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Justice

Conservative Wisconsin Justices Immunize Fellow Justice From Choking Allegations

Wisconsin Supreme Court Justice David ProsserConservative Wisconsin Supreme Court Justice David Prosser currently faces ethics charges for allegedly grabbing fellow Justice Ann Walsh Bradley by the neck during an argument in Bradley’s chambers. In response to these allegations, Prosser tried to convince a majority of his colleagues to recuse themselves from his case — a move that would effectively kill the complaint against him because it would deprive the state supreme court of the quorum it needs to hold Prosser accountable if it determines that the allegations against him have merit.

All three of Prosser’s fellow conservatives have now signed onto this plan:

Wisconsin Supreme Court Justice Michael Gableman becomes the third member of the state’s high court to recuse himself from hearing the complaint against fellow Justice David Prosser.

Gableman made the expected announcement yesterday. Justices Annette Ziegler and Pat Roggensack had already said they wouldn’t take part in consideration of the complaint by the Wisconsin Judicial Commission.

Prosser argued that his fellow justices could not sit on his case because most of them witnessed the alleged choking incident. Yet, while it is usually true that a judge should not sit on a case where they are also a witness, that normal rule should not have applied here. Courts normally apply a “rule of necessity” to these sorts of cases which establishes that “a judge is not disqualified to [hear] a case because of a personal interest in the matter at issue if ‘the case cannot be heard otherwise.’”

Gableman, who provided the final vote immunizing Prosser, benefited in the past from a similar vote by his conservative colleagues. An ethics case against Gabelman for running a false ad against his predecessor was dropped his fellow conservatives voted to effectively kill it.

Justice

New York Congressman Facing More Ethics Allegations For Failing To Disclose Privately Funded Travel

Rep. Michael Grimm (R-NY)

Rep. Michael Grimm (R-NY)

Rep. Michael Grimm (R-NY) is a magnet for ethical allegations. Most significantly, he is reportedly already under a federal grand jury investigation for allegedly accepting donations from non-U.S. citizens and donations over the legal limit, and for allegedly pressuring a New York rabbi to raise campaign funds. Grimm has denied any wrongdoing.

As that investigation proceeds, Grimm now faces new ethics allegations, this time over his repeated failure to disclose a privately funded trip to Cyprus. The New York Times reports that though Grimm did receive pre-approval for his trip from the House Ethics Committee, he neglected to file the required disclosures afterwards:

Mr. Grimm did not file required paperwork about the trip, which was paid for by a private organization, with the House clerk, according to Congressional records. Nor did he initially report the Cyprus trip on his Congressional financial disclosure filing in May, even though he did list [an] Israel trip, according to the records.

But in June, Mr. Grimm amended his financial disclosure filing to report the Cyprus trip, the records show. The amended filing came one day after his host on the trip, Peter Papanicolaou, the president of the Cyprus Federation of America, which paid for the $6,890 visit, was arrested in Brooklyn on federal corruption charges.

Despite House Majority Leader Eric Cantor’s (R-VA) promised “zero-tolerance” policy on ethical scandals, House Republicans have taking no action against Grimm.

NEWS FLASH

House Ethics Committee Fines Rep. Laura Richardson For Violating Federal Law, House Rules | The House Committee on Ethics unanimously reprimanded Rep. Laura Richardson (D-CA) for “improperly using House resources for campaign, personal, and nonofficial purposes,” “requiring or compelling her official staff to perform campaign work,” and “obstructing the investigation of the Committee.” Richardson agreed to pay a $10,000 fine for these violations of both federal law and the House Code of Official Conduct.

Justice

Former Clerks Accuse Pennsylvania Supreme Court Justice Of Major Ethical Violations

Suspended PA Supreme Court Justice Joan Orie Melvin (R)

Suspended PA Supreme Court Justice Joan Orie Melvin (R)

For the past several weeks, Pennsylvania Supreme Court Justice Joan Orie Melvin (R) has been under suspension from her job and indictment for four felonies and five misdemeanors. In a preliminary hearing yesterday, former clerks alleged that they had been forced to work on her campaign and asked to falsify records to obtain “street money” to get people to the polls.

The Pittsburgh Post-Gazette reports:

[Former former Orie Melvin chief law clerk Lisa] Sasinoski referred back to an incident just before the 2003 general election when she claimed that Janine Orie, the judge’s sister and office manager, asked her to copy receipts and vouchers of her travels with the judge, to make it appear the judge’s other sister, Sen. Jane Orie, accompanied them in their campaign travels. In that way, they could get a check from the campaign treasury, write it out to Jane Orie for reimbursement, and she would then in turn provide the campaign cash to be used as street money. She explained that street money was used to encourage and help people get to the polls.

Now an employee of Justice Max Baer, Ms. Sasinoski testified that at the end of the 2003 election season, she told Ms. Orie Melvin that she could no longer participate in political activity. Two days later, she said Janine Orie demanded her court and building ID.

Another former clerk also testified that she experienced retaliation after she declined to work for Orie Melvin’s campaign on election day.

Special interests and the legislature’s GOP majority killed a constitutional amendment earlier this year that would have switched from elected appellate judges to a merit-based selection system.

The Scranton Times-Tribune, Philadelphia Daily News, and the Philadelphia Bar Association have called for Justice Orie Melvin to resign. While she has refused to do so, the Supreme Court has already split three-three on at least one case and may effectively mean major decisions will be made by lower court judges.

Justice

How One House Candidate Turned A Taxpayer-Funded Lobbyist Into A Personal Fundraiser

Congressional candidate Maggie Brooks (R)

Congressional candidate Maggie Brooks (R)

Maggie Brooks (R) has been County Executive for Monroe County, NY, since 2004. After nearly a decade as chief executive of the Rochester, NY-area county — population of 744,000 — Brooks is currently the Republican nominee for U.S. House of Representatives, challenging 13-term incumbent Rep. Louise Slaughter (D). And, according to her most recent disclosure forms, she is receiving significant help from a long-time lobbyist supporter who has done very well under the tenure — a potentially serious conflict of interest.

Bruce Fennie, a Rochester-based federal lobbyist has raised at least $19,200 in “bundled” contributions for Brooks’ Congressional campaign and contributed the legal maximum of $2,500. Fennie is the only lobbyist bundler identified to date as having raised a significant amount for Brooks. And this support is nothing new — New York State campaign finance disclosure records show Fennie gave tens of thousands to her county races over the years.

Why is Fennie so enthusiastic about Brooks? One reason may be that, during her tenure as County Executive, almost all of his lobbying contracts over Brooks’ tenure have been with her county’s government. The Rochester Democrat and Chronicle reported in 2010:

Fennie, a former executive in Rochester for the communications division of Florida-based Harris Corp., and his three employees earned $660,000 last year representing five public-sector clients in Monroe County.

They were paid $260,000 by the Monroe County Water Authority, $160,000 by Monroe Community College and $80,000 each by Monroe County, the Monroe County Airport Authority and the Monroe County Department of Transportation, according to public disclosure reports he filed with the House of Representatives.

The Monroe Community College was the only such institution in the state of New York to be paying a federal lobbyist. And, the Democrat and Chronicle notes, Brooks even accompanied Fennie on a Washington lobbying trip in March.

While a Brooks spokesman told the paper that all of Fennie’s contracts were with “independent authorities that do not report to the county or the county executive,” and claimed none were with the county itself, the paper noted that that statement was apparently false. A ThinkProgress review of lobbying disclosure forms confirms that Fennie has directly represented the county since 2008 and receives $80,000 a year for his services.

While her campaign website boasts that Brooks is “well-known for her fiscally responsible leadership and commitment to best serving the interests of local taxpayers,” not everyone believes the county’s spending on Fennie’s lobbying firm was a good use of funds. In a 2010 column, Republican Rochester talk show host Bob Lonsberry observed that the apparently symbiotic relationship between Brooks and Fennie “smells” and “makes you wonder what the behind-the-scenes connection is.”

Neither Fennie nor the Brooks campaign responded immediately to a request for comment.

Politics

EXCLUSIVE: Romney Bundler A Registered Foreign Agent For Hong Kong

Tom Loeffler

Tom Loeffler

Newly released lobbyist bundler disclosure records filed by the Mitt Romney campaign show that Tom Loeffler raised at least $17,500 in bundled contributions for the campaign over the first six months of 2012. Loeffler, a former Republican U.S. Representative from Texas and a lobbyist at Akin Gump represents a wide array domestic clients including USAA, NextgenID, and the Texas Association for Home Care & Hospice. But a ThinkProgress review of Foreign Agent Registration Act reveals that Loeffler registered in February as a registered agent for a foreign government: the Hong Kong Trade Development Council (HKTDC).

The agreement — signed by Loeffler — stipulated that, from February 13 through June 30, 2012, he would “protect, promote, assist and develop Hong King’s economic and trade interests in the United States of America” by working with Congress and the executive branch. In exchange, the HKTDC agreed to pay Akin Gum $35,775 per month. The Romney bundling all took place during the time Loeffler was under this initial contract, though it is unclear whether the contract was renewed at the end of June.

Loeffler has a long history of raising money for Republican presidential candidates. In 2008, Loeffler stepped down from his position as a national finance co-chair for John McCain’s campaign when Newsweek discovered that he had lobbied on behalf of Saudi Arabia. But Romney’s campaign has welcomed him back into the campaign fundraising fold.

Romney’s campaign, while being highly critical of China and the Obama administration’s approach to it, has organized campaign fundraising events in Hong Kong for U.S. citizens living there. He has also come under fire for apparently profiting from Bain investments in a company that provides surveillance cameras for the Chinese government to spy on its own citizens.

Loeffler is the second lobbyist bundler for the Romney campaign identified by ThinkProgress as a registered foreign agent: in January, the Romney campaign disclosed bundler Ignacio E. Sanchez — a registered foreign agent for both the United Arab Emirates and a birther presidential candidate in the Dominican Republic. Romney has not voluntarily disclosed the names of his campaign bundlers, but a 2007 law requires that federal candidates disclose the names of any registered lobbyists who bundle large amounts for their campaign.

By contrast, President Obama does not accept campaign contributions donated or bundled by federal lobbyists or foreign agents and has called for a ban on bundlers lobbying. His campaign voluntarily discloses all of its major bundlers, as did Sen. John McCain (R-AZ) and President George W. Bush (R) in their 2000, 2004, and 2008 races.

Founded in 1966, the HKTDC promotes “Hong Kong as a platform for doing business with China and Asia.” Hong Kong is a semi-autonomous city, but a part of China.

Loeffler did not immediately respond to a request for comment.

Justice

Scott Walker Stacks Ethics Commission With ‘Fiercely Conservative’ Members Picked By A Corporate Lobbyist

Conservative Wisconsin Supreme Court Justice David Prosser, an ally of Gov. Scott Walker (R-WI), is currently facing ethics charges due to allegations that he placed a fellow justice in a chokehold during an argument. Walker, however, now appears to have adopted a selection process for new members of this commission that will ensure Prosser will receive favorable treatment in the future:

Gov. Scott Walker relied on recommendations from a former Assembly speaker who once worked for state Supreme Court Justice David Prosser in appointing members of a commission investigating Prosser, newly released records show.

Three of the five people Walker appointed to the state Judicial Commission earlier this year were presented to the governor by former Assembly Speaker John Gard, the president of Wisconsin Businesses Inc. and a former lobbyist for school voucher proponents School Choice Wisconsin.

Gard told an aide to Walker that he had found people for the commission who were “fiercely conservative” and “will never wimp out,” according to an email recently released along with other documents under the state’s open records law. Gard also wrote that he’d told one of the appointees “what we were looking for and (he) said he would do it if needed,” but Gard’s email didn’t provide more specifics than that.

If it were not for the fact that a state governor’s decisions actually impact millions of lives, this kind of backroom dealing would be comic. Here we have a corporate lobbyist and former staffer to a prominent politician handpicking the people who will investigate whether that same politicians violated ethics rules — and all the time promising that these “fiercely conservative” appointments can be relied upon to toe the party line on an ethics commission.

The mere fact that in Scott Walker’s Wisconsin there is a party line to be toed on ethics is itself extraordinary.

NEWS FLASH

Republican Congressman Dodges CNN Cameras To Avoid Answering Questions About Ethics Probe | Rep. Vern Buchanan (R-FL) — who is currently under at least “four congressional and federal investigations“– dodged CNN cameras as he sought to avoid answering questions about allegations that he tired to tamper with a witness in a Federal Election Commission investigation. Buchanan, in charge of fundraising for the Republican Congressional Campaign Committee, is suspected of orchestrating a cash-swap deals in which he pressured employees of his car dealerships to donate to his Congressional campaigns and later reimbursed them for their contributions. Once the charges came to light, Buchanan allegedly tried to pressure the central witness in the investigation, a former business partner, to sign a false affidavit stating that the congressman was not aware of the deals. Watch as Buchanan dodges questions about the matter:

NEWS FLASH

FBI Still Probing GOP Rep’s Campaign Finances | The New York Observer’s Colin Campbell reports that the F.B.I. reached out to at least one person in recent weeks about Rep. Michael Grimm’s (R-NY) allegedly illegal campaign financing in his 2010 race. In early March, the AP reported that the F.B.I. was considering a formal investigation, compounded by June revelations that Grimm spent more than $300,000 out of his campaign coffers on mounting legal fees. In a statement to the Observer, Grimm denied any wrongdoing and “welcome(d) the news that (the probe) is heading towards completion.” Despite a pledge by Republican House leader Eric Cantor (R-VA) to maintain “zero tolerance” of ethics scandals, Republicans continue to stand by Grimm, who himself has in the past been soft on ethics violators.

NEWS FLASH

Rep. Vern Buchanan Must Testify Under Oath | Rep. Vern Buchanan (R-FL), who is reportedly already facing multiple House Ethics investigations and a federal grand jury probe, will have to testify under oath in a lawsuit involving a former business partner who alleges the Congressman designed a scheme to violate federal election laws. Buchanan unsuccessfully sought to force the matter to arbitration, which would have spared him having to testify. Despite Majority Leader Eric Cantor’s promised “zero-tolerance” policy on ethical scandals, Buchanan continues to serve on the powerful House Ways and Means Committee and as finance vice chair for the National Republican Congressional Committee (the House GOP’s campaign arm).

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