January 13, 2023 •
News You Can Use Digest – January 13, 2023
![News You Can Use Digest – January 13, 2023](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal At Proud Boys Trial, U.S. Aims to Win Another Seditious Conspiracy Case MSN – Rachel Weiner (Washington Post) | Published: 1/9/2023 Henry “Enrique” Tarrio and four other members of his right-wing group Proud Boys are standing trial on charges of […]
National/Federal
At Proud Boys Trial, U.S. Aims to Win Another Seditious Conspiracy Case
MSN – Rachel Weiner (Washington Post) | Published: 1/9/2023
Henry “Enrique” Tarrio and four other members of his right-wing group Proud Boys are standing trial on charges of seditious conspiracy in a case that will test the limits of a rarely used law. Prosecutors will seek to convince a jury the riot at the U.S. Capitol was not the spontaneous outburst of a misguided mob but an assault on democracy galvanized by dedicated extremists. The strongest evidence against the Proud Boys comes from on and around January 6, as they discussed storming the Capitol and members of the group engaged in violence. The government’s challenge will be tying that to a broader political plot.
Attorneys Clash in E. Jean Carroll Defamation Case Against Trump
MSN – Keith Alexander (Washington Post) | Published: 1/10/2023
An appeals court heard arguments on whether Donald Trump was acting within his job as president when he denied a writer’s allegations that he sexually assaulted her in the mid-1990s. Lawyers for E. Jean Carroll argued Trump acted as a private citizen when he denied raping Carroll, and therefore can be sued like anyone else. Trump’s lawyers and an attorney for the Justice Department countered that his responses were made as part of his job as president, which would effectively end Carroll’s case against him.
Here Are the K Street Lobbyists Closest to McCarthy
Yahoo News – Karl Evers-Hillstrom (The Hill) | Published: 1/11/2023
U.S. Rep. Kevin McCarthy’s ascension to speaker of the House could be a boon for a small group of lobbyists within his inner circle. He has relied on a small handful of lobbyists for advice and fundraising help. Now those allies are a hot commodity among corporate clients eager to make inroads with McCarthy, who is in lockstep with corporate America on economic policy but has chastised major companies for wading into social and political issues.
House Narrowly Approves Rules Amid Concerns About McCarthy’s Concessions
Seattle Times – Catie Edmondson (New York Times) | Published: 1/9/2023
House Republicans pushed through an overhaul of operating rules for the new Congress, overcoming the concerns of some rank-and-file members about concessions that Speaker Kevin McCarthy made to the hard right in the desperate and drawn-out process of securing his job. Taken together, the rules increase transparency around how legislation is put together. But they could also make it difficult for the House to carry out even its most basic duties in the next two years, such as funding the government, including the military, or avoiding a catastrophic federal debt default.
How Kevin McCarthy Survived the GOP Revolt to Become House Speaker
MSN – Isaac Arnsdorf, Mariana Sotomayor, Michael Scherer, and Josh Dawsey (Washington Post) | Published: 1/8/2023
Months of posturing and saber-rattling at last gave way to serious talks on changing how the new House would operate, which eventually led to Kevin McCarthy winning the speakership. What emerged was a deal that would secure McCarthy his prize only by diminishing it and putting the House on a collision course for more crises like the one just barely resolved, next time over funding the government or raising the debt limit.
Official U.S. Capitol Tour Guides Told to Only Mention Jan. 6 If Asked
Yahoo News – Joe Heim (Washington Post) | Published: 1/5/2023
Visitors on official guided tours of the U.S. Capitol are peppered with facts about its rich history. But they probably will not hear a word about the January 6, 2021, attack by supporters of Donald Trump who were seeking to stop the certification of Joe Biden’s electoral win. Guides have been told to only refer to January 6 if questioned on a tour, according to former tour guides and people familiar with the Capitol Visitor Center’s operations. It is a policy that in many ways reflects a country at odds with itself, unable to agree on fact and truth and reluctant to engage on the history of a day that threatened democracy.
Scandal-Hit EU Assembly Set to Move on Anti-Corruption Plan
Yahoo News – Lorne Cook (Associated Press) | Published: 1/11/2023
Spurred into action by a major corruption scandal, European Parliament President Roberta Metsola wants to prevent former lawmakers from lobbying on behalf of businesses or governments soon after they leave office and to make public the names of current members who break assembly rules. Metsola also seeks tougher checks on lobbyists and the public listing of any meetings that lawmakers may have with them. The plans were divulged a month after Belgian authorities arrested four people on charges of corruption, money laundering, and participation in a criminal organization.
Second Biden Search Yields Additional Classified Documents
MSN – Devlin Barrett, Matt Viser, Tyler Pager, and Perry Stein (Washington Post) | Published: 1/11/2023
President Biden’s personal lawyers discovered a small number of classified documents at the Penn Biden Center for Diplomacy and Global Engagement, an institute Biden started after serving as vice president. Legal representatives for the president then announced they found additional classified material at a second location. White House officials have said they are cooperating with the Justice Department and that Biden’s lawyers quickly handed over the documents to the National Archives and Records Administration.
The Mysterious, Unregistered Fund That Raised Big Money for Santos
DNyuz – Alexandra Berzon and Grace Ashford (New York Times) | Published: 1/12/2023
A month before George Santos was elected to Congress, one of his large campaign donors was asked to consider making another sizable contribution. The request came from a Republican loyalist on behalf of RedStone Strategies, which was described in an email to the donor as an “independent expenditure” group. The donor sent $25,000 to a bank account belonging to RedStone Strategies. But where the donor’s money went is unclear. The FEC said it had no evidence RedStone Strategies was registered as a political group, and there do not appear to be any records documenting its donors, contributions, or spending.
The New Soldiers in Propane’s Fight Against Climate Action: Television stars
DNyuz – Hiroko Tabuchi (New York Times) | Published: 1/11/2023
For DIY enthusiasts, Matt Blashaw is a familiar face, judging bathroom remodels or planning surprise home makeovers on popular cable television shows. He also has a strong opinion about how Americans should heat their homes: by burning propane. Less well known is Blashaw is paid by a fossil fuel industry group that has been running a furtive campaign against government efforts to move heating toward electricity made from cleaner sources. The Propane Education and Research Council has spent millions of dollars on “provocative anti-electrification messaging,” using influencers like Blashaw, according to the group’s internal documents.
Trump Campaign Officials Got Subpoena Asking New Questions About Jan. 6
MSN – Josh Dawsey, Devlin Barrett, and Rosalind Helderman (Washington Post) | Published: 1/11/2023
A wide-ranging subpoena sent to Donald Trump’s campaign officials in December shows new areas of investigative interest as part of the Justice Department’s extensive January 6 criminal probe, and lawyers say a grand jury focused on the day’s events and related fundraising has increased its activities in recent months. The document seeks more than two dozen categories of information and includes some questions that were not part of a series of similar subpoenas that were sent to several dozen people in September.
From the States and Municipalities
Alaska – Wasilla Lawmaker Advised Not to Solicit Campaign Funds for Oath Keepers Trial Costs
Yahoo News – Sean Maguire (Anchorage Daily News) | Published: 1/6/2023
Staff at the Alaska Public Offices Commission advised Rep. David Eastman not to keep soliciting campaign contributions to pay his legal bills, saying that would run afoul of state law. Anchorage Superior Court Judge Jack McKenna ruled in December that Eastman was eligible to hold public office despite his membership in the Oath Keepers, a far-right militia group that had some members and leadership participate in the riot at the U.S. Capitol. Without being able to solicit campaign contributions, he can still accept donations to a separate legal fund, but as a sitting legislator, the law prohibits him from accepting monetary “gifts” worth $250 or more.
California – Lobbyist’s $1,100 Payment to El Monte Councilmember for Breast Augmentation Lawful, FPPC Rules
San Gabriel Valley Tribune – Jason Henry (Pasadena Star News) | Published: 1/8/2023
The California Fair Political Practices Commission (FPPC) found El Monte Councilperson Victoria Martinez Muela did not violate the law by accepting $1,100 for breast augmentation surgery from a friend, even though the friend’s employer had business before the city council. The FPPC determined the payment for the procedure did not constitute a “gift” under state law, would not have been subject to state limits, and did not qualify as reportable income, said Alex Rose, counsel for the agency’s enforcement division.
California – San Jose Lobbyists Skirt Transparency
San Jose Spotlight – Tran Nguyan | Published: 1/5/2023
A review of 2022 disclosure reports shows how some lobbyists failed to divulge details of their meetings with San Jose officials. San Jose adopted lobbying rules in 2007 to increase transparency at City Hall and allow the public a window into how lobbyists influence city business and policies. The ordinance requires lobbyists to submit weekly reports and disclose details, including who their client is, who they meet with, how they communicate, and the topic being discussed.
Colorado – ‘Laughable’: Is it too easy to get on the Denver mayoral ballot?
Denver Post – Joe Rubino | Published: 1/5/2023
It took Leslie Herod’s campaign less than 17 hours to collect the 300 verified voter signatures needed to get the mayoral hopeful on the ballot for Denver’s April 4 municipal election. The speed with which Herod hit the petition mark – turning in her signatures at 4:30 p.m. on the first day signature gathering was allowed – highlights a concern that has been rumbling beneath the surface of Denver elections: is it too easy for candidates and citizens’ initiative to get on the ballot?
Florida – DeSantis Inauguration Planned to Give Donors Special Treatment. They Got Long Lines, Few Seats
MSN – Mary Ellen Klas and Lawrence Mower (Miami Herald) | Published: 1/5/2023
Florida Gov. Ron DeSantis proclaimed to a crowd of about 250 people at a candlelight dinner for donors that his swearing-in ceremony was “the most requested ticket” of any inauguration in state history. In fact, organizers sold more tickets than there were seats for the swearing-in, leaving numerous people, including the chief executive officer of Publix and the future speaker of the Florida House, without a place to sit. The treatment of the VIPs left some egos bruised. Many paid between $25,000 and $1 million for sponsorship packages that included seats to the VIP section for the swearing-in ceremony and tickets to the inaugural ball.
Georgia – Fani Willis, the Georgia Prosecutor Investigating Trump, Has Taken on Seemingly Untouchable Targets
MSN – Tom Hamburger, Matthew Brown, and Ann Marimow (Washington Post) | Published: 1/9/2023
Fulton County District Attorney Fani Willis is considering using Georgia’s racketeering statute in a politically treacherous investigation. The question is whether former President Trump conspired with his allies to break the law and attempt to overturn the 2020 election in the state. Willis finds herself at the center of an inquiry with the potential to make history and influence the course of the next presidential vote. A special grand jury convened as part of the investigation submitted a report that could include recommendations for charges.
Hawaii – Commission Fines Cayetano Campaign, Super PAC Over Josh Green Attack Ads
Honolulu Civil Beat – Blaze Lovell | Published: 1/11/2023
The Hawaii Campaign Spending Commission fined gubernatorial candidate Vicky Cayetano’s campaign and her super PAC, Victory Calls. Commission staff found probable cause the campaign improperly coordinated with the PAC to run a print ad in the Honolulu Star-Advertiser attacking Gov. Josh Green, who at the time was a gubernatorial candidate and Cayetano’s opponent in the Democratic primary. The commission voted to fine the campaign and Victory Calls $1,000 jointly for the print ad, meaning either the PAC or the campaign can pay the fine.
Hawaii – Proposal Would Increase Public Funding for Hawaii Campaigns
Yahoo News – Dan Nakaso (Honolulu Star-Advertiser) | Published: 1/10/2023
State Sen. Karl Rhoads plans to introduce legislation this year to help county, state, and Office of Hawaiian Affairs candidates raise more campaign money through public funds to ease their reliance on lobbyists and private donors with the goal of promoting “clean elections.” The proposal follows the guilty pleas of Sen. J. Kalani English and Rep. T.J. Cullen on bribery and corruption charges that led to calls for ethics and fundraising reform that largely did not materialize last year but did lead to a ban on fundraising while the Legislature is in session and to the creation of a House commission on legislative conduct.
Illinois – Ex-U.S. Rep. Luis Gutierrez Allegedly Lobbied Speaker Michael Madigan for ComEd Board Appointment for Juan Ochoa, According to New Filing
Yahoo News – Jason Meisner and Ray Long (Chicago Tribune) | Published: 1/11/2023
Federal prosecutors revealed new evidence they intend to use against four people accused in an alleged bribery scheme between Commonwealth Edison (ComEd) and then-House Speaker Michael Madigan. Former McPier chief executive Juan Ochoa is expected to testify he enlisted the help of a member of Congress in 2017 to help repair his tattered relationship with Madigan and ultimately secure a lucrative position on ComEd’s board of directors. Sources said the member is ex-U.S. Rep. Luis Gutierrez. The trial promises to be the biggest corruption trial in Illinois since ex-Gov. Rod Blagojevich was convicted in 2011.
Illinois – Lightfoot Campaign Asks CPS Teachers to Encourage Students to Help Her Win Reelection in Return for Credit
WTTW – Heather Cherone | Published: 1/11/2023
Mayor Lori Lightfoot’s reelection campaign sent an email to Chicago Public Schools teachers asking them to encourage their students to volunteer to help Lightfoot win a second term as mayor and earn class credit. The message was sent to teachers’ official work email accounts. As mayor, Lightfoot appoints not only the superintendent of the Chicago Public Schools but also the members of the city Board of Education. Chicago’s ethics ordinance prohibits the use of public resources, including email accounts, for non-official purposes.
Kansas – Prominent Kansas Senate Republican to Pull Double Duty as Kris Kobach Adviser, Legislator
MSN – Andrew Bahl (Topeka Capital Journal) | Published: 1/11/2023
State Sen. J.R. Claeys will serve as a senior adviser to Kansas Attorney General Kris Kobach, a move that is not unprecedented but has brought concerns about a potential conflict-of-interest. There is nothing in the rules preventing Claeys, who also served as Kobach’s campaign manager during the 2022 election cycle, from simultaneously serving in a state agency. Legislators, both current and past, have worked for executive branch agencies and Kansas Board of Regents institutions, among other day jobs.
Kentucky – Pfizer Gives $1 Million to Republican Party of Kentucky to Expand Its Headquarters
Kentucky Lantern – Tom Loftus | Published: 1/9/2023
In what may be the largest political contribution ever given to a political party in Kentucky, the drug maker Pfizer Inc. gave $1 million last month to the building fund of the state Republican Party. A report filed by Republican Party of Kentucky Building Fund listed the $1 million from Pfizer along with five other big corporate contributions in the final quarter in 2022 totaling $1.65 million. That is an extraordinarily large haul for the fund which had raised only $6,000 during the first three quarters of last year.
Louisiana – Former Louisiana Democrats Chair, State Senator Gets Prison Time for Wire Fraud
Louisiana Illuminator – Greg La Rose | Published: 1/11/2023
Former state Sen. Karen Carter Peterson was sentenced to 22 months in prison after admitting she used money from her campaign and the Louisiana Democratic Party to support a gambling addiction. Peterson was accused of pilfering $147,000 from her campaign and party coffers through a series of payments to close political allies.
Massachusetts – SJC Rules DiMasi’s Federal Corruption Convictions Do Not Disqualify Him, or Others, from Lobbying on Beacon Hill
MSN – John Element (Boston Globe) | Published: 1/5/2023
Secretary of State William Galvin misinterpreted Massachusetts law when he denied former House Speaker Sal DiMasi’s registration as a lobbyist in 2019, the state’s highest court ruled. The Supreme Judicial Court said amendments to ethics laws enacted by state legislators in 2009 specified that only state corruption convictions could be used to prevent someone from registering as a lobbyist for 10 years after being convicted. DiMasi was convicted in federal court of fraud and extortion for taking bribes while in office.
Massachusetts – The Latest Challenge for the Beleaguered Massachusetts State GOP: Tens of thousands of dollars in unpaid bills
MSN – Emma Platoff (Boston Globde) | Published: 1/10/2023
Fresh off an electoral defeat in the November midterms. the Massachusetts Republican Party now appears to have mounting financial and legal problems, too – a pile of overdue bills, much of that money owed to an opposition research firm that party leaders hired last year to dig up dirt on Maura Healey during her run for governor. As of late December, the state GOP owed at least $86,000 to at least two outside vendors hired for election-related services, bills that were late by more than two months. Republican sources, including one familiar with the party’s direct mail process, estimated the debt far exceeds that amount.
New Mexico – Democratic Officials’ Homes, Offices Shot Up in New Mexico
Associated Press News – Susan Montoya Bryan and Morgan Lee | Published: 1/6/2023
The homes or offices of five elected Democratic officials in New Mexico, including the new attorney general, have been hit by gunfire over the past month, and authorities are working to determine if the attacks are connected. Nobody was injured in the shootings. Federal officials have warned about the potential for violence and attacks on government officials and buildings, and the Department of Homeland Security has said domestic extremism remains a top terrorism threat in the U.S. Local officials have also faced an increasing number of threats in recent years.
New York – Lawmaker’s Victory May Cost Him Coveted Manhattan Apartment
DNyuz – Luis Ferré-Sadurní (New York Times) | Published: 1/6/2023
Democrats in the New York Assembly had been considering whether to expel a Republican member because of evidence suggesting he lived in Manhattan, not in the South Brooklyn district he was recently elected to represent. But the efforts to remove Assemblyperson Lester Chang were seen as politically contentious. So Democratic leaders decided they would not try to remove Chang. But even though Mr. Chang will keep his seat, he may be at risk of losing something equally precious: his rent-stabilized apartment in Manhattan.
New York – Rensselaer County’s Former GOP Elections Commissioner Admits Voter Fraud
Albany Times Union – Robert Galvin | Published: 1/11/2023
Jason Schofield, Rensselaer County’s former elections commissioner, pleaded guilty to 12 counts of voter fraud charges, admitting he fraudulently filed absentee ballots in 2021 using the personal information of at least eight voters without their permission. The plea is part of a broader, ongoing investigation by the U.S. Justice Department that led to the guilty plea of ex-Troy City Council Member Kimberly Ashe-McPherson. The probe is examining the election activities of several top county officials.
New York – Trump Financial Officer Allen Weisselberg Sentenced to Five Months in Jail
MSN – Shayna Jacobs (Washington Post) | Published: 1/10/2023
Longtime Trump Organization finance chief Allen Weisselberg, who pleaded guilty to 15 counts including tax fraud, conspiracy, and grand larceny, was sentenced to serve five months in jail. Authorities had promised Weisselberg a steeply reduced sentence in exchange for testifying against the Trump Organization. He had faced up to 15 years in prison. The company was convicted of tax crimes. Donald Trump was not charged with wrongdoing.
North Dakota – As Lawmakers Return to Bismarck, Lobbyists Fill the Capitol
Grand Forks Herald – Jeremy Turley (Forum News Service) | Published: 1/6/2023
Lobbyists are sure to be present wherever laws are made, and the North Dakota Capitol is no exception. For each of the state’s 141 lawmakers, there are more than two registered lobbyists, and their numbers are expected to grow as the Legislature’s four-month session unfolds. Lobbyists, whether paid or not, are a vital piece of the Capitol ecosystem, according to policymakers and political scientists.
North Dakota – Bill Would Add 9,000 State Employees to North Dakota Ethics Panel’s Jurisdiction
Jamestown Sun – Jack Dura (Bismarck Tribune) | Published: 1/6/2023
North Dakota’s Ethics Commission is asking the state Legislature to expand the panel’s oversight authority to include thousands of state employees. Senate Bill 2048 includes several changes requested by the commission, such as extending the time frame to notify an accused person of an ethics complaint and adding criteria for who can make complaints. The bill also would add about 8,960 executive branch employees to the ethics panel’s jurisdiction over “public officials.”
Ohio – Ex-Ohio Governor Candidate Joe Blystone Fined $105K, Can’t Run for Office for 5 Years
Yahoo News – Jessie Balmert (Cincinnati Enquirer) | Published: 1/5/2023
Joe Blystone, who unsuccessfully challenged Gov. Mike DeWine in the Republican primary election last May, will pay a $105,000 fine and not run for office for five years as part of a settlement with the Ohio Elections Commission. The $105,000 fine is what is left in Blystone’s campaign account minus $75,000 placed in reserve for a pending lawsuit. The case stemmed from a slew of campaign finance violations committed by Blystone.
Oklahoma – After Dark Money Flooded Elections, Oklahoma GOP Chair Wants Changes to Help Political Parties
Tulsa World – Carmen Forman | Published: 1/11/2023
After millions of dollars in “dark money” flowed into Oklahoma elections last year, the state Republican Party chairperson is seeking reforms. A.J. Ferate asked the Oklahoma Ethics Commission to consider updating campaign finance rules so political parties can raise more money and provide additional assistance to state candidates. Corporations and other entities can contribute unlimited sums of money to influence elections through groups that do not have to report their donors. Political parties have to report their campaign fundraising and spending.
Pennsylvania – DA Larry Krasner’s Impeachment Trial Gets Indefinitely Postponed by the Pa. Senate
MSN – Ellie Rushing (Philadelphia Inquirer) | Published: 1/11/2023
The Pennsylvania Senate voted to indefinitely postpone the impeachment trial of Philadelphia District Attorney Larry Krasner. A Commonwealth Court ruling to dismiss the articles of impeachment as legally insufficient, the future of the trial – and the timeline for when, or even if, it resumes – remains uncertain. Judge Ellen Ceisler said the articles did not sufficiently demonstrate Krasner failed to perform his duties or acted with an improper or corrupt motive, a standard required under the state constitution to impeach a public official.
Rhode Island – As Judge Caprio Moves On, Questions About ‘Caught in Providence,’ and the Profits, Are Raised
Yahoo News – Katherine Gregg (Providence Journal) | Published: 1/9/2023
In 2015, The Rhode Island Ethics Commission gave the chief judge of Providence Municipal Court, Frank Caprio, its blessing to expand his “Caught in Providence” television show into wider markets. Caprio told the commission that “he has never and will never accept financial compensation of any kind from the broadcast of these Municipal Court proceedings.” But the judge’s brother, David Caprio, chair of the state’s higher education board, recently acknowledged he has made a little more than $100,000 a year from the broadcast, which he did not list on his ethics-disclosure filing.
South Carolina – South Carolina US House District Ruled Racial Gerrymander
Yahoo News – James Pollard and Jeffrey Collins (Associated Press) | Published: 1/5/2023
Federal judges ordered South Carolina lawmakers to draw new congressional maps, ruling the U.S. House district lines of a seat flipped by Democrats four years ago were intentionally redrawn to split Black neighborhoods to dilute their voting power. The state used the maps in this past November’s midterm elections after the Republican-dominated state Legislature redrew the lines following the 2020 U.S. Census. With Republicans holding a thin margin in the House, any change to competitive districts has a chance to alter the balance of power after the 2024 elections.
Utah – The Utah Executive Ethics Committee Has Been Understaffed for 2 Years
Local Today – Emily Anderson Stern (Salt Lake Tribune) | Published: 1/11/2023
After major scandals that led to the FBI investigating a Utah attorney general and lieutenant governor, the Legislature passed a bill establishing an ethics committee to review complaints against the state’s executive branch. But for nearly two years, the Executive Ethics Committee operated with fewer than half its legally required members and has limited public avenues to file a grievance against Utah’s top officials.
Washington – Seattle Ethics Committee Restricts Collection of Democracy Vouchers
Real Change – Guy Oron | Published: 1/11/2023
The Seattle Ethics and Elections Commission amended the city’s democracy voucher program, limiting the ability of paid campaign staffers to collect vouchers, a move campaigns say could reduce the impact of the system. The program allocates four $25 vouchers to eligible Seattle residents who can donate them to candidates. Previously, staff could collect replacement forms from potential donors. That made it easy for supporters to give their vouchers immediately to a campaign. Now, supporters must turn in a replacement form to a volunteer or to the city directly, either by mail or online.
Washington – Sutherland to Pay $2.5K to Settle Ethics Violation Complaint
Everett Herald – Jerry Cornfield | Published: 1/6/2023
State Rep. Robert Sutherland will pay $2,500 to settle a complaint alleging he violated Washington’s ethics law when he berated and swore at a House security official and then bragged about it at a political rally hours later on the Capitol campus. Sutherland and Sean Hartsock, the chamber’s director of security, became embroiled in a heated exchange when the lawmaker sought access to a building he had been barred from entering because he had not taken a required COVID test.
West Virginia – W.Va. Journalist Let Go After Reporting on Abuse Allegations
Yahoo News – Leah Willingham (Associated Press) | Published: 1/7/2023
West Virginia Public Broadcasting (WVPB) reporter Amelia Ferrell Knisely said she was told to stop reporting on the Department of Health and Human Resources after leaders of the agency “threatened to discredit” the network. She then learned her position was being eliminated. Knisely had reported about alleged abuse of people with disabilities within the state agency. She said her news director told her the order came from WVPB Executive Director Butch Antolini, former communications director for Gov. Jim Justice. The governor has tried to eliminate funding for WVPB and was accused of appointing partisan operatives to its board.
January 6, 2023 •
News You Can Use Digest – January 6, 2023
![News You Can Use Digest – January 6, 2023](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal Advocacy Groups Denounce GOP Proposals to ‘Gut’ Ethics Office MSN – Kate Ackley (Roll Call) | Published: 1/3/2023 Ethics advocacy groups are sounding alarms that a proposal from House Republicans to change the Office of Congressional Ethics (OCE) could eviscerate […]
National/Federal
Advocacy Groups Denounce GOP Proposals to ‘Gut’ Ethics Office
MSN – Kate Ackley (Roll Call) | Published: 1/3/2023
Ethics advocacy groups are sounding alarms that a proposal from House Republicans to change the Office of Congressional Ethics (OCE) could eviscerate the watchdog, leaving it unable to function. The proposals, part of a package of new rules for the chamber, appear subtle but would have a major impact on the OCE, the groups say. Republicans have proposed term limits on OCE board members, a move that critics say would disproportionately affect Democratic members of the bipartisan body. The OCE would have to make hiring decisions within the first 30 days, a potentially impossible task if the board does not have a full slate.
House Joins Senate in Passing Electoral Count Act Overhaul in Response to Jan. 6 Attack
MSN – Amy Wang and Liz Goodwin (Washington Post) | Published: 12/19/2022
President Biden signed the omnibus spending bill to fund the federal government, which included the Electoral Count Reform and Presidential Transition Improvement Act. It amends an 1887 law and reaffirms the vice president has only a ministerial role at the joint session of Congress where electoral college votes are counted. The measure raises the threshold necessary for members of Congress to object to a state’s electors.
Jan. 6 Report Recommends Congress Ban Trump from Office
MSN – Amy Gardner, Rosalind Helderman, and Jacqueline Alemany (Washington Post) | Published: 12/22/2022
The House committee investigating attack on the U.S. Capitol recommended Congress consider barring former President Trump from ever holding public office again as a result of his role inciting that day’s insurrection. The committee released its final report, concluding 18 months of work with a carefully footnoted document intended to cement its findings that Trump’s conduct following the 2020 presidential election was to blame for the unprecedented assault on Congress.
Lobbyists Relish Return to Capitol After Years of COVID Restrictions
MSN – Karl Evers-Hillstrom (The Hill) | Published: 1/5/2023
Lobbyists returned to Capitol Hill on January 3. The end of strict rules for visitors at the Capitol will boost K Street’s visibility in time for the new Congress. Thousands of lobbyists roamed the Capitol campus without an appointment or congressional escort for the first time since March 2020, when Congress implemented COVID-19 restrictions. The rules made it difficult for lobbyists to meet with lawmakers in their offices. Congressional aides and K Street representatives increasingly relied on Zoom calls because getting people into Capitol buildings required too much time and planning.
Sam Bankman-Fried Funded More Than 90% of a Leading DC Ethics Group’s Political Arm in 2021
MSN – Brent Griffiths and Dave Levinthal (Business Insider) | Published: 12/29/2022
Indicted cryptocurrency financier Sam Bankman-Fried donated $760,000 to the Campaign Legal Center’s (CLC) action fund in 2021. The contribution amounted to more than 95 percent of CLC Action’s revenue for that year and roughly 94 percent of its expenses. Bankman-Fried’s spending helped support CLC Action, a 501(c)(4), as well as the ethics watchdog’s tax-exempt charitable arm. Under its action group, the CLC filed a number of prominent lawsuits in 2021.
Santos, a Suburban House and $11,000 in Campaign Payments for ‘Rent’
DNyuz – Grace Ashford and Dana Rubinstein (New York Times) | Published: 12/29/2022
There were a series of unusual disbursements in U.S. Rep.-elect George Santos’s campaign filings that experts say could warrant further scrutiny. There are also dozens of expenses pegged at $199.99, one cent below the threshold at which federal law requires receipts. It is not known if the spending was illegal, or merely unusual. Federal and local prosecutors said they would begin inquiries into Santos’s finances and background. A New Yor Times investigation revealed he misrepresented details of his education, work history, and property ownership, along with a previously undisclosed criminal charge in Brazil.
The ‘Red Wave’ Washout: How skewed polls fed a false election narrative
DNyuz – Jim Rutenberg, Ken Bensinger, and Steve Eder (New York Times) | Published: 12/31/2022
Polling helped feed what quickly became an inescapable political narrative in 2022: a Republican wave election was about to hit the country. In the election’s immediate aftermath, the polling failures appeared to be in keeping with misfires in 2016 and 2020, when the strength of Donald Trump’s support was widely underestimated and with the continuing struggles of an industry that arose with the corded home telephone to adapt to the mass migration to cellphones and text messaging. A New York Times review of the forces driving the narrative of a coming red wave, and of that narrative’s impact, found new factors at play.
Trump Tax Returns Undermine His Image as a Successful Entrepreneur
DNyuz – Jim Tankersley, Susanne Craig, and Russ Buettner (New York Times) | Published: 12/30/2022
House Democrats released six years of former President Trump’s tax records, offering new insight into his business dealings that further undermined his long-cultivated image as a successful businessperson. The release contained thousands of pages of tax documents, including individual returns for Trump and his wife, as well as business returns for several of the hundreds of companies that make up his business organization.
Twitter Reverses Longstanding Ban on Political Advertising
MSN – Elizabeth Dwoskin (Washington Post) | Published: 1/3/2023
Twitter said it was relaxing its ban on political and issue-based advertising, a reversal of the company’s long-standing approach to paid political speech. The policy change, which comes at a moment when major advertisers are defecting from the social media platform, would allow candidates and advocacy groups to spend money to promote themselves and their causes on the service. The company announced the change and promised to “share more details” as the work got underway. There was no explanation of why Twitter made the changes or how extensive the changes would be.
From the States and Municipalities
Arizona – After Overwhelming Voter OK, Political ‘Dark Money’ Law Hailed as Model
Cronkite News – Emilee Miranda | Published: 12/23/2022
Proposition 211, which Arizona voters approved in November, requires independent organizations that spend $50,000 or more in an election cycle to support or oppose a candidate or issue in a statewide race identify any donors who gave $5,000 or more. The trigger for disclosure in local campaigns, such as city council or school board races, is $25,000. Supporters call the ballot measure a model for the rest of the country, while opponents call it a threat to free speech.
Arizona – Gov.-Elect Hobbs Refuses to Disclose Donors to Inaugural Party
Arizona Daily Star – Bob Christie (Capitol Media Services) | Published: 1/1/2023
Arizona Gov. Katie Hobbs is kicking off her term with a celebratory ball, a first for a new governor since Fife Symington had one in the 1990s. But Hobbs, who touted transparency as part of her leadership, has refused to disclose which people or corporations are paying for the party. The lack of full public disclosure extended to her taking the oath of office on January 2. That event was closed to the public and media, with the exception of a news photographer.
Arizona – Judge Rules Against Kari Lake in Bid to Overturn Arizona Election Results
MSN – Isaac Stanley-Becker and Yvonne Wingett Sanchez (Washington Post) | Published: 12/24/2022
A judge rebuffed an effort by Kari Lake, the defeated Republican candidate for governor in Arizona, to reverse the outcome of the November election, ruling against her after a trial that showcased speculation about systematic malfeasance at the polls but failed to prove it. The finding was in line with recent judgements against Abe Hamadeh and Mark Finchem, the unsuccessful candidates for attorney general and secretary of state, respectively, who also challenged their losses. The rulings show how the judiciary in Arizona rejected challenges to election results and affirmed the will of voters.
Arizona – Phoenix Council Members’ Suns Arena Suite Usage Raises Ethics Policy Questions
Yahoo News – Taylor Seely (Arizona Republic) | Published: 12/26/2022
For years, the city of Phoenix has had access to a luxury suite at the Footprint Center to promote economic development, but a controversy about city council members attending NBA playoff games and concerts the past two years is prompting discussion over whether or when such activity is ethically acceptable. While no one at City Hall says the council members violated the suite usage policy, some there are questioning whether it was appropriate for elected leaders to attend events in the skybox with campaign donors. Others wonder if it causes a perception problem.
California – Buried Treasure: California politicians stash $35 million in leftover campaign cash
MSN – Alexei Koseff and Ben Christopher (CalMatters) | Published: 12/21/2022
There are nearly 100 accounts belonging to political candidates in California with leftover campaign money. Some of the politicians holding onto past campaign contributions are simply waiting to figure out their next race, at which point they may tap into those eligible funds. Others are using the money to keep a foothold in the public arena, slowly spending down what is left on political donations, charitable contributions, and administrative expenses. Some of the money is merely sitting idle, in accounts where nothing much goes in or out, save interest and annual state filing fees.
California – Will Pay to Play Politics Be Curbed in the New Year?
Voice of OC – Spencer Custodio | Published: 1/3/2023
A new law in California aimed at curbing “pay-to-play” schemes at the local level across the state takes effect this year but questions are mounting on how effective it will be. The law mandates a 12-month waiting period for local elected officials to vote on items that could benefit campaign donors who gave $250 or more, among other provisions. Critics say it does not go far enough, arguing special interests can simply wait out the time restriction or bypass it by spending through PACs.
Florida – Florida’s Expanded Lobbying Ban Faces Legal Challenge. Some Officials Already Resigned
MSN – Anna Ceballos (Miami Herald) | Published: 12/30/2022
Five elected officials in Miami-Dade, Palm Beach, and Leon counties are suing to block new lobbying restrictions that are among the toughest in the country. The measures prohibit elected officials in the state from working as lobbyists while holding public office, and bar state and local elected officials from lobbying their state agencies or offices for six years after leaving office. The court will hear arguments in the case on January 27. In the meantime, a number of public officials will be forced to decide whether to quit public office or their private jobs, said attorney Scott Hiaasen.
Florida – Newly Released Records Show Top DeSantis Adviser Used Private Email and Alias to Coordinate Migrant Flights
MSN – Matt Dixon (Politico) | Published: 12/28/2022
Florida Gov. Ron DeSantis’s top safety official helped write language that helped a former legal client secure a state contract to oversee a controversial program to fly migrants from the southern border to Martha’s Vineyard. In the process, the official, Larry Keefe, used a non-public email address that made it appear emails were coming from “Clarice Starling,” the main character from “The Silence of the Lambs.” They show Keefe helping Vertol Systems, who he represented when in private legal practice, draft invoice language the company used when submitting its proposal to the Florida Department of Transportation.
Illinois – Mayor Lori Lightfoot Wanted Chicago Bears to Change Her Season Ticket Seats Over Security Concerns
MSN – Gregory Pratt (Chicago Tribune) | Published: 1/5/2023
Citing security concerns, Mayor Lori Lightfoot’s administration in 2019 requested “updating” her Chicago Bears season tickets, which she had held for years before being elected months earlier. Lightfoot’s security detail worried she would be hard to protect in the seats on the stadium’s 400 level, so they approached the Bears about moving her to a different location. Team officials worked with Lightfoot’s representatives to try to move the mayor’s seats, but the Bears had a problem of their own. A 2016 city ethics board ruling complicated the question of whether they could offer the mayor a free or even face-value upgrade.
Kansas – A Battle Over Subpoenas of Kansas Republican Officials Is Heating Up. Here Is What’s at Stake.
Yahoo News – Andrew Bahl (Topeka Capital Journal) | Published: 12/27/2022
A judge declined a request from the Kansas Governmental Ethics Commission to shield from the public hearings and documents related to a court tussle over subpoenas of top Republican Party officials. The cases regarding each of the seven individuals are at varying stages of adjudication, with the matter dismissed for some but ongoing for others. Attorneys for some of the defendants have sought to strike the commission’s court efforts under a state statute designed to crack down on lawsuits that are deemed to silence citizens.
Kansas – Newly Elected Kansas Attorney General Kris Kobach Fined $30,000 by FEC for Illegal Contribution from ‘WeBuildTheWall’ Scam Organization
Yahoo News – Bryan Metzger (Business Insider) | Published: 12/30/2022
Incoming Kansas Attorney General Kris Kobach was fined $30,000 by the FEC for violating campaign finance laws during a failed 2020 U.S. Senate campaign. Kobach’s campaign rented the email list of “WeBuildTheWall, Inc.” for just $2,000 in 2019, significantly below the normal rate for corporate list rentals. The FEC found that discrepancy constituted an illegal in-kind contribution from a corporation.
Maryland – Nick Mosby Files Last-Minute Rebuttal to Ethics Charges, Suggesting Next Week’s Court Hearing Will Be Delayed
Baltimore Brew – Mark Reutter | Published: 1/3/2023
The Baltimore Board of Ethics asked a judge to penalize city council President Nick Mosby for noncompliance, saying he “is seeking only to delay” the proceedings in a case concerning a fundraiser that collected over $14,000, including $5,100 from persons doing business with the city, for Mosby’s legal defense fund. A fine of up to $1,000 a day can be imposed for failing to follow a city ethics order. Mosby’s attorney recently filed a court document that argues the board misapplied ethics rules and prohibitions against gifts to elected officials to ensnare his client, which is likely to further delay a hearing in the matter.
Montana – Lawmakers Deadlock on Political Practices Commissioner
Montana Free Press – Alex Sakariassen | Published: 1/3/2023
A panel of four state legislators reached an impasse over who should become Montana’s next commissioner of political practices. Now, the task of selecting a candidate falls squarely on Gov. Greg Gianforte, whose office has yet to provide a glimpse of any frontrunner. Five candidates appeared before the committee to answer questions about their past political affiliations, lobbying activity, and understanding of the commissioner’s responsibilities in state government.
New Jersey – NJ Law Is Meant to Increase Campaign Finance Transparency. It Also Guts Local Pay-to-Play Rules.
Gothamist – Nancy Solomon | Published: 12/26/2022
The New Jersey Legislature is on the verge of changing the state’s campaign finance restrictions, despite opposition from good government groups. The Elections Transparency Act would double the amount individuals or groups could give to non-gubernatorial candidates, parties, and county party organizations. It also would dismantle local laws that prohibit campaign donations from people who do business directly with local government and regulate all those contributions through state law instead.
New Mexico – Albuquerque Officials Will Have to Reveal More About Their Personal Finances in 2023
Albuquerque Journal – Jessica Dyer | Published: 1/1/2023
Albuquerque Mayor Tim Keller signed legislation updating the city’s ethics code regarding how much financial information the mayor and council members must reveal. City Clerk Ethan Watson said the new rules mirror financial disclosure standards once proposed for state officials but never adopted at that level. He said Albuquerque is now at the forefront of transparency policy.
New York – New York State Lawmakers to Be the Highest Paid in Nation at $142,000
Yahoo News – Joseph Spector (Politico) | Published: 12/22/2022
The New York Legislature voted to increase the pay of lawmakers who take office on January 1 from $110,000 to $142,000 a year, making it by far the highest paid state legislative body in the country. The next highest is California where lawmakers get $122,694. Gov. Kathy Hochul signed the bill into law. Democrats defended the 29 percent increase, saying their salaries were stuck at $79,500 for 20 years before jumping to $110,000 in 2019 after a recommendation from a special compensation committee. The deal also includes limiting lawmakers’ outside income to no more than $35,000 a year.
North Carolina – New Year Brings Higher Limits for North Carolina Campaign Contributions
The Center Square – Victor Skinner | Published: 1/4/2023
The new year triggered higher campaign contribution limits in North Carolina to candidates and political committees, with the cap now set at $6,400. The State Board of Elections recalculates the donation limit every odd-numbered year based on the Consumer Price Index.
North Carolina – North Carolina Will Not Prosecute Mark Meadows for Voter Fraud
MSN – Meryl Kornfield and Kyle Rempfer (Washington Post) | Published: 12/30/2022
Mark Meadows, who was chief of staff to President Trump, will not be charged for voter fraud related to his 2020 registration and absentee vote in North Carolina, the state’s chief law enforcement official said. Meadows was under investigation after media reports that said the voter registration for Meadows listed a mobile home in Scaly Mountain, North Carolina he had never owned, stayed at, or visited.
Ohio – FirstEnergy Secretly ‘Engaged’ Corey Lewandowski to Lobby Trump for a Public Bailout, Subpoenaed Records Confirm After Years of Denials
Energy and Policy Institute – Dave Anderson | Published: 12/22/2022
FirstEnergy secretly ‘engaged’ Donald Trump’s former campaign manager, Corey Lewandowski, to lobby the White House to deliver a public bailout for the utility company’s coal and nuclear power plants in 2017 and 2018, records released by the Ohio Consumers’ Counsel show. Lewandowski never registered as a federal lobbyist during the Trump administration and has for years denied worked for FirstEnergy as the company lobbied to secure a federal bailout.
Ohio – FirstEnergy to Pay $3.9M Fine for Withholding Lobbying Info from Federal Regulators
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 1/3/2023
FirstEnergy will pay $3.9 million for failing to fully provide the Federal Energy Regulatory Commission (FERC) with requested lobbying and accounting information. The utility admitted it violated the FERC’s “duty of candor” rule and agreed to two years of compliance monitoring. FirstEnergy is continuing to work through issues related to bribes it doled out in support of House Bill 6, energy legislation in Ohio that provided about $1 billion to two nuclear power plants owned by a former subsidiary.
Oregon – The State Elections Director Advocated for Compliance and Investigations. Her Boss Says She ‘Didn’t Get It.’
Willamette Week – Nigel Jaquiss | Published: 1/4/2023
Deborah Scroggin’s resignation as Oregon’s elections director came 18 months after Secretary of State Shemia Fagan hailed her hiring following a nationwide search. But emails and interviews reveal Scroggin, a stickler for rules and transparency, and Fagan, who rose rapidly to the state’s second-highest office based on her bold approach to politics, were never on the same page. Initially, the Associated Press reported Scroggin stepped down because of the pressure of dealing with misinformation about elections. But when reporters asked her to confirm that explanation, Scroggin said Fagan had, in fact, asked for her resignation.
Pennsylvania – Mayoral Candidate Allan Domb Has Triggered the ‘Millionaire’s Amendment’ for Campaign Fundraising
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 1/4/2023
Mayoral candidate and real estate magnate Allan Domb triggered the “millionaire’s amendment” of Philadelphia’s political fundraising rules, which doubles the annual limits on how much money campaigns can raise from donors if any candidate gives their campaign $250,000 or more out of their own pocket. The limit on contributions from individuals is now $6,200, and $25,000 on donations from corporations or political committees. The provision stays in effect even if Domb drops or out of the race.
Pennsylvania – Philly’s Board of Ethics Has Fined Councilmember Kenyatta Johnson and Mayoral Candidate Allan Domb
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 12/22/2022
Philadelphia City Councilperson Kenyatta Johnson and former council member Allan Domb agreed to pay $2,000 in fines for violating city ethics rules in unrelated cases that involve mishandling required disclosures of real estate interests. Domb failed to follow the city’s process for disclosing conflicts-of-interest when the council considered legislation that affected a property in which he has an ownership stake. Johnson was investigated for failing to list rental income on his public financial disclosure after The Philadelphia Inquirer reported the omission.
Texas – Individuals and Other Politicians Can Spend Money on Texas House of Representatives Race, Court Agrees
MSN – Robert Garrett (Dallas Morning News) | Published: 1/4/2023
A federal judge permanently barred the state from enforcing laws that prevent outside money from being spent on a race for Texas House speaker. Three individuals had sued, saying they wished to make expenditures on behalf of Rep. Tony Tinderholt, who is challenging current Speaker Dade Phelan. The trio argued the restrictions violate the First Amendment, specifically its protections for freedom of speech and association.
December 23, 2022 •
News You Can Use Digest – December 23, 2022
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National/Federal An ‘Imperial Supreme Court’ Asserts Its Power, Alarming Scholars Yahoo News – Adam Liptak (New York Times) | Published: 12/19/2022 The conventional critique of the U.S. Supreme Court these days is that it has lurched to the right and is […]
National/Federal
An ‘Imperial Supreme Court’ Asserts Its Power, Alarming Scholars
Yahoo News – Adam Liptak (New York Times) | Published: 12/19/2022
The conventional critique of the U.S. Supreme Court these days is that it has lurched to the right and is out of step with the public on many issues. Recent legal scholarship makes a deeper point, saying the current court is distinctive in a different way: it has rapidly been accumulating power at the expense of every other part of the government.
Bribery Case Cracks Open European Parliament – and Finds Hidden Cash
DNyuz – Matina Stevis-Gridneff, Monika Pronczuk, Tariq Panja, and Sarah Hurtes (New York Times) | Published: 12/15/2022
Belgian authorities uncovered what prosecutors say was a cash-for-favors scheme at the heart of the European Union. It highlighted the vulnerabilities in an opaque, notoriously bureaucratic system that decides policies for 450 million people in the world’s richest club of nations. The investigation has jolted Brussels and unleashed a flurry of whispered accusations of corrupt behavior by lawmakers of all political stripes. It has also sparked scrutiny of foreign influence at a time when the European Union is asserting itself on issues like human rights and the war in Ukraine.
Congress Passes Bill to Rein in Conflicts of Interest for Consultants Such as McKinsey
ProPublica – Ian MacDougall | Published: 12/16/2022
Congress passed a bill that takes aim at the risk of improper influence when government contractors work for both federal agencies and private-sector clients. President Joe Biden is expected to sign the legislation. The bill makes several changes to federal contracting rules. It includes provisions requiring contractors to disclose information about potential conflicts-of-interest and clarifying when a contractor’s work for outside clients may create such a conflict. The bipartisan group of senators who sponsored the bill cited the consulting giant McKinsey & Company’s work for the Food and Drug Administration.
House Committee Votes to Make Public Trump’s Tax Returns
MSN – Michael Kranish, Jonathan O’Connell, Amy Wang, Azi Paybarah, and Marianna Sotomayor (Washington Post) | Published: 12/20/2022
The House Ways and Means Committee voted to release former President Trump’s tax returns, capping a protracted legal and political battle. After the vote, the committee revealed the IRS did not audit Trump’s returns during his first two years in office, despite a rule mandating such reviews, and never completed any audits while he served. The IRS began its first audit of Trump’s returns on the same day that Ways and Means Committee Chairperson Richard Neal sent a written request in April 2019 for the information and then assigned the bulk of the work to just one agent, the panel said.
In Testimony, Hannity and Other Fox Employees Said They Doubted Trump’s Fraud Claims
Seattle Times – Jeremy Peters (New York Times) | Published: 12/21/2022
Sean Hannity said in a sworn deposition he did not believe Sidney Powell’s claims that voting machines were rigged to help Joe Biden in the 2020 election when she appeared on his show. Dominion Voting Systems is suing Fox News for defamation. Hannity’s disclosure, along with others that emerged from court about what Fox News executives and hosts really believed as their network became one of the loudest megaphones for lies about the 2020 election being stolen from Donald Trump, is among the strongest evidence yet to emerge publicly that some Fox employees knew what they were broadcasting was false.
Jan. 6 Panel Urges Trump Prosecution with Criminal Referral
MSN – Eric Tucker, Mary Claire Jalonick, and Farnoush Amiri (Associated Press) | Published: 12/19/2022
The House committee investigating the January 6 insurrection recommended criminal charges against former President Trump and associates who helped him launch a wide-ranging campaign to overturn his 2020 election loss. The committee alleged violations of four criminal statutes by Trump, in both the run-up to the riot and during the insurrection itself, as it recommended the former president for prosecution to the Justice Department. Among the charges is aiding an insurrection, an effort to hold him directly accountable for his supporters who stormed the Capitol that day.
Lawyer for Key Jan. 6 Witness Seeks to Rebut Panel’s Claim of Interference
MSN – Maggie Haberman and Luke Broadwater (New York Times) | Published: 12/20/2022
A former lawyer for a White House aide who became a key witness for the January 6 House select committee took a leave of absence from his law firm and defended himself against what he said were false insinuations that he had interfered with his client’s testimony. Stefan Passantino represented Cassidy Hutchinson, an aide to the White House chief of staff at the end of the Trump administration. The committee suggested that people connected to Donald Trump had attempted to influence at least one witness’s testimony, promising her jobs that never materialized and coaching her to be less than forthcoming with the panel.
Scam PAC Operator Uncovered by CNN’s KFile Pleads Guilty in Federal Court
MSN – Andrew Kaczynski and Em Steck (CNN) | Published: 12/20/2022
Matthew Tunstall pleaded guilty to conspiracy to commit wire fraud and money laundering while operating two so-called scam PACs during the 2016 election and collecting more than $3 million from unwitting donors. Tunstall was one of three men the Justice Department charged with multiple counts in perpetuating the fraud. The scheme tricked people into giving them money by using robocalls and written solicitations meant to imply they were supporting 2016 presidential candidates. The PACs’ operators used the funds to enrich themselves and pay for more robocalls and radio advertisements.
Skepticism Before a Search: Inside the Trump Mar-a-Lago documents investigation
Anchorage Daily News – Devlin Barrett, Jacqueline Alemany, Perry Stein, Josh Dawsey, Ann Marimow, and Carol Leonnig (Washington Post) | Published: 12/21/2022
FBI officials had a lot to worry about as they discussed whether to search one of Donald Trump’s homes for evidence of crimes. They decided any search warrant should be authorized by the attorney general himself, and they did not want the former president to be at Mar-a-Lago when it happened. The FBI also was wary of the remote possibility of a confrontation between the federal agents searching the location and the Secret Service agents who guard the former president. Leaders of the Justice Department were proceeding cautiously as well, agreeing with the FBI on these points even as tensions sometimes flared between agents and prosecutors.
‘THE Central Issue’: How the fall of Roe v. Wade shook the 2022 election
Yahoo News – Elena Schneider and Holly Otterbein (Politico) | Published: 12/19/2022
In May 2022, the midterm elections looked bleak, if not disastrous, for Democrats. But in dozens of focus groups, held by Democrats and Republicans in the wake of the U.S. Supreme Court’s ruling that struck down Roe v. Wade, campaign strategists kept making the same finding: abortion had not simply awakened Democratic voters, it was influencing swing voters. In many battleground and red-leaning states and districts, especially where Democrats spent millions of dollars to keep it at the forefront for voters, abortion access played an outsized role, reversing the party’s once abysmal outlook and stemmed the GOP’s expected “red wave.”
This Year’s Ballot Measures Will Change How Many Americans Vote
Center for Public Integrity – Aaron Mendelson | Published: 12/15/2022
Voting itself was on the ballot in the 2022 midterm elections, with initiatives seeking to revamp election laws in states across the country. Measures that promoted early voting and increased access to the ballot box saw wins in multiple states, but so did restrictive proposals that tightened voter ID laws or barred non-citizens from voting on local matters. The ballot measures suggest voters may take a more nuanced view on democracy than the politicians they elect, said Jasleen Singh of the Brennan Center for Justice.
Top Government Ethics Officer Was Late Disclosing His Personal Finances on Multiple Occasions
MSN – Kimberly Leonard (Business Insider) | Published: 12/20/2022
Office of Government Ethics General Counsel David Apol missed deadlines to report at least 12 different financial transactions since 2015. In two instances representing five transactions, he filed his federally mandated reports several months passed the deadline. Improperly reporting purchases and sales of bonds or stocks is a violation of the STOCK Act. Apol paid a fine for a late disclosure in 2020, certified documents show. His responsibilities include reviewing financial disclosures and writing ethics guidance for nearly 3 million federal employees.
U.S. Scrutinizes Political Donations by Sam Bankman-Fried and Allies
DNyuz – Kenneth Vogel and Ken Bensinger (New York Times) | Published: 12/17/2022
After cryptocurrency entrepreneur Sam Bankman-Fried was charged with multiple crimes, including campaign finance violations, prosecutors reached contacted campaigns and committees that had received millions of dollars from Bankman-Fried and his colleagues. The Justice Department’s inquiries appear to be an effort to gather evidence against Bankman-Fried and other former FTX executives, rather than against their political beneficiaries. Bankman-Fried is accused of conspiring with unnamed others to violate campaign finance laws that prohibit corporate donations to candidates’ campaigns and bar “straw donations.”
While Advising Trump on Judges, Conway Sold Her Business to a Firm with Ties to Judicial Activist Leonard Leo
MSN – Heidi Przybyla (Politico) | Published: 12/20/2022
Judicial activist Leonard Leo appears to have helped facilitate the sale of former White House adviser Kellyanne Conway’s polling company in 2017 as she was playing a key role in advocating for Leo’s handpicked list of U.S. Supreme Court candidates. The transaction came at a critical moment for Conway, shortly after her ownership of The Polling Company had come under scrutiny from a congressional committee for potential “conflicts-of-interest,” likely creating pressure to unload it even though its value was unclear because she was its biggest asset and committed to her White House job.
From the States and Municipalities
Arizona – Campaign Donors Attended Suns Games, Concerts with Council Members in Phoenix Suite
Axios – Jessica Boem | Published: 12/21/2022
Donors to Phoenix City Council campaigns attended concerts and sporting events with those council members in a city suite. The suite is to be used to promote the city, host distinguished guests, and enhance relationships with public agencies. It can also be used for youth groups or adults with developmental disabilities. Councilperson Laura Pastor said as the chair of the Economic Development and Equity Subcommittee, her time in the suite was “spent promoting the city and building strong relationships with businesses and labor groups.”
California – Beverly Hills Developer Gets 4 Years in Prison for Bribing L.A. County Official
MSN – Michael Finnegan (Los Angeles Times) | Published: 12/15/2022
A developer was sentenced to four years in prison for bribing a Los Angeles County official. Arman Gabaee admitted giving Thomas Shepos dozens of cash payoffs during furtive meetings in cars, restaurants, and men’s rooms while reaping lucrative real-estate leases in return. He also offered to buy Shepos a $1-million home in return for the county spending $45 million to lease office space at a Gabaee property. U.S. District Court Judge George Wu called the case an example of “systemic” public corruption. “There is so much of it going around,” the judge said.
California – Oakland Councilmember Rebecca Kaplan Fined $19,000 for Not Disclosing Property She Owned
MSN – Shomik Mukherjee (Bay Area News Group) | Published: 12/15/2022
Oakland City Council member Rebecca Kaplan was fined $19,000 for voting to fund millions of dollars in improvements for a large waterfront park after failing to disclose she and her parents owned a condominium nearby. Investigators determined Kaplan most likely made an honest mistake, though she had enough experience to know better. She did not list the condo’s address on her Form 700, in which elected officials must disclose annually their real property interests, later telling investigators she had not fully understood the reporting requirements.
Colorado – $10,000 Contribution to County Commissioner Did Not Require Recusal, Appeals Court Says
Denver Gazette – Michael Karlik (Colorado Politics) | Published: 12/16/2022
A judge was wrong to conclude a Larimer County Commission member needed to recuse himself from a land-use vote in which one of the parties was responsible for nearly 20 percent of his campaign contributions, the Colorado Court of Appeals ruled. Applying U.S. Supreme Court precedent, Judicial District Court Judge Juan Villaseñor considered the contributions so outsized as to suggest Donnelly would not be a neutral decision-maker, which is a key component of due process.
Colorado – The Fair Elections Fund Rollout Is Facing Issues. City Council and the Clerk and Recorder’s Office Are Discussing Last-Minute Fixes
Denverite – Kyle Harris | Published: 12/14/2022
The rollout of Denver’s Fair Election Fund, which aims to level the playing field between well-funded candidates and those with fewer resources, has been sort of messy. The April 4 election cycle is well underway, but questions about issues like donation limits, the qualifying period, and reporting deadlines linger. Now, the Clerk and Recorder’s Office is taking tweaks to the rules to the city council’s Finance and Governance Committee, hoping to make last-minute changes.
Connecticut – Bacon Brothers and Lobbyists Are Players at Lamont’s Inaugural Ball
MSN – Mark Pazniokas (Connecticut Mirror) | Published: 12/20/2022
Connecticut Gov. Ned Lamont’s second inaugural ball on January 4 will feature live music by the Bacon Brothers and a pre-party reception with the governor to thank sponsors who give as much as $25,000. Inaugural balls are perhaps the last place where a lobbyist or state contractor can exceed a $50 annual limit on entertaining an elected official. Contributions to an inaugural are deemed a gift to the state, not an individual. The inauguration itself is free and open to the public.
Florida – Miami Beach Limits Developers’ Spending on Elections. Here’s How They Get Around It
MSN – Aaron Leibowitz (Miami Herald) | Published: 12/16/2022
Developers and lobbyists seeking certain city approvals in Miami Beach, as well as active city vendors, are barred from donating to campaigns under rules that have expanded over the past two decades. The city’s laws, which are among the strictest in Miami-Dade County, say those on a list maintained by the city clerk’s office, cannot give to campaigns, either “directly or indirectly.” A Miami Herald review found that despite the city’s efforts to curb the influence of money in politics, Miami Beach developers routinely circumvent the rules and give to campaigns in various ways.
Florida – Pompano Vice Mayor Beverly Perkins Accused of Misusing Leftover Campaign Funds in 2020 Election
MSN – Lisa Huriash (South Florida Sun-Sentinel) | Published: 12/20/2022
Pompano Beach Vice Mayor Beverly Perkins, under investigation by Broward’s top government watchdog, is accused of misusing thousands of dollars in leftover campaign funds following her successful reelection campaign in 2020. The Broward Office of the Inspector General found Perkins and her treasurer made 22 post-election expenditures totaling $7,381.92, including J. Mark’s Restaurant and Bar, Costco, and Dollar Tree. The inspector general’s office will refer the case to prosecutors.
Hawaii – Honolulu Teacher Violated Ethics by Accepting $16,600 From School Volunteer
Honolulu Civil Beat – Viola Gaskell | Published: 12/16/2022
The Hawaii Ethics Commission said a teacher at Moanalua Elementary School must return $16,600 given to her by an elderly donor who volunteered at the school. The donor gave Irene Bayudan six cashier’s checks while working on volunteer projects with her at the school, all of which she deposited into her personal bank account. The donor told the commission he gave Bayudan the money because “he felt that teachers were underpaid and he wanted to help her out.”
Illinois – Judge Gives 16 Months to Chinatown Developer Whose Cooperation Helped Kick Off Massive Corruption Probe
MSN – Jason Meisner (Chicago Tribune) | Published: 12/21/2022
Developer See Wong was sentenced to 16 months in prison for a $1.65 million fraud scheme stemming from a condominium project in Chicago that collapsed amid the global financial crisis in the late 2000s. Wong received a break on his sentence because of his cooperation with federal authorities – including wearing a wire on former Ald. Daniel Solis – that helped ensnare Solis, former Ald. Edward Burke, and ex-House Speaker Michel Madigan in what has become one of the biggest public corruption cases ever brought in Chicago.
Maryland – Ethics Board Asks Judge to Fine Council President Mosby $1,000 Per Day
MSN – Chris Berinato and Maxine Streicher (WBFF) | Published: 12/20/2022
The Baltimore City Board of Ethics is asking a judge to fine city council President Nick Mosby up to $1,000 per day for failing to comply with its order to stop fundraising and disclose legal defense fund donors. In May, the Board determined Mosby violated ethics rules when a legal defense fund was established in his name and some contributions had come from city contractors.
Maryland – Harford County Withholds Jacob Bennett’s Council Paycheck Amid Lawsuit
MSN – Jason Fontelieu (Baltimore Sun) | Published: 12/20/2022
Harford County Councilperson Jacob Bennett did not receive a paycheck from the county when council members were paid. Bennett has faced backlash from County Executive Bob Cassilly due to a provision in the law that Cassilly believes prevents Bennett from serving on the council while maintaining his job as a public-school teacher. Lawyers for the Maryland State Education Association and Harford County Public Schools have said there is no conflict-of-interest preventing Bennett from serving on the council.
Massachusetts – A Charlie Baker-Aligned Super PAC Broke State Law by Touting Him as ‘Special Guest’ at Fundraiser, Regulators Say
MSN – Matt Stout (Boston Globe) | Published: 12/16/2022
A super PAC aligned with Massachusetts Gov. Charlie Baker broke state campaign finance law when it advertised him as a special guest at a summer fundraiser, despite being previously warned by regulators that using Baker’s name to raise cash was not allowed, according to a letter officials sent the group. The Massachusetts Majority PAC was forced to purge $17,500, the amount it raised from the event. State law strictly prohibits coordination between candidates and super PACs, including barring elected officials from helping “finance” a PAC.
Minnesota – Lobbying Law Could Squeeze Some Minnesota Legislators
MPR News – Brian Bakst | Published: 12/16/2022
A lobbying law about to take effect in Minnesota aims to bar legislators from working for entities that exist primarily for lobbying or government affairs work. The same prohibition would apply to lawmakers who take on certain roles at organizations that employ or contract with lobbyists. Depending on how the statute is interpreted and enforced, it could require some lawmakers to choose between serving in the Legislature or continuing in their outside occupations. Campaign Finance and Public Disclosure Board Executive Director Jeff Sigurdson said one aspect of the law redefined who could fall under the lobbyist umbrella.
Minnesota – Regulators Push for More Financial Transparency in Minnesota Politics
Minneapolis Star Tribune – Jessie Van Berkel | Published: 12/17/2022
Spouses of public officials in Minnesota, unlike many other states, do not publicly report their financial interests. That would change if legislators follow the direction of the state’s Campaign Finance and Public Disclosure Board, which made numerous recommendations largely aimed at improving transparency in campaigns and government. The board also proposed regulating cryptocurrency donations to campaigns and expanding public reporting on lobbying and on ads that do not expressly advocate for a candidate but can influence votes.
Nevada – For These Nevada Lobbyists, Politics Is a Family Affair
MSN – Taylor Avery (Las Vegas Review-Journal) | Published: 12/17/2022
Having the opportunity to follow in a family member’s footsteps and carry on the legacy of their work is a dream many envision but few realize. In Nevada’s political sphere, however, many have successfully taken up the helm and followed their parents into the world of lobbying. Even before joining his father’s firm, the Ferraro Group, becoming a lobbyist was Tommy Ferraro’s dream job since “Day One.”
New York – Foes of Drag Queen Story Hours Invade New York Councilman’s Home
DNyuz – Liam Stack (New York Times) | Published: 12/20/2022
Protesters descended on the home and the office of a gay member of the New York City Council, vandalizing the walls with homophobic graffiti and attacking one of his neighbors over his support for Drag Story Hour events at local libraries. The council member, Erik Bottcher, documented the vandalism on social media, where he also shared a video of protesters screaming and banging on his office door. Drag story hour events have drawn an increasing number of protests and threats across the country in recent years, including a series of tense demonstrations in New York, a city known for its inclusivity.
New York – Who Is Rep.-Elect George Santos? His Résumé May Be Largely Fiction.
Yahoo News – Grace Ashford and Michael Gold (New York Times) | Published: 12/19/2022
George Santos’ upset victory in a Long Island district helped Republicans gain control of the U.S. House. His campaign biography amplified his storybook journey. He is the son of Brazilian immigrants and is the first openly gay Republican to win a U.S. House seat as a non-incumbent. By his account, he became a “seasoned Wall Street financier and investor” with a family-owned real estate portfolio and an animal rescue charity. But a New York Times review of public documents and court filings, as well as various attempts to verify claims that Santos made on the campaign trail, calls into question key parts of the résumé he sold to voters.
North Carolina – N.C. Court Strikes Down Voter ID Law as Intentional Racial Discrimination
MSN – Eugene Scott, Azi Paybarah, and Amy Gardner (Washington Post) | Published: 12/16/2022
The North Carolina Supreme Court struck down a state voter identification law, ruling Republican lawmakers acted unconstitutionally to minimize Democratic voters’ power with a law that intentionally discriminated against Black voters. Senate Bill 824 required every voter to present one of a few specific forms of photo identification, a measure the justices ruled was passed in part to discriminate against Black voters. Despite most voters having at least one of the forms of identification, the risk of having voters suppressed was very real, they said.
Ohio – Butler County Auditor Found Guilty on One Felony Count
WCPO – Lauren Pack and Rick McCrabb | Published: 12/21/2022
A jury found Butler County Auditor Roger Reynolds guilty of one of the five charges he faced in a public corruption trial. Because he was convicted of a felony, he will not be able to serve as auditor. The charge was related to Reynolds advocating for Lakota Schools to build a golf academy at a private country club with tax money that school districts receive from the auditor’s office.
Ohio – FirstEnergy Execs Promised DeWine Administration Would ‘Step In’ for Scandal-Tainted HB6, Emails Show
MSN – Jake Zuckerman and Jeremy Pelzer (Cleveland Plain Dealer) | Published: 12/22/2022
A FirstEnergy executive privately pledged that Ohio Gov. Mike DeWine’s administration would “step in” to support legislation now at the center of the largest public corruption scheme in state history, documents show. As the tainted legislation neared the finish line in 2019, FirstEnergy executives discussed deploying lawmakers and top state officials to push for the law’s passage. Prosecutors allege FirstEnergy paid roughly $60 million to a nonprofit controlled by then-House Speaker Larry Householder so he would champion a bailout of two nuclear plants and energy legislation worth more than $1.3 billion to the company and its subsidiary.
Ohio – Three Former Toledo City Councilmembers Plead Guilty in Corruption Probe
MSN – Adam Ferrise (Cleveland Plain Dealer) | Published: 12/16/2022
Three of four former Toledo City Council members accused of soliciting and taking bribes in exchange for votes pleaded guilty to federal charges. Yvonne Harper pleaded guilty to conspiracy to commit bribery, and Larry Sykes and Tyrone Riley each pleaded guilty to one count of extortion. The FBI in July 2020 arrested the group, along with attorney Keith Mitchell, in connection with the probe that shined a light on the tactics the council used to line their pockets with cash in exchange for favors. The four former members of council represented one-third of council at the time of the arrests. All four later resigned from council.
Oregon – Oregon Agencies Scrutinize Controversial Fiber-Optic Deal in Morrow County
MSN – Mike Rogoway (Portland Oregonian) | Published: 12/15/2022
The nonprofit Inland Development Corp. provides fiber-optic internet connections for local government offices and health care agencies. It also served businesses in Morrow County, including Amazon, which has spent more than $8 billion dollars building large data centers in the remote Oregon community. Inland sold the business side of its organization to four local officials as Amazon was seeking new tax breaks. The transaction positioned the local officials to profit from Amazon’s continued growth in the county. The buyers continued to participate in some votes on issues affecting Amazon after the purchase.
South Carolina – SC Coroner Flouts Transparency Laws, Hires Ex-SC State Police Chief Caught in Scam
Charleston Post and Courier – Tony Bartelme | Published: 12/18/2022
In 2019, Michael Bartley applied for a part-time job as a county deputy coroner. He seemed well-qualified, with previous mortuary experience and having served as police chief at South Carolina State University. When asked on a hiring questionnaire whether he had ever stolen anything from his employers, Bartley wrote no. Left unmentioned was his guilty plea to federal charges that he used his public law enforcement job for personal gain in a kickback scheme involved a kickback scheme. His boss, Orangeburg County Coroner Samuetta Marshall, owes the state Ethics Commission $12,430 over violations of open government rules.
South Dakota – Ethics Board Dismisses Noem Plane Case, Says Law Is Unclear
MSN – Stephen Groves (Associated Press) | Published: 12/20/2022
The Government Accountability Board dismissed a complaint against South Dakota Gov. Kristi Noem for using state government aircraft to attend events hosted by political organizations because state law does not define what is meant by “state business.” “It is not felt that the board has authority to establish a definition of state business,” board member David Gienapp said, and suggested that was the purview of the Legislature. Hughes County State’s Attorney Jessica LaMie said in October that her office found “no basis” to pursue charges on the allegations that Noem had misused the state plane or that the plane’s flight records had been altered.
Texas – Grid Reforms Becomes Power Company Lobbyist
Texas Observer – Justin Miller | Published: 12/20/2022
The former chairperson of the House State Affairs Committee, Chris Paddie, has registered as a lobbyist. Though many other Texans have gone straight from public office into private sector lobbying, Paddie’s case is unique in that it poses a challenge to an untested “revolving door” law. That law is one of the state’s few restrictions on a former elected official’s otherwise unfettered ability to capitalize on insider access and legislative expertise.
Virginia – Virginia Subcommittee on Campaign Finance Reform Still Failing to Complete Only Job
Virginia Mercury – Graham Moomaw | Published: 12/21/2022
For a second year in a row, the subcommittee created to take a “comprehensive” look at whether Virginia needs stronger limits on money in politics appears to be failing to complete its only task. It has not met in 2022 and no meeting dates have been set ahead of the 2023 legislative session that starts in January. Virginia currently has virtually no limits on how much money political campaigns can accept from one source and no law prohibiting politicians from spending that money on themselves instead of their campaigns.
Washington DC – Rudy Giuliani Likely Committed Misconduct Over 2020 Election, DC Bar Panel Finds
MSN – Zoe Tillman (Bloomberg) | Published: 12/15/2022
Attorney disciplinary regulators recommended Rudy Giuliani be disbarred in Washington, D.C., after a local bar association panel’s preliminary finding he likely committed misconduct in pressing Donald Trump’s failed legal challenge to President Biden’s 2020 win in Pennsylvania. Disciplinary Counsel Hamilton Fox argued the severe sanction was appropriate because Giuliani’s conduct in Pennsylvania was part of a broader effort to undermine the legitimacy of an election. The hearing committee’s decision is not final and could change as the case continues to wind through the District of Columbia Bar Association’s disciplinary process.
December 15, 2022 •
News You Can Use Digest – December 16, 2022
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National/Federal Advocates Seek Federal Investigation of Multistate Effort to Copy Voting Software MSN – Emma Brown, Aaron Davis, and Jon Swaine (Washington Post) | Published: 12/12/2022 An effort by supporters of former President Trump to copy sensitive voting software in multiple […]
National/Federal
Advocates Seek Federal Investigation of Multistate Effort to Copy Voting Software
MSN – Emma Brown, Aaron Davis, and Jon Swaine (Washington Post) | Published: 12/12/2022
An effort by supporters of former President Trump to copy sensitive voting software in multiple states after the 2020 election deserves attention from the federal government, including a criminal investigation and assessment of the risk posed to election security, according to election-security advocates. They said by copying voting software and circulating it “in the wild,” partisan election deniers have created a digital road map that could help hackers alter results or disrupt voting.
‘Dark Money in Politics an Even Darker Place’ Now, Judges Warn
Washington Post – Rachel Weiner | Published: 12/14/2022
Watchdogs looking to toughen federal enforcement of campaign finance laws will not get any help from the judiciary after an appellate court ruling that advocates and some judges warn will lead to more untraceable election spending. A nonprofit asked the U.S. Court of Appeals for the District of Columbia Circuit to take another look at a decision that prevented courts from reviewing FEC decisions or stopped private parties from challenging the commission’s decisions for cases in which the agency invokes “prosecutorial discretion.” Writing for the three-judge panel, Judge Neomi Rao said, “prosecutorial discretion is not judicially reviewable.”
DOJ: Barrack, Wynn losses won’t derail foreign influence crackdown
MSN – Caitlin Oprysko (Politico) | Published: 12/8/2022
The head of the Justice Department’s counterintelligence division vowed the department would not be deterred by a string of recent legal setbacks in its attempts to crackdown on foreign influence efforts in the United States. “We will continue to bring hard cases,” Jay Bratt said at a conference for Foreign Agents Registration Act (FARA) lawyers. Bratt was pushing back on the suggestion by some FARA practitioners that the recent acquittal of Tom Barrack on charges of illegal foreign lobbying could trigger a retrenchment by the department.
Ex-Venezuelan Treasurer, Husband Convicted of Corruption in First Trial of Its Kind in Florida
MSN – Jay Weaver and Antonio Maria Delgado (Miami Herald) | Published: 12/13/2022
A former Venezuelan national treasurer and her husband were found guilty of accepting tens of millions of dollars in bribes and moving their tainted money to Miami. Claudia Díaz Guillen and her husband, Adrian Velásquez Figueroa, were convicted after a few hours of deliberations by a federal jury of money laundering conspiracy and related charges. Díaz was the first former Venezuelan official to face trial among dozens of elite businessmen, lawyers, and officials who have been charged with foreign corruption extending from their homeland to South Florida, a hub for so-called kleptocrats seeking a haven for their ill-gotten fortunes, federal authorities say.
FTX Founder Bankman-Fried’s Campaign Finance Charges ‘Just the Tip of the Iceberg’
MSN – Julia Manchester (The Hill) | Published: 12/13/2022
FTX founder Sam Bankman-Fried was charged with violating a slew of campaign finance laws, marking another major blow for the former cryptocurrency leader. The federal indictment alleged that in addition to committing securities and wire fraud, Bankman-Fried gave a minimum of $25,000 in campaign finance donations to campaigns and PACs “in the names of other persons.” He was one of the most prominent donors in this campaign cycle. Citizens for Responsibility and Ethics in Washington had filed a complaint requesting the FEC investigate Bankman-Fried for campaign finance violations.
GOP Operative Who Allegedly Kicked a Dog Hired as Top Aide to New Congressman
Yahoo News – Daniel Lippman (Politico) | Published: 12/13/2022
Brandon Phillips, a veteran Republican operative who is slated to be chief of staff for incoming U.S. Rep. Mike Collins, was arrested in November on a misdemeanor charge of animal cruelty for allegedly kicking a dog. In 2016, Phillips resigned as Donald Trump’s state director in Georgia after his prior criminal history was revealed. He participated in a meeting that was held exclusively for congressional chiefs of staff for Georgia Republicans. Phillips also was with Collins for new member orientation.
House Democrats Reject Committee Term Limit Proposal
MSN – Lindsay McPherson (Roll Call) | Published: 12/13/2022
U.S. House Democrats rejected an effort to limit how long their committee leaders can serve without a waiver from the entire caucus. An amendment would have set a six-year term limit for committee leaders, counting time served as chair and ranking member together. Rep. Bill Foster said the members who are held back by the current system are the younger, more diverse members and his amendment would have given those members earlier opportunities to serve in committee leadership positions.
House GOP Reckons with ‘Candidate Quality’ Problem After Midterms – and ahead of 2024
MSN – Ally Mutnick (Politico) | Published: 12/13/2022
Republicans gained control of Congress thanks to wins by some of their strongest recruits in years. But far-right, inexperienced, and Donald Trump-endorsed candidates lost winnable seats across the country. Some House members and operatives are already debating and trading ideas about how to multiply the number of top-tier candidates and avoid unelectable ones. Recruitment has taken on increasing importance after the midterms. The GOP’s narrow majority will make governing nearly impossible and make the next battle for the House in 2024 a toss-up.
In Senate Shake-Up, Sinema Changes Her Party Affiliation to Independent
MSN – Liz Goodwin, John Wagner, Eugene Scott, and Leigh Ann Caldwell (Washington Post) | Published: 12/9/2022
U.S. Sen. Kyrsten Sinema announced she was leaving the Democratic Party, dampening Senate Democrats’ post-midterms celebrations and potentially endangering party’s chances of holding onto the seat in 2024. Some Arizona Democrats accused Sinema of making the switch for political reasons, to avoid a near-certain Democratic primary challenge in 2024 if she decides to run as an independent in that race. But Sinema, and some of her colleagues in the Senate, said her decision was more about reflecting a discomfort with formally belonging to a party that increasingly felt alien to her in recent years.
Inside the Secret $32M Effort to Stop ‘Stop the Steal’
MSN – Zach Montellaro (Politico) | Published: 12/12/2022
A pair of progressive organizations operating in complete secrecy spearheaded a $32 million campaign during the midterms to push back against former President Trump’s “Stop the Steal” movement. The effort was undertaken by two newly created groups: Pro-Democracy Center and Pro-Democracy Campaign. Those groups operated in states across the country as the election system faced unprecedented pressure from Trump and his allies, who falsely said the 2020 election was stolen.
Kavanaugh Holiday Party Appearance Raises More Ethics Questions
Bloomberg Law – Lydia Wheeler | Published: 12/12/2022
It was reported that Justice Brett Kavanaugh attended a private holiday party at the home of Matt Schlapp, who is chairperson of the Conservative Political Action Coalition, and attendees included Stephen Miller, whose group America First Legal Foundation has interests in cases now pending before the court. Kavanaugh’s party-going raises questions about when a justice’s personal relationships cross a line and become problematic. Democrats have recently renewed calls for sitting Supreme Court justices to follow a formal judicial code of ethics.
Police Raid More EU Parliament Offices in Corruption Probe
MSN – Samuel Petrequin (Associated Press) | Published: 12/12/2022
Prosecutors investigating alleged influence peddling at the European Parliament charged four people with corruption, participation in a criminal group, and money laundering. Parliament Vice President Eva Kaili of Greece was relieved of her duties. Authorities have not identified the country suspected of offering cash or gifts to officials in exchange for political favors, but several members of the assembly and some Belgian media have linked the investigation to Qatar. Critics said the scandal was symptomatic of a more widespread problem with corruption not just in the European Parliament, but across all the European Union institutions.
‘Stealth’ Efforts to Influence Supreme Court Discussed by Judiciary Committee
MSN – Ann Marimow and Emma Brown (Washington Post) | Published: 12/8/2022
In testimony to the House Judiciary Committee, evangelical minister Robert Schenck said he encouraged wealthy Christian couples to use tactics like donations to the Supreme Court Historical Society to meet justices and to parlay those encounters into closer relationships to achieve their objectives at the court. Schenck was subpoenaed to testify as part of an effort by Democrats on the committee to strengthen ethics rules for justices, who are not bound by any code of conduct and are responsible for policing themselves. Critics say that structure allows for loopholes that undermine public faith in the court’s independence.
Transgender Americans Feel Under Siege as Political Vitriol Rises
Yahoo – Maggie Astor (New York Times) | Published: 12/10/2022
Intimidation and violence against gay and transgender Americans spread in 2022, driven heavily, extremism experts say, by inflammatory political messaging. Over the past couple of years, it has become routine for conservatives to liken transgender people and their allies to pedophiles, and to equate discussion of gender identity with “grooming” children for sexual abuse, reminiscent of campaigns against gay rights dating back to the 1970s to turn increasing visibility of transgender Americans into a political wedge.
Trump Told Crowd to ‘Fight Like Hell’ Before Riot. Can He Be Sued?
MSN – Rachel Weiner (Washington Post) | Published: 12/7/2022
A federal appeals court debated whether Donald Trump can be forced to pay damages for his role in the riot at the U.S. Capitol to lawmakers and police officers injured by the mob. While they struggled with the line between protected speechmaking and actionable incitement, all three judges on indicated that a line exists, and the former president may have crossed it. One judge, a Trump appointee who served in his administration, said Trump potentially instigated violence when he told his supporters the election was stolen and urged them to march on the Capitol and “fight like hell.”
U.S. Judge Won’t Hold Trump’s Office in Contempt, People Familiar Say
MSN – Spencer Hsu, Jacqueline Alemany, and Josh Dawsey (Washington Post) | Published: 12/9/2022
U.S. Sen. Kyrsten Sinema announced she was leaving the Democratic Party, dampening Senate Democrats’ post-midterms celebrations and potentially endangering party’s chances of holding onto the seat in 2024. Some Arizona Democrats accused Sinema of making the switch for political reasons, to avoid a near-certain Democratic primary challenge in 2024 if she decides to run as an independent in that race. But Sinema, and some of her colleagues in the Senate, said her decision was more about reflecting a discomfort with formally belonging to a party that increasingly felt alien to her in recent years.
What the Jan. 6 Select Committee’s Final Report Will Look Like
MSN – Kyle Cheney and Nicholas Wu (Politico) | Published: 12/12/2022
The final report of the House select committee that has been investigating the January 6 insurrection will begin with a voluminous executive summary describing former President Trump’s culpability for his extensive and baseless effort to subvert the 2020 election, according to people briefed on its contents. Drafts of the report include thousands of footnotes drawn from the panel’s interviews and research over the past 16 months into Trump’s activities in the final weeks that preceded January 6, 2021, when a mob of his supporters battered police and stormed the Capitol.
From the States and Municipalities
Arizona – Kari Lake Sues Arizona’s Largest County, Seeking to Overturn Her Defeat
DNyuz – Alexandra Berzon, Ken Bensinger, and Charles Homans (New York Times) | Published: 12/9/2022
Kari Lake, the losing Republican candidate for governor of Arizona, filed a lawsuit contesting the results of the election. Lake’s lawsuit came after she had spent weeks making a series of public statements and social media posts aimed at sowing doubt in the outcome of a contest she lost by more than 17,000 votes to her Democratic opponent, Katie Hobbs. That loss was certified in documents signed by Hobbs, who currently serves as secretary of state.
California – Former SF Building Inspector Pleads Guilty to Taking Illegal Payments
MSN – Staff (KBCW) | Published: 12/9/2022
Bernard Curran, a former San Francisco building inspector, pleaded guilty to two counts of accepting gratuity payments as rewards for approving building permits. In one instance, Curran accepted $260,000 from a developer to assist Curran in paying down his existing residential mortgage so he could obtain favorable refinancing rates. Though he intended to repay the money, he knew that accepting it was improper and created a forbidden conflict-of-interest. Curran admitted the developer never required him to repay $30,000 of the outstanding balance.
California – Leaked Tape Turns LA City Council Member into a Fugitive in His Hometown
MSN – Alexander Nieves and Jeremy White (Politico) | Published: 12/13/2022
Two months after becoming entangled in a racism scandal that shook public trust in Los Angeles government, disgraced city council member Kevin de León has refused calls to resign and is attempting to rehabilitate his reputation. His situation deteriorated when he scuffled with an activist who heckled him at a holiday toy giveaway that was posted on Twitter. The confrontation left children at the event in tears. When De Leon appeared at his first council meeting since mid-October, it set off a chaotic protest between competing factions in the audience.
Colorado – Denver Schools Investigated Former Principal Over $175K in Purchases, Then Promoted Her
Yahoo News – David Migoya (Colorado Springs Gazette) | Published: 12/11/2022
A Denver Public Schools principal with a history of financial woes was investigated last year over allegations that more than $175,000 was misspent on district credit cards, nearly half of it unaccounted for and without receipts, but managed to keep her job and was eventually promoted. Although the school district confiscated the credit card it issued to Kimberly Grayson over concerns of misspending, as well as the cards issued to three others she supervised at the school, the district later gave the card back to Grayson and, according to documents, her spending quickly resumed.
Florida – Sunset Lounge Dispute with City of West Palm Beach Headed to Trial in May
MSN – Terri Parker (WBPF) | Published: 12/13/2022
The lawsuit by Vita Lounge LLC against the West Palm Beach Community Redevelopment Agency over the Sunset Lounge bid award is headed to trial in May. Vita Lounge claims it was improperly disqualified from running the historic venue after it won the bid to negotiate a contract. The city’s procurement director said Vita violated the city code surrounding such bids by lobbying people to contact the mayor and commission via Facebook posts.
Georgia – Georgia Secretary of State Calls for End to Runoff Elections
MSN – Matthew Brown (Washington Post) | Published: 12/14/2022
Georgia Secretary of State Brad Raffensperger called on the Legislature to eliminate runoff voting during its session next year after another bitter overtime election gripped the state. Raffensperger cited the added stress that conducting a runoff election puts on counties and voters as part of his reasoning. Georgia’s peculiar runoff system is the product of its post-segregationist election laws, which lawmakers later admitted were intended to suppress emerging Black political power.
Georgia – Special Counsel Sends Trump Subpoena to Ga. Secretary of State Raffensperger
MSN – Amy Gardner (Washington Post) | Published: 12/12/2022
Special counsel Jack Smith sent grand jury subpoenas to Georgia Secretary of State Brad Raffensperger and to authorities in Clark County, Nevada, bringing to six the number of 2020 battleground states where state or local election officials are known to have received such requests for all communications with Donald Trump, his campaign, and a long list of aides and allies. Raffensperger shot to prominence following a January 2, 2021, phone call with Trump in which the then-president urged him to “find” enough votes to reverse his defeat in Georgia.
Hawaii – Most Hawaii Campaign Spending Violators Never See Jail Time
Honolulu Civil Beat – Blaze Lovell | Published: 12/15/2022
Criminal referrals are rare for violations of campaign finance law in Hawaii. Certain campaign finance crimes are classified as Class C felonies, punishable by up to five years in prison and $10,000 in fines. But jail time has not been levied against campaign spending violators since the early 2000s. In the past, the Hawaii Ethics Commission had to choose between referring a case to prosecutors and assessing fines. A new law allows the commission to assess fines and refer a case to prosecutors concurrently.
Michigan – Dana Nessel: Keep Lee Chatfield records secret to avoid embarrassment
Bridge Michigan – Kelly House and Jonathan Oosting | Published: 12/14/2022
Michigan Gov. Gretchen Whitmer vowed to enact laws that would make records from her office and the Legislature publicly available and said the state needs to examine loopholes in lobbying rules that potentially contributed to the actions of former House Speaker Lee Chatfield, who is under criminal investigation over allegations of bribery, campaign finance violations, and other crimes. Assistant Attorney General Michael Frezza told a judge the probe involves other high level government officials and lobbyists.
Mississippi – Ethics Commission’s Final Order: Law does not require Legislature to meet in public
Mississippi Today – Bobby Harrison | Published: 12/14/2022
Members of the Mississippi Ethics Commission approved a final order saying the state Legislature is not bound by the open meetings law. The order adopted on December 14 saying the Legislature is not a public body as defined by the law was a final order. The issue arose from a complaint saying House Speaker Philip Gunn was violating the open meetings law when the Republican Caucus, which includes 75 members of the 122-member House, meets routinely behind closed doors. The constitution mandates that a majority of either the House or Senate is a quorum.
New Jersey – Bill to Revamp Campaign Finance Laws Clears Assembly Hurdle
New Jersey Monitor – Nikita Biryukov | Published: 12/13/2022
A New Jersey Assembly panel approved a new version of a bill that would revamp campaign finance laws that supporters say are outdated, but critics warned the changes could shield corruption and increase the influence of wealthy donors. Assembly Bill 4372 would double campaign contribution limits, bolster the state’s gubernatorial public financing program, and revise the state’s “pay-to-play” laws.
New Jersey – N.J. Politicians Could Soon Have Their Home Addresses Blocked Out on Public Records
MSN – Brent Johnson (Newark Star Ledger) | Published: 12/13/2022
Two years after passing a law that shields the home addresses of judges and law enforcement officials in New Jersey out of security concerns, state lawmakers are now advancing legislation that keep their own addresses, and those of other politicians, from being released to the public. Sponsors say the bill is needed to protect politicians in the wake attacks on public officials in recent years. Critics note lawmakers would be exempting themselves when there have been attacks on Jewish people, LGBTQ people, reporters, and others who would not get the same protections.
New Mexico – NM Lawmakers Update Anti-Harassment Policy for the Roundhouse
Albuquerque Journal – Dan McKay | Published: 12/12/2022
Legislative leaders in New Mexico agreed to reshape how sexual harassment investigations are conducted at the state Legislature, a move intended to make it more difficult for inquiries to die on a tie vote. The new policy adds an outside attorney to a key panel that investigates harassment complaints lodged against legislators, putting the attorney in position to cast a tie-breaking vote on whether a case moves forward. The change comes after a high-profile harassment case against Sen. Daniel Ivey-Soto.
New York – NYC Mayor’s Chief of Staff Will Keep a Public Board Seat with Possible Conflict
MSN – Gregory Korte (Bloomberg) | Published: 12/12/2022
Camille Varlack, the incoming chief of staff to New York City Mayor Eric Adams, serves on the board of a publicly owned energy company that does business with the city, a $140,000-a-year role she plans to keep despite a conflict-of-interest policy that generally prohibits the practice. The city charter prohibits city officials from having “an interest in a firm which such public servant knows is engaged in business dealings with the agency served by such public servant.” Sometimes employees can secure a waiver from the Conflicts of Interest Board, but the board said no such request has been granted or initiated by the mayor’s office.
Ohio – Judge Will Allow ‘Pay-to-Play’ Recording at Former GOP House Speaker Larry Householder’s Trial
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 12/13/2022
A federal judge handed an early win to prosecutors by ruling in their favor on a handful of motions over what evidence could be presented in the looming criminal trial of former Ohio House Speaker Larry Householder. U.S. District Court Judge Timothy Black granted several requests from prosecutors. He also denied others from Householder, who is accused of operating a “pay-to-play” scheme. The charge centers on FirstEnergy and its $60 million in payments to a nonprofit allegedly controlled by Householder, and legislation creating a $1.3 billion subsidy for nuclear plants owned at the time by the company’s subsidiary.
Ohio – Lawmakers Send Elections Bill with Tougher Photo ID Requirement to Gov. Mike DeWine’s Desk
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 12/15/2022
The Ohio General Assembly approved a sweeping elections bill, sending it to Gov. Mike DeWine’s desk. House Bill 458 would require a voter to show a photo ID when voting in person, either early or on Election Day. The bill includes a slew of other measures, including largely ending special elections in August, specifying that county boards of election can offer only a single drop box for completed absentee ballots, and eliminating the day of early, in-person voting the day before Election Day.
Oregon – Oregon’s Top Election Official Seeks More Money to Combat Election Misinformation
Oregon Capital Chronicle – Julia Shumway | Published: 12/8/2022
Citing an increase in misinformation, complaints, and time-consuming public records requests from election deniers, Oregon Secretary of State Shemia Fagan is seeking roughly $2 million over the next two years to hire more staff dedicated to election security and oversight. Fagan is also seeking funds to begin replacing the state’s outdated campaign finance database, ORESTAR. The system has been in place for 20 years, runs slowly, and cannot be opened in more than one tab or window, among other frustrations for users.
Pennsylvania – Cost of Pennsylvania Governor’s Race Sets New Record Amid ‘Campaign Finance Arms Race’
Spotlight PA – Angela Couloumbis | Published: 12/10/2022
The total cost of the governor’s race in Pennsylvania topped $100 million in this last election cycle, a new spending record in the race to win the state’s highest office. The spending puts on display Pennsylvania’s distinction as having some of the most lax campaign finance laws in the country, ones that place no limits on how much money candidates can accept from donors. It also gives reform advocates pause because it has the potential to raise the bar for competing in future races, entrenching incumbents, and shutting out otherwise good candidates who lack a deep bench of donors.
Pennsylvania – With Majority at Stake, Pa. House Republicans Sue to Block Democratic-Scheduled Special Elections
Spotlght PA – Stephen Caruso | Published: 12/10/2022
Pennsylvania House Republicans filed a lawsuit to block three legislative special elections from taking place in February, potentially delaying a clear-cut majority for Democrats, and allowing the GOP to maintain some measure of power into spring. The suit argues House Democratic Leader Joanna McClinton did not have the authority to schedule the elections. Democrats must win all three seats to keep their majority.
Rhode Island – AG: McKee can keep political dossiers secret despite violation of public records law
MSN – Eli Sherman (WPRI) | Published: 12/14/2022
Gov. Dan McKee’s office violated public records law in its effort to withhold background reports on some of the state’s top politicians who were being considered for lieutenant governor, but still had the right to keep the information secret under a different rationale, the Rhode Island attorney general’s office ruled. McKee’s office initially denied a request for the dossiers, arguing because the information was a “political assessment of the candidates and thereby a private political document ….”
Rhode Island – Prov. Ethics Commission ‘Is Not Working,’ Chairman Says, as Complaints Get Dismissed
WPRI – Steph Machado | Published: 12/8/2022
The Providence Ethics Commission met recently for the first time in more than a year, voting to dismiss two complaints against high-profile city leaders which they had previously voted to investigate but then never actually considered. Commission Chairperson Andrew Kanter said the complaints were dismissed not because the panel determined they did not have merit, but because it has been unable to consider them or hold hearings on them. “It’s clear the commission is not working,” Kanter said.
Tennessee – Longtime Tennessee Domestic Violence Leader Is Out Following Critical Federal Investigation
Tennessee Lookout – Anita Wadhwani and Natasha Senjanovic | Published: 12/14/2022
Kathy Walsh, the longtime leader of the Tennessee Coalition to End Domestic and Sexual Violence, has left the organization. The change comes less than a week after the media reported on findings of whistleblower retaliation at the nonprofit. Walsh helped build its reputation as the leading voice for domestic and sexual violence victims in the state. As a registered lobbyist, she also helped shape many pieces of legislation. But a federal probe found Walsh was involved in forcing out an employee who blew the whistle on the potential misuse of federal grant funds.
Virginia – Investigation Clears Va. Agency for Contract with Youngkin’s Ad-Maker
MSN – Laura Vozzella (Washington Post) | Published: 12/10/2022
The Virginia inspector general found state officials committed no wrongdoing by awarding a $268,000 contract to Gov. Glenn Youngkin’s political ad-maker in what was initially a no-bid deal. Democrats questioned how the firm, Poolhouse, won the chance to make a state tourism video and whether the Virginia Tourism Corp., a taxpayer-funded public authority, had paid too much for the 60-second spot featuring Youngkin. Poolhouse made $1.5 million in campaign ads for Youngkin during last year’ss gubernatorial race and has continued working with the governor as he explores a 2024 presidential bid.
Washington DC – D.C. Elections Board: Silverman’s poll did not break campaign finance law
MSN – Michael Brice-Saddler (Washington Post) | Published: 12/12/2022
The District of Columbia Board of Elections sided with Councilperson Elissa Silverman in her appeal of a decision from the Office of Campaign Finance (OCF), ruling she did not misuse campaign funds while polling for the Democratic primary election. She sought to clear her name over a complaint brought by fellow at-large candidate Karim Marshall, who asked the OCF to determine whether Silverman violated rules or improperly coordinated with other candidates while polling for the Ward 3 contest. The OCF had ordered Silverman to reimburse the city $6,277.52 for the polling expenditures.
December 9, 2022 •
News You Can Use Digest – December 9, 2022
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National/Federal Democrats Ramp Up Investigation of Kushner Family Business Dealings MSN – Michael Kranish (Washington Post) | Published: 12/7/2022 Democrats on a pair of congressional committees launched a new effort to obtain information about whether Jared Kushner’s actions on U.S. policy […]
National/Federal
Democrats Ramp Up Investigation of Kushner Family Business Dealings
MSN – Michael Kranish (Washington Post) | Published: 12/7/2022
Democrats on a pair of congressional committees launched a new effort to obtain information about whether Jared Kushner’s actions on U.S. policy in the Persian Gulf region as a senior White House adviser were influenced by the bailout of a property owned by his family business. Citing previously undisclosed documents related to former President Trump’s son-in-law, the committees sent letters to the State and Defense departments requesting material they say could shed new light on whether “Kushner’s financial conflict of interest may have led him to improperly influence U.S. tax, trade and national security policies for his own financial gain.”
DNC Moves Forward with Dramatic Change to Presidential Primary Calendar
MSN – Elena Schneider (Politico) | Published: 12/2/2022
The Democratic National Committee voted to radically alter its presidential nominating calendar, following President Biden’s recommendations to elevate South Carolina as the first primary state and to eliminate Iowa, breaking with historical precedent. But there are still several logistical hurdles for the party to clear to make the new vision a reality. Members of the party’s Rules and Bylaws Committee, charged with recommending a new calendar, gave a near-unanimous vote of approval for Biden’s proposal, with only minor tweaks to the dates and two ‘no’ votes from Iowa and New Hampshire members.
Ex-Miami US Rep. David Rivera Arrested in Venezuela Probe
Yahoo News – Joshua Goodman and Terry Spencer (Associated Press) | Published: 12/5/2022
Former U.S. Rep. David Rivera, who signed a $50-million consulting contract with the Venezuela government, was arrested on suspicion of money-laundering and representing a foreign government without registering. The indictment alleges Rivera, at the start of the Trump administration, was part of a conspiracy to lobby on behalf of Venezuela to lower tensions with the U.S., resolve a legal dispute with an American. oil company, and end U.S. sanctions against the South American nation – all without registering as a foreign agent.
Fearing Scandal, Air Force Blocked Generals’ Foreign Consulting Deals
MSN – Craig Whitlock and Nate Jones (Washington Post) | Published: 12/5/2022
During the height of the war in Afghanistan, Pentagon officials persuaded Azerbaijan President Ilham Aliyev to open his country’s borders and airspace to allied supply routes. In exchange, U.S. officials promised a closer diplomatic partnership with Aliyev and steered $369 million in defense contracts to Silk Way Airlines, an Azerbaijan cargo carrier that U.S. investigators say was controlled by the government. Two U.S. Air Force generals, Duncan McNabb and William Fraser III, who oversaw the supply routes later tried to cash in on their Azerbaijan connections. Upon retiring from active duty, they negotiated valuable consulting deals with Silk Way Airlines.
Federal Election Commission Passes New Digital Ad Disclosure Rule
OpenSecrets – Taylor Giorno | Published: 12/1/2022
The FEC adopted a new rule requiring disclosures for political advertising online. Previously, digital ads were not subject to the same disclosure requirements as those in broadcast or print media. The rule expands the definition of “public communication” to “any public communication over the internet that is placed for a fee on another person’s website, digital device, application, or advertising platform.” But the commissioners rejected language requiring those who promote digital political ads to disclose if they are being paid to do so.
House Ethics Committee Admonishes Rep. Madison Cawthorn Over Crypto Promotion, Failure to Disclose Stake
CNBC – Dan Mangan | Published: 12/7/2022
The House Committee on Ethics said it admonished outgoing U.S. Rep. Madison Cawthorn and ordered him to pay more than $15,000 for violating conflict-of-interest rules by publicly promoting a cryptocurrency he owned and for failing to promptly disclose crypto transactions. The committee also said an investigative subcommittee’s report did not find evidence Cawthorn engaged in an improper romantic or sexual relationship with a staffer, with whom he had been seen in videos “engaging in explicit and sexually suggestive comments and conduct.”
Items with Classified Markings Found at Trump Storage Unit in Florida
MSN – Jacqueline Alemany, Josh Dawsey, Spencer Hsu, Devlin Barrett, and Rosalind Helderman (Washington Post) | Published: 12/7/2022
Lawyers for former President Trump found at least two items marked classified after an outside team hired by Trump searched a storage unit in West Palm Beach, Florida, used by the former president, according to people familiar with the matter. Those items were immediately turned over to the FBI. The search was one of at least three conducted by an outside team of his properties for classified materials in recent weeks, after they were pressed by a federal judge to attest they had fully complied with a grand jury subpoena to turn over all materials bearing classified markings.
Justice Dept. Subpoenas Ariz., Mich., Wis. Officials for Trump Communications
MSN – Amy Gardner, Isaac Stanley-Becker, Yvonne Wingett Sanchez, and Patrick Marley (Washington Post) | Published: 12/6/2022
Special counsel Jack Smith subpoenaed local officials in Arizona, Michigan, and Wisconsin – three states that were central to former President Trump’s failed plan to stay in power following the 2020 election – for any and all communications with Trump, his campaign, and a long list of aides and allies. They are among the first known subpoenas issued by Smith, who was named to oversee the U.S. Capitol attack case as well as the criminal probe of Trump’s possible mishandling of classified documents at his Florida home.
Rupert Murdoch to Be Deposed in $1.6 Billion Defamation Case Against Fox
MSN – Jeremy Barr and Rachel Weiner (Washington Post) | Published: 12/5/2022
Rupert Murdoch, chairperson of Fox News parent company Fox Corp, will be forced to answer questions under oath about his network’s coverage of the 2020 presidential election. Murdoch will be deposed as part of Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News. The lawsuit alleges the network purposely aired false claims about Dominion’s role in the 2020 presidential election to boost ratings and fight off competition from more-conservative-leaning television networks.
Ted Cruz’s Podcast Deal With iHeartMedia May Violate Ethics Laws, Watchdog Says in New Complaint
MSN – Zach Everson (Forbes) | Published: 12/1/2022
U.S. Sen. Ted Cruz may have violated a federal law barring senators from receiving gifts from registered lobbyists when he accepted podcast production services from iHeartMedia, according to a complaint filed by the Campaign Legal Center with the Senate Select Committee on Ethics. Senators also are barred from accepting honoraria for oral presentations transmitted electronically. The complaint claims that Cruz’s deal with iHeartMedia could not be qualified as a political contribution either, because corporations are banned from donating directly to campaigns, even via in-kind contributions.
Trump Mar-a-Lago Special Master Struck Down by Appeals Court
MSN – Perry Stein and Devlin Barrett (Washington Post) | Published: 12/1/2022
A federal appeals court panel halted an outside review of thousands of documents seized from former President Trump’s Florida residence, ruling a lower-court judge was wrong to appoint an expert to decide whether any of the material should be shielded from criminal investigators. The ruling, which Trump may appeal to the Supreme Court, means criminal investigators can again access the unclassified documents that were recovered in the search. The Justice Department has said those materials may be important in their probe of the possible mishandling of classified documents, obstruction, and destruction of government property at Mar-a-Lago.
Trump’s Committee Paying for Lawyers of Key Mar-a-Lago Witnesses
MSN – Devlin Barrett, Josh Dawsey, and Isaac Stanley-Becker (Washington Post) | Published: 12/5/2022
Former President Trump’s PAC is paying legal bills for some key witnesses involved in the Justice Department investigation into whether Trump mishandled classified documents, obstructed the investigation, or destroyed government records. Jim Walden, a former federal prosecutor, said the payment arrangement raises concerns about whether the reimbursement of legal fees may influence what the witnesses say or do. He noted if Justice Department officials have ethical concerns, they could ask a judge to, at a minimum, question the clients about whether they are certain their interests are being protected.
Vows to Reject Corporate PAC Money on the Rise for Incoming Congress
MSN – Kate Ackley (Roll Call) | Published: 12/5/2022
More than 70 members of the 118 Congress say they are swearing off contributions from corporate PACs, indicating that a trend, almost exclusively among Democrats, that caught on during the 2018 election cycle has persisted. Business PACs face an uncertain future as the scramble for their money diminishes. Recent cycles have also seen an explosion in contributions of small amounts by more donors, especially among Democrats.
Canada
Canada – MPs Step in to Delay New Lobbying Code of Conduct Following Complaints
Globe and Mail – Bill Curry | Published: 12/1/2022
Members of Parliament delayed a new code of conduct for lobbyists after receiving a wide range of complaints. Some of the changes are being criticized as a major softening related to situations in which lobbyists campaign for politicians, while some lobbyists are objecting to proposed new restrictions on the many evening events hosted by organizations on Parliament Hill.
From the States and Municipalities
Arizona – Ariz. County Ordered to Certify Election as GOP Lawyers Are Sanctioned
MSN – Isaac Stanley-Becker and Yvonne Wingett Sanchez (Washington Post) | Published: 12/1/2022
A judge in Arizona ordered the governing board of Cochise County to certify the results of the November 8 election, finding its members had no authority to shirk a duty required under state law. The surrender, under court order, ended a standoff that threatened to upend the state’s process for affirming the will of more than 2.5 million Arizona voters. The ensuing chaos could have undermined the projected victories of Republicans in a U.S. House seat and the statewide race for schools superintendent.
California – Councilmember Rebecca Kaplan Faces $19,000 Ethics Fine
MSN – Darwin BondGraham (Oaklandside) | Published: 12/2/2022
Oakland City Councilperson Rebecca Kaplan is facing a $19,000 fine because she allegedly failed to disclose her ownership of a condominium located next to a waterfront park which she and the rest of the council voted to expand, using over $1 million in city funds. The improvement to the park stood to increase the value of her condo. Kaplan purchased the condo in 2013 along with her parents, but for the next seven years she did not list it on the annual financial disclosure forms that elected officials are required to file with the city.
California – L.A. City Council Votes to Reinstate Salary of Indicted Member Mark Ridley-Thomas
MSN – David Zahniser (Los Angeles Times) | Published: 12/7/2022
The Los Angeles City Council voted to reinstate the salary of indicted Councilperson Mark Ridley-Thomas, more than a year after he was suspended from his post while facing federal corruption charges. Ridley-Thomas sued the city over his suspension earlier this year, saying it violated the City Charter and was politically motivated. He will receive about $265,000, while an additional $99,500 will go to his legal team.
Florida – Florida Lawmaker Charged with Defrauding Pandemic Loan Program
MSN – Andrew Jeong (Washington Post) | Published: 12/8/2022
A Florida lawmaker known for sponsoring legislation that regulates classroom talk about sexual orientation and gender identity was indicted by a grand jury for allegedly trying to illicitly obtain more than $150,000 in federal pandemic relief funds. State Rep. Joseph Harding was accused of making fraudulent applications to the Small Business Administration using the names of dormant business entities. Harding is also accused of submitting “fraudulently created bank statements” in the applications, federal prosecutors said.
Florida – Matt Gaetz Associate Joel Greenberg Gets 11 Years as Probe into Congressman Stalls, Sources Say
ABC News – Will Steakin | Published: 12/1/2022
Joel Greenberg, the former Florida tax collector who sources say agreed to cooperate in the federal probe into his one-time close associate, U.S. Rep. Matt Gaetz, was sentenced to 11 years in prison after pleading guilty to six of the 33 charges he was facing, including stalking, identity theft, wire fraud, and conspiracy to bribe a public official, as well as one charge of sex trafficking. Multiple sources familiar with the probe said the investigation into Gaetz has stalled.
Florida – Tampa Police Chief Mary O’Connor Resigns Amid Traffic Stop Controversy
MSN – Tony Marrero (Tampa Bay Times) | Published: 12/5/2022
Tampa’s chief of police, Mary O’Connor, resigned after an investigation into a Pinellas County traffic stop where she flashed a badge and asked a deputy to “just let us go.” A deputy pulled over O’Connor and her husband because their golf cart did not have a license plate. Keith O’Connor said they stopped at nearby restaurant and did not usually drive the cart on public roads. The deputy let them go without a citation. Mary O’Connor handed over what appeared to be her business card, telling the deputy, “You ever need anything, call me.”
Georgia – After Georgia Loss, G.O.P. Stares Down Its Trump Dilemma
DNyuz – Jonathan Weisman and Maya King (New York Times) | Published: 12/7/2022
The Democrats’ capstone re-election victory of U.S. Sen. Raphael Warnock forced Republicans to reckon with the red wave that was not, as they turned with trepidation to 2024 and the intensifying divisions in the party over former President Trump. For a handful of Republicans, newly emboldened by re-election or retirement to say so aloud, the biggest culprit was Trump. They slammed him for promoting flawed candidates, including Herschel Walker, dividing his party, and turning many swing voters against the GOP for the third election cycle in a row.
Hawaii – ‘A Deep Moral Crisis’: Commission Proposes ‘Bold’ Reforms in Government
Honolulu Civil Beat – Chad Blair | Published: 12/1/2022
A panel tasked with identifying ways to better Hawaii government is calling for sweeping reforms to restore public trust in government. The report from the Commission to Improve Standards of Conduct details more than 30 proposals to reshape state laws and legislative processes in the areas of ethics, corruption, elections, and government operations. The report was triggered by a string of corruption cases involving government officials statewide that made national headlines and raised doubts about the integrity of local government operations.
Illinois – Despite Ban on Lobbyists’ Campaign Money, Lightfoot Took $68K from Lobbyist’s Companies. Now, She’s Giving Much of it Back.
Chicago Sun-Times – Tim Novak and Frank Main | Published: 12/2/2022
More than a decade ago, then-Chicago Mayor Rahm Emanuel issued an executive order that prohibited him and future mayors from taking any campaign money from lobbyists. This year, Mayor Lori Lightfoot has accepted more than $53,000 in 39 campaign contributions from 14 companies affiliated with Carmen Rossi, a registered city lobbyist. Since Lightfoot was elected mayor in 2019, she has gotten a total of $68,500 from companies affiliated with him. A Lightfoot campaign spokesperson said the mayor has decided to return $44,500 in contributions she has received from companies affiliated with Rossi.
Maryland – Mayor Scott Accepts Money from Businessman He Disavowed During Pugh’s Healthy Holly Scandal
Baltimore Brew – Mark Reutter | Published: 12/7/2022
Baltimore City Council President Brandon Scott’s campaign committee reported a $5,000 donation from J.P. Grant, who was linked to the scandal surrounding former Mayor Catherine Pugh. Scott got still more money from two parties linked to the construction company that is secretly financed by Grant, Commercial Utilities LLC. The Board of Estimates recently approved a $12 million increase to the conduit contract that Commercial Utilities co-manages. Scott has said that contributions do not influence his votes on the Board of Estimates.
Mississippi – Ethics Commission Says Legislature Not Subject to Open Meetings Law
Daily Journal – Bobby Harrison (Mississippi Today) | Published: 12/2/2022
The Mississippi Ethics Commission determined the state Legislature is not bound by the open meetings law. The ruling came in a complaint filed by the Mississippi Free Press saying the House Republican caucus members, which currently consist of 75 of the 122 House members, are violating the law when they meet behind closed doors to discuss policy. A news report cited reports of various House members and detailed how the caucus meetings were usually the first place that rank-and-file House Republicans were informed of details of major policies developed by Speaker Philip Gunn and a handful of other leaders.
Missouri – ‘A Scar’ on St. Louis: 3 former aldermen get prison for bribery
St. Louis Post-Dispatch – Katie Kull | Published: 12/6/2022
Three former St. Louis aldermen, including the longtime board president, will go to prison for accepting bribes. John Collins-Muhammad and Lewis Reed each received sentences of three years and nine months, while Jeffrey Boyd was sentenced to three years. It was a conclusion to a case that involved surveillance, hundreds of hours of recorded phone calls and meetings, and thousands of text messages and emails, prosecutors said. The key player was a local businessperson facing his own federal charges who handed out bribes in exchange for tax breaks and a reduced rate on a city-owned property.
New Mexico – Ethics Agency Settles ‘Revolving Door’ Allegations
Albuquerque Journal – Dan McKay | Published: 12/7/2022
New Mexico’s ethics agency reached a $13,000 settlement to resolve a lawsuit it filed alleging violations of a revolving-door ban. The State Ethics Commission accused a former Sandoval County assessor’s office employee, Gabriel Vargas, and Double Eagle Property Tax Consultants of violating the law, which prohibits an ex-government employee from leaving an agency and then representing clients before the agency on a matter they had worked on, or from being paid to represent anyone before the agency at all for one year.
New Mexico – Ethics Board Advances Complaint Against County Commissioner
Albuquerque Journal – Jessica Dyer | Published: 12/2/2022
A Bernalillo County ethics board advanced a complaint alleging an elected official improperly accepted a $5,000 campaign contribution from a lobbyist. The county’s Code of Conduct Review Board decided the complaint against county Commissioner Charlene Pyskoty warranted an evidentiary hearing. Vanessa Alarid gave a $5,000 in-kind donation to Pyskoty’s reelection campaign in June. Alarid represents the developers behind Santolina, a planned community that has been, and will continue to go, before county commissioners to get necessary approvals.
New York – Bribery, Fraud Charges Dismissed Against Ex-NY Lt. Governor
MSN – Larry Neumeister (Associated Press) | Published: 12/5/2022
Bribery and fraud charges against former New York Lt. Gov. Brian Benjamin were tossed out by a federal judge, leaving Benjamin to face only records falsification charges. U.S. District Court Judge J. Paul Oetken said prosecutors failed to allege an explicit example in which Benjamin provided a favor for a bribe, an essential element of bribery and honest services fraud charges. Benjamin pleaded not guilty to charges he obtained a campaign donation from a real estate developer in exchange for his influence to get a $50,000 grant of state funds for a nonprofit organization the developer controlled.
New York – Trump Organization Convicted in Executive Tax Dodge Scheme
MSN – Michael Sisak (Associated Press) | Published: 12/6/2022
Donald Trump’s company was convicted of tax fraud in a case brought by the Manhattan district attorney in a repudiation of financial practices at the former president’s business. A jury found two corporate entities at the Trump Organization guilty on all 17 counts, including conspiracy charges and falsifying business records. As punishment, the Trump Organization could be fined up to $1.6 million, a relatively small amount for a company of its size, though the conviction might make some of its future deals more complicated.
New York – Twin Friends of Eric Adams Are Dogged by Allegations and Unpaid Debts
DNyuz – Michael Rothfeld, William Rashbaum, and Susan Beachy (New York Times) | Published: 12/5/2022
Over the past decade, Johnny and Robert Petrosyants have boasted of their friendship with New York City Mayor Eric Adams while courting partners for a range of business ventures. The relationship has helped them gloss over that both brothers pleaded guilty in 2014 to financial crimes related to insurance claims. By all accounts, Adams has maintained a close relationship with the brothers. For their part, the brothers have generated tens of thousands of dollars for Adams’ campaigns by holding fundraising events and enlisting friends to solicit contributions.
North Carolina – Supreme Court Seems Poised to Reject Robust Reading of ‘Independent State Legislature’ Theory
MSN – Zach Montellaro (Politico) | Published: 12/7/2022
The Supreme Court seemed splintered about whether to adopt a legal theory that would radically reshape how federal elections are conducted. The North Carolina Supreme Court tossed congressional maps drawn by the Legislature as an illegal partisan gerrymander, with court-drawn maps ultimately being used for the 2022 election. Republican legislators asked the U.S. Supreme Court to toss out those court-drawn maps, advancing a once-fringe legal idea called the “independent state Legislature” theory, which argues that an interpretation of a clause in the U.S. Constitution leaves little, or no, room for state court review of election laws.
Ohio – City Council Bans Cleveland from Doing Business with Companies That Practice Wage Theft
MSN – Courtney Astolfi (Cleveland Plain Dealer) | Published: 12/6/2022
The Cleveland City Council approved an ordinance banning the city from doing business with companies found to practice wage theft and those that commit payroll fraud. The new law bars Cleveland from granting financial assistance to such companies or entering into contracts with them for city services or construction. Wage theft is defined as any violation of state or federal law regarding the prompt payment of wages, payment of minimum wage, or prevailing wage rates. Payroll fraud is defined as the concealment of a business’s true tax liability by not reporting or underreporting applicable wages or by paying employees under-the-table.
Oklahoma – With Weak Laws and Little Enforcement, Oklahoma Sees Record-Breaking Dark Money Spending
The Frontier – Clifton Adcock | Published: 12/6/2022
Spending from outside groups soared to more than $33.6 million in Oklahoma’s election cycle this year, the highest recorded level in the state’s history. In the face of increasing outside political spending from secretive groups, some states have moved to require greater disclosure in state and local elections in recent years. But thanks to a lack of funding from the Legislature, Oklahoma has weak enforcement and some lawmakers have even attempted to head off disclosure requirements for “dark money” groups.
Oregon – Long-Serving Director of Oregon Government Ethics Commission Retires
Willamette Week – Nigel Jaquiss | Published: 12/3/2022
One of the state’s longest-serving agency directors officially retired on November 30. Ron Bersin, who has led the Oregon Government Ethics Commission since 2006, told the commission it was time to find his successor. Bersin ensured that local officials complied with ethics laws and public officials and lobbyists filed disclosure statements in a timely manner to provide a way for the public to track their financial interests and activity. He will stay on as interim director through the legislative session but has asked the commission to find a new director by the end of next year.
Oregon – Portland City Officials Avoid Competitive Process for Gunshot Detection Pilot
OPB – Jonathan Levinson | Published: 12/5/2022
Public records show a yearlong courtship between the Portland police and ShotSpotter, a company providing gunshot detection technology, and almost no consideration of a competitor. Text messages between a Portland Police Bureau officer and a ShotSpotter representative suggest a cozy relationship helped pave the way for the city’s decision to pilot the technology. If the city moves forward and puts ShotSpotter in the five Portland neighborhoods with the most gun violence the contract could be worth over $1 million per year.
South Carolina – Judge to Decide Whether to Dismiss Charges Against Quinn, Alleged Kingpin of Corruption Scandal
MSN – John Monk (The State) | Published: 12/2/2022
After a hearing, the issue of whether to dismiss state grand jury perjury and obstruction of justice charges against political consultant Richard Quinn Sr. is now in the hands of Judge Carmen Mullen. The judge said she would weigh complex legal issues, including the relevance of 2021 South Carolina Supreme Court opinion on corruption charges against a former state representative, whether Quinn was afforded due process, and whether prosecutors were right to have Quinn testify in front of a state grand jury where he made statements that resulted in his indictment.
Virginia – Restaurant Refuses Service to Christian Group, Citing Staff ‘Dignity’
MSN – Emily Heil (Washington Post) | Published: 12/6/2022
A restaurant in Richmond, Virginia, refused to host a private event for a conservative Christian organization over the group’s position on same-sex marriage and abortion rights. The restaurant, Metzger Bar and Butchery, called itself an “inclusive” establishment that has rarely refused service to willing patrons, but said it denied service to the group to protect its staff, many of whom are women or members of the LGBTQ+ community. Family Foundation President Victoria Cobb likened the restaurant’s move to establishments that refused to serve Black customers in the 1950s and 1960s.
Washington – SEIU Secretly Lobbied the Washington State Redistricting Commission, Court Filings Allege
The Olympian – Shauna Sowersby (McClatchy) | Published: 12/7/2022
A lobbyist for the Service Employees International Union (SEIU) failed to report lobbying activities related to the Washington State Redistricting Commission in 2021, court records allege. Arthur West, an open government advocate, is suing the commission and the state for withholding and deleting public records. West told said the Legislature recently disclosed more communications the commission intentionally withheld from him in previous public records requests, and they included the unreported lobbying activity by SEIU lobbyist Lindsey Grad.
Washington – WA Appeals Court Largely Upholds Eyman Campaign Finance Violations
Seattle Times – David Gutman | Published: 12/6/2022
A Washington appeals court upheld the majority of campaign finance violations that longtime anti-tax activist Tim Eyman was found liable for last year, keeping in place the multimillion-dollar verdict against him and most of the restrictions barring Eyman from controlling the finances of political committees. It threw out one of the violations against Eyman, a small portion of the restrictions imposed on him, and asked the trial judge to reconsider the size of the fine levied against him. Eyman was fined more than $2.6 million for his campaign finance violations and ordered to pay attorneys’ fees to the state of more than $2.9 million.
Washington DC – Giuliani Puts 2020 Election Back on Trial in DC Ethics Case
MSN – Zoe Tillman (Bloomberg) | Published: 12/5/2022
Rudy Giuliani “weaponized his law license” to try to undermine the U.S. Constitution when he led a failed effort for Donald Trump to invalidate potentially millions of Pennsylvania votes after the 2020 election, District of Columbia Bar officials argued at a hearing. Giuliani’s Washington law license is on the line as he faces allegations that he violated attorney practice rules by filing a “frivolous” post-election lawsuit in federal court that featured baseless claims of widespread fraud. Giuliani’s defense against the ethics complaint involves digging in two years later on his belief there was evidence that the election was tainted by voting irregularities and fraud.
December 2, 2022 •
News You Can Use Digest – December 2, 2022
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National/Federal Candidates Recoup $5M in Old Campaign Loans So Far Thanks to Ted Cruz’s $555K Court Win MSN – Todd Gillman (Dallas Morning News) | Published: 11/24/2022 In May, the U.S. Supreme Court struck down limits in place for two decades […]
National/Federal
Candidates Recoup $5M in Old Campaign Loans So Far Thanks to Ted Cruz’s $555K Court Win
MSN – Todd Gillman (Dallas Morning News) | Published: 11/24/2022
In May, the U.S. Supreme Court struck down limits in place for two decades that barred federal candidates from raising money indefinitely to pay off personal loans. At least 18 current lawmakers and former candidates have availed themselves of the flexibility that Sen. Ted Cruz engineered to recover loans from previous campaigns. Together, they have recouped $5 million. Paul Smith of the Campaign Legal Center, which also defended the restrictions Cruz got overturned, drew a distinction between a senator taking donations that end up in his personal account and an ex-candidate tapping unspent campaign funds to repay an old loan.
Cyberthieves Stole $186,000 from a Republican Member of Congress as Fraud Epidemic Plagues Political Committees
Yahoo News – Dave Levinthal (Business Insider) | Published: 11/29/2022
A cyber thief known only as “Vix” stole more than $186,000 from U.S. Rep. Diana Harshbarger’s campaign account in an “unauthorized fraudulent wire transfer” in July. The Harshbarger campaign told the FEC the bank in which the stolen money was deposited “froze the funds and returned all the money in question,” meaning Harshbarger did not lose the money for long, in contrast to other prominent political committees that have together lost millions of dollars in recent years. Cybertheft methods such as phishing are preferred methods among perpetrators. But more old-school techniques, such as stealing or falsifying paper checks, are also common.
Democrats Prepare to Upend Presidential Primary Calendar
MSN – Elena Schneider (Politico) | Published: 11/29/2022
The list of states with the biggest say in Democratic presidential contests could get a big shake-up. A flurry of public and private lobbying to reformat the longtime early-state lineup of Iowa, New Hampshire, Nevada, and South Carolina kicked off again after the midterms. States like Michigan and Minnesota are trying to push in, while Nevada is making a play for first-in-the-nation status over New Hampshire. The Democratic National Committee has left open the possibility of adding a fifth calendar to the slate.
Ethics Watchdog Group Seeks Probes into Oversight of Officials’ Stock-Trading Conflicts
Fox Business – Brody Mullins and Rebecca Ballhaus (Wall Street Journal) | Published: 11/22/2022
The Campaign Legal Center filed a series of legal complaints alleging the federal government is failing to adequately enforce conflict-of-interest rules. It called on the executive-branch agency that oversees ethics rules to investigate what it called deficiencies in enforcement at several agencies. The group also requested that internal investigators at four agencies examine whether their ethics programs complied with federal rules. The legal filings were prompted by a series of articles revealing that thousands of federal employees held stock in companies that were regulated by the agencies where those employees worked.
House Democrats Prepare for Unfamiliar Territory: New leaders, in a minority
MSN – Mariana Sotomayor and Camila DeChalus (Washington Post) | Published: 11/30/2022
House Democrats elected a new generation of leaders who will be responsible for keeping the caucus united as they set their sights on winning back the majority next term. The decision by Speaker Nancy Pelosi and Majority Leader Steny Hoyer to step aside after leading Democrats for two decades has paved the way for the caucus to unite around a younger, more diverse trio of leaders. Democrats elected Rep. Hakeem Jeffries to serve as minority leader, Rep. Katherine Clark as minority whip, and Rep. Pete Aguilar as chairperson. Jeffries will make history as the first Black member to lead either party in either chamber of Congress.
Inside Sam Bankman-Fried’s Courtship of a Washington Regulator
MSN – Tory Newmyer and Peter Whoriskey (Washington Post) | Published: 11/28/2022
Crypto magnate Sam Bankman-Fried’s FTX has collapsed amid allegations of fraud. As the financial world examines why major firms threw hundreds of millions of dollars at the 30-year-old Bankman-Fried, some are looking anew at his courtship of Washington, D.C. and why he sought to build ties with Rostin Behnam and the agency he leads, the Commodity Futures Trading Commission. Bankman-Fried had given enough in political currency to expect to get an audience. He gave $40 million to politicians and PACs before the midterms, mostly to Democrats and liberal-leaning groups. Another senior FTX official, Ryan Salame, gave large sums to Republicans.
Oath Keepers’ Rhodes Guilty of Jan. 6 Seditious Conspiracy
MSN – Lindsay Whitehurst, Alana Durkin Richer, and Michael Kunzelman (Associated Press) | Published: 11/29/2022
Oath Keepers founder Stewart Rhodes was convicted of seditious conspiracy for a violent plot to overturn President Biden’s election, handing the Justice Department a major victory in its prosecution of the Capitol insurrection. Rhodes was acquitted of two other conspiracy charges. A co-defendant, Kelly Meggs, who led the group’s Florida chapter, was also convicted of seditious conspiracy, while three other associates were cleared of that charge. Jurors found all five defendants guilty of obstruction of an official proceeding: Congress’ certification of Biden’s electoral victory.
‘Opening the Gates of Hell’: Musk says he will revive banned accounts
MSN – Taylor Lorenz (Washington Post) | Published: 11/24/2022
Elon Musk said he is granting “amnesty” for suspended accounts. The announcement came after he posted a poll whether there should be reinstatements for accounts that have not “broken the law or engaged in egregious spam.” The mass return of users who had been banned for such offenses as violent threats, harassment, and misinformation will have a significant impact on the platform, experts said. Many questioned how such a resurrection would be handled, given it is unclear what Musk means by “egregious spam” and the difficulty of separating out users who have “broken the law,” which vary widely by jurisdiction and country.
Supreme Court Clears Way for Trump Tax Returns to Go to Congress
MSN – Robert Barnes (Washington Post) | Published: 11/23/2022
The U.S. Supreme Court cleared the way for a congressional committee to examine Donald Trump’s tax returns, denying without comment the former president’s last-ditch effort to extend a legal battle that has consumed Congress and the courts for years. Lawmakers have said they need Trump’s tax returns from his time in office, plus the year before his term and the year after for comparison, to help evaluate the effectiveness of annual presidential audits. Trump has argued Democratic lawmakers are on a fishing expedition designed to embarrass him politically.
Supreme Court Responds to Lawmakers on Ethics Complaints
MSN – Josh Gerstein (Politico) | Published: 11/28/2022
The U.S. Supreme Court issued an unusually forceful and detailed rebuttal to ethics concerns raised by two Democratic lawmakers about a drive by religious conservatives to entertain some justices. Sen. Sheldon Whitehouse and Rep. Hank Johnson threatened a probe if the court did not launch its own inquiry into the claims. The court’s legal counsel, Ethan Torrey, repeated and expanded on earlier denials of impropriety issued by Justice Samuel Alito, following reports in the media about a concerted campaign by religious-right activists to encourage more conservative decisions by the justices by building connections with them in social settings.
Trump’s Dinner with Antisemites Provides Test of GOP Response to Extremism
MSN – Isaac Arnsdorf, Josh Dawsey, and Marianna Sotomayor (Washington Post) | Published: 11/30/2022
Former President Trump’s refusal to apologize for or disavow the outspoken antisemites he dined with recently is setting him increasingly at odds with leaders of his own party, providing the first test of his political endurance since launching his third run for the White House. The fracas is also testing how Republicans will handle the party’s extreme fringe in the months ahead after years of racist, misogynist, and antisemitic speech flooding into the political bloodstream during the Trump era.
Canada
Canada – Questions Raised About Whether Former N.S. Premier Was Lobbying for New Golf Course
CBC – Tom Ayers | Published: 11/21/2022
Former Nova Scotia Premier Rodney MacDonald said he is not lobbying the provincial government on behalf of a private golf course developer. He is not listed on the provincial registry of lobbyists, but he has contacted all three party leaders in the Legislature about a proposed 18-hole course on protected lands. MacDonald said he has simply met with local groups on behalf of a developer and given provincial politicians a heads-up that a proposal may be coming.
Canada – Updated Lobbyists’ Code Awaits Approval from House Committee. Critics Say Changes ‘Gut Ethical Lobbying Rules’
National Observer – Natasha Bulowski | Published: 11/29/2022
Proposed changes to Canada’s Lobbyists’ Code of Conduct are ready to be examined and approved by the parliamentary ethics committee before coming into force after two years and three rounds of consultations. The draft update introduced new standards for lobbyists regarding shared relationships, political activities, and gifts. Perhaps one of the most controversial changes has to do with the time between a lobbyist campaigning to elect a politician and petitioning them in their elected role.
From the States and Municipalities
Alabama – AG Steve Marshall Says Alabama Ethics Commission Policy Undermines Enforcement
MSN – Mike Cason (AL.com) | Published: 11/29/2022
State Attorney General Steve Marshall said his office cannot rely on findings by the Alabama Ethics Commission because of a commission policy that it does not disclose exculpatory information to people under investigation. Marshall’s lawsuit says the commission’s rule to not disclose exculpatory information, evidence that is favorable to the accused, violates due process for those under investigation and impairs the ability of his office to enforce ethics laws. Marshall asked the court to declare the rule null and void.
Arizona – Three Weeks After Election, Arizona Remains in Turmoil Over Results
MSN – Yvonne Wingett Sanchez and Isaac Stanley-Becker (Washington Post) | Published: 11/28/2022
In Arizona, where problems with ballot printer ink at about a third of Phoenix-area polling places have fueled unproven Republican claims of a stolen election, events surrounding certification of the results showcased the depths of distrust in election administration in the state, as well as the willingness of GOP candidates and elected officials to sanction, even stoke, that distrust. State Attorney General Mark Brnovich has not indicated publicly how he will handle the looming deadline for the state to certify the results.
California – After Spending $39 Million, California’s Campaign Finance Website Still Trapped in 2000
Center Square – Madison Hirneisen | Published: 11/30/2022
Despite nearly $40 million spent to update California’s antiquated campaign finance website, state lawmakers are still awaiting the roll out of a new platform that was initially scheduled to go live in 2019. Now that may be pushed back to June 2026. That was the subject of a hearing to understand the delay in rolling out an updated version of the California Automated Lobbying and Campaign Contribution Electronic Search System, better known as Cal-Access.
California – Former California Police Chief Charged in CalPERS Double-Dipping Fraud Case
MSN – Randy Diamond (Sacramento Bee) | Published: 11/23/2022
Criminal charges of grand theft have been brought against Greg Love, one of several Broadmoor Police Department chiefs and commanders that the California Public Employees’ Retirement System (CalPERS) said defrauded the pension system by collecting more than $2 million in excessive retirement payments. Another former chief, David Parenti, will not be subject to any criminal prosecution. CalPERS misplaced the records for more than four years that detailed a complaint saying Parenti was collecting retirement benefits while drawing a salary as police chief and other positions, said San Mateo County Prosecutor Steve Wagstaffe.
California – These Teens Won the Right to Vote. Their County Disenfranchised Them.
MSN – Moriah Balingit (Washington Post) | Published: 11/30/2022
Many high school students in Oakland worked to lower the voting age to 16 for school board races, arguing no one had a higher stake in who led their district. They won, convincing a supermajority of the electorate in 2020 to expand voting rights to younger teens. But Alameda County, which runs the city’s elections, never implemented the measure. It also failed to deliver on a 2016 ballot initiative from Berkeley that did the same thing. So, November 8 passed like election days past: with 16- and 17-year-olds watching from the sidelines.
Florida – Suspended Florida Prosecutor Takes Fight to DeSantis in Opening Day of Federal Trial
Yahoo News – Gary Fineout (Politico) | Published: 11/29/2022
Suspended Hillsborough County State Attorney Andrew Warren took his battle against Florida Gov. Ron DeSantis to a federal court in a trial that is exposing the machinations in how the governor’s office operates. DeSantis suspended Warren in August over moves the Democratic elected official made, including signing a pledge that he would not enforce the state’s new abortion laws. Warren contends that DeSantis’s move to suspend him violated his First Amendment rights.
Georgia – Court Says Trump Aide Meadows Must Testify in Election Probe
MSN – Kate Brumback (Associated Press) | Published: 11/29/2022
The South Carolina Supreme Court said former White House chief of staff Mark Meadows must testify before a special grand jury investigating whether then-President Donald Trump and his allies illegally tried to influence the 2020 election in Georgia. The court’s opinion says the justices reviewed Meadows’ arguments and found them to be “manifestly without merit.”
Georgia – Hall County Solicitor Accused of Ignoring Campaign Finance Laws
WAGA – Randy Travis | Published: 11/22/2022
The Georgia Government Transparency and Campaign Finance Commission filed a complaint accusing Hall County Solicitor General Stephanie Woodard of failing to provide key campaign and financial disclosures for every year since 2018. Records show Woodard has spent little or no money on campaigns in recent years because she has had no opposition. But the law still requires regular reporting.
Georgia – Herschel Walker Only Recently Stopped Renting Out Georgia Home He Claims as His Residence
Yahoo News – Roger Sollenberger (Daily Beast) | Published: 11/28/2022
When he launched his campaign for the U.S. Senate in Georgia, it was widely known at the time that Herschel Walker had been living in Texas for decades, though he has claimed to maintain a residence in Atlanta for “17 years.” Less widely known was that Walker’s wife collected rental income for that residence. Federal law does not require Senate candidates to reside in the state they plan to represent until they are elected. But under Georgia law, aspiring candidates must meet certain residency requirements before they can run for office.
Illinois – Lightfoot Hit with Ethics Complaint After Taking $25K Donation from Chicago Fire Owner Involved in Training Facility Land Swap
WTTW – Heather Cherone | Published: 11/30/2022
Mayor Lori Lightfoot should be investigated for accepting a $25,000 contribution to her re-election campaign from Chicago Fire owner Joe Mansueto, according to a complaint. That donation came 57 days after the city council approved a proposal Lightfoot backed to turn over some 26 acres of Housing Authority land to the Chicago Fire Football Club. Mansueto’s donation marks the first time he has financially supported Lightfoot’s campaign.
Kentucky – What You Need to Know About Louisville Metro’s New Lobbying Rules
WFPL – Roberto Roldan | Published: 11/28/2022
Louisville Metro will require people and interest groups that try to influence city officials to register as lobbyists and file financial disclosure reports. Councilperson Bill Hollander said he proposed the legislation after looking at transparency measures taken by local governments of similar size to Louisville. The ordinance was also modeled after Kentucky’s Code of Ethics, which was approved by the General Assembly in 1993.
Maine – State Panel Fines Group That Backed Democratic Candidates
Kennebec Journal – Randy Billings (Portland Press Herald) | Published: 11/30/2022
Maine’s ethics commission voted to impose fines totaling nearly $11,000 against a group that supported Democratic state legislative candidates for violating disclosure laws and filing a late report. The commission determined American Leadership Committee-Maine violated campaign finance laws by sending mailers and running digital advertisements without disclosing the group’s top three donors. Commissioners also reviewed a slate of proposed campaign finance changes that will be submitted to the incoming Legislature.
Maryland – Marilyn and Nick Mosby Each Report $0.00 in Their Campaign Bank Accounts
Baltimore Brew – Mark Reutter | Published: 11/29/2022
Indicted State’s Attorney Marilyn Mosby and her husband, Baltimore City Council President Nick Mosby, each filed reports to the State Board of Elections saying their campaign bank accounts were empty, even though, elsewhere in the same reports, cash surpluses are listed by a computer-generated program. Previously, Baltimore Brew has pointed to many errors and inconsistencies in Marilyn Mosby’s reports, including citing her long-dead grandfather as a campaign donor and listing wrong addresses for staff at the state attorney’s office who contributed.
Massachusetts – Everett Contractor Fined for Excessive Donations to Mayor Carlo DeMaria
MSN – Stephanie Ebbert (Boston Globe) | Published: 11/25/2022
Gregory Antonelli, a contractor and developer in Everett, was fined $6,000 for illegally funneling excessive campaign contributions to Mayor Carlo DeMaria through family members. Antonelli acknowledged asking two relatives to each make $1,000 contributions to the mayor after he had donated the same sum, the maximum amount allowable under campaign finance law. “You subsequently provided cash from your personal account to each family member to reimburse them for the contributions made in their names to the Committee,?” Office of Campaign Finance Director William Campbell wrote to Antonelli.
Michigan – Michigan AG Dana Nessel Wants Lee Chatfield Investigation Records Kept Secret from Public
Yahoo News – Kelly House (Bridge Michigan) and Dave Boucher (Detroit Free Press) | Published: 11/30/2022
The state attorney general wants to restrict public access to search warrant records in its probe of former Michigan House Speaker Lee Chatfield, arguing the documents should remain shielded even though the Detroit Free Press and Bridge Michigan won a judge’s order unsealing them. The decision opens the door to the attorney general sitting on the public documents indefinitely, or at least until any formal results from the investigation are released. That, despite a state law requiring courts to release search warrants and affidavits 56 days after a warrant is issued, unless investigators convince a judge or magistrate to extend the suppression.
Missouri – Eric Schmitt’s Office Did Not Keep Travel Records after 2020, Raising Transparency Concerns
AOL – Kacen Bayless and Daniel Desrochers (Kansas City Star) | Published: 11/28/2022
In April, Missouri Attorney General Eric Schmitt walked from inside the U.S. Supreme Court to a circle of cameras and reporters stationed on the sidewalk. Schmitt took questions about his and Texas Attorney General Ken Paxton’s challenge to a Biden administration immigration policy. But as he represented the taxpayers of Missouri in front of the Supreme Court, his office did not keep his travel records. The oral arguments, covered by news organizations across the country, did not appear on his calendar. His calendar notes a “Press Conference” and two television interviews that day. There are no records showing the cost of the trip or reimbursement checks.
New Jersey – NJ Transit Report Card: A chief ethics officer with two jobs and two masters
MSN – Colleen Wilson (Bergen Record) | Published: 11/24/2022
The position of chief ethics officer was created as part of the NJ Transit reform legislation to investigate fraud, waste, and abuse. The board unanimously approved Christopher Iu for the position in 2021. Iu, however, is also the agency’s chief compliance officer, and in that role answers to Kevin Corbett, the chief executive officer of NJ Transit. This arrangement is not what former state Sen. Loretta Weinberg had in mind when she was writing the legislation.
New Mexico – Nuclear Watchdog Accuses Ex-Environment Official of Conflicting Interests After She Accepts LANL Job
Santa Fe New Mexican – Scott Wyland | Published: 11/28/2022
A nuclear watchdog group wants a state commission in New Mexico to nullify its decision on a permit for Los Alamos National Laboratory’s radioactive liquid waste treatment facility, arguing the panel’s former chair backed a ruling favorable to the lab while she sought a job with the federal agency that oversees it. Critics say former state Water Quality Control Commission Chairperson Stephanie Stringer, who also was a deputy secretary of the state Environment Department, is the latest in a series of New Mexico regulators going to work for entities they oversee after taking actions that appear to help their new employers.
New York – De Blasio Was Admonished by Ethics Board for Using City Staff and Phone for Politicking. His Underlings Weren’t So Lucky.
The City – Yoav Gonen | Published: 11/29/2022
Former New York City Mayor Bill de Blasio violated conflict-of-interest rules more extensively than previously known, but the city’s ethics board kept the breaches under wraps by admonishing him privately. De Blasio received the two 2016 warning letters even as some lower-level municipal workers whom the board found to have similarly misused city resources or personnel got punishments that ranged from a public admonishment to fines of thousands of dollars.
New York – New Ethics Rules Derailed State’s Annual Turkey Donation Program
Albany Times Union – Brendan Lyons | Published: 11/23/2022
The New York Democratic Party hurriedly bought and helped distribute roughly 4,000 turkeys after the state’s new ethics rules derailed what had been a November rite of passage for governors to oversee the distribution of the donated birds. Attorneys for Gov. Kathy Hochul’s administration determined the law adopted this year prohibited the state from accepting the donations.
New York – Supreme Court Suggests Higher Bar May Be Needed for Corruption Cases
MSN – Robert Barnes (Washington Post) | Published: 11/28/2022
The U.S. Supreme Court appeared poised to make it tougher to prosecute political corruption cases as they signaled sympathy toward an ex-aide to former New York Gov. Andrew Cuomo and a businessperson convicted on bribery and fraud charges. The court has questioned federal prosecutors pursuing public officials for behavior that some justices have considered the normal activity of politics. The justices heard arguments by Cuomo’s former executive deputy secretary Joseph Percoco and onetime construction company executive Louis Ciminelli, who were charged in a corruption crackdown by federal prosecutors centered on Albany.
Ohio – Ethics Questions Swirl Around Lake County Commissioner
WKYC – Phil Trexler and Marisa Saenz | Published: 11/22/2022
Lake County Commissioner John Plecnik worked two full-time jobs and took on a third by using his government office and taxpayer resources. Plecnik, who earns $114,000 as a full-time Cleveland State University law school professor and about $95,000 annually as commissioner, was paid to teach an out-of-state law class via Zoom last summer and used his office to conduct the class. He donated the $9,000 teaching stipend to the Lake County NAACP chapter. Plecnik was not an NAACP member, nor has he ever made a significant contribution until it became known the media was investigating him.
Ohio – Jacob Wohl, Jack Burkman Must Spend 500 Hours Registering Voters as Penance for Phony Robocalls Targeting Black Voters in Cleveland
MSN – Cory Shaffer (Cleveland Plain Dealer) | Published: 11/29/2022
A judge ordered Jacob Wohl and Jack Burkman, two right-wing conspiracy theorists behind robocalls that sought to intimidate Black voters in Cleveland out of casting mail-in ballots in the 2020 presidential election, to spend 500 hours registering voters in low-income neighborhoods in the Washington, D.C. area. Cuyahoga County Common Pleas Court Judge John Sutula placed them on two years of probation, fined each $2,500, and ordered them to home confinement for the first six months of their probation.
Ohio – Ohio Bribery Case: Explosive Justice Department documents show Larry Householder’s involvement in pay-to-play for sports betting
WKYC – Dave DeNatale, Phil Trexler, and Neil Fischer | Published: 11/30/2022
New court filings suggest former Speaker of the House Larry Householder was heavily involved in a “pay-to-play” scandal to bring sports betting to Ohio. The Justice Department says Neil Clark instructed undercover agents to pay $50,000 to $100,000 to expedite legislation, which would eventually end up going to Householder and his associates through his “dark money” account, Generation Now.
Oregon – Oregon State Senator’s Fiery Words Test Free Speech Limits
OPB – Andrew Selsky (Associated Press) | Published: 11/29/2022
A state senator who made veiled threats against the Oregon State Police and the Senate president said he is pursuing a freedom of speech lawsuit against fellow lawmakers who sanctioned him. Sen. Brian Boquist said he also is seeking an order from the Oregon Supreme Court that would prevent the state police or the state attorney general from enforcing legislative branch rules.
Oregon – Portland Auditor Withdraws $5,520 Fine Against Rene Gonzalez’s City Council Campaign
MSN – Catalina Gaitán (Portland Oregonian) | Published: 11/23/2022
The Portland City Auditor reversed its October determination that Rene Gonzalez’s city council campaign violated campaign finance limits by accepting a subsidized $250 monthly rent for over 3,000 square feet of office space and two designated parking spots in downtown Portland owned by campaign supporter and real estate mogul Jordan Schnitzer. The announcement arrives after Judge Joe Allen revoked a $77,000 fine the city issued against the campaign. Allen said the deeply discounted office space did not surpass the fair market value of the property and therefore did not qualify as an unreported campaign contribution.
Tennessee – Former State Sen. Brian Kelsey Pleads Guilty to Two Federal Charges in Campaign Conspiracy
Yahoo News – Melissa Brown (Tennessean) | Published: 11/22/2022
Former Tennessee Sen. Brian Kelsey pleaded guilty to violating federal campaign finance laws in a scheme to bolster his failed 2016 congressional campaign. The case was moving toward a January trial when Kelsey’s co-defendant, Joshua Smith, pleaded guilty in October. Kelsey and Smith conspired to “orchestrate the concealed movement of $91,000,” the Department of Justice said, the majority of which came from Kelsey’s state Senate campaign account. The funds were shuffled to a national political group to buy advertising for Kelsey’s campaign. The organization made another $80,000 worth of contributions to Kelsey’s congressional campaign.
November 23, 2022 •
News You Can Use Digest – November 23, 2022
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National/Federal Cigars, Booze, Money: How a lobbying blitz made sports betting ubiquitous Yahoo News – Eric Lipton and Kenneth Vogel (New York Times) | Published: 11/20/2022 In 2018, the U.S. Supreme Court ruled the federal prohibition on sports betting was unconstitutional. […]
National/Federal
Cigars, Booze, Money: How a lobbying blitz made sports betting ubiquitous
Yahoo News – Eric Lipton and Kenneth Vogel (New York Times) | Published: 11/20/2022
In 2018, the U.S. Supreme Court ruled the federal prohibition on sports betting was unconstitutional. Gambling companies and their allies then deployed a full court lobbying campaign to press for sports betting in state capitals, showering lawmakers with money, gifts, and visits from sports luminaries and at times using deceptive arguments to extract tax breaks and other concessions, according to a New York Times investigation. In state after state, while lobbyists cultivated friendly relationships with lawmakers and regulators, the interests of taxpayers and people at risk of gambling problems were often on the back burner.
GOP Operative Found Guilty of Funneling Russian Money to Donald Trump
MSN – Rachel Weiner (Washington Post) | Published: 11/17/2022
A federal jury convicted a Republican political operative, Jesse Benton, for funneling illegal campaign contributions from a Russian national into Donald Trump’s 2016 campaign. Benton worked with another GOP operative to arrange for Roman Vasilenko to attend a fundraiser and take a picture with Trump. Since the event required a contribution, Vasilenko sent $100,000 to Benton’s political consulting firm, $25,000 of which Benton donated in his own name to the Trump campaign and the other $75,000 of which he pocketed.
How Carolyn Maloney’s Ticket to the Met Gala Led to an Ethics Inquiry
Yahoo News – Nicholas Fandos (New York Times) | Published: 11/21/2022
When U.S. Rep. Carolyn Maloney learned in 2016 that she had been dropped from the guest list for that year’s Met Gala, she evidently could not abide it. Maloney called a powerful friend and appeared to have done her own version of trying to talk her way on the list. In an investigative referral, a congressional ethics watchdog contended her cajoling – including reminding the Met “how much she does for the Met” – may have violated House ethics rules or federal laws that bar lawmakers from soliciting gifts, including invitations.
In New Special Counsel, a Prosecutor Schooled in Corruption Cases
DNyuz – Charlie Savage and Alan Feuer (New York Times) | Published: 11/19/2022
Attorney General Merrick Garland appointed Jack Smith as special counsel to oversee a pair of criminal investigations involving former President Trump, thrusting him into a political firestorm that will doubtlessly accompany the job. The special counsel’s purview will include the probe of Trump’s alleged retention of highly sensitive national security secrets at his Florida estate, and aspects of the effort by Trump and his allies’ effort to subvert the 2020 election and disrupt the transition of power to President Biden. Smith has been prosecuting criminal cases, including politically charged corruption investigations involving public officials, for nearly 30 years.
Pelosi to Step Down as House Democratic Leader
Yahoo News – Sarah Wire (Los Angeles Times) | Published: 11/17/2022
House Speaker Nancy Pelosi said she will not seek to lead House Democrats for another term but remain in Congress. The decision, capping a 35-year career in which Pelosi became the most powerful female member of Congress in U.S. history, followed her party’s narrow loss of the chamber in the midterm election. Pelosi is also abiding by a 2018 agreement with fellow Democrats that she would step down from leadership by the end of 2022 to make way for a new generation. Pelosi also said the attack on her husband, Paul, would be a factor in her decision.
Senior Democratic Lawmakers Demand Answers on Alleged Supreme Court Leak
MSN – Josh Gerstein (Politico) | Published: 11/20/2022
Sen. Sheldon Whitehouse and Rep. Hank Johnson are demanding that Supreme Court Chief Justice John Roberts detail what, if anything, the court has done to respond to recent allegations of a leak of the outcome of a major case the justices considered several years ago. Whitehouse and Johnson are also interested in examining claims about a concerted effort by religious conservatives to woo the justices through meals and social engagements. They made clear if the court will not investigate the alleged ethical breaches, lawmakers are likely to launch their own probe.
Trump Family’s Newest Partners: Middle Eastern governments
Yahoo News – Eric Lipton and Maggie Haberman (New York Times) | Published: 11/21/2022
The Trump Organization signed a deal with a Saudi Arabian real estate company that creates new conflict-of-interest questions for Donald Trump’s just-launched presidential campaign. The deal is for a Trump-branded hotel, villas, and a golf course as part of a $4 billion real estate project in Oman. The agreement continues a practice that had been popular for the Trump family business until Trump was elected president – selling branding rights to an overseas project in exchange for a generous licensing fee.
From the States and Municipalities
Alaska – APOC OKs Subpoenas for Republican Governors Association Execs in Dunleavy Coordination Case
Midnight Sun – Matt Acuña Buxton | Published: 11/18/2022
The Alaska Public Offices Commission issued subpoenas to two officials with the Republican Governors Association (RGA), Executive Director Dave Rexrode and Chief Financial Officer Erim Canligil. A complaint argues the independent expenditure group illegally coordinated with Gov. Mike Dunleavy’s campaign, violating laws intended to keep candidates separated from unlimited corporate spending.
Arkansas – Ethics Commission Reaches Settlements in Cases Involving Advocacy Group and Arkansas Legislators
Arkansas Democrat-Gazette – Michael Wickline | Published: 11/18/2022
The Common Ground Arkansas group founded by state Sen. Jim Hendren, along with Sen.-elect Bryan King and state Rep. Mary Bentley, have each been sanctioned with fines and public letters of caution by the Arkansas Ethics Commission. The fines range from $50 to $150. In a complaint, Sen. Trent Garner alleged Hendren, as founder and board member of Common Ground, violated state election law by engaging in expressed advocacy for the purpose of influencing the nomination for election or election of candidates.
California – Anaheim Residents Pressure City Council to Publicly Release Corruption Probe
Voice of OC – Hosam Elattar | Published: 11/16/2022
Anaheim residents will get to see if their elected leaders are corrupt after they pressured the city council to commit to releasing the findings of an internal probe. The results could implicate city staff and officials themselves. It comes after revelations of an FBI probe into City Hall and former Mayor Harry Sidhu. Federal agents allege Sidhu tried ramming through the Angel Stadium land sale for $1 million in campaign support from team officials.
California – California Raises Campaign Contribution and Gift Limits for 2023-2024
Lexology – Kimberly Railey (Covington & Burling LLP) | Published: 11/18/2022
The California Fair Political Practices Commission voted to increase limits on campaign contribution and gifts to public officials. The new caps take effect on January 1, 2023.
Connecticut – After Record Spending in CT Governor Race, Questions Arise Over Future Spending by Wealthy Candidates
CT Insider – Ken Dixon | Published: 11/21/2022
Connecticut Gov. Ned Lamont and challenger Bob Stefanowski avoided the state’s public campaign financing program in this year’s gubernatorial election, dipping into their own wealth to spend more than $30 million and raising the question of whether top of the ticket candidates will continue doing this in the future and just how wealthy someone must be to run for the state’s highest office. If the current maximum $9 million grant is not increased for governor candidates, it could subvert the purpose of the law aimed at removing lobbyist and special-interest money from statewide and General Assembly races while opening the pool of potential candidates.
Connecticut – Manager at CT State Pier Recommended Itself for $87M in Contracts
Connecticut Mirror – Andrew Brown | Published: 11/21/2022
The company hired to oversee the redevelopment of the State Pier in New London, Kiewit Corporation, recommended itself for tens of millions of dollars in subcontracts under the project, even in some cases where another construction firm submitted a lower-priced bid to the state. That arrangement is now drawing criticism from a few Connecticut lawmakers who are concerned about the potential for a conflict-of-interest. Sen. Paul Formica, who represents the district where the new pier is being built, argued it was a poor business practice to allow Kiewit to both manage the public bidding process and submit offers for work at the site.
Florida – Judge Blocks DeSantis Law on Barring ‘Woke’ Education
Yahoo News – Anthony Izaguire (Associated Press) | Published: 11/17/2022
U.S. District Court Judge Mark Walker blocked a law pushed by Florida Gov. Ron DeSantis that restricts certain race-based conversations and analysis in colleges. Walker issued a temporary injunction against the so-called Stop Woke act in a ruling that called the legislation “positively dystopian.” The law prohibits teaching that contend members of one ethnic group are inherently racist and should feel guilt for past actions committed by others. It also bars the notion that a person’s status as privileged or oppressed is necessarily determined by their race or gender, or that discrimination is acceptable to achieve diversity.
Georgia – Judge Says Georgia Law Allows Saturday Voting for Runoff
MSN – Kate Brumback and Jeff Amy (Associated Press) | Published: 11/18/2022
A judge said Georgia law allows counties to offer early voting on the Saturday after Thanksgiving, which is the only possibility for Saturday voting before the runoff election between U.S. Sen Raphael Warnock and Republican Herschel Walker. Warnock’s campaign filed a lawsuit arguing that early voting should be allowed that day. They were challenging guidance by Georgia Secretary of State Brad Raffensperger that said it would be illegal to hold early voting on Saturday, November 26, the day after a state holiday.
Idaho – September Special Session Leads to $24,000 in Fines Against 91 Idaho Lobbyists for Late Filings
Idaho Capital Sun – Kelcie Moseley-Morris | Published: 11/21/2022
Ninety-one lobbyists were fined for filing late reports following Idaho’s one-day special session on September 1. There are 393 registered lobbyists in Idaho, meaning about 23 percent of the registered lobbyists were fined. According to emails sent to the affected lobbyists, the report was due October 15, and a fine of $50 is assessed each day the report is late. Those fines are also applicable for campaign finance reports that candidates must file monthly according to election cycles. While 13 of the fines were $150 or less, the rest were $300 after the secretary of state’s office decided to reduce what were initially $700 to $900 fines.
Illinois – Madigan: Indicted but still pitching for (and getting) money
Chicago Sun-Times – Tim Novak and Dave McKinney | Published: 11/18/2022
Since being indicted last March as part of a wide-ranging corruption investigation, former Illinois House Speaker Michael Madigan has been personally soliciting campaign contributions for his Democratic ward organization and has gotten more than $400,000 for the political fund. These contributions have helped replenish $302,000 in legal fees Madigan’s groups has spent since being subpoenaed by a federal grand jury as part of the ongoing criminal case. It is unusual to see such a large haul associated with someone in the crosshairs of federal prosecutors, someone who no longer can dole out political favors and jobs, as Madigan did for decades.
Illinois – With New Campaign Fund, Mayor Lori Lightfoot’s Allies Are Raising Cash Outside City Ethics Rules Limits
MSN – Gregory Pratt (Chicago Tribune) | Published: 11/21/2022
The establishment of a new independent expenditure committee in October underscores the political battle that Chicago Mayor Lori Lightfoot’s supporters are anticipating in the coming months and the loopholes that exist in campaign finance laws and city ethics rules designed to limit the influence political backers have on elected officials’ government actions. The 77 Committee, which is being run by a longtime top adviser to Lightfoot, is allowed to accept unlimited funds for her reelection, including from city contractors who are restricted under ethics rules from contributing to the mayor’s campaign or a Lightfoot-aligned PAC.
Indiana – Doctor Says She Shouldn’t Have to Turn Over Patients’ Abortion Records
MSN – Kim Bellware (Washington Post) | Published: 11/19/2022
A physician who provided an abortion to a 10-year-old rape victim has asked a judge to stop the Indiana attorney general from accessing patient medical records as part of an investigation into consumer complaints her lawyers have called a “sham.” Caitlin Bernard’s lawyers said Attorney General Todd Rokita’s efforts to obtain the patient’s medical charts are a troubling violation of patient privacy that, if allowed, would shake trust in doctor-patient confidentiality. The state countered that Rokita’s office is allowed to access the records as it investigates complaints accusing Bernard of professional lapses.
Louisiana – Federal Grand Jury Probing Purchases by LaToya Cantrell’s Image Consultant
NOLA.com – David Hammer (WWL), John Simerman, and Gabriella Killett | Published: 11/17/2022
At least two New Orleans area stores have received subpoenas from a federal grand jury and been questioned by FBI agents about clothing purchases made by Mayor LaToya Cantrell’s image consultant, Tanya Haynes. Gray Sexton, the former lawyer for the Louisiana Board of Ethics Board, said such expenditures are proper under state law only if they are truly spent on consulting, not clothing. He noted a few limited exceptions to that rule, such as people who hold elected positions that might require them to wear a uniform, such as an elected police chief, might be able to tap their campaign funds.
New Jersey – Former Top Aide to NJ Senate Leader Pleads Guilty to Tax Evasion and Wire Fraud Conspiracy
Yahoo News – Steve Janoski and Ashley Balcerzak (Bergen Record) | Published: 11/21/2022
The former chief of staff to the New Jersey Senate president pleaded guilty to tax evasion and wire fraud charges. Tony Teixeira admitted he conspired with Sean Caddle, a former Hudson County political operative, to overcharge various campaigns, PACs, and nonprofits for work done by Caddle’s consulting firm. Caddle paid a portion in cash and the rest through checks made out to Teixeira’s relatives to conceal the kickbacks. Teixeira never reported the earnings to the IRS. Caddle remains on home confinement after pleading guilty to a plot in which he hired two hitmen to kill a former friend and associate.
New York – ‘Investment in Democracy’: NY begins matching campaign donations for state candidates
Auburn Citizen – Robert Harding | Published: 11/19/2022
A new program will allow candidates for state-level offices in New York to receive public funds to match small-dollar donations. The Public Campaign Finance Board launched the matching program recently for the 2024 election cycle. Candidates for state Legislature will be the first group eligible to apply and receive matching funds. The program will be in place for statewide candidates running in the 2026 election.
New York – Manhattan Prosecutors Again Consider a Path Toward Charging Trump
MSN – Jonah Bromwich, Ben Protess, and William Rashbaum (New York Times) | Published: 11/21/2022
The Manhattan district attorney’s office has moved to jump-start its criminal investigation into Donald Trump, seeking to breathe new life into an inquiry that once seemed to have reached a dead end. Under the new district attorney, Alvin Bragg, the prosecutors have returned to the long-running investigation’s original focus: a hush-money payment to Stormy Daniels, who said she had an affair with Trump. The renewed scrutiny of the hush money comes amid an intensifying swirl of legal and political drama around Trump.
Texas – Austin Candidates Say Bad Advice from City Made Them Miss Out on Election Funds
MSN – Sarah Asch (Austin American-Statesman) | Published: 11/21/2022
Despite following guidance from the city clerk’s office, two Austin City Council candidates will miss out on thousands of dollars they had sought from a fund set up to help candidates pay for election activities. José Velásquez and Ryan Alter filed a lawsuit asking for a restraining order to prevent the city from distributing the funds, which they say they are entitled to receive. The money is held in the Fair Campaign Finance Fund, which was set up in 2008 for candidates who sign a pledge to limit the amount of campaign contributions they accept from special interest groups or from outside the city. A judge denied the restraining order.
Washington – Public Disclosure Commissions Fines Sheriff Ozzie Knezovich for Electioneering, Lobbying; Sheriff Vows Appeal
Spokane Spokesman-Review – Kip Hill | Published: 11/18/2022
Spokane County Sheriff Ozzie Knezovich violated a pair of state laws prohibiting the use of public office for electioneering and use of public funds for indirect lobbying when he produced a YouTube video attacking Democratic lawmakers for their stance on crime, the Washington Public Disclosure Commission ruled. Knezovich was fined $300.
November 18, 2022 •
News You Can Use Digest – November 18, 2022
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National/Federal Conservative Group Pressing States to Adopt Laws Protecting Companies from ‘Political Boycotts’: Report Yahoo News – Jared Gans (The Hill) | Published: 11/11/2022 A conservative group is planning to push state lawmakers across the country to adopt legislation to shield […]
National/Federal
Conservative Group Pressing States to Adopt Laws Protecting Companies from ‘Political Boycotts’: Report
Yahoo News – Jared Gans (The Hill) | Published: 11/11/2022
A conservative group is planning to push state lawmakers across the country to adopt legislation to shield American companies from “political boycotts.” It was reported that the American Legislative Exchange Council will lobby legislators to back its proposal at its States and Nation Policy Summit. The plan would require all government entities to include a clause in their contracts with businesses that they will promise to not “engage in economic boycotts.” The move comes amid strong Republican pushback to financial institutions seeking to distance themselves from industries such as fossil fuels.
Departing Lawmakers Are Lining Up Cushy Lobbying Gigs
MSN – Hailey Fuchs (Politico) | Published: 11/17/2022
Departing lawmakers are cashing in on their public service in Washington, D.C. by securing high-paying jobs on K Street. Former lawmakers are prohibited from directly lobbying their onetime colleagues during a waiting period that lasts one year for House members and two years for senators. But they may begin advising clients – except for foreign entities intending to influence the government – immediately. In that capacity, they can offer guidance on the inner workings of their congressional conference and access to their list of contacts.
DHS Blocked Vital Research on Domestic Threats, Say Terrorism Experts
MSN – Hannah Allam (Washington Post) | Published: 11/15/2022
As attacks rose in 2019, Department of Homeland Security (DHS) officials pledged to step up their response to domestic terrorism, funding in-depth research that would help them understand the scale of the problem. But that data collection has not begun, and $10 million languishes unused. About 20 research projects faced delays because of rulings by the department’s Privacy Office that deemed them high-risk even after researchers explained the information they intended to use was available to the public. A DHS official said federal agencies are facing criticism by both major parties for their response to political violence.
Documents Show Big Foreign Government Spending at Trump Hotel
MSN – Bernard Condon (Associated Press) | Published: 11/15/2022
The Trump hotel in Washington, D.C. took in more than $750,000 from six foreign governments at sensitive moments in their U.S. relations, with guests spending as much as $10,000 per room a night, according to documents released by a congressional committee. The Trump hotel near the White House, now a Waldorf Astoria, drew criticism from the start of Trump’s presidency for taking money from Republican politicians, companies, and foreign governments eager to curry favor with him.
FEC Targets Digital Ad Disclosure
Axios – Lachlan Markey | Published: 11/10/2022
The FEC is taking a significant step towards regulating digital political ads, taking up a measure to force disclosure of paid advertising on leading social and streaming platforms. The proposed regulation would require digital ads to disclose the entity paying for them. It would also expand the types of digital ads subject to the regulations, not just traditional banner ads or videos, but also paid social media endorsements and “influencer marketing” efforts.
Feds End Ukraine-Related Foreign Lobbying Investigation into Rudy Giuliani Without Filing Charges
MSN – Kara Scannell (CNN) | Published: 11/14/2022
Federal prosecutors investigating Rudy Giuliani’s activities in Ukraine closed their probe and said no criminal charges will be brought. Prosecutors have been investigating Giuliani, the onetime personal attorney to former President Trump, for possible violations of foreign lobbying laws since early 2019. Prosecutors had examined whether Giuliani operated on behalf of Ukrainian officials when he sought the ouster of the then-U.S. ambassador to Ukraine, Marie Yovanovitch, while urging Ukraine to investigate Joe Biden and his son, Hunter.
Judge Fines Trump Lawyers in Clinton Case Thrown Out in September
MSN – Azi Paybarah (Washington Post) | Published: 11/11/2022
A federal judge fined lawyers for former President Trump more than $66,000 and admonished them for filing frivolous and baseless claims in Trump’s defamation case against Hillary Clinton and her allies stemming from the 2016 presidential election. The fines include a $50,000 sanction to the court and an additional $16,274.23 payment to one of the 29 defendants in the case for expenses incurred as a result of the suit, which the judge dismissed in September.
McConnell Reelected Senate GOP Leader: ‘Not going anywhere’
Yahoo News – Lisa Mascaro, Brian Slodysko, and Mary Clare Jalonick (Associated Press) | Published: 11/16/2022
Sen. Mitch McConnell was reelected as Republican leader, quashing a challenge from Sen. Rick Scott after a disappointing performance in the midterm elections that kept Democrats in control. The unrest in the Senate GOP is similar to the uproar among House Republicans in the aftermath of the midterm elections that left the party split over Donald Trump’s hold on the party. The challenge by Scott, who was urged by Trump to confront McConnell, escalated a feud between Scott, who led the Senate Republican’s campaign arm this year, and McConnell over the party’s approach to try to reclaim the majority.
Questions About Donald Trump’s Campaign Money, Answered
MSN – Fredreka Schouten (CNN) | Published: 11/15/2022
With his formal announcement of a third presidential bid, Donald Trump now will face new limits on raising and spending money ahead of the 2024 election. But election lawyers and campaign finance experts said loopholes in federal election rules, and lax enforcement by federal regulators of existing laws, still offer Trump several potential routes to capitalize on the massive fundraising operation he and his aides have built since his 2020 loss.
Republicans Narrowly Win House, Ending Full Democratic Control of Congress
MSN – Hannah Knowles, Marianna Sotomayor, and Colby Itkowitz (Washington Post) | Published: 11/16/2022
Republicans were projected to win back control of the U.S. House with a narrow majority, dealing a blow to President Biden and his agenda even as Democrats defied predictions of a rout to limit the GOP’s power. Republicans sought to harness dismay at inflation, crime, and the direction of the country. Their gains fell far short of the red wave they once envisioned, as Democrats countered with campaigns centered on abortion rights and fighting Republican extremism. The GOP gains the ability to launch investigations and block legislation.
They Rallied in D.C. on Jan. 6. Now They’ll Join Congress.
MSN – Michael Kranish (Washington Post) | Published: 11/14/2022
While the Republican Party suffered surprising losses in the midterms, including defeats of many who bought into Donald Trump’s false election claims, the arrival of freshman lawmakers in Congress who had come to Washington as pro-Trump activists on January 6, 2021, underscores the extent to which the House Republican caucus remains a haven for election deniers. At least 150 election deniers were projected to win House races, compared with the 139 who voted against certifying President Biden’s election.
Trump Wanted IRS Investigations of Foes, Top Aide Says
Yahoo News – Michael Schmidt (New York Times) | Published: 11/14/2022
While in office, former President Trump repeatedly told John Kelly, his White House chief of staff, that he wanted a number of his perceived political enemies to be investigated by the IRS, Kelly said. Kelly said Trump’s demands were part of a broader pattern of him trying to use the Justice Department and his authority as president against people who had been critical of him. Kelly said he made clear to Trump there were serious legal and ethical issues with what he wanted.
Trump, Who as President Fomented an Insurrection, Says He Is Running Again
MSN – Isaac Arnsdorf (Washington Post) | Published: 11/15/2022
Donald Trump, who refused to concede defeat and inspired a failed attempt to overturn the 2020 election culminating in a deadly attack on the U.S. Capitol, officially declared he is running to retake the White House in 2024. The announcement came in a moment of political vulnerability for Trump as voters rejected his endorsed candidates in the midterm elections. Since then, elected Republicans have blamed Trump for the party’s performance and potential rivals are already plotting to challenge him for the nomination.
Two Anonymous $425 Million Donations Give Dark Money Conservative Group a Massive Haul
MSN – Hailey Fuchs (Politico) | Published: 11/16/2022
One of the biggest conservative “dark money” organizations in the nation was boosted last year by two separate anonymous gifts, each totaling more than $425 million dollars. The money was sent to DonorsTrust, a 501(c)(3) charity that has become one of the most influential conduit of funds in Republican-leaning circles. They are among the largest ever donations to a politically connected group. Under law, the individual or individuals behind those $425 million donations were not required to be disclosed to the public. DonorsTrust did not reveal them.
U.S. Intelligence Report Says Key Gulf Ally Meddled in American Politics
MSN – John Howard (Washington Post) | Published: 11/12/2022
A classified report outlines legal and illegal efforts by United Arab Emirates (UAE) to steer U.S. foreign policy in ways favorable to the country. It reveals the UAE’s bid, spanning multiple administrations, to exploit the vulnerabilities in American governance, including its reliance on campaign contributions, susceptibility to powerful lobbying firms, and lax enforcement of disclosure laws intended to guard against interference by foreign governments. The intelligence community’s scrutiny of the UAE indicates a heightened level of concern and a departure from the laudatory way the country is discussed in public by U.S. officials.
From the States and Municipalities
Arizona – Katie Hobbs Elected Arizona Governor, Defeating Trump-Backed Election Denier Kari Lake
MSN – Stacey Barchenger (Arizona Republic) | Published: 11/14/2022
Arizona Secretary of State Katie Hobbs, built a national profile by standing up to false claims about the 2020 presidential election, won the state’s gubernatorial election. With her win, Arizonans followed voters in other battleground states who rejected gubernatorial candidates who pushed false claims about election results. Hobbs will be the fifth female to hold the top elected office in Arizona, more than in any other state.
Arizona – Supreme Court Turns Down Arizona GOP Head’s Request to Shield Records
MSN – Robert Barnes (Washington Post) | Published: 11/14/2022
The U.S. Supreme Court turned down a request from Arizona Republican Party Chairperson Keli Ward to shield her phone records from the congressional committee investigating the assault on the Capitol. A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit had said it was proper for the committee to issue a subpoena seeking information about calls placed from Ward’s cellphone between November 2020 and January 202. Ward argued that would violate her First Amendment right to freedom of association.
California – Anaheim and Its Ex-Mayor Won’t Disclose His Emails and Texts, So We Took Them to Court
MSN – Gabriel San Román (Los Angeles Times) | Published: 11/16/2022
The Los Angeles Times asked a judge to compel the city of Anaheim and former Mayor Harry Sidhu to disclose records related to an FBI corruption investigation into a self-described “cabal” that allegedly ran the city. The Times is also seeking records of other city business, including any messages related to negotiations surrounding the aborted Angel Stadium sale, which collapsed after the probe became public. Sidhu, who resigned while under criminal investigation, has refused to turn over emails and text messages from personal accounts he used to conduct city business.
California – Capt. Hollywood: Who is the ex-LAPD commander who tipped off CBS to assault claim?
MSN – Richard Winton and Meg James (Los Angeles Times) | Published: 11/13/2022
Known around the Los Angeles Police Department as “Capt. Hollywood,” Cory Palka played the part. He was a regular at Hollywood Boulevard star dedication ceremonies and picked up a lucrative off-duty assignment as a bodyguard for CBS’ former chief, Leslie Moonves. His actions now are under scrutiny after it was revealed that five years ago, Palka tipped off CBS executives to the existence of a confidential complaint alleging Moonves sexually assaulted a co-worker. Palka, then captain of the Hollywood station, worked closely with CBS to contain the allegations.
California – Jury Finds L.A. Skyscraper Developer Paid Jose Huizar More Than $1 Million in Bribes
MSN – Michael Finnegan (Los Angeles Times) | Published: 11/10/2022
The development company Shen Zhen New World I was convicted of paying former Los Angeles City Council member Jose Huizar more than $1 million in bribes to win his support for a proposed skyscraper in the city. It was the second conviction of a developer accused of paying off Huizar, who left office in 2020. A federal jury found developer Dae Yong Lee guilty of paying Huizar $500,000 in cash. Huizar is scheduled to go on trial in February. From 2013 to 2018, prosecutors say, he used his city office as an extortion racket to secure more than $1.5 million in illicit payments from developers seeking city approval of projects.
California – Karen Bass Elected Mayor, Becoming First Woman to Lead L.A.
MSN – Julia Wick (Los Angeles Times) | Published: 11/16/2022
U.S. Rep. Karen Bass defeated Rick Caruso in the Los Angeles mayor’s race, making her the first woman and second Black Angeleno elected to lead the city. Confidence in local government is seemingly at a nadir after a series of City Hall indictments in recent years, and the release of a leaked audio recording less than a month before the election that revealed top officials making racist comments and scheming to maintain political power. The city’s first competitive mayoral race in nearly a decade was a story of contrasts, with two candidates who symbolized divergent visions of the city.
Georgia – Democrats Sue to Allow Saturday Voting in Georgia Runoff Amid Holiday Dispute
MSN – Mattherw Brown (Washington Post) | Published: 11/16/2022
Democrats are suing to force Georgia election officials to allow early voting on a Saturday ahead of the U.S. Senate runoff election on December 6. The suit comes in response to a determination by state officials that the law forbids voting right after Thanksgiving and a state holiday that once honored Robert E. Lee. The lawsuit argues that current guidance “applies only to primary and general elections, not runoffs.” The early voting period is set for November 28 through December 2, a stretch that does not include a weekend day, which voting rights advocates say makes it more difficult for some people to cast ballots.
Hawaii – County Ethics Watchdogs Need More Money to Do the Job Right, State Panel Says
Honolulu Civil Beat – Blaze Lovell | Published: 11/11/2022
A commission wants Hawaii’s county ethics watchdogs to have more funding to monitor, and if need be, investigate public officials after a string of public corruption cases put a spotlight on government ethics and transparency. Unlike the Honolulu Ethics Commission, with 11 full-time staff and a total budget over $650,000, the ethics boards for Kauai, Maui, and Hawaii island operate with either no funds or very little to cover travel or food expenses. Staff members are usually limited to a secretary and attorney in the county’s corporation counsel office, both of whom may have other responsibilities outside of helping the all-volunteer ethics board.
Hawaii – Hawaii Lawmakers Honored Federal Lobbyist Despite Her Conviction in a Foreign Lobbying Scandal
Honolulu Civil Beat – Nick Grube | Published: 11/14/2022
The Hawaii Senate approved an honorary certificate for businessperson Nickie Lum Davis, lauding her for her “public service and outstanding contributions to her community.” What the certificate did not mention was that Davis pleaded guilty in 2020 to federal charges and was awaiting sentencing in a criminal case. The U.S. Justice Department accused her and others of secretly lobbying the Trump administration on behalf of Chinese and Malaysian interests. Davis has submitted the certificate to a judge to bolster her character and avoid prison.
Illinois – Indicted Ald. Carrie Austin ‘Not Medically Fit’ for Trial, Her Lawyers Say Days After She Voted on City Budget
Chicago Sun-Times – Jon Seidel | Published: 11/11/2022
Lawyers for indicted Chicago Ald. Carrie Austin told a judge she is “not medically fit to stand trial” and they will seek to have her prosecution put on hold. Austin is accused of taking home improvement materials as kickbacks from a developer overseeing a $50 million development in her ward. The lawyers said Austin “cannot cooperate fully with counsel or withstand the stress of a trial.” Austin has been attending city council meetings and voting on legislation. Austin was receiving supplemental oxygen while in the council chambers recently.
Illinois – Where is Ald. Walter Burnett Jr.’s Missing $300,000 in Campaign Money?
Chicago Sun-Times – Tim Novak and Lauren FitzPatrick | Published: 11/11/2022
Since 1999, Chicago Ald. Walter Burnett Jr. reported investing $375,000 of the $4.2 million in campaign contributions he received from political supporters, but $300,000 of the invested money has disappeared from his campaign finance reports. Burnett has declined to answer reporters’ questions about his campaign reports, which he has frequently amended, some of them as many as five times. the State Board of Elections says it has known for several months that Burnett’s campaign fund stopped reporting what it has done with the invested contributions, which it is required to do under state law.
Kansas – Ex-Kansas Democratic Party Officers Disciplined for ‘Unprecedented’ Campaign Finance Errors
MSN – Andrew Bahl (Topeka Capital Journal) | Published: 11/16/2022
The Kansas Governmental Ethics Commission disciplined two former state Democratic Party officers over errors in the group’s campaign finance reports that occurred over a seven-year period. Ethics officials termed the scope of the mistakes, which total over $1.5 million in expenditures and contributions that were misreported, to be “unprecedented.” Between 2009 and 2016, the party had underreported over $500,000 in contributions, as well as $507,000 in unreported expenditures, plus additional assets that were overreported.
Kansas – Legislative Veto of Regulations Amendment Fails in Closest Vote of Kansas 2022 Election
MSN – Jason Tidd (Topeka Capital-Journal) | Published: 11/16/2022
Kansas voters appear to have narrowly rejected a proposed constitutional amendment that would have created a so-called legislative veto over administrative rules and regulations. Supporters of the amendment viewed it as a way to ensure the legislative branch, which generally delegates regulatory authority, had sufficient checks and balances over the executive branch, which typically promulgates and enforces regulations. Opponents feared the extent to which legislators, who are not typically experts on regulations, could be influenced by lobbyists or political motivations.
Kentucky – Lobbyists Who Engage Louisville Officials Must Register with City Under New Ordinance
Yahoo – Billy Kobin (Louisville Courier-Journal) | Published: 11/11/2022
A new ordinance in Louisville requires lobbyists and principles to register if they engage with public officials and file expenditure reports. It sets a $500 limit on gifts from lobbyists to candidates and officials and their families. Lobbyists may pay the cost for an official to attend certain events as long as it does not exceed $300. When he introduced the proposal, Metro Councilperson Bill Hollander said it would fix “a gaping shortfall of our ethics ordinance.”
Louisiana – NOPD Investigating Officer Frequently Inside Cantrell’s City-Owned Apartment
MSN – Lee Zurik and Dannah Kirby (WVUE) | Published: 11/9/2022
Surveillance video has led to more questions about how New Orleans Mayor LaToya Cantrell is spending her time and taxpayer dollars. While investigating whether Cantrell was living at a city-owned apartment complex, the video showed she spent many hours inside the apartment, often during the workday, and sometimes stayed overnight. The head of the Metropolitan Crime Commission, Rafael Goyeneche, said that could be a violation of a policy that states city property is for work-related purposes and not personal benefit. The videos also show Cantrell is also spending hours there with one member of her security team.
Maryland – Carroll County Commissioners Approve Updated Ethics Rules on Financial Disclosures and Gifts
MSN – Sherry Greenfield (Baltimore Sun) | Published: 11/11/2022
The Board of Carroll County Commissioners approved new provisions in the county’s ethics ordinance to reflect changes in state law regarding gifts and financial disclosures. Commissioners have been discussing since September state law measures enacted by the General Assembly in 2021 that changed ethics law requirements for local governments.
Nevada – Democrats Keep Control of the Senate with Win in Nevada
MSN – Hannah Knowles and Liz Goodwin (Washington Post) | Published: 11/13/2022
Democrats retained control of the U.S. Senate, clinching a narrow majority as they showed strength in battleground races in a daunting midterm year that handed President Biden a major victory as he looks to his next two years in office. The final blow to Republican hopes of retaking the chamber came in Nevada, where Sen. Catherine Cortez Masto won reelection, ensuring Democrats a 50th seat, with a runoff election still to come in Georgia that could pad their slim majority.
New Mexico – NM Supreme Court Throws Out Couy Griffin’s Appeal
Source New Mexixo – Austin Fisher | Published: 11/15/2022
Former Otero County Commissioner Couy Griffin failed to explain to the New Mexico Supreme Court how he would challenge his removal from elected office, so the justices threw out his appeal. A lower court ruling also barred him for life from serving in elected federal and state positions. It was the first time an elected official was unseated by court order as a result of participating in or supporting the January 6 attack on the U.S. Capitol.
New York – Free Speech of Ex-State Workers Under Scrutiny in APA Case
Albany Times Union – Gwendolyn Craig (Adirondack Explorer) | Published: 11/11/2022
A retired Adirondack Park Agency staff member’s stymied attempt at submitting input this summer during the agency’s open public comment period could lead New York’s Commission on Ethics and Lobbying in Government to consider the matter and what it could mean for past and present state employees’ participation in solicited feedback. APA Associate Counsel Sarah Reynolds wrote Linck that his written comments “appear to contain confidential information” and may violate post-employment restrictions. Reynolds said the agency would not consider them and referred Linck to the state ethics commission.
New York – Groups Urge State Ethics Watchdog to Probe $5M Cuomo Book Approval, Failed Policies
Spectrum News – Kate Lisa | Published: 11/14/2022
Good-government groups want New York’s new ethics commission to learn from the mistakes of its predecessor, the Joint Commission on Public Ethics (JCOPE), which was disbanded this year. The coalition sent a letter to the Commission on Ethics and Lobbying in Government, pushing it to revisit the decisions that led to the approval of former Gov. Andrew Cuomo’s $5 million book deal and JCOPE’s policies. In September, the new commission voted to follow precedent from JCOPE when making decisions, pushing watchdogs to file a complaint. In October, the commission voted to continue any pending cases JCOPE did not finish.
New York – New York City Football Club Stadium Deal Provides Affordable Housing – and a Win for Lobbyist with Ties to Adams
MSN – Chris Sommerfeldt and Michael Gartland (New York Daily News) | Published: 11/16/2022
A $780 million soccer stadium deal in Queens approved by New York City Mayor Eric Adams was a win for one of his top political advisers, who lobbied City Hall for months on behalf of the project’s developer. Nathan Smith, a political strategist who served as a top aide in Adams’ 2021 mayoral campaign, signed a lobbying contract with City Football Group to lobby the mayor’s team to develop a facility for the New York City Football Club. So far, Smith’s firm, Red Horse Strategies, has been paid $20,000 by the club’s owner.
Ohio – Jury Convicts Dover Mayor Richard Homrighausen of Six Theft-Related Charges
Yahoo News – Nancy Molnar (The Times-Reporter) | Published: 11/16/2022
Dover Mayor Richard Homrighausen was convicted on theft in office and five other criminal charges. The jury found him guilty of four counts of soliciting improper compensation for taking fees for performing wedding ceremonies. He was also convicted of dereliction of duty for failing to deposit the payments in the city treasury. The theft in office conviction bars Homrighausen from holding public office for life. Authorities said Homrighausen did not claim the fees on his federal, state, or local taxes or declare the payments on financial disclosure forms.
South Dakota – Ethics Board Subpoenas DCI for Investigation Report into If Gov. Kristi Noem Misused the State Airplane
Yahoo News – Annie Todd (Sioux Falls Argus Leader) | Published: 11/14/2022
The Government Accountability Board issued a subpoena for the Division of Criminal Investigation relating to its investigation into South Dakota Gov. Kristi Noem’s alleged personal use of the state airplane. The move comes after the Hughes County state’s attorney found there were “no facts to support a criminal prosecution under current law” and returned the complaint to the board.
Tennessee – Campaign Finance Watchdog Files Complaint Against Harwell
Tennessee Lookout – Sam Stockard | Published: 11/15/2022
The Campaign Legal Center filed a complaint against former Tennessee House Speaker Beth Harwell claiming she violated the law by moving $47,000 in “soft money” into her failed congressional campaign this year. The complaint say Harwell appears to have broken federal rules by directing $35,000 from the Beth Harwell Committee and $12,000 from the Harwell PAC, both state accounts, into a super PAC that purchased advertising supporting her Fifth Congressional District campaign in advance of the August primary.
Texas – Texas Investigating Voting Difficulties in Houston’s Harris County
MSN – Molly Hennessey-Fiske (Washington Post) | Published: 11/16/2022
Texas Gov. Greg Abbott called for a criminal investigation into “widespread problems” and “allegations of improprieties” in Harris County’s election. He noted voting in the nation’s third-largest county was plagued by understaffing, broken voting machines, and paper ballot shortages, even though turnout was lower than county officials expected. Abbott and other Republicans have claimed the problem was especially acute in conservative areas, although complaints came from Democratic areas as well.
Washington DC – D.C. Housing Authority Internal Auditor Alleges Illegal Contracting
MSN – Steve Thompson (Washington Post) | Published: 11/13/2022
The District of Columbia Housing Authority (DCHA) illegally contracted with a software company, spending about $1 million without competitive bidding and splitting the amount into smaller purchases to escape scrutiny from the agency’s board, according to a report by the authority’s internal auditor. The review alleges that DCHA under its previous director, Tyrone Garrett, entered the first of the “illegal contracts” in 2019. But in a more immediate concern for the agency’s board, the review also accuses DCHA’s current executive staff of improperly trying “to use emergency contracts to cover up the error of obtaining an illegal contract.”
November 11, 2022 •
News You Can Use Digest – November 11, 2022
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National/Federal Democrats Buck Midterm History to Win Control of 4 States Yahoo News – David Lieb (Associated Press) | Published: 11/9/2022 Defying historic midterm trends, Democrats wrested control of state legislative chambers away from Republicans in Michigan and Minnesota while also […]
National/Federal
Democrats Buck Midterm History to Win Control of 4 States
Yahoo News – David Lieb (Associated Press) | Published: 11/9/2022
Defying historic midterm trends, Democrats wrested control of state legislative chambers away from Republicans in Michigan and Minnesota while also gaining full control of state Capitols in Maryland and Massachusetts. The Democrats’ gains gave them power to set agendas in four states that previously had politically divided governments. Only twice since 1900 had the president’s party posted a net increase in state legislative seats during a midterm election – in 1934 and in 2002, a year after the September 11 terrorist attacks.
‘Espionage Lite’ or Deal Making? Prosecutors Struggle to Draw a Line.
DNyuz – Rebecca Davis O’Brien (New York Times) | Published: 11/7/2022
Thomas Barrack, an adviser to former President Trump, was acquitted of violating federal law by acting as a foreign agent without authorization while trying to help the United Arab Emirates influence the Trump administration. The charges included acting as an agent of a foreign government without notifying the attorney general, a charge the Justice Department has referred to as “espionage lite,” a violation of Section 951 of the U.S. criminal code. In recent cases, the misconduct charged under the law more closely resembles lobbying, business dealings, or management consulting. “[Prosecutors] are now using the statute in this very fuzzy context of influence,” said Robert Kelner, an expert on government ethics law.
Fed Up with Political Text Messages? Read On.
Yahoo News – Natasha Singer (New York Times) | Published: 11/5/2022
In October, people in the United States received an estimated 1.29 billion political text messages, about twice as many as in April, according to an app that blocks Robocalls and spam texts. Many voters have complaints about it. Many were rife with divisive language or deceptive content. Political texting is becoming a go-to method for spreading doomsday scenarios, lies, and campaign smears. FEC rules requiring political ads on broadcast television, cable, and radio to disclose their sponsors do not apply to political text messages.
Federal PAC Supporting Ron DeSantis’ Presidential Bid Sues FEC Over List-Sharing Ruling
Open Secrets – Taylor Giorno | Published: 11/3/2022
Ready for Ron sued the FEC after the agency blocked the hybrid PAC from sharing a petition with tens of thousands of supporters and their contact information with Florida Gov. Ron DeSantis to encourage him to run for president in 2024. At the heart of the lawsuit is whether that list, something campaigns typically spend a lot of money compiling, is political speech or an in-kind contribution. If successful, the lawsuit could poke more holes in regulations barring coordination between super PACs and campaigns, experts said.
Former Government Officials’ Details Missing from Hundreds of Lobbying Returns
thejournal.ie – Stephen McDermott and Cormac Fitzgerald | Published: 11/9/2022
Dozens of former government officials who subsequently lobbied senior figures have incorrectly appeared as ‘ordinary; lobbyists on Ireland’s register of lobbying. An analysis found almost 400 returns on the Lobbying Register in which ex-ministers, ministerial advisers, and secretaries general were not listed as what are known as former Designated Public Officials as required by law. The incomplete entries included lobbying returns filed on behalf of multinationals such as Google, Huawei, Diageo, and Merck.
GOP Exuberance Crashed into Democratic Resistance to Defy Midterm Expectations
MSN – Dan Balz and Dan Keating (Washington Post) | Published: 11/9/2022
Few foresaw that Democrats would defy expectations of a “red wave” in the midterm elections, but the pattern of results has been a part of the country’s politics for some time, ever since Donald Trump won the White House in 2016. The forces that aligned against Trump in 2018 and 2020 were evident again on November 8. Abortion and concerns about extremism in the GOP proved as potent in energizing voters on the left as inflation, crime, and illegal immigration did in aiding Republicans. President Biden’s low approval ratings turned out to be less catastrophic for Democratic candidates than history would have suggested.
How Trump’s Bogus Election Day Claims Broke Through Facebook and Twitter Bans
MSN – Mark Scott (Politico) | Published: 11/9/2022
Donald Trump spent Election Day posting unfounded allegations on his own Truth Social platform, as well as on the encrypted messenger Telegram. Those platforms are far smaller than Facebook and Twitter, which have banned Trump, and state officials quickly debunked the claims. But his accusations boomeranged onto more mainstream platforms as candidates, high-profile influencers, and voters shared his allegations. It offers a preview of how hard it will be for even powerful platforms to contain false or misleading statements by the former president in 2024.
Investigators Search for Pricey Gifts to Trump from Foreign Leaders
MSN – Jacqueline Alemany and Josh Dawsey (Washington Post) | Published: 11/4/2022
Congressional investigators are looking for dozens of pricey mementos gifted to former President Trump and his family members by foreign governments. The House Oversight Committee has asked for help in locating the items from the National Archives, which is among the agencies charged with keeping presidential gifts. The committee asked the archives to check whether the gifts are among the items transferred there from the White House at the end of Trump’s presidency as required by law. The committee is also seeking records from Trump’s team about its record keeping, a Trump adviser said.
Private Equity Firm Bets on Washington
MSN – Theodoric Meyer (Washington Post) | Published: 11/10/2022
Private equity is pouring more money into Washington, D.C., investing in a group of polling, public relations, lobbying, and political consulting firms. Seidler Equity Partners, a private equity firm based in California, has taken a minority stake in a conglomerate of 10 firms. Seidler’s investment will allow GP3 Partners to buy more companies to become a bigger player in Washington, said Darrell Lauterbach, GP3’s chief executive. K Street is highly fragmented, with hundreds of lobbying, law, communications, and political consulting firms competing for business.
Spanish Govt Proposes Rules for Lobbyists, Public Officials
Yahoo News – Associated Press | Published: 11/8/2022
Spain’s Council of Ministers introduced a bill to increase the transparency of interactions between public officials and lobbyists. Officials involved in any stage of policymaking would have to report their meetings with representatives of companies or groups that hoped to influence governmental decisions. Lobbyists would need to enroll in a new electronic registry of interest groups to carry out any encounters with any members of the government, among other provisions.
The FEC Isn’t Enforcing the Law. Does It Even Matter?
Mother Jones – Russ Choma | Published: 11/8/2022
With the three Democratic commissioners and the three Republican commissioners on the FEC deadlocked for years, the agency has failed to reach any meaningful consensus on major enforcement issues. Transparency activists are upset over the actions of the FEC’s newest Democratic member who joined the agency in August. Dara Lindenbaum has several times voted with the Republicans to dismiss enforcement cases that advocates had hoped would be pushed to the courts to decide. Lindenbaum and Republican Chairperson Allen Dickerson say that by finding a kind of bi-partisan agreement they are getting the FEC moving again.
Trump Called a Protest. No One Showed. Why GOP Efforts to Cry Foul Fizzled This Time.
MSN – Rosalind Helderman, Patrick Marley, and Tom Hamburger (Washington Post) | Published: 11/9/2022
After two years of promises from Donald Trump and his supporters they would flood polls and counting stations with partisan watchers to spot alleged fraud, after threats lodged against election workers, and after postings on internet chat groups called for violent action to stop supposed cheating, a peaceful Election Day drew high turnout and only scattered reports of problems. Election officials said they believed the relative normalcy resulted from a combination of concerted effort on the part of well-prepared poll workers and voters, as well as that some of Trump’s loudest supporters were less potent than they had claimed.
U.S. Judiciary Launches Online Database of Judges’ Financial Disclosures
Reuters – Nate Raymond | Published: 11/7/2022
Members of the public will be able to search federal judges’ financial disclosure reports detailing their assets and stock trades through a congressionally mandated online database that went live recently. The launch comes after President Biden in May signed into law a bipartisan bill that would make it easier for the public to see if a judge has a financial conflicts-of-interest warranting his or her recusal from hearing a case. The law was prompted by a Wall Street Journal report that more than 130 federal judges had failed to recuse themselves from cases involving companies in which they or their family members owned stock.
From the States and Municipalities
Arizona – Arizona Voters Back Ballot Measure Taking Aim at ‘Dark Money’
MSN – Isaac Stanley-Becker (Washington Post) | Published: 11/9/2022
Arizona voters approved a ballot measure that aims to curb “dark money” in elections. The money is veiled because it travels through nonprofits, which are exempt under current law from disclosing their donors. Proposition 211 requires any group making independent expenditures of at least $50,000 in statewide races or $25,000 in other races to report donors contributing more than $5,000. Approval of the measure could galvanize similar efforts elsewhere, said Terry Goddard, the former Arizona attorney general who spearheaded the move to put the issue on the ballot,
California – Inside the L.A. County Sheriff’s Department Corruption Investigation of Its Own Watchdogs
MSN – Michael Finnegan and Laura Nelson (Los Angeles Times) | Published: 11/3/2022
Los Angeles County Sheriff’s Department searched the home of county Supervisor Sheila Kuehl’s after it had spent three years looking into an allegation that Kuehl, one of Sheriff Alex Villanueva’s harshest critics, had taken bribes from a friend in return for Metropolitan Transportation Authority contracts. A Los Angeles Times review of the case found it is based on the testimony of one person, a former Metro employee named Jennifer Loew, who brought her bribery complaint to at least four law enforcement agencies but found a receptive audience only at the Sheriff’s Department. The Times found no evidence to support Loew’s allegation.
California – Jury Returns Guilty Verdicts on All Counts in Santa Clara County Sheriff Corruption Trial
MSN – Robert Salonga (Bay Area News Group) | Published: 11/3/2022
A jury reached guilty verdicts on all six counts in the civil corruption trial of now-former Santa Clara County Sheriff Laurie Smith, capping a monthlong trial that Smith nearly upended with her abrupt resignation, though a judge ordered the case to continue. A grand jury’s formal accusations alleged she illicitly steered concealed-carry weapons permits to donors and supporters, undermined state gift-reporting laws, and stifled a civilian auditor’s probe into a high-profile injury case at the county jail.
Florida – Conflicts of Interest, Cronyism at SFRTA, Tri-Rail’s Operator, Amid Furtive Renewal of Costly Lobbying Contract
Florida Bulldog – Dan Christensen | Published: 11/7/2022
The governing board of the South Florida Regional Transportation Authority (SFRTA), ditched staff plans to seek bids for lobbying services and instead rehired its longtime lobbyist amid apparent cronyism, conflicts-of-interest, and possibly wasteful spending. The rehiring of lobbyist Candice Ericks, vice president of TSE Consulting, the lobbying arm of the Tripp Scott law firm, came during a March meeting. Among the SFRTA board members who voted to abandon seeking bids and renew Ericks’s expiring $246,000-a-year contract was Ericks’s own boss – Tripp Scott co-founder, fellow TSE lobbyist, and SFRTA Vice Chairperson James Scott.
Georgia – Georgia’s Senate Race Will Go to a Runoff Between Warnock and Walker
MSN – Mariana Alfaro (Washington Post) | Published: 11/9/2022
The U.S. Senate race in Georgia between Democratic incumbent Raphael Warnock and Republican Herschel Walker is heading to a December 6 runoff. Georgia Secretary of State Brad Raffensperger said the state has looked at “the outstanding vote totals and neither one would be on 50 percent,” the threshold needed for victory. Georgia is one of two states, along with Louisiana, in which runoffs are required during general elections when no candidate secures more than half the votes.
Georgia – Gingrich Ordered to Appear Before Ga. Grand Jury Probing 2020 Election
MSN – Tom Jackman (Washington Post) | Published: 11/9/2022
A Virginia judge rejected an attempt by former House Speaker Newt Gingrich to evade a summons for his grand jury testimony in Georgia, where Fulton County District Attorney Fani Willis is investigating efforts by supporters of former President Trump to overturn the 2020 election results in that state. Gingrich’s lawyers argued the federal law that normally requires states to honor out-of-state grand jury summonses should not apply in this case because the special grand jury in Georgia lacks the power to indict. But Fairfax County Circuit Court Judge Robert Smith said the law does not parse out a difference between types of grand juries.
Hawaii – Hawaii May Soon Have More Tools to Prosecute Public Corruption
Honolulu Civil Beat – Blaze Lovell | Published: 11/9/2022
A statewide standards commission recommended new felonies dealing with fraud, false claims, and statements that may allow state and county prosecutors to bring charges against public officials similar to those brought by federal prosecutors in a string of public corruption cases this year. The U.S. Department of Justice has brought a handful of cases dealing with bribery and other forms of public corruption in Hawaii under the broad federal crime of honest services wire fraud. “It would have been difficult if not impossible to charge those cases under the existing state laws,” Flo Nakakuni, a deputy Honolulu prosecutor.
Kentucky – Kentucky Rejects Amendment 1, in Blow to Legislature’s GOP Supermajority
MSN – Joe Sonka (Louisville Courier-Journal) | Published: 11/8/2022
Kentucky voters rejected a ballot referendum that would have amended the state constitution to allow lawmakers to call themselves into a special session, a victory for Democratic Gov. Andy Beshear over the supermajority Republican Legislature. Only the governor can call legislators into a special session, during which they are only permitted to pass bills that are within the parameters set by the governor, as Beshear did in August to address flood relief.
Kentucky – ‘Shocks the Conscience.’ Panel Orders Kentucky Judge Removed Over Ethics Violations
MSN – Bill Estep (Lexington Herald Leader) | Published: 11/4/2022
A Kentucky judge committed a long list of violations that included mismanaging his courtroom, pressuring people for campaign contributions, violating people’s rights, and rigging bids for a home-detention monitoring service, a state ethics panel ruled. The Judicial Conduct Commission issued an order removing Circuit Court Judge James Jameson from office. Jameson was up for reelection, but the panel went further to say he is unfit for office in a new term as well.
Maine – Maine Gives Companies More Time to Disclose PFAS Use After Requests from Lobbying Groups
Bangor Daily News – Mehr Sher | Published: 11/7/2022
Maine lawmakers passed a law last year to require all manufacturers selling items in the state, from cars to T-shirts, to disclose whether their products contain toxic chemicals. Requiring disclosure was also a step toward Maine’s plan to prohibit the sale of products containing the per- and polyfluoroalkyl substances, known as PFAS. As the deadline to make the information public approaches, the state has been allowing national lobbying groups to delay the requirement on behalf of their members, some of whom said they did not even know they had been granted an extension.
Massachusetts – AP Sources: Justice Dept. watchdog probing Mass. US attorney
Yahoo News – Alanna Durkin Richer and Michael Balsamo (Associated Press) | Published: 11/7/2022
The Justice Department’s inspector general has opened an investigation of the top federal prosecutor in Massachusetts, prompted by U.S. Attorney Rachel Rollins’ appearance at a political fundraiser featuring first lady Jill Biden. The inspector general’s office is focusing on Rollins’ attendance at the Democratic National Committee event in July as well as her use of her personal cellphone to conduct official business. An investigation by the department’s internal watchdog targeting one of the nation’s 93 U.S. attorneys, is highly unusual.
Massachusetts – Former State Police Union Head Dana Pullman, Lobbyist Anne Lynch Convicted of Racketeering, Fraud
MSN – Tom Matthews (MassLive) | Published: 11/3/2022
The former president of the Massachusetts State Police union, Dana Pullman, and former lobbyist Anne Lynch were convicted by a federal jury of racketeering, fraud, obstruction of justice, and tax crimes. Pullman was the president of the State Police Association of Massachusetts (SPAM) from 2012 until his resignation in 2018. Lynch’s lobbying firm represented SPAM during the same time. Pullman and Lynch defrauded SPAM members and the state when Lynch paid Pullman a $20,000 kickback in connection with a settlement agreement between SPAM and the state, officials said.
Michigan – Proposal 1: Michigan voters pass term limits, financial disclosure reform measure
Detroit News – Carol Thompson | Published: 11/8/2022
Michigan voters overwhelmingly passed a constitutional amendment that would require state lawmakers to disclose some information about their personal finances and relax legislative term limits. Michigan is one of few states that do not require lawmakers to disclose anything about their personal finances while in office. Proposal 1 requires legislators, the governor, secretary of state, and attorney general to file annual financial disclosure reports starting in April 2024.
New Jersey – Lawmaker Calls for Review of State Office That Prosecutes Public Corruption Cases
New Jersey Monitor – Dana DiFilippo | Published: 11/4/2022
New Jersey Joe Cryan is calling for an independent review of the state attorney general’s office of public integrity and accountability after a Bergen County judge dismissed a public corruption indictment and raised questions about the office’s ethical conduct. Cryan’s demand comes after several high-profile losses for the office, which former Attorney General Gurbir Grewal launched in 2018 to prosecute public officials and law enforcement for misconduct.
New Mexico – State Files Lawsuit Against Political Action Committee
KRQE – Curtis Segarra | Published: 11/9/2022
New Mexico’s Ethics Commission filed a lawsuit against a political advocacy group, alleging the Working Families Organization, which funded a text message campaign to influence voters, did not properly disclose who was funding the campaign. The lawsuit also alleges the group did not properly register with the New Mexico secretary of state’s office as a political committee.
New York – Trump’s Company to Get a Court Monitor, Judge Rules
MSN – Josh Gerstein (Politico) | Published: 11/3/2022
A judge granted the New York attorney general’s request that former President Trump’s business be overseen by an independent monitor. The order requires the Trump Organization’s dealings with banks and sale of major assets be subject to supervision by a third-party expert to be named by the court. The monitor will oversee attempts to transfer assets and will screen any future reports of Trump’s net worth to financial and insurance institutions.
North Dakota – North Dakota Voters OK Term Limits for Governor, Legislators
Associated Press News – James MacPherson | Published: 11/9/2022
Voters in North Dakota approved term limits for their governor and state legislators. The ballot measure adds an article to the state constitution limiting lawmakers to eight years each in the state House and Senate. A governor could not be elected more than twice.
Ohio – Ohio County Auditor Wins Reelection Weeks Before His Corruption Trial
MSN – Erin Glynn (Cincinnati Enquirer) | Published: 11/9/2022
An indicted county auditor in Ohio won his reelection race just weeks before he is scheduled to face trial on six charges related to public corruption. If Butler County Auditor Roger Reynolds is convicted of a felony, the county Republican Party would appoint his replacement. Reynolds has pleaded not guilty and said the charges are false and politically motivated.
Oregon – NRA Committee to Be Fined for Delay in Reporting Donation to Campaign against Oregon Measure 114 Gun Control Initiative
Portland Oregonian – Maxine Bernstein | Published: 11/7/2022
The Oregon Elections Division said it will fine a National Rifle Association political committee more than $8,000 for the tardy reporting of a $25,700 donation to the campaign opposing Measure 114, a gun control ballot proposal. The NRA Oregonians for Freedom committee received the contribution from the NRA Political Victory Fund on July 29 but did not report it until November 1, far beyond the 30-day deadline.
Oregon – Oregon Voters Pass Measure 113, Punishing Lawmakers for Walkouts
Portland Oregonian – Hillary Borrud and Gosia Wozniacka | Published: 11/8/2022
Oregon lawmakers who boycott the state Capitol for an extended period to defeat legislation they oppose could now face a penalty after voters approved Measure 113. The ballot measure amends the state constitution so that going forward, any lawmaker with at least 10 unexcused absences will be disallowed from serving in the Legislature during the subsequent term. Republicans used walkouts in 2019 and 2020 to kill Democrats’ environmental reform plans and to defeat vaccine and gun regulation bills.
Pennsylvania – Kenyatta Johnson and His Wife, Dawn Chavous, Acquitted at Federal Bribery Trial
MSN – Jeremy Roebuck and Oona Goodin-Smith (Philadelphia Inquirer) | Published: 11/2/2022
A federal jury found Philadelphia City Councilperson Kenyatta Johnson not guilty of participating in a bribery scheme that allegedly saw him accept thousands of dollars from two former nonprofit executives in exchange for political favors. Jurors also acquitted Johnson’s wife, Dawn Chavous, along with former executives at Universal Companies, Abdur Rahim Islam and Shahied Dawan. The jury rejected the government’s accusations that Johnson sold the powers of his office to the executives, who funneled their payoffs through a sham $67,000 consulting contract with Chavous.
Pennsylvania – Mistrial Declared in Trial of Nonprofit Executives Accused with Kenyatta Johnson
MSN – Jeremy Roebuck (Philadelphia Inquirer) | Published: 11/7/2022
A federal judge declared a mistrial in the case of two codefendants of Philadelphia City Councilperson Kenyatta Johnson who were facing separate charges of embezzling funds and bribing a school official in Wisconsin. The decision came after one of the jurors who had been hearing the case against Rahim Islam and Shahied Dawan, former executives at the nonprofit Universal Companies, contacted COVID during the trial. Typically, that juror would have been replaced and the trial would have continued. But due to a high jury turnover rate throughout the trial, there were no alternate jurors left.
Tennessee – Nashville Council Member Faces Ethics Inquiry After Constituent’s Car Towed
MSN – Cassandra Stephenson (The Tennessean) | Published: 11/9/2022
A Nashville Councilperson Joy Styles is facing accusations she misused her authority to have a constituent’s car towed. The Metro Ethical Conduct Board reviewed a complaint against Styles and voted to hold a hearing in December to review allegations of improper use of official power. Nicole Weatherspoon, a resident of Styles’ district, filed an ethics complaint that accused Styles of improperly authorizing a company to tow Weatherspoon’s vehicle, which had a flat tire, from a public road. The complaint says a Performance Towing & Recovery employee told Weatherspoon the vehicle was towed under the authorization of “your councilwoman.”
Texas – Ads Against Abbott, Other Texas Republicans by Coulda Been Worse Test Campaign Ethics Law
MSN – Allie Morris and Robert Garrett (Dallas Morning News) | Published: 11/4/2022
The third biggest spender in Texas elections this year is a shadowy group that has not disclosed any information to the state, and is testing the limits of campaign finance law, experts said. Coulda Been Worse LLC has dumped more than $25 million into ads opposing Gov. Greg Abbott and other top Republicans. Since forming out of state in late August, Coulda Been Worse has not revealed its donors or leadership. Ethics experts and open government advocates say voters deserve to know who is trying to influence elections.
Texas – Fifth Circuit Parses Texas Ban on Boycotting Israel
Courthouse News Service – Cameron Langford | Published: 11/7/2022
Palestinians started the so-called boycott, divestment, and sanctions (BDS) movement to protest Israel’s occupation of Gaza and the West Bank. It advocates for refraining from doing business with the Israeli government or companies that benefit from Israel’s occupation of the Palestinian territories. Texas passed an anti-BDS law but pared it down later, excluding sole proprietorships, companies with nine or less employees, and contracts under $100,000. A company sued Houston and Texas Attorney General Ken Paxton, seeking an injunction ordering the city to remove the clause from its contract offer and declare the law unconstitutional.
Washington DC – D.C. Elections Board Denies Silverman’s Request to Vacate Ruling on Ward 3 Poll
MSN – Michael Brice-Saddler (Washington Post) | Published: 11/4/2022
The District of Columbia Board of Elections ruled city Councilperson Elissa Silverman’s due-process rights were not violated when the Office of Campaign Finance (OCF) determined she misspent public campaign funds on polling for the Democratic primary, despite her objections about the breadth and timeline of the probe. The OCF ordered Silverman to return $62,000 for the cost of two polls she commissioned ahead of the June primary.
Wisconsin – Military Ballots in Wisconsin Will Be Counted Under Judge’s Ruling
MSN – Patrick Marley (Washington Post) | Published: 11/7/2022
A judge declined to delay or prevent the counting of military ballots in Wisconsin in a lawsuit that came after a disaffected election worker said she reached a “breaking point” and created three fake ballots to highlight flaws in the state’s voting system. Kimberly Zapata, who at the time was Milwaukee’s deputy elections director, told prosecutors she ordered the fake ballots because she was frustrated by Republicans focusing on baseless claims instead of actual weaknesses in Wisconsin’s voting procedures. Prosecutors charged Zapata with felony misconduct in office, and she was fired from her position with the city.
November 4, 2022 •
News You Can Use Digest – November 4, 2022
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National/Federal Architect of Capitol Abused Government Car Privileges, IG Report Finds MSN – Jim Saska (Roll Call) | Published: 11/1/2022 A report from the Architect of the Capitol inspector general suggests Architect Brett Blanton drove to Florida at the government’s expense, […]
National/Federal
Architect of Capitol Abused Government Car Privileges, IG Report Finds
MSN – Jim Saska (Roll Call) | Published: 11/1/2022
A report from the Architect of the Capitol inspector general suggests Architect Brett Blanton drove to Florida at the government’s expense, let his daughter use the office’s “free gas” for Walmart runs, allowed his wife to give prohibited private Capitol tours, and may have misled others into thinking he was an off-duty cop. During the investigation, the inspector general’s office discovered social media posts on September 30, 2020, from Blanton’s wife, one of which asked “ALL PATRIOTS” to contact her for private tours of the Capitol at a time when the building was closed to the public due to the coronavirus pandemic.
Capitol Police Cameras Caught Break-In at Pelosi Home, But No One Was Watching
MSN – Aaron Davis, Carol Leonnig, Mariana Sotomayor, and Paul Kane (Washington Post) | Published: 11/1/2022
If the Capitol Police were going to stop an attack at the home of any member of Congress, they had perhaps the best chance to do so at House Speaker Nancy Pelosi’s, according to law enforcement officials. But hours after Pelosi left San Francisco recently and returned to Capitol Hill, much of the security left with her, and officers in Washington, D.C. stopped continuously monitoring video feeds outside her house. The subsequent attack on Pelosi’s husband, Paul, demonstrated the immensity, and perhaps the impossibility, of law enforcement’s task to protect the 535 members of Congress at a time of unprecedented numbers of threats against them.
Chief Justice Roberts Temporarily Delays Release of Trump Tax Records
MSN – Robert Barnes (Washington Post) | Published: 11/1/2022
Supreme Court Chief Justice John Roberts temporarily halted the release of former President Trump’s tax records to a congressional committee and called for more briefings in the case. Without the Supreme Court’s intervention, the records could have been handed over to the House Ways and Means Committee as early as November 3. The U.S. Court of Appeals for the District of Columbia Circuit declined to review earlier rulings that found lawmakers are entitled to the documents in the legal battle.
Churches Are Breaking the Law by Endorsing in Elections, Experts Say. The IRS Looks the Other Way.
MSN – Jeremy Schwartz and Jessica Priest (ProPublica/Texas Tribune Investigative Unit) | Published: 10/30/2022
Eighteen churches over the past two years appeared to violate the Johnson Amendment, a federal law barring churches and nonprofits from directly or indirectly participating in political campaigns. Some pastors have gone so far as to paint candidates they oppose as demonic. At one point, churches fretted over losing their tax-exempt status for even unintentional missteps. Although the provision was mostly uncontroversial for decades after it passed in 1954, it has become a target for both evangelical churches and former President Trump. But the IRS has largely abdicated its enforcement responsibilities as churches have become more brazen.
Companies Often Don’t Match Climate Talk and Lobbying, Study Says
MSN – Ellen Meyers (Roll Call) | Published: 11/3/2022
Major corporations’ advocacy for clean energy and climate policies falls well short of the nearly unanimous support for cutting emissions and boosting renewable energy in the U.S, according to a report from sustainability nonprofit Ceres. Of listed companies in the S&P 100 index, nine out of every 10 acknowledge climate change is a material risk to their industry. Yet only half of the 100 companies disclosed they lobbied for climate policies aligning with the objectives of the Paris Agreement in the past three years.
Former Trump Aide Kash Patel Set to Testify in Mar-a-Lago Docs Probe: Report
MSN – Julie Shapero (The Hill) | Published: 11/2/2022
Former Trump aide Kash Patel is set to testify before a federal grand jury about the classified documents recovered from former President Trump’s Mar-a-Lago home after being granted immunity for any information. Patel, who has claimed Trump had declassified the documents found at Mar-a-Lago, previously refused to provide information to the grand jury, instead invoking his Fifth Amendment right against self-incrimination. Patel told The Wall Street Journal in August he witnessed Trump issue verbal declassification orders.
He’s an Outspoken Defender of Meat. Industry Funds His Research, Files Show.
DNyuz – Hiroko Tabuchi (New York Times) | Published: 10/31/2022
After three dozen leading researchers sounded a warning in a scientific journal that to fight climate change and improve human health, the world needed to dramatically cut back on eating red meat. The findings were quickly attacked by Frank Mitloehner, the head of an agricultural research center at the University of California, Davis. Mitloehner’s academic group, the Clear Center, receives almost all its funding from meat industry donations and coordinates with a major livestock lobby group on messaging, Critics say that close financial ties between a research center and the industry it studies create the potential for conflict-of-interest.
‘I Think It’s an Earthquake’: The political world reckons with a Musk-owned Twitter
MSN – Rebecca Kern, David Siders, and Meridith McGraw (Politico) | Published: 10/28/2022
Elon Musk formally took control of Twitter and after firing four key executives, tweeted “the bird is freed” – touching off a wave of both anxiety and relief in different corners of the political world. Conservatives, especially on the far right, view Musk as something of a savior, liberating Twitter from what they see as a progressive approach to what content is allowed. Liberals worry about what happens to a key information platform without a gatekeeper, especially if Musk allows Donald Trump back onto the platform.
Lawyers Who Advanced Trump’s Election Challenges Return for Midterms
DNyuz – Nick Corasaniti and Alexandra Berzon (New York Times) | Published: 11/2/2022
At least three dozen lawyers and law firms that advanced Donald Trump’s failed attempt to overturn the 2020 election are now working for Republican candidates, parties, and other groups, filing lawsuits and other complaints that could lay the groundwork for challenging the results of midterm elections. Though the 2020 legal push failed, with just one victory out of more than 60 lawsuits, scores of lawyers behind it have continued to work on election litigation.
Perkins Coie Dials Back Politics, Doubles Down on Corporate Work
Bloomberg Government – Justin Wise | Published: 11/2/2022
Perkins Coie, the law firm that has long been a top adviser to Democrats, is looking to expand its work for tech and emerging companies while pulling back from politics. The firm’s work in the political sphere has plummeted in the current election cycle, after the departure of prominent elections lawyer Marc Elias and a group of attorneys. It has been best known recently for fighting off Republican lawsuits challenging President Joe Biden’s 2020 election win and advising the Barack Obama and Hilary Clinton campaigns.
Political Advertisers Shift Spending from Facebook to Streaming Platforms Ahead of Midterms
CNBC – Lauren Feiner and Jonathan Vanian | Published: 11/2/2022
Political advertisers are spending less on Facebook for the 2022 midterms after flocking to the social network in previous cycles. Apple’s iOS privacy update in 2021 has made it more difficult for campaigns to reach potential voters with targeted ads. Laura Carlson, digital director of the Democratic Governors Association, said her organization is pushing the other half of its $10 million budget to areas like traditional email and text campaigns as well as newer platforms like streaming services.
Their Messages, Skirting Political Ad Rules
DNyuz – Stephanie Lai (New York Times) | Published: 11/3/2022
Social media influencers are paid hundreds and sometimes thousands of dollars per post to circulate political messages, and they are part of a growing group of people who are being paid by campaign operatives to create content aimed at influencing elections. No federal guidance has been published on the specifics of influencer political advertisements. That means users and marketing campaigns are effectively bound by no more than an honor system for disclosures. Some worry it could exacerbate the spread of misinformation and allow shadowy political messaging to flourish.
Trump Lawyers Saw Justice Thomas as ‘Only Chance’ to Stop 2020 Election Certification
MSN – Kyle Cheney, Josh Gerstein, and Nicholas Wu (Politico) | Published: 11/2/2022
Donald Trump’s attorneys saw a direct appeal to Supreme Court Justice Clarence Thomas as their best hope of derailing Joe Biden’s win in the 2020 presidential election, according to emails disclosed to congressional investigators. Trump attorney Kenneth Chesebro contended Thomas would be “our only chance to get a favorable judicial opinion by Jan. 6, which might hold up the Georgia count in Congress.” Thomas is the justice assigned to handle emergency matters arising out of Georgia and would have been the one to receive any urgent appeal of Trump’s lawsuit to the Supreme Court.
U.S. Capitol Police Officer Convicted of Obstructing Jan. 6 Probe
MSN – Tom Jackman (Washington Post) | Published: 10/28/2022
After he went into the U.S. Capitol on January 6, 2021, and then posted about it on Facebook, Jacob Hiles was arrested. In speaking with the FBI, Hiles mentioned something that caught the attention of investigators: “following the riot he had become friends with a Capitol police officer.” The FBI found a screenshot on his phone of a Facebook message sent to him by U.S. Capitol Police Officer Michael Riley on January 7. Riley deleted all his messages with Hiles. A jury recently convicted Riley on one obstruction count, for deleting his Facebook messages with Hiles, and failed to reach a verdict on the issue of his initial message to Hiles.
From the States and Municipalities
Alaska – Alaska Campaign Finance Regulators Issue Warning to the Republican Governors Association
Yahoo News – Iris Samuels (Anchorage Daily News) | Published: 10/26/2022
The Alaska Public Offices Commission (APOC) deferred a decision on a complaint alleging the Republican Governors Association (RGA) was illegally spending money to support Gov. Mike Dunleavy’s reelection bid. The decision allows A Stronger Alaska, the independent expenditure group funded by the RGA, to continue spending money before the November election. But in their ruling, commissioners issued a warning to the RGA and A Stronger Alaska, saying they “continue to make expenditures at their own peril.”
Arizona – Judge Limits Ballot Drop Box Monitoring in Arizona After Intimidation Claims
MSN – Annabelle Timsit (Washington Post) | Published: 11/2/2022
A federal judge issued a temporary restraining order against a far-right group accused of intimidating voters in Arizona. The ruling dramatically restricts what Clean Elections USA or its allies can do or say near ballot boxes. Donald Trump and his supporters have made the drop boxes the focal point of baseless claims they were used in a large-scale scheme to submit false ballots during the 2020 presidential election. The order extends to voters who use ballot drop boxes some of the same protections that are typically afforded at polling places.
California – Bribery Trial Opens for Hotel Company Linked to José Huizar Case
Spectrum News – City News Service | Published: 10/27/2022
A federal prosecutor told a jury that a China-based hotel company owned by a fugitive real estate developer bribed former Los Angeles City Councilperson José Huizar with over $1.5 million in cash, trips on private jets, and “casino chips and prostitutes” in exchange for his official support of a redevelopment project. The defense countered that city officials “universally loved” the project, so “there was no reason to bribe anyone.” Shen Zhen New World I, owned by developer Wei Huang, is charged with bribing Huizar to make sure city officials approved the proposed 77-story mixed-use skyscraper in downtown Los Angeles.
California – Judge Denies Motion to End Corruption Trial after Santa Clara County Sheriff’s Resignation
East Bay Times – Robert Salonga (Bay Area News Group) | Published: 11/2/2022
A judge ruled the civil corruption trial for Santa Clara County Sheriff Laurie Smith will continue after Smith suddenly resigned and asked the court to dismiss the case now that she cannot be removed from office. The arguments highlighted the lack of precedent for removal-from-office trials spurred by a civil grand jury; the only other one in known memory was in 2002 involving the ouster of a Mountain View city council member.
California – Years Later, City Leaders Still Often Don’t Comply with Disclosure Laws
San Francisco Examiner – Adam Shanks | Published: 11/2/2022
Many top city officials in San Francisco still do not comply with a 1999 law that requires them to maintain a daily public calendar that documents who they meet with and what they talk about. There remains a lack of uniformity in how those officials interpret the law, which may be as relevant today as ever thanks to the widespread distrust San Franciscans have of city government due to recent incidents of corruption.
Colorado – Judge Rebuffs GOP Candidate’s Request to Be Exempt from Spending Limits
Colorado Springs Gazette – Michael Karlik (Colorado Politics) | Published: 11/2/2022
A federal judge rejected a Colorado House candidate’s request to spend freely in the final days of the election, after he had inadvertently signed up for voluntary spending limits when he registered his candidacy. Although Paul Archer registered to run in February and realized in June that he had opted into a campaign financing mechanism that requires him to limit his overall spending, Archer only sought a judge’s order to block the spending limits two days after county clerks began mailing ballots. The judge faulted Archer and his campaign committee for the unreasonable delay.
Connecticut – Former CT State Rep. Michael DiMassa Pleads Guilty to Stealing About $1.2 Million in Pandemic Relief Money
MSN – Edmund Mahoney (Hartford Courant) | Published: 11/1/2022
Former Connecticut Rep. Michael DiMassa pleaded guilty to charges that he stole about $1.2 million that West Haven was awarded to cover expenses arising from the coronavirus pandemic. DiMassa was empowered by West Haven’s mayor to approve spending for prevention measures and other unexpected costs. He admitted he conspired with his wife and two others to embezzle the federal grant money by creating dummy invoices and directing payments to sham companies.
Florida – Watchdog Files FEC Complaint Against Nonprofits Tied to ‘Ghost’ Candidate Scandal
MSN – Jeff Weiner (Orlando Sentinel) | Published: 10/28/2022
The “dark-money” nonprofit central to Florida’s so-called ghost candidate scandal, as well as several related organizations, may have violated federal campaign finance laws to conceal political spending, according to a complaint by Citizens for Responsibility and Ethics in Washington. The complaint alleges violations under the Federal Election Campaign Act, which prohibits contributions made “in the name of another,” typically by funneling money intended to support a cause or candidate through a network of entities to conceal its true origins.
Georgia – An Ethics Watchdog Criticized Stacey Abrams. His Boss Retracted It.
DNyuz – Michael Powell (New York Times) | Published: 11/3/2022
When Craig Holman, a campaign finance and ethics expert, criticized Fair Fight Action, a politically powerful voting rights group, and its founder, Stacey Abrams, who happens to be running for governor of Georgia, his boss took notice. The day the article appeared, an official with Fair Fight Action complained to Public Citizen. The next day, Public Citizen retracted Holman’s criticism. It then congratulated Fair Fight Action for “heroic work” in protecting the vote and stated it was “proud to partner with them.” This partnership, Public Citizen officials said, was unofficial and not financial.
Georgia – Supreme Court Denies Lindsey Graham Appeal to Block Subpoena in Election Subversion Case
Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 11/1/2022
The Supreme Court denied U.S. Sen. Lindsey Graham’s bid to block a subpoena from prosecutors investigating Donald Trump’s effort to subvert the 2020 election in Georgia. The court agreed that Graham can be required to provide testimony to a grand jury about matters that are not related to his official congressional work. Prosecutors in Fulton County have emphasized they do not plan to question Graham about his legislative work but are probing his December 2020 phone calls to state officials amid a recount and legal challenges by Trump.
Hawaii – Hawaii Standards Commission Moves to Tighten Ethics Rules for Lawmakers and Lobbyists
Honolulu Civil Beat – Blaze Lovell | Published: 10/26/2022
A commission wants the Hawaii Legislature to post records of legislative allowances online, require lawmakers to disclose any business relationship with lobbyists and other organizations trying to influence government, and make it harder for legislators to vote on bills when they may pose a conflict-of-interest. The Commission to Improve Standards of Conduct advanced several proposals aimed at lobbyists. The bills would mandate annual ethics training for lobbyists, require them to disclose a list of bill numbers they are trying to influence, and prohibit them from giving gifts to legislators and government employees.
Illinois – Pritzker Gives Shoe Leather and Big Bucks to Democrats Running for State’s Top Court – But GOP Says He’s Skirting the Law
Chicago Sun-Times – Tina Sfondeles | Published: 11/1/2022
Gov. J.B. Pritzker dipped into a trust fund to donate to two Democratic candidates for the Illinois Supreme Court, a decision Republicans say is skirting contribution limits the governor set himself. At issue is a bill the governor signed into law earlier this year that caps contributions to judicial candidates to $500,000 from “any single person.” But the Illinois State Board of Elections says Pritzker’s multiple donations are allowed.
Illinois – Tom Cullen, Longtime Brain in Madigan Political Operation, Provided Testimony for Feds
MSN – Jason Meisner and Ray Long (Chicago Tribune) | Published: 10/30/2022
Tom Cullen, a lobbyist who was an inside operator for years on former Illinois House Speaker Michael Madigan’s government staff, testified before a federal grand jury looking into broad aspects of Madigan’s political world, which prosecutors allege included a criminal enterprise aimed at providing personal financial rewards for Madigan and his associates. It has been reported that Cullen and his lobbying firm were at the center of an alleged scheme by AT&T Illinois to pay thousands of dollars to a former member of Madigan’s leadership team in exchange for the speaker’s help on legislation the company wanted.
Kentucky – Are Kentucky Judges Disclosing Everything They Should?
Kentucky Center for Investigative Reporting – Lily Burris and Michael Collins | Published: 11/3/2022
The Kentucky Center for Investigative Reporting obtained financial disclosure forms from 93 sitting judges and challengers running for the bench in Jefferson County, nearby counties in north central Kentucky, and the state Supreme Court. The disclosures do not reveal much about the candidates’ financial holdings, while gaps in oversight and lax enforcement make it difficult to hold judges accountable for potential conflicts-of-interest that might come up in court.
Kentucky – Federal Appeals Court Blocks Effort to Investigate Joe Fischer’s Supreme Court Bid
MSN – Deborah Yetter and Joe Sonka (Louisville Courier Journal) | Published: 10/31/2022
A federal appeals court granted an injunction to temporarily block the Kentucky Judicial Conduct Commission from investigating complaints about the campaign of Joe Fischer, a candidate for the state Supreme Court. Fischer filed a lawsuit saying he believed the commission was considering possible sanctions against him for alleged campaign violations, largely that he has identified himself as “the conservative Republican” in a nonpartisan judicial race. The appeals court said a letter from the commission seeking information and a meeting with the campaign was a threat to Fischer’s First Amendment rights.
Montana – Commissioner of Political Practices Extends Departure Date
Helena Independent Record – Montana State News Bureau | Published: 10/26/2022
After previously announcing he would step down just before Election Day, Commissioner of Political Practices Jeff Mangan said he still plans to leave the position but will remain in place until December 30. Republican lawmakers have for years brought legislation seeking to disband the office or reduce the power commissioners wield. Not since Dennis Unsworth’s departure at the end of 2010 has anyone served out a full term as commissioner.
Nevada – How One Small-Town Lawyer Faced Down the Plans of Election Skeptics
MSN – Stephanie McCrummen (Washington Post) | Published: 10/30/2022
Among the many anonymous jobs at the grassroots of American democracy, the county attorney is one of the most anonymous of all. Pickens County Attorney Phil Landrum’s days are usually spent advising county boards on the minutiae of state law, a job that has lately included defending his corner of the nation’s voting system against a barrage of attempts to upend it. Thousands of local officials across the country find themselves in a similar position as former President Trump and his allies continue to spread false claims about the security of America’s elections and urge their followers to act.
New York – Trump Organization on Trial for Criminal Tax Fraud
MSN – Michael Sisak (Associated Press) | Published: 10/31/2022
The Trump Organization is on trial for criminal tax fraud for what prosecutors say was a 15-year scheme by the company’s former chief financial officer to avoid paying taxes on fringe benefits, including apartments and luxury cars. In opening statements, prosecutors and defense lawyers sparred over the company’s culpability for the actions of Allen Weisselberg, who has pleaded guilty and agreed to testify as a prosecution witness. The tax fraud case is the only criminal trial to arise from the Manhattan district attorney’s three-year investigation of Donald Trump and is one of three active cases involving Trump or the company in New York courts.
Pennsylvania – Pennsylvania Court: Ballots in undated envelopes won’t count
Yahoo News – Mark Scolforo (Associated Press) | Published: 11/1/2022
Pennsylvania officials cannot count votes from mail-in or absentee ballots that lack accurate, handwritten dates on their return envelopes, the state Supreme Court ruled a week before tabulation will begin in races for governor, U.S. Senate, and state Legislature. The court directed county boards of elections to “segregate and preserve” those ballots. The justices split on whether making the envelope dates mandatory under state law would violate provisions of the U.S. Civil Rights Act of 1964, which states that immaterial errors or omissions should not be used to prevent voting.
Pennsylvania – The Pittsburgh Symphony Orchestra Paid $15K to Take 2 Pa. Lawmakers to Europe
Spotlight PA – Angela Couloumbis | Published: 11/2/2022
The Pittsburgh Symphony Orchestra paid for Pennsylvania Senate President Pro Tempore Jake Corman and state Rep. Rob Mercuri, along with their spouses, to travel to Europe to see the orchestra play in nine cities. The symphony, which has received nearly $10 million in state funding over the past five years, picked up the costs for their concert tickets, airfare, hotel, meals, and other incidentals. The orchestra estimated the cost at $15,000. Lawmakers are permitted to accept gifts of any value as long as they are not in exchange for official action and are reported. The Legislature recently without passing a gift ban bill.
South Carolina – SC School Board Member Wanted Taxpayers to Fund Hotel Upgrade Until Ethics Threat, Email Says
MSN – Bristow Marchant (The State) | Published: 11/2/2022
For more than a month, Lashonda McFadden, a member of the board of trustees for the Richland School District, resisted reimbursing the district $425 for upgrading a hotel room at a conference in Atlanta and a pet fee, according to an email sent by the James Manning, the board’s chairperson. Manning said McFadden asked for the money to be taken out of a taxpayer-funded travel account. The money was finally paid back after Manning told McFadden he would refer the matter to the state Ethics Commission.
South Dakota – Federal Court Rules SD Ballot Measure Law Curbs Free Speech
MSN – Stephen Groves (Associated Press) | Published: 11/1/2022
A federal appeals court upheld a lower court’s decision to block parts of a South Dakota law that would have required ballot petition workers to publicly disclose their personal identification information. The law passed in 2020 was just one attempt by lawmakers in recent years to add barriers to ballot measures, which have given progressive causes a chance at enactment in the politically red state. Steven Grasz wrote in an opinion for a three-judge panel of the Eighth Circuit Court of Appeals that being forced to disclose the information would be “chilling in today’s world” and the law would violate the First Amendment.
Tennessee – Shelby County Alters How It Selects an Ethics Officer, and What Complaints They Can Act On
Yahoo News – Katherine Burgess (Memphis Commercial Appeal) | Published: 10/31/2022
How the ethics officer of Shelby County is selected will change after a vote by commissioners. Now, the officer will be nominated by the county mayor with a concurrent resolution by the county commission. That ethics officer will no longer be able to act on anonymous complaints. Instead, they will be able to act only those that are “in writing and signed under oath by the person making the complaint.”
Tennessee – State Sen. Brian Kelsey Files Motion to Change Not Guilty Plea in Federal Campaign Finance Investigation
MSN – Adam Friedman (Tennessean) | Published: 10/28/2022
Lawyers for Tennessee Sen. Brian Kelsey filed a motion to change his plea of not guilty, indicating he may have reached an agreement with federal prosecutors in the campaign finance investigation into his failed 2016 campaign for the U.S. House. The motion comes nearly two weeks after Nashville club owner Joshua Smith pleaded guilty a spart of the probe. Smith’s guilty plea suggests he was cooperating with prosecutors ahead of a trial that is scheduled for January.
Texas – For Third Time This Year, AG Ken Paxton Fails to Disclose Campaign Donors as Required by Law
MSN – Taylor Goldenstein (Houston Chronicle) | Published: 11/1/2022
Texas Attorney General Ken Paxton has failed to file fundraising disclosure forms with complete lists of donors three times in the past year. Paxton has long had an antagonistic relationship with the Texas Ethics Commission, the agency that levies fines for violations such as late or incomplete reports. As of July, it had been almost three years since his office had sued candidates who have not paid their fines, though it is part of his job. He has also declined to represent the commission in court as his political allies seek to dismantle it with a lawsuit.
Vermont – ‘So Blatantly Illegal’: Liam Madden admits to funneling money through family to inflate campaign finance numbers
VTDigger.org – Sarah Mearhoff | Published: 10/28/2022
During a radio interview, Liam Madden, the Republican nominee in the open race for Vermont’s seat in the U.S. House, described in detail a self-funded scheme to inflate his campaign donations during the primary cycle to qualify for candidate debates. Madden claimed to have “drained” his wife’s business’s bank account and distributed roughly $25,000 amongst family members – including his toddler son – who then donated the money to his campaign. Madden said he is now recouping the money by collecting a salary from his campaign.
Washington DC – At-Large Councilmember Elissa Silverman Misspent Public Campaign Funds on Poll, Says Regulator
DCist – Martin Austermuhle | Published: 10/28/2022
The Office of Campaign Finance said District of Columbia Councilperson Elissa Silverman improperly used public campaign funds to pay for two targeted polls ahead of the June Democratic primary for a race in which she was not a candidate. In its ruling, which Silverman says she will appeal, the office ordered her to refund the city more than $6,000 for the cost of the polls. Silverman participates in the Fair Elections program, which matches small-dollar contributions with public funds.
October 28, 2022 •
News You Can Use Digest – October 28, 2022
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National/Federal Bannon Gets 4 Months Jail Term for Defying Jan. 6 Committee Subpoena Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 10/21/2022 A judge sentenced longtime Donald Trump adviser Steve Bannon to four months in jail for defying […]
National/Federal
Bannon Gets 4 Months Jail Term for Defying Jan. 6 Committee Subpoena
Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 10/21/2022
A judge sentenced longtime Donald Trump adviser Steve Bannon to four months in jail for defying a subpoena from lawmakers investigating the attack on the Capitol by a pro-Trump mob. He will also pay a $6,500 fine. U.S. District Court Judge Carl Nichols said Bannon inappropriately defied the select committee on a matter of significant national interest, and even after roadblocks to his testimony had been removed. A jury convicted Bannon on two charges of contempt of Congress – one for refusing to testify to the January 6 select committee, another for refusing to provide relevant documents to the panel.
Big K Street Players Spend More as Election Uncertainty Brews
MSN – Kate Ackley (Roll Call) | Published: 10/21/2022
K Street’s 10 biggest spenders have shelled out a combined $238.3 million on federal lobbying so far this year, as the industry now gears up for brewing uncertainty when lawmakers return after the midterm elections. Business groups, led by the U.S. Chamber of Commerce, as well as health care, pharmaceutical, and technology interests, topped spending in the first three quarters of this year, as Congress moved climate, health, and tax legislation and a new law to boost domestic semiconductor manufacturing.
Head of UK Lobbying Watchdog Calls for Tougher Disclosure Rules
Guardian – Rowena Mason | Published: 10/26/2022
The head of the United Kingdom’s lobbying watchdog called for tougher disclosure rules to show which ministers have been solicited, as well as a review of exemptions to the rules. Harry Rich, who is in charge of the register of consultant lobbyists and their clients, is making suggestions for more transparent lobbying declarations in a submission to parliament’s public administration and constitutional affairs committee in his first public intervention on the subject since taking the job in 2018.
How Votes Are Cast and Counted Is Increasingly Decided in Courtrooms
MSN – Patrick Marley (Washington Post) | Published: 10/26/2022
Disputes over redistricting, voter IDs, voting hours, recounts, and other election-related policies have long run parallel to political campaigns, but the numbers are rising. The increase began after the U.S. Supreme Court decided the 2000 presidential election and the trend reached a high in 2020, when the coronavirus pandemic prompted a host of new voting rules. Election experts say courts have the power to clarify vague laws or policies and resolve key questions before ballots are cast, but many also contend the barrage of lawsuits increases the chances of last-minute rulings that can spur voter confusion.
Jan. 6 Panel Issues Subpoena to Trump, Demanding He Testify
MSN – Farnoush Amiri and Mary Clare Jalonick (Associated Press) | Published: 10/21/2022
The House committee investigating the attack on the U.S. Capitol issued its subpoena of Donald Trump, demanding testimony from the former president who lawmakers say “personally orchestrated” a multi-part effort to overturn the results of the 2020 election. The panel issued a letter to Trump’s lawyers saying he must testify, either at the Capitol or by videoconference, “beginning on or about” November 14 and continuing for multiple days if necessary. The letter also outlined a request for a series of corresponding documents, including personal communications between Trump and members of Congress as well as extremist groups.
Law Firms Eager for US Regulatory Clarity on Foreign Lobbying
Bloomberg Law – Ben Penn | Published: 10/26/2022
Carrying a maximum prison sentence of five years for willful offenders, the Foreign Agents Registration Act mandates public disclosures when individuals, companies, or nonprofits act on behalf of foreign interests. It contains exceptions that apply to attorneys, which have proven difficult to interpret for work at the border of legal representation and political advocacy. Those exemptions are now slated for a regulatory rewrite, with implications for lawyers, both those hoping to provide clarity to clients on whether they need to register and others concerned about their own need to file. The proposal is expected by the end of 2022.
Mar-a-Lago Classified Papers Held U.S. Secrets About Iran and China
MSN – Devlin Barrett (Washington Post) | Published: 10/21/2022
Some of the classified documents recovered by the FBI from Donald Trump’s Mar-a-Lago estate included highly sensitive intelligence regarding Iran and China, according to people familiar with the matter. If shared with others, the people said, such information could expose intelligence-gathering methods the U.S. wants to keep hidden from the world. The secret documents about Iran and China are considered among the most sensitive the FBI has recovered in its investigation of Trump and his aides for possible mishandling of classified information, obstruction, and destruction of government records, the people said.
Menendez Facing Another Federal Investigation
MSN – Matt Friedman (Politico) | Published: 10/26/2022
Sen. Bob Menendez is facing another federal ethics investigation. It was reported that the U.S. Attorney’s Office for the Southern District of New York is investigating Menendez five years after a jury deadlocked on corruption charges against him. Prosecutors at first announced plans to try Menendez again but backed off. The new investigation threatens to cloud Menendez’s expected reelection campaign in 2024.
Social Security Whistleblowers Say They Were Sidelined for Exposing Fines
Yahoo News – Lisa Rein (Washington Post) | Published: 10/25/2022
Joscelyn Funnié and Deborah Shaw, attorneys in the Social Security Administration’s inspector general’s office, were removed from their jobs and placed on paid leave after expressing concerns about large fines imposed on disabled and poor elderly people. They were eventually reinstated. But since returning to work under Inspector General Gail Ennis, they said they have been excluded from meaningful assignments, given tasks below their experience and abilities, and denied opportunities for advancement. Experts on whistleblowers describe the treatment as evidence of retaliation in a case that is the focus of three ongoing probes.
From the States and Municipalities
Arizona – A Retiree Served Food to the Homeless for Years. Then It Got Her Arrested.
MSN – Jonathan Edwards (Washington Post) | Published: 10/26/2022
Police often patrolled Community Park in Bullhead City, Arizona, so Norma Thornton ignored two officers when they pulled up in cruisers as she finished serving food to homeless people. When one of the officers said he was arresting her for violating the city’s new ordinance that outlawed people serving prepared food in public parks for “charitable purposes,” Thornton suspected a prank. Only when the officer put her in the back seat of his cruiser did reality set in. Thornton recently filed a lawsuit against Bullhead City, accusing the officers of violating her civil rights. She is asking a federal judge to declare the ordinance unconstitutional.
Arizona – Ariz. Democratic Governor Candidate Hobbs Reports Break-In at Campaign Office
MSN – Amy Wang (Washington Post) | Published: 10/27/2022
The campaign for Arizona Democratic gubernatorial candidate Katie Hobbs said its Phoenix office was broken into and police are investigating the incident. A spokesperson for Hobbs, Arizona’s secretary of state, implicitly blamed Hobbs’s Republican rival, Kari Lake, a charge Lake scoffed at as “absurd.” Phoenix police said unspecified items were taken, according to The Arizona Republic. In surveillance images obtained by the newspaper, a young man wearing shorts and a green T-shirt can be seen inside the building.
Arizona – Arizona Sheriff Steps Up Security Around Ballot Drop Boxes
MSN – Associated Press | Published: 10/25/2022
The sheriff in metropolitan Phoenix said he stepped up security around ballot drop boxes after a series of incidents involving people keeping watch on the boxes and taking video of voters after they were apparently inspired by lies about the 2020 election. Deputies responded recently when two masked people carrying guns and wearing bulletproof vests showed up at a drop box in Mesa, a Phoenix suburb. The secretary of state said her office has received six cases of potential voter intimidation to the state attorney general and the U.S. Department of Justice, as well as a threatening email sent to the state elections director.
Arkansas – Federal Judge Signs Off on Prosecution’s Motion to Dismiss Charges Against Gilbert Baker
Arkansas Democrat-Gazette – Dale Ellis | Published: 10/25/2022
A federal judge dismissed bribery and wire fraud charges against former Arkansas Sen. Gilbert Baker. Baker was indicted on one count each of conspiracy to commit bribery and bribery concerning programs receiving federal funds, and seven counts of honest services wire fraud. Prosecutors accused Baker of bribing former Faulkner County Circuit Court Judge Michael Maggio in 2013 as part of a scheme to get Maggio to lower a financial judgment against Greenbrier Nursing and Rehabilitation Center. A judge declared a mistrial when jurors acquitted Baker on the conspiracy count but could not reach a verdict on the remaining counts.
California – California Sets Up Age Requirement for Those Handling Political Campaign Bucks
Marin Independent Record – Gabriel Greschler (Bay Area News Group) | Published: 10/20/2022
The California Fair Political Practices Commission passed a rule prohibiting anyone under the age of 18 to be hired for a position that requires them to sign campaign finance documents under penalty of perjury. The change will mostly apply to a campaign’s treasurer but could affect other positions that involve financial decisions. Milpitas City Councilperson Anthony Phan was found to have hired his 14-year-old cousin as his treasurer during a bid for a council seat in 2016.
California – Ethics Reform Proposal Stalled Amid Endless Negotiations Between City, Union
San Francisco Examiner – Adam Shanks | Published: 10/19/2022
A proposal to reform San Francisco’s ethics laws has been stalled for months amid prolonged negotiations with the union that represents top city officials. The union says it needs time to study the proposal and its many ramifications, but the city’s Ethics Commission says it is simply dragging its feet on reform. The Municipal Executives Association has been exercising its right to weigh in on the proposal for nearly a year despite a push from the Ethics Commission, which authored the reforms, to put it before voters in the form of a ballot measure.
California – Ex-Anaheim Mayor Refuses to Publicly Disclose Emails Amid FBI Corruption Investigation
MSN – Nathan Fenno, Gabriel San Román, and Adam Elmahrek (Los Angeles Times) | Published: 10/25/2022
The criminal defense attorney for former Anaheim Mayor Harry Sidhu claimed Sidhu’s emails and text messages sent while in office about city business on private devices were no longer public because he has resigned and invoked his constitutional right against self-incrimination. Sidhu refusal to disclose the communications could obstruct a probe into a corruption scandal surrounding the sale of Angel Stadium. Public records experts say the refusal flouts California law and could encourage other government officials to use private accounts to conduct official business and avoid public scrutiny.
California – LA Councilwoman Raman Seeks Action on Lobbying Reforms
MSN – City News Service | Published: 10/25/2022
Los Angeles City Councilperson Nithya Raman filed a motion to have her colleagues adopt lobbying reforms presented by the city’s Ethics Commission but placed on the back burner by former council President Nury Martinez. The proposal seeks to make lobbying efforts more transparent and limit financial ties between lobbyists and city officials. The commission sent the council recommended updates to the Municipal Lobbying Ordinance in April, but Martinez never placed the report on the council’s agenda.
Colorado – Colorado Attorney General Phil Weiser Attends Lavish Event in Hawaii Paid for by Corporations He’s Suing
CBS News – Shaun Boyd | Published: 10/19/2022
The Attorney General Alliance, a group made up of 48 state attorneys general, a private club that corporations and lobbyist organizations pay tens of thousands of dollars to belong to. Their membership buys them access to lavish events where they can schmooze the top legal officers for state government, individuals who have sole discretion over whether to sue, settle, or investigate them. The alliance’s 2021 annual conference in Maui was sponsored by companies like Google, Juul, and Pfizer, all of which were being sued by states at the time.
Connecticut – Connecticut Port Authority Employee Fined for Ethics Violation
Yahoo News – Greg Smith (The Day) | Published: 10/24/2022
Connecticut Port Authority employee Andrew Lavigne was fined $750 and suspended for two days without pay for violating state ethics rules when he accepted hockey tickets from a company doing business with the quasi-public agency. The fine is the settlement reached with the Office of State Ethics, which determined Seabury Maritime had violated the state code of ethics for public officials in 2017 and 2019 when it provided gifts, meals, and overnight accommodations to port authority employees and two board members.
Delaware – State Auditor Kathy McGuiness Sentenced for Public Corruption Convictions
Yahoo News – Xerxes Wilson (News Journal) | Published: 10/19/2022
The only statewide-elected official in Delaware history to be accused and convicted of crimes while in office was spared prison time and resigned her office. Auditor Kathy McGuiness was sentenced to a year of probation, 500 hours of community service, and a $10,000 fine for her misdemeanor conflict-of-interest and official misconduct convictions, guilty verdicts that stemmed from hiring her daughter to work in the auditor’s office.
Florida – Florida Commission on Ethics Recommends Doug Underhill Be Removed from Office
Yahoo News – Jim Little (Pensacola News Journal) | Published: 10/21/2022
The Florida Commission on Ethics asked Gov. Ron DeSantis to remove Escambia County Commissioner Doug Underhill from office one month before the end of his term. The commission said Underhill be removed for disclosing a county “shade meeting” transcript before the litigation was officially concluded and be fined the maximum of $10,000. The commission also recommended Underhill be fined $6,250 for each of four additional ethics violations of gift disclosure laws and solicitation donations from a county vendor or lobbyist, bringing the total recommended fine to $35,000.
Florida – Tampa Lawmaker Files Lawsuit Against Campaign Manager, Alleging Sexual Harassment
Yahoo News – Kirby Wilson and Emily Mahoney (Tampa Bay Times) | Published: 10/24/2022
Florida Rep. Jackie Toledo is accusing her campaign manager, a well-known Republican communications strategist, of sexual harassment. Fred Piccolo sent “unwanted, unsolicited, inappropriate, and grossly offensive” text messages to her, according to a lawsuit. Toledo, who made an unsuccessful bid this year for a U.S. House seat, also accuses Piccolo of trying to get fired to earn a $100,000 termination payout. She is seeking at least $30,000 in damages.
Georgia – Abrams’ Campaign Chair Collected Millions in Legal Fees from Voting Rights Organization
Yahoo News – Brittany Gibson (Politico) | Published: 10/24/2022
The voting rights organization founded by Stacey Abrams spent more than $25 million over two years on legal fees, mostly on a single case, with the largest amount going to the self-described boutique law firm of the candidate’s campaign chairperson. Allegra Lawrence-Hardy, Abrams’ close friend who chaired her gubernatorial campaign both in 2018 and her current bid to unseat Georgia Gov. Brian Kemp, is one of two named partners in Lawrence & Bundy. Some questioned both the level of expenditures devoted to a single, largely unsuccessful legal action and that such a large payout went to the firm of Abrams’ friend.
Georgia – Supreme Court Puts Temporary Hold on Graham Grand Jury Election Testimony
MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 10/24/2022
Supreme Court Justice Clarence Thomas put a temporary hold on an order that U.S. Sen. Lindsey Graham appear before a Georgia grand jury investigating possible attempts by former President Trump and his allies to disrupt the state’s 2020 presidential election. A three-judge panel of the U.S. Court of Appeals for the 11th Circuit denied an attempt to block a subpoena from Fulton County District Attorney Fani Willis, in which Graham claimed a sitting senator is shielded from testifying in such investigations.
Georgia – Trump Chief of Staff Meadows Ordered to Testify Before Ga. Grand Jury
MSN – Amy Wang and Tom Hamburger (Washington Post) | Published: 10/26/2022
A judge ruled former Trump White House chief of staff Mark Meadows must testify before a Georgia grand jury investigating Republican efforts to reverse the 2020 presidential election results in the state. Meadows has helped promote Trump’s baseless claims that widespread voter fraud delivered the presidency to Joe Biden. In her petition seeking Meadows’s testimony, Fulton County District Attorney Fani Willis noted Meadows’s participation in a telephone call Trump made on January 2, 2021, to Georgia Secretary of State Brad Raffensperger asking him to “find” 11,780 votes that would enable him to defeat Biden in the state.
Illinois – Federal Oversight of Cook County Assessor’s Hiring to End; Supervision Tied to Decades-Old Shakman Patronage Lawsuit
MSN – A.D. Quig (Chicago Tribune) | Published: 10/25/2022
For years, federal courts have kept watch over the Cook County assessor’s office, making sure workers were not hired for their political connections, and that job descriptions were clear. That oversight will end on November 1. The so-called Shaman oversight is named for Michael Shakman, the man who first sued to end the practice of Democratic patronage, under which city and county jobs were filled by faithful party members, and firings or promotions were based on election-time efforts.
Illinois – Inside AT&T’s Alleged ‘Conspiracy’ to Bribe Powerbrokers at the Illinois Capitol
WBEZ – Jon Seidel (Chicago Sun-Times) and Dan Mihalopoulos | Published: 10/21/2022
For more than a decade, Brian Gray was AT&T’s top executive in Illinois for a critical area – dealing with politicians in a state known for its corruption. As the director of legislative affairs, he oversaw a stable of lobbyists, and in recent years he also headed the company’s PAC in Illinois. AT&T is cooperating authorities and promised to pay a $23 million fine admitting it used illegal means in efforts to win support for favorable legislation. Sources close to the investigation say the three employees referenced in the indictment are Gray and former company lobbyists Robert Barry and Stephen Selcke.
Maine – Ethics Panel Says Candidate, Outside Group Violated Campaign Finance Laws
Yahoo News – Randy Billings (Portland Press Herald) | Published: 10/26/2022
Maine’s ethics commission ruled in separate cases that a state Senate candidate and an out-of-state political group did not properly disclose the funding sources for campaign communications, a violation of the state’s campaign finance law. October 26 marked the first day that independent expenditures from outside groups need to be reported within 24 hours. Previously, such spending needed to be reported within 48 hours.
Massachusetts – Groups Sue to Put Super PAC Question on 2024 State Ballot
MSN – Steve LeBlanc (Associated Press) | Published: 10/24/2022
Groups pushing for a 2024 ballot question aimed at reining in the spending power of super PACs filed two lawsuits in Massachusetts that target a decision by the state attorney general’s office to block the question on the grounds it would infringe on First Amendment rights. The lawsuits argue in favor of the proposed question, which would change state law to limit contributions by individuals to independent expenditure political action committees to $5,000. Currently, super PACs can raise and spend unlimited funds from individuals as long as they do not directly coordinate with a candidate’s campaign.
Michigan – Michigan Jury Finds Three Men Guilty of Aiding Plot to Kidnap Governor
MSN – Tyler Clifford and Brendan O’Brien (Reuters) | Published: 10/26/2022
A jury found three men guilty of aiding a conspiracy to kidnap Michigan Gov. Gretchen Whitmer in 2020, a plot that prosecutors said grew out of hostility over restrictions she imposed during the COVID-19 pandemic. Joseph Morrison, his father-in-law, Pete Musico, and Paul Bellar were convicted of gang membership, firearm violations, and providing material support for terrorism. They could face up to 20 years in prison. State prosecutors argued the men assisted two others who were found guilty in federal court of kidnapping conspiracy. It stands as the most prominent case involving domestic terrorism and militias in years.
Missouri – State Ethics Board Fines Former Candidate for St. Louis County Executive
St. Louis Post-Dispatch – Kurt Erickson | Published: 10/25/2022
A one-time candidate for St. Louis County executive was fined more than $34,000 for campaign finance violations. According to the Missouri Ethics Commission, William Ray Jr. had multiple problems with two campaign accounts, one for him personally and another political committee called Fannie PAC. Among the violations were failures to report more than $11,450 in contributions and more than $9,400 in expenses.
New York – New Ethics Commissioner Attended Assemblyman’s Campaign Fundraiser
Albany Times Union – Chris Bragg | Published: 10/24/2022
Leonard Austin, who is serving as the vice chair of New York’s Commission on Ethics and Lobbying in Government, recently attended a campaign fundraiser for state Assemblyperson Charles Lavine. Austin’s wife donated to Lavine’s reelection bid. Under state law, ethics commission members are prohibited from contributing to any candidate for state-level office, including Assembly members. The law does not address this situation, where an ethics commissioner attends a fundraiser and their spouse makes a donation.
New York – Trump’s Business, Under Threat, Faces a Tough Test in Court
MSN – Ben Protess, William Rashbaum, and Jonah Bromwich (New York Times) | Published: 10/23/2022
The Trump Organization is on trial in Manhattan, where the district attorney’s office accused it of tax fraud and other crimes. Although Donald Trump himself was not indicted, he is synonymous with the company he ran for decades. This case centers on special perks doled out by the Trump Organization, which comprises more than 500 corporate entities. The company’s chief financial officer, Allen Weisselberg, pleaded guilty to conspiring to carry out the scheme and agreed to testify at the trial.
Ohio – 2 Conservatives Accused in Hoax Robocall Scheme Plead Guilty
MSN – Mark Gillispie (Associated Press) | Published: 10/25/2022
Two right-wing operatives pleaded guilty to single felony counts of telecommunications fraud for having placed thousands of false robocalls in Ohio that told people they could be arrested or be forced to receive vaccinations based on information they submitted in votes by mail. Jacob Wohl and Jack Burkman could each receive a year in prison when they are sentenced. The have a history of staging hoaxes and spreading false smears against Democrats and public officials.
Ohio – FirstEnergy Cuts Off Its ‘Dark Money’ Spigot in Ohio, Disclosures Show
Yahoo News – Jake Zuckerman (Cleveland Plain Dealer) | Published: 10/24/2022
Besides some nominal payments, FirstEnergy has cut off its contributions to Ohio-based nonprofit entities that spend outside money to support politicians. But the disclosures show FirstEnergy made about $130,000 in similar “dark money” payments to political firms in 2021 in New Jersey and West Virginia, where it also operates utilities. Since the initial arrests in the House Bill 6 scandal, candidates and party committees in Ohio have returned a combined $390,000 in contributions from the company’s state and federal PACs. Meanwhile, FirstEnergy keeps just one lobbyist on hand in the state compared to the 15 it retained in 2019.
Oregon – Portland City Auditor’s Office Issues Penalty Against Gonzalez’s Campaign
MSN – Michaela Bourgeoise (KOIN) | Published: 10/20/2022
Rene Gonzalez’s campaign for Portland City Council is facing another fine after an investigation into the campaign’s rented office and parking spaces revealed it accepted an unlawful in-kind contribution. The city auditor’s office said it issued a $5,520 civil penalty against the campaign for allegedly accepting six months of parking at a Portland office rented from Schnitzer Property Management.
Tennessee – Election Watchdog Disputes Harwell Claim That Shifting State Funds to Federal Campaign Was Legit
Tennessee Lookout – Sam Stockard | Published: 10/26/2022
Former Tennessee House Speaker Beth Harwell contends the transfer of money from her state PAC to a super PAC that supported her failed congressional bid this summer was legal. But a watchdog group that monitors potential campaign finance violations says Harwell’s actions are “outside the law,” which prohibits state election funds from being used for federal campaigns. Saurav Ghosh, director of federal campaign finance reform for the Campaign Legal Center, said his organization will consider filing a complaint with the FEC against the Harwell campaign.
Texas – Greg Abbott Ran as a Small-Government Conservative. But the Governor’s Office Now Has More Power Than Ever.
Texas Tribune – Marilyn Thompson (ProPublica) and Perla Trevizo | Published: 10/25/2022
Greg Abbott has consolidated power like no Texas governor in recent history, at times circumventing the Republican-controlled state Legislature and overriding local officials. Abbott’s executive measures have solidified his conservative base and dramatically raised his national profile. Lower courts have occasionally ruled against Abbott, but Texas’ all-Republican highest court has sided with the governor, dismissing many of the cases on procedural grounds. Other challenges to Abbott’s use of executive power are still pending. In no case have the governor’s actions been permanently halted.
Texas – Texas Agencies’ Plan to Monitor Harris County Elections Raises Concerns Among Observers
Houston Public Media – Adam Zuvanich | Published: 10/19/2022
The Texas secretary of state’s office, in a letter submitted days before the start of early voting for the 2022 midterm election, informed Harris County it will send a team of inspectors and election security trainers to observe and help administer the November 8 election in the state’s largest metropolitan area. Representatives of state Attorney General Ken Paxton, who is on the ballot, also will be present to “immediately respond to any legal issues” raised by the inspectors, poll watchers, and others.
Washington – Facebook Parent Company Fined $25M for WA Campaign Finance Violations
Seattle Times – David Gutman | Published: 10/26/2022
A judge fined Facebook parent company Meta nearly $25 million for repeatedly and intentionally violating Washington’s campaign finance law. King County Superior Court Judge Douglass North issued the maximum possible fine after finding the company had, between 2019 and 2021, violated a longstanding disclosure law 822 separate times. Each fine carried a penalty of $30,000. It is the largest campaign finance penalty ever issued in the U.S., state Attorney General Bob Ferguson’s office said.
Washington DC – Bowser Fires Official Who Took Job at insurer after Medicaid Procurement
MSN – Julie Zauzmer Weil and Michael Brice-Saddler (Washington Post) | Published: 10/26/2022
A week after the District of Columbia Council awarded multibillion-dollar contracts for insuring Medicaid patients to three companies seeming to end a years-long struggle to right the city’s Medicaid system after court and council fights, Mayor Muriel Bowser called for a new investigation related to the procurement process. Bowser fired the interim director of the Office of Policy and Legislative Affairs after he took a new job with the parent company of one of the insurers awarded the lucrative contract. Bowser referred him to the city’s ethics board and inspector general.
October 21, 2022 •
News You Can Use Digest – October 21, 2022
![News You Can Use Digest – October 21, 2022](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal Activists Push for Disclosure of Clients and Income of Judges’ Spouses MSN – Hailey Fuchs (Politico) | Published: 10/20/2022 A coalition of judicial advocacy and watchdog groups are calling on Congress to establish greater disclosure requirements for the spouses of […]
National/Federal
Activists Push for Disclosure of Clients and Income of Judges’ Spouses
MSN – Hailey Fuchs (Politico) | Published: 10/20/2022
A coalition of judicial advocacy and watchdog groups are calling on Congress to establish greater disclosure requirements for the spouses of federal judges. In a letter sent to lawmakers on Capitol Hill, the groups cite a Politico report on potential conflicts posed by the professional work of Supreme Court justice’s spouses and the inadequacy of disclosures around that work. The coalition maintains the “concerns are no doubt more acute” among the hundreds of circuit and district court judges. They also point to the spouses of four justices on the Supreme Court whose work remains opaque yet may intersect with cases before the court.
As Campaign Norms Erode, Even Debates Are Under Debate
DNyuz – Lisa Lerer and Jazmine Ulloa (New York Times) | Published: 10/19/2022
In midterm campaigns across the country, direct political engagement has been falling away, victim to security concerns, pandemic-era restrictions, and Republican hostility to the mainstream media. Many candidates are sticking instead to safer spaces: partisan news outlets, fundraisers with supporters, friendly local crowds. The result is a profound shift in the long traditions of American campaigns that is both a symptom of and a contributor to the ills afflicting the country’s politics.
Big Tech Accused of Shady Lobbying in EU Parliament
Politico – Clothilde Goujard | Published: 10/14/2022
Google, Meta, and Amazon have deceived lawmakers by lobbying through smaller front organizations, leading lawmakers claimed. They asked for an investigation into the tech companies, as well as large lobbying groups including trade association the Computer & Communications Industry Association and advertisers’ group IAB Europe. Three other lobbies representing small and medium-sized companies are also targeted by the complaints. The lawmakers say the companies deceived European lawmakers during negotiations on two landmark laws by hiding behind fronts.
Congressional Ethics Watchdog Calls for Ethics Investigation into Kahele
Honolulu Civil Beat – Nick Grube | Published: 10/14/2022
The Office of Congressional Ethics called for an official inquiry into U.S. Rep. Kai Kahele. He came under scrutiny earlier in the year after a media investigation into his proxy voting record that found he had asked colleagues to vote on his behalf more than almost any other member of Congress at the same time he was laying the groundwork for a gubernatorial campaign in Hawaii. The story led to more questions about Kahele’s part-time job as a pilot for Hawaiian Airlines and work he was doing on the House Transportation and Armed Services Committees.
DOJ Asks Appeals Court to End Outside Review of Trump Mar-a-Lago Documents
MSN – Josh Gerstein and Kyle Cheney (Politico) | Published: 10/14/2022
An outside review of documents the FBI seized from Donald Trump’s Mar-a-Lago estate should be halted because it interferes with prosecutors’ authority and is legally unjustified, the Justice Department said in a filing with a federal appeals court. Prosecutors said Aileen Cannon, the judge who ordered the “special master” review at Trump’s request, erred in her ruling because there was no indication of malfeasance or infringement of Trump’s rights in connection with the search a magistrate judge ordered.
High Court Rejects Trump Plea to Step into Mar-a-Lago Case
MSN – Mark Sherman and Jessica Gresko (Associated Press) | Published: 10/13/2022
The U.S. Supreme Court rejected former President Trump’s plea to step into the legal fight over the FBI search of his Florida estate. The justices did not otherwise comment in turning away Trump’s emergency appeal. Trump had pressed the court on an issue relating to classified documents seized in the search. The move appears to greatly reduce the potential impact of the special master process to the ongoing Justice Department criminal investigation into the classified documents.
House Jan. 6 Committee Votes to Subpoena Trump in Finale Surprise
MSN – Rosalind Helderman, Jacqueline Alemany, and Tom Hamburger (Washington Post) | Published: 10/13/2022
The House committee investigating the attack on the U.S. Capitol issued a subpoena seeking testimony from former President Trump, a challenge with little historical precedent. Combining a mix of new evidence gathered by the committee since July and testimony played at previous sessions, members have said the violence was the direct and predictable result of Trump’s choices in the weeks after he lost his bid for reelection. Even after interviews with more than 1,000 witnesses and reviews of hundreds of thousands of documents, U.S. Rep. Liz Cheney said their work is incomplete without hearing answers from “January 6th’s central player.”
Investors Resist Efforts to Paint ESG as a Political Issue
MSN – Ellen Meyers (Roll Call) | Published: 10/20/2022
Institutional investment firms and activist asset managers are amplifying their message to congressional and state lawmakers: stop equating environmental, social, and governance (ESG) investing with a political agenda. Investors of all sizes are doubling down on the importance of ESG considerations ahead of midterm elections. At stake is a growing body of legislation and regulations in states such as Texas, Oklahoma and Louisiana aimed at curbing ESG investment and, in some cases, divesting from certain financial institutions over investment policies that incorporate ESG factors such as climate risk and human capital management.
Judge Bucks Trump, Orders Pence Aide to Testify to Jan. 6 Grand Jury
MSN – Spencer Hsu, Josh Dawsey, and Jacqueline Alemany (Washington Post) | Published: 10/14/2022
A top aide to former Vice President Mike Pence returned before a grand jury to testify in a criminal probe of efforts to overturn the 2020 election after federal courts overruled ex-President Trump’s objections to the testimony. In a decision that could clear the way for other top Trump White House officials to answer questions before a grand jury, Chief U.S. District Court Judge Beryl Howell ruled that former Pence chief of staff Marc Short probably possessed information important to the Justice Department’s criminal investigation of the insurrection that was not available from other sources.
Judge: Trump signed court document that knowingly included false voter fraud stats
MSN – Kyle Cheney and Josh Gerstein (Politico) | Published: 10/19/2022
Former President Trump signed legal documents describing evidence of election fraud he knew were false, a federal judge indicated. U.S. District Court Judge David Carter wrote in an 18-page opinion that emails from attorney John Eastman, an architect of Trump’s last-ditch effort to subvert the 2020 election, needed to be turned over to the Jan. 6 select committee. Those emails, Carter wrote, “show that President Trump knew that the specific numbers of voter fraud were wrong but continued to tout those numbers, both in court and to the public.”
Newspapers with a Partisan Aim Filling the Void of Traditional Media
MSN – Michael Scherer (Washington Post) | Published: 10/15/2022
As local newspapers collapsed amid a rise in online advertising competition, niche news products with private funding sources have sprouted to fill the void. Some function as a sort of direct mail persuasion piece, while others republish content on hundreds of websites with local names like the Fond Du Lac Times in Wisconsin. Other experiments have sought to build actual newsrooms in key swing states to attract audiences to more ideological views. Many worry the newcomers deceive readers, undermine the reputations of existing journalistic brands, and fail, in some cases, to meet even the basic standards of the profession.
Retired U.S. Brass Cash in with Saudis, Other Repressive Governments
MSN – Craig Whitlock and Nate Jones (Washington Post) | Published: 10/18/2022
Foreign governments have long advanced their interests in Washington by paying Americans as lobbyists, lawyers, political consultants, and public relations advisers. But the hiring of retired U.S. military personnel for their expertise and political clout has accelerated over the past decade as Persian Gulf monarchies have splurged on defense spending and strengthened their security partnerships with the Pentagon. For years, the U.S. government withheld virtually all information about the practice. The Washington Post found many military retirees take foreign jobs or gifts without notifying the U.S. government.
Sidley Austin Reveals Work for Chinese Surveillance Firm Under Foreign Agents Law
Reuters – Mike Scarcella | Published: 10/18/2022
The law firm Sidley Austin disclosed its lobbying work for the U.S. subsidiary of Chinese video surveillance company Hikvision under the Foreign Agents Registration Act, revealing about $7.4 million in fees since 2018. The firm said its registration for Hikvision USA was done “solely in response to a request” from the U.S. Justice Department. The firm had earlier reported its lobbying through the Lobbying Disclosure Act in 2018 after it was retained then by Hikvision.
Some Republicans Want to Count Votes by Hand. Bad Idea, Experts Say.
DNyuz – Maggie Astor (New York Times) | Published: 10/18/2022
Over the past two years, Republicans have pursued an array of changes to how Americans vote. The past few weeks have drawn attention to a particularly drastic idea: counting all ballots by hand. Experts in election administration said while hand counting is an important tool for recounts and audits, tallying entire elections by hand in any but the smallest jurisdictions would cause chaos and make results less accurate, not more.
Staffers in Rep. Andy Levin’s Office Sign First Union Contract
MSN – Jim Saska (Roll Call) | Published: 10/17/2022
Courtney Laudick and about a dozen other staff members on Capitol Hill organized the Congressional Workers Union earlier this year. Laudick’s boss, U.S. Rep. Andy Levin, sponsored a resolution to allow House staff to unionize, without knowing Laudick was involved in the effort. The resolution was slipped into a rule for supplemental Ukrainian aid funding and passed. Levin and his aides took another historic step recently, agreeing to a tentative contract that raises the average wage for his junior staff to $76,000 and provides all members of the bargaining unit with a $10,000 salary increase.
Steele Dossier Source Acquitted, in Loss for Special Counsel Durham
MSN – Salvador Rizzo, Rachel Weiner, and Perry Stein (Washington Post) | Published: 10/18/2022
A jury found Igor Danchenko, a private researcher who was a primary source for a 2016 dossier of allegations about former President Trump’s ties to Russia, not guilty of lying to the FBI about where he got his information. The verdict is another blow for special counsel John Durham, who has now lost both cases that have gone to trial as part of his investigation. Durham is sure to face renewed pressure to wrap up his work following the verdict.
Ted Cruz Reimbursed Himself $555,000 After Successfully Challenging a Political Spending Law at the Supreme Court
MSN – Bryan Metzger (Business Insider) | Published: 10/17/2022
U.S. Sen. Ted Cruz’s campaign has paid him $555,000 to cover personal loans to his Senate committee. The 2002 Bipartisan Campaign Reform Act set a $250,000 limit on the amount of money that candidates could raise after the election for the purpose of paying off personal loans to their campaign committee. The Supreme Court ruled the limit was unconstitutional. That is despite concerns not just from good-government groups that argued lifting the cap could fuel corruption by allowing campaign donors to essentially pay candidates directly by contributing to the repayment of their personal loans.
Canada
Canada – How a Controversy Over GMOs Exposed Holes in Canada’s Lobbying Laws
National Observer – Marc Fawcett-Atkinsion | Published: 10/17/2022
A controversy over an industry lobbyist’s input into draft guidelines for genetically modified organisms exposed loopholes in Canada’s lobbying laws, experts say. Jennifer Hubert, the executive director of plant bioengineering at CropLife Canada appears to have written an early draft of proposed guidelines for the Canada Food Inspection Agency that would exempt seed companies from disclosing genetically modified products to consumers. These kinds of collaborations happen regularly but typically go unseen thanks to Canada’s lax lobbying rules, said Duff Conacher, the co-founder of Democracy Watch.
From the States and Municipalities
Alaska – Groups Say Pro-Dunleavy Organization Is ‘Smoke and Mirrors’ After Commission Delays Decision on Campaign-Finance Complaint
Yahoo News – Iris Samuels (Anchorage Daily News) | Published: 10/18/2022
Two watchdog groups filed another complaint against the Republican Governors Association and an independent expenditure group supporting Alaska Gov. Mike Dunleavy’s re-election. The complaint was filed on the same day that the Alaska Public Offices Commission decided its staff would continue to investigate a previous complaint from the groups alleging Dunleavy’s campaign illegally relied on public funds to subsidize the campaign and coordinated with the independent expenditure group, A Stronger Alaska, ahead of the general election.
California – Councilmember Koretz Seemingly Engages in Illegal Lobbying Scheme with Former Employee
Knock LA – Jon Pelz | Published: 10/12/2022
In 2017, Shawn Bayliss, a former senior employee of Los Angeles City Councilperson Paul Koretz, lobbied Koretz for favors while seemingly prohibited from doing so by city ethics laws. Koretz potentially violated the City Charter when he aided and abetted Bayliss in these apparently illegal lobbying activities. Bayliss left Koretz’s office on May 12, 2017. On the same day, the Bel Air Association (BAA) announced Bayliss as its new executive director. He reached out to Koretz’s private email in June 2017 from his BAA email.
California – Gil Cedillo and Kevin de León Stripped of City Council Committee Posts Over Racist Leak
MSN – David Zahniser and Rachel Uranga (Los Angeles Times) | Published: 10/17/2022
Los Angeles City Council members Kevin de León and Gil Cedillo were removed from an array of committee assignments, the latest in a series of attempts to pressure them to resign following reports they participated in a secretly recorded conversation where racist and disparaging remarks were made. Cedillo and De León have not been persuaded by calls from numerous political leaders, including President Biden, to step down. The move comes at an extraordinarily turbulent time for the council, with one seat vacant and two others effectively dormant.
California – LA Council Members Call for Ethics Commission to Have Greater Independence
KFI – City News Service | Published: 10/19/2022
Half of the Los Angeles City Council signed onto a motion calling to make the city’s Ethics Commission more independent and streamline and expand its enforcement processes. The council members recommended a number of changes, which would have to be approved by voters because they would require changes to the city charter.
California – New Details Show Sprawling Web of Corruption in Southern California Cannabis Licensing
MSN – Adam Elmahrek, Ruben Vives, Robert Lopez, and Paige St. John (Los Angeles Times) | Published: 10/15/2022
As a California lawmaker called for a statewide task force to crack down on corruption in the legal cannabis market, new details are emerging in a bribery scandal that has ensnared local government officials in the Los Angeles area. Federal prosecutors unveiled two plea agreements that detail “pay-to-play” schemes involving cannabis business licensing and corroborate allegations in a recent Los Angeles Times investigation that examined how legalization of marijuana unleashed a wave of corruption across the state.
California – San Jose Mayor Cleared of Fundraising Complaint
San Jose Spotlight – Tran Nguyen | Published: 10/14/2022
A citizen-led city board dismissed a complaint accusing San Jose Mayor Sam Liccardo of breaking campaign finance rules through a PAC he formed. The complaint also claimed Liccardo failed to disclose hundreds of thousands of dollars in contributions as required and that donations exceeded local limits. The law firm Hanson Bridgett investigated the case and recommended the board dismiss the allegations.
California – Watchdog Investigating 2019 China Trip Made by Top Milpitas Mayor Candidate
MSN – Gabriel Greschler (Bay Area News Group) | Published: 10/16/2022
The California Fair Political Practices Commission opened an investigation against the top contender in the Milpitas mayoral race over a trip she took to China in 2019. The probe centers around a $3,600 gift that Vice Mayor Carmen Montano accepted during the trip and later reported to state authorities. The complaint alleges Montano violated travel policies and rules surrounding lobbying.
Florida – Top DeSantis Advisers Played Hands-On Role in Migrant Flights to Martha’s Vineyard
MSN – Jeffrey Schweers (Orlando Sentinel) | Published: 10/15/2022
Florida’s public safety czar Larry Keefe was in San Antonio nearly two weeks before Gov. Ron DeSantis transported migrants from Texas to Martha’s Vineyard, and he may have traveled back to Florida with the migrants, records suggest. Those records also show Keefe coordinating the flights with gubernatorial chief of staff James Uthmeier and politically connected contractor Vertol Systems in the weeks leading up to the operation, which is under criminal investigation. The records also confirm a second flight that apparently was headed to near President Joe Biden’s beach house was scrapped after Texas authorities opened a criminal investigation.
Hawaii – Ban On In-Session Campaign Donations Gets Thumbs Up from Hawaii Standards Commission
Honolulu Civil Beat – Blaze Lovell | Published: 10/19/2022
The Commission to Improve Standards of Conduct is recommending that Hawaii lawmakers stop accepting campaign money during the legislative session. A bill to do that along with nine other measures focused on reforming campaign finance laws will head to lawmakers for consideration during the 2023 session. The commission is scheduled to take up another slate of proposals that seeks to tighten ethics rules for lawmakers and lobbyists.
Illinois – A Powerful Pritzker Administration Insider Cashed in as a Consultant
Better Government Association – Chuck Neubauer and David Jackson | Published: 10/19/2022
Shortly after she left her state job as a senior adviser to Illinois Gov. J.B. Pritzker, political operative Nikki Budzinski collected more than $500,000 in consulting and other fees in 10 months, including more than $80,000 from a Springfield lobbyist that Budzinski helped while working for the governor. State workers are generally barred from accepting compensation as a lobbyist for one year after leaving government work. Since Budzinski was not a registered lobbyist, but rather worked as a consultant to the lobbyist paying her, the rule did not apply to her.
Illinois – Ahead of Key Illinois Supreme Court Elections, Federal Judge Blocks State Campaign Contribution Limits in Judicial Races
MSN – Dan Petrella (Chicago Tribune) | Published: 10/18/2022
A federal judge issued a temporary injunction barring Illinois from enforcing two recent changes to the state’s campaign finance law. One bars non-Illinois residents from donating to state judicial candidates. The second prevents individual donors from giving more than $500,000 to independent expenditure committees like super PACs involved in state judicial elections. While there is some legal precedent for tighter restrictions on campaign fundraising in judicial races, the lawsuit argues the two Illinois laws go beyond what courts have allowed in the name of preventing corruption.
Illinois – AT&T Illinois Fined for Effort to Illegally Influence Ex-Speaker Michael Madigan as New Charges Against Him Revealed
MSN – Jason Meisner and Ray Long (Chicago Tribune) | Published: 10/14/2022
AT&T Illinois agreed to pay a $23 million fine and its former president has been indicted on federal charges over a scheme to influence former Illinois House Speaker Michael Madigan, who was arrested on racketeering and bribery charges earlier this year. AT&T admitted it arranged to make payments to an associate of Madigan in exchange for help in pushing through legislation favorable to AT&T. Paul La Schiazza, the former president of AT&T Illinois, was accused of orchestrating and approving the payments. In exchange for cooperating with the probe, criminal charges will be dropped against the company after two years.
Louisiana – See Lafayette Mayor Josh Guillory’s 2021 Financial Disclosure for Louisiana Ethics Board
Yahoo News – Andrew Capps (Lafayette Daily Advertiser) | Published: 10/17/2022
Lafayette Mayor-President Josh Guillory’s most recent annual financial disclosure was supposed to shed light on his efforts to bolster his income while in office. But the report raises more questions about his side interests than it answers. Guillory’s equipment rental business made headlines shortly before his return from rehab in August, after which he denied any impropriety or conflicts-of-interest. Guillory has continued to work as an attorney since taking office. Dozens of Guillory’s former clients had their criminal charges removed from court records during his tenure.
Michigan – Michigan House Paying for Lawyers for Employees Interviewed in Chatfield Probe
Detroit News – Craig Mauger and Beth LeBlanc | Published: 10/19/2022
The Michigan House is providing legal representation for employees who are being interviewed as part of an expanding investigation into former House Speaker Lee Chatfield. Court records showed state officials were conducting a wide-reaching inquiry into sexual assault, and financial and drug use allegations related to Chatfield. Search warrant affidavits indicated investigators were looking into claims that Chatfield and others were involved in a “criminal enterprise,” which potentially included campaign finance violations, bribery, controlled substances, and embezzlement.
Michigan – Probe into Shirkey-Tied Nonprofits Continues; $2.33M Conciliation Agreement Declined
MLive – Jordyn Hermani | Published: 10/18/2022
Two nonprofits associated with a 2020 petition effort rejected a multi-million-dollar settlement with state elections officials, paving the way for a criminal investigation to progress. Michigan! My Michigan! and Michigan Citizens for Fiscal Responsibility were accused of improperly raising millions of dollars for Unlock Michigan for a ballot petition to limit the executive branch’s powers during health emergencies. Should the groups have settled through a conciliation agreement, paying the Michigan Bureau of Elections a cumulative $2.33 million, then any further civil or criminal action would have been barred.
New Jersey – New Jersey Sues 5 Oil Companies and Trade Group Over Climate Disinformation
State Impact Pennsylvania – Susan Phillips | Published: 10/18/2022
New Jersey filed a lawsuit against five oil companies and a trade organization, saying they knowingly deceived the public about their contributions to global warming. The lawsuit alleges the trade group, American Petroleum Institute, designed public relations campaigns aimed at convincing the public that climate change does not exist and creating confusion and doubt about the role of oil and gas.
New York – New York State Judge Sets Hearing to Decide New York Attorney General’s Motion in Trump Organization Case
MSN – Kara Scannell (CNN) | Published: 10/14/2022
A judge set a hearing date to decide whether to grant New York Attorney General Letitia James’ request to block the Trump Organization from engaging in certain business activities. The hearing will be the first since the state filed a $250 million lawsuit against former President Trump, his three eldest children, and the Trump Organization alleging they engaged in a decade-long fraud. The state says the same day it announced its lawsuit, the company incorporated a new entity in Delaware, Trump Organization II LLC. The state says it has not provided any assurances it will not move assets out of New York to avoid potential liability.
New York – Trump Gives Answers in Rape Accuser’s Defamation Suit Deposition
Bloomberg Law – Erik Larson | Published: 10/19/2022
Former President Trump answered questions under oath during a deposition sought by E. Jean Carroll, who alleges he raped her in a department store dressing room two decades ago and defamed her when he denied it. He had to go ahead with the deposition after a judge rejected Trump’s latest effort to put the questioning on hold. Trump recently issuing a statement about Carroll on social media, repeating the allegedly defamatory statements he made. The move could undermine his key defense in the case, that he cannot be sued for defamation because he was a sitting president at the time he denied Carroll’s claim in crude terms.
Ohio – Ohio Attorney General Dave Yost Asks Ohio Supreme Court to Keep Former Utility Regulator’s Assets Frozen
MSN – Jake Zuckerman | Published: 10/19/2022
Ohio Attorney General Dave Yost asked the state Supreme Court to press pause on a lower court’s decision unfreezing millions of dollars in assets of a former utility regulator accused of taking a $4.3 million bribe. Attorneys for Yost argued the lower court decision would allow Sam Randazzo to “liquidate” his assets and shield them from judgements the state may win in a civil lawsuit against him down the line. Denying the motion would be a “death knell” ruling in Ohio, Yost argued, setting a precedent that bad actors can move and hide their money while motions are pending.
Oregon – Official Looking ‘Oregon Voter Guide’ May Mislead Voters
Mail Tribune – Hillary Borrud (Portland Oregonian) | Published: 10/18/2022
Oregon voters seeking information about the November election are likely to see a website called “The 2022 Oregon Voter Guide” at the top of their online search results, ahead of the state’s official voters’ guide. Many voters might not realize the online information is not an official state voters’ guide. “The Oregon Voter Guide” is not nonpartisan or neutral. It is funded and designed by a group of Democratic allies, progressive groups, and Democratic PACs. Two years ago, public employee unions, Democrats, and other political allies partnered on a nearly identical official-looking website, as well as mailers.
Texas – In Texas, Where Money Has Long Dominated Politics, Greg Abbott Is in a League of His Own
Texas Tribune – Patrick Svitek, Carla Astudillo, Zach Despart, and Kate McGee | Published: 10/18/2022
Texas Gov. Greg Abbott is easily the most prolific campaign fundraiser in the state’s history. His campaign fund has allowed him to scare off potential opponents, intimidate those who challenge him, fund a sprawling grassroots organization, and generally reshape Texas politics in his image. Texas is one of 11 states without contribution limits, enabling Abbott to raise enormous sums from some of the nation’s richest families and individuals. At its worst, critics say, Abbott’s fundraising prowess can give the appearance of a patronage system.
Washington – Ferguson Seeks $24.6 Million from Facebook for Campaign Finance Violations
Yahoo News – Laurel Demkovich (Spokane Spokesman-Review) | Published: 10/15/2022
Washington Attorney General Bob Ferguson is seeking the maximum penalty of $24.6 million against Facebook’s parent company, Meta, for violations of the state’s campaign finance law. A judge ruled Meta had 822 intentional violations of the law, which requires campaign advertisers, including sites such as Meta that host ads, to make information about the state’s political ads available for public inspection in a timely manner. The penalty is $10,000 per violation, but because a judge found Meta intentionally violated the law, the penalty can be tripled.
October 14, 2022 •
News You Can Use Digest – October 14, 2022
![News You Can Use Digest – October 14, 2022](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal A Congressional Campaign Committee Just Reimbursed a Dead Lawmaker for Travel Mileage Yahoo Finance – Madison Hall (Business Insider) | Published: 10/12/2022 The campaign committee of a deceased member of Congress reimbursed him for travel mileage months after he died. […]
National/Federal
A Congressional Campaign Committee Just Reimbursed a Dead Lawmaker for Travel Mileage
Yahoo Finance – Madison Hall (Business Insider) | Published: 10/12/2022
The campaign committee of a deceased member of Congress reimbursed him for travel mileage months after he died. The Friends of Hagedorn campaign committee refunded Rep. Jim Hagedorn more than $1,100 for “mileage” on September 20. Hagedorn, however, died in February. FEC guidance notes congressional campaign funds can be used to refund travel costs incurred by a lawmaker, as well as their spouse and children, as long as it is “directly connected to the officeholder’s official responsibilities.
A Majority of GOP Nominees – 299 in All – Deny the 2020 Election Results
MSN – Amy Gardner (Washington Post) | Published: 10/6/2022
A majority of Republican nominees on the ballot this November for the U.S. House and Senate, and key statewide offices have denied or questioned the outcome of the last presidential election, according to a Washington Post analysis. Candidates who have challenged or refused to accept Joe Biden’s victory are running in every region of the country and in nearly every state. Republican voters in four states nominated election deniers in all federal and statewide races. Most of the election deniers are likely to win. Of the nearly 300 on the ballot, 174 are running for safely GOP seats; another 51 will appear on the ballot in tightly contested races.
First Proud Boys Leader Pleads Guilty to Jan. 6 Seditious Conspiracy
MSN – Spencer Hsu (Washington Post) | Published: 10/6/2022
A former Proud Boys leader became the group’s first member to plead guilty to seditious conspiracy in the Capitol riot, deepening the government’s case against an organization accused of mobilizing violence to prevent the inauguration of Joe Biden. Jeremy Bertino becomes a potential key witness against five Proud Boys leaders, some of whom had ties to influential supporters of Donald Trump. The Proud Boys defendants are set to face trial in December on charges including plotting to oppose by force the presidential transition.
Government Officials Invest in Companies Their Agencies Oversee
Fox Business – Rebecca Ballhaus, Brody Mullins, Chad Day, Joe Palazzolo, and James Grimaldi (Wall Street Journal) | Published: 10/11/2022
Thousands of officials across the government’s executive branch reported owning or trading stocks that stood to rise or fall with decisions their agencies made, a Wall Street Journal investigation found. More than 2,600 officials at agencies from the Commerce Department to the Treasury Department, during both Republican and Democratic administrations, disclosed stock investments in companies while those same firm were lobbying their agencies for favorable policies. That amounts to more than one in five senior federal employees across 50 federal agencies reviewed by The Journal.
How Trump’s Legal Expenses Consumed GOP Donor Money
MSN – Isaac Arnsdorf and Josh Dawsey (Washington Post) | Published: 10/11/2022
Donald Trump’s political operation has spent more money since he left office on lawyers representing the former president and a pair of nonprofits staffed by former Cabinet members than it has on Republican congressional campaigns. Legal fees are expected to climb, Trump advisers say, as he employs a growing retinue of lawyers to fend off federal, state, and county-level investigations. State-level Republicans have also used party resources to defray legal costs related to Trump’s attempts to stay in power.
Judge Dismisses DOJ Bid to Force Wynn to Register as Foreign Agent
Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 10/12/2022
A federal judge dismissed a Department of Justice (DOJ) effort to force casino magnate Steve Wynn to acknowledge a stint as an agent of the Chinese government. U.S. District Court Judge James Boasberg expressed reservations about his own ruling but suggested that long-standing appeals court precedent bars the DOJ from requiring foreign agents to retroactively register once they are no longer performing that work. If the ruling stands, it could deal a blow to the effort to crack down on undisclosed foreign influence campaigns in the U.S.
Justice Dept. Asks Supreme Court to Deny Trump Request in Mar-a-Lago Case
MSN – Perry Stein and Robert Barnes (Washington Post) | Published: 10/11/2022
The Justice Department asked the U.S. Supreme Court to deny a petition from Donald Trump’s attorneys in the Mar-a-Lago search case, arguing that allowing an outside arbiter to review the classified documents seized from Trump’s residence would “irreparably injure” the government and as a former president, Trump has no “plausible” claims of ownership over sensitive government materials. It is the latest turn in the department’s high-stakes investigation to determine whether the former president or his advisers mishandled national security secrets or hid or destroyed government records.
Leonard Leo Pushed the Courts Right. Now He’s Aiming at American Society.
Seattle Times – Kenneth Vogel (New York Times) | Published: 10/12/2022
Activist Leonard Leo is best known for his role in pushing the appointments of conservative judges to the center of the Republican Party’s agenda. Now, he has developed a coalition that aims to transform American society. Most of the initiatives were supported by a network shaped by Leo and funded by wealthy patrons, usually through “dark money.” An investigation reveals new details of how he has built that network into one of the most sophisticated operations in U.S. politics, giving him influence as he pushes a broad array of conservative causes and seeks to counter what he sees as an increasing leftward tilt in society.
Misinformation Swirls in Non-English Languages Ahead of Midterms
Yahoo News – Tiffany Hsu (New York Times) | Published: 10/12/2022
Unsubstantiated rumors and outright falsehoods spread widely in immigrant communities ahead of the presidential election in 2020. That is happening again in the run-up to this year’s midterm elections, researchers say, but with an insidious twist. The social media accounts pushing misinformation are now targeting audiences in more languages on more topics and across more digital platforms. Multilingual fact checkers say they cannot keep pace with the deluge of falsehoods online. They have called on the big social media platforms, like Facebook and YouTube, to do more for efforts in other languages as they would for misinformation in English.
She Went Out on a Limb for Trump. Now She’s Under Justice Dept. Scrutiny.
Seattle Times – Glenn Thrush, Maggie Haberman, and Michael Schmidt (New York Times) | Published: 10/11/2022
This spring, one of the lawyers representing former President Trump made a request to Christina Bobb, who had just jumped from a Trump-allied cable network to a job in his political organization. M. Evan Corcoran asked Bobb to sign a statement that the Trump legal team had conducted a “diligent search” of Mar-a-Lago and found only a few files that had not been returned to the government. She later complained she did not have a full grasp of what was going on around her when she signed. Her sworn statement was shown to be false. Bobb’s trajectory is a familiar one in Trump’s orbit: a marginal player thrust into a position where her profile is elevated, but at the cost of serious legal and reputational risk.
Steele Dossier Source Heads to Trial, in Possible Last Stand for Durham
MSN – Salvadore Rizzo and Devlin Barrett (Washington Post) | Published: 10/10/2022
Former President Trump said special counsel John Durham’s investigation into the origins of the FBI’s 2016 Russia probe should “reveal corruption at a level never seen before in our country.” But the nearly three-and-a-half-year examination seems destined for a less dramatic conclusion as Durham put Igor Danchenko on trial. He was indicted on charges of lying to FBI agents who interviewed him about the sources behind his claims to former British spy Christopher Steele. Defense attorneys argue Danchenko made a series of “equivocal” statements to the FBI and should not be penalized for giving wishy-washy answers to vaguely worded questions.
Top House Staffers Are Still Overwhelmingly White, Study Finds
Roll Call – Jim Saska | Published: 10/6/2022
The senior aides who hold the most sway with members of Congress have grown more diverse in recent years, but still not nearly as diverse as the nation. A new study by the Joint Center for Political and Economic Studies finds people of color now occupy 18 percent of the top staff positions in the House, a four-point increase since 2018, but still much lower than the 40 percent of Americans who are not white. People of color have more representation among the actual representatives than their closest aides, the report finds.
Trump Worker Told FBI About Moving Mar-a-Lago Boxes on Ex-President’s Orders
MSN – Devlin Barrett and Josh Dawsey (Washington Post) | Published: 10/12/2022
A Trump employee told federal agents about moving boxes of documents at Mar-a-Lago at the specific direction of the former president, according to people familiar with the investigation, who say the witness account, combined with security-camera footage, offers key evidence of Donald Trump’s behavior as investigators sought the return of classified material. The witness description and footage offer the most direct account to date of Trump’s actions and instructions leading up to the FBI’s search, in which agents were looking for evidence of potential crimes including obstruction, destruction of government records, or mishandling classified information.
Why Little-Noticed State Legislative Races Could Be Hugely Consequential
Yahoo News – Nick Corasaniti (New York Times) | Published: 10/10/2022
With Congress often deadlocked and conservatives dominating the U.S. Supreme Court, state governments increasingly steer the direction of voting laws, abortion access, education, and other issues dominating the lives of Americans. The Supreme Court could soon add federal elections to that list. The justices are expected to decide whether to grant nearly unfettered authority over such elections to state Legislatures. If the court does so, many Democrats believe, lawmakers could have a pathway to overrule the popular vote in presidential elections by refusing to certify the results and instead sending their own slates of electors.
From the States and Municipalities
Alaska – APOC Says Dunleavy Backers Won’t Respond to Investigation Without Subpoena
Alaska Public Media – Lisa Phu (Alaska Beacon) | Published: 10/11/2022
In an investigation into alleged violations of campaign finance laws, an independent expenditure group supporting Alaska Gov. Mike Dunleavy’s reelection has refused to respond to requests for information. A complaint says the Republican Governors Association and Dunleavy are “engaged in a scheme” to subsidize and coordinate the campaign activities of the independent expenditure group A Stronger Alaska with those of Dunleavy’s official campaign committee. Coordination between a candidate or a candidate’s representatives and an independent expenditure group is prohibited.
California – Grand Jury Accuses Santa Clara City Council Members of Putting 49ers Ahead of City
MSN – Marisa Kendall (San Jose Mercury News) | Published: 10/7/2022
A grand jury report accuses several Santa Clara City Council members of getting too cozy with the San Francisco 49ers, neglecting their duties to constituents, and potentially violating state law. The report raises a series of concerns about the conduct of five council members who frequently vote in favor of the NFL team’s interests. Frequent closed-door meetings between 49ers lobbyists and those council members raised a “serious question” about whether they are violating state open-meeting laws, according to the report. The report also takes issue with some of the council members’ personal use of the stadium, among other issues.
California – Jose Huizar’s Brother to Testify in Federal Corruption Trial of Former L.A. Councilman After Pleading Guilty
Yahoo News – Nathan Solis (Los Angeles Times) | Published: 10/12/2022
The older brother of Jose Huizar admitted to lying to FBI agents about receiving envelopes of cash from Huizar and will cooperate with the federal government’s corruption investigation of the former Los Angeles City Council member. Jose Huizar gave his older brother, Salvador, envelopes of cash and asked him to write a check for the exact amount out of his own bank account, federal investigators said. Salvador Huizar admitting to repeatedly lying about the cash, including while under oath before a grand jury and as recently as two weeks ago when he was interviewed again by FBI agents.
California – Nury Martinez Resigns from L.A. City Council in Wake of Audio Leak Scandal
Yahoo News – David Zahniser, Julia Wick, Dakota Smith, and Benjamin Oreskes (Los Angeles Times) | Published: 10/12/2022
Nury Martinez, the Los Angeles City Council member at the center of the scandal over a taped conversation in which she made racist comments about colleagues and constituents, has resigned. The Los Angeles Times published a recording in which Martinez is heard making the remarks while talking with fellow council members Kevin de León and Gil Cedillo and labor leader Ron Herrera about how the city’s council district boundaries should be redrawn. The October 2021 conversation focused on how the group could maintain Latino political power while ensuring they and their colleagues would have districts that help them win reelection.
California – San Francisco Election Watchdog Boss Set to Resign
San Francisco Standard – Alex Mullany | Published: 10/12/2022
LeeAnn Pelham, executive director of the San Francisco Ethics Commission since January 2016, will resign on January 23, 2023. Over the years, the commission has been slow to handle complaints and been criticized for using the city attorney’s office as counsel rather than having its own independent attorneys. Yet, Pelham was able to hire more staff and modernize many of the commission’s systems. “I would say that LeeAnn Pelham substantially increased the reach of the commission in terms of accomplishing its mission,” commission member Larry Bush said.
Colorado – Adams County Must Pay Legal Fees of the Treasurer It Sued, Colorado Supreme Court Orders
MSN – John Aguilar (Denver Post) | Published: 10/10/2022
The Colorado Supreme Court ordered Adams County to pay the legal expenses of its elected treasurer, who it sued over allegations she mismanaged her office. The state’s high court called Adams County’s failure to cover Lisa Culpepper’s costs of defending herself against the county’s lawsuit an “abuse of discretion.” Culpepper would normally be represented by the county attorney’s office in legal matters. But because that same office was representing the county commissioners suing her meant Culpepper had to obtain outside counsel.
Colorado – Political Group Agrees to Pay Fine Over Primary Voter Guide That Failed to Disclose Information
Colorado Springs Gazette – Marianne Goodland (Colorado Politics) | Published: 10/11/2022
ProgressNow Colorado agreed to pay a fine of $16,277 for a primary “voter guide” that failed to fully disclose required information. It was the third complaint over ProgressNow’s voter guides in the past 18 months and the second that the organization has settled with the Elections Division. The first complaint, in 2021, resulted in a $3,000 fine.
Florida – DeSantis Broke Florida Precedent and Maybe the Law, Too, in Making Congressional Map
Yahoo News – Joshua Kaplan (ProPublica) | Published: 10/11/2022
An examination of how Florida’s congressional districts were drawn, and who helped decide the new boundaries, show Gov. Ron DeSantis’s administration appears to have misled the public and the Legislature and may also have violated state law. Gubernatorial aides worked behind the scenes with an attorney who serves as the national Republican Party’s top redistricting lawyer and other consultants tied to the national party apparatus. The Florida Constitution was amended in 2010 to prohibit partisan-driven redistricting, a landmark effort in the growing movement to end gerrymandering.
Florida – Ethics Panel Finds ‘Probable Cause’ That Miami Commissioner Abused Power with City Car
MSN – Joey Fletchas (Miami Herald) | Published: 10/12/2022
The Miami-Dade County Commission on Ethics and Public Trust agreed to charge Miami City Commissioner Alex Díaz de la Portilla with violating county ethics law and exploiting his official position after a friend who did not work for the city used a city car to pick up alcohol for the commissioner, drop off his dry cleaning, and drive him to a property his family owns. The friend, Jenny Nillo, worked for the Omni Community Redevelopment Agency, and should not have had access to the car, according to city policy.
Georgia – Common Cause Georgia Sues FEC Over Dismissed Complaint That Conservative Nonprofit Broke Finance Rules
Georgia Recorder – Stanley Dunlap | Published: 10/11/2022
Common Cause Georgia is suing the FEC for dismissing a complaint alleging conservative election-monitoring organization True the Vote illegally contributed to the Georgia Republican Party during the January 2021 runoffs for two U.S. Senate seats. The lawsuit accuses three Republican commissioners of failing to enforce federal campaign finance law when they went against the agency’s general counsel’s recommendation to open an investigation into the relationship between the Texas-based nonprofit and the Georgia GOP.
Georgia – GOP Crisis in Herschel Walker Race Was Nearly Two Years in the Making
MSN – Isaac Arnsdorf, Ashley Parker, Michael Scherer, and Josh Dawsey (Washington Post) | Published: 10/6/2022
In early 2021, as football star Herschel Walker considered running for the U.S. Senate, he approached some of Georgia’s top Republican operatives about advising his campaign. The operatives were warned about political vulnerabilities in Walker’s past that were openly discussed in the state’s political circles. Walker’s overwhelming name recognition and backing from former President Trump made him so formidable that state and national Republican leaders did not mount a serious challenge in the primary. Now, they are stuck with him as those liabilities threaten to dominate the news and derail his campaign.
Illinois – City Council Debate Over Private Booting Shines Light on Ways Clout and Campaign Cash Work in Chicago
WTTW – Heather Cherone | Published: 10/10/2022
Faced with a surge of criticism at City Hall, Innovative Parking Solutions owner Michael Denigris did what Chicago business owners have done for decades – he hired an influential lobbyist and poured tens of thousands of dollars into lawmakers’ campaign accounts. But it is not clear whether that expensive and time-consuming effort, which illuminates how wealthy interests get their issues in front of the city council, will pay off for Denigris and his firm.
Iowa – Iowa Board Requires ‘Paid for By’ Statements on Some Political Texts
Bleeding Heartland – Laura Bellin | Published: 9/28/2022
The Iowa Ethics and Campaign Disclosure Board said some political text messages are subject to the state law requiring disclosure of who is responsible for express campaign advocacy. Board Executive Director Zach Goodrich drafted the advisory to clarify when text messages can be considered “electronic general public political advertising.” He decided to address the issue after a mass texting campaign from an undisclosed source reached Kansas voters shortly before a constitutional referendum in August.
Maryland – Allegations Against Vice Chair Deepen Montgomery Planning Board Controversy
MSN – Daniel Wu (Washington Post) | Published: 10/11/2022
An investigation into Montgomery County Planning Board Chairperson Casey Anderson’s conduct has expanded to include the actions of Vice Chair Partap Verma and the abrupt firing of Planning Department Director Gwen Wright. A complaint sent to the county council levied new accusations against Verma, who already had been publicly reprimanded alongside Casey and fellow board member Carol Rubin, deepening concerns about the planning agency’s governance and rattling employees as a council vote looms on a long-term growth plan.
Missouri – St. Louis County Ethics Committee Stonewalled on Marijuana Questions
St. Louis Post-Dispatch – Joe Holleman | Published: 10/10/2022
The majority of the main players involved in a conflict-of-interest probe of St. Louis County Councilperson Lisa Clancy continue to give the silent treatment to the council’s ethics committee. Of five people involved in 2019 with Clancy and the county’s zoning laws for medical marijuana industry, all of whom refused to attend a committee meeting on September 6, only one has responded to written questions the committee sent out recently. The committee asked for a response by October 5.
Montana – GOP House Candidate Paid Vendors with Bad Checks and Misreported Debts
Montana Free Press – Arren Kimbel-Sannit | Published: 10/7/2022
Montana Commissioner of Political Practices Jeff Mangan found a state House candidate tried to pay vendors with bad checks and misreported accrued debts as expenditures, referring the matter to the Lewis and Clark County attorney for possible prosecution. Alden Tonkay misreported a minimum of $2,264 in debts, Mangan found. Those debts stemmed from non-payment to sign-making and catering companies. Tonkay repeatedly said he would send a response to the complaint as well as a full accounting of his campaign finances, but never delivered, according to Mangan’s decision.
Montana – How Montana’s New Election Laws Failed Legal Muster
Montana Free Press – Alex Sakariassen | Published: 10/6/2022
Three new laws that changed how Montanans can vote and access the polls were declared unconstitutional. People will once again be able to register to vote on Election Day, use student IDs and voter registration cards as primary identification at the polls, and accept payment for collecting ballots on behalf of voters unable to return them themselves. A spokesperson was noncommittal on whether Secretary of State Christi Jacobsen would appeal the decision to the Montana Supreme Court.
Nevada – How a Las Vegas Newsroom Set Out to Solve a Colleague’s Killing
MSN – Sarah Ellison (Washington Post) | Published: 10/6/2022
Executive Editor Glenn Cook sent an email to staff members at The Las Vegas Journal-Review on September 3, informing them that their colleague, Jeff German, had been found dead outside his home. Over four days of relentless reporting, Review-Journal staff would essentially solve the case, delving into German’s old stories and doing their own on-the-ground detective work to identify a surprising suspect, who is now behind bars, facing murder charges.
New Hampshire – In Time of Distrust, How One State Is Trying to Boost Voter Confidence
MSN – Joanna Slater (Washington Post) | Published: 10/10/2022
Since May, the New Hampshire Special Committee on Voter Confidence has traveled the length of the state holding public hearings that are part civics roadshow, part airing of grievances. They have come together for an unusual experiment aimed at bolstering faith in American democracy. The committee’s stated goal is to identify the causes of the decline in voter confidence and recommend ways to reverse it. Left unstated is the unprecedented nature of the current moment, where former President Trump and Republican candidates continue to deny the outcome of the 2020 election.
New Mexico – Vote to Amend Legislature’s Internal Investigative Procedure Fails
Santa Fe New Mexican – Robert Knott | Published: 10/11/2022
A body of lawmakers charged with administering legislative policies and procedures in the New Mexico Legislature deadlocked on a proposal to add a fifth and tiebreaking member to a pair of interim ethics committees, in effect killing the proposal and leaving the Legislature’s embattled internal investigation process unchanged. Calls for reform to the harassment policies and investigation of complaints have grown louder in the wake of accusations by lobbyist Marianna Anaya and others against Sen. Daniel Ivey-Soto.
New York – Hochul Raises Massive Sum in Final State Election Before New Campaign Finance System Kick In
Gothamist – Ethan Geringer-Sameth | Published: 10/12/2022
Since Kathy Hochul became governor of New York in August 2021, 47 people have given the maximum amount, $69,700, directly to her campaign. In total, Hochul’s campaign has brought in $46 million in her first 14 months in office. That massive sum will not be as easy to accumulate in future elections thanks to a new state campaign finance system that will lower individual contribution limits and establish a small-dollar public matching program for state-level offices. The new system goes into effect immediately after Election Day this year for the next election cycles and will apply to statewide offices.
New York – New State Ethics Watchdog Agrees to Chew on Old Cases
Albany Times Union – Chris Bragg | Published: 10/6/2022
New York’s ethics and lobbying commission is rolling over all pending investigations inherited from its predecessor, a move that increases the odds those inquiries will reach conclusions. As of September 23, the new ethics body had 32 “open investigations” in motion, including that of former Gov. Andrew Cuomo, had been scheduled to face a hearing over whether he violated the law by using state employees to assist in the production of his lucrative memoir of the Covid-19 pandemic.
New York – New York Lobbyists Hold Sway in Spite of Shake-Ups, Scandals
Poli-Ticks – Rebekah Ward (Albany Times Union) | Published: 10/7/2022
Lobbyists in New York often are key in passing or defeating legislation. Many are veteran lawmakers themselves or had prior jobs, including as agency leaders or legal counsel for top elected officials, that provide them connections and insight into the government’s inner workings, which enable them to shape political outcomes for their clients. They are a constant presence in Albany, customizing pitches to assuage the differing concerns of key officials, strategically framing stories to steer media attention, and using the hectic legislative calendar to their advantage.
Ohio – Ohio Is About to Hold Elections for Unconstitutional Congressional and Legislative Districts. Here’s How It Happened
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 10/9/2022
Ohio’s congressional and state legislative districts have twice been ruled unconstitutional by the state Supreme Court, but one of those maps will be in place for the November elections. It is the result of a previously untested state redistricting process, a months-long fight between Republican leaders and the Ohio Supreme Court, and a federal court finally intervening and picking one of the redistricting plans to use just for the 2022 election. So, despite voters approving two state constitutional amendments to end gerrymandering, the congressional and legislative lines have again been drawn in a way that gives Republicans a clear advantage.
Ohio – Steve Dackin, One-Time Ohio Schools Superintendent, Signs Settlement Agreement for Ethics Violations, Avoids Criminal Prosecution
MSN – Laura Hancock (Cleveland Plain Dealer) | Published: 10/7/2022
Steve Dackin, who spent 11 days as the state superintendent of public instruction before resigning amid an ethics investigation, signed a settlement with the Ohio Ethics Commission. The commission will not refer its investigation to any public prosecutor. Dackin will be required to attend three hours of ethics training and agreed to not apply for the state superintendent job again until February 26, 2023. Dackin had access to the applications for the job as the committee conducted its search. Days before the application period ended, Dackin resigned from the Ohio State Board of Education and submitted his own application for the job.
Tennessee – Kelsey Co-Defendant Smith to Plead Guilty in Federal Campaign Finance Case
Tennessee Lookout – Sam Stockard | Published: 10/11/2022
The co-defendant in a federal campaign finance case against Tennessee Sen. Brian Kelsey is set to plead guilty to one charge of funneling “soft money” to the senator’s congressional campaign six years ago. Federal prosecutors claim Kelsey and Josh Smith, the owner of The Standard Club in Nashville, conspired with others to illegally shift a total of more than $80,000 from his state account to buy ads that supported his federal race. Prosecutors say Kelsey gave Smith a check for more than $106,000 in July 2016 during a gathering at The Standard to be transferred from his campaign account to the restaurant’s PAC.
Washington – Judge: Facebook intentionally violated WA campaign finance law 822 times
Seattle Times – David Gutman | Published: 10/6/2022
A judge ruled Facebook’s parent company Meta intentionally violated Washington’s campaign finance law 822 times, which may subject the company to millions of dollars in fines. The law requires advertisers to make information about political ads run in Washington that appear on their platforms available for public inspection. The judge said the violations were intentional because of the company’s history of failure to comply with the law, its extensive experience with campaign finance law, and its “lack of good faith and failure to acknowledge and take responsibility for its violations.”
October 7, 2022 •
News You Can Use Digest – October 7, 2022
![News You Can Use Digest – October 7, 2022](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal DataVault Requests US Election Agency’s Advice to Send NFTs as a Campaign Fundraising Incentive Cointelegraph – Turner Wright | Published: 10/4/2022 The legal team behind nonfungible token (NFT) firm DataVault Holdings requested an advisory opinion from the FEC on using […]
National/Federal
DataVault Requests US Election Agency’s Advice to Send NFTs as a Campaign Fundraising Incentive
Cointelegraph – Turner Wright | Published: 10/4/2022
The legal team behind nonfungible token (NFT) firm DataVault Holdings requested an advisory opinion from the FEC on using NFTs for campaign fundraising efforts. DataVault’s lawyers proposed sending NFTs as “souvenirs” to individuals who donated to political committees, as well as giving the token holder the option to use it for promoting a campaign “strictly on a volunteer basis and without any compensation.” The firm requested the FEC provide guidance on how it may operate as a commercial vendor, issuing the tokens to political committee members seemingly without violating federal campaign finance laws.
Election Officials Confront a New Problem: Whether they can trust their own poll workers
Yahoo News – Zach Montellaro (Politico) | Published: 10/4/2022
Election officials are growing concerned about a new danger in November: that groups looking to undermine election results will try to install their supporters as poll workers. The frontline election workers do everything from checking people in at voting locations to helping process mail ballots. Now, some prominent incidents involving poll workers have worried election officials that a bigger wave of trouble could be on the horizon.
In Trump White House, Classified Records Routinely Mishandled, Aides Say
MSN – Shane Harris, Josh Dawsey, Ellen Nakashima, and Jacqueline Alemany (Washington Post) | Published: 10/4/2022
Aides who worked in Donald Trump’s White House were not surprised when the FBI found highly classified material in boxes at Mar-a-Lago mixed with news clippings and other items. During his four years in office, Trump never strictly followed the rules and customs for handling sensitive government documents, according to 14 officials from his administration. What those ex-Trump aides and advisers saw in an inventory of items recovered by the FBI in August – classified documents in boxes, stored alongside newspaper and magazine articles, books, and gifts – looked to them like the idiosyncratic filing system Trump used in the White House.
Justices Shield Spouses’ Work from Potential Conflict of Interest Disclosures
Yahoo News – Hailey Fuchs, Josh Gerstein, and Peter Canellos (Politico) | Published: 9/29/2022
Over the past year, Virginia Thomas has gotten attention for operating a consulting business that reportedly includes conservative activist groups with interest in U.S. Supreme Court decisions as clients. Her husband, Justice Clarence Thomas, has chosen not to reveal any of his wife’s clients, let alone how much they contributed to the Thomas family coffers, dating back to when her consulting business was founded. A Politico investigation shows potential conflicts involving justices’ spouses extend beyond the Thomas family.
Lawmakers Confront a Rise in Threats and Intimidation, and Fear Worse
MSN – Stephanie Lai, Luke Broadwater, and Carl Hulse (New York Times) | Published: 10/1/2022
Members of Congress in both parties are experiencing a surge in threats and confrontations as a rise in violent political speech has increasingly crossed over into the realm of in-person intimidation and physical altercation. In the months since the attack on the U.S. Capitol, which brought lawmakers and the vice president within feet of rioters threatening their lives, Republicans and Democrats have faced stalking, armed visits to their homes, vandalism, and assaults. It is part of a trend that many fear is only intensifying as lawmakers scatter to campaign and meet with voters around the country ahead of midterm congressional elections.
Politics Are Becoming Tougher to Avoid at Work, Survey Finds
MSN – Taylor Telford (Washington Post) | Published: 10/5/2022
Escalating political tensions in the workplace are creating problems for organizations as midterm elections draw nearer, a new survey found. About 26 percent said they have personally experienced differential treatment (positive and negative) because of their political views or affiliation, according to the Society for Human Resource Management (SHRM). Corporations are under pressure from employees and consumers to weigh in on political issues. But the rise of politics in the workplace has consequences for polarization across the country, said Johnny C. Taylor Jr., SHRM’s chief executive.
Pro-DeSantis Hybrid PAC to File Lawsuit Challenging Unfavorable FEC Ruling
OpenSecrets – Taylor Giorno | Published: 10/3/2022
The political committee Ready for Ron asked the FEC for permission to share a list of supporters and their contact information with Florida Gov. Ron DeSantis to encourage him to run for president in 2024. The FEC ruled that Ready for Ron cannot share the list if DeSantis becomes a federal candidate or begins “testing the waters” for federal office, as the value would exceed the federal campaign contribution limit. The commission deadlocked on whether Ready for Ron could share the list if DeSantis is not testing the waters or running for federal office. The PAC plans to fille a lawsuit challenging the FEC’s decision.
Supreme Court to Scrutinize U.S. Protections for Social Media
MSN – Andrew Chung (Reuters) | Published: 10/3/2022
The U.S. Supreme Court will hear a challenge to federal protections for internet and social media companies freeing them of responsibility for content posted by users. The Ninth U.S. Circuit Court of Appeals dismissed the lawsuit, relying on as Section 230 of the Communications Decency Act of 1996. It protects “interactive computer services” by ensuring they cannot be treated as the “publisher or speaker” of any information provided by other users. Democrats have faulted it for giving social media companies a pass for spreading hate speech and misinformation. Republicans painted it as a tool for censorship of voices on the right.
The Onion Files Supreme Court Amicus Brief Defending the Right to Parody
MSN – Rachel Pannett (Washington Post) | Published: 10/4/2022
A man who was arrested over a Facebook parody aimed at his local police department is trying to take his case to the U.S. Supreme Court. The satirical website The Onion filed an amicus brief in support of Anthony Novak. A jury found him not guilty, and he is trying to sue the city for damages. A federal judge dismissed the lawsuit, saying the police had qualified immunity, and an appeals court upheld that decision. “Americans can be put in jail for poking fun at the government?” the brief asked. “This was a surprise to America’s Finest News Source and an uncomfortable learning experience for its editorial team.”
Trump Asks Supreme Court to Intervene in Mar-a-Lago Search Case
MSN – Devlin Barrett and Robert Barnes (Washington Post) | Published: 10/4/2022
Former President Trump’s lawyers asked the Supreme Court to intervene in the Mar-a-Lago documents-seizure case, saying the special master appointed in the matter should be allowed to review the classified papers. A three-judge panel of the U.S. Court of Appeals for the 11th Circuit granted the Justice Department’s request to keep about 100 classified documents separate from a review of documents being conducted by a court-appointed legal expert, called a special master. The department has launched a probe to determine if Trump or his advisers mishandled national security secrets or hid or destroyed government records.
U.S.: Oath Keepers, Rhodes attacked ‘bedrock of democracy’ on Jan. 6
MSN – Spencer Hsu, Rachel Weiner, and Tom Jackman (Washington Post) | Published: 10/3/2022
Members of the extremist group Oath Keepers led by Stewart Rhodes planned for an armed rebellion “to shatter a bedrock of American democracy” – the peaceful transfer of presidential power – culminating in their role in the attack on the U.S. Capitol, a prosecutor said in the first seditious conspiracy trial of the January 6 investigation. Rhodes’ defense attorney Philip Linder said Oath Keepers came to Washington as “peacekeeping” security guards, believing then-President Trump could invoke the Insurrection Act to mobilize private militias, put down riots, and remain in power.
From the States and Municipalities
Alabama – Supreme Court Debates Alabama’s Refusal of Second Black Voting District
MSN – Robert Barnes (Washington Post) | Published: 10/4/2022
The U.S. Supreme Court’s liberal justices combined for an aggressive and unified defense against Alabama’s efforts to limit creation of voting districts in which minorities have the ability to elect candidates of their choice. The case is another major test of the Voting Rights Act, which the court’s conservative majority has diluted in recent years. At the end of oral arguments, it appeared a majority of the court might not embrace Alabama’s request for a broad reinterpretation of how the law is enforced, and that a narrower compromise was a possibility.
Arkansas – Missouri Health Executives Plead Guilty in Widespread Fraud
Stamford Advocate – Associated Press | Published: 9/29/2022
Two former executives of a Missouri health nonprofit pleaded guilty to their roles in a corruption scheme that ensnared several Arkansas elected officials and lobbyists, federal prosecutors said. Bontiea Goss and her husband, Tommy Goss, were executives at Preferred Family Healthcare, which provided services such as substance abuse treatments and counseling to people in Missouri, Arkansas, Kansas, Oklahoma, and Illinois. Federal prosecutors said the Gosses and other co-conspirators paid bribes and kickbacks to Arkansas lawmakers to obtain favorable legislation and other official actions that helped the nonprofit.
California – A Cannabis Bribe and Arson: Former Adelanto councilman sentenced to federal prison
MSN – Gregory Yee (Los Angeles Times) | Published: 10/3/2022
Former Adelanto City Councilperson Jermaine Wright was convicted of taking a $10,000 bribe to help open a cannabis business and hiring someone to burn down his restaurant for an insurance payout. He was sentenced to five years in federal prison. Wright told an informant the money had to go to a nonprofit set up to conceal their scheme and he would put the informant on the nonprofit’s board so they could receive the money as well, a pre-sentencing report said.
California – New State Law Could Curb Pay to Play Politics in Orange County & California
Voice of OC – Spencer Custodio | Published: 10/3/2022
Gov. Gavin Newsom signed legislation that bars local elected officials voting on items benefitting contributors who donated more than $250 within the past 12 months. Elected officials could return the campaign donations within 14 days of finding out about the contribution, which would allow them to vote on the item. In Orange County, an FBI corruption investigation into Anaheim City Hall that touches on Disneyland resort area interests has put a renewed focus on campaign finance, spurring calls of campaign finance reform.
Florida – The Story Behind DeSanti’s Migrant Flights to Martha’s Vineyard
Yahoo News – Edgar Sandoval, Miriam Jordan, Patricia Mazzei, and J. David Goodman (New York Times) | Published: 10/2/2022
Gov. Ron DeSantis signed a budget that set aside $12 million to create a program for transporting unauthorized migrants out of Florida. He touted it as the highlight of the state’s new spending when it came to immigration. But just three months later, the money was being used to round up Venezuelan asylum seekers on the streets of San Antonio and shipping them on private planes to Massachusetts. Details have begun to emerge of the clandestine mission. In the middle of it all was a woman with a background in military counterintelligence who investigators believe was sent to Texas from Tampa to fill the planes.
Georgia – Federal Judge Upholds Georgia Election Law in Challenge Brought by Abrams
MSN – Matthew Brown (Washington Post) | Published: 10/1/2022
A federal judge upheld Georgia’s election laws in a blow to Fair Fight Action, the voting rights group founded by Stacey Abrams, who also is the state’s Democratic gubernatorial nominee. Abrams’ group filed a lawsuit against the Georgia’s secretary of state soon after her 2018 election defeat, arguing the state’s absentee ballot policies, which require an “exact match” for names and addresses between voters’ IDs and voter registration records, represented “gross mismanagement” of the state’s election systems that violated Georgia voters’ constitutional rights.
Georgia – Georgia DA: GOP bankrolling lawyers for ‘fake’ Trump electors ‘rife with serious ethical problems’
Yahoo News – Michael Isikoff and Daniel Klaidman | Published: 10/4/2022
The Georgia Republican Party is bankrolling the legal defense of most of the so-called fake electors in the state as part of a controversial arrangement that Fulton County District Attorney Fani Willis charges in a new court filing is “rife with serious ethical problems” and “actual conflicts-of-interest.” Wills has launched a sprawling probe into Donald Trump’s efforts to overturn the 2020 presidential election in Georgia. Willis escalated the legal battle over the issue when she moved to disqualify the two lawyers being paid by the state GOP.
Georgia – Herschel Walker Paid for Girlfriend’s Abortion, Report Says
MSN – Bill Barrow (Associated Press) | Published: 10/3/2022
Herschel Walker, who has vehemently opposed abortion rights as the Republican nominee for U.S. Senate in Georgia, paid for an abortion for his girlfriend in 2009, according to a report. Walker called the accusation a “flat-out lie” and said he would sue. The Daily Beast reviewed a receipt showing her $575 payment for the procedure, along with a get-well card from Walker and her bank deposit records showing the image of a personal check from Walker dated five days after the abortion receipt. The woman said Walker encouraged her to end the pregnancy, saying the time was not right for a baby.
Louisiana – Louisiana Officials Use Campaign Cash to Buy LSU, Saints Tickets
Louisiana Illuminator – Julie O’Donoghue | Published: 10/4/2022
Forty-nine Louisiana politicians spent $181,600 from their campaign accounts and PACs on tickets to collegiate and professional sporting events in 2020 and 2021. Over half of those purchasing the tickets were state lawmakers, but the group also includes the governor, sheriffs, district attorneys, and a state Supreme Court justice. State law prohibits elected officials from using campaign money for “personal use,” but sports tickets have long been considered a legitimate expense. The practice is legal so long as officials can explain why the spending is related to their campaign or job, said Kathleen Allen, the state’s ethics administrator.
Maryland – Nash Seeking Clarity on Lobbying Rules After Ethics Decision
Yahoo News – Ryan Marshall (Frederick News-Post) | Published: 10/5/2022
Frederick Alderwoman Katie Nash will not challenge a decision by the city’s Ethics Commission that some of her professional lobbying activities violated city rules in court and is seeking guidance for future work. The commission found Nash, a lobbyist registered with the state, improperly emailed coordinators for various city Neighborhood Advisory Councils and others, encouraging them to raise concerns with the county about plans to shift coverage of paramedic services in parts of the city. Nash also asked that information about avoiding conflicts be made available to candidates when they file.
Massachusetts – Former State Police Union Boss Dana Pullman and Former Lobbyist Anne Lynch Face Trial for Alleged Kickback Schemes
MSN – Shelly Murphy (Boston Globe) | Published: 10/3/2022
Dana Pullman, the former leader of the Massachusetts State Police union, is on trial on charges he took kickbacks totaling $41,250 from a union lobbyist, Anne Lynch, and diverted thousands of dollars from the union for personal expenses, including flowers, gifts, a Florida vacation, and meals at upscale restaurants with a girlfriend. When announcing the charges in August 2019, federal authorities accused Pullman of running the union “like an old-school mob boss” and tapping the union’s account as if it was “his own personal piggy bank.”
Michigan – Michigan’s Proposal 1 Would Change Term Limits, Require Financial Disclosure for Lawmakers
Yahoo News – Clara Hendrickson (Detroit Free Press) | Published: 10/6/2022
Michigan voters will have a chance to decide this November whether they want to end the current term limits for state lawmakers in favor of reducing the total number of years lawmakers can serve in Lansing while increasing the number of times they can seek reelection in either chamber. The proposal would also establish new financial disclosure requirements for some elected officeholders. It would require annual reports describing their assets and sources of income, positions held outside of state government, agreements or arrangements regarding future employment, gifts and travel payments received, among other requirements.
Missouri – Missouri Ethics Commission Hobbled Again After Parson Pulls Appointees
St. Louis Post-Dispatch – Jack Suntrup | Published: 9/29/2022
The Missouri Ethics Commission again is unable to function, at least temporarily, because it does not have enough members. Gov. Mike Parson removed three members of the panel on recently, said Liz Ziegler, executive director of the commission. Ziegler said Parson took the three members off the ethics commission “due to the special legislative session” the governor had called on tax relief.
Montana – Commissioner of Political Practices to Step Down Before Term Ends
Helena Independent Record – Sam Wilson | Published: 10/3/2022
Montana Commissioner of Political Practices Jeff Mangan announced on social media he will be retiring before his term ends, stepping down just before Election Day. Not since Dennis Unsworth’s departure at the end of 2010 has anyone served out a full term as commissioner. Past commissioners have at times come under fire for bringing a perceived partisan bias to their work investigating political complaints. Republican lawmakers have for years brought legislation seeking to disband the office or reduce the power commissioners wield.
New Mexico – NM Sen. Ivey-Soto Resigns from the Chairman Position of an Influential Committee
Source New Mexico – Shaun Griswold | Published: 9/29/2022
Fallout from a harassment complaint filed against New Mexico Sen. Daniel Ivey-Soto has now affected his position of power as a lawmaker in Santa Fe. Ivey-Soto submitted a letter resigning as chairperson of the Senate Rules Committee. His resignation as chair shields lawmakers from having to take a public position on Ivey-Soto’s behavior at the Capitol. A meeting to discuss Senate committee assignments would have been the first public discussion and vote by lawmakers about Ivey-Soto after an investigation about sexual harassment allegations against Ivey-Soto.
New York – City Council Redistricting Drama Underscores Dropped Commission Ethics Policy
Gotham Gazette – Ethan Geringer-Sameth | Published: 10/3/2022
New York City’s redistricting process was thrown into disarray in September after the commission responsible for drawing new city council district lines voted down its own draft map. An aide to Mayor Eric Adams individually lobbied his appointees on the commission to vote no, activity the mayor has denied knowing about. There are few formal barriers in place to prevent conflicts-of-interest between the 15 redistricting commissioners and the elected officials who appointed them.
New York – Contender for Top NYC City Hall Post Left Trail of Penalties and Debt as a Lobbyist
MSN – Michael Gartland (New York Daily News) | Published: 10/3/2022
Tiffany Raspberry, who currently serves as a senior advisor for external affairs in New York City Mayor Eric Adams’ administration, is being considered as the mayor’s next chief of staff. Before her stint at City Hall, Raspberry worked as a lobbyist through her firm York Group Associates. The firm failed to follow city and state disclosure requirements dozens of times between 2011 and 2020, leading to nearly $38,000 in fines for late and incorrect filings. Records reveal Raspberry’s former clients are still registered to lobby on both the city and state levels.
New York – Hochul Says She Had No Role in New York’s $637M Deal with Campaign Donor
Albany Times Union – Chris Bragg | Published: 10/6/2022
Gov. Kathy Hochul said that before her staff authorized $637 million in payments to a major campaign donor, she was never asked to give final approval to the taxpayer-funded deal for COVID-19 tests from Digital Gadgets. The governor also said she was not briefed about the cost of the purchase orders, which were significantly higher than what other companies had charged for providing rapid tests to New York. Before finalizing the deals, Digital Gadgets had little history as a distributor of COVID-19 tests. The company’s chief executive officer, Charlie Tebele, held campaign fundraisers for Hochul around the time the contract was awarded.
Ohio – Cleveland Police Commander Faces Discipline for Hiding His Work with Private Security Companies, Failing to Pay Taxes
MSN – Adam Ferrise (Cleveland Plain Dealer) | Published: 9/28/2022
Cleveland police Commander Michael Butler faces accusations involving his work for private security companies, including that he hid from city officials his work for the businesses during a time he led the city’s efforts at staffing both officers and security firms for major events, according to an internal disciplinary letter. The city’s letter also said Butler broke state law by failing to pay taxes on income he had earned.
Ohio – FirstEnergy Fights to Keep Records Tied to Bribery Scheme from the Public
Ohio Capital Journal – Jake Zuckerman | Published: 10/5/2022
FirstEnergy, which has admitted to spending tens of millions of dollars bribing top government officials in Ohio, asked state regulators to shield documents about its bribes from release to the public. The company’s request will soon be decided by the Public Utilities Commission of Ohio, whose former chairperson, Sam Randazzo, allegedly accepted a $4.3 million bribe from the utility for favorable regulatory treatment. The records could unmask the identities of several government officials and energy executives that FirstEnergy anonymously identified in its deferred prosecution agreement with the Justice Department.
Ohio – Ohio Secretary of State Frank LaRose Creating Public Integrity Unit in Office Reorganization
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 10/5/2022
Ohio Secretary of State Frank LaRose is reorganizing his office to form a “public integrity” unit, a shuffling he said will include hiring of investigators with the authority to issue subpoenas to look into potential elections-related crimes. The secretary of state would make the decision on what cases to pursue. Any cases would be turned over to the attorney general’s office or local county prosecutors, which play a role in enforcing state criminal laws, or the Ohio Elections Commission, which is a clearinghouse for violations of state elections law. The move comes as increasing numbers of Republican voters view the accuracy of elections with suspicion.
Oklahoma – Okla. GOP Ties Hospital’s Covid Funds to End of Gender-Affirming Care
MSN – Kimberly Kindy (Washington Post) | Published: 10/4/2022
Oklahoma lawmakers added a controversial provision before awarding the state’s largest hospital system $108 million in pandemic relief funds. OU Health would only get the money if its Oklahoma Children’s Hospital stopped providing gender-affirming care. The move, which the governor signed into law, marks the first time that conservative state lawmakers have tied gender-affirming care to the receipt of funds from the American Rescue Plan Act. Some advocates worry it might embolden other Legislatures with GOP majorities to add similar restrictions before allocating money to publicly funded hospitals.
Oregon – City Elections Office Upholds Campaign Penalty Against Council Candidate Rene Gonzalez
Portland Mercury – Alex Zielinski | Published: 9/29/2022
Portland City Council candidate Rene Gonzalez’s appeal of a $77,000 campaign finance violation was rejected by the Small Donor Elections program. Gonzalez had argued that accepting a $250 monthly rate for an office rental in downtown Portland that normally goes for a monthly rate of $6,900 was not an in-kind contribution from property owner Jordan Schnitzer. According to Gonzalez, that is because vacancy rates are so high in downtown Portland the office would have gone unrented if his campaign had not occupied the space.
Pennsylvania – As TV Doctor, Mehmet Oz Provided Platform for Questionable Products and Views
MSN – Colby Itkowitz and Lenny Bernstein (Washington Post) | Published: 10/3/2022
As a Republican candidate for a U.S. Senate seat in Pennsylvania, a key battleground in the fight for control of the chamber, Mehmet Oz, a cardiothoracic surgeon, is putting his medical background and his popular television show at the center of his campaign pitch. But during the show’s run from 2009 to 2021, Oz provided a platform for potentially dangerous products and fringe viewpoints, aimed at millions of viewers, according to medical experts, public health organizations, and federal health guidance.
Pennsylvania – Unresolved Gray Areas in Pa. Mail Voting Law Likely to Spur Fresh Confusion, Legal Challenges
Spotlight PA – Stephen Caruso and Katie Meyer | Published: 10/5/2022
Some key questions on mail ballots remain unsettled in Pennsylvania, opening the door for more legal action and confusion after the upcoming gubernatorial and U.S. Senate races. State lawmakers in 2019 passed a bipartisan overhaul of the state’s election law and allowed no-excuse mail voting for the first time. That law does not say, for instance, whether counties should be able to contact voters who have submitted mail ballots with errors and allow them to fix them, a process known as ballot curing. The law also does not mention ballot drop boxes or how they should be regulated.
Texas – Ethics Commission Shelves Lobbying Complaint Against Austin Pets Alive! Employee
Austin Monitor – Chad Swiatecki | Published: 10/3/2022
The Ethics Review Commission opted not to move forward with a lobbying complaint against Katie Jarl, a member of the city’s Animal Advisory Commission who also works in a governmental affairs job for Austin Pets Alive (APA). The complaint was based on the likelihood that Jarl was involved in lobbying activity for APA in 2021 when it was negotiating with the city for a long-term lease for a shelter property. City laws bar a registered lobbyist from serving on boards and commissions.
Texas – Fort Worth City Manager Apologizes After Reprimanded for Trip with Sundance Square Owners
MSN – Lana Ferguson (Dallas Morning News) | Published: 10/5/2022
Fort Worth City Manager David Cooke was publicly reprimanded for taking a trip to Colorado on a private plane with Ed and Sasha Bass. Some argue the trip was, in part, to promote the city, but Cooke said it was a “personal trip with friends.” Cooke will remain in his role but must recuse himself from all city business tied to Sundance Square, which the Basses own, and the Downtown Public Improvement District. Mayor Mattie Parker and the city council said Cooke’s decision to take the Labor Day weekend trip to Aspen showed “questionable judgement” and that, when asked about it, he “exercised poor communication to the public.”
Virginia – IT Issues Stall Voter-Records Processing for 107,000 in Virginia
MSN – Laura Vozzella (Washington Post) | Published: 10/5/2022
Local registrars across Virginia began scrambling to process about 107,000 voter records dumped on them overnight by the state Department of Elections, where computer network failures had left applications in limbo for months. Gov. Glenn Youngkin’s office blamed unspecified technical problems for the backlog, which affected new voter registration applications, address updates, and other changes submitted through the Department of Motor Vehicles. Registrars do not face a hard deadline for processing registrations, but state law requires they notify voters of their polling place 15 days before an election.
Virginia – Virginia Paid Governor Youngkin’s Political Ad Agency $268K to Make a Tourism Ad – Featuring Youngkin.
Richmond Times-Dispatch – Patrick Wilson | Published: 10/5/2022
The political advertising agency behind Glenn Youngkin’s successful bid for Virginia governor, which created his branding, received a $268,600 contract from a state agency to produce a tourism video that heavily features Youngkin himself. The ad will appear in Virginia’s airports and welcome centers at a time when the governor is considering a run for president and is seeking to boost his national image. Poolhouse specializes in digital advertising for GOP candidates. It was formed in 2013 and has never performed marketing work for the state before the Youngkin tourism advertisement.
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