# Crime



Can Iowa fix flawed felon database before 2020 election?

Ten months after the Des Moines Register revealed that “Iowa’s flawed felon list has been disqualifying legitimate voters for years,” and five months after voting rights advocates warned that “Iowa’s voter list maintenance practices are arbitrary and unlawful,” Secretary of State Paul Pate announced an ambitious plan to clean up the felon database.

“The new steps to ensure the system’s accuracy include a manual review of all 90,000 files,” a November 20 news release announced. The goal is to complete the task before next year’s general election.

Several unanswered questions remain about the plan.

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Iowa's Ag department ignored repeated warnings from state auditors

The Iowa Department of Agriculture and Land Stewardship (IDALS) has not acted on advice to improve its management of financial transactions and databases “to prevent losses from employee error or dishonesty.”

For ten years running, under three different state auditors, reports have warned Iowa Secretary of Agriculture Mike Naig or his predecessor Bill Northey that the IDALS accounting system does not conform to best practices and does not ensure that some divisions are collecting and depositing fees appropriately.

IDALS leaders have responded to each report with boilerplate excuses and non-sequiturs, instead of changing internal procedures to address the concerns.

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Joni Ernst won't cross NRA for deal on Violence Against Women Act

Months of work on reauthorizing the Violence Against Women Act, which lapsed in February, “came to a screeching halt” this week, U.S. Senator Joni Ernst announced on the Senate floor on November 7.

For 25 years, that federal law has supported “criminal justice and community-based responses to domestic violence, dating violence, sexual assault and stalking in the United States.” Congress has reauthorized it three times, each time with improvements. By Ernst’s telling, “Democrats are putting politics ahead of people,” rejecting a bipartisan approach to revive the law in favor of “non-starter” legislation the U.S. House approved in April.

Some salient facts were missing from Ernst’s narrative. The House bill to reauthorize the Violence Against Women Act was bipartisan: 33 Republicans voted for it.

Ernst also left out a few relevant words: guns, firearms, and National Rifle Association.

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How the Iowa Department of Corrections is addressing racial disparities

Iowa has long had one of the country’s worst racial disparities in the criminal justice system. A 2016 report by Ashley Nellis for The Sentencing Project showed the incarceration rate for African Americans in Iowa was the fourth-highest among the 50 states, with approximately one in seventeen adult black males imprisoned. Iowa ranked third-worst in the nation for racial disparity, with an incarceration rate for African Americans eleven times higher than the rate for white people.

Over the past year, the Iowa Department of Corrections has formally recognized the problem and its responsibility to provide a bias-free environment for incarcerated individuals and those in community-based corrections programs. The department has also taken several concrete steps to improve staff training and identify possible sources of racial disparities.

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Iowa governor names group to steer criminal justice reform efforts

Fourteen people representing a “diverse group of stakeholders” will recommend policies to reduce recidivism and racial disparities in Iowa’s criminal justice system, Governor Kim Reynolds announced on November 4.

Lieutenant Governor Adam Gregg, a former state public defender, will chair the Governor’s FOCUS Committee on Criminal Justice Reform, which will meet for the first time on November 7. FOCUS stands for “Fueling Ongoing Collaboration and Uncovering Solutions.” The other members are:

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Iowa remains among worst states for racial disparities

Midwestern states continue to have greater “racial disparities in economic opportunity and economic outcomes” than do other regions of the U.S., while “policy interventions designed to close those gaps are meager,” concludes a new report by Colin Gordon of the University of Iowa and the Iowa Policy Project.

Gordon’s findings are consistent with past research showing that African Americans in Iowa face pervasive barriers in many areas of life. By some measures, our state’s racial disparities are among the worst in the Midwest region and the country.

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Warm, yet fierce: Why I am supporting Kamala Harris

Norene Kelly is State Representative Karin Derry’s volunteer campaign manager. Derry flipped Iowa House district 39 in 2018 and is running for re-election in 2020.

“Be sure about your answer, sir.”

Senator Kamala Harris first got my attention at Brett Kavanaugh’s confirmation hearings. She was focused and prosecutorial. Her legal background was an obvious advantage. She can be simultaneously steely and smiling. Pressure doesn’t faze her—it empowers her. Wow, I thought, I hope she runs for president.

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Scott Ourth charged with OWI

Democratic State Representative Scott Ourth has been charged with drunk driving, Stephen Gruber-Miller was first to report for the Des Moines Register on October 10. Police in Cherokee pulled Ourth over on the evening of October 5 for driving his truck with headlights off. He failed a field sobriety test, and breath tests indicated his blood alcohol content was over the legal limit.

Ourth lives in Warren County but was scheduled to appear at a fundraiser for fellow state legislator Chris Hall in Sioux City on October 6.

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Why we need Cory Booker in this race

Ryan Stevenson is a field organizer for Cory Booker’s presidential campaign in Waterloo. -promoted by Laura Belin

I first heard about Cory Booker in my political communications class in 2012. We watched a documentary about a young man, eager to change his community while battling a political machine. Looking back, Newark is a lot like Waterloo: a large minority population without a lot of opportunities for those minorities. Just last year, it was said that Waterloo is the worst place in America for African Americans.

It was difficult for me to get through that class and the rest of my classes, because I knew at the end of the semester I would be turning myself in to the Federal Bureau of Corrections.

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El Paso and Dayton: Case studies in media bias and propaganda

Gwen Hope examines propaganda and media bias surrounding the El Paso and Dayton shootings as case studies that illuminate a common trend. -promoted by Laura Belin

Nearly a month has passed since the country and world was yet again shaken by news of mass shootings in the United States. The shootings were so chronologically close to each other that our survival instincts want to forever link them in our memories.

Yet the two incidents are much more different than our evolutionary psychology would have us believe. While the wounds have hardly begun healing, these recent tragedies, now twins in our social consciousness, provide perfect case studies into propaganda and the social reaction to these events.

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Joni Ernst needs to act on the Violence Against Women Act

Lesli Nesmith found that Senator Joni Ernst has little to show for repeated promises to move forward on one of her stated priorities: reauthorizing the Violence Against Women Act. -promoted by Laura Belin

Congress enacted the Violence Against Women Act (VAWA) in 1994 as part of a large crime bill. The law created a system to provide support and programs for victims of sexual assault and domestic violence, as well as a framework of legal enforcement against perpetrators.

In the ensuing 25 years, VAWA has been strengthened and expanded, as policy-makers recognized gaps in the law and changing societal needs. Sadly, this legislation fell victim to the budget battles of late 2018 and lapsed without reauthorization by Congress in December.

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Gunsmokescreen

Ira Lacher: “Bump stocks and assault weapons notwithstanding, if we seriously want to reduce the number of gun deaths in this country, we need to have a come-to-Jesus debate about guns. But we’re not seeing that debate.” -promoted by Laura Belin

So, Republicans are finally and grudgingly moving forward on gun control. Consider these headlines:

    From USA Today: Trump: Congress discussing ‘meaningful’ gun background checks

    From Breitbart: Mitch McConnell: ‘Assault Weapons’ Ban ‘Front and Center’ in Senate

    From the Washington Times: Trump on gun legislation: ‘Common sense things can be done’

Wow! Guess the public is getting to the president and Congressional Republicans after all. We can breathe easier, now that it seems we’ll be getting some commonsense laws that will at least severely restrict gun violence in America.

Except, no.

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A trip to Walmart will never be the same

John Hale is an independent Iowan — thinker, writer, speaker, advocate, consultant. -promoted by Laura Belin

I was inexplicably drawn to a central Iowa Walmart Monday night. I didn’t need to buy anything, but I needed for some reason to be there – maybe to pay homage to those caught in the carnage in El Paso, and maybe to reflect a bit on what this nation has become.

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We've abused it. Repeal it.

Ira Lacher: “If there were ever a real right to own a gun, it has been abused by the number of persons who die by gun in America — 100 times each day, 365 days each year. And like anything we have abused, it is time for it to be taken away.” -promoted by Laura Belin

“Lets eat, Grandma!”

Ignore the comma and the speaker becomes a cannibal.

“… the right of the people to keep and bear arms, shall not be infringed.”

Ignore the comma, as millions of Americans do, including our illustrious Supreme Court, and you have what we experience uniquely among all developed nations: repeated mass carnage at the point of a gun.

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Where are they now? Matt Whitaker edition

Matt Whitaker will become a managing director for the Kansas City-based Clout Public Affairs consulting firm, Jennifer Jacobs of Bloomberg News was first to report on August 1. Whitaker served as chief of staff for U.S. Attorney General Jeff Sessions for a little more than a year before President Donald Trump named him acting attorney general in November 2018, flouting a federal law and a constitutional requirement that anyone holding that position be confirmed by the U.S. Senate.

Whitaker stepped down as acting attorney general in February, after the Senate confirmed William Barr. He was “counselor in the associate attorney general’s office” for just a few weeks before leaving the Justice Department in early March. Jacobs tweeted on August 1, “There was speculation Trump would appoint Whitaker to another admin job, but the president so far hasn’t made any moves to do so, I’m told.”

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Eleven times Chuck Grassley or Joni Ernst opposed reasonable gun limits

Two more horrific gun crimes devastated American cities this weekend. Hours after an attacker fueled by anti-immigrant hate killed 20 and wounded dozens at a shopping center in El Paso, Texas, a shooter using a high-capacity magazine in Dayton, Ohio killed nine people and injured 26 in less than a minute. Last weekend, a famous annual garlic festival in California joined the long list of venues where shooters have killed many people in minutes.

While no one law would would end all mass shootings in the United States, a few gun violence prevention policies could reduce the carnage that is almost unknown in countries with stricter limits on firearms ownership or access.

Iowa’s U.S. Senators Chuck Grassley and Joni Ernst have consistently opposed those policies.

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Iowans engaged in reading the Mueller Report

Amy Adams reports on “Mueller book clubs” organized in Cedar Rapids and Red Oak this summer and efforts to educate Senator Joni Ernst about the special counsel’s findings. -promoted by Laura Belin

Like many others across the nation, Iowans are eager to hear what Special Counsel Robert Mueller will say in his Congressional hearing, now rescheduled for July 24. All eyes and ears will be tuned in to hear the normally tight-lipped Mueller as he is questioned by both the House Judiciary and Intelligence Committees.

The Justice Department has warned Mueller that his testimony “must remain within the boundaries of your public report.” Will he provide more answers than questions about evidence pointing to obstruction of justice by the president?

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Memo to law enforcement officers: Swearing at you is not a crime

The Adams County Sheriff’s office must stop charging critics with crimes, under a U.S. District Court injunction issued this week. The injunction is part of an agreement to settle a federal lawsuit filed on behalf of Red Oak resident Jon Goldsmith, the ACLU of Iowa announced on July 8. Goldsmith faced a third-degree harassment charge last year after putting up a profanity-laden Facebook post about a sheriff’s deputy.

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Interview: Why Cindy Axne's not for impeachment hearings (yet)

Months have passed since Special Counsel Robert Mueller released hundreds of pages of findings from a two-year investigation. About 1,000 former federal prosecutors signed a statement saying “the conduct of President Trump described in Special Counsel Robert Mueller’s report would, in the case of any other person not covered by the Office of Legal Counsel policy against indicting a sitting President, result in multiple felony charges for obstruction of justice.”

Various Trump administration officials have flouted Congressional subpoenas to produce documents or testify. President Richard Nixon’s failure to comply with the House Judiciary Committee’s subpoenas in 1974 were the basis for one of the three articles of impeachment against him.

Yet only about 80 of the 235 U.S. House Democrats are now on record supporting formal impeachment hearings.

None of Iowa’s three Democrats in Congress are among them.

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Iowa attorney general seeking Catholic Church records on clergy abuse

“We appreciate the efforts that you have undergone to produce your list of clergy who committed abuse,” Attorney General Tom Miller wrote to the leaders of Iowa’s four Catholic Dioceses on May 31. “But we believe that in this context, a credible third-party review is warranted and will add to transparency, reconciliation, and healing.”

Miller is asking the bishops to turn over extensive records related to alleged abuse each Diocese has investigated.

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Reynolds, GOP killed way to reduce racial, economic disparities in Iowa courts

Governor Kim Reynolds made headlines last week with two vetoes: blocking language targeting the attorney general, and rejecting a medical cannabis bill that had strong bipartisan support in both chambers.

A provision she didn’t veto drew little attention. For the foreseeable future, it will prevent Iowa courts from using a tool designed to make the criminal justice system more fair to defendants of all races and income levels.

Reynolds should appreciate the value of the Public Safety Assessment (PSA), since she works closely with two former State Public Defenders: Lieutenant Governor Adam Gregg and the governor’s senior legal counsel Sam Langholz. But last year she ordered a premature end to a pilot program introducing the tool in four counties. The governor’s staff did not reply to repeated inquiries about the reasoning behind Reynolds’ stance on this policy.

Notably, the owner of Iowa’s largest bail bonding company substantially increased his giving to GOP candidates during the last election cycle, donating $10,100 to the governor’s campaign and $28,050 to Republicans serving in the state legislature.

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2019 Iowa legislative recap: Constitutional amendments

Bleeding Heartland continues to catch up on the legislature’s significant actions during the session that ended on April 27. Previous posts related to the work of the Iowa House or Senate can be found here.

Republicans showed little interest in amending the Iowa Constitution during the 2019 session. Only one amendment passed both chambers. If and when that proposal appears on a statewide ballot, it will spark a costly and divisive campaign about gun rights and regulations.

The Senate and House debate over the pro-gun amendment is the focus of the first half of this post. Arguments raised on both sides will surely return in future television commercials and mass mailings.

The rest of the post reviews this year’s unsuccessful attempts to change the constitution. One amendment (backed by Governor Kim Reynolds) made it through the Iowa House, and four others advanced from a House or Senate committee but did not come up for a floor vote. The rest did not get through a committee, even though some of the same ideas went further last year.

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Outliers

Stacey Walker has chaired the Linn County Board of Supervisors since January. He delivered this State of the County Address on May 8. -promoted by Laura Belin

It is with great pride that I stand before you today, with the awesome task of presenting the state of the county address: an occasion I’m sure everyone here has been looking forward to since the date was announced. I know in my heart that you’re all here because you want to be, and not because your employer bought a table and needed it to be filled.

My sincere thanks to the women and men of the League of Women Voters for doing the hard work of organizing this event – and many others – designed to keep the general public informed of and engaged in the happenings of our democracy. You all are heroes.

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If a teacher were president...

Tyler Higgs is a school psychologist who lives in Clive. -promoted by Laura Belin

If a teacher were president…

She would rebuild the middle class because she knows that students who come from a lower socioeconomic background are at a disadvantage when it comes to their education, physical health, and career readiness. This affects our society as a whole.

She would fight for high quality universal child care and early childhood education, which have a high return on investment for her students and for America.

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"This is political": House Republicans vote to limit Iowa AG's powers

North Carolina Republican lawmakers started the trend after losing the governor’s race in 2016. GOP legislative majorities in Michigan and Wisconsin followed suit late last year, seeking to hamstring newly-elected governors and the Michigan attorney general. Kansas Republicans are now trying to limit the appointment power of that state’s Democratic governor.

Iowa House Republicans took their own step toward “banana-republic style governance” on April 23, voting for unprecedented restrictions on Attorney General Tom Miller’s ability to make legal decisions.

The bill’s floor manager, State Representative Gary Worthan, admitted his proposal stemmed from political disagreements with Miller, whom Iowans elected to a tenth term last November.

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Theresa Greenfield's former campaign manager provides a teachable moment

“My name is Noah Wasserman. I made a mistake that impacted your lives.”

A year after Theresa Greenfield failed to qualify for the Democratic primary ballot in Iowa’s third Congressional district, her former campaign manager apologized in an unprecedented full-page advertisement in the Sunday Des Moines Register.

Wasserman’s account of how he derailed a promising candidacy conveys valuable lessons not only for people working in politics, but for anyone who feels overwhelmed by tasks at hand.

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Iowans rally to release full Mueller report

Amy Adams is an organizer with Progress Iowa. -promoted by Laura Belin

On Thursday, April 4, Iowans rallied in four locations across the state (Indianola, Red Oak, Cedar Rapids, and Dubuque) as part of a nationwide day of action to demand a full release of Special Counsel Robert Mueller’s report.

Attorney General William Barr has released only a four-page summary of more than 400 pages submitted to the Department of Justice regarding Russian interference in the 2016 election and contacts between President Donald Trump’s campaign and Russian operatives.

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County treasurers' debacle is teachable moment for Iowa officials, attorneys

Top officials in the Iowa State County Treasurers Association voted on March 27 to discontinue a controversial scholarship program, Ryan Foley reported for the Associated Press.

Earlier this month, all 99 county treasurers received the latest call for scholarship applications. Since then, longstanding doubts about the program’s legality reached a wider audience after Foley revealed that two county treasurers had vacationed last fall with the owner of a company doing business with their offices.

The bad publicity could have been avoided if treasurers and those advising them had been committed to complying with Iowa’s gift law, even when no one was looking.

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A tale of two personhood amendments

Two years ago, State Senator Jake Chapman’s Republican colleagues slapped down his efforts to force a Senate vote on language declaring that life begins at conception, with every fertilized egg “accorded the same rights and protections guaranteed to all persons.”

This week, Republicans helped Chapman accomplish what he failed to do then: sneak “personhood” language into a bill during Senate floor debate.

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Reynolds takes solid step toward expanding voting rights

Since Governor Terry Branstad signed an order in January 2011 to end automatic restoration of voting rights for Iowans who have completed felony sentences, only 328 affected people have regained their franchise: 206 through the end of Branstad’s tenure, and 122 since Governor Kim Reynolds became the state’s leader in May 2017. Yet an estimated 52,000 Iowans are ineligible to vote because of a criminal record.

A constitutional amendment moving through the state legislature would end the lifetime ban for most Iowans with felony convictions but could not take effect until 2023 at the earliest.

Today Reynolds announced several steps aimed at increasing the number of Iowans who could participate in the electoral process sooner than that.

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How do you represent those people?

Aaron Hawbaker is the chief public defender for Black Hawk County. -promoted by Laura Belin

I am a criminal defense attorney. More specifically, I am a public defender. That further distinction is important for this discussion, because public defenders do not choose their clients based upon ability to pay or the merits of their case. They take all comers, warts and all. I am now in my fifteenth year of public defense and have had the responsibility of defending individuals charged with the spectrum of human baseness.

I am often asked, more frequently the more notorious the case, how can you represent those people?

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Federal court tossed lawsuit targeting Dakota Access pipeline protestors

In a victory for freedom of speech and association, a federal court last week “dismissed a $1 billion racketeering lawsuit that the developer of the Dakota Access oil pipeline filed against environmental groups and activists, saying he found no evidence of a coordinated criminal enterprise,” Blake Nicholson reported for the Associated Press on February 14.

Two of the named defendants, Jessica Reznicek and Ruby Montoya, lived in Iowa when they repeatedly lit fires and used cutting torches to damage the Dakota Access pipeline. They later went into hiding, and Bleeding Heartland’s attempts to reach them for comment were unsuccessful.

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On acknowledging victims as we reform felon voting restrictions

Matt Chapman reports from the first legislative hearing on a constitutional amendment to change Iowa’s felon disenfranchisement system. -promoted by Laura Belin

Despite record low temperatures outside, the room was packed for the January 31 Iowa House Judiciary subcommittee meeting to consider House Study Bill 68, a constitutional amendment proposed by Governor Kim Reynolds.

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Don't make more than 52,000 Iowans wait until 2023 to vote

Governor Kim Reynolds asked Iowa lawmakers today to start the process of amending the state constitution to remove the lifetime ban on voting by those who have committed “infamous crimes,” which under current law are defined as all felony offenses.

A constitutional amendment would be the best long-term fix for an unfair system that disproportionately affects racial minorities and those lacking the funds to navigate the restoration process. So the Iowa House and Senate should certainly heed the governor’s call. But it’s difficult to get a constitutional amendment through both chambers of the legislature, and the soonest an amendment could be enacted would be November 2022.

Reynolds and state lawmakers can and should take immediate steps to allow tens of thousands of Iowans to participate in this year’s local elections, the 2020 caucuses, and the primary and general elections of 2020 and 2022.

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Our new year of progress

On Wednesday, January 2 2019, Linn County Supervisor-elect Stacey Walker was sworn into office and voted chair of the new three-member board. Walker is the first African American to hold the position and serve as chairperson of the governing body of Iowa’s second most populous county. After he was sworn in, he shared the following remarks. -promoted by Laura Belin

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