In the News
U.S. News & World Report: Critics Question Legality of Crowdfunding Against Collins
By Associated Press
A crowdfunding campaign that collected over $2 million for Republican Sen. Susan Collins’ prospective Democratic challenger in the 2020 election has raised legal concerns.
The Portland Press Herald reports organizers gathered after Collins voted to confirm Brett Kavanaugh to the Supreme Court. Crowdpac spokesman TJ Adams-Falconer says Mainers decided they would support someone else after “Collins wouldn’t stand for their values.”
Collins said on CBS’ “60 minutes” the crowdfunding amounted to a bribe because organizers tried to pressure her into a vote. Some legal experts have supported Collins’ view.
Bradley Smith, a former Federal Election Commission chairman, says the campaign donations are protected under free speech and aren’t a bribe.
The Foundation for Accountability and Civic Trust has filed a complaint about the campaign with the U.S. Department of Justice.
The Courts
Bloomberg: Mueller Defends Prosecution of ‘Putin’s Chef’ and Russian Trolls
By Greg Farrell
U.S. Special Counsel Robert Mueller pushed back against a company owned by Yevgeny Prigozhin, a Russian oligarch known as “Putin’s chef,” telling a federal judge that the charges filed against the firm — conspiracy to defraud the U.S. — aren’t dependent on proving that election interference is a crime.
The special counsel’s office wrote in a filing that prosecutors only need to show that the company, Concord Management and Consulting, and its alleged co-conspirators agreed to engage in conduct that violated their duties to register as foreign agents and report campaign expenditures. “The government is not required to prove that the conspirators actually violated” federal election and campaign finance laws, prosecutors wrote…
“The indictment alleges that a purpose of the these manifold acts of deception was to frustrate the lawful government functions of the United States,” prosecutors wrote. “Those allegations are sufficient to support the charge of conspiracy to defraud the United States regardless of whether the defendants agreed to engage in conduct that violated” the election and campaign finance laws…
Neither Prigozhin nor the other Russian nationals have responded to the charges, but Concord Management has fought back. The company’s lawyer, Eric Dubelier of Reed Smith, has argued that Concord’s failure to register as a foreign agent or report campaign-related expenditures doesn’t constitute a crime.
Last week, the federal judge overseeing the case asked Mueller’s team to respond to that claim.
Seattle Times: Activist groups file First Amendment lawsuit in Seattle over ICE arrests
By Nina Shapiro
Claiming federal immigration officials are targeting people who speak out against government policies, three activist groups are suing Immigration and Customs Enforcement (ICE) on First Amendment grounds in Seattle’s federal court.
Among the more than 10 nationwide cases cited in the complaint are two involving Washingtonians: Maru Mora-Villalpando, a well-known Bellingham activist who calls for the end of all detentions and deportations and is currently in deportation proceedings herself; and Baltazar “Rosas” Aburto Gutierrez, a Pacific County seafood worker arrested after speaking to The Seattle Times and the Chinook Observer about the arrest of his longtime girlfriend.
The lawsuit says the selective arrest, detention and deportation of immigrants began when President Donald Trump took office in January 2017. “This sharp spike in immigration-enforcement targeting the most vocal immigration activists is intended to stifle dissent,” reads the 25-page complaint…
The agency is also facing another First Amendment lawsuit in New York, filed in February on behalf of Ravi Ragbir, a nationally known activist and director of the New Sanctuary Coalition, who was detained in January.
Elizabeth Simpson, with the National Immigration Project of the National Lawyers Guild, lead counsel for the plaintiff, says this one looks more broadly at the effect of ICE’s policies on the immigrant activist community…
Gov. Jay Inslee called then-acting director of ICE Thomas Homan to complain about what the governor called a “chilling effect” on free speech. Homan said retaliation was not the reason for Aburto Gutierrez’s arrest. Instead, the ICE official said, agents realized that Aburto Gutierrez’s daughters, placed in his care when his girlfriend was arrested, had gone to Mexico to be with their mother.
The lawsuit apparently doesn’t accept that explanation. It asks for a permanent injunction restraining ICE from targeting individuals based on political speech.
Stamford Advocate: ACLU sues Stamford police
By Daniel Tepfer and John Nickerson
The American Civil Liberties Union has sued the Stamford Police Department, claiming one of its officers illegally violated a protester’s rights by arresting him after confiscating his phone and protest sign.
The suit, filed in U.S. District Court in Hartford on behalf of Stamford resident Michael Friend, claims Sgt. Richard Gasparino violated the 45-year-old man’s First Amendment rights to free speech and information and Fourth Amendment right against warrantless seizure.
Friend was arrested on April 12 when he created a sign reading, “Cops Ahead,” after he saw Gasparino standing behind a telephone pole and alerting other officers to motorists violating the state’s distracted driving law…
A Stamford judge dismissed the charge on May 7.
“Instead of focusing on safety and their obligation to uphold the constitution, Stamford police chose to harass and punish a peaceful protester for exercising his right to free speech,” said ACLU-CT Legal Director Dan Barrett, who is representing Friend in the lawsuit…
Barrett is also representing Michael Picard in a lawsuit against three state police troopers, accusing them of illegally retaliating against him while he was holding a sign warning motorists of a DUI checkpoint in West Hartford in 2015.
Picard was also arrested in Stamford in April when he protested Friend’s arrest. Picard was charged with breach of peace after holding up a sign reading, “F*** Free Speech -Stamford PD” outside the police station. A Stamford judge dismissed the charge three months later.
“We have to return to a time when scrutiny and criticism of public officials is normal,” Barrett said. “You don’t have to be a lawyer to see what is wrong with these facts. If a public servant’s reaction to a member of the public holding a sign is to arrest that person, then a course correction is required.”
Denver Post: Thornton mayor pro tem agrees to unblock anti-fracking activists on Facebook
By Elizabeth Hernandez
Thornton Mayor Pro Tem Jan Kulmann agreed to unblock two anti-fracking activists from her official Facebook page as part of an agreement announced Monday in a lawsuit accusing the elected official – a proponent of oil and gas interests – of violating free speech rights by censoring her government social media page.
The stipulation, which was approved by a federal magistrate, also said Kulmann will not block anyone or delete any further comments from her official Facebook page while the lawsuit proceeds.
The agreement came after Boulder County commissioner candidate Cliff Willmeng, co-founder of the anti-fracking group East Boulder County United, and Marine Corps reservist Eddie Asher filed a lawsuit in U.S. District Court in Denver alleging that Kulmann deleted their posts on the mayor pro tem’s official Facebook page.
Intimidation
New York Times: Alexander Soros: The Hate That Is Consuming Us
By Alexander Soros
On Monday afternoon an explosive device was delivered to my father’s home north of New York City. An alert member of our staff recognized the threat and called the police. Fortunately, the authorities were able to detonate the device safely. On Wednesday, the Secret Service said it had intercepted similar devices sent to the offices of former President Barack Obama and former Secretary of State Hillary Clinton.
We are all grateful that no one was injured, and grateful to those who kept us safe. But the incident was profoundly disturbing – as a threat not just to the safety of our family, neighbors, colleagues and friends, but also to the future of American democracy…
While the responsibility lies with the individual or individuals who sent these lethal devices to my family home and Mr. Obama’s and Ms. Clinton’s offices, I cannot see it divorced from the new normal of political demonization that plagues us today.
I am under no illusion that the hatred directed at us is unique. There are too many people in the United States and around the world who have felt the force of this malign spirit. It is now all too “normal” that people who speak their minds are routinely subjected to personal hostility, hateful messages on social media and death threats.
It is also all too normal that organizations doing important pro-democracy work face existential threats simply because they accept support from the foundations my father started. And all too normal that political leaders who swear an oath of office to protect all citizens instead pursue politics of division and hate…
We must find our way to a new political discourse that shuns the demonization of all political opponents.
FEC
Mother Jones: NRA Accused of “Elaborate Scheme” to Evade Campaign Finance Law
By Mike Spies
A new complaint filed with the Federal Election Commission accuses the National Rifle Association and GOP Missouri Senate candidate Josh Hawley of engaging in “an elaborate scheme designed to evade detection” of campaign finance violations.
The complaint from the Campaign Legal Center, a nonpartisan watchdog, and Giffords, a gun violence prevention group, raises questions about whether GOP campaign contractors and vendors are facilitating hidden coordination between campaigns and the outside groups who support them. The complaint is the third in four months to accuse the NRA of appearing to use a shell company to circumvent laws against such coordination.
The complaints are based in part on an ongoing investigation by the Trace showing that the NRA’s exclusive political advertising consultant, Starboard Strategic, may be functioning as a front for the prominent conservative political consulting firm OnMessage Inc…
When campaigns and outside groups use a common vendor, the FEC requires the firm in the middle to establish a strict “firewall” preventing executives and staffers working for either client from sharing information. Starboard’s status as a separate legal entity gives the appearance that the NRA is using a different vendor from the campaigns it supports, even though, according to the Campaign Legal Center, Starboard seems to be “functionally indistinguishable” from OnMessage…
The complaint comes a week after nine senators called on the FEC to investigate the NRA’s arrangement with Starboard Strategic, asserting that it is “highly likely” the company has been used for the purpose of “sharing proprietary information.”
Candidates and Campaigns
Washington Post: Rep. Scott Taylor threatens legal action over campaign ads, but scandal may not be hurting his campaign
By Gregory S. Schneider
U.S. Rep. Scott W. Taylor (R-Va.) just can’t get past The Scandal, the criminal investigation of his campaign staffers for possible fraud.
Oh, he’s over it himself, he says. It’s just the media who keep bringing it up. And the Democrats.
But when this election is over and he has won a second term, he says, he’ll be talking to lawyers about some of the campaign ads against him.
“You have defamation with malicious intent,” Taylor said Tuesday after his first debate with Democratic challenger Elaine Luria. And the voters, he said, aren’t buying it.
New York Times: Abroad in America: ‘Why Does it Cost So Much (Insert Extreme Word of Choice) Money to Run for Office?’
By Sarah Lyall
Interestingly enough, financial advantage does not guarantee electoral success. Hillary Clinton raised more money than Mr. Trump in the 2016 election, and look at what happened to her.
The most obvious current manifestation of that is taking place in the deeply Republican state of Texas, where Beto O’Rourke, a Democrat, is challenging the Republican incumbent, Ted Cruz, for a U.S. Senate seat. Mr. O’Rourke is a favorite of liberals across the U.S., because they love his starry charisma and because they do not like Mr. Cruz, known for his intransigence and hard-right views, at all.
Buoyed by his national profile, Mr. O’Rourke raised a staggering $38.1 million from July through September, about half of it from outside of Texas. In the same period, Mr. Cruz raised about $12 million. But Mr. Cruz is polling ahead of Mr. O’Rourke.
“You have to have the money to communicate the message, but the message has got to be able to resonate with voters,” said Capri Cafaro of the American University School of Public Affairs in Washington, a former Democratic state senator in Ohio. “If your message isn’t right, it’s not going to win you the election.”
The States
Sioux Falls Argus Leader: 2018 election: Here are the ballot measures South Dakota voters will face
By Dana Ferguson
What it says: Initiated Measure 24 – An initiated measure prohibiting contributions to ballot question committees by non-residents, out-of-state political committees, and entities that are not filed with the Secretary of State…
The Attorney General’s Office has flagged the proposal as likely to be challenged on constitutional grounds.
Supporters say: The measure’s supporters say out-of-state groups don’t have to live with the results of policy change at the ballot and shouldn’t be able to influence public opinion about it.
Opponents say: Opponents say the proposal goes too far and would outlaw political speech, possibly infringing on non-residents’ ability to express their political views through donations…
What it says: Amendment W – An initiated amendment to the South Dakota Constitution changing campaign finance and lobbying laws, creating a government accountability board, and changing certain initiative and referendum provisions…
Supporters say: Supporters say the amendment is needed to make meaningful changes to state campaign finance and ethics laws in a way that state legislators can’t repeal. The proposal stems from 2016’s Initiated Measure 22, which South Dakota voters narrowly approved and lawmakers struck.
Opponents say: Those opposing the amendment say it is too broad and could pose problems in creating an independent board with extensive authority. They also raised concerns about the proposal establishing a new article of the Constitution and authorizing a $389,000 annual expenditure.
Washington Post: Prince George’s approves matching funds for local candidates – starting in 2026
By Rachel Chason
The Prince George’s County Council narrowly approved public financing for local political candidates early Wednesday, following a marathon meeting that marked the end of this year’s legislative session.
Citing concerns about how the county would afford to provide matching funds to political candidates who agree to forgo large donations, the council delayed implementation of the bill until 2026.
The legislation, which was backed by a variety of progressive groups, follows similar measures that were approved in recent years in Montgomery County, Howard County and the District. Candidates must agree not to accept donations exceeding $250 to participate in the program, which provides matching funds for donations up to $150…
The legislation, which still needs to be signed by County Executive Rushern L. Baker III (D), was originally proposed for the 2022 election cycle. An amendment late Tuesday from council member Karen R. Toles (D-District 7), who said she was worried about finding money in an already tight budget to fully fund the bill, delayed it an additional four years.
The Oregonian: Portland is ‘one of most politically violent cities in America,’ police union president says
By Maxine Bernstein
The president of the Portland police union is calling on City Council members “to quit sitting on their hands” and decry the violence disrupting local protests.
Police need support to arrest people involved in the vicious brawls, Officer Daryl Turner said in a Facebook post.
“The culture of enablement, restriction of enforcement, criticism of police when we act, and criticism of police when we don’t act, along with an over-emphasis on de-escalation and disengagement has led us to our present, unacceptable situation,” Turner wrote.
Turner, who leads the Portland Police Association, posted his message Monday afternoon as the city struggles to respond to demonstrations that dissolve into bloody skirmishes…
Mayor Ted Wheeler, who serves as police commissioner, is seeking council support for an emergency ordinance that would allow the city to restrict the time, location and manner of protests if the groups involved have demonstrated a history of violence. Other city commissioners have expressed reservations, concerned the step could infringe protesters’ constitutional rights to freedom of speech and assembly.
Florida Politics: Jennifer Webb wants false attack ad removed from the airwaves
By Janelle Irwin Taylor
A third-party released a negative attack ad against Jennifer Webb in the House District 69 race.
The ad condemns Webb for taking contributions from special interest groups, political insiders and lobbyists, but was chock full of inaccuracies and falsehoods, as reported by Florida Politics.
Webb asked her opponent, Ray Blacklidge, to petition the group behind the ad to remove it from the airwaves.
In response, Blacklidge posted on his campaign Facebook page a public denouncement of negative advertising by third parties…
Webb responded by pointing out that since Blacklidge had not taken further action to remove the ad from airwaves, she has.
In a disclaimer at the end of the ad, Citizens for Florida Prosperity Political Committee took responsibility for the ad. But when the Webb campaign reached out to Spectrum, they said the Republican Party paid for the ad. Webb said in a text message she was waiting on clarification on who paid for the ad to issue a cease and desist letter to take it down based on false claims.
If the ad disclaimer about who paid for it is incorrectly listed, it is a campaign finance violation.
“I will also be sending the cease and desist letter once we figure out who is actually responsible – the Republican Party of Florida or the Citizens for Florida Prosperity PAC,” Webb wrote on Facebook in response to Blacklidge’s condemnation of negative ads.
