Tues. political law links

MCDONNELL NEWS.  Here‘s a set of McDonnell links from yesterday.  McDonnell’s statement on the case is here.  Gov. McAuliffe also made a statement.

WATCHDOGS YELP.  RC.  “Monday’s Supreme Court decision to vacate former Virginia Gov. Robert McDonnell’s corruption verdict fits into a larger trend of relaxing federal rules for lobbyists and political donors. But some campaign finance and corruption experts say the fallout may not be far reaching.”

DELLIGNER ON MCDONNELL.  SCOTUSBlog.  “What the Court and McDonnell’s defenders ignore is the evidence suggesting that he took action in knowing exchange for the financial beneficence.”

SIT-IN ETHICS.  USAT. “An independent watchdog group is filing an ethics complaint against several House Democrats for violating House rules last week during lawmakers’ 25-hour sit-in to demand votes on gun control.”

ETHICS EXTENDS.  RC.  “‘The committee notes that the mere fact of a referral or an extension, and the mandatory disclosure of such an extension and the name of the subject of the matter, does not itself indicate that any violation has occurred, or reflect any judgment on behalf of the committee,’ the press release stated.”

KY:  CROWDFUNDING APPROVED.  WFPL.  “The Kentucky Legislative Ethics Commission has ruled that political candidates are allowed to use crowdfunding sites like GoFundMe and Kickstarter to raise money for their own political campaigns.”   The opinion is on the KLEC website as a Word doc.

MS:  SEARCH AVAILABLE, WELCOME TO 1998.  JCL.  “Secretary of State Delbert Hosemann said he plans to roll out a ‘searchable’ online campaign finance filing system for state elections on Sept. 27.”

NJ:  STATE PROBE.  N.  “State election officials have decided to ‘open an investigation’ into Councilman Andre Sayegh’s campaign finance reports, according to a letter issued two weeks ago.”

NY:  DEAL SHORT.  PJ.  “Lawmakers’ ability to earn unlimited private income loomed large in Silver’s trial, while evidence in Skelos’ trial showed how Glenwood Management — a major New York City real estate developer — exploited the LLC loophole.”

OK:  ENFORCEMENT NOT OK.  NO.  “The Oklahoma Ethics Commission says a lack of funding from state legislators has left too few resources to enforce financial reporting rules for candidates at the county level.”

TX:  CHANGE IN HOUSTON.  HPM.  “Until now, candidates for city offices could collect $5,000 from individual donors and $10,000 from political action committees for their election every two years.”

HAVE A GOOD DAY.

McDonnell Alert: Quos, Quids, and what’s next?

014MCDONNELL OPINION ANNOUNCED:  The Supreme Court announced its unanimous opinion in McDonnell today, overturning the convictions of former Gov. McDonnell.  The opinion is online here.  The opinion narrows the concept of what constitutes an official act under the statute at issue and will have an impact on future decisions to prosecute.  The opinion explains:

In sum, an “official act” is a decision or action on a “question, matter, cause, suit, proceeding or controversy.”  The “question, matter, cause, suit, proceeding or controversy” must involve a formal exercise of governmental power that is similar in nature to a lawsuit before a court, a determination before an agency, or a hearing before a committee. It must also be something specific and focused that is “pending” or “may by law be brought” before a public official. To qualify as an “official act,” the public official must make a decision or take an action on that “question, matter, cause, suit, proceeding or controversy,” or agree to do so. That decision or action may include using his official position to exert pressure on another official to perform an “official act,” or to advise another official, knowing or intending that such advice will form the basis for an “official act” by another official.

POST-MCDONELL WORLD.  DB. “The Supreme Court just threw a lifeline to politicians looking to play and get paid—and perhaps even to some big fish in New York who have already been caught and convicted for doing just that.”

CONVICTIONS VACATED.  Richmond.com.  “A Richmond jury convicted Virginia’s 71st governor and his wife, Maureen, in September 2014 for accepting more than $177,000 in gifts and loans from Jonnie R. Williams Sr., then-CEO of Star Scientific, in exchange for promoting the company’s dietary supplement, Anatabloc.”

LIPTAK ON CASE.  NYT.  “Prosecutors may seek to retry Mr. McDonnell, but under a stricter standard.”

DOJ UNDER FIRE.  FCPA Blog.  “The Supreme Court said Monday it was concerned ‘with the broader legal implications of the governments’ boundless interpretation of the federal bribery statute. A more limited interpretation of the term ‘official act’ leaves ample room for prosecuting corruption, while comporting with the text of the statute and the precedent of this court.'”

SPEAKER HOWELL STATEMENT.  Here.  “Throughout this process, and even in the darkest hour, the depth of Bob’s character was on full display.”

DEEP IMPACT.  WP (Cillizza).  “What the ruling will do is have a potentially profound effect on future cases involving allegations of public corruption against politicians.”

SPARED FROM PRISON.  NBC.  “And it spares McDonnell from having to report to prison to serve a two-year sentence. Prosecutors could seek to put McDonnell on trial again but with different jury instructions on the definition of corruption.”

UNANIMOUS OPINION.  WP.  “McDonnell’s promising political career was derailed by his entanglement with a businessman who showered McDonnell and his family with luxury gifts and financial benefits.”

ROBERTS WRITES.  CNN.  “Writing for the court, Chief Justice John Roberts set a clear definition of that term and how it can be used in corruption convictions.”

CASE COULD HELP ACCUSED.  This old Washington Post article mentions a few of the officeholders and former officeholders this case might help.

OVERTURNED.  WTOP.  “The court agreed with McDonnell’s argument that the instructions given to a federal jury in Richmond were overly broad.”

DISTASTEFUL NOT ILLEGAL.  WSJ.  “The Supreme Court, in a disapproving tone, cited the gifts in detail, including a luxury watch, designer clothes and the former governor’s borrowing of fancy sports car.”

TOO BROAD.  Politico.  “The decision from the eight-justice court could make it tougher for prosecutors to prove corruption cases against politicians in cases where there is no proof of an explicit agreement linking a campaign donation or gift to a contract, grant or vote.”

UPDATES TO FOLLOW.

 

 

Here are Mon. pol. law links

BUCHANAN CLEARED.  RC.  “Four years after it launched an investigation into allegations of improper dealings by Rep. Vern Buchanan, the House Ethics Committee announced Friday it is dropping the case.”

CASE CLOSED.  Hill. “While the Ethics Committee found that three car dealerships owned by Buchanan did illegally reimburse their employees for campaign donations, it did not find sufficient evidence that Buchanan knew about the transactions.”

T SAYS HE FORGIVES.  Hill.  “Donald Trump says he has forgiven more than $50 million in loans he made to his Republican primary campaign for president.”

DELEGATE SUIT.  DP.  “Carroll Correll Jr., a Winchester attorney and Republican delegate to the party’s national convention next month, has filed a federal lawsuit asking for a temporary restraining order or preliminary injunction allowing him to avoid casting a vote for Donald Trump.”

IND. FUNDS IN STATE AND LOCAL ELECS.  B.  “Secret campaign cash from groups that aren’t supposed to coordinate with candidates has over recent election cycles poured into state and local races where the impact can be much greater than at the federal level, according to the Brennan Center for Justice.”

SUPER PAC PLAY.  CT.  “Democratic former Sen. Russ Feingold says he still doesn’t believe in super PACs. But he’s about to start receiving support from one, whether he likes it or not.”

SUPER PAC LAUNCH.  Hill.  “A new super-PAC created to support Sen. Marco Rubio‘s (R-Fla.) reelection bid launched with a brutal attack ad against Rubio’s likely Democratic opponent, Rep. Patrick Murphy.”

CA:  PROPOSALS OFFERED.  TJ.  “Soiseth and DeHart’s proposed ordinance would establish voluntary campaign contribution limits, voluntary contribution disclosures and a voluntary Code of Fair Campaign Practices.”

MN:  APPOINTMENT MADE.  MPR.  “Minnesota’s campaign finance regulatory board will soon have a new leader after Gov. Mark Dayton appointed the current chairman to a judgeship.”

UT:  DISMISSAL SOUGHT.  TS.  “Shurtleff has pleaded not guilty to allegations he accepted lavish gifts from businessmen in trouble with regulators.”

WV: LUNCH COSTS.  CGM.  “In a trend dating back at least five years, major organizations and lobbyists have shifted resources from elaborate, expensive receptions and dinners to less-expensive and better-attended Capitol luncheons.”

HAVE A GOOD DAY.