# Ethics



Grassley, Ernst silent as Trump, Barr continue purge

Another Friday night has brought another irregular ouster of a federal official whose work should be insulated from politics.

Four days later, U.S. Senator Chuck Grassley, a self-styled warrior for oversight and accountability in Washington, has said nothing. Neither has Senator Joni Ernst, who like Grassley serves on the committee that oversees the justice system.

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No end to the bizarre antics--and the irony--of Donald Trump

Herb Strentz reflects on the president’s June 20 rally in Tulsa. -promoted by Laura Belin

In a fitting start to his re-election campaign, President Donald Trump gave a stump speech riddled with falsity. And in keeping with the bizarre nature of the Trump presidency, he did so in an arena known by the same name as a world-renowned scholar on the importance of being truthful.

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Chuck Grassley can't quit covering for Trump on Russia

For the fourth time in less than two months, President Donald Trump has fired an inspector general who had stirred up trouble for him or his political allies.

Iowa’s senior Senator Chuck Grassley has championed whistleblowers and inspectors general for decades. Yet just like last month, he declined to condemn Trump’s retaliatory move. Grassley didn’t mention State Department Inspector General Steve Linick’s dismissal on his widely-viewed Twitter feed this weekend. Meanwhile, his office released a statement that dinged Linick for not looking into “the State Department’s role in advancing the debunked Russian collusion investigation.”

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Baseball scandal shows how low we go

Tom Witosky was an investigative reporter for the Des Moines Register in politics, sports, and business for 33 years prior to his early retirement in 2012. He is also the co-author of Equal Before the Law: How Iowa led Americans to Marriage Equality. -promoted by Laura Belin

It’s time we all acknowledge one single truth about what we have done to our country: We’ve lost our moral authority.

And we are all to blame for it no matter which side of the political spectrum you sit.

How do I know that?

It’s simple really. It’s about baseball.

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AP pulls back curtain on coordination between Ernst aides, dark money

U.S. Senator Joni Ernst introduced a potential major donor to one of her campaign’s fundraisers, who later asked that person for a “an investment of $50,000” in a dark money group backing Ernst’s re-election, Brian Slodysko reported for the Associated Press on December 6.

Slodysko’s scoop uncovered what may be illegal coordination between the Ernst campaign and the Iowa Values group, which can accept unlimited contributions without disclosing donors.

It wasn’t the first time Ernst’s campaign ventured into a gray area.

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A few thoughts on campaign donations and Iowa caucus endorsements

Former Iowa House Speaker Pat Murphy resigned as state political director for Tom Steyer’s presidential campaign on November 8, a day after Alexandra Jaffe reported for the Associated Press that Murphy “privately offered campaign contributions to local politicians in exchange for endorsing his White House bid, according to multiple people with direct knowledge of the conversations.”

Among politically active Iowans, reaction to Jaffe’s scoop ranged from anger to disappointment to a shrug: “Isn’t this long accepted practice?”

No. While presidential hopefuls and their affiliated committees have often donated to Democratic candidates and party organizations, hoping for future support, it is rare for anyone to dangle a possible donation in exchange for an endorsement.

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Iowa campaign regulator searching for new executive director

The Iowa Ethics and Campaign Disclosure Board will soon hire a new executive director. Megan Tooker, who has held the position since December 2010, is leaving to pursue unspecified new opportunities, she told Bleeding Heartland on November 4.

The ethics board is one of the smallest state agencies and enforces Iowa law on campaign finance disclosures, government ethics and lobbying the executive branch, and gifts to public officials.

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Joni Ernst tweets about aliens, silent on Trump pushing Ukraine for political gain

U.S. Senator Joni Ernst is among Ukraine’s most vocal supporters in Congress. While in college, she visited the Ukrainian Republic of the USSR as part of an agricultural exchange. Now a member of the bipartisan Senate Ukraine Caucus, she has met with high-level Ukrainian officials in Washington and Kyiv, advocating for the U.S. to “make it clear to Russia that we will stand by Ukraine in the face of unjustified aggression.”

Yet Iowa’s junior senator has been silent this week as multiple news organizations reported that President Donald Trump abused his power to seek political assistance from his Ukrainian counterpart.

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Where are they now? Matt Whitaker edition

Matt Whitaker will become a managing director for the Kansas City-based Clout Public Affairs consulting firm, Jennifer Jacobs of Bloomberg News was first to report on August 1. Whitaker served as chief of staff for U.S. Attorney General Jeff Sessions for a little more than a year before President Donald Trump named him acting attorney general in November 2018, flouting a federal law and a constitutional requirement that anyone holding that position be confirmed by the U.S. Senate.

Whitaker stepped down as acting attorney general in February, after the Senate confirmed William Barr. He was “counselor in the associate attorney general’s office” for just a few weeks before leaving the Justice Department in early March. Jacobs tweeted on August 1, “There was speculation Trump would appoint Whitaker to another admin job, but the president so far hasn’t made any moves to do so, I’m told.”

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Why was Jerry Foxhoven worried?

Jerry Foxhoven has shed more light on the disagreement that preceded his forced departure as Iowa Department of Human Services director last month. On July 24 he told David Pitt of the Associated Press “that he declined to approve paying the salary of Elizabeth Matney, who left DHS on May 17 to accept a job as Gov. Kim Reynolds’ adviser on health policy.”

Staff for Reynolds disputed Foxhoven’s account, saying he never raised concerns about covering Matney’s salary and wasn’t fired for that reason. They also noted that for many years, state agencies including DHS have occasionally paid employees working in the governor’s office.

Foxhoven’s aware of that precedent, having signed some of the relevant documents himself. So why would he question the legality of this arrangement? The former director’s comments to reporters and records obtained by Bleeding Heartland provide some clues.

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Some county treasurers have flouted Iowa gift law for years

Enforcement of Iowa ethics law is a joke.

Dubuque County Treasurer Eric Stierman and Winneshiek County Treasurer Wayne Walter stayed for free in a vendor’s Florida condo a few months ago, Ryan Foley reported for the Associated Press on March 13. The condo’s owner is Marc Carr, whose company GovTech Services collects local taxes for most of the state’s counties. The officials “denied any wrongdoing, describing Carr as a friend with whom they had previously vacationed in Florida.”

Iowa gift law does not exempt friends or vacations. While Stierman and Walter committed a particularly outrageous violation, their disregard for the code is hardly surprising.

For years, the Iowa State County Treasurer’s Association and the Iowa State Association of Counties have enabled and encouraged gifts to county treasurers from GovTech and SRI Incorporated, which handles online tax auctions. Since 2014, the two companies have paid for scholarships available only to children and grandchildren of county treasurers or their employees.

The mission of the association of counties is “to promote effective and responsible county government.” Yet the group’s top attorney Kristi Harshbarger helped devise a scheme to offer the scholarships despite the apparent gift law problem. Later, Harshbarger pushed back hard against an ethics board opinion that the program did not comply with the statute.

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59 senators defended the constitution. Not Chuck Grassley or Joni Ernst

President Donald Trump will soon cast his first veto. The U.S. Senate approved on March 14 a resolution disapproving of Trump’s declaration of emergency powers. All 47 members of the Democratic caucus and twelve Republicans voted for the resolution (roll call). Iowa’s Senators Chuck Grassley and Joni Ernst were among the 41 Republicans to oppose terminating Trump’s power grab.

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Iowa Senate broadens ethics code, but not transparency rules

Iowa state senators have amended their chamber’s ethics code following a high-profile complaint against Democratic Senator Nate Boulton, which was dismissed late last year.

The new language cover actions occurring outside the capitol building and allows citizens to file a complaint more than three years after an incident. However, the updated code would still lead to dismissal of a complaint like Sharon Wegner’s allegations against Boulton.

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Do Waukee schools have revolving doors?

Clive resident Tyler Higgs was a candidate for the Waukee school board in 2017. -promoted by Laura Belin

Former Waukee school board president Susan Bunz applied for a district job in the same month she voted to create the position, according to a spokesperson for the district.

Bunz served as board president at the time of the vote and job application. The job she applied for had duties similar to a Human Resources Director position that Bunz had voted to eliminate one year prior. The former human resources director received a $985,000 settlement after suing the district for alleged wrongful termination. Here is a timeline of relevant events:

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Recognizing Bleeding Heartland's talented 2018 guest authors

The Bleeding Heartland community lost a valued voice this year when Johnson County Supervisor Kurt Friese passed away in October. As Mike Carberry noted in his obituary for his good friend, Kurt had a tremendous amount on his plate, and I was grateful whenever he found time to share his commentaries in this space. His final post here was a thought-provoking look at his own upbringing and past intimate relationships in light of Dr. Christine Blasey Ford’s allegations against Judge Brett Kavanaugh.

Friese was among more than 100 guest authors who produced 202 Bleeding Heartland posts during 2018, shattering the previous record of 164 posts by 83 writers in 2017. I’m thankful for every piece and have linked to them all below.

You will find scoops grounded in original research, commentary about major news events, personal reflections on events from many years ago, and stories in photographs or cartoons. Some posts were short, while others developed an argument over thousands of words. Pieces by Allison Engel, Randy Richardson, Tyler Higgs, and Matt Chapman were among the most-viewed at the site this year. In the full list, I’ve noted other posts that were especially popular.

Please get in touch if you would like to write about any political topic of local, statewide, or national importance during 2019. If you do not already have a Bleeding Heartland account, I can set one up for you and explain the process. There is no standard format or word limit. I copy-edit for clarity but don’t micromanage how authors express themselves. Although most authors write under their real names, pseudonyms are allowed here and may be advisable for those writing about sensitive topics or whose day job does not permit expressing political views. I ask authors to disclose potential conflicts of interest, such as being are a paid staffer, consultant, or lobbyist promoting any candidate or policy they discuss here.

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Highlights from the Rod Blum ethics investigation

The Office of Congressional Ethics found “substantial reason to believe” Representative Rod Blum failed to accurately report all of his business interests on his disclosure forms, and also “substantial reason to believe” the internet company Tin Moon misused Blum’s official photo and “utilized deceptive, false, or unsubstantiated endorsements.”

In a referral approved in July and first published today, the non-partisan office asked the U.S. House Ethics Committee to further investigate possible violations of “federal law, House rules, and standards of conduct.” The report further recommended that the House committee subpoena Blum and top associates, who refused to cooperate with the OCE review. But don’t expect any more shoes to drop: having lost his re-election bid, Blum will not be subject to the committee’s jurisdiction in a couple of weeks.

The full report and supporting exhibits are well worth reading. I’ve enclosed those documents at the end of this post, along with Blum’s combative response to the findings. Some noteworthy highlights:

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Nate Boulton's victim-blaming is harmful and unnecessary

State Senator Nate Boulton responded this week to the misconduct allegations now standing in the way of his full participation in Iowa Senate business next year.

Two of the points he raised would likely have been sufficient to convince Iowa Senate Ethics Committee members to dismiss the complaint against him when they consider the matter on December 20.

Unfortunately, Boulton chose not to leave it there. Most of his written response supports a third argument, seeking to discredit his accuser. The victim-blaming was not only unnecessary, but harmful.

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They actually brought pitchforks

Tyler Higgs reflects on the Waukee school board’s latest meeting, four days after a state audit identified some $130,000 in disbursements that were either improper or “not in the best interests of taxpayers.” -promoted by desmoinesdem

Passion flared at the Waukee School Board meeting last night in what was the latest display of outrage. Civil uprisings seem to be par for the course these days, from the “Indivisible” movement of the last two years to the “Tea Party” before that. These uprisings are an American tradition going back to the civil rights movement and the Declaration of Independence. Heck, angry constituents demanding to be heard is practically an American pastime. It’s what people do in a democracy when they feel they have no other way of being heard. When politicians ignore the People, open dialogue turns into pitchforks.

Our elected officials are flawed human beings — some more than others. They make mistakes, sometimes big ones, and it’s our job to call them out — to demand them to be “more perfect”. When they mess up, as we all do, elected officials sometimes look at the high standards we have for them and think, “I can’t own up to this. They’ll bring out the pitchforks.” It’s this thought process, I think, that creates a self-fulfilling prophecy. By denying the problem or doubling down on a cover-up, they make it worse.

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Nate Boulton has no Iowa Senate committee assignments, for now

Iowa Senate Minority Leader Janet Petersen has not assigned State Senator Nate Boulton to serve on any committees during the 2019 legislative session. In a written statement released on December 7, Petersen said, “I will defer making any committee assignments for Senator Boulton until the Senate Ethics Committee completes its ongoing investigation into the complaint filed against him.” In that complaint, filed last month, Sharon Wegner alleged sexual misconduct occurring in 2015, when Boulton was a candidate for the legislature.

Much of the legislature’s work happens in committees, so Petersen’s action will significantly limit Boulton’s ability to influence bills next year.

The move also indicates that Democratic leaders are unlikely to ask Boulton to lead the opposition to high-profile Republican bills during Senate floor debate, as happened several times in 2017 and 2018.

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Waukee School District audit exposes more shenanigans (updated)

Tyler Higgs is an activist in Clive and a former candidate for Waukee school board. -promoted by desmoinesdem

The audit report of Waukee School District has been released, exposing more incidents of corrupt and/or inept management at the highest levels of the district. The full report is enclosed below, along with a summary of key findings.

I previously discussed some of these issues, but for those unfamiliar with the ongoing saga, here’s a refresher:

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Nate Boulton now subject of Iowa Senate ethics complaint

The Iowa Senate Ethics Committee has received a formal complaint from Sharon Wegner regarding alleged sexual misconduct by Nate Boulton before he was elected to the legislature, Brianne Pfannenstiel reported for the Des Moines Register on November 19. It’s unclear whether the complaint will lead to a broader investigation of Boulton, who has ignored calls from some leaders of his caucus to resign.

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Ethics board investigating pro-Republican law-breaking in Iowa House race

A pro-Republican mailing to thousands of Warren County households last month was not only sleazy, but also unlawful.

The Iowa Ethics and Campaign Disclosure Board will investigate who paid to send a letter attacking Democratic State Representative Scott Ourth “to every mailbox in Iowa House district 26” and “what campaign finance laws were violated in the process.”

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Seven ways Mary Mosiman helped bury ISU's airplane scandal

A year ago this week, State Auditor Mary Mosiman released the findings from her office’s only examination of the wide-ranging scandal surrounding former Iowa State University President Steven Leath’s use of university-owned airplanes.

To say the self-styled “taxpayer’s watchdog” failed to properly investigate Leath’s personal trips on the taxpayer’s dime would be an understatement.

Mosiman did not try to find out how many times Leath misused ISU’s airplanes or how much his personal travel cost the university. Because the auditor looked the other way, Iowans will never know the scope of a top official’s misconduct at a large public institution.

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IA-01: What oil and gas investments is Rod Blum failing to disclose?

Linn County constituent Caleb Gates found inconsistencies on Representative Rod Blum’s recent personal financial disclosure forms. -promoted by desmoinesdem

Members of Congress should serve “we the people.” Because U.S. House members make laws and have access to privileged information, federal law requires them to disclose their financial investments, income, and liabilities every year. According to the U.S. House Ethics Committee, members of Congress must also file a Periodic Transaction Report (PTR) every time they sell, purchase, or exchange more than $1,000 of any stock, bond, or security. This PTR must be filed within 45 days of the transaction.

Representative Rod Blum seems to believe these rules do not apply to him.

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Attorney sues over dismissal of ethics complaint on Kim Reynolds flights

Des Moines attorney Gary Dickey has filed a lawsuit seeking to force Iowa’s campaign regulator to consider whether Governor Kim Reynolds’ campaign undervalued private jet flights reported as in-kind donations. Dickey maintains that the fair market value of travel between Des Moines and Memphis far exceeds the $2,880 listed on Reynolds campaign filings after the governor’s family flew on a state vendor’s plane to watch Iowa State University’s football team play in the Liberty Bowl. The Iowa Ethics and Campaign Disclosure Board unanimously dismissed his formal complaint as “legally insufficient” last month.

Dickey’s lawsuit declares that action “not only incorrect” but also “indefensible.”

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Iowa lawmaker allowed to use campaign funds to rent building he owns

State Representative Mike Sexton may continue to spend $400 each month in campaign funds to rent part of a building he owns, Iowa Ethics and Campaign Disclosure Board executive director Megan Tooker has determined.

As Bleeding Heartland reported in August, Sexton stored campaign materials for free at his home for nearly two years after re-entering political life. While running for re-election to Iowa House district 10 in 2016, the Republican lawmaker began renting space for his campaign in one of two commercial buildings he and his wife had recently purchased. As of July 2018, the real estate company registered by Rebecca Sexton had received a total of $11,200 from the campaign.

I brought the matter to Tooker’s attention because although an administrative rule allows the use of campaign funds for office expenses, including rent and utilities, I had never seen an Iowa lawmaker or legislative candidate spend so much for that purpose. I questioned whether $400 per month reflected the fair market value for storage and office space in Calhoun County, as required by Iowa law. In addition, I thought the campaign expenditures might be construed as delivering a “personal benefit,” since the payments would either supplement the Sextons’ household income or cover part of the contract on the couple’s real estate investment.

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Seven riveting passages from Politico's profile of Kent Sorenson

Anyone who has followed Iowa politics during the past decade must read Tim Alberta’s profile of former State Senator Kent Sorenson in the latest edition of Politico Magazine. “Kent Sorenson Was a Tea Party Hero. Then He Lost Everything” is fascinating from beginning to end, so I strongly encourage clicking through to read the whole piece.

Having covered Sorenson’s legislative career and intensely disagreed with nearly everything he stood for, I was genuinely moved to learn how his outlook has changed over the past few years. Some passages that caught my eye are after the jump.

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Attorney: Ethics board erred in dismissing complaint on Reynolds flights

Des Moines attorney Gary Dickey has asked the Iowa Ethics and Campaign Disclosure Board to reconsider its recent vote to dismiss his complaint related to free private plane flights provided to Governor Kim Reynolds and her family last year. The Reynolds campaign received prior approval from ethics board executive director Megan Tooker that the flights could be declared as an in-kind campaign contribution and would not be considered a violation of Iowa’s gift law.

David North, CEO of the Sedgwick corporation, covered the cost of travel to and from Memphis on December 30, 2017. In a complaint filed last week, Dickey asserted that the Reynolds campaign “underreported the fair market value” of that private jet service. If the board does not reconsider its decision, Dickey plans to appeal the agency’s action to district court.

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IA-Gov: New Register poll points to winning paths for Hubbell, Reynolds

If Iowans were voting for governor today, 43 percent would support Democrat Fred Hubbell and 41 percent Governor Kim Reynolds, according to a new poll by Selzer & Co for the Des Moines Register and Mediacom. Another 9 percent of the 555 likely voters surveyed were undecided, and 7 percent backed Libertarian Jake Porter. The poll validates the view of leading election forecasters that the governor’s race is a toss-up. Selzer’s poll has a margin of error of plus or minus 4.2 points.

If this snapshot of the race accurately reflects the views of Iowans likely to vote in November, I’d rather be Hubbell than Reynolds. An incumbent barely above 40 percent despite much higher name recognition than her opponent is not in a strong position. Nevertheless, the Register’s survey points to ways either Reynolds or Hubbell could improve their prospects during the final six weeks of the campaign.

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Ethics, legality and Iowa's governor

Richard Lindgren critiques the way ethics boards dominated by lawyers, such as Iowa’s campaign regulator, typically analyze controversial actions. -promoted by desmoinesdem

A recent Associated Press news story parsed through the repeated practice of Kim Reynolds, current governor of Iowa, of taking trips using planes owned by businessmen who do substantial business with the state. The most recent incident, involving a vendor handling state workers’ compensation claims, was approved by the executive director of the Iowa Ethics and Campaign Disclosure Board, so it must be ethical, right?

The reality is that ethics boards dominated by lawyers, such as Iowa’s board (the executive director and the board chair are both lawyers), tend to slip into a very bad habit of equating whether an action is ethical based on whether or not it is legal. To use another Iowa example from another agency, there are many hog lots now in rural Iowa that have met the “legality” tests on their placement and practices, but if you ask any adjacent neighbor, the smell is overpowering and undeniable.

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