Tag Archives: state politics

Kelli Ward aided in ‘coup attempt’

PHOENIX — The attorney for the U.S. House is urging the Supreme Court to reject a last-ditch effort by the head of the Arizona Republican Party to shield her phone records from the committee looking at the causes of the Jan. 6 riot at the Capitol.

In a filing late Friday, Douglas Letter said Kelli Ward was involved in activities, not only around the time of the 2020 election but for months after, that led to the riot. And that, he told the justices, gives the panel the legal responsibility and the right to find out with whom she was communicating.

“Dr. Ward aided a coup attempt,” Letter said.

“She tried to stop the vote count in Maricopa County, tried to arrange contact between President (Donald) Trump and a top county official, promoted inaccurate allegations of election interference by Dominion Voting Systems, and served as a fake elector as part of Trump’s scheme to overturn the election on Jan. 6 by sending Congress spurious electoral slates in contravention of the actual electoral outcome in several states,” he wrote.

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Letter also said the court should reject arguments by Ward that what is formally known as the Select Committee to Investigate the January 6th Attack on the United States Capitol, will use the information to contact every person who communicated with her during and after the election.

“The Select Committee has no interest in contacting persons simply because they communicated with Dr. Ward during that period,” he said. And Letter noted that the subpoena seeks only the phone numbers of those people called and texted by Ward between Nov. 1, 2020 through Jan. 31, 2021, and those who called and texted her in the same period, along with the length of any phone calls — but not the content of any communications.

Instead, Letter said the data will be merged with similar phone records the committee already has obtained to essentially build a road map of who was communicating with whom.

“The interest is in information regarding persons who had key ties to the unprecedented effort to overturn the presidential election,” he said. And that, said Letter, includes individuals outside of Arizona.

“The Select Committee has reason to believe Dr. Ward communicated with such people, and learning more about such conversations will help the Select Committee understand the facts, circumstances and causes relating to the Jan. 6 attack,’’ the specific charge of the panel,” he said. “These records will shed light on how Dr. Ward contributed to the multi-party effort to interfere with the peaceful transition of power and the attack on the U.S. Capitol.”

Ward has said the alternate slate of electors prepared to cast the state’s 11 electoral votes for Trump, despite the official tally showing Joe Biden had won Arizona, was not an illegal effort to mislead Congress. Instead, she has argued it was a bid to have Republican electors in place should courts or Congress reject the official slate.

But Letter said all that was part of a larger plan, hatched by Trump and his allies, to get Congress — or at least Vice President Mike Pence who was presiding over the Senate on Jan. 6 — to ignore the legal returns.

And all that, Letter told the justices, were part of the ways Ward “sought to overturn the presidential election, culminating in participation in a fake elector scheme that — regardless of whether she intended it — helped lay the groundwork for the Jan.6 attack on the Capitol.”

Ward’s petition to the Supreme Court is her last chance to keep the information confidential or delay release beyond Jan. 3 when the committee will cease to exist. Both a trial judge in Arizona and the 9th Circuit Court of Appeals have rebuffed her request to keep T-Mobile, her phone provider, from complying with the subpoena.

Ward, however has picked up support from an unusual coalition of groups who are telling the justices that they should block the committee from accessing her phone records.

In a legal brief filed also Friday, Attorney William Olson said it appears the committee has started from the position that what occurred in 2020 was the “most secure election in history.” What the panel is trying to do, he said is undermine those who believe otherwise.

But it’s more than that.

“The committee has pointedly refused to consider any evidence that does not support its preconceived notions,” said Olson.

“The committee has refused to consider any of the credible evidence demonstrating that election laws were broken in swing states and behest of courts and election officials in support of the prevailing candidate,” he continued. “The committee has no interest in whether those election violations may have changed the outcome of the election, or at least created a very reasonable belief on the part of supporters of the losing candidate that the outcome was corrupted.”

In fact, Olson claims the “indisputable historical record proves that numerous state election officials in swing states defined state election laws relating to absentee balloting, likely leading to an inaccurate vote count.

“The committee has insisted that those who question the 2020 election are lying,” he told the court.

Some of those Olson represents are clearly in the camp of those who believe the election was stolen from Trump. That includes the Conservative Legal Defense and Education Fund which is financing Expose the Steal.

But others come at the issue from a different perspective about protecting constitutional rights of free speech and association.

All that goes to what Olson said would be the effects of the justices upholding the subpoena.

“The individuals whose telephone communications with Dr. Ward would be made available to the committee would immediately feel the chilling effect of the subpoena,” he said. “They will be reluctant to continue communicating with Dr. Ward and with others who share Dr. Ward’s political positions.”

And Olson told the justices that if they allow the panel to get the phone records and the list of those who were in contact with Ward it will have broader effects on nonprofits involved in political issues.

“Efforts by government officials to learn the identity of those engaged Americans with different views strike at the heart of such nonprofit organizations,” he wrote. “Such intrusive government tactics are designed to, and do, discourage donors from giving to nonprofits, impair efforts to recruit and retain members, and cause those who work in association with nonprofits on their programs to rethink their involvement.”

And Olson said there are the indicators that the committee “is working in league with the Department of Justice to develop criminal cases.” Using congressional subpoenas, he said deprives those who get them the protections they would be entitled under criminal law.

Howard Fischer is a veteran journalist who has been reporting since 1970 and covering state politics and the Legislature since 1982. Follow him on Twitter at @azcapmedia or email azcapmedia@gmail.com.

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California Fast Food Wages Would Be Set by Government Under Bill Passed by State Legislature

California’s Legislature passed a bill Monday to create a government panel that would set wages for an estimated half-million fast food workers in the state, a first-in-the-U.S. approach to workplace regulation that labor union backers hope will spread nationally.

The bill, known as the Fast Act, would establish a panel with members appointed by the governor and legislative leaders composed of workers, union representatives, employers and business advocates. They would set hourly wages of up to $22 for fast food workers starting next year and can increase them annually by the same rate as the consumer-price index, up to a maximum of 3.5%.

A previous version of the bill passed by the state Assembly in January also allowed the council to oversee workplace conditions such as scheduling and made restaurant chains joint employers of their franchise’s employers, potentially opening them to liability for labor violations.

Representatives for companies including

McDonald’s Corp.

,

Yum Brands Inc.

and

Chipotle Mexican Grill Inc.

succeeded in having those provisions removed in the state Senate via amendments over the past week, though they still oppose the bill.

“This is the biggest lobbying fight that the franchise sector has ever been in,” said

Matthew Haller,

president of the International Franchise Association, a trade group whose members own many fast food restaurants.

A University of California, Riverside School of Business study commissioned by the franchisee association found that setting minimum wages between $22 and $43 would generate a 60% increase in labor costs and raise fast-food prices by about 20%.

California’s current minimum wage is $15 and is set to increase by 50 cents on Jan. 1.

The final version of the Fast Act passed both houses of the Democratic-controlled state Legislature on Monday. In both the Assembly and the Senate, all of the “yes” votes came from Democrats and every Republican who voted opposed the bill.

Democratic Gov.

Gavin Newsom

now has until Sept. 30 to decide whether to sign or veto the bill.

Mr. Newsom hasn’t taken a public stance on the current version of the bill, but his Department of Finance opposed the original version.

Labor unions backing the measure have long struggled to organize fast food workers, in part because the industry’s franchise model means there are so many different employers.

California lawmakers first floated the bill last year, with proponents arguing that tighter regulations were needed to protect fast food workers, who are overwhelmingly Black or Latino and who they say experience unpaid overtime and other labor violations.

The average U.S. home earned more last year than the average American worker. Prices for homes, groceries and gas are rising faster than Americans’ wages and that may be why sentiment and confidence have been so low recently. WSJ’s Dion Rabouin explains. Photo: Joe Raedle/Getty Images

Despite the recent changes, proponents said the bill is still a significant step forward. Lorena Gonzalez Fletcher, a former Democratic legislator who introduced the bill when she was in the Assembly, said it moves California closer to a labor model used in Europe where unions negotiate for wages and work conditions in an entire sector, rather than company-by-company.

“It’s still a big bold idea. And just the notion of giving workers a voice at the table will be fundamentally different for those workers,” said Ms. Gonzalez Fletcher, who now leads the California Labor Federation, the state’s largest union umbrella group.

The recent amendments call for the council to shut down in 2028 unless it is renewed, though inflation-adjusted wage increases for workers would continue.

The bill covers fast food restaurants that are part of a chain, that have limited or no table service and where customers order their food and pay before eating. The chain must have 100 or more locations nationally, up from 30 in a previous bill version.

California accounts for around 14% of total U.S. restaurant sales, and policy in the state tends to affect the rest of the sector, Citigroup Global Markets Inc. analysts wrote in a client note earlier this month.

Service Employees International Union President

Mary Kay Henry

said she hoped the bill would be a catalyst for similar movements across the country.

Investors have begun to ask about the act’s potential implications for restaurant chains at a time when companies are struggling with high food and labor costs, Wall Street analysts said.

“Obviously, we think it’s problematic on many, many fronts,” said

Paul Brown,

chief executive of Dunkin’ and Arby’s owner Inspire Brands Inc., in an interview. “I think it’s actually trying to solve a problem that doesn’t exist.”

Chipotle, Yum Brands, Chick-fil-A Inc., In-N-Out Burgers,

Jack in the Box Inc.,

and Burger King parent

Restaurant Brands International Inc.

have together spent more than $1 million to lobby lawmakers between 2021 and June 30 of this year, primarily on the Fast Act, state records show.

The International Franchise Association, which represents some 1,200 franchise brands, has spent $615,000 lobbying against the Fast Act and other legislation in that time.

Disclosures for lobbying spending since July 1 aren’t due until later this year, but industry advocacy against the bill has ramped up considerably during that time, people familiar with the effort said.

Labor unions have collectively spent more than $5 million to lobby the Legislature since the beginning of 2021, mostly on the Fast Act, state records show.

McDonald’s has encouraged franchisees around the country to email California lawmakers urging them to vote against the bill, according to a message viewed by The Wall Street Journal.

State Sen. Shannon Grove, a Republican, said on the Senate floor Monday that McDonald’s representatives told her that if the Fast Act becomes law, the company could stop expanding in California or leave altogether.

“Could we really survive without the golden arches?” Ms. Grove said.

Write to Heather Haddon at heather.haddon@wsj.com and Christine Mai-Duc at christine.maiduc@wsj.com

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New York’s Top Judge Resigns Amid Misconduct Proceeding

New York’s top judge announced her resignation while the state’s judicial commission was considering a complaint that she improperly attempted to influence a disciplinary hearing, according to people familiar with the matter.

New York State Court of Appeals Judge

Janet DiFiore,

66 years old, said in a Monday letter that she would step down on Aug. 31. In addition to leading the state’s highest court since 2016, Judge DiFiore was responsible for overseeing one of the largest state court systems in the country.

The state’s Commission on Judicial Conduct had been investigating Judge DiFiore for several months in connection with a complaint filed last year by

Dennis Quirk,

head of the court officers union, according to the knowledgeable people. The commission voted in June to serve Judge DiFiore with a formal written complaint alleging that she improperly used her official position to influence a disciplinary hearing involving Mr. Quirk, those people said.

The formal complaint could have led to a hearing before the commission, which has the power to privately caution judges or issue public admonitions or censures. The commission can also remove judges from office. However, it has no jurisdiction over jurists once they leave office, meaning her resignation effectively ends the investigation.

Mr. Quirk had been subject to a disciplinary hearing after court officials accused him of threatening to retaliate against Judge DiFiore in 2020. Mr. Quirk emailed the judge threatening to share information about her private life after a news report said she ordered an investigation into the union leader’s alleged racism, according to a copy of the email filed in a related court case.

Following the disciplinary proceeding, Mr. Quirk was temporarily suspended from his job as a court officer. In past interviews about the incident, he has denied any racist behavior.

In letter dated Aug. 24 of last year, Judge DiFiore wrote to

Phyllis Flug,

who was presiding over the hearing, that Mr. Quirk had a “childish temper tantrum” and that “absent significant sanction, he will be emboldened to engage in similar misconduct in the future,” according to a copy reviewed by The Wall Street Journal.

“I implore you to use your authority wisely to uphold the values of our entire court system,” Judge DiFiore also wrote in the message, which was printed on official letterhead.

New York’s rules of judicial conduct state that judges may not lend the prestige of judicial office to advance their private interests and cannot voluntarily testify as a character witness.

Deborah Scalise,

who represented Judge DiFiore in the matter, said, “Complaints such as Mr. Quirk’s are filed all the time. That is part of being a public official in this day and age.”

She said Judge DiFiore was planning her resignation for months and that it was “completely unrelated to Mr. Quirk’s complaint or any other external factors.”

Commission on Judicial Conduct administrator

Robert Tembeckjian

said he is prohibited from commenting on any commission matter.

Law360 previously reported that Judge DiFiore was under investigation by the Commission on Judicial Conduct.

Judge DiFiore said in her public resignation letter Monday that she was proud to have eliminated a backlog of cases, promoted racial equity and guided the court system through the pandemic. “It is time for me to move on to the next chapter of my professional life,” she wrote.

Judge DiFiore was the district attorney in Westchester County when she was nominated to the Court of Appeals by former Gov.

Andrew Cuomo

in December of 2015. She was sworn in two months later. She also previously chaired the state’s recently disbanded ethics watchdog, the Joint Commission on Public Ethics.

Legal groups praised her administration of the system, including increases to funding for civil legal services. In 2020, she commissioned a report that found racial disparities in hiring and a “culture of toxicity” among court officers.

She also wrote an opinion in April invalidating new maps for the House of Representatives drawn by Democrats in the state legislature, dealing a blow to the party’s efforts to maintain control of Congress.

Democratic Gov.

Kathy Hochul

will name Judge DiFiore’s successor from a list of names that will be provided by a screening commission. Ms. Hochul said that Judge DiFiore was a “critical asset” to the court system during the Covid-19 pandemic.

Write to Jimmy Vielkind at Jimmy.Vielkind@wsj.com and Corinne Ramey at Corinne.Ramey@wsj.com

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Andrew Cuomo Plans Comeback Months After Resigning Amid Sexual-Harassment Claims

Former New York Gov.

Andrew Cuomo

and his aides are intensifying an effort to revive his public standing, including discussing how to make his first public appearance since resigning in August, according to people close to him.

Mr. Cuomo and his remaining aides have been calling former allies and political operatives to complain about New York Attorney General Letitia James, who oversaw an investigation that concluded Mr. Cuomo sexually harassed 11 women, including current and former state employees. The former Democratic governor has denied touching anybody inappropriately and said the investigation was politically motivated.

The former governor’s lawyer, Rita Glavin, has held press briefings to release information about his accusers that she says undermines their credibility. Mr. Cuomo has been attempting to determine the right forum for a speech or appearance that would mark his return to public life, according to the people close to him.

“If you were in his position, you wouldn’t let it go either. The truth is important to him,” Ms. Glavin said. She has asked Ms. James’s office to amend the report to include information she said is favorable to the governor’s defense. Ms. Glavin said Mr. Cuomo was considering his available legal options.

New York Attorney General Letitia James oversaw a state investigation into claims about Andrew Cuomo.



Photo:

BRENDAN MCDERMID/REUTERS

Ms. James, also a Democrat, has said the report was corroborated by district attorneys who called the accusers credible and is based on 74,000 pieces of evidence. “Mr. Cuomo’s relentless attacks on these brave women will not mask the truth—he is a serial sexual harasser,” said Delaney Kempner, a spokeswoman for Ms. James.

The sexual-harassment allegations against Mr. Cuomo and his response to them have engulfed others. Last week, CNN President

Jeff Zucker

resigned for failing to disclose a personal relationship that was revealed to the network by lawyers for Chris Cuomo, the former governor’s brother.

Chris Cuomo was fired as an anchor by CNN in December after failing to disclose the extent to which he was advising his brother’s response to the harassment charges. Leaders of the state university system and several advocacy groups also resigned or were fired due to their roles in responding to the harassment allegations against Andrew Cuomo.

Some political operatives who have spoken with Mr. Cuomo or his aides said they think he is considering a run for attorney general this year against Ms. James. The people said Mr. Cuomo, who was attorney general from 2007 to 2010, never explicitly mentioned a campaign, but they inferred his interest based on the points he made about Ms. James and questions he asked about the state’s political climate. It is the former governor’s style to ask questions about his options as part of his decision making, the people said.

Rich Azzopardi, a spokesman for Mr. Cuomo, denied that he is interested in running for Attorney General. “There are a lot of silly rumors running around this town, and we can’t help it if some people are still fixated on us,” Mr. Azzopardi said.

Lawyer Rita Glavin has held press briefings to release information that she says undermines the credibility of some of Andrew Cuomo’s accusers.



Photo:

Associated Press

Mr. Cuomo has spent more than $1 million from his campaign account since leaving office and has $16 million on hand, according to the state Board of Elections. Nearly $900,000 went to his lawyer, Ms. Glavin, with additional outlays to Mr. Azzopardi’s firm and for letters sent to voters, according to board records.

Mr. Cuomo’s public presence since leaving office has been limited to photos released on social-media accounts—including fishing in warmer weather and sporting a mustache while posing with his daughters for Thanksgiving.

On Tuesday, Mr. Cuomo dined for two hours with New York City Mayor Eric Adams in a private room at an Italian restaurant in Manhattan, said a person familiar with the meal, which was reported by the New York Post. Mr. Adams said Thursday on radio station WCBS that he was soliciting input from a variety of people and would be foolish not to seek advice from Mr. Cuomo.

New York State Democratic Chairman

Jay Jacobs

said he last spoke with Mr. Cuomo around Thanksgiving.

“He’s most interested in clearing his name,” Mr. Jacobs said. “My advice would be, he needs time to pass before any moves to re-enter public life. But is that possible in the future? In America, anything’s possible.”

Former Gov. Eliot Spitzer and ex-U.S. Rep. Anthony Weiner, both Democrats, campaigned for office in New York City after they resigned amid sex scandals. Neither of their comeback bids was successful.

SHARE YOUR THOUGHTS

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Mr. Cuomo appeared alongside his attorneys on Jan. 7 when he was arraigned virtually in Albany City Court on a charge of forcibly touching Brittany Commisso, his former executive assistant, which he denied. Albany County District Attorney P. David Soares said he couldn’t meet his burden of proof at trial and dropped the charge.

In subsequent days, Ms. Glavin held a press conference to release information that was obtained in the pretrial process about several women who accused Mr. Cuomo of harassment, which she said Ms. James intentionally left out of her report. The attorney general’s office denied that accusation.

The material included a threatening message sent by

Lindsey Boylan

to her former boss,

Howard Zemsky,

after he signed on to a statement disputing her allegation that the governor suggested they play strip poker.

Mr. Zemsky later testified that he did hear Mr. Cuomo make the strip poker comment. A lawyer for Ms. Boylan said releasing the digital message was “just another attempt by Mr. Cuomo to deflect blame and evade accountability.”

New York Gov. Andrew Cuomo resigned Tuesday, one week after a state report found he had sexually harassed multiple women. His resignation cuts short a third term as governor that was marred by controversy. Cuomo has denied all allegations of sexual harassment. Photo: Office of the Governor of New York

Write to Jimmy Vielkind at Jimmy.Vielkind@wsj.com

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Gov. Andrew Cuomo Aides Receive Subpoenas in Sexual-Harassment Investigation

The New York state attorney general’s office has subpoenaed dozens of officials in the Cuomo administration, including his top aide, requesting that they produce documents as part of an investigation of sexual-harassment accusations against the governor, according to people familiar with the matter.

Melissa DeRosa, whose title is secretary to the governor and who has been at the center of the state’s pandemic response, is among the officials to receive a subpoena earlier this month, the people said. Investigators for the attorney general have also questioned women accusing Gov. Andrew Cuomo of inappropriate behavior about their interactions with Ms. DeRosa, the women and their lawyers said.

Ana Liss, a former aide to Mr. Cuomo who has accused the Democratic governor of misconduct, said that, during an interview with investigators, she was asked about Ms. DeRosa’s behavior in the workplace.

Investigators asked about how Ms. DeRosa interacted with her, said Ms. Liss, who worked at the state Capitol in 2014. “They were trying to figure out if I was targeted by Melissa,” Ms. Liss said.

She told investigators she didn’t have many dealings with Ms. DeRosa, who at the time was Mr. Cuomo’s director of communications.

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