# Crime



The 16 Bleeding Heartland posts I worked hardest on in 2016

For the first time last year, I put some thought into what posts had consumed the greatest amount of my energy. I realized that some of those deep dives were among my most satisfying writing projects. That new awareness informed my editorial choices in good and bad ways. Unfortunately, some election-related stories I would have covered in previous cycles didn’t get written in 2016, because I was immersed in other topics. On the plus side, those rabbit holes led to work I’m proud to have published.

Assembling this post was more challenging than last year’s version. Several pieces that would have been among my most labor-intensive in another year didn’t make the cut. A couple of posts that might have made the top ten were not ready to go before the holidays. Maybe they will end up in a future collection of seventeen posts I worked hardest on in 2017.

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Politically motivated Iowa fraud case points to Polk County prosecutor's failure

A former administrative law judge who testified about political interference at Iowa Workforce Development is facing a felony fraud charge after staff in the Polk County Attorney’s office failed to do their homework.

Ryan Foley reported Thursday for the Associated Press that former Administrative Law Judge Susan Ackerman is charged with making fraudulent submissions, having “falsely certified that her married daughter was single so that she could receive state health insurance in 2013 and 2014.” When the Iowa Supreme Court Attorney Disciplinary Board reviewed an Iowa Workforce Development complaint citing the same conduct a year and a half ago, the board determined “that Ackerman didn’t commit an ethical violation and declined to take action against her law license,” Foley noted.

So why is she facing criminal prosecution now? Because no one in the Polk County Attorney’s office researched this case before filing charges.

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Grassley still determined to hold short, early Sessions confirmation hearings

U.S. Senator Chuck Grassley announced on December 21 that he will continue to chair the Senate Judiciary Committee in the new Congress. In doing that job, his priorities will be “the hearings and confirmation process on executive branch nominations to the Department of Justice, starting with United States Attorney General nominee Jeff Sessions. The committee will also receive and process the nomination of a new Supreme Court justice. Grassley plans to focus on reforming the federal criminal justice system, conducting rigorous oversight of the FBI and Justice Department, ensuring the immigration laws are enforced, working to keep competition in the prescription drug market, reining in excessive government regulations, and protecting whistleblowers and the tools used to root out fraud against the federal government.”

Sessions can expect a less than “rigorous” vetting when Grassley’s committee takes up his nomination next month.

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Twelve holes in the internal ISU Flight Service audit

The Iowa Board of Regents gave Iowa State University President Steven Leath a well-choreographed vote of confidence on Monday. First, Chief Audit Executive Todd Stewart took the board through highlights from his team’s review of ISU’s Flight Service, noting the “full cooperation” provided by ISU staff. Then a contrite yet defensive Leath took the floor. Still insisting he did not violate any policies or laws, the president admitted he could have shown “better judgment” and said he is “very sorry” about “things I should have done differently.” In particular, he “used the university planes more frequently than was absolutely necessary, and should have been more transparent about some of the use.” He promised to be “more thoughtful” and learn from this experience. The 12-page auditor’s report and full statement from Leath are enclosed at the end of this post.

Regent Larry McKibben was up next to thank Leath for his leadership and contribution to positive trends at ISU, adding that he hopes for more “great things” during the next five years. The chair of the Regents’ audit committee has never viewed what he called a “ding on an airplane wing” as grounds to change his opinion of Leath. His remarks before the regents went into closed session signaled that the overseers would neither fire nor severely sanction the ISU president.

After board members evaluated Leath’s performance, Board President Bruce Rastetter asserted that Leath had “eliminate[d] any questions about the personal benefit that he may have received by using the university aircraft,” having reimbursed the ISU Foundation for costs associated with some flights. He went on to say,

“Clearly, President Leath’s acknowledgment that he takes full responsibility for the issues identified in the audit and that he should have been more transparent about the use of the planes reassures this board, and I hope all Iowans, that the president deserves our continued trust and support,” Rastetter said. “Furthermore, the board believes the audit has put to rest any concerns about President Leath’s use of the aircraft.”

This Iowan is not reassured. The audit has big holes and failed to fully account for costs of Leath’s airplane habit.

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ISU stonewalls, Leath plays the victim ahead of airplane use audit

Any day now, the internal auditor for the Iowa Board of Regents may complete his review of all plane trips on Iowa State University’s Flight Service since President Steven Leath came to ISU nearly five years ago.

Although Leath has promised to be “as open and transparent as possible” regarding his airplane use, ISU officials have steadfastly refused to clarify certain details about specific flights or university practices. Reporters probing facts not found on the “frequently asked questions” page keep getting the same runaround: ISU cannot comment, so as not to “jeopardize the integrity of the audit.”

ISU has also slow-walked some information requests related to the airplane controversy. Ten days since the university’s Public Records Office received my payment for one set of records, I’m still waiting for documents that were supposed to take only 3.5 hours to compile. The delay will prevent me from reporting on a potentially newsworthy angle before Todd Stewart sends his findings to the Board of Regents. Depending on when the material arrives, how long it takes to review it, and whether ISU answers follow-up questions promptly, I may not be able to publish before board members convene a special meeting to discuss the internal audit.

Leath complained last week about supposedly “vicious personal attacks” in media coverage of the airplane controversy. It’s not the first time he has claimed to endure “unfair” treatment by writers supposedly engaged in “distortions” and asking “inappropriate” questions.

In reality, “planegate” reporting has addressed Leath’s conduct and use of university resources, not his personal qualities.

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Chuck Grassley's ready to run interference for Jeff Sessions

After meeting with his longtime colleague Jeff Sessions on November 29, Senator Chuck Grassley signaled that he will not only support President-elect Donald Trump’s choice for attorney general, but also limit Democrats’ ability to expose the nominee’s record during confirmation hearings.

In a statement enclosed in full below, the Judiciary Committee chair warned he will not allow a repeat of the 2001 debate over President George W. Bush’s nominee for the same job, John Ashcroft. In Grassley’s view, those hearings “turned into a reckless campaign that snowballed into an avalanche of innuendo, rumor and spin.”

Citing Senate consideration of the last four attorneys general as precedent, Grassley promised a “fair and thorough vetting process” for Sessions: hearings lasting one to two days, without a large number of outside witnesses. He expressed the hope that Democrats “will resist what some liberal interest groups are clearly hoping for – an attack on [Sessions’s] character.”

Grassley “intends to hold the hearing before the President-elect is sworn in.” His statement explained, “it is customary to hold a hearing for the Attorney General prior to the Inauguration as was the case with both Attorney General Eric Holder and Attorney General John Ashcroft.”

In other words, after presiding over a committee that slow-walked numerous federal judicial nominees, after obstructing a Supreme Court nominee for an unprecedented length of time, Grassley is in a hurry to get Sessions confirmed. He doesn’t want to get bogged down examining the nominee’s extreme views on immigration policy or criticism of the Americans with Disabilities Act or the racially motivated conduct that kept Sessions out of a federal judgeship in the 1980s.

Still no word from Grassley on any of Trump’s abnormal behavior or disregard for the Constitution. Some watchdog.

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The Waterloo Police Department will face no pressure from Trump's administration

The city of Waterloo has agreed to pay $2.75 million this year to settle a wrongful death case and four other lawsuits over excessive uses of force by police. Other officers’ actions toward African-Americans led to an acquittal in a murder trial and will likely inspire more lawsuits. The series of scandals nearly cost Police Chief Dan Trelka his job in September.

After ignoring experts’ advice for many months, Trelka insists he is trying to improve relationships between his department and the African-American community in Waterloo.

Let’s all hope he is sincere, because under Donald Trump’s administration, police misconduct and especially excessive force against black people will face a lot less scrutiny from the U.S. Department of Justice and its Civil Rights Division.

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Did ISU's president lie by omission on the university's insurance application?

Iowa State University and its President Steven Leath submitted incomplete information on the university’s application for aviation insurance this year, Ryan Foley reported for the Associated Press yesterday. The story’s title and lede refer to an August 2014 “hard landing” by Leath in an unidentified location, on a plane that did not belong to ISU. Two months after that incident, “Leath was cleared to fly solo on the university’s newly purchased Cirrus SR22 single-engine plane.” But the big news is further down:

After that [2015] insurance policy expired in February, the university switched its carrier to Catlin Insurance. Leath and the university were less forthcoming on their 2016 application than they were a year earlier, although it’s not clear whether that led to lower rates or better coverage.

The pilot history form signed by Leath asked him to disclose details of all prior accidents and incidents as a pilot, including dates, and warned that concealing material information was “a fraudulent insurance act” subject to criminal and civil penalties.

He listed the 2015 landing in Illinois, noting that it triggered a Federal Aviation Administration test ride that he passed. But he left off the 2014 incident. The university also attested in the application that it had no “aviation losses” during the last three years, even though the 2015 accident would have qualified and it had divulged the 2014 landing as a loss the previous year.

I don’t understand why the 2014 hard landing would be considered a loss for the university, if Leath wasn’t flying one of ISU’s planes.

But surely Leath was obliged to mention that incident on his pilot history. The excuse his spokesperson Megan Landolt provided to the AP–“Leath didn’t need to disclose the 2014 incident to the university’s aviation insurance broker, Nasom Associates, since he had done so in the prior year’s application”–sounds only slightly more plausible than the idea that ISU’s professional pilots “unilaterally” decided to refuel twice at a small airport that happened to be convenient for picking up Leath’s relatives. The form asked for a full list of events, not only those the pilot hadn’t disclosed on previous insurance applications.

ISU officials never did fully explain why the university didn’t submit an insurance claim for Leath’s July 2015 hard landing. Even if billing the ISU Foundation for repairs was a good business decision, failing to mention the incident on a subsequent insurance application points to incompetence on the part of ISU staff or, worse, a deliberate choice to conceal relevant facts from an insurance provider.

Auditors investigating ISU’s Flight Service on behalf of the Iowa Board of Regents and the State Auditor’s Office should review the documents Foley referenced.

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Story County attorney asked ISU police to investigate plane trip by ISU president

Pop quiz: Who is best positioned to investigate a possible violation of Iowa law by a state university president?

A. The top prosecutor in the county where the university is located

B. Officials in the Iowa Division of Criminal Investigation

C. Attorneys in the Iowa Attorney General’s Office

D. A guy who reports to a guy who reports to the university president

If you picked “D,” you have something in common with Story County Attorney Jessica Reynolds.

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The Curious Case of the Conspicuous Constitutional Constable

Dan Charleston’s second campaign to become chief law enforcement officer in Iowa’s largest county hasn’t received enough attention. Thanks to guest author Siouxsie for giving the Republican the scrutiny he deserves. -promoted by desmoinesdem

Dan Charleston is running for Polk County Sheriff. He’s getting a lot of support because of his popular “no speed cameras” platform. He’s also publicly stated that he’d remove Des Moines’s status as a “Sanctuary City,” fight the rampant gang infestation in our city, and be the “Constitutional Sheriff” this county needs. Recently he’s been chiming in with a call to “Drain the Swamp”, the slogan for the Trump campaign’s last minute effort to try to find an issue that doesn’t turn the stomach of more moderate voters.

There are some problems with these positions.

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Trump's conspiracy-mongering inspired one of his Iowa supporters to commit voter fraud

Terri Rote of Des Moines announced on Facebook last month that she was registered to vote. Good for her! But she took it too far when she cast early ballots at both the Polk County Elections Office and a satellite location. She could go to prison if convicted of election misconduct, a Class D felony.

Rote caucused for Donald Trump in February, and a quick look at her Facebook feed makes it easy to guess why the GOP presidential nominee appeals to her. I enclose below a selection of racist or conspiracy-minded posts by Rote in recent months. In some of the threads, she advocated violence against Black Lives Matter protesters or “liked” racist remarks made by commenters. She apparently lost her job at McDonald’s a few years back for infractions including using a racist slur against a co-worker. UPDATE: Her front door features a Confederate flag along with a bumper sticker showing an adapted Hillary Clinton campaign logo next to the slogan “LOCK HER UP!”

Speaking to Iowa Public Radio, Rote said, “I wasn’t planning on doing it twice, it was spur of the moment […] The polls are rigged.” IPR paraphrased her as saying “she was afraid her first ballot for Trump would be changed to a vote for Democratic candidate Hillary Clinton.” Rote likewise told the Washington Post that voting at the satellite site was “a spur-of-the-moment thing”: “I don’t know what came over me.”

Authorities in Polk County have not named two other people, not yet arrested but suspected of voting twice, by mail and in person. We don’t know which candidates they favored. UPDATE/CLARIFICATION: According to KCCI’s Tommie Clark, “The other two cases involved confusion over ballots and ballot requests, which experts say is not a rare occurrence.” Clark’s story noted that Rote’s first vote will count.

Meanwhile, Trump is still laying the groundwork for political unrest after November 8, telling his supporters the election is being fixed. Most recently, he claimed at a Colorado rally Saturday afternoon that postal service or election workers are throwing out ballots marked for him. Iowa Secretary of State Paul Pate spoke out forcefully against the idea that the election could be “rigged” against Trump. But Governor Terry Branstad bent over backwards to find a kernel of truth in voter fraud allegations.

I’ve never been more concerned about violence following an American election. Sorry, Lieutenant Governor Kim Reynolds: Trump’s outrageous comments and conspiracy-mongering are much more than “clutter” and “distractions.”

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Coalition will work to expand felon voting rights in Iowa

Iowa’s leading civil rights advocacy groups have joined forces, fighting for changes that would allow thousands of Iowans who have completed felony sentences to “be full members of society and exercise their right to vote.” The seventeen groups in the new Restore Fair Voting Rights in Iowa coalition include the American Civil Liberties Union of Iowa, the Iowa-Nebraska NAACP, and the League of Women Voters of Iowa.

Their efforts are badly needed, because even after two “streamlinings” of the process Governor Terry Branstad established on his first day back in office, an embarrassingly small number of Iowans have regained the right to vote.

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Iowa second-worst state for racial disparity in drug possession arrests

The massive racial disparities in Iowa’s criminal justice system have long been recognized as among the worst in the country, spurring calls to action not only by advocacy groups but also by Iowa Supreme Court Chief Justice Mark Cady and even Governor Terry Branstad.

Yet a new report by the American Civil Liberties Union and Human Rights Watch shows that African-American adults in Iowa are seven times more likely than whites to be arrested for drug possession–an imbalance second only to Montana.

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Second presidential debate takeaways: Did Trump stop the bleeding?

The 48 hours before tonight’s town-hall debate were unlike anything seen before in a American politics: 42 Republican members of Congress or governors had announced since Friday that they could not support their party’s presidential nominee. Daniel Nichanian (known on Twitter as Taniel) listed the Donald Trump defectors in narrative form and on this spread sheet.

Hillary Clinton had already been gaining in nationwide and swing state polls since the first debate on September 26, improving her chances of winning the presidency to above 80 percent on FiveThirtyEight.com–before massive news coverage and social media chatter about Trump’s “grab them by the pussy” videotape. FiveThirtyEight’s Nate Silver speculated that “The Bottom Could Fall Out for Trump,” while Nate Cohn of the Upshot wondered whether the new scandal could send the whole Republican ticket “crashing down.”

Shortly before the debate, Trump staged a bizarre media stunt with three women who have accused former President Bill Clinton of sexual misconduct and one who was allegedly raped in 1975 by a man Hillary Rodham represented. Three of those women appeared on his behalf in the post-debate “spin room.”

Republicans are cheering Trump’s performance tonight, and on a superficial level, he clearly handled himself much better than in the first debate. After an excruciating early stretch defending his taped comments as merely “locker room talk” (in contrast to Bill Clinton’s alleged “actions”), Trump repeatedly hammered home his favorite talking points about Hillary Clinton: she’s been a “disaster,” her policies would be a “disaster,” she lies, she has bad judgment like Bernie Sanders said, she’s been there for 30 years but never done anything. He also gave wavering Republican voters plenty of reasons to hang in there with him: bashing Obamacare and the “terrible” Iran nuclear deal, proposing big tax cuts, promising to appoint Supreme Court justices in the mold of Antonin Scalia. Trump also finished the debate on a stronger note, managing a surprisingly gracious answer to the “say something nice about your opponent” question.

So arguably, the Republican nominee did what he needed to do tonight. And yet…

• Trump’s body language was angry and sometimes menacing. Many viewers commented that Trump was looming or hovering behind Clinton in a creepy, threatening, and stalker-like way.

• He denied that his “locker room talk” was tantamount to bragging about sexual assault. I have no doubt more women or previously unknown recordings will come out this week to undercut his denials.

• He vowed to put his political opponent in jail if he becomes president. Bob Schieffer of CBS News lamented, “this is what they do in banana republics.”

• He admitted that he had used a $916 million reported loss on his 1995 tax return to avoid paying personal federal income taxes in subsequent years.

• He made more than a dozen false or misleading statements (see also here).

• He acknowledged that he knows “nothing” about Russia and said he disagrees with his running mate on policy toward Syria. Incidentally, the Indianapolis Star reported on October 9 that unnamed sources close to Indiana Governor Mike Pence say he is “keeping his options open”–whatever that means. Pence is stuck with Trump through November 8, for better or worse.

Any comments about the presidential race are welcome in this thread. In CNN’s instant poll, 57 percent of respondents said Clinton won the debate, 34 percent said Trump did. YouGov’s respondents thought Clinton won the debate by a 47 percent to 42 percent but thought she looked “more Presidential” by a 57 percent to 31 percent.

Iowa Supreme Court Justice Mansfield on Trump's expanded list for SCOTUS

Iowa Supreme Court Justice Edward Mansfield is among ten new names on Republican presidential nominee Donald Trump’s list of possible U.S. Supreme Court appointees, multiple journalists reported today.

Former Governor Chet Culver appointed Mansfield to the Iowa Court of Appeals in 2009. He was a workhorse on that bench, writing some 200 opinions in less than two years. Since Governor Terry Branstad named him to the Iowa Supreme Court in February 2011, Mansfield has been one of the court’s most prolific opinion writers. He is part of a conservative bloc of justices including the other two Branstad most recently appointed.

Mansfield’s judicial philosophy would appeal to many conservatives. He rarely joins what might be called “activist” decisions to overturn state law, administrative rule, or executive body determinations. In this year’s biggest case, Mansfield was part of a 4-3 majority upholding Iowa’s broad ban on voting by people with felony convictions. He has not joined various majority opinions related to juvenile sentencing, including one this year that held “juvenile offenders may not be sentenced to life without the possibility of parole” under Iowa’s Constitution. He dissented from a 2014 ruling that allowed a lawsuit against top Branstad administration officials to proceed.

Social conservatives might be encouraged by the fact that three years ago, Mansfield hinted in a one-paragraph concurrence that he does not agree with the legal reasoning underpinning the Iowa Supreme Court’s 2009 Varnum v Brien decision on marriage equality. However, he has never clarified whether he would have upheld Iowa’s Defense of Marriage Act or struck it down on different grounds.

The biggest red flag about Mansfield from a conservative perspective would probably be his decision to join last year’s unanimous ruling to strike down Iowa’s ban on telemedicine for abortion services. When the State Judicial Nominating Commission put Mansfield on the short list for the Iowa Supreme Court in early 2011, some conservatives grumbled that the judge’s wife was an active supporter of Planned Parenthood. Though the telemed abortion decision was grounded in the law and medical facts, critics may view Mansfield as untrustworthy on one of their key priorities for the U.S. Supreme Court: overturning Roe v Wade. I am not aware of Mansfield expressing any public opinion on that landmark 1973 abortion rights ruling.

One other Iowan is on Trump’s long list for the Supreme Court. Judge Steven Colloton of Des Moines, who serves on the Eighth Circuit U.S. Court of Appeals, was one of eleven names the Trump campaign released soon after locking up the GOP nomination. I enclose below more background on Colloton.

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Have the Waterloo Police implemented any recommended reforms?

A series of disturbing incidents involving Waterloo police officers came to light this summer through legal settlements, a pending lawsuit, and a criminal trial. The common thread was white police officers using excessive force or offensive language toward African-Americans in Waterloo, the Iowa city with the largest proportion of black residents.

Waterloo Police Chief Dan Trelka announced an investigation into one officer, who laughed at the scene of an 18-year-old’s fatal shooting, called the victim a “dead mother f—-er” and said “we just need a semi-apocalyptic event to get rid of 90 percent of them.”

But Trelka has also accused the media of making too much of the scandals, telling local radio host Bob Bruce last month that negative news coverage obscures great progress being made in the department. Trelka acknowledged “we needed to adjust,” adding that “we have adjusted with changes in policy and training.”

Last year, external reviewers suggested at least ten reforms for the Waterloo Police Department. I have been unable to find evidence that Trelka and his staff acted on any of those recommendations.

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Group polled Iowans on Supreme Court retention vote (updated)

Leaders of the campaigns to oust Iowa Supreme Court justices in 2010 and 2012 have chosen not to engage in this year’s retention elections, which will decide whether the last three justices who participated in Iowa’s marriage equality ruling will stay on the bench.

However, the coalition formed to stop “extremists from hijacking Iowa’s courts” is taking no chances. Justice Not Politics commissioned a statewide poll last week to gauge voters’ attitudes toward Chief Justice Mark Cady and Justices Brent Appel and Daryl Hecht, as well as some issues related to controversial Iowa Supreme Court rulings.

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Key funder confirms no plans to go after Iowa Supreme Court justices

The National Organization for Marriage does not plan any “campaigning or intervention” in this year’s retention elections for three Iowa Supreme Court justices, Grant Rodgers reported for the Des Moines Register on September 5. The group was the largest single funder of the two previous anti-retention campaigns, contributing more than $635,000 to help oust three justices in 2010 and more than $148,000 to the unsuccessful effort to remove Justice David Wiggins two years later.

The last three justices involved in Iowa’s 2009 marriage equality ruling will be on the ballot this November: Chief Justice Mark Cady, author of the Varnum v Brien decision, and Justices Brent Appel and Daryl Hecht. National Organization for Marriage spokesperson Joe Grabowski told Rodgers, “There’s nothing planned at this time,” adding that “We always keep our options open.”

Those options are fading fast, with early voting set to begin in Iowa on Thursday, September 29. The previous two anti-retention campaigns, led by social conservative activist Bob Vander Plaats, were well underway by the end of August 2010 and 2012. As Bleeding Heartland discussed here, Vander Plaats and his allies have not signaled any plan to go after the Iowa Supreme Court justices. It’s a remarkable admission of weakness on their part, but also a rational decision. Convincing voters to remove justices over same-sex marriage (now allowed in all 50 states) would be a tall order, especially in a presidential election year, which brings out hundreds of thousands more voters than a typical midterm election.

This year’s high-profile voting rights case could have provided fodder for an anti-retention campaign, but that scenario failed to materialize when Cady joined three other justices to uphold Iowa’s current broad lifetime ban on voting by most people convicted of felonies.

Rodgers discussed another possible peg for a campaign against Cady, Appel, and Hecht: all joined a 4-3 decision (authored by Appel), which held that “juvenile offenders may not be sentenced to life without the possibility of parole under article I, section 17 of the Iowa Constitution.” You can read the majority opinion, concurring opinions, and dissents in Iowa v. Sweet here. The majority ruling drew heavily on a 2012 U.S. Supreme Court decision, which invalidated mandatory life without parole sentences for juveniles, and several 2013 Iowa Supreme Court cases related to juvenile sentencing. Cady, Appel, and Hecht were all part of the majority in those 2013 cases.

Rodgers spoke to Lyle Burnett and Josh Hauser, who have experienced the tragedy of losing a loved one to a teenage killer. Both oppose retaining the three justices on the ballot this November, but “So far, neither Hauser nor Burnett have been contacted by any group or political organization that could elevate their personal campaigns.” Two victims’ advocates quoted in the Register said they do not support ousting Cady, Appel, and Hecht over this issue. It’s worth noting that neither the Iowa Supreme Court’s 2013 ruling in State v Ragland nor this year’s decision in Sweet guaranteed the release of any convicted murderer. Parole boards will still have discretion to approve or deny parole, based on expert assessments of whether the prisoner has been rehabilitated or still poses a danger to society.

Thoughts on Gary Johnson's Des Moines rally and Iowa prospects

Libertarian presidential candidate and former New Mexico Governor Gary Johnson made his first Iowa campaign stop this year over the holiday weekend. His September 3 rally in Des Moines attracted hundreds of people, making it possibly the largest Libertarian event in Iowa history. You can watch his full speech at C-SPAN or Caffeinated Thoughts.

Johnson will qualify for the ballot in all 50 states and is consistently polling far better than the Green Party’s Jill Stein, the only other minor-party candidate routinely included in public opinion surveys. I continue to hear the Libertarian’s radio ads on various Des Moines-based stations and have seen pro-Johnson television commercials by the Purple PAC on some cable networks.

The four most recent Iowa polls measured Johnson’s support at 8 percent (Emerson College), 12 percent (Quinnipiac), 6 percent (Suffolk), and 12 percent (Marist). Polls have historically overstated support for third-party candidates. Nevertheless, if the competition between Hillary Clinton and Donald Trump remains very close here, even a 2-3 percent showing for Johnson could determine who wins Iowa’s six electoral votes.

Though I wasn’t able to attend Saturday’s rally, listening to Johnson’s stump speech reinforced my view that he is on track to outperform all previous Libertarian presidential candidates in Iowa by a considerable margin.

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Using a flag to express a political view is protected speech

A Calhoun County judge has dismissed a short-lived criminal case that never should have been filed. Homer Martz was arrested last week and charged under Iowa’s flag desecration statute, because he “flew a U.S. flag upside down under a Chinese flag.” An upside-down flag is a widely recognized distress signal. Martz was protesting the Dakota Access (Bakken) pipeline, which will run near his Calhoun County home.

Trouble is, U.S. District Court Judge Robert Pratt ruled in December 2014, “Conduct involving the American flag has long been recognized by the United States Supreme Court as expressive communication that falls within the protection of the First Amendment.” Click here for the full opinion in that case, brought by the American Civil Liberties Union of Iowa on behalf of Westboro Baptist Church members who had dragged the flag on the ground while trying to disrupt military funerals.

Word of that court decision didn’t reach law enforcement in Calhoun County. David Pitt reported for the Associated Press on August 15,

Calhoun County Attorney Tina Meth Farrington filed a motion to dismiss the charges Monday, saying that she read the 2014 federal ruling and concluded she shouldn’t pursue the charge.

“The Legislature should take immediate action to repeal this law so that other citizens and law enforcement are not caught in this type of situation again,” she said.

A judge approved the motion Monday afternoon.

Calhoun County Sheriff William Davis said at the time Martz was arrested, he and the two arresting officers were unaware the law had been struck down.

When I was growing up, flag protection laws and constitutional amendments were a salient topic, as Republicans exploited a tiny number of flag-burners on the left in search of a wedge to use against Democrats. In recent years, some conservatives have displayed upside-down flags to protest President Barack Obama or his policies. On a busy corner in Windsor Heights, an upside-down flag flew for several weeks in late 2014, presumably to communicate the homeowner’s view of the president’s executive orders on immigration policy.

We can debate whether an unconventional flag display is an effective tool for political persuasion. But no matter how deeply offensive the message may be to some Americans, there is no legal recourse against those who use or abuse a flag to make their point.

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A disturbing glimpse of police practices in Iowa's sixth-largest city

The Justice Department issued a horrifying report this week on Baltimore Police Department conduct. Reading about widespread racial discrimination, gender bias during sexual assault investigations, and unconstitutional strip searches and arrests by Baltimore officers, I hoped nothing that bad routinely happens in Iowa but wondered how police departments here would withstand such scrutiny.

The racial disparities in our state’s criminal justice system have long been among the largest in the country, landing Iowa on multiple lists of the “worst places” for black people. Statistics on arrests and prison populations don’t prove police acted improperly in any specific case, but they may signal racial profiling or other systemic problems.

Those statistics don’t reflect every questionable interaction between law enforcement and people in minority communities. Three cases that didn’t result in any prison sentences nonetheless point to excessive uses of force by Waterloo police against black residents.

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Weekend open thread: Dangerous territory (updated)

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome. Here are some links that caught my eye during the past few days; excerpts from several of the articles and columns are after the jump.

Donald Trump’s advocacy for policies that serve Russian interests continue to set off alarm bells for those who are familiar with Russian President Vladimir Putin’s leadership style. In an op-ed for today’s New York Times, former CIA Director Michael Morrell explained why he is publicly endorsing a presidential candidate (Hillary Clinton) for the first time: “Donald J. Trump is not only unqualified for the job, but he may well pose a threat to our national security.”

At this writing, none of Trump’s most prominent Iowa Republican endorsers (Governor Terry Branstad, Senators Chuck Grassley and Joni Ernst, Representatives Rod Blum, David Young, and Steve King) have responded to my e-mails seeking comment on Trump’s Russia connections and other worrying aspects of his candidacy. UPDATE: Clinton’s campaign is now highlighting “Trump’s bizarre relationship with Russia.” Scroll to the end of this post for more.

If weakening the NATO alliance, running down parents of a veteran who died in wartime service, and refusing to release tax returns don’t raise enough red flags, Iowa Republicans could read up on the GOP nominee’s connections with organized crime figures. Timothy L. O’Brien reviewed some evidence for Bloomberg. Two journalists who covered Trump and the casino industry for decades have discussed Trump’s mob ties in greater detail: David Cay Johnston in this article for Politico and Wayne Barrett in an interview with CNN.

Fact-checkers have found that Clinton is much more truthful than Trump, or as Nicholas Kristof put it, “Clinton is about average for a politician in dissembling, while Trump is a world champion who is pathological in his dishonesty.” Former Wall Street Journal reporter Neil Barsky had more to say here about Trump’s lies and poor results in business.

Meanwhile, large segments of the Republican base remain convinced Clinton is a liar or worse. Chants of “Lock her up” are now a staple of Trump rallies in Iowa and elsewhere. Matthew Rezab reported for the Carroll Daily Times Herald on August 2 that at last weekend’s parade to celebrate the 100th anniversary of the fire department in the small town of Arcadia (Carroll County), children were encouraged to throw water balloons at one float, featuring “a man dressed in an orange jumpsuit and Hillary Clinton mask while standing on a platform inside bars, fencing and barbed wire above a ‘Hillary For Prison’ sign tacked onto the side.”

Several national polls, including today’s release by the Washington Post and ABC News, reinforce what Dan Guild noted here a few days ago: Clinton got a larger bounce out of her party’s national convention and is well-positioned going into the final months of the presidential campaign. No public polls from Iowa have come out since the conventions; I’m curious to see whether the state of the race has changed here. Iowa is expected to be among the most closely-contested states this fall. The Washington Post/ABC poll findings on support for Clinton and Trump by education level are stunning. I enclose excerpts from the write-up below.

Final note: Iowa’s annual two-day sales tax holiday is happening this weekend. In theory, the temporary break is supposed to stimulate the economy. The Iowa Policy Project’s experts have been saying for years that the policy is a sham. In her latest column for the Cedar Rapids Gazette, Lynda Waddington compiled more evidence for scrapping this 16-year Iowa tradition.

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Why did Chief Justice Cady change his mind about felon voting rights?

I don’t usually write posts like this one.

Check that: I don’t think I’ve ever written a post like this one.

I’m making an exception because the question has been nagging at me since the Iowa Supreme Court announced its 4-3 decision in Griffin v Pate two weeks ago today, and because a number of people who share my interest in felon voting rights have asked for my opinion.

Only Chief Justice Mark Cady knows the answer, and we won’t hear his side of the story until he writes his memoirs or speaks to some interviewer in retirement.

So with no claim to telepathic powers and full awareness that my analysis may therefore be flawed, I will do my best to understand why the author of the 2014 opinion that inspired Kelli Jo Griffin’s lawsuit ultimately decided our state constitution “permits persons convicted of a felony to be disqualified from voting in Iowa until pardoned or otherwise restored to the rights of citizenship.”

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Steve King connects Dallas police shooting to "anti-white/cop events"

We may never comprehend the underlying cause of Micah Johnson’s murderous spree during Thursday night’s Black Lives Matter protest in Dallas. The 25-year-old Army Reserve Veteran had served a tour in Afghanistan and had no criminal record or ties to terrorist groups, law enforcement officers believe. He apparently used an AR-15 assault weapon to kill four police officers and a Dallas Area Rapid Transit officer, wounding seven other officers and two civilians. During a standoff before he was killed by a bomb police detonated, Johnson reportedly said “he was upset about the recent police shootings” and “wanted to kill white people, especially white officers,” Dallas Police Chief David Brown told the media on July 8.

The fatal shootings of Alton Sterling by a police officer in Baton Rouge, Louisiana and Philando Castile by an officer in Falcon Heights, Minnesota provoked national outrage and many Black Lives Matter protests, including the one in Dallas. Despite what the alleged gunman reportedly told officers shortly before his death, those shootings may not be the only reason Johnson took it upon himself to end innocent lives. Maybe he had post-traumatic stress disorder related to his service in a war zone (in a non-combat role). Maybe he had unresolved mental health issues not related to his military service. Maybe he had visions of glory similar to those that have inspired other perpetrators of mass shootings. We just don’t know.

Yet Representative Steve King (R, IA-04) confidently traced the Dallas police shootings to a different national phenomenon, which he described as “anti-white/cop events.”

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Changing my mind on voting rights for felons

Karl Schilling is a retired investigator for the Iowa Civil Rights Commission and has long been active with the Iowa Organization for Victim Assistance, for which he currently serves as president. -promoted by desmoinesdem

Until recently I opposed the vote for felons I think, in large part, because of my irritation at three of the reasons commonly given in defense of felon voter rights. They are usually in the same sentence and go something like this, “We all make mistakes, they did their time, and they have paid their debt to society.”

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Three paths to expanding felon voting rights in Iowa

A week ago today, four Iowa Supreme Court justices upheld the lifetime ban on voting for Iowans convicted of all felonies, which are defined as “infamous crimes” under a 1994 state law. Chief Justice Mark Cady’s opinion in Griffin v. Pate and three dissents are available here; Bleeding Heartland posted key excerpts here.

A decision in Kelli Jo Griffin’s favor could have made tens of thousands of Iowans newly eligible to vote in this year’s presidential election. Instead, Iowa will likely retain its place as one of the most restrictive states on felon voting for years.

In theory, those who have completed sentences can apply to have Governor Terry Branstad restore their voting rights. Griffin plans to do so, and I expect Branstad to make a big show of approving her application. In practice, though, that option will be available only to a small minority of those affected by the governor’s January 2011 executive order. During the first five years the new policy was in effect, less than two-tenths of 1 percent of disenfranchised felons managed to regain the right to vote, an average of fewer than 20 people per year.

I am awaiting information from the governor’s office on restoration numbers since the latest “streamlining” of the official form in April, but I don’t expect the number of applicants ever to become more than a trickle. The financial and other barriers will remain too great.

Even if Branstad started receiving substantially more applications and approved them at a rate of 20 per week–unlikely since this work already occupies “meaningful amounts of time every day” for the governor’s staff–only about 1,000 people annually would be able to regain their voting rights. That’s less than 2 percent of the estimated 57,000 Iowans who have been disenfranchised since January 2011. Thousands more join their ranks every year. So much for an “efficient and convenient” restoration process.

Three paths are available to bring Iowa in line with how most states approach voting rights for people with felony convictions.

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Iowa Republican reaction to FBI recommending no charges over Hillary Clinton's e-mails

Federal Bureau of Investigation Director Jim Comey made an “unusual statement” today explaining why the FBI is recommending “no charges” in connection with Secretary of State Hillary Clinton’s use of a private e-mail server.

In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.

Legal experts have been saying for a long time that criminal charges were unlikely, in the absence of intent to break the law, especially since former CIA Director David Petraeus was allowed to plead down to a misdemeanor for deliberately leaking classified information.

However, Clinton’s ill-advised e-mail practices will remain a political problem for the presumptive Democratic nominee. Comey underscored the “extremely careless” handling of classified information by the secretary and some of her colleagues. U.S. House Republicans plan to hold hearings on why the FBI didn’t recommend criminal charges. Today U.S. Senator Chuck Grassley called on the FBI to release more evidence from its investigation “so the public can make an educated decision on its own about the judgment and decision-making of all the senior officials involved.”

Meanwhile, Stephen Braun and Jack Gillum of the Associated Press examined six public statements by Clinton about her e-mails that were either questionable or untrue, based on the FBI’s findings. Republican Party of Iowa Chair Jeff Kaufmann repeatedly alleged today that the investigation had been “rigged,” saying Clinton had “lied” on many occasions and that “anyone else in the country” would be indicted for similar conduct.

I enclose below the full statements from Grassley and Kaufmann, along with some expert opinions on the case and some of Republican presidential candidate Donald Trump’s comments about the FBI recommendation. Any relevant comments are welcome in this thread. Former Justice Department spokesperson Matthew Miller called Comey’s press conference “absolutely outrageous” and a violation of standard department practice not to comment on ongoing investigations.

UPDATE: Grassley told reporters on July 6 that he has written to Comey asking for answers to many questions about the e-mail investigation. He also said some senators are drafting a bill to revoke Clinton’s security clearance, adding that such a bill might be “an unconstitutional bill of attainder.”

SECOND UPDATE: Representative Steve King posted on Twitter on July 6, “FBI Dir. Comey/DOJ gave us truth but not justice. Confirmed, the Rule of Law took a heavy blow again from the Clintons. Obama is culpable.”

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Divided Iowa Supreme Court upholds felon voting ban; key points and political reaction

The Iowa Supreme Court has rejected a lawsuit challenging state policy on disenfranchising all felons. Four justices found “insufficient evidence to overcome the 1994 legislative judgment” defining all felonies as “infamous crimes,” which under our state’s constitution lead to a lifetime ban on the right to vote or run for office. Chief Justice Mark Cady wrote the majority ruling, joined by Justices Bruce Zager, Edward Mansfield, and Thomas Waterman. They affirmed a district court ruling, which held that having committed a felony, Kelli Jo Griffin lost her voting rights under Iowa law.

Justices Brent Appel, Daryl Hecht, and David Wiggins wrote separate dissenting opinions, each joined by the other dissenters. I enclose below excerpts from all the opinions, along with early political reaction to the majority ruling and a statement from Griffin herself.

The American Civil Liberties Union of Iowa filed the lawsuit on behalf of Griffin in November 2014, seven months after an Iowa Supreme Court plurality had stated, “It will be prudent for us to develop a more precise test that distinguishes between felony crimes and infamous crimes” that disqualify Iowans from voting.

Three of the six justices who participated in that 2014 case decided Griffin v. Pate differently. In Chiodo v. Section 43.24 Panel, Cady wrote and Zager joined the plurality opinion, which left open the possibility that not all felonies rise to the level of infamous crimes. Wiggins dissented from the Chiodo plurality, saying the court should not rewrite “nearly one hundred years of caselaw” to “swim into dangerous and uncharted waters.”

All credit to Ryan Koopmans for pointing out in March that given how quickly the court had decided Chiodo, “Having had more than a couple days to think about it, some of the justices could easily change their mind.” The justices were on a compressed schedule in Chiodo because of the need to print ballots in time for the early voting period starting 40 days before the 2014 Democratic primary. Ned Chiodo was challenging the eligibility of Tony Bisignano, a rival candidate in Iowa Senate district 17.

Side note before I get to the key points from today’s decisions: An enormous opportunity was missed when the state legislature did not revise the 1994 law defining infamous crimes between 2007 and 2010, when Democrats controlled the Iowa House and Senate and Chet Culver was governor. The issue did not seem particularly salient then, because Governor Tom Vilsack’s 2005 executive order had created a process for automatically restoring the voting rights of most felons who had completed their sentences.

But Governor Terry Branstad rescinded Vilsack’s order on his first day back in office in January 2011. During the first five years after Branstad’s executive order, fewer than 100 people (two-tenths of 1 percent of those who had been disenfranchised) successfully navigated the process for regaining voting rights. I consider the policy an unofficial poll tax, because getting your rights back requires an investment of time and resources that most ex-felons do not have. Today’s majority decision leaves this policy in effect, with a massively disproportionate impact on racial minorities.

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How Grassley and Ernst voted and explained their stance on failed gun control measures

In a classic example of the kabuki theater that passes for legislating these days, U.S. senators rejected four gun control measures today. Moved to act by the June 11 massacre at a gay club in Orlando, Senator Chris Murphy of Connecticut led a talking filibuster for more than fourteen hours last week to force a vote on a Democratic proposal to ban gun sales to people on terrorist watch list. He also introduced an amendment to an appropriations bill that would expand background checks for firearms purchases, eliminating the gun show loophole. Similar proposals failed to pass the Senate last December, shortly after the mass shooting in San Bernadino.

With the blessing of the National Rifle Association, Republicans drafted their own amendments this week, ostensibly to accomplish the same goals as the Democratic legislation.

Follow me after the jump for details on the four proposals and today’s votes, as well as comments from Senator Chuck Grassley, Senator Joni Ernst, Grassley’s challenger Patty Judge, and presumptive Democratic presidential nominee Hillary Clinton.

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Weekend open thread: Iowa Democratic state convention edition

Many Bleeding Heartland readers spent a large part of their weekend at Hy-Vee Hall in Des Moines, where the Iowa Democratic Party held its Hall of Fame event on Friday and its state convention on Saturday. Although delegates were given electronic devices to speed the voting along, convention business dragged on past midnight. UPDATE: I am told the convention adjourned at 2:16 am.

In an organizing triumph, supporters of Hillary Clinton filled all of their delegate slots, while only about 85 percent of the Bernie Sanders delegates turned up. But only about ten delegates chosen as Sanders supporters switched their allegiance to Clinton yesterday, even after a second realignment. According to John Deeth, more than 70 additional people would have had to switch to give Clinton an extra Democratic National Convention delegate from Iowa. So thanks to the Sanders delegates’ loyalty, Clinton received the expected number of 23 national delegates, Sanders 21. Adding Iowa’s superdelegates to the mix, Clinton ends up with 29 DNC delegates to 21 for Sanders. The 51st Iowa DNC delegate is State Party Chair Andy McGuire, who will surely support Clinton in Philadelphia but is still maintaining a neutral stance.

Most of Iowa’s DNC delegates were chosen at last month’s district conventions. Electing the last few national delegates took hours yesterday, because votes in the Clinton and Sanders preference groups were split almost evenly among the many candidates who wanted to go to Philadelphia. Drake student and I-35 School Board member Josh Hughes won one of the male Clinton delegate slots, capping off a big month for the winner of Bleeding Heartland’s primary election prediction contest. I learned on Friday that Josh will be managing Andrea Phillips’ campaign in Iowa House district 37. Phillips is the Democratic challenger to John Landon in this seat covering parts of Ankeny and Alleman in northeast Polk County.

State convention delegates re-elected Scott Brennan and Sandy Opstvedt to the Democratic National Committee yesterday. In their speeches to the delegates, Brennan and Opstvedt emphasized their work to keep Iowa first in the nominating process. We’ll need all the help we can get next year, as there may be a strong push within the DNC to start the nominating process in states with more racial diversity than Iowa or New Hampshire, and to ban caucuses for the purposes of presidential selection.

Hundreds of delegates left before the final platform debates. (Tedious discussions over minor punctuation issues and whether to replace “people” with “human beings” had already taken up too much time during the afternoon session.) The Iowa Democratic Party state platform officially opposes superdelegates–not that DNC members will care what state platforms have to say on the matter. Language backing a “livable minimum wage” was changed to support a $15 per hour minimum wage. When the crowd had thinned out considerably, -delegates approved a plank to legalize all drugs.- CORRECTION: The legalization plank was included in the draft platform distributed to delegates before the convention. According to Jon Neiderbach, the late-night votes rejected two minority reports: one would have substituted “decriminalization” for legalization, the other would have kept the party platform silent on the issue. The legalization plank will probably become fodder for Republican campaign ads, even though I’m not aware of any Iowa Democratic candidates who hold this position. Pat Rynard commented, “doing stuff like this is the fastest way for Bernie people to get marginalized in the party.”

UPDATE: Some have suggested the platform debate should have been shut off for lack of a quorum, given how many delegates left by midnight. But my understanding is that doing so would have left the drug legalization language from the draft platform intact. CLARIFICATION: Delegates had already approved the vast majority of the platform, containing non-controversial provisions, during the afternoon. So if quorum had been called late in the evening, the controversial planks including the one calling for drug legalization would have remained the recommendations of the platform committee but would not have been officially approved by the party.

SECOND UPDATE: Added below the Iowa Democratic Party’s official statement on the convention results, which includes the full list of DNC delegates. One of the national delegates for Sanders, Brent Oleson, was a Republican until less than a year ago.

Earlier in the day, Rynard covered the State Central Committee elections, which happened on Saturday morning. The committee will be almost evenly split between Clinton and Sanders supporters, though the last committee member (chosen on Saturday evening) may give Clinton backers a slight edge.

This is an open thread: all topics welcome. This past week I read many heartbreaking accounts of people who died in last weekend’s massacre at a gay club in Orlando. One of the most disturbing articles about the tragedy: mass murderer Omar Mateen was checking social media for reports on his killing spree while the crime was in progress. Last year Mark Follman published a must-read piece at Mother Jones about “How the Media Inspires Mass Shooters.” I enclose below six recommendations for media reporting on mass shootings, “based on interviews with and research from threat assessment experts concerned about this issue.” Another good read on the subject by Follman is “Inside the Race to Stop the Next Mass Shooter.”

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In the aftermath of a massacre: Grief, pride and hope for a new day

Tom Witosky retired from the Des Moines Register in 2012 after 33 years of award-winning reporting on politics, sports and business. He is the co-author of Equal Before the Law: How Iowa Led Americans to Marriage Equality published by University of Iowa Press. -promoted by desmoinesdem

Jacob McNatt wept Sunday morning.

“I don’t understand for the life of me why someone would go to a place where people are getting together to have a good time and be happy and enjoy life would bring terror with them,” the bartender said as made a gin and tonic at the Blazing Saddle booth early Sunday afternoon at Capitol City Pride. “I don’t understand. It is just contrary to what I believe about humanity. It’s just awful.”

McNatt was just one of thousands at the annual gay pride event in Des Moines’ East Village who grieved while trying desperately to make sense of the murder of 49 men and women and 50 wounded at a gay bar in Orlando by a lone gunman killed by police in a gun fight.

Sunday’s steaming weather appeared to keep attendance down for the eight-block parade that has become a staple event for the Des Moines gay pride weekend, but one couldn’t help but think that events in Orlando made trying to celebrate pride too difficult for many of them.

As politicians pointed fingers at each other over whether the issue of the Orlando massacre was about religiously motivated terrorism or the refusal of this country to control the sale of assault weapons, those who still live with discrimination daily wondered out loud why no one was talking about them.

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Weekend open thread: Trade-offs

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

Prestage Farms didn’t get the incentives package it wanted from Mason City, but the company is actively seeking other communities in Iowa willing to offer tax breaks in exchange for a $240 million pork processing plant. Unfortunately, the construction of that and other proposed new plants “could push some older plants in Iowa and Nebraska to close,” Donnelle Eller reported for the Des Moines Register on Friday. I assume Governor Terry Branstad’s administration will count the jobs created in the new facilities but not the jobs lost if and when plants close if Perry (Dallas County), Columbus Junction (Louisa County), and Denison (Crawford County).

According to a new report by the Brennan Center for Justice, white males comprise about 37.5 percent of the U.S. population but 66 percent of appellate state court judges. Currently five men (four white, one Asian-American) and four women (three white, one Asian-American) serve on the Iowa Court of Appeals. All seven Iowa Supreme Court justices have been white men since 2011. No non-white judges have ever served on our state’s high court, and only two women have done so. Governor Terry Branstad appointed Linda Neuman to the Supreme Court in 1986; she served until her retirement in 2003. Branstad appointed Marsha Ternus in 1993; she became chief justice in 2006, an office she held until Iowans voted against retaining her and two other justices in 2010.

Following those retention elections, the State Judicial Nominating Commission recommended nine candidates to fill the three Supreme Court vacancies. Twelve women were among the 60 candidates who applied to serve, but only one woman ended up on the short list: a University of Iowa professor whom Branstad would never appoint. I suspect some commissioners passed over several women with strong qualifications, hoping to make Branstad look bad by picking an all-male trio of justices.

Diversity improves the judiciary, so in theory, I would like to see more gender and racial balance on the Iowa Supreme Court. Thinking pragmatically, I am in no hurry to give the governor another high court vacancy to fill, especially now that he has appointed a bunch of conservatives to the State Judicial Nominating Commission, which reduces the applicant pool to a few finalists. Some important cases in recent years have led to 4-3 split decisions. On several occasions–relating to open meetings law, solar power project financing, a key administrative rule on water quality, and multiple cases about juvenile sentencing–the three dissenters were Branstad’s 2011 nominees. Three justices are up for retention this November. They won’t be ousted because of the 2009 Varnum v. Brien case, because LGBT marriage equality is now settled law. However, I’m concerned anti-retention forces could exploit a backlash against a possible divided court ruling to expand felon voting rights. The Supreme Court is expected to announce a decision in the Griffin v. Pate case on felon disenfranchisement later this month.

Speaking of white male judges, mass outrage over the light sentence given to convicted rapist Brock Turner seems to have been the talk of everyone’s town this past week. The victim’s powerful impact statement, Vice President Joe Biden’s open letter to the victim, and many other reactions to the case have gone viral.

On the plus side, the Brock Turner case has raised awareness about rape culture, victim-blaming, and judges empathizing with wealthy white male defendants. One of the best commentaries I’ve read on the sentencing was by California defense attorney Ken White. He explained why Turner is the “sort of defendant who is spared ‘severe impact.’”

But some sexual assault survivors have found it overwhelming to see reminders of their worst experiences all over their social media feeds, day after day. The letter from the rapist’s father may have struck a sympathetic chord with the sentencing judge but was painful for many women to read. (One friend: you can tell that guy’s never been on the receiving end of “20 minutes of action.”) If news about the Stanford rape case is triggering traumatic memories for you, Peter Levine’s work on healing trauma may be helpful.

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IA-Sen: Grassley's debut tv ad stresses bipartisan Judiciary Committee work

A few days after former Lieutenant Governor Patty Judge became the first U.S. Senate candidate in Iowa to run television commercials this year, six-term Senator Chuck Grassley’s campaign placed a small buy for ads in Des Moines and Cedar Rapids. Despite facing no competition for the Republican nomination, Grassley has run tv ads in May during previous re-election races, most recently in 2010.

The senator’s debut spot this year carries over the “Grassley Works” slogan from past campaigns. But whereas the opening pitch from 2010 emphasized the incumbent’s personal qualities and commitment to visiting every Iowa county every year, the new spot appears designed to rebut criticism over Grassley’s refusal to hold hearings for U.S. Supreme Court nominee Merrick Garland.

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The ACLU of Iowa is seeking a policy director

I don’t post job listings here often, but since many Bleeding Heartland readers have substantial public policy experience and are interested in the issues at the core of the American Civil Liberties Union’s work, I wanted to spread the word that the ACLU of Iowa is hiring a policy director. The full job listing is after the jump. The non-profit organization will accept applications through June 26, with the goal of filling the position by August.

The eventual hire will be “responsible for advancing the ACLU’s broad civil liberties agenda before the state legislature, executive branch, and local governmental bodies,” leading policy projects related to “areas including but not limited to voting rights, racial justice, criminal justice reform, immigrant’s rights, free speech, reproductive freedom, women’s rights, LGBT rights and privacy rights.”

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The Reality of Sexual Assault Within The University of Iowa

Thanks to Chase Carson for a close look at the University of Iowa’s policies related to sexual assault. -promoted by desmoinesdem

Sexual assault has been something that many Universities have struggled with for a long time, for example, Take Back the Night (a march for ending all sexual, relationship, and domestic violence) has been around since the 1970’s. But for the generation of students that are going to college across the nation right now, nothing has shed more light on the problem of sexual assault on campuses more than the documentary The Hunting Ground, which was released February 27th, 2015. Within the film, it not only highlights how much of a growing problem this has become, but it also speaks out about how inefficient and terrible schools are about handling sexual assault cases.

After a personal viewing of the film I wondered about the facts behind sexual assault within the University of Iowa school system. I was worried that my school was just like all the other Universities shown in the documentary: incompetent and just downright unfair to the victims of sexual assault. After probing around for information and becoming a part of MAC (Men against violence council) for a semester, the reality of how the University of Iowa handles sexual assault became clear.

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Was "streamlined" voting rights process designed for felons or Iowa Supreme Court justices?

Last week, Governor Terry Branstad’s office rolled out a new “streamlined application form for those seeking a restoration of their voting rights,” so that “Iowa’s already simple voting rights restoration process will become even more efficient and convenient.”

“Simple,” “efficient,” and “convenient” wouldn’t be my choice of words to describe a process used successfully by less than two-tenths of 1 percent of affected Iowans since Branstad ended the automatic restoration of voting rights for felons five years ago. The governor’s first stab at simplifying the system in December 2012 did not significantly increase the number of Iowans applying to get their rights back. Three years after that change, fewer than 100 individuals out of roughly 57,000 who had completed felony sentences since January 2011 had regained the right to vote.

The new double-plus-streamlined process seems unlikely to produce a large wave of enfranchised Iowans, because it leaves intact major barriers.

The latest announcement looks like an attempt to convince Iowa Supreme Court justices that they need not intervene to give tens of thousands of felons any realistic hope of exercising a fundamental constitutional right again.

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Weekend open thread: Exposing abuse edition

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

The Pulitzer Prizes announced this week recognized some powerful reporting on the misuse of power. The Associated Press won the public service award for “an investigation of severe labor abuses tied to the supply of seafood to American supermarkets and restaurants, reporting that freed 2,000 slaves, brought perpetrators to justice and inspired reforms.” Margie Mason, Robin McDowell, Martha Mendoza, and Esther Htusan contributed to this incredible investigative work; the whole series is available here.

The Washington Post won the Pulitzer’s national reporting category for its “revelatory initiative in creating and using a national database to illustrate how often and why the police shoot to kill and who the victims are most likely to be.” The database is available here; reporters who contributed to this work include Kimberly Kindy, Wesley Lowery, Keith L. Alexander, Kimbriell Kelly, Sandhya Somashekhar, Julie Tate, Amy Brittain, Marc Fisher, Scott Higham, Derek Hawkins, and Jennifer Jenkins. In one of the articles for this series, Kindy and Tate explored the common practice of police departments withholding video footage of fatal shootings, using the January 2015 death of Autumn Steele in Burlington, Iowa as the touchpoint.

The Pulitzer for explanatory reporting went to T. Christian Miller of ProPublica and Ken Armstrong of The Marshall Project “for a startling examination and exposé of law enforcement’s enduring failures to investigate reports of rape properly and to comprehend the traumatic effects on its victims.” An Unbelievable Story of Rape was a stunning and depressing piece.

Speaking of stunning and depressing, previously unreported abuses of teenagers at the now-closed Midwest Academy boarding school came to light earlier this year. Several former students spoke to Ryan Foley of the Associated Press about being kept in isolation boxes for days or weeks at a time. (Isolation is particularly harmful to developing adolescent brains.) The Des Moines Register’s Lee Rood reported on approximately 80 law enforcement calls to the facility in Keokuk during the last three years the school was open. Abusive practices by staff went back more than a decade, though.

No state agency had ever inspected the Midwest Academy, prompting calls for the Iowa legislature to prevent future problems at unregulated schools. The Iowa Senate unanimously approved a bill setting out certification and inspection standards for boarding schools. House Republicans amended Senate File 2304 before approving it in the lower chamber, making “some exemptions for religious facilities.” The Senate refused to concur in the House amendment, and on a mostly party-line vote, the House rejected the Senate version. The school oversight bill now goes to a conference committee. I hope lawmakers will work out a deal before adjourning, but this legislation is not a must-pass bill like the health and human services budget (currently hung up over disagreements on Medicaid oversight and Planned Parenthood funding).

Alleged verbal abuse by Iowa State University women’s basketball coach Bill Fennelly was among the actions that inspired a discrimination lawsuit by former star player Nikki Moody. The AP’s Luke Meredith and Ryan Foley broke news about that lawsuit on April 18. After the jump I’ve enclosed excerpts from their report and some reaction, but I highly recommend reading the plaintiff’s jaw-dropping twelve-page court filing. Looking through some Cyclone fan board threads about the lawsuit, I was struck by two contradictory lines of argument from the coach’s defenders: Moody is lying, because this or that former player says Fen was always supportive and would never behave that way; or alternatively, Moody is lying, because Fen is tough on all his players, not just the black ones. Cheyenne Shepherd, an unheralded player for ISU during the 1990s, provided strong support for Moody in a guest column for the Des Moines Register about her experience as one of Fennelly’s “non-favorites.” Retired ISU journalism professor Dick Haws discussed the “not-very-well-hidden secret” of how Fennelly berates and humiliates some of his players. Gavin Aronsen asked at Iowa Informer whether the lawsuit is “A Symptom of Broader Diversity Problems at ISU.”

Since Thursday, I’ve been reading reflections on the life and work of Prince. I remembered his exceptional creativity, charisma, and talent as a songwriter (for many other artists as well as for himself), but I didn’t realize how highly regarded he was as a guitarist. His solo during this performance of “While My Guitar Gently Weeps” was mesmerizing. Billy Gibbons of ZZ Top described Prince’s “sensational” guitar playing in an interview with the Washington Post: “Even today, I’m struggling to try and emulate that guitar introduction to ‘When Doves Cry.’ It’s just a testament to his extraordinary technique.” The whole “Purple Rain” album brings back strong high school memories for me, especially “When Doves Cry.” Prince’s biggest fan in the Iowa blogosphere was John Deeth, easily recognized at political events by his raspberry beret. Deeth reflected on what the music meant to him here.

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