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Biden omits free vacations from financial forms after Clarence Thomas controversy

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Biden omits free vacations from financial forms after Clarence Thomas controversy

WASHINGTON — President Biden failed to list free vacations at the homes of businesspeople on his annual financial disclosure form this week — drawing a rebuke from ethicists and Republicans amid an ongoing political firestorm over Supreme Court Justice Clarence Thomas’ similar non-reporting of free trips from a businessman.

Biden enjoyed three beach getaways at the homes of the wealthy and politically connected owners during the past-year reporting period.

In two instances, Biden is known not to have paid the owner and in the third case it’s suspected the president did not pay.

Ethics experts Walter Shaub, who led the Obama-era Office of Government Ethics, and Richard Painter, the top ethics lawyer in the George W. Bush White House, say free vacation-home stays need to be disclosed if the homeowner isn’t present — and it appears they were not — because a “personal hospitality” exception would not apply.

“The homeowner has to be a personal friend of the president or first lady and be present during the stay — otherwise that goes on the form. There’s no excuse not to have it on the form,” Painter, now a University of Minnesota law professor, told The Post.

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President Biden failed to list free vacations at the homes of elite businesspeople on his annual financial disclosure forms this week.
Getty Images

“You can’t have the president just going around using people’s houses for free without disclosure. That’s no better than a Supreme Court justice staying on a yacht for free without disclosure.” Painter said.

Painter added that he can’t understand the omissions — in part, he says, because the presidential counsel’s office in the West Wing kept diligent tabs on such gifts when he was working there.

Biden reported accepting no gifts of any kind on the annual disclosure form he signed May 14.

“I think whoever is preparing these forms is not focusing. And if it’s intentionally left off, then you get into the [criminal] false statements law … and that could be a felony,” said Painter, who prominently criticized former President Donald Trump on ethics issues.


David Rubenstein
The extended Biden family stayed for six days at the Nantucket Island compound of billionaire investor David Rubenstein.
AP

Shaub, who also routinely tore into Trump for alleged ethical lapses, said that he agrees that the “personal hospitality” exception would not apply it the homeowner wasn’t present.

“I have always been of the view that the exception cannot be used when the friend is not there, and I think arguments to the contrary make no sense,” Shaub said. “It’s not the rich-friend-who-can-give-you-stuff exception. It’s supposed to apply to things like your friend’s kids’ wedding or a home cooked meal with your friend.”

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In August, Biden and his family spent seven days at the nine-bedroom Kiawah Island, SC, mansion of donor Maria Allwin, whose family runs a hedge fund, after asking her to use the home, a source told The Post at the time.

“They’re not paying. They’ve never paid,” the source said.

First lady Jill Biden extended her stay on Kiawah another five days after testing positive for COVID-19.

In November, the extended Biden family stayed for six days at the Nantucket Island compound of billionaire investor David Rubenstein, cofounder of the Carlyle Group.

The White House and a spokesperson for Rubenstein didn’t respond to inquiries about whether the Bidens paid.

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In late December and early January, the first couple, their daughter Ashley and grandkids Natalie and Hunter stayed seven days for free as “guests” at the beachfront St. Croix home of businesspeople Bill and Connie Neville.

The arrangement turned heads because the home typically is a VRBO rental and because the Nevilles just weeks earlier gained access to Biden’s first state dinner honoring French President Emmanuel Macron, joining about 300 guests including many billionaires and political and cultural powerbrokers.

During prior reporting periods, including during his presidency and vice presidency, Biden stayed at each of the three homes and didn’t disclose the stays as gifts.

Biden previously used Rubenstein’s compound in late 2021 and didn’t disclose the stay as a gift. He stayed at Allwin’s beach house as VP in August 2009 and March 2013 and didn’t disclose it as a gift on his disclosure forms.


Clarence Thomas
Clarence Thomas did not report his free vacations on his financial disclosure forms.
REUTERS

Biden visited St. Croix at least five times as VP between 2014 and 2016, according to local news reports, and again as a private citizen in 2019.

At least some of those stays were at the Nevilles Caribbean retreat, which is advertised as having “hosted President Biden on his many trips to St. Croix.”

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VP Biden’s annual disclosures for those years don’t list free vacation-home stays from the Nevilles.

Painter said the pattern of non-reporting could spell political — if not legal — trouble for Biden.

“If you have multiple disclosure lapses, particularly involving the same donor or friend, that’s where you get into a situation where Clarence Thomas has been criticized for,” Painter said. “Once you might say it is a really careless mistake. You start to get into the second and third times and you start to wonder, ‘What the heck is going on here?’

The Office of Government Ethics administers the executive branch ethics disclosure requirements and has not formally issued an edict on the personal-hospitality exception, though Shaub says that when he led the office “my recollection is that we told people who asked that the owner had to be present. That seems to be the only logical reading of the statute.”

The OGE declined to comment and the White House did not respond to a request for comment.

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Shaub notes that federal law says “the exception applies to personal hospitality given ‘by’ an individual ‘at the personal residence of that individual.’ To me, the word ‘at’ seems to clearly refer to the location of the individual. Reading the word ‘at’ as referring to the location of the gift doesn’t make sense to me because the gift in this case IS the residence itself.”

However, some experts say that the statute lacks a clear mandate for disclosure in such instances.

“The executive branch does not have a requirement that a host remain on the premises for the personal hospitality exemption to apply,” said Kedric Payne, general counsel of the Campaign Legal Center and a former Office of Congressional Ethics. “The property must be the donor’s personal residence or family property.”  


Harlan Crow's yacht
Thomas did not report his time spent on Harlan Crow’s yacht.
Alamy Stock Photo

The ambiguity could propel changes to tighten the rules.

“President Biden has stayed at donors’ lavish vacation homes and he’s not being honest with the American people,” said House Oversight Committee Chairman James Comer (R-Ky.), who is leading an investigation of whether Biden misused his office as vice president to enrich his family through foreign business ventures in countries where he controlled US policy.

“Americans deserve the truth about the President and first family’s influence peddling,” Comer told The Post. “That is why we are pursuing legislation as part of our investigation into the Biden family’s financial schemes to strengthen ethics laws to provide greater transparency to the American people.”

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The same law governs presidential and judicial ethics disclosures, though different entities enforce them.

In Thomas’ case, billionaire Harlan Crow reportedly joined the conservative jurist for two cruises and trips to his Adirondacks resort.

Thomas, whose trips were disclosed in a series by ProPublica, said he was advised that the ethics law’s “personal hospitality” exception meant that he didn’t have to report the trips or reimburse for private jet flights.

Further reporting showed Crow, who is not known to have had business before the court, provided financial support to Thomas’s mother and foster son.

A number of congressional Democrats — including Sen. Ed Markey (D-Mass.) and Rep. Alexandria Ocasio-Cortez (D-NY) — demanded that Thomas resign or be impeached and the US Judicial Conference in March tightened rules to specify that resorts didn’t count as personal residences exempt from reporting.

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“This is beyond party or partisanship. This degree of corruption is shocking – almost cartoonish. Thomas must be impeached,” Ocasio-Cortez tweeted.

Mark Paoletta, a prominent Republican lawyer and friend of the Thomas family, said Biden’s non-disclosure and the relative lack of outcry this week shows Democratic attacks on Thomas are “a load of BS,” especially as Crow was present while hosting Thomas, unlike Biden’s benefactors.

Paoletta, who supported Thomas’s nomination while a White House lawyer under President George H. W. Bush and recently represented the justice’s wife Ginni Thomas in a congressional inquiry, pointed out that in at least one case the Bidens even asked for free use of a beach house.

“These baseless attacks on Justice Thomas have never been about ethics,” Paoletta said. “It’s about destroying the Supreme Court now that it’s no longer a left-wing super legislature.”

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Finance

Montana GOP, Busse file campaign finance complaints • Daily Montanan

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Montana GOP, Busse file campaign finance complaints • Daily Montanan

The Montana GOP said the Democratic candidate for governor is illegally spending money on his wife’s communications company — but Democrat Ryan Busse, challenging the Republican incumbent, alleges Gov. Greg Gianforte improperly funneled $1 million to his campaign manager’s companies.

Both candidates deny the allegations in the respective complaints filed this month with the Commissioner of Political Practices.

Busse claims Gianforte paid campaign manager Jake Eaton and other staff affiliated with the campaign more than $1 million through Eaton’s companies. The payments are disclosed in financial reports, but the Busse campaign says they violate the law against “secret pass-through payments.”

Gianforte campaign spokesperson Anna Marian Block said in a statement Friday the campaign is in full compliance with the law.

“This complaint is nothing more than a desperate attempt to distract voters from the fact that Ryan Busse is trailing in the polls by 21%,” Block said.

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Meanwhile, the Montana Republican Party alleges the Busse campaign allocated several thousand dollars to his wife’s communications company in violation of a law prohibiting surplus funds going to candidates for “personal benefit,” which includes family members.

In a response filed Friday, Busse’s campaign called the complaint “utterly meritless” and said contrary to the allegations, the communications work is being done by an experienced professional and legally must be compensated.

Busse: Gianforte isn’t disclosing payments to staff for campaign work

Eaton owns consulting firm The Political Company as well as political sign printing shop and marketing firm Ultra Graphics, both in Billings. The Busse campaign’s complaint, filed Friday, lists more than 25 payments from Gianforte’s campaigns to both companies between March and June of this year. The campaign says Gianforte should have made those payments to Eaton personally, instead of through his companies, for his consulting work.

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Eaton noted in his email Friday political parties can submit expenditures for campaigns and noted the Montana Republican State Central Committee report is where the expenses for staff are listed, including his own. The committee’s report for the first quarter of the year notes The Political Company was paid three installments of $12,500, as well as salaries for staff listed in the complaint.

The complaint, authored by Busse staffer Emily Harris, said the Gianforte campaign has previously this election cycle tried to sidestep accountability for including false information about immigration in an ad. After taking the ad down, the campaign told Montana’s ABC/Fox affiliate the ad was done by an “outside contractor”and the campaign decided to remove it. Busse’s camp is claiming the ad was created by Eaton’s company, basing that off the time of the ad and when it was published.

Busse’s complaint also claims it is implausible Gianforte raised $1.2 million from when he officially became a candidate in January, but doesn’t point to concrete evidence Gianforte started raising money prior to becoming a candidate other than campaign contribution amounts being suspicious. Busse believes because the donations were all the same amount and at the maximum amount that could be donated by one person at a time, $2,240, it raises concern as it doesn’t match donation amounts from in person events which were around $100.

Harris wrote Gianforte started campaign activities earlier than is legally allowed as an internal poll came out days after he officially became a candidate, but also made the claim on “information and belief.”

The complaint also listed a number of staffers that claim through social media as well as in news reports to be affiliated with the campaign, but are not included in the expenditures for the campaign.

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Harris also listed more than 20 expenditures from Gianforte’s campaign saying the descriptions were too vague and did not comply with the same statute referenced in the complaint against Busse for signs and media placement.

The Busse campaign also said money “passed through Eaton’s companies goes to other Republican-aligned vendors—payments Gianforte conceals from his reporting.” The complaint did not list which vendors, though.

GOP: Busse giving campaign funds to wife for communications work

The complaint from the state GOP, signed June 14, says Busse’s campaign paid Aspen Communications, owned by Sarah Swan Busse, a total of just more than $12,000 for communications and fundraising consulting, as well as car mileage. Sara Swan Busse is Ryan Busse’s wife.

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The complaint also said candidate Busse receives a salary from Aspen Communications, which the campaign refutes as not affiliated with the election.

But because the salary would directly benefit Busse and his wife, the GOP alleges Busse is in violation of state law that prohibits surplus campaign funds from directly benefiting candidates or their family members.

The Busse campaign, in a response authored by campaign manager Aaron Murphy, said Sara Busse is an “independent experienced professional” and her work legally must be compensated fairly.

It listed her experience in the field working on western district democratic candidate Monica Tranel’s Congressional campaign during the 2022 election cycle.

The Busse camp also said the statute cited by the GOP regarding personal benefit from campaign funds isn’t relevant as it concerns how funds are dealt with after the campaign, not during. Murphy wrote the GOP likely meant to cite an administrative rule saying candidates cannot use campaign funds for personal use, but he said the campaign didn’t break that rule either.

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“All expenditures and reimbursements to Sara Busse and Aspen Communications are directly connected to her fundraising and communications work for the campaign—they support the campaign and would not exist without it,” the response read.

“The campaign’s contract with Aspen Communications is not to compensate Ryan Busse. Ryan Busse receives no compensation from the campaign (excluding reimbursements for mileage, etc.),” the response read. “Ryan Busse’s occasional work for Aspen Communications, as listed on his personal disclosure, is entirely separate and distinct from the campaign.”

Murphy also said if hiring spouses was at issue, it would call into question the ethics of the state paying attorney Emily Jones, wife of Gianforte’s campaign manager Jake Eaton, for her work as an attorney with the state.

The GOP complaint also said Busse’s campaign was not thorough in its description of the services paid for with campaign funds, as is required in statute.

This included a $250,000 ad buy from media strategy company Left Hook with the description “statewide broadcast tv ad buy” and a nearly $7,800 purchase from progressive campaign sign producer Blue Deal with the description “signs.”

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Montana Commissioner of Political Practices Chris Gallus said the timeline for determining whether his office will move forward with a formal investigation in the complaint against Busse is not known at this time. His office will send a letter Monday requesting Gianforte’s response to the complaint by Busse.

Editor’s Note: the headline of this story was amended to reflect the Montana GOP filing the campaign finance complaint against Ryan Busse.

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Finance

California high schools will require personal finance course for graduation under new bill

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California high schools will require personal finance course for graduation under new bill

Beginning with the graduating class of 2031, high school students in California will be required to complete one semester of a personal finance course before receiving their diplomas.

On Thursday, Gov. Gavin Newsom signed legislation to require personal finance education for high school graduates after the state Senate and Assembly passed Assembly Bill 2927. This makes California the 26th state to require finance-related instruction for graduating high school seniors. 

The standalone course, which would teach students to expand their financial literacy through topics like minimizing bank fees and managing credit scores, would be offered early as the 2027-28 school year.

“Our young people need and deserve a clear understanding of personal finance so that they can make educated financial choices and build stable, successful futures for themselves and their future families,” State Superintendent Tony Thurmond said in a press release. “By adding personal finance to our high school graduation requirements, we acknowledge that managing household finances and building financial stability are essential life skills.”

Superintendent Thurmond, who sponsored the bill, said that “every child should have the opportunity to build these essential skills before navigating adult financial choices.” The content considered for the personal finance curriculum would also include budgeting principles, investment options and consumer protection awareness.

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High schoolers may be able to substitute the new personal finance course for their semester-long economics course, which is currently required for graduation throughout the state. School districts and charter schools may also provide students the option to complete a yearlong course to further expand their financial literacy.

In order to enhance the creation of this curriculum, State Superintendent Thurmond announced efforts in March to build a personal finance task force that would support the implementation of these required courses for K-12 students throughout California.

Superintendent Thurmond and the California Department of Education plan to work with education experts from the Instructional Quality Commission to develop a curriculum guide and resources, expected to be adopted in 2026. 

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There’s one critical part of employee wellbeing that bosses are forgetting

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There’s one critical part of employee wellbeing that bosses are forgetting

The cost of living crisis is weighing on employees. And as companies roll out more unique benefit offerings designed to support staffers, they should spend some time thinking about the financial benefits that workers actually want. 

Two out of three U.S. employees ranked financial well-being as the top area within well-being overall in which they want support from their bosses over the next three years, according to a new report from Willis Towers Watson (WTW), an insurance services company. That beat out all other well-being subcategories, including a supportive company culture, mental, emotional, and physical health benefits, and workplace connections. 

About 88% of workers are worried about covering their living costs, with 73% concerned about paying for food, 72% distressed about healthcare, 69% fretting over housing, and 66% troubled over transportation, according to the report. Around one in five American employees expect their financial situation to get worse over the next year. 

In the past, retirement benefits were the main financial perk that employers would offer to their workers, Mark Smrecek, financial well-being market leader at WTW, tells Fortune. But as costs rise and workplace expectations shift, there’s been an increased emphasis on other meaningful employee benefits. 

“As we look at broader lifestyle needs and concerns, the inventory on the employer side is far less equipped to serve its employee base,” he says. 

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Employers also seem unclear about how much workers actually prize financial well-being benefits. While 66% of U.S. workers want their employer to help them with their financial wellness over the next three years, only 23% of bosses prioritized financial wellness as an aspect of their well-being program. 

When it comes to the kind of support they would like to see from employers, around 47% of U.S. workers say they want help growing their savings and wealth, according to the report. That’s followed by 35% who want help getting the most out of the benefits they already have, 33% who would like access to money in an emergency, and 21% want help managing debt. Around 21% want financial insurance, and 11% want help managing student loans. 

Smrecek says that growing savings and wealth, as well as getting the most out of benefits, are two relatively traditional requests that employers are comfortable with. But others are more outside their wheelhouse. 

“Providing access to money in emergencies and helping manage employee debt are two that are far more emerging from an employee demand point of view,” he says. 

Smrecek adds that in addition to fulfilling workers’ specific financial benefit demands, employers need to do three things to best support staffers. He recommends bosses provide solutions that are relevant and accessible to their workforce, like financial literacy coaching and direct access to liquidity. Employers should also supplement those solutions with other less monetary-focused programs like affordable and effective healthcare plans. And companies should be proactive about connecting employees with these benefits. 

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“As employers look to really address the core need of the employee, how that relates to their business, and how they create value from their benefits, those aspects will drive a lot of the results that they’re looking for,” he says.

Emma Burleigh
emma.burleigh@fortune.com

Around the Table

A round-up of the most important HR headlines.

Workplace vacancies hit a record high of 19.8% last quarter, and a Moody’s report shows that the percentage of empty U.S. offices could peak at 24% in 2026. Quartz

Patagonia told 90 of its remote customer service staffers that they have three days to decide if they want to relocate to one of the company’s seven “hubs” or leave their role. Business Insider

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Despite some progress in California, most U.S. businesses are opposed to passing “right to disconnect” legislation, reasoning it wouldn’t fit well with remote workers and those logging in from abroad. CNBC

Watercooler

Everything you need to know from Fortune.

Secret weapons. As more companies are trying to get workers back into the office, they’re employing sociologists, psychologists, and anthropologists to understand how staffers tick. —Ryan Hogg

Lavish living crisis. U.S. workers earning $150,000 per year are more worried about covering their bills than employees making $40,000 up to six figures, according to a report. —Eleanor Pringle

Paychecks for prosperity. China’s biggest banks have requested senior staffers to waive deferred bonuses, or even partially return their wages, to abide by the country’s new $400,000 pre-tax limit. —Bloomberg

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