Iowa has long been one of the worst states for racial disparities in the criminal justice system. Gwen Hope reviews some depressing relevant data. -promoted by desmoinesdem

If you’ve been convicted of falling short of the law in Iowa, it pays to be white. This is nothing new, racial bias nationwide has long been a known and understood problem rooted in the prejudices of the past and present. How much bias, however, might surprise some people.

This is nearly 2019, after all, many white Americans live as if racism is a thing of the past no longer dealt with in their illusory post-racial modern world. In 2018, the evidence here in Iowa shows the continuation of one of the longest, most abhorrent trends in US history – white privilege, black punishment.

Both Senator Chuck Grassley and Joni Ernst voted for a criminal justice reform bill that cleared the U.S. Senate on December 18 by a resounding 87 votes to 12 (roll call). Iowa’s senators were also part of the bipartisan majority that rejected three Republican amendments, described by one advocacy group as poison pills “aimed at gutting the substance and intent of the bill.”

Grassley wasn’t an early advocate of criminal justice reform, especially sentencing reform. As recently as March 2015, he slammed what he called the “leniency industrial complex,” which favored reducing long mandatory minimum sentences for non-violent drug offenses. But he came around about three years ago and helped build Republican support for the current bill, commonly known as the First Step Act.

In one of his final acts as Senate Judiciary Committee chair, Grassley pushed Majority Leader Mitch McConnell publicly and privately to bring the legislation to the Senate floor. After yesterday’s votes, New York Times photographer Sarah Silbiger captured images of Grassley celebrating with Democratic Senator Cory Booker, who has helped lead the charge on this issue.

Acting Attorney General Matt Whitaker met with President Donald Trump and the president’s son-in-law Jared Kushner on the morning of December 7, hours before federal prosecutors released three briefs recounting crimes and misconduct by Trump’s former campaign manager Paul Manafort and personal attorney Michael Cohen.

Cameron Joseph of Talking Points Memo saw Kushner and Whitaker boarding Marine One, the helicopter carrying the president, around 9:00 am. The meeting was improper because Whitaker will continue to oversee special counsel Robert Mueller for at least another month.

Tyler Higgs is an activist in Clive and a former candidate for Waukee school board. -promoted by desmoinesdem

The audit report of Waukee School District has been released, exposing more incidents of corrupt and/or inept management at the highest levels of the district. The full report is enclosed below, along with a summary of key findings.

I previously discussed some of these issues, but for those unfamiliar with the ongoing saga, here’s a refresher:

A West Des Moines police officer followed and eventually arrested an African American man who was canvassing on behalf of U.S. Representative David Young. Keilon Hill came to Iowa to work for a Republican-aligned super-PAC and recorded his interactions with Officer Clint Ray on October 29. Iowa Citizens for Community Improvement released those videos today, saying the incident provides “more evidence of racial profiling among police officers in the Des Moines metro area.”

President Donald Trump seems unable to behave appropriately in any situation, so his tone-deaf reaction to the murder of eleven people in Pittsburgh’s Tree of Life synagogue on October 27 was on brand.

A year ago this week, State Auditor Mary Mosiman released the findings from her office’s only examination of the wide-ranging scandal surrounding former Iowa State University President Steven Leath’s use of university-owned airplanes.

To say the self-styled “taxpayer’s watchdog” failed to properly investigate Leath’s personal trips on the taxpayer’s dime would be an understatement.

Mosiman did not try to find out how many times Leath misused ISU’s airplanes or how much his personal travel cost the university. Because the auditor looked the other way, Iowans will never know the scope of a top official’s misconduct at a large public institution.

Potential legal challenges loom over every case District Court Judge Jason Besler handles unless Iowa Supreme Court Chief Justice Mark Cady intervenes to ensure that Besler lawfully holds his current position.

Cady has not signed any document filling the Judicial District 6 vacancy, judicial branch communications director Steve Davis confirmed to Bleeding Heartland on October 2. Davis has declined further comment on questions surrounding the legality of Governor Kim Reynolds’ appointment of Besler.

Iowa’s disastrous Medicaid privatization is becoming an important theme of Rob Sand’s campaign for state auditor. While Republican incumbent Mary Mosiman was slow to embark on a review of the program and won’t promise to release her office’s findings before the November election, Sand has pledged to thoroughly investigate the operations of managed-care organizations (MCOs), which now make health care decisions affecting more than 600,000 Iowans.

U.S. Senator Joni Ernst has cultivated an image as a politician who is deeply concerned about sexual assault. Her official website has a whole page dedicated to the issue.

But as Senate Republicans appear ready to ram through Judge Brett Kavanaugh’s confirmation for the U.S. Supreme Court, Ernst has not demanded any thorough investigation of the allegations against Kavanaugh. On the contrary: she is ready to reward his aggressive, evasive performance before the Senate Judiciary Committee with a lifetime seat on the high court.

Alexandra Rucinski is a patient advocate for Planned Parenthood and an activist for sex education and reproductive rights. -promoted by desmoinesdem

I was talking to my now fiance; we’d been together for a bit at this point, and we were talking about sex. Out of the blue, I asked him if he was beginning to have sex with someone, and then they changed their mind and asked him to stop, would he stop?

He very quickly responded that yes, he would immediately stop and that if he didn’t stop, that was rape.

That was the moment it clicked inside my head that what happened to me that summer day wasn’t ok. I couldn’t bring myself to call it rape yet, but that was the first time someone told me that not stopping was wrong, that not stopping was a violation. No one had ever said anything like that to me before.

Laural Clinton is a member of Iowa Citizens for Community Improvement’s racial justice team and the mother of Jared Clinton, who was the passenger in a recent racial profiling video released to the public. -promoted by desmoinesdem

Racial profiling. It’s a tough topic to discuss. But for us in the Black community, racial profiling is a reality we deal with every day–when we go to the store, when we drive our cars, when we eat at restaurants.

As a mother of three Black sons, I am intimately familiar with this issue.

Anyone who has followed Iowa politics during the past decade must read Tim Alberta’s profile of former State Senator Kent Sorenson in the latest edition of Politico Magazine. “Kent Sorenson Was a Tea Party Hero. Then He Lost Everything” is fascinating from beginning to end, so I strongly encourage clicking through to read the whole piece.

Having covered Sorenson’s legislative career and intensely disagreed with nearly everything he stood for, I was genuinely moved to learn how his outlook has changed over the past few years. Some passages that caught my eye are after the jump.

Johnson County Supervisor Kurt Friese wrote this commentary before The New Yorker published new sexual misconduct allegations about Brett Kavanaugh on September 23. -promoted by desmoinesdem

Let’s get this out there at the outset: I am a person of tremendous privilege. I may not be at the very top of the privilege ladder, but as a college-educated, straight, white cis male who attended both public and private schools during my upper middle class suburban upbringing, as a successful business person, and now as an elected official, yeah, I’m up there.

What was already a difficult race for Democrats in Iowa Senate district 15 became virtually impossible on September 14, when a federal grand jury charged Leesa Marie Parkhill-Nieland with theft and Social Security fraud. Parkhill-Nieland is married to Dan Nieland, the Democratic candidate who will face two-term Republican State Representative Zach Nunn in November.

At an emergency meeting of the Jasper County Democratic Central Committee on September 17, Nieland admitted he knew his wife was facing a criminal investigation before seeking the nomination at a special convention last month.

Amanda Hardy teaches at a state university and is a licensed mental health counselor in Iowa. -promoted by desmoinesdem

I teach a course on poverty and housing at one of our state universities. Every year, I ask my students to explore issues relating to privilege very early in the semester. I believe it is necessary to be constantly reflecting on the ways our positions and experiences play in our thinking and doing while we address heavy and often divisive topics like inequality. I have been teaching this particular course for seven years.

I adopted this particular exercise (an adaptation of Dr. Renee Cramer’s “Continuum of Identities and Experiences”) as a means to begin our conversations and personal reflecting in the fall of 2016. While being intentional and reflective on the role of our personal experiences was always a central part of my course, I–like most instructors–was on the lookout for a better way to enhance our learning and engagement around this issue.

U.S. Representative Dave Loebsack voted for yet another bad Republican bill on September 7. Despite being a member of the Congressional Progressive Caucus, Loebsack has long had a less progressive voting record than most of his House Democratic colleagues.

Occasional conservative votes were understandable after Loebsack survived a close call in 2010 and faced hundreds of thousands of dollars in outside spending on attack ads before the next two general elections. But the last remaining Iowa Democrat in Congress coasted to a sixth term in 2016 with no groups spending money against him. He outperformed Hillary Clinton by about 9 points in the 24 counties he represents. Iowa’s second Congressional district is by common consent a safe Democratic seat this year. As of June 30, Loebsack’s campaign had nearly $2 million cash on hand, while his GOP challenger Christopher Peters had less than $30,000.

Why isn’t Loebsack a more reliable progressive vote in the House?

Linn County Supervisor Stacey Walker and Mahder Serekberhan, a recent graduate of Mt. Mercy University in Cedar Rapids, describe efforts to break cycles of hardship stemming from encounters with the criminal justice system. -promoted by desmoinesdem

The Linn County Board of Supervisors, the City of Cedar Rapids and Iowa Legal Aid have teamed up to offer a legal clinic this fall for Linn County residents seeking relief from the consequences stemming from encounters with the criminal justice system. This Expungement and Employment Barriers Resource Clinic will be held Saturday, September 22 in Cedar Rapids at the Linn County Community Services Building located at 1240 26th Ave Court SW.

Anyone who has experienced Iowa’s criminal justice system and needs help with expungement, court debt, background check issues, or obtaining a driver’s license or vehicle registration can sign up by visiting the Linn County Board of Supervisors website at www.linncounty.org, or by calling Iowa Legal Aid at 515-243-1193. In addition, the clinic will host several community organizations that will offer assistance with housing, financial planning, education, and other issues.

First in a series by Tyler Higgs, an activist and former candidate for Waukee school board. -promoted by desmoinesdem

Let’s say you are a corrupt school administrator, and you want to accept kickbacks from vendors, manipulate time cards, and/or take school property. If you work in Waukee, just go ahead and do it. In this instance, crime really pays. Based on what happened with the the district’s current chief operating officer Eric Rose, here’s what you can expect:

A little-noticed Iowa Supreme Court decision may leave Iowans more vulnerable to infringements of their constitutional rights.

Five justices held in Baldwin v. City of Estherville that government officials who can prove they “exercised all due care to conform with the requirements of the law” can’t be sued for wrongful arrests or searches and seizures. Justice Edward Mansfield’s majority opinion establishes qualified immunity for state constitutional law claims in Iowa. That legal concept means plaintiffs can’t easily sue individual officials (such as police officers) for violating their rights. The U.S. Supreme Court’s broad application of qualified immunity has become a hot topic of debate among legal scholars.

To my knowledge, no Iowa media have reported on Baldwin, which was overshadowed by higher-profile split decisions the state Supreme Court filed on the same day in June: namely, a landmark 5-2 abortion rights ruling and a 4-3 ruling that allowed a county attorney to return to his job despite a well-documented history of sexual harassment.

But dissenting Justice Brent Appel warned the Baldwin majority opinion may encourage abuses of power: “Rather than follow the state’s motto, ‘Our Liberties We Prize and Our Rights We Will Maintain,’ the majority follows an approach that suggests ‘Our Liberties Are Transient and Our Rights Are Expendable.’” Professor Mark Kende, director of Drake University’s Constitutional Law Center, told Bleeding Heartland last month that Baldwin could be an “‘under the radar’ big deal case.”

Ed Fallon, a leading opponent of the Dakota Access (Bakken) Pipeline, recently told the Des Moines Register that acts of sabotage were “very misguided,” “didn’t accomplish anything significant in terms of stopping the pipeline,” and “alienated a lot of people who we need on our side.” -promoted by desmoinesdem

I want to respond to feedback I received, some of it harsh, to a recent article I wrote about the destruction of equipment along the route of the Dakota Access Pipeline by Jessica Reznicek and Ruby Montoya in 2016/2017. I concede that some of what I wrote previously could have been explained more clearly, so here goes.

The new leader of the U.S. Department of Justice Criminal Division has never prosecuted a case and recently represented a major Russian bank aligned with the Kremlin. Nevertheless, Senators Chuck Grassley and Joni Ernst joined every Republican present (plus one conservative Democrat) to confirm Brian Benczkowski on July 11 as assistant attorney general.

What could go wrong?

After eight years as an all-male club, the Iowa Supreme Court will soon gain its third ever woman justice.

Members of the State Judicial Nominating Commission submitted three names to Governor Kim Reynolds on July 10: District Court Judge Susan Christensen of Harlan, private attorney Terri Combs of West Des Moines, and District Court Chief Judge Kellyann Lekar of Waterloo. Within the next 30 days, Reynolds must choose one of those women to replace retiring Justice Bruce Zager.

Follow me after the jump for highlights from each finalist’s application and remarks before the commission.

Governor Kim Reynolds restored voting rights to 35 Iowans during her first year in the state’s top office. That number represents less than one-tenth of 1 percent of at least 60,000 Iowans who are ineligible to vote due to a felony conviction. Just 241 Iowans–less than one-half of 1 percent of those disenfranchised–have regained their voting rights since Governor Terry Branstad changed the system seven years ago to require a cumbersome application process.

Governor Kim Reynolds used her item veto power today to preserve a pilot program designed to facilitate fair, cost-effective decisions on pretrial release for criminal defendants.

Hundreds if not thousands of Des Moines voters received a mailing on May 26 attacking State Senator Matt McCoy, who is challenging incumbent John Mauro in the June 5 Democratic primary for Polk County Supervisor District 5. The piece featured the headline and first two sentences from a ten-year-old Bleeding Heartland post, “McCoy to pay fine to settle ethics investigation.”

That fine stemmed from an illegal contribution to Mike Blouin’s campaign for governor in 2006. But the extortion charge cited in the same mail piece was not proven in court. On the contrary, the case was arguably an abuse of power by then Republican U.S. attorney Matt Whitaker. The third claim in the anti-McCoy mailer seems like a stretch as well.

Iowa lawmakers went home for the year on May 5. In the coming weeks, Bleeding Heartland will catch up on some of the legislature’s significant work that attracted relatively little attention.

Two proposed state constitutional amendments passed both chambers and could appear on the 2020 general election ballot, if the House and Senate approve them in the same form during either 2019 or 2020.

Three other constitutional amendments cleared one chamber in 2017–in one case unanimously–then stalled in the other chamber as lawmakers completed this two-year session. Those ideas may resurface next year. But since changes to the state constitution must be passed by two consecutively elected legislatures before landing on the general election ballot (the last step in the process), Iowa voters would not be able to ratify those proposals until November 2022 at the earliest.

More than two years after outside experts recommended a “complete review” of guidelines on the use of force, the Waterloo Police Department finally adopted a new policy in December 2017. Police leaders didn’t publicize the changes, and to my knowledge, no media have reported on the revisions.

In many ways, Waterloo’s updated use-of-force policy reflects national consensus on best policing practices. Some improved passages appear to be a response to notorious local incidents of officer misconduct.

On the other hand, several important principles on the use of force are missing from Waterloo’s new document.

Jeff Cox offers some reasons for Iowans who care about racism to “think local.” -promoted by desmoinesdem

Low levels of voter turnout in America are disheartening. Bernie Sanders showed that large numbers of young, new voters can be brought into the electoral system. But what about local elections for school board and city council elections, not to mention bond issues, and the sadly neglected party primaries for local officials?

Here are some reasons to “think local” about elections if you care about racism, with evidence taken from five recent Johnson County elections.

State Representative Marti Anderson is a Democrat serving her third term in the Iowa House. Before that, she was founding director of the Iowa Attorney General’s Crime Victim Assistance Division for 22 years. -promoted by desmoinesdem

It is time for an Iowa Crime Victim Rights Constitutional Amendment that will give constitutional standing to basic crime victim rights in the Iowa Code. Basic crime victim rights in the justice system include: the right to timely notification on the case and on the status of the offender; the right to be present at criminal proceedings; the right to be heard at sentencing and parole; the right to request restitution for financial loss; and the right to court consideration of their safety in all phases of the case.

Some Iowa victim advocates have worked for a crime victim rights amendment for several decades. I’ve filed an amendment each of my three sessions in the House. There are two major differences this year.

Tiffany Allison is president and founder of the Soaring Hearts Foundation, -promoted by desmoinesdem

Last week was National Crime Victims’ Rights Week, when victims across the country are honored for their forced participation in acts that changed the trajectory of their lives. It was a week to celebrate and support survivors in their journeys to healing and recovery.

I never thought I would have a reason to be a participant in that celebration.

Beth Barnhill from the Iowa Coalition Against Sexual Assault and Laurie Schipper from the Iowa Coalition Against Domestic Violence contributed the following commentary. -promoted by desmoinesdem

The Iowa Coalition Against Sexual Assault (IowaCASA) and the Iowa Coalition Against Domestic Violence (ICADV) oppose the bill known as “Marsy’s Law,” in its current form. This legislation proposes to amend Iowa’s state constitution to establish specific rights for victims of crime. However, Iowa law already provides statutory victims’ rights protections under Chapter 915.

While we remain unwavering in our support for crime victims, we believe a constitutional amendment is the wrong mechanism for effectively supporting victims. Legislation like Marsy’s Law undermines the systems and services that can better meet the comprehensive needs of victims of crime. What’s more, Marsy’s Law provides no meaningful remedy or adequate funding for services. It provides a false hope to victims, and prioritizes the rights of victims who pursue remedy in a courtroom over the vast majority of victims who choose not to.

Carl Olsen is a longtime advocate for expanding access to medical cannabis in Iowa and maintains the Iowans for Medical Marijuana website. -promoted by desmoinesdem

Representative David Young is co-sponsoring federal legislation, the CARERS Act of 2017, H.R. 2920, that would interfere with Iowa’s Medical Cannabidiol Act of 2017, passed during the closing hours of last year’s legislative session.

And it’s not just Young. Representative Dave Loebsack, Iowa’s only Democrat in Congress, is also co-sponsoring the CARERS Act of 2017.  What is surprising to me as a Democrat is that the Republican representing the first district, Rod Blum, is actually the only Iowa member of Congress that understand federalism.  What I mean by “federalism” is that Blum is representing the people of the state of Iowa rather than federal interference with our new state medical marijuana law.

Iowa House Republicans suppressed two attempts to consider legislation that would make it easier to temporarily remove firearms from individuals who pose a danger to themselves or others because of severe mental health issues. Democratic State Representative Art Staed has vowed to keep trying to pass what he called “a vital tool” to help family members and law enforcement save lives.

State Auditor Mary Mosiman continues to defend her failure to ask tough questions as an ex officio member of the board that was supposed to oversee the scandal-plagued Iowa Communications Network.

Mosiman had a spotty attendance record for meetings of the Iowa Telecommunications and Technology Commission, which didn’t notice “misspending, cronyism and self-dealing” at ICN for years. Whistleblowers came forward last summer, prompting a special investigation that led to the firing of three top officials.

During a recent meeting with state lawmakers, Mosiman contended she had no reason to believe the ICN was being mismanaged and indicated she didn’t see her board role as relevant to her job as state auditor. She also revealed she hadn’t been aware that voting members were paid to serve on the technology commission, even though their salaries were written into Iowa Code.

Matt Chapman reports from today’s Iowa Senate committee hearings on a massive tax bill published the previous day. -promoted by desmoinesdem

Senate Republicans dropped Senate Study Bill 3197 on February 21, scheduling a subcommittee on the tax plan first thing the following morning and a full Ways and Means Committee to consider the bill shortly after lunch. They had employed a similar shock-and-awe tactic last week to get Senate Study Bill 3193 through the legislature’s “funnel” on the last possible day. That bill, modeled after a Florida law deemed unconstitutional, called for drug testing Medicaid and food assistance (SNAP) recipients, along with quarterly instead of yearly recertification and work requirements.

In opening comments on his tax proposal, Senate Ways and Means Chair Randy Feenstra said SSB 3197 was “bold” and would save Iowans an average of $1,000 in taxes. You can watch the whole meeting on video here.

Senator Pam Jochum, the ranking Democrat on the committee, said she was looking forward to input from EMS and firefighters, among others, since this bill would end deductions. She was also concerned that there was no fiscal impact statement and wanted to be sure it fit the budget. Jochum asked Feenstra if he had any data he could share.

A personal commentary by Matt Chapman to coincide with the “Day on the Hill” for our state’s National Alliance on Mental Illness chapter. NAMI Iowa’s “mission is to raise public awareness and concern about mental illness, to foster research, to improve treatment and to upgrade the system of care for the people of Iowa.” -promoted by desmoinesdem

In the last few years I have found myself politically active and seem to be trying to make up for years of not having the right to vote and taking it for granted when I did participate. I would like to share where my focus is and relate how I came to feel so intensely about these issues. You never know when you may find your voice, and if it took me until my 50s, so be it.

Fifty-three years after a Democratic-controlled legislature and Democratic governor abolished the death penalty in Iowa, Republicans lack the support to bring back capital punishment, despite large majorities in both chambers.

Self-awareness has never been Governor Kim Reynolds’s strong suit. Even so, her campaign’s latest fundraising pitch, pegged to a harmful immigration bill pending in the Iowa legislature, revealed remarkable layers of hypocrisy.

Republican State Representative Steve Holt has described a bill seeking to ban “sanctuary cities” in Iowa as a “common-sense issue for a lot of people.” At an Iowa House Public Safety subcommittee meeting on January 30, Holt and fellow Republican Greg Heartsill voted to advance this poorly thought-out and possibly unconstitutional legislation, even though supporters couldn’t recruit a single person to speak in favor of it.