# Crime



Three Iowans among first to have sentences commuted by Biden

President Joe Biden issued three pardons on April 26 and announced commutations for 75 people convicted of nonviolent federal drug offenses.

In a written statement, Biden said he was using his clemency powers during “Second Chance Month” to pardon “three people who have demonstrated their commitment to rehabilitation and are striving every day to give back and contribute to their communities.”

I am also commuting the sentences of 75 people who are serving long sentences for non-violent drug offenses, many of whom have been serving on home confinement during the COVID-pandemic—and many of whom would have received a lower sentence if they were charged with the same offense today, thanks to the bipartisan First Step Act. 

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Iowa's new garbage search law looks unconstitutional

Iowans have “no reasonable expectation of privacy in garbage placed outside of the person’s residence for waste collection in a publicly accessible area,” according to a bill Governor Kim Reynolds signed into law on April 21.

Lawmakers approved Senate File 2296 in response to a June 2021 Iowa Supreme Court ruling, which declared warrantless garbage searches unconstitutional.

Whether the new law can withstand scrutiny is unclear. Attorneys who opposed the bill have pointed out that the legislature and governor cannot override the Supreme Court’s interpretation of the state constitution. But it could be years before a challenge to the law reaches the high court.

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Why we must elect people who understand the literacy crisis

Shelley Skuster: We can interrupt the school-to-prison pipeline by supporting Kimberly Graham for Polk County Attorney.

The largest school district in the state is in the middle of a full-blown literacy crisis, and every candidate running for an elected office should be talking about it.

In Des Moines Public Schools, less than half of all students in grades K-3 know how to read. When it comes to Black children, the statistics are even more alarming. In fact, only 36 percent of Black boys enrolled in Des Moines Public Schools know how to read at a third-grade level.

If we don’t interrupt this literacy crisis right now, you might as well polish off a set of handcuffs because there’s a clear correlation between one’s ability to read and the likelihood they’ll end up in jail.

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RJ Miller: Why I'm running for Iowa House district 34

RJ Miller: I chose to run to take the voices of my community and make their voices louder.

I am a community activist who’s been organizing in Des Moines since 2019 around the issues of racial discrimination, civil and human rights, and urban violence.  Originally a victim of gun violence in Minneapolis, I overcome the obstacles of gang activity and incarceration in order to inspire and support my community in a collective effort to defeat the issues that plague the inner city. 

My mission is to uplift, empower, and transform the Des Moines community through restorative justice, empowering the youth, and investing in solutions that will combat the forces of colonization and oppression at large.

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Why Iowa's senators voted against historic SCOTUS confirmation

The U.S. Senate made history on April 7 by confirming the first Black woman to the U.S. Supreme Court, with the country’s first Black vice president presiding. Three Republicans joined all 50 members of the Senate Democratic caucus to confirm Appeals Court Judge Ketanji Brown Jackson, prompting loud applause in the chamber.

There was never any doubt that Iowa’s two Republicans would vote against this confirmation. However, Senators Chuck Grassley and Joni Ernst laid out their reasons for opposing Judge Brown Jackson only this week.

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Violence Against Women Act reauthorized in big spending bill

President Joe Biden has signed into law a $1.5 trillion omnibus spending bill, which funds the federal government through September 30. The president’s action on March 15 ends a cycle of short-term continuing spending resolutions that kept the government operating on spending levels approved during Donald Trump’s administration.

The enormous package combines twelve appropriations bills covering portions of the federal government, as well as an additional $13.6 billion in aid to Ukraine and several unrelated pieces of legislation. One of those reauthorized the Violence Against Women Act through 2027, a task that had remained unfinished for years. Congress last reauthorized the 1994 legislation addressing violence against women in 2013, and that authorization expired in 2019.

Iowa’s Senator Joni Ernst was a key negotiator of the final deal on the Violence Against Women Act and celebrated its passage this week.

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Cannabis criminalization is failed public policy for Iowa

Senator Joe Bolkcom represents Iowa City and has been a leading voice in the state legislature for updating Iowa law on cannabis.

This March 22 marks the 50th anniversary of an important report from the Shafer Commission, a group appointed by President Richard Nixon, tasked with studying marijuana and issuing policy recommendations. The group’s findings called for the decriminalization of cannabis possession in the U.S., but alas, the suggestions went unheeded.

Fifty years later, Iowa remains one of nineteen states where you can still be locked up for minor cannabis possession.

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Iowa Supreme Court extends mask mandate for courtrooms

Face masks will continue to be required in all Iowa court-controlled spaces “regardless of a person’s vaccination status,” under an order the Iowa Supreme Court issued on December 6.

Like the mask mandate the high court announced in August, the requirement to wear face coverings in spaces under the judicial branch’s jurisdiction “applies statewide and does not depend on a particular county’s or area’s positivity rate or transmission status.” It does not apply to areas of county courthouses under the control of county governments. (Some boards of supervisors, including those governing Iowa’s largest counties, have approved mask mandates for county buildings and offices.)

It’s been months since Governor Kim Reynolds encouraged, let alone required, Iowans to wear masks in indoor public spaces. Fortunately, the state’s judicial branch is empowered to set its own COVID-19 mitigation policies, and has generally followed scientific consensus about the value of face coverings to reduce transmission. The Delta variant, which has been the dominant coronavirus strain in Iowa for months, spreads easily in close quarters. Legal proceedings often force attorneys, litigants, court employees, and jurors to be in the same room for hours.

The latest order signed by Chief Justice Susan Christensen establishes several other policies and practices to adapt judicial proceedings to the pandemic, informed by recommendations from a court-appointed task force and public comments.

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The real obscenity is punching down on marginalized kids

On this Transgender Day of Remembrance, I should be writing about the 46 transgender or gender non-conforming people who have been killed in the United States so far in 2021—the most recorded in a single year. Most of those murder victims were people of color; young Black trans women are especially at risk.

Iowa Republicans didn’t speak out today for ensuring the safety or equality of trans or gender-nonconforming people. When GOP politicians acknowledge LGBTQ Iowans exist, it’s usually to portray them (and any attempt to accommodate them) as a threat to straight white Christians, whom Republicans value above all others.

Governor Kim Reynolds scored points with her base by scapegoating trans athletes in the spring. More recently, conservative politicians and their activist allies have demanded that high school libraries remove books that explore sexual themes, especially queer sexuality. They are also targeting books by authors of color that supposedly contain obscenity or portray some institutions in a negative way.

Iowa Senate President Jake Chapman announced this week that he is having legislation drafted “to create a new felony offense” in Iowa for educators who disseminate “what I believe to be obscene material.” Chapman promised his bill will have “additional mechanisms to force prosecutions or allow civil remedies.”

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Iowa detains Black youth at highest national rate

No state in the country has placed a higher proportion of Black youth in juvenile facilities than Iowa, according to a new Sentencing Project analysis. The Black youth placement rate in Iowa was more than double the national average in 2019, and young African Americans in Iowa were nearly nine times as likely as their white peers to be committed to facilities such as “detention centers, residential treatment centers, group homes, and youth prisons.”

Josh Rovner was the lead author of Black Disparities in Youth Incarceration, which the Sentencing Project published on July 15. The two-page report included statistics on youth placement in Washington, DC and the 36 states where at least 8,000 residents are African Americans between the ages of 10 and 17.

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Pissed off: New Iowa law makes fake urine a crime

Marty Ryan covers a new law that received little attention early this year. -promoted by Laura Belin

A private sector employee from Iowa goes across the border on a Friday after work to Illinois. His friends offer a blunt, and he takes a hit. He thinks nothing of it, because recreational use of pot is legal in Illinois. On his way home on Sunday, he realizes that there could be a random drug test early in the week. He’s heard marijuana will stay in his system for up to 30 days, so he purchases a package of fake urine at a vape shop.

Monday morning, he is asked to take a drug test. He manages to get the fake urine into the beaker without anyone seeing him.

Days later, a lab result indicates that he may have used fake urine. Depending on a union contract, an employee handbook, or company policy that has been posted conspicuously, the employee may be disciplined, or in a severe case terminated. Now, he can also be arrested for a simple misdemeanor.

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Iowa's new qualified immunity law may not hold up in court

UPDATE: In May 2023, the Iowa Supreme Court unanimously overturned a 2017 decision known as Godfrey II, which had laid the groundwork for Baldwin by allowing Iowans to sue the state over violations of their constitutional rights. Consequently, there is no longer any chance of the Iowa Supreme Court striking down this 2021 law. Original post follows.

“Iowa’s law enforcement will always have my respect, and I will always have their back,” Governor Kim Reynolds declared while signing Senate File 342 on June 17. Sections 12 through 16 of the wide-ranging policing bill establish a “qualified immunity” standard for Iowa. Effective immediately upon the governor’s signature, state employees or law enforcement officers who violate individuals’ constitutional rights can be sued only if their conduct violated “clearly established” law, such that “every reasonable employee would have understood” the act was illegal.

The provisions were crafted to match decades-old federal qualified immunity standards, and to override an Iowa Supreme Court ruling that was more favorable to Iowans whose rights have been violated by police.

The new law will almost certainly be challenged. And while the conservative majority on the Iowa Supreme Court often defers to other branches of government, the justices may find that Senate File 342’s language on qualified immunity is incompatible with the Iowa Constitution.

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The angels standing behind survivors of crime

Luana Nelson-Brown is the founder and executive director of the Iowa Coalition for Collective Change. -promoted by Laura Belin

A network of people across the state of Iowa are dedicated to supporting and assisting survivors of violent crime. The job of these violent crime victim advocates, while fulfilling, isn’t easy. 

Most of us may not know what it’s like to experience crime, but we understand that these unexpected events can carry a high cost, mentally, physically, emotionally, and financially. 

Violent crime has always existed, and the COVID-19 pandemic contributed to an increase in violent crime across the nation, with Iowa being no exception. Victim advocates are working harder than ever to ensure that the harm caused to survivors is as minimal as possible. 

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Policing bill would worsen Iowa's justice system disparities

Most of the new crimes and enhanced penalties that would be established under a policing bill approved by the Iowa House would have a disparate impact on Black people, according to analysis from the nonpartisan Legislative Services Agency.

Before passing Senate File 342, Iowa House members amended what had been a narrowly-focused bill on officer discipline to include several other so-called “Back the Blue” proposals: giving law enforcement more protection against lawsuits, increasing benefits for officers, and greatly increasing the criminal penalties for some protest-related actions.

For seven of the nine crimes addressed in the “Back the Blue” bill, now pending in the Iowa Senate, the LSA found the “conviction rate for African Americans exceeds the population proportion of the State, which would lead to a racial impact if trends remain constant.”

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Hinson, Miller-Meeks campaigns took disgraced GOP donor's money

U.S. Representatives Ashley Hinson (IA-01) and Mariannette Miller-Meeks (IA-02) were among dozens of House Republicans whose campaigns received $5,800 in March from Stephen Wynn, a former Republican National Committee finance chair who resigned in 2018 after former employees alleged sexual harassment or assault.

$5,800 is the maximum amount individuals can donate to federal campaigns for the 2022 election cycle ($2,900 each for the primary and general elections).

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Iowa can lead the way

Bruce Lear: A bipartisan policing reform law enacted last year was supposed to be a start. As it turned out, that bill was also the the end. -promoted by Laura Belin

When a police officer pulls me over for a traffic stop, I don’t think death sentence. I think where is my registration and insurance card, and what did I do now?

That’s white privilege, and that’s not how any of this should work.

I know it’s possible to honor and respect the police, and still be horrified when unarmed person of color is murdered by a police officer, often on video, and then the officer is exonerated by internal investigation or by the courts.

I also know there is a middle ground between the “Defund the police” crowd and those who know we need strong, fair, well trained, law enforcement not required to play the role of social worker or psychologist. 

Something has to change in this country. Iowa lawmakers took a first step in 2020, but didn’t follow through this year.

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Iowa GOP claims on background checks don't hold up

Any day now, Governor Kim Reynolds is expected to sign the latest pro-gun bill to reach her desk. The most controversial provisions in House File 756 eliminate permit requirements for Iowans who want to purchase or carry pistols or revolvers. Since a background check is part of the current process for obtaining a permit to carry concealed weapons, gun safety advocates have warned the bill would make it easy for Iowans who can’t pass a background check to buy handguns.

However, Republican lawmakers have been telling constituents a different story. In their version of reality, the bill would increase background checks conducted in Iowa.

Where did they get this idea?

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Axne, Miller-Meeks support Violence Against Women Act

The U.S. House voted 244 to 172 on March 17 to reauthorize the Violence Against Women Act (VAWA) with some new provisions. All Democrats present, including Representative Cindy Axne (IA-03), were joined by 29 Republicans, including Representative Mariannette Miller-Meeks (IA-02), to send the bill to the U.S. Senate. Republican Representatives Ashley Hinson (IA-01) and Randy Feenstra (IA-04) opposed the legislation.

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Court order clears path for more diverse juries in Iowa

For decades, researchers have found that all-white juries are more likely to convict Black defendants than white defendants, and that Black people “are systematically more likely to be excluded from juries in many contexts.” In addition, studies indicate diverse juries “perform their fact-finding tasks more effectively,” and have been shown to “deliberate longer, consider more facts, make fewer incorrect facts, correct themselves more, and have the benefit of a broader pool of life experiences […].”

In a 2017 decision that gave defendants of color another way to challenge unrepresentative jury pools, the Iowa Supreme Court recognized, “Empirical evidence overwhelmingly shows that having just one person of color on an otherwise all-white jury can reduce disparate rates of convictions between black and white defendants.” Yet African Americans have continued to be under-represented in Iowa jury pools and on trial juries.

A recent Iowa Supreme Court order takes a step toward addressing that disparity in the state’s criminal justice system.

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Early voting cuts would disenfranchise Iowa domestic violence survivors

Laura Hessburg is the public policy director of the Iowa Coalition Against Domestic Violence. -promoted by Laura Belin

We believe the sweeping election bill rapidly advancing through the Iowa legislature (Senate File 413 or House File 590) is bad for everyone. Iowans with the most to lose are those who rely on early voting: working people, busy people, senior citizens, college students, and survivors of intimate partner violence.

Current Iowa law gives people multiple opportunities and choices to exercise this fundamental right before election day. That is exactly what victims of domestic violence need to vote safely. Iowans can vote early at satellite voting stations conveniently located near them, they can drop a ballot off at a drop box, ask a friend to drop off a ballot for them, or they can vote completely by mail.

By undermining every single one of these choices and limiting the time and opportunities for early voting, this bill makes it harder for Iowans to vote and will disenfranchise victims of domestic violence. That is not what democracy looks like.

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Guerrillas in our midst

Ira Lacher wonders, “Will America bring to bear on white-power domestic terrorists the same tools it hauled out to fight ‘Muslim extremists’ after 9/11?” -promoted by Laura Belin

Donald Trump didn’t start the white supremacy fire; it was always burning since Europeans used the fabricated concept of “race” to justify human slavery.

Of course, no president has used it to justify his election and call for re-election. In his 2016 campaign and four-year reign of terror, Trump emitted enough dog whistles to stage his own Iditarod.

But until an organized, armed phalanx of militant white people pillaged the U.S. Capitol on January 6, threatening the vice president and Congressional leaders, the existence of a longstanding white-power militant movement escaped the myopia of most Americans.

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Trump pardons highlight GOP corruption problems

“Strong Island Hawk” reviews President Donald Trump’s recent pardons, which were largely political. -promoted by Laura Belin

Last month President-De-Elect Donald Trump issued executive pardons for dozens of people, including many of his former campaign officials and Republican colleagues. Many of these pardons were entirely political and, what’s worse, they absolved individuals for acts of public corruption. When this happened, a thought crossed my mind: Is the Republican Party now entirely corrupt?

In fact, I think it’s an issue that goes unnoticed by the media and even by some Democrats: today’s Republican Party may be so thoroughly corrupt it’s nearly systemic.
No party holds a monopoly on ethical behavior; Democrats have certainly had their troubles over the years. But the GOP may be experiencing an era of unprecedented party-wide corruption. I want to look at a handful of the most political cases and examine how they demonstrate the GOP’s indifferent approach to government ethics. 

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Wednesday

Ira Lacher: “If there were any discussion, Wednesday’s events should eliminate it. Trump needs to be impeached. Again. And criminally charged with inciting sedition.” -promoted by Laura Belin

Wednesday, January 6, America witnessed an armed insurrection. Revolt. Treason. It was fomented by the president of the United States.

The Atlanta Journal and Constitution reported: “Hours before unrest hit the Capitol, President Donald Trump arrived to his rally to embolden supporters to charge the U.S. Capitol Wednesday to show ‘fight’ for his unsubstantiated claims of election fraud ahead of a congressional vote count to affirm Joe Biden’s election victory.”

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Trump pardons GOP operatives who bought Kent Sorenson's endorsement

They weren’t the most heinous pardons President Donald Trump issued this week. Those went to former military contractors who slaughtered civilians in Iraq.

They weren’t the most corrupt pardons Trump issued this week. Those went to campaign associates who participated in Russian interference in the 2016 election and then covered for Trump during special counsel Robert Mueller’s investigation.

Nevertheless, two pardons announced on December 23 had an Iowa connection that may interest Bleeding Heartland readers.

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How prison abolition could save rural America

Casey Erixon: Mounting evidence suggests that prisons add little to local economies and may do more harm than good to the rural communities that host them. -promoted by Laura Belin

In the wake of the Democrats’ mixed success in the 2020 elections, many party elites have taken to blaming progressive activists, and Black Lives Matter organizers in particular, for costing the party votes in key rural areas. Most prominently U.S. Representative Abigail Spanberger was characterized as “speaking hard truths” when, on a post-election conference call with House leadership, she claimed that calls by activists to defund the police were used in attack ads against her and other candidates from so-called red districts.

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Matt Whitaker blocked criminal case against Turkish bank

Matt Whitaker’s unfailing loyalty to Donald Trump apparently extended to helping the president quash a criminal investigation of a foreign bank, according to an explosive new story by Eric Lipton and Benjamin Weiser in the New York Times.

While serving (unconstitutionally) as acting U.S. attorney general after the 2018 election, Whitaker blocked a probe of Halkbank, “a state-owned Turkish bank suspected of violating U.S. sanctions law by funneling billions of dollars of gold and cash to Iran.”

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Most Iowans with felony convictions still not registered to vote

Only a small fraction of newly eligible Iowans have registered to vote since Governor Kim Reynolds issued an executive order restoring voting rights to most people who have completed felony sentences.

Justin Surrency was first to report for WHO-TV on October 19 that 2,550 Iowans with felony convictions had registered to vote since the governor’s order. Erin Murphy reported for Lee Newspapers on October 20,

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Donald Trump's tax problems revisited

Richard Lindgren: “When I run the numbers, Donald Trump appears to own, to use a phrase a business colleague described him with in the 1990s Atlantic City era, a ‘zero-billion-dollar business.’” -promoted by Laura Belin

Ever since I began my own blog in January of 2018, Donald Trump’s “not-normal” finances have been in my head and have been discussed numerous times. Now that the media frenzy over his Covid diagnosis has abated somewhat, perhaps we can get back to Trump’s financial frauds. In light of the recent excellent reporting from the New York Times and others, this is a look back at what I got right and what I got wrong in some early posts about Trump’s wealth and taxes.

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The wrong message at the wrong time

Dan Guild: Donald Trump has positive ratings on handling the economy. But he’s staking his campaign on a “law and order” message. -promoted by Laura Belin

Politics can be as complicated as you like. You can build statistical models to calculate the odds of a candidate winning. Complicated ideological positions can be constructed precisely delineating what is right and wrong.

Most of the time, politics isn’t that complicated.

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What the voting rights order revealed about Kim Reynolds

“Quite simply, when someone serves their sentence and pays the price our justice system has set for their crimes, they should have their right to vote restored automatically, plain and simple,” Governor Kim Reynolds said on August 5, shortly before signing a critically important document.

Executive Order 7 automatically restores voting rights to most Iowans who have completed prison sentences or terms of probation or parole associated with felony convictions. The Iowa-Nebraska NAACP estimated that the order paves the way for more than 40,000 people to vote this year. Going forward, approximately 4,700 Iowans who complete felony sentences each year will regain the same rights.

Reynolds had publicly promised to sign such an order seven weeks ago, after Republican senators declined to advance the state constitutional amendment that was her preferred way of addressing the problem.

Both the substance of the measure and the way the governor announced it revealed aspects of her leadership style.

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No Justice No Peace: Elections, actions, and activism

Rob Johnson, Al Womble, and Eddie Mauro of the New Frontier Fund jointly authored this commentary. The No Justice No Peace PAC is online at www.njnppac.com. -promoted by Laura Belin

History is a curious thing. Our understanding of our past changes with time – moving through phases where our perception shifts, evolves and deepens. This examination of our history is constant, and it happens in the public sphere through discussions via social media, the news, commentary, and politics.

We are in the midst of a significant reorganization and shift in how we see, hear, and experience the history of race in America. It’s colliding with a time when Americans fundamentally re-evaluate how we relate to our institutions of government, our neighbors, and our local communities.

This confrontation is messy. It’s fraught with conflict. And it’s necessary.

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Trumped-up executions

This commentary by Patti Brown and Bob Brammer represents the collective view of the Iowans Against the Death Penalty board of directors. -promoted by Laura Belin

Dustin Honken is set to be executed July 17 at the U.S. penitentiary in Terre Haute, Indiana, for two of five murders he committed in Iowa 27 years ago.

This case is of particular interest to Iowans, because while Iowa does not have the death penalty for crimes prosecuted in its state courts, the federal government has retained the death penalty. Honken was sentenced to death in federal court because his crimes involved manufacturing, trafficking, and the distribution of methamphetamine across multiple state jurisdictions.

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Three notable Iowa events that happened on July 4

Independence Day was established to celebrate the July 4, 1776 vote by the Second Continental Congress to adopt Declaration of Independence. But many other noteworthy historical events also happened on this day. Thomas Jefferson and John Adams both died on July 4, 1826. New York state abolished slavery on this day in 1827.

July 4 has also been a significant date in Iowa history. Two of the events described below happened within the lifetimes of many Bleeding Heartland readers.

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Minority impact statements in Iowa: History and continuing efforts

Marty Ryan of Des Moines lobbied the Iowa legislature for 27 years and now blogs weekly. -promoted by Laura Belin

The Iowa quarter, printed in the latter part of 2004, is based upon a Grant Wood painting depicting a group of students and their teacher planting a tree outside of a county school. The statement on the coin says, “Foundation In Education.” For many decades, Iowa was noted for its first-in-the-nation education status. Likewise, Iowa has been a consistent leader in civil rights.

In fact, Iowa established some standards of equality long before the federal government or other states.

But racial disparities continue to affect Iowans in many areas of life. A reform the Democratic-controlled legislature enacted more than a decade ago has only slightly mitigated the problem.

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Response to Senator Julian Garrett's racist dog whistle

Nick Mahlstadt responds to the latest newsletter by Republican State Senator Julian Garrett, which is titled “Black Homicide Victims” and enclosed in full at the bottom of this post. -promoted by Laura Belin

Let’s be clear. This is a racist dog whistle piece written by the state senator representing my district, and I won’t be silent. The so-called black-on-black defense is intellectually dishonest and deflects from the actual issues at hand.

Senator Julian Garrett clearly is not interested in grappling with the reality of police brutality, which disproportionally affects people of color in the state of Iowa and the nation. Not only is his commentary a lazy, GOP talking point copy and paste, it perpetuates thinking that causes physical and mental harm to males who are not white and don’t hold power.

First, let’s address his lazy assessment of black-on-black crime.

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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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Iowa lawmakers had their chance. Now governor should issue voting rights order

“Let them vote! Let them vote!” Black Lives Matter protesters chanted a few minutes after Governor Kim Reynolds signed a police reform bill on June 12. Reynolds did not acknowledge hearing them, continuing to pass out pens to advocates of the legislation, which the Iowa House and Senate had unanimously approved the night before.

The protesters want the governor to sign an executive order automatically restoring voting rights to Iowans who have completed felony sentences. Iowa has the country’s strictest felon voting ban, which disproportionately disenfranchises African Americans. Reynolds has resisted calls to issue an executive order, saying she wants the legislature to approve a state constitutional amendment on felon voting instead.

The Iowa legislature adjourned for the year on June 14 without the constitutional amendment clearing the Senate.

For many thousands of Iowans with felony convictions, an order from Reynolds provides the only path to voting before 2024. She should issue one as soon as possible.

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