In the News
Washington Examiner: McCutcheon one year later: A ringing endorsement for the First Amendment
By Luke WachobWhen the Supreme Court decided McCutcheon v. FEC 12 months ago, First Amendment advocates celebrated a victory while supporters of greater campaign finance regulation predicted doom, gloom and the death of democracy itself.One year and one election later, we have some evidence to evaluate these perspectives. So far, it’s good news for the First Amendment.McCutcheon’s major effect has not been to increase the influence of the wealthy, but to narrow the grounds on which government may interfere with political speech, and to encourage the relaxation of other unnecessary campaign finance regulations.
IRS
Wall Street Journal: Lois Lerner Won’t Be Prosecuted on Contempt of Congress Charges
By John D. McKinnon
WASHINGTON—Federal prosecutors won’t seek to prosecute former Internal Revenue Service official Lois Lerner on contempt of Congress charges, concluding she did nothing wrong in refusing to testify before a House committee looking into alleged IRS targeting of conservative nonprofit groups.The U.S. Attorney’s office for the District of Columbia sent a letter to House Speaker John Boehner on Tuesday, notifying lawmakers that it wouldn’t present the case to a grand jury.The House voted last year to hold Ms. Lerner in contempt of Congress, contending she was wrong to refuse to testify before the House Oversight and Government Reform Committee. GOP lawmakers argued she had waived her right against self-incrimination when she read a statement before the panel proclaiming that she had done nothing wrong.
Independent Groups
Wall Street Journal: New Group Backing Jeb Bush Not Required to Disclose Donors
By Rebecca BallhausA former staffer to Jeb Bush established a group earlier this year that can raise money without disclosing its donors, a revelation that has drawn criticism from campaign-finance watchdogs who say the group will allow the likely 2016 candidate to benefit from contributions his campaign might prefer not to disclose.The nonprofit corporation—called Right to Rise Policy Solutions, sharing the same “Right to Rise” name as two other political-action committees raising money for Mr. Bush’s potential campaign—is the latest addition to a group of politically linked organizations not required to disclose their donors. Other potential 2016 candidates, including Louisiana Gov. Bobby Jindal and Ohio Gov. John Kasich, are also linked to nonprofits that aren’t required to disclose the source of their donations.
SCOTUS/Judiciary
SCOTUS Blog: Another brief disruption at the Court
By Lyle DennistonAs the Justices assembled on the bench, to hear two bankruptcy cases, the shouting began in the back of the courtroom: “One person, one vote! Overrule Citizens United!”The Chief Justice calmly remarked: “You wouldn’t think a bankruptcy case would attract such attention.” As the shouting continued, Roberts grew more serious, and commented “Oh, please!” He then warned of a criminal contempt charge.
Disclosure
National Journal: Hillary Clinton Makes It Hard to Follow the Money
By Conor FriedersdorfRepublicans and Democrats have their respective (if sometimes overlapping) fundraising bases. Very rich individuals sometimes support a given candidate. And then there’s Hillary Clinton, whose relationship to money is even more complicated.Her family’s foundation is one complicating factor. “The Clinton Foundation accepted millions of dollars from seven foreign governments during Hillary Clinton’s tenure as secretary of State, including one donation that violated its ethics agreement with the Obama administration,” TheWashington Postreported last month. That conflict of interest was inappropriate for a Cabinet secretary. It ought to be intolerable in a president. Foreign governments would obviously attempt to curry favor or avoid wrath by contributing to an organization that is helping to shape her husband’s legacy, providing a livelihood for her daughter, and would perhaps constitute her base of power and influence in the years after she left the White House.
Senator Menendez
The indictment is available at this link.
NY Times: U.S. Charges Senator Robert Menendez Sold Political Favors
By Mattt ApuzzoWASHINGTON — Senator Robert Menendez of New Jersey was indicted on bribery charges on Wednesday in what prosecutors said was a scheme to trade political favors for luxury vacations, golf outings, campaign donations and expensive flights.The indictment, the first federal bribery charges against a sitting senator in a generation, puts Mr. Menendez’s political future in jeopardy. He faces a possible sentence of 15 years in prison for each of the eight bribery counts.Mr. Menendez, a Democrat, angrily denied wrongdoing and vowed to fight the charges. “This is not how my career is going to end,” he said at a news conference in Newark, where supporters cheered him. “Today contradicts my public service career and my entire life.”
NJ.com: A trip to Paris. Private jets. Alleged visas for models: Inside the Menendez indictment
By Ted ShermanAccording to the indictment, Menendez traveled extensively on Melgen’s tab, including:• Domestic and international flights on private jets, as well as first-class domestic airfare arranged by Melgen.• Use of Melgen’s Caribbean villa at an exclusive Dominican resort.• A three-night stay at a luxury hotel in Paris, paid for by Melgen’s American Express Membership Rewards points.• Expensive meals, golf outings, and tens of thousands of dollars in contributions to a legal defense fund.
CPI: Menendez’s million-dollar defense
By Carrie LevineThe test of Menendez’s will begins today, as a federal indictment charges the senator with 14 counts, including bribery, conspiracy and wire fraud.It’s certain to add considerably to the already massive legal bills Menendez has racked up — and that political patrons are helping pay off. From early 2013 through the end of 2014, Menendez reported spending more than $1.2 million on legal fees, using a combination of cash from his campaign committee, political action committee and a legal defense fund, according to a Center for Public Integrity analysis of federal documents.It was early in 2013 when Menendez’s relationship with Florida ophthalmologist Salomon Melgen, a friend and campaign donor, set off a series of investigations that led to today’s indictment.
Washington Post: Menendez indictment marks first big corruption case involving a super PAC
By Matea GoldBut advocates of loosening campaign finance restrictions said that just because Melgen may have thought he could influence Menendez through super PAC donations does not mean the senator actually was compromised, even if he knew about the donations.“Gratitude is not corruption,” said conservative election law attorney James Bopp Jr. “Was there an exchange that is related to the super PAC? And if there was, then it would be corrupting. . . . But there is nothing inherently corrupting in somebody who wants favors or likes somebody giving money to super PAC.”
Lobbying and Ethics
NY Times: Trucking and Rail Industries Turn State Troopers Into Unwitting Lobbyists
By Eric LiptonWASHINGTON — David Latimer, wearing a South Carolina Highway Patrol button on his lapel, was working Capitol Hill one recent morning, warning of the dangers of longer and heavier trucks on the nation’s highways.“If you have a bad truck accident, more of them are going to involve fatalities,” said Mr. Latimer, who passed out his card as the vice chairman of the National Troopers Coalition, which represents 45,000 law enforcement officers.What he did not highlight was that he was being paid by a nonprofit group financed by the railroad industry, which stands to lose billions of dollars if the trucking industry is allowed to carry larger loads.
State and Local
New York –– Wall Street Journal: Judge: Board Could Deny Liu Funds
By Michael Howard SaulThe New York City Campaign Finance Board was justified when it denied John Liu,a former city comptroller, millions of dollars in public matching funds during his unsuccessful 2013 bid for mayor, a federal judge ruled.In a ruling dated Tuesday, U.S. District Judge Richard Sullivan dismissed the major components of a lawsuit filed last year by Mr. Liu accusing the board of delivering his campaign a “death sentence” when it decided in August 2013 not to give him more than $3.5 million in matching funds.Neither Mr. Liu nor his attorneys responded Wednesday to requests for comment.
