Behested payments, while legal in California, have become a significant ethical concern for politicians, particularly Governor Gavin Newsom, following potential federal scrutiny of his wife's involvement with charities that received such donations. These payments, essentially solicited funds from corporations and individuals to nonprofits, raise questions about quid pro quo arrangements, even when no laws are broken.
The practice, described as a "strong suggestion" or "command" by a politician, creates an appearance of impropriety, as donors may anticipate favorable treatment in return. While former President Trump faces his own ethical questions, the seemingly unsavory nature of behested payments makes them a potent target for political adversaries, especially when linked to a politician's spouse.
Sean McMorris, program manager at Common Cause, highlighted that behested payments have been a long-standing issue, ripe for abuse because companies are unlikely to donate solely out of civic duty. He noted that unlike ordinary citizens, politicians can leverage their influence to secure donations for causes, particularly from entities that require government approvals or services.
This practice is not exclusive to any political party or level of government. Past governors like Jerry Brown, and Los Angeles mayors including Antonio Villaraigosa, Eric Garcetti, and Karen Bass, have utilized behested payments for various initiatives. Republicans such as Arnold Schwarzenegger and James Gallagher, as well as State Senate Minority Leader Brian Jones, have also employed this method for different projects.
However, not all experts view behested payments as inherently problematic. Jessica Levinson, a Loyola Law School professor specializing in election and governance issues, points out that these payments are generally disclosed to the California Fair Political Practices Commission, making them more transparent than "dark money" donations. She argues that the choice is often between money going to political committees or to nonprofits, and that behested payments ensure funds reach charitable causes.
The primary concern for Governor Newsom stems from behested payments directed to nonprofits with which his wife, Jennifer Siebel Newsom, is involved and from which she has received a salary. While such arrangements are not illegal and have precedent, including with Newsom himself and other politicians, the direct ties create a complex and uncomfortable ethical landscape. Federal investigators, including agents from the IRS, are reportedly examining these transactions, leaving the outcome uncertain.
The situation underscores the potential for ambition and hubris in political fundraising. While behested payments are a common and lucrative practice for politicians, they create vulnerabilities, particularly when scrutinized by federal authorities with broad investigative powers. The ambiguity inherent in these transactions provides fertile ground for investigation, a self-inflicted risk that may cause unease among California politicians.
