may be the subject of a complaint. But good government groups say that must change in order to build trust in institutions, and the public would be better served if agencies provided more transparency about how they handle complaints and report on outcomes of investigations.
Tennessee – How a Large-Scale Effort to Register Black Voters Led to a Crackdown in Tennessee
Tulsa World – Amy Gardner (Washington Post) | Published: 5/24/2019
The Tennessee Black Voter Project took credit for turning in more than 90,000 voter registration applications in 2018. But the surge of forms that landed in the months before Election Day was chaotic and consuming, according to elections officials. Thousands of applications had errors or omissions, they said, and their workers were overwhelmed by the task of verifying all the forms. A new law that takes effect on October 1 will impose fines on groups that employ paid canvassers if they submit incomplete or inaccurate voter registration forms. The fallout is part of a national clash between the two parties over access to the polls – one fueled by efforts on the left to expand the voting pool and new limits backed by Republican lawmakers, who often echo President Trump’s unsubstantiated claims of widespread fraud.
May 24, 2019 •
News You Can Use Digest – May 24, 2019
![News You Can Use Digest – May 24, 2019](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal 9th Circuit Rejects Challenge to Foreign-Donation Ban Politico – Josh Gerstein | Published: 5/16/2019 A federal appeals court rejected a legal challenge to Congress’ ban on most foreign nationals donating to state and local election campaigns. The Ninth Circuit Court […]
National/Federal
9th Circuit Rejects Challenge to Foreign-Donation Ban
Politico – Josh Gerstein | Published: 5/16/2019
A federal appeals court rejected a legal challenge to Congress’ ban on most foreign nationals donating to state and local election campaigns. The Ninth Circuit Court of Appeals upheld the ban, saying a “summary” U.S. Supreme Court ruling in 2012 upholding the foreign-donation prohibition left lower-court judges obliged to turn down all First Amendment challenges to the statute. But that high-court decision, issued without briefs or argument, dealt with a lawsuit focused on federal elections. Critics of the ban have said allowing it to extend into state and local political contests intrudes on the right of states and municipalities to control their own electoral processes.
A Conservative Activist’s Behind-the-Scenes Campaign to Remake the Nation’s Courts
Anchorage Daily News – Robert O’Harrow Jr. and Shawn Boburg (Washington Post) | Published: 5/21/2019
At a time when President Trump and Senate Majority Leader Mitch McConnell are reshaping federal courts by installing conservative judges and Supreme Court justices, few people outside government have more influence over judicial appointments now than Leonard Leo. He is executive vice president of the Federalist Society, a nonprofit group for conservative lawyers that has close ties to Supreme Court justices. Behind the scenes, Leo is the maestro of a network of interlocking nonprofits working on media campaigns and other initiatives to sway lawmakers by generating public support for conservative judges. The story of Leo’s rise shows how undisclosed interests outside of government are harnessing the nation’s nonprofit system to influence judicial appointments that will shape the nation for decades.
Bank CEO Charged with Bribing Manafort for Trump Administration Post
Politico – Natasha Bertrand | Published: 5/23/2019
A Chicago bank executive tried to bribe Trump campaign chairperson Paul Manafort with roughly $16 million in loans after the 2016 election in the hopes of scoring a top administration post, according to a federal indictment. Stephen Calk, then the chief executive officer of the Federal Savings Bank of Chicago, “sought to leverage his control over” Manafort’s proposed loans in order to obtain a senior administration position, said court documents. And Calk approved the loans even though he “was aware of significant red flags regarding” Manafort’s ability to pay back the money. The loans were first mentioned during Manafort’s Virginia prosecution on bank- and tax-fraud charges, when one of Calk’s colleagues described the potential quid pro quo during courtroom testimony.
Cohen Told Lawmakers Trump Attorney Jay Sekulow Encouraged Him to Falsely Claim Moscow Project Ended in January
MSN – Tom Hamburger, Ellen Nakashima, and Karoun Demirjian (Washington Post) | Published: 5/20/2019
Michael Cohen, President Trump’s former personal attorney, told a House panel during closed-door hearings that he had been encouraged by Trump lawyer Jay Sekulow to falsely claim in a 2017 statement to Congress that negotiations to build a Trump Tower in Moscow ended in January 2016. Cohen later admitted discussions on the Moscow tower continued into June of the presidential election year, after it was clear Trump would be the GOP nominee. Cohen’s closed-door testimony led Democrats to press Sekulow and other Trump family lawyers who were involved in a joint defense agreement for more information about work they did preparing Cohen’s statement. The lawyers have so far rebuffed the request, calling it a threat to the protection of communications between lawyers and their clients.
Confidential Draft IRS Memo Says Tax Returns Must Be Given to Congress Unless President Invokes Executive Privilege
MSN – Jeff Stein and Josh Dawsey (Washington Post) | Published: 5/21/2019
A confidential Internal Revenue Service (IRS) legal memorandum says tax returns must be given to Congress unless the president takes the rare step of asserting executive privilege. The memo contradicts the Trump administration’s justification for denying lawmakers’ request for President Trump’s tax returns, exposing fissures in the executive branch. Trump has refused to turn over his tax returns but has not invoked executive privilege. Treasury Secretary Steven Mnuchin has instead denied the returns by arguing there is no legislative purpose for demanding them. The IRS memo says the law “does not allow the Secretary to exercise discretion in disclosing the information provided the statutory conditions are met” and directly rejects the reason Mnuchin has cited for withholding the information.
Congressional Report: Purdue Pharma influenced World Health Organization’s opioid guidelines
Washington Post – Katie Zezima | Published: 5/23/2019
A new congressional report claims the World Health Organization’s (WHO) guidelines on treating pain were directly influenced by the pharmaceutical industry, including a set of directions for prescribing powerful painkillers that appear to have been taken from Purdue Pharma. The investigation points to evidence that drug makers and those who profited from the increased prescribing of opioids aimed to push the WHO into endorsing use of the drugs across the globe. The WHO provides health guidance worldwide. The report alleges wo WHO reports that provide guidelines for treating severe pain, one in adults and the other in children, draw directly from Purdue’s strategies on how to market opioids.
DC Circuit OKs Payment-Plan Rules for Campaign Donors
Courthouse News Service – Brad Katner | Published: 5/21/2019
The U.S. Court of Appeals for the District of Columbia Circuit will keep in place an installment plan for nearly $250,000 bequeathed to the Libertarian Party. When Joseph Shaber died in 2014, he left $235,000 to the Libertarian National Committee, the campaign arm of the party. While federal elections rules permit individuals to give up to $339,000 per year to such entities, that total comes with certain specifications. Shaber’s gift came with no strings attached, but the Libertarian Party says the $33,900 limit on general-expenditure donations forces it to collect the money in installments each year, leaving the rest in an escrow account. The party argued such limits are a violation of free-speech rights and spreading the payments out under the FEC-mandated plan would violate Shaber’s post-mortem wishes. U.S. Circuit Court Judge David Tatel noting Congress created donation limits to avoid political corruption, even in death.
Deutsche Bank Staff Saw Suspicious Activity in Trump and Kushner Accounts
MSN – David Enrich (New York Times) | Published: 5/19/2019
Anti-money-laundering specialists at Deutsche Bank recommended in 2016 and 2017 that multiple transactions involving legal entities controlled by Donald Trump and his son-in-law, Jared Kushner, be reported to a federal financial-crimes watchdog. The transactions, some of which involved Trump’s now-defunct foundation, set off alerts in a computer system designed to detect illicit activity, according to bank employees. Compliance staff members who then reviewed the transactions prepared so-called suspicious activity reports that they believed should be sent to a unit of the Treasury Department that polices financial crimes. But executives at Deutsche Bank, which has lent billions of dollars to the Trump and Kushner companies, rejected their employees’ advice. The reports were never filed with the government.
Elizabeth Warren Decries Big Money in Politics. Her Campaign Treasurer Embodies It.
Center for Responsive Politics – Lateshia Beachum | Published: 5/23/2019
U.S. Sen. Elizabet Warren has rejected traditional sources of campaign money, from PACs to lobbyists, in her bid for the White House. Everyone will have access to her, she says, not just wealthy donors. She has instituted “selfie lines” at rallies, and releases videos of herself personally calling donors who have contributed just a few dollars. But Warren has also selected for her presidential campaign treasurer a man whose contributions run counter to Warren’s statements, among the most emphatic among the more than 20 Democrats running for president, against big money in politics. Dubbed a “personal PAC machine” by The Boston Globe, retired software engineer Paul Egerman has quietly established himself as a key benefactor and rainmaker for Democratic political committees and liberal causes.
EPA Watchdog Suggests Agency Recover $124,000 in Pruitt’s ‘Excessive’ Travel Expenses
San Jose Mercury News – Juliet Eilperin and Brady Dennis (Washington Post) | Published: 5/16/2019
The Environmental Protection Agency (EPA) should consider recovering nearly $124,000 in improper travel expenses by former EPA Administrator Scott Pruitt, the agency’s inspector general recommended. The findings, issued nearly a year after Pruitt resigned amid controversy over his spending, travel, and ties to lobbyists and outside groups, highlight the fiscal impact of his penchant for high-end travel and accommodations. Investigators concluded that 40 trips Pruitt either took or scheduled during a 10-month period were excessive and cost taxpayers $985,037. The “questioned amount” the inspector general’s office identifies for possible recovery is the $123,941 that taxpayers spent on flying both Pruitt and a security agent in first- or business class, instead of coach.
‘It’s Entirely Inappropriate’: Trump shot a political video on Air Force One
MSN – Colby Itkowitz (Washington Post) | Published: 5/17/2019
Seated behind a desk on Air Force One, the presidential seal over his left shoulder, President Trump shot a short video recently, blasting New York City Mayor Bill de Blasio’s entry into the 2020 race. “If you like high taxes and if you like crime, you can vote for him – but most people aren’t into that,” the president said to the camera. Trump’s use of taxpayer-funded transportation to post a political message raises some legal and ethics questions. But possibly the greatest crime, some experts say, is the breakdown of norms.
Judge Orders Public Release of What Michael Flynn Said in Call to Russian Ambassador
MSN – Carol Leonnig and Rosalind Helderman (Washington Post) | Published: 5/16/2019
A federal judge ordered prosecutors to make public a transcript of a phone call that former national security adviser Michael Flynn tried hard to hide with a lie: his conversation with a Russian ambassador in late 2016. U.S. District Court Judge Emmet Sullivan also ordered the government also to provide a public transcript of a November 2017 voice mail involving Flynn. In that sensitive call, President Trump’s attorney left a message for Flynn’s lawyer reminding him of the president’s fondness for Flynn at a time when Flynn was considering cooperating with federal investigators. The transcripts, which the judge ordered be posted on a court website by May 31, would reveal conversations at the center of two major avenues of special counsel Robert Mueller’s investigation into Russian interference in the 2016 election.
Judge Rejects Trump’s Request to Halt Congressional Subpoenas for His Banking Records
MSN – Renae Merle, Michael Kranish, and Felicia Sonmez (Washington Post) | Published: 5/22/2019
A federal judge rejected a request by President Trump to block congressional subpoenas for his banking records, dealing the latest blow to the president in his bid to battle Democratic investigations into his personal finances. The decision in the U.S. District Court for the Southern District of New York could clear the way for Deutsche Bank and Capital One to hand over the president’s financial records to Democrats in the House. Trump’s attorneys could appeal the decision. But U.S. District Court Judge Edgardo Ramos said Trump’s lawsuit was unlikely to succeed.
Judge Rules Against Trump in Fight Over President’s Financial Records
Washington Post – Devlin Barrett, Spencer Hsu, Rachael Bade, and Josh Dawsey | Published: 5/20/2019
President Trump lost an early round of his court fight with Democrats after a federal judge ruled the president’s accounting firm must turn over his financial records to Congress as lawmakers seek to assert their oversight authority. Lawyers for the president are fighting document and witness subpoenas on multiple fronts, and Mehta’s ruling came hours after former White House Counsel Donald McGahn was directed not to appear before a congressional committee seeking testimony about his conversations with Trump. In his decision, Mehta flatly rejected arguments from the president’s lawyers that the House Oversight Committee’s demands for the records from Trump’s accounting firm, Mazars USA, were overly broad and served no legitimate legislative function.
Justin Amash, Tea Party Star, Earns Primary Challenge for Backing Impeachment
Washington Post – Isaac Stanley-Baker | Published: 5/20/2019
U.S. Rep. Justin Amash said President Trump engaged in activity worthy of impeachment, becoming the first Republican on Capitol Hill to break with the party’s line on impeachment. Amash’s announcement on Saturday came after he had finished reading the report prepared by special counsel Robert Mueller, as the lawmaker explained in a lengthy Twitter thread. On Sunday, it prompted an intraparty rival, Michigan Rep. Jim Lower, to declare he would run in the Republican primary next year for Amash’s seat. Amash’s survival may now depend on whether he has cultivated devotion among voters sufficient to override their loyalty to the president.
Women Strive to Close Gender Gap at Biz Groups
The Hill – Alex Gangitano | Published: 5/21/2019
Trade associations have made strides in gender diversity, with more women taking on prominent roles at industry groups. It is a trend advocates are pushing to build on. Women account for 41 percent of the chief executives or executive directors of trade associations. K Street observers are hopeful these trends will continue, especially with a record number of female lawmakers in the current Congress and growing pressure on the influence world to expand its hiring practices.
From the States and Municipalities
California – Brawl Erupts at Convention of Local Politicians, Roils Upscale Resort
Los Angeles Times – Adam Elmahrek, Ruben Vives, and Anh Do | Published: 5/20/2019
A conference of local government officials from California at the Renaissance Indian Wells Resort & Spa erupted into violence over when several attendees began throwing punches, with at least one person apparently knocked unconscious. It was not immediately clear who started the fight, but it involved members of the Commerce City Council and other public officials, according to a written statement from Mayor John Soria and several witnesses. Some witnesses said the melee involved more than seven people and included political consultants, government vendors, and elected officials from the Los Angeles area. One or more women were screaming, the sources said. “It was a hectic scene,” one witness said.
Mississippi – How Mississippi Lawmakers Gave $1.5 Million of Education Money to Weight Watchers
Jackson Clarion-Ledger – Giacomo Bologna | Published: 5/20/2019
Teachers in Mississippi shed pounds thanks to Weight Watchers courses paid mostly with state education money. But the biggest loser was taxpayers. Lawmakers gave Weight Watchers about $300,000 a year from 2011 to 2016, but documents from the Mississippi Department of Education show the voucher program at times needed about half that amount, or less, to operate. Weight Watchers never appeared in any education funding bills and never had a contract with the state. Weight Watchers paid $276,100 to lobbyist Beth Clay between 2010 and 2016. During that time, lawmakers directed nearly $1.5 million to New York-based Weight Watchers through a legislative side door.
Nevada – Where Women Call the Shots
Washington Post – Emily Wax-Thibodeaux | Published: 5/17/2019
Since Nevada seated the nation’s first majority-female state Legislature in January, the male old guard has been shaken up by the perspectives of female lawmakers. Bills prioritizing women’s health and safety have soared to the top of the agenda. Mounting reports of sexual harassment have led one male lawmaker to resign. And policy debates long dominated by men, including prison reform and gun safety, are yielding to female voices. A coordinated campaign of political groups and women’s rights organizations recruited women to run in Nevada. Emerge Nevada, said it trained twice as many female candidates ahead of the 2018 midterm election as it had in the preceding 12 years. Meanwhile, the election of Donald Trump mobilized Democratic women nationwide, including in Nevada, where women already held 40 percent of statehouse seats.
New Jersey – Governor’s Feud with Party Boss Rocks New Jersey Politics
Politico – Ryan Hutchins | Published: 5/21/2019
An intraparty fight among Democrats in New Jersey has turned into an open civil war, pitting the state’s novice governor against an old-school political boss who has ruled for more than two decades, and potentially reordering the political landscape in what has become a national Democratic stronghold. The protagonists are Gov. Phil Murphy, a former Goldman Sachs executive who pledged to clean up state government, and George Norcross, an insurance executive who is the state’s most powerful unelected official. Murphy launched an unprecedented public attack on Norcross, who is among the people targeted by an inquiry into the state’s multi-billion-dollar tax incentive programs. Norcross has responded by opening fire on the governor, breaking his typical silence to compare Murphy to the king of England and call him a “liar” and “politically incompetent.”
New York – A Cuomo Donor’s Nonstop Connections
Albany Times Union – Chris Bragg | Published: 5/19/2019
Beyond being a prolific campaign fundraiser, aviation magnate Adam Katz has himself been one of New York Gov. Andrew Cuomo’s largest campaign donors. Katz has given Cuomo six-figure sums though a wide array of limited liability companies, prompting business rivals to allege he has had undue influence with administration agencies. State records also indicate a more unusual pattern: many people with ties to Katz – lawyers, business associates, an extended family tree – have contributed to Cuomo’s campaign in large, often identical amounts and on the same days. Aside from the gifts to Cuomo, many of those people had never contributed similarly large amounts to New York candidates.
New York – New York Passes Bill Giving Congress a Way to Get Trump’s State Tax Returns
MSN – Jesse McKinley (New York Times) | Published: 5/22/2019
New York lawmakers gave final approval to a bill that would clear a path for Congress to obtain President Trump’s state tax returns, injecting another element into the battle over the president’s refusal to release his taxes. The bill, which is expected to be signed by Gov. Andrew Cuomo, will authorize state tax officials to release the president’s state returns to any one of three congressional committees. The returns – filed in New York, the president’s home state and business headquarters – would likely contain much of the same information as the contested federal returns, though it remained unclear whether congressional committees would use such new power in their investigations.
Oregon – Kate Brown’s Top Aides Went Into Overdrive Doing Campaign-Like Work During Heated Governor’s Race, Records Show
Portland Oregonian – Hillary Borrud | Published: 5/18/2019
Publicly, the governor’s office said there was a bright line drawn between the work of Kate Brown’s campaign, which was explicitly political and focused on her re-election, and the state-paid employees in the governor’s office, who are to administer state business. But newly released records show Brown’s state staff in fact shifted into overdrive during that period to lay out her policy positions and accomplishments on education and other central campaign issues. Her most influential aides orchestrated a series of “white papers” and planned public events designed to show her as someone who had gotten things done and had strong policy views, according to nearly public records.
Tennessee – Tennessee House Speaker Glen Casada to Resign Position After Sexually Charged Texts
USA Today – Joel Ebert and Natalie Allison (The Tennessean) | Published: 5/21/2019
Tennessee House Speaker Glen Casada will resign from his leadership post following a vote of no confidence by his Republican caucus amid a scandal over explicit text messages. His political support began to waver when his former chief of staff, Cade Cothren, was pressured into resigning after the release of racist texts and the sexually explicit messages, and Cothren’s admission that he used cocaine in his legislative office before becoming Casada’s top aide. Casada was included in one of the group texts with a racist message but has said he never saw it. Other allegations continued to pile up, ranging from accusations Casasda spied on legislative members to a colleague’s claim that Casada tried to “rig and predetermine” an ethics review regarding his controversies.
Virginia – Investigators Could Not Determine If Virginia Gov. Ralph Northam Is in Racist Yearbook Photo
Washington Post – Laura Vozzella and Jim Morrison | Published: 5/22/2019
A nearly four-month inquiry into a racist photograph on the medical school yearbook page of Virginia Gov. Ralph Northam was unable to determine whether Northam was in the image – which showed one man dressed in a Ku Klux Klan robe and another in blackface – deepening a mystery that threw the state government into chaos. But the investigation also found no evidence the photo had been mistakenly published in a yearbook section with Northam’s name and other pictures of him alone. The investigators, including a former state attorney general, noted, though, that they could not confirm “the origin” of the image. Northam spoke with investigators twice and told them he was “positive” he was not in the photograph.
Washington – ‘Gray Money’: New Washington law to lift the cloak on PAC funders
Seattle Times – Joseph O’Sullivan | Published: 5/19/2019
Washington’s transparency law has tried to help voters determine funders for PAC ads. On the advertisements, PACs must disclose their top five contributors who meet a certain dollar threshold. That could be an individual or an entity such as a corporation or labor union. But what happens when the donor is another PAC with a generic, soft-focus name? It is a tactic called “gray money” and it is a popular strategy around the nation for shielding the flow of money. Through a series of “nesting doll” PACs, campaigns or political parties can cloak donations by individuals, corporations, industry associations, or labor unions. Now, a measure passed by state lawmakers this year could aid voters by revealing some of the top donors or organizations behind the cryptic groups.
Washington DC – Clients of D.C. Council Member Jack Evans Had Interests Before D.C. Government
Washington Post – Steve Thompson | Published: 5/23/2019
District of Columbia Councilperson Jack Evans, one of the most powerful politicians in the city, has used his legislative position in ways that could benefit clients of his private consulting business, an examination of his record shows. Over several years, Evans has introduced legislation, championed projects and promoted tax incentives connected to his private clients. Some efforts have met with more success than others. Evans is the focus of an investigation by a federal grand jury, which subpoenaed records from the city related to Evans and his constellation of private legal and consulting clients. At least three of these businesses have had interests before the District of Columbia government.
May 10, 2019 •
News You Can Use Digest – May 10, 2019
![News You Can Use Digest – May 10, 2019](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal A Lawsuit About Trump and the NRA Could Upend How the Government Polices Campaign Finance Mother Jones – Nihal Krishan | Published: 5/1/2019 A lawsuit involving the National Rifle Association (NRA) is poised to act as a major test for […]
National/Federal
A Lawsuit About Trump and the NRA Could Upend How the Government Polices Campaign Finance
Mother Jones – Nihal Krishan | Published: 5/1/2019
A lawsuit involving the National Rifle Association (NRA) is poised to act as a major test for the FEC chairperson’s new strategy to force the agency to take more aggressive action to police campaign finance law. Chairperson Ellen Weintraub’s recent statements make it clear she does not plan on voting to defend the FEC in any cases involving delays in action. If she follows through, it would result in the first instance of her utilizing a new strategy to effectively sabotage her own agency in order to enforce campaign finance law, a move that one former FEC lawyer termed the “nuclear option.” It is not exactly clear what will happen in court after Weintraub decides not to use legal resources to defend her agency, but it is likely a judge will force the FEC to act and consider investigating the NRA for potential campaign finance violations.
Biden Faces Dilemma Over K Street Allies
The Hill – Alex Gangitano | Published: 5/3/2019
Former Vice President Joe Biden’s strong support from K Street poses a tough dilemma for his campaign. The influence world is stocked with former aides and supporters who have rallied around his previous bids for president. In this cycle, though, those lobbyist ties, past fundraising from corporate interests, and perceptions that Biden is more favorable to businesses could hurt his bid for the Democratic nomination. Biden has quickly solidified his Democratic front-runner status and focused his attention on President Trump. His campaign has said he will not take money from lobbyists and corporate PACs, but that is unlikely to be enough for progressive groups in the primary who have larger concerns about the candidate.
Desperate Drive to Make the Debate Stage Shakes Dem Campaigns
Politico – Elena Schneider | Published: 5/6/2019
There is a desperate scramble by presidential candidates to make it past a new threshold set by the Democratic National Committee – 65,000 individual donors – to the first primary debates in June and July. The televised debates could be make-or-break showcases, and the requirement has reshaped the strategy of candidates struggling to cross the donor mark. Such is the importance of the debates that some presidential campaigns have decided to prioritize Facebook advertising over hiring staffers in early states. Others noted the rules prioritize chasing viral moments early in the campaign over building traditional vote-getting infrastructure in Iowa and New Hampshire. But defenders of the new rules say they have just forced campaigns to prove they can compete in the 21st century before the election year.
Donald Trump Jr. Is Subpoenaed to Testify to Senate Panel on Russia Contacts
New York Times – Mark Mazzetti and Maggie Haberman | Published: 5/8/2019
The Senate Intelligence Committee has subpoenaed Donald Trump Jr., who met with Russians in June 2016 after being promised political dirt about Hillary Clinton. He is the first of President Trump’s children to be subpoenaed in the continuing congressional investigations into Russia’s 2016 election interference, and the move by the Republican-led committee is a sign some members of the president’s party are not aligned with his desire for a swift end to all of the inquiries. The committee is particularly interested in Trump Jr.’s account of the events surrounding the Trump Tower meeting, as well as his role in his father’s efforts to build a skyscraper in Moscow and comparing the testimony to his previous answers to Senate investigators in 2017.
Driverless Car Industry Luring Federal Safety Brass
Politico – Tanya Snider | Published: 5/5/2019
Driverless car companies are racing to scoop up top federal safety officials to fill out their ranks of advisers and lobbyists, creating worries that the fledgling industry will use its newly acquired influence to shape the coming wave of government regulations. Companies like Uber, Lyft, General Motors and Google’s sibling Waymo have hired a phalanx of current and former Washington officials, including Obama administration Transportation Secretary Anthony Foxx, several highway regulators, and two former chairs of the National Transportation Safety Board, the federal agency that investigates deadly crashes. One notable exception from the trend of self-driving companies hiring federal safety officials is Tesla.
Driverless Car Industry Luring Federal Safety Brass
Politico – Tanya Snider | Published: 5/5/2019
Driverless car companies are racing to scoop up top federal safety officials to fill out their ranks of advisers and lobbyists, creating worries that the fledgling industry will use its newly acquired influence to shape the coming wave of government regulations. Companies like Uber, Lyft, General Motors and Google’s sibling Waymo have hired a phalanx of current and former Washington officials, including Obama administration Transportation Secretary Anthony Foxx, several highway regulators, and two former chairs of the National Transportation Safety Board, the federal agency that investigates deadly crashes. One notable exception from the trend of self-driving companies hiring federal safety officials is Tesla.
Driverless Car Industry Luring Federal Safety Brass
Politico – Tanya Snider | Published: 5/5/2019
Driverless car companies are racing to scoop up top federal safety officials to fill out their ranks of advisers and lobbyists, creating worries that the fledgling industry will use its newly acquired influence to shape the coming wave of government regulations. Companies like Uber, Lyft, General Motors and Google’s sibling Waymo have hired a phalanx of current and former Washington officials, including Obama administration Transportation Secretary Anthony Foxx, several highway regulators, and two former chairs of the National Transportation Safety Board, the federal agency that investigates deadly crashes. One notable exception from the trend of self-driving companies hiring federal safety officials is Tesla.
Drugmakers Will Have to Reveal Medication Prices in TV Ads
AP News – Ricardo Alonso-Saldivar | Published: 5/8/2019
Television ads for prescription drugs will soon reveal prices, Health and Human Services Secretary Alex Azar said, responding to a public outcry for government action to restrain medication costs. Azar said the Trump administration has finalized regulations that will require drug companies to disclose list prices of medications costing more than $35 for a month’s supply. Drug pricing details are expected to appear in text toward the end of commercials, when potential side effects are disclosed. The government is hoping that patients armed with prices will start discussing affordability with their doctors, and gradually that will put pressure on drug makers to keep costs in check.
F.B.I. Sent Investigator Posing as Assistant to Meet with Trump Aide in 2016
MSN – Adam Goldman, Michael Schmidt, and Mark Mazzetti (New York Times) | Published: 5/2/2019
The conversation at a London bar in September 2016 took a strange turn when the woman sitting across from George Papadopoulos, a Donald Trump campaign adviser, asked if the Trump campaign was working with Russia. The woman had set up the meeting to discuss foreign policy issues, but she was a government investigator posing as a research assistant. The FBI sent her to London as part of the counterintelligence inquiry opened that summer to better understand the Trump campaign’s links to Russia. The U.S. government’s affiliation with the woman is one previously unreported detail of an operation that has become a political flash point in the face of accusations by Trump and his allies that American law enforcement and intelligence officials spied on his campaign to undermine his electoral chances.
FDA Approves the First Vaccine for Dengue Fever, but with Major Restrictions
STAT – Helen Branswell | Published: 5/1/2019
The FDA approved the first vaccine against dengue fever, one that protects against a common disease but has generated significant controversy due to evidence it can increase the risk of severe infection in some people. The agency ruled that Dengvaxia can only be used in individuals aged nine to 16 living in parts of the U.S. where the dengue virus is endemic – in other words, where it circulates on an ongoing basis. Dengue is found only in Puerto Rico and a few other offshore territories and protectorates. Furthermore, the vaccine can only be given to children and teens who have had one previous laboratory-confirmed case of dengue. The various restrictions mean the U.S. market for the vaccine is smaller still than the already modest market Sanofi had sought. Still, the company said it was pleased by the FDA’s decision.
Foreign Agents Introduced Ukranian Politician to US Political Figures in Secretive Lobbying Arrangement
Center for Responsive Politics – Anna Massoglia | Published: 5/8/2018
New Foreign Agent Registration Act records reveal foreign agents and lobbyists on the payroll of Livingston Group, a lobbying firm run by former U.S. Rep. Bob Livingston, played a previously unreported role in former Ukrainian Prime Minister Yulia Tymoshenko’s meetings with lawmakers during a December 2018 trip to Washington, D.C. That week, former U.S. Rep.-turned-lobbyist Bob McEwen also quietly introduced Tymoshenko to former New York City Mayor Rudy Giuliani, President Trump’s attorney who joined Trump’s personal legal team amidst special counsel Robert Mueller’s probe into Russian interference in the 2016 election. Giuliani is under scrutiny for his simultaneous “shadow lobbying” operations for foreign clients, including Ukrainian interests.
House Panel Approves Contempt for Barr After Trump Claims Privilege Over Full Mueller Report
MSN – Nicholas Fandos (New York Times) | Published: 5/8/2019
The House Judiciary Committee voted to recommend the House hold Attorney General William Barr in contempt of Congress for failing to turn over special counsel Robert Mueller’s unredacted report, hours after President Trump asserted executive privilege to shield the full report and underlying evidence from Congress. The committee’s vote, taken after hours of debate over the future of American democracy, was the first official House action to punish a government official in the standoff over the Mueller report. The Justice Department denounced the move as unnecessary and intended to stoke a fight. After the vote, Judiciary Committee Chairperson Jerrold Nadler swatted away questions about possible impeachment, but added, “We are now in a constitutional crisis.”
Lawmakers Seek to Curb Foreign Influence by Closing Online Political Ad Loopholes
Center for Responsive Politics – Carl Evers-Hillstrom | Published: 5/8/2019
Lawmakers introduced a bill meant to close digital political advertisement loopholes that enabled Russian actors to meddle in the 2016 presidential election. U.S. Sens. Amy Klobuchar and Lindsay Graham introduced the 2019 Honest Ads Act, which would mandate disclosure of those paying for online political ads and create a publicly available database of political ads that appear on major online platforms such as Facebook and Twitter. The bill would encourage major platforms to ensure that foreign entities are not buying political ads. It was introduced with the backing of several campaign finance watchdog groups.
Trump Endorsed a Super PAC Supporting Him – and Here’s Why That Might Not Be a Legal Problem
Washington Post – Michelle Ye Hee Lee | Published: 5/8/2019
President Trump publicly endorsed America First Action, a super PAC run by his allies that aims to raise millions of dollars to ensure his second term. Candidates and the independent super PACs that support them have increasingly found ways to work together without breaking laws barring outright coordination. But the Trump re-election campaign’s statement appeared to go further than any other. When it opened the door to super PACs with its Citizens United decision, the Supreme Court said unlimited donations for independent political spending could not be corrupting because it would not be coordinated with candidates. But Trump, advocates said, is taking advantage of a legal gray area that candidate committees and super PACs have used to stretch the legal boundaries of how much they can work in tandem with each other.
Trump Would Have Been Charged with Obstruction Were He Not President, Hundreds of Former Federal Prosecutors Assert
MSN – Matt Zapotosky (Washington Post) | Published: 5/6/2019
More than 370 former federal prosecutors who worked in Republican and Democratic administrations have signed on to a statement asserting special counsel Robert Mueller’s findings would have produced obstruction charges against President Trump, if not for the office he held. The statement, signed by myriad former career government employees as well as high-profile political appointees, offers a rebuttal to Attorney General William Barr’s determination that the evidence Mueller uncovered was “not sufficient” to establish Trump committed a crime. Mueller declined to say whether Trump should have been charged, citing a Justice Department legal opinion that sitting presidents cannot be indicted.
Trump’s Tweet Derails House Bill Opposed by Lobbyist with Close White House Ties
MSN – Mike DeBonis, Felicia Sonmez, and Josh Dawsey (Washington Post) | Published: 5/8/2019
President Trump helped derail a bipartisan casino bill opposed by a key White House ally. The intervention by Trump, contained in a morning tweet, eroded Republican support and prompted House Democrats to postpone a vote on the measure, which would pave the way for a new Massachusetts tribal casino. Opponents, including Rhode Island lawmakers, have argued the bill would harm the business of two neighboring casinos across the state line. A key Trump ally, American Conservative Union Chairperson Matthew Schlapp, is lobbying for Twin River Management Group, which operates both Rhode Island casinos. Schlapp’s wife is the White House strategic communications director. In a tweet that blindsided lawmakers of both parties, Trump urged Republicans to oppose the measure.
Watergate Had the Nixon Tapes. Mueller Had Annie Donaldson’s Notes.
MSN – Carol Leonnig (Washington Post) | Published: 5/3/2019
The notes scribbled on a legal pad captured the fear inside the White House when President Trump raged over the Russia investigation and decreed that he was firing the FBI director who led it. The angst-filled entry is part of a shorthand diary that chronicled the chaotic days in Trump’s West Wing, a trove the special counsel report cited more than 65 times as part of the evidence the president sought to blunt a criminal investigation bearing down on him. The scribe keeping track of Trump’s actions was Annie Donaldson, then-White House Counsel Don McGahn’s chief of staff, who figures in Robert Mueller report as one of the most important narrators of internal White House turmoil. Her daily habit of documenting conversations and meetings provided the special counsel’s office with its version of President Nixon’s tapes.
White House Imposes New Rules on Reporters’ Credentials, Raising Concerns About Access
MSN – Paul Farhi (Washington Post) | Published: 5/8/2019
The White House implemented new rules it says will cut down on the number of journalists holding “hard” passes, the credentials that allow reporters and technicians to enter the grounds without seeking daily permission. The new policy has been met with some confusion and even worry among journalists, some of whom suspect the aim is to keep critics in the press away from the White House and President Trump. Journalists will qualify to renew their hard passes only if they have entered the White House grounds at least 50 percent of the time in the 180 days before renewal. A nonrenewal does not preclude journalists from entering the White House entirely, but it does subject them to a more cumbersome process.
From the States and Municipalities
Florida – Florida Legislators Agree to Limit Felons’ Voting Rights. Critics Call It a New Poll Tax.
Washington Post – Amy Gardner | Published: 5/5/2019
The largest expansion of voting eligibility in the country since the elimination of poll taxes and literacy tests in the 1960s suffered a setback when Republican legislators in Florida voted to limit the scope of a new constitutional amendment restoring voting rights to most convicted felons. The measure, which would require felons to pay all court-ordered fines, fees, and restitution before their eligibility to vote is restored, quickly drew accusations of voter suppression. Supporters of what is known in Florida as Amendment 4 said the law effectively reinstitutes a poll tax by requiring felons to satisfy financial obligations before they can vote again.
Georgia – A Mayor Reportedly Said Her City Isn’t Ready for Black Leader. A Council Member Went Further.
Washington Post – Michael Price-Saddler | Published: 5/7/2019
Hoschton Mayor Theresa Kenerly is facing calls to resign following reports she dismissed a candidate for a top city position based on his race. Racist remarks from one of her defenders further inflamed the controversy, revealing what some say are outdated racial attitudes long pervasive in a small, predominantly white city in Georgia. It was reported that Kenerly withdrew the application of Keith Henry for city administrator, “because he is black, and the city isn’t ready for this.” Councilperson Jim Cleveland defended the mayor then delivered an unprompted opinion on interracial marriage. “I have black friends, I hired black people. But when it comes to all this stuff you see on TV, when you see blacks and whites together, it makes my blood boil because that’s just not the way a Christian is supposed to live,” Cleveland said.
Indiana – Casino Company Turned to State Lawmaker for Title Work. He Voted for Massive Gaming Bill.
Indianapolis Star – Tony Cook and Kaitlin Lange | Published: 5/2/2019
When gaming company Spectacle Entertainment bought two casinos in Gary last year, it turned to a state representative for title insurance and closing services. That same lawmaker, Indiana Rep. Jerry Torr, then voted in favor of legislation that could allow Spectacle to move those casinos to new, more lucrative locations in the state. The business ties are the latest to raise questions about Spectacle and its possible attempts to influence elected officials at the statehouse. The company also paid for at least two private jet flights for Gov. Eric Holcomb and one of Spectacle’s principal investors arranged a contract for House Speaker Brian Bosma last year with Vigo County.
Kentucky – ‘He Is a Whiny, Off-Topic Social Media Troll.’ Why Bevin Banned Critics on Social Media.
Lexington Herald-Leader – John Cheves | Published: 5/1/2019
Kentucky Gov. Matt Bevin has banned almost 3,000 people from his Facebook and Twitter accounts, sometimes reading negative comments online in the middle of the night and directing his communications staff to act against his critics. Among the keywords Bevin’s office uses to flag Facebook posts for possible deletion and banning are dictator, weirdo, crook, jerk, narcissist, nimrod, and hypocrite, according to documents produced by the state. According to screen shots of their comments recorded by Bevin’s staff, all have been critical of the governor or his policies at some point since he took office three years ago. A lawsuit alleges Bevin’s policy of banning individuals from state-run social media forums constitutes an unlawful prior restraint on speech.
Maryland – Baltimore Mayor Pugh Resigns After Month on Leave Amid Investigation into Her Business Deals
MSN – Ian Duncan, Jean Marbella, and Luke Broadwater (Baltimore Sun) | Published: 5/2/2019
Baltimore Mayor Catherine Pugh resigned, ending her tenure that unraveled amid a scandal over payments for a self-published children’s book series she sold to customers including a $4 billion hospital network she once helped oversee and companies with business before the city. FBI and IRS agents had searched her City Hall offices, homes, and other locations. Pugh came to office contrasting her clean image with her main opponent, Mayor Sheila Dixon, who was forced to resign in 2010 as part of a plea deal for misappropriating about $500 in gift cards meant for needy families. A federal grand jury has been empaneled and state and local inquiries are also underway into the roughly $800,000 Pugh made over the years in exchange for her “Healthy Holly” paperbacks about health and nutrition
Michigan – Unlike the Rest of America, Michigan Lawmakers’ Personal Finances Are a Secret
MLive.com – Lauren Gibbons and Taylor DesOrmeau | Published: 5/6/2019
Michigan is one of two states – and the only one with a full-time Legislature – with no requirement for public officials to disclose basic financial information, including income sources, business investments, gifts, and travel compensation. Without any legal requirement on financial disclosures, Michigan residents only know about potential conflicts-of-interest if their lawmakers choose to reveal them. The lack of financial disclosure requirements is one?of the biggest?reasons?Michigan ranked last in a survey that rated each state’s transparency laws.?Potential conflicts or corruption in the state “remain buried in an honor system with no honor,” the?report concluded. Not much has changed in the past four years.
Mississippi – How Mississippi Lawmakers Quietly Funnel Millions of Education Dollars to Pet Vendors
Jackson Clarion-Ledger – Bracey Harris and Giacomo Bologna | Published: 5/8/2019
Top Mississippi lawmakers carve out millions of dollars for handpicked education vendors and pet projects each year, bypassing state bid laws and steering money to companies that know the right people or hire the right lobbyists. A Jackson Clarion Ledger analysis of education appropriations for the last four years uncovered millions of dollars in earmarks for select vendors, most of them represented by three lobbying firms. In at least four cases, key lawmakers received campaign contributions from vendors who received those earmarks.
New Hampshire – What Counts as a Campaign Expense? For Some Lawmakers, It Includes Flowers and Dry Cleaning
New Hampshire Public Radio – Casey McDermott | Published: 5/6/2019
Candidates running for office in New Hampshire can run up a tab on all kinds of expenses: lawn signs, postage, snacks for fundraisers, advertising, and more. But some lawmakers lean on campaign donations to cover other, less obvious expenses that pile up on the campaign trail, or even while they are in office, things like car repairs, dry cleaning bills, and floral arrangements. The state’s campaign finance laws provide little guidance on what counts as a legal campaign expense, but an effort under way at the Legislature would take a step toward more explicitly acknowledging the personal costs that can come with public service. It has prompted a debate over where candidates should draw the line between personal and political expenses on the campaign trail.
New Mexico – Padilla Claims AG Concealed Recording Device in Coffeepot
Albuquerque Journal – Dan Boyd | Published: 5/2/2019
Former New Mexico Taxation and Revenue Secretary Demesia Padilla is asking a judge to dismiss public corruption charges against her, claiming investigators in Attorney General Hector Balderas’ office violated her due process rights by secretly recording a conversation with her attorney – via a coffeepot outfitted with a recording device – before she was arrested in December 2016. But the attorney general’s office denies surreptitiously listening in on Padilla’s privileged chat, saying the coffeepot recording device, which was on loan from the Albuquerque Police Department, stopped recording while she was talking with her attorney.
New York – For Years, Top NY Lobbying Firm Went Unpaid for Campaign Work
Albany Times Union – Chris Bragg | Published: 5/7/2019
The lobbying firm Patrick B. Jenkins and Associates offers paid, professional campaign fundraising services for candidates, even as the firm lobbies members of the New York Legislature. But it has gone unpaid for months or even years in its political and fundraising work on behalf of the several state Assembly members, work that is worth tens-of-thousands of dollars. Sources said fundraising work included Patrick B. Jenkins and Associates soliciting campaign donations from its long roster of lobbying clients during the 2019 budget season. Under the state’s gift law, registered lobbyists such as Patrick Jenkins are prohibited from giving a gift of more than “nominal” value – $15 – to a public official, if it can be reasonably presumed the gift is meant to influence the official.
Ohio – Federal Judges Declare Ohio Congressional Map Unconstitutional
Washington Post – Robert Barnes | Published: 5/3/2019
A panel of federal judges declared Ohio’s congressional map unconstitutional, adding to a growing number of states where partisan gerrymandering has been outlawed. That decision and a similar one in Michigan could be seen as signals from the lower courts to their superiors. The U.S. Supreme Court is deciding whether judges even have a role in such disputes. While the high court regularly polices redistricting plans for racial gerrymandering, it has never found lawmakers’ partisan efforts to preserve power so extreme that their actions violate the constitutional rights of voters. But with the ruling in Ohio, federal courts in five states have struck down maps as partisan gerrymanders. The decisions will either guide the Supreme Court to find there is a way for judges to identify extreme partisanship or make the rulings short-lived.
Oklahoma – Donations to Lawmakers Keep Flowing Even as They Vote on Bills
Oklahoma Watch – Trevor Brown | Published: 5/6/2019
Since November 6, donors have given more than $1.7 million to sitting lawmakers and top state leaders in Oklahoma, with about 20 percent donated while the Legislature has been in session. The amount will likely climb because of fundraising in the second half of the session, a total that will not be disclosed until second-quarter campaign finance reports are filed by the end of July. Campaign finance reform advocates say even though these types of donations are allowable under state law, they are troubling because they raise serious conflict-of-interest issues for public officials.
Pennsylvania – Dark Money Under Spotlight as Campaign Finance Law Changes Right Before Philly Primary
Philadelphia Inquirer – Julia Terruso and Chris Brennan | Published: 5/2/2019
Philadelphia 3.0, an independent PAC, has circulated thousands of fliers supporting Jamie Gauthier for city council and accusing incumbent Jannie Blackwell of being too cozy with developers. But the group’s support has proved somewhat polarizing in the race. The lasting backlash against 3.0 has been that it doesn’t legally have to publicly identify many of its donors. In 2015 it spent more than $500,000 on council races but kept secret the origin of seven out of every 10 dollars transferred from its nonprofit. A change to the city’s campaign finance law that is now in effect aims to make sure anyone who pays for political communications is named. The new law requires PACs like 3.0 to disclose all donors who contribute to political activity that costs more than $5,000, whether the funding originated from a nonprofit or a PAC.
Tennessee – Cocaine, Racy Texts and a Potentially Fraudulent Email: A week of chaos roils one statehouse
Washington Post – Eli Rosenberg | Published: 5/9/2019
Tennessee House Speaker Glen Casada’s chief of staff, Cade Cothren, resigned amid reports he solicited sex in text messages to interns and lobbyists and used illegal drugs in the legislative office building. Cothren also faced scrutiny over racist text messages. His resignation came hours after a news article said Cothren allegedly solicited sex and nude photographs from an intern, sought sex with a lobbyist, and suggested he would make sexual advances toward another intern. Casada’s participation in some of the text messages has kicked off calls for his resignation. The messy political drama is another chapter in the long-running discussion about the treatment of women in the halls of power, in this case the statehouse.
April 26, 2019 •
News You Can Use Digest – April 25, 2019
National: Constraints on Presidency Being Redefined in Trump Era, Report Fallout Shows MSN – Ashley Parker and Josh Dawsey (Washington Post) | Published: 4/22/2019 The events that have followed the release of special counsel Robert Mueller’s report threaten to redefine […]
National:
Constraints on Presidency Being Redefined in Trump Era, Report Fallout Shows
MSN – Ashley Parker and Josh Dawsey (Washington Post) | Published: 4/22/2019
The events that have followed the release of special counsel Robert Mueller’s report threaten to redefine the legal and ethical standards that have long served as constraints on the American presidency. They also suggest that few, if any, of the traditional guardrails that have kept Donald Trump’s predecessors in check remain for this president and possibly those who will follow him. Current and former aides say they do not expect Trump to change his behavior, saying he is unlikely to be responsive to anything other than political pain in the form of a real revolt by Republican leadership or a sharp drop in poll numbers.
How the IRS Gave Up Fighting Political Dark Money Groups
ProPublica – Maya Miller | Published: 4/18/2019
“Dark money” spending is legal because of a massive loophole. Section 501(c)(4) of the U.S. tax code allows organizations to make independent expenditures on politics while concealing their donors’ names as long as politics is not the organization’s “primary activity.” The IRS has the daunting task of trying to determine when nonprofits in that category, known colloquially as C4s, violate that vague standard. But the IRS’ attempts to police this class of nonprofits have almost completely broken down. Since 2015, thousands of complaints have streamed in that C4s are abusing the rules. But the agency has not stripped a single organization of its tax-exempt status for breaking spending rules during that period. The IRS’ abdication of oversight stems from a trio of causes.
From the States and Municipalities:
Alabama – How a Lawyer, a Lobbyist and a Legislator Waged War on a Birmingham Superfund Site
AL.com – Steven Mufson (Washington Post) | Published: 4/24/2019
The Environmental Protection Agency (EPA) wanted to clean up toxic soil in the 35th Avenue Superfund site in Birmingham. The agency notified Drummond, a coal company, and four other manufacturers nearby that they would have to dig up and replace the soil on hundreds of residential yards. David Roberson, Drummond’s vice president and top lobbyist, worried it would cost his company $100 million or more. Roberson and his lawyer, Joel Gilbert, decided they needed someone who could persuade the people living on contaminated land to protest not the pollution, but the cleanup. They chose Oliver Robinson Jr. then a state representative. Prosecutors ultimately charged Robinson with receiving bribes, while Gilbert and Roberson were charged with bribery, conspiracy, and money laundering in the scheme to stop the EPA.
Alaska – As Capitol Reporters Dwindle, Alaska Lawmakers Grapple with Rise of Political Blogs
KTOO – Nat Herz | Published: 4/23/2019
The press corps in Juneau has a new addition this year: Jeff Landfield, a failed candidate for state Senate who is now running a colorful political blog called the Alaska Landmine. He is one of a growing number of political bloggers who are trying to fill in gaps left by Alaska’s shrinking mainstream media, posing challenges for both lawmakers and the bloggers themselves. Landfield was standing outside the chambers where the House meets recently, and he was getting some attention because he had a black eye. It was a souvenir, Landfield said, from when a legislative aide punched him a few days before at a Juneau bar.
Connecticut – Two Rival Politicians Accused Each Other of Using Drugs. The Result Was a Showdown at a Urinalysis Lab.
Washington Post – Antonia Noori Farzen | Published: 4/22/2019
Two feuding politicians in Bridgeport, Connecticut’s largest city, spent much of the past week accusing each other of being on mind-altering substances after getting into an ugly fight in the comments section of a local political blog. Bridgeport City Councilperson Ernest Newton and Board of Education member Maria Pereira concluded they could only settle their dispute one way: by challenging each other to a public drug test. Newton, whose political career was interrupted by a five-year prison sentence after he pleaded guilty to federal corruption charges, once struggled with an addiction to crack cocaine. Both tested negative for all 10 substances. But the feud did not die down.
Florida – Andrew Gillum Agrees to Pay $5,000 Ethics Fine
News Service of Florida – Tampa Bay Times | Published: 4/24/2019
Former Tallahassee Mayor and gubernatorial candidate Andrew Gillum agreed to pay a $5,000 fine to settle a complaint he violated state law by accepted gifts worth more than $100 from lobbyists or their clients who had interests in the city and failed to report them. The Florida Commission on Ethics agreed to drop four additional counts in the settlement. The commission had found probable cause that Gillum violated ethics laws for allegedly accepting gifts from Tallahassee entrepreneur Adam Corey and undercover FBI agents posing as developers. Corey had been a close friend of Gillum and lobbied city officials. The charges related to trips to Costa Rica and New York, a boat ride around the Statue of Liberty, and a ticket to the Broadway hit, “Hamilton.”
Florida – Opioid Lawsuit Bill Stalls in Florida Committee Chaired by Sister-in-Law of Walgreens Lobbyist
Tampa Bay Times – Lawrencwe Mower | Published: 4/22/2019
Florida Attorney General Ashley Moody is suing the nation’s largest drug makers and distributors, accusing them of recklessly supplying Floridians with millions of drugs per year. But a bill that is critical to the lawsuit moving forward has stalled in the committee of a powerful lawmaker: Sen. Lizbeth Benacquisto, who said her committee would not hear it because of concerns the bill could invade the privacy of patients. Benacquisto said her objections are not related to her brother-in-law, Chris Hansen, a lobbyist whose clients include Walgreens – one of the defendants in Moody’s lawsuit.
Maine – Numbers of Maine Lawmakers Who Went on to Lobby
AP News – Marina Villeneuva | Published: 4/21/2019
At least 14 Democratic and eight Republican lawmakers in Maine have gone on to register as paid lobbyists over the past three decades, a practice that is being targeted by a bill moving through the state Legislature. The House and Senate advanced a bill to ban future lawmakers from any paid lobbying within their first year out of office. The state ethics commissions had called for the change in 2017. The Associated Press (AP) compared state lobbying reports with legislative rosters and found that nearly half of the 22 former lawmakers who registered as lobbyists over the past three decades did so within the same year of leaving office. The lawmakers-turned-lobbyists have raked in $3.6 million in total compensation for their firms, according to the AP analysis.
Maryland – Federal Agents Search Baltimore City Hall and Mayor Catherine Pugh’s Home
Washington Post – Ann Marimow, Peter Hermann, and Lynh Bui | Published: 4/25/2019
Federal agents searched Baltimore City Hall and Mayor Catherine Pugh’s home among other sites amid fallout from lucrative children’s book deals she cut with businesses connected to the government she has run since 2016. Pugh took an indefinite leave of absence beginning April 1 attributed to health issues following criticism of the more than $700,000 she was paid for her self-published “Healthy Holly” book series. The book-deal revelations have led to calls from the city council and state lawmakers for Pugh’s resignation; an investigation by the state prosecutor; and to the firing of several of her aides. Investigators are scrutinizing Pugh’s deals with entities including Kaiser Permanente, which was awarded city contracts, and the University of Maryland Medical System, on whose board she sat for many years.
Massachusetts – Amid ‘Slush Fund’ Criticism, Nearly All Legislative Caucuses Will Forgo Outside Donations
Boston Globe – Matt Stout | Published: 4/24/2019
All but one of the nearly two dozen caucuses formed by Massachusetts lawmakers say they will not solicit outside contributions, weeks after a new internal rule allowing legislative groups to raise private funds stirred controversy on Beacon Hill. The rule, which requires all caucuses to register with the House Committee on Rules, also bars lobbyists from donating and says caucuses must receive approval from House counsel before taking any gift of more than $50. The potential of taking donations outside of campaign finance disclosure laws drew intense heat, including criticisms it could create a legislative “slush fund.”
Minnesota – Minnesota Lawmakers, Lobbyists Describe Cautious Capitol in Wake of #MeToo
Minneapolis Star Tribune – Jessie Van Berkel | Published: 4/21/2019
A year and a half after reports of sexual harassment rocked the Minnesota Legislature and prompted two resignations, lawmakers and lobbyists describe a changed atmosphere at the Capitol. People are more cautious and aware of what crosses the line. There is also a new group of House members, many of them younger women, who are outspoken about addressing harassment and gender equality. But some at the Capitol say they worry the good behavior and awareness will fall by the wayside if the energy of the #MeToo movement fades from the spotlight.
Missouri – Lobbyist’s Crusade to Change Title IX in Missouri Stems from His Son’s Expulsion
Kansas City Star – Edward McKinley | Published: 4/23/2019
After his son was expelled from Washington University last year through the school’s Title IX process, a leading Jefferson City lobbyist launched a campaign to change the law for every campus in the state. Richard McIntosh has argued to legislators that Title IX, the federal law barring sexual discrimination in education and mandating that schools set up internal systems to police sexual violence, is tilted unfairly against the accused. His proposals create more protections for those accused of Title IX violations. Had McIntosh’s amendment been enacted, it would have allowed his son to appeal the result of his hearing to the state Administrative Hearing Commission, where his mother and McIntosh’s wife is the presiding and managing commissioner.
South Dakota – S.D. House Speaker Paid $12,000 for Lobbyist’s Legal Fees
KELOLAND – Bob Mercer | Published: 4/23/2019
South Dakota House Speaker Steven Haugaard authorized a payment of $12,000 for a lobbyist’s legal fees after he banned her from the chamber floor, and South Dakota Municipal League Executive Director Yvonne Taylor’s attorneys have asked a federal judge to dismiss the league’s lawsuit against Haugaard. Court documents say Haugaard called Taylor into his office and brought up her column from the league’s magazine. In the article, which appeared prior to the June 2018 primary elections, Taylor suggested voters make a distinction between what she called “The Normals” and the “Wackies” in the Legislature. One sentence said: “We desperately need to get that ‘wacky ratio’ down.” A judge issued a temporary restraining order against Haugaard and said the speaker was not protected by legislative immunity.
Texas – Conservative Group Empower Texans Sues Lawmaker to Gain State House Media Credentials
Texas Tribune – Emma Platoff | Published: 4/18/2019
Months after being denied media credentials for the Texas House, the conservative organization Texas Scorecard – a product of Empower Texans, a Tea Party-aligned political advocacy group with one of the state’s best-funded PACs – filed a First Amendment lawsuit arguing its rejection from the chamber constitutes “unconstitutional viewpoint discrimination.” Before the legislative session began in January, two employees of Texas Scorecard applied for media credentials in the Legislature. In the Senate, their credentials were granted; in the House, they were denied. The two chambers follow similar rules about who is allowed special journalistic access to the floor, and both prohibit lobbyists. But the chambers’ political atmospheres are different.
Washington – A State Senator Said Nurses ‘Probably Play Cards’ at Work. Facing Mass Outrage, She’s Apologized.
Seattle Times – Allyson Chiu (Washington Post) | Published: 4/21/2019
While debating a bill that would give nurses uninterrupted meals and breaks at work and protect them from mandatory overtime, Washington Sen. Maureen Walsh arguing that hospitals in rural communities should be excluded from the measure because the requirements would place too much strain on those facilities. “By putting these types of mandates on a critical access hospital that literally serves a handful of individuals, I would submit to you that those nurses probably do get breaks – they probably play cards for a considerable amount of the day,” Walsh said. The comment sparked an online petition calling for her to shadow a nurse and “experience what really happens” during a 12-hour shift. The senator’s office has also been flooded with angry phone calls and emails as well as packages containing decks of playing cards.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.