In it, but not of it. TPM DC

Additional reporting by Tierney Sneed.

Why is Jared Kushner having so much trouble with his disclosure forms? Read a reporter’s notebook post (Prime access) »

Jared Kushner quietly filed an addendum to his personal financial disclosure adding even more previously undisclosed business interests in recent weeks — and may have even more to disclose, according to real estate documents shared with TPM.

Kushner, President Trump’s son-in-law and a top adviser, wrote a letter to White House Deputy Counsel Stefan Passantino dated Jan. 3, 2018 adding a number of additional business interests that had not previously been on his personal financial disclosure form.

That letter, which has not been previously reported, corrects and adds new corporate positions and details of his companies’ structures that he legally was required to disclose, in a seeming attempt to square his filing with spouse Ivanka Trump’s as well as clean up some previously overlooked items.

“Following the certification of my spouse’s financial disclosure report by the Office of Government Ethics on December 26, 2017, I am writing to provide conforming information and other updates to the financial disclosure report that I signed on March 9, 2017,” Kushner wrote in the letter:

The White House passed along the letter to the Office of Government Ethics, which signed off on it on Jan. 8 with a note that Kushner remains “in compliance with applicable laws and regulations.”

This is Kushner’s latest attempt to fully lay out all of his sprawling real estate and other holdings in the legally required filings to the Office of Government Ethics, after previous efforts fell far short. Kushner added 77 additional assets and more than $10 million in previously undisclosed holdings last July, months after his initial filing, saying they were “inadvertently omitted.”

Top ethics experts say that while corrections and amendments happen from time to time, the number and scope of amendments Kushner has filed are highly unusual.

“This is really out of the ordinary,” said Don Fox, a former acting director and general counsel of the Office of Government Ethics who served during the administrations of both President Obama and President George W. Bush. “It’s really uncommon you’d still be trying to get the form correct at this stage in the game and there’d have been as many amendments over such a protracted period of time that we have.”

The latest amendments to Kushner’s personal financial disclosure filings come amidst increasing scrutiny of his assets, which have drawn interest for months given the potential conflicts of interest posed by the extensive business interests of Kushner and his family, including some troubled projects that reportedly have squeezed them financially and forced them to borrow heavily.

The Internal Revenue Service and Justice Department have issued subpoenas to lenders and investors in real estate projects managed by Kushner’s family, Bloomberg reported Thursday, seeking information from people who lent money for Kushner Cos. projects in New York and New Jersey. According to Bloomberg, that likely stems from a separate investigation than the ongoing FBI probe into possible ties between Russia and Trump’s team.

According to a separate recent update from Ivanka Trump, Kushner appears to have taken out millions more in loans in recent months, a sign that his business may be on the rocks. The couple are currently battling a lawsuit filed in December that accuses them of illegally omitting information for 32 other companies, raising the possibility of hidden conflicts of interest.

Kushner’s letter added that he made between $5,000 and $15,000 from Calamos Convertible Opportunities and Income Fund and that he was a director for RealCadre Company, Inc., which during the covered disclosure period became another entity he’d already disclosed, as well as his position on the board of his family’s charitable trust. He also adds more than a half-dozen previously undisclosed LLCs that were part of the corporate structure of assets he’d previously reported, changed the description of a few assets Ivanka owns, and added more LLCs related to her ownership stake in Trump Old Post Office, LLC.

Even with Kushner’s latest updates, however, it appears as though his financial disclosure forms still may not fully be up to snuff under ethics law.

The liberal group American Bridge combed through public records to identify Kushner holdings that he failed to report on his form, unearthing a handful more corporations that from publicly available information appear as though they should be disclosed. The documents were pulled as part of a new effort from American Bridge to lay out all public records related to Kushner’s complex financial holdings.

TPM provided Kushner’s legal team with an array of publicly available corporate documents obtained by American Bridge showing Kushner’s undisclosed business interests and corporate positions. Kushner’s lawyers declined to comment on the record on the specific examples provided. A spokesperson for Kushner told TPM that he “has provided complete information on his disclosure forms” but left open the possibility of further updates being filed.

Some of the examples American Bridge found appear to be clear-cut violations, while with others it’s impossible to know from publicly available information whether or not Kushner had a financial stake that he would have had to report them.

For example, Kushner has not disclosed his involvement with Park Valley Owner, LLC. Kushner signed a limited warranty deed in December 2015 as manager for Park Valley Owner, LLC. Ethics law requires all executive branch employees to include in their personal financial disclosure forms all “positions outside the U.S. government” they held for the two calendar years prior to their federal employment. The omission appears to violate that rule. Kushner may not be required to disclose this specific property if he signed the deed as a representative of previously disclosed company that controlled Park Valley Owner LLC. But even in that case, Fox says, Kushner would likely have to disclose Park Valley Owner LLC because of underlying assets.

“The property is an apartment complex just outside Cincinnati.  I assume it has considerable value. Jared is listed as manager in December 2015. The reporting period for positions outside the government is two previous years,” Fox said. “I think it’s certainly reportable.”

Another potential violation: Landings Building, LLC, which was controlled by The Landings, Inc., where Kushner served as vice president, was not disclosed. Leaving off this sub-LLC would only be allowable if Kushner had no stake in the underlying assets. But Kushner’s latest addendum adds four other similarly named Landings LLCs under The Landings, Inc. that hadn’t been previously disclosed under the same umbrella organization, and it’s unclear why Landings Building 136A LLC wouldn’t meet the same requirements.

Other Kushner-connected LLCs that aren’t on his personal financial disclosure include Bauer Realty Corporation and Bauer Drive Associates. Bauer Realty Corporation is the managing member of Bauer Drive Associates, according to public filings. Bauer Drive Associates owns a $3 million property at 128 Bauer Drive in northern New Jersey, according to public records covering the past three years. Kushner disclosed his stake in the property and his position with 128 Bauer Drive Associates but not in these controlling LLCs.

Kushner was also an authorized signatory for Landings NYT MT LLC, Walkill NYT LLC, Oakwood NYT LLC and Elmwood NYT LLC, four LLCs that were involved in his purchase of the 229 West 43rd Street building in New York City in November 2015. The four weren’t dissolved until November 2016, according to public records — well within the required disclosure period.

A Kushner spokesperson argued that the updates in the letter were part of the normal personal financial disclosure process. Kushner’s representatives refused to discuss on the record whether he should have disclosed the business interests and corporate positions that American Bridge found through its public filings search or explain what spurred his latest update.

“Under the direction of financial advisors and experienced ethics attorneys, Mr. Kushner has provided complete information on his disclosure forms, often more than others in prior administrations ever did, and in compliance with the rules and requirements,” a Kushner spokesman told TPM. “As with anyone in government who has numerous financial holdings, he will update and supplement his disclosures whenever appropriate and will continue his transparent and thorough process.”

But that doesn’t line up with what ethics experts who’ve reviewed personal financial disclosures for earlier administrations say.

“It’s just sloppy, and he doesn’t take a great deal of interest at all in getting this public financial disclosure form correct,” said Fox. “If he did he would have accomplished it by now.”

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The hardline immigration legislation the White House backed in order to protect so-called “Dreamers” failed to overcome a filibuster Thursday. It was the fourth immigration-related legislation to go down Thursday afternoon, as the Senate considered measures to codify the DACA (Deferred Action for Childhood Arrivals) program.

The White House-supported bill, sponsored by Sen. Chuck Grassley (R-IA), imposed steep cuts on legal immigration, while giving immigrants brought to the U.S. illegally as minors a pathway to citizenship. President Trump endorsed the bill, while his administration lobbied aggressively against the bipartisan DACA bills also considered Thursday.

A vote on advancing the legislation failed 39-60, well short of the 60 votes it needed to move forward. It garnered significantly less support than the two other DACA bills the Senate voted on Thursday.

With the failure of all the bills, the fate of hundreds of thousands of immigrants are in jeopardy. Trump rescinded last year the Obama-era program that protected them from deportation. However, that move is in legal limbo due to lawsuits against Trump’s decision.

The Senate voted also voted on a fourth immigration-related bill Thursday that did not address DACA, but rather targeted sanctuary cities. It too fell short of the 60 votes required to move forward.

The first vote was on narrow deal to protect DACA recipients that was sponsored by Sens. John McCain (R-AZ) and Chris Coons (D-DE). The second was on the sanctuary city legislation, which was sponsored by Sen. Pat Toomey (R-PA).

The third piece of immigration-related legislation to go down Thursday afternoon was sponsored by Sens. Mike Rounds (R-SD) and Angus King (I-ME), and backed by a bipartisan group of senators known as the “Common Sense Coalition.” It would given young immigrants brought to the U.S. illegally as children a pathway to citizenship. It provided $25 billion over 10 years in border security, including for the “construction of physical barriers.” It would also block green card holders from sponsoring adult children for immigration, meaning that those immigrants would have to wait until they become citizens before sponsoring their adult children.

It received 54 votes in its favor and 45 against the legislation.

It was considered the best opportunity for the Senate to put up the votes it would need from both parties to overcome a filibuster. The Department of Homeland Security had blasted the bill for creating a “mass amnesty” and for “destroy[ing]” the DHS’ ability to “to remove millions of illegal aliens.”

Immigration advocates were skeptical of it, but most preferred that legislation over no protection for DACA recipients.

The DACA program shielded young immigrants brought to the U.S. illegally as children from deportation. Their fate remains in jeopardy, and thousands had already had lost their protected status by the time the Senate took up the issue.

Two courts have blocked Trump’s move to terminate the program — and previous DACA recipients can reapply for protection while the case remains in legal limbo. The administration has asked the Supreme Court to consider taking up one of the cases and overturning the decision.

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On Wednesday night, a group of Republican and Democratic senators nailed down a difficult compromise on immigration that has been weeks in the making—a bill that provides a 12-year path to citizenship for young immigrants known as Dreamers, allocates the full $25 billion President Trump has demanded for the U.S.-Mexico border, bans the parents of DACA recipients from ever receiving citizenship, and bars legal permanent residents from sponsoring their adult, unmarried children.

But before the bill could even come to the floor for an expected vote Thursday, the Trump administration was working to undermine it.

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Senate Republican leaders are only giving the chamber Wednesday and Thursday to pass an immigration bill that would help the 700,000 young immigrants known as Dreamers whose protections President Trump terminated last year. As lawmakers scramble to whip votes on a growing pile of competing proposals and are frantically negotiating behind closed doors, the White House has once again thrown a wrench into the process.

In a statement Wednesday morning, President Trump suggested, as he did two weeks ago, that he would veto any plan other than a GOP-sponsored bill based on his own list of demands, including controversial provisions slashing legal immigration.

“I am asking all senators, in both parties, to support the Grassley bill and to oppose any legislation that fails to fulfill these four pillars – that includes opposing any short-term ‘Band-Aid’ approach,” he said, referring to discussions in Congress about a one-year punt should all other options fail to pass.

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Democrats won another hotly contested statehouse seat on Tuesday night, capturing a district on Florida’s Gulf Coast for their 36th state legislative seat flip of the Trump era.

Democrat Margaret Good defeated James Buchanan, the son of wealthy Rep. Vern Buchanan (R-FL), by a seven-point margin in a suburban Sarasota-based district President Trump carried by almost five points.

The win is the latest for Democrats, who’ve captured Trump-leaning territory across the country, from Wisconsin to New Hampshire to Missouri to Virginia to Washington. And the 12-point shift towards Democrats in this contest is right in line with the average shift that’s occurred in statehouse races across the country towards Democrats since the 2016 elections.

Democrats took another victory lap.

“Representative-elect Margaret Good’s campaign was dedicated to the people of Sarasota County who are tired of Florida Republicans peddling a Trump agenda counter to their values,” Democratic Legislative Campaign Committee head Jessica Good said in a statement.

These wins show how committed Democrats are to turning out against Trump right now across the country, a factor that’s unlikely to change before this November’s midterm elections and a sign that at least one of the factors for a large wave election is firmly in place. And while this suburban seat isn’t as deep red as some others — a Democrat won it in 2006 and President Obama nearly won the county in 2008 — it’s a sign that Democrats can expand the map to areas they haven’t been able to compete in since those wave elections.

This race was highly targeted by both parties, with heavy spending on both sides, an endorsement from Vice President Biden and a visit from former Trump campaign manager Corey Lewandowski in the election’s closing days.

Special elections make it easier for the more fired-up party to pull off huge upsets, and more Republican voters are likely to turn up for this fall’s midterms, making these races an imperfect stand-in of what the future will look like. But most real elections from the past year — as well as big gubernatorial wins in Virginia and New Jersey and Democrats’ shocking win in an Alabama Senate race — suggest Democrats are set up to win big next fall.

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As of late Tuesday afternoon, the Senate had yet to even begin a long-awaited debate on immigration. Hanging in the balance are the lives of 700,000 young DACA recipients who will soon lose their work permits and protection from deportation.

What lawmakers originally expected to be a robust, freewheeling, open debate on the half-dozen-plus competing proposals on the table is currently at a standstill, held up by partisan disagreements about which policy to vote on first.

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When the Senate voted Monday night to open the floor up to consider proposals to protect 700,000 DACA recipients at risk of losing their legal protections, Democratic senators gushed that they were finally going to have the freewheeling debate they had long craved. Many on both sides assumed the contentious, complicated issue could drag out for weeks.

“I’ve been here seven years and never seen anything like it,” Sen. Chris Coons (D-DE) marveled to TPM Monday night. “Who knows? Democracy may very well break out in here.”

That excitement quickly turned to frustration as Senate Majority Leader Mitch McConnell (R-KY) confirmed Tuesday morning that he wants the entire debate — on the half-dozen-plus competing proposals put forward so far by lawmakers — to be over by the end of the week.

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Every Senator save Ted Cruz (R-TX) voted Monday night to begin debate on the fate of 700,000 young immigrants soon-to-be stripped of their legal protections by the Trump administration, but what Congress will be able to pass, if anything, remains a mystery.

After March 5, unless Congress can pass a bill or a federal court intervenes, more than 1,000 DACA recipients per day will begin to lose their work permits and be at risk of deportation.

“People’s lives are hanging in the balance, and I’m not being dramatic,” a somber Sen. Dick Durbin (D-IL) told reporters. “Whether they can stay in school, whether they can keep their jobs, whether they’ll be separated from their families—these are as gut-wrenching as decisions in life as anyone might face, and I just don’t know if we’ll have 60 votes.”

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Rep. Greg Gianforte (R-MT) almost blew his last election by choke-slamming a reporter for daring to ask him questions, then lying about how the assault happened. But in his mind (or at least his latest fundraising email), he’s still the victim.

Gianforte’s campaign sent out an email asking for money on Monday that included a claim that he’d not only had to beat beat his Democratic opponent but the “leftist media” in his special election last year.

“We were able to win a tough, close victory against the Democrats and the leftist media in the most expensive Congressional contest in Montana history,” reads the fundraising letter, signed by Gianforte.

That’s an interesting turn of phrase for Gianforte, who won his race last year even after tackling Guardian reporter Ben Jacobs, breaking his glasses in the process, after Jacobs pressed him on his stance on the GOP’s Obamacare repeal plan.

He compounded that attack by lying about what happened, a story he later had to walk back. After pleading guilty to the attack he promised Jacobs an in-person meeting, which he’s since refused to hold unless Jacobs agrees that it’s off-the-record.

Gianforte’s six-point victory last summer came partly because much of Montana’s vote had already been cast via early voting when he attacked Jacobs. Democrats think they have an outside shot at defeating him in the Republican-leaning state.

Gianforte’s team didn’t immediately respond to a request for comment.

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