# Crime



Why is Iowa's secretary of state playing politics with felon voting case?

Iowa Secretary of State Paul Pate is a defendant in Kelli Jo Griffin’s lawsuit claiming Iowa violates her constitutional rights by disenfranchising all felons. The Iowa Supreme Court heard oral arguments in the case on March 30. Justices are expected to decide by the end of June whether to uphold the current system or declare that Iowa’s constitutional provision on “infamous crimes” should not apply to all felonies.

Defendants typically refrain from commenting on pending litigation, but during the past three weeks, Pate has carried out an extraordinary public effort to discredit the plaintiffs in the voting rights case. In his official capacity, he has addressed a large radio audience and authored an op-ed column run by many Iowa newspapers.

Pate amped up his attack on “the other side” in speeches at three of the four Iowa GOP district conventions on April 9. After misrepresenting the goals of Griffin’s allies and distorting how a ruling for the plaintiff could alter Iowa’s electorate, the secretary of state asked hundreds of Republican activists for their help in fighting against those consequences.

At a minimum, the secretary of state has used this lawsuit to boost his own standing. Even worse, his words could be aimed at intimidating the “unelected judges” who have yet to rule on the case. Regardless of Pate’s motives, his efforts to politicize a pending Supreme Court decision are disturbing.

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Throwback Thursday: When state lawmakers chose not to change "infamous crime" to "felony" in the Iowa Constitution

A 2008 amendment to the Iowa Constitution became a matter of debate in Griffin v Pate, the major voting rights case before the Iowa Supreme Court. The amendment changed Article II, Section 5, which as adopted in 1857 read, “No idiot, or insane person, or person convicted of any infamous crime, shall be entitled to the privilege of an elector.” The same section now reads, “A person adjudged mentally incompetent to vote or a person convicted of any infamous crime shall not be entitled to the privilege of an elector.”

Two of the seven Supreme Court justices have previously held that when approving the 2008 constitutional amendment, the legislature “ratified its own existing interpretation of that provision under which infamous crime meant a felony.” In its brief for the Iowa Supreme Court on behalf of defendants in Griffin, the Iowa Attorney General’s Office carried forward that claim: “By failing to alter the Infamous Crime Clause when other portions of Article II, section 5 were amended, the Legislature and the public ratified the definition of infamous crime as all felonies under state and federal law.” During the March 30 Supreme Court hearing on Griffin v. Pate, Solicitor General Jeffrey Thompson likewise argued “the simple answer here” is the 2008 constitutional amendment was “passed twice by the General Assembly, adopted by the people of Iowa, in the context of a legal system and historical cases and practices that said felonies are the line.”

My curiosity piqued, I decided to look into the legislative intent behind the 2008 constitutional amendment. What I found does not support the view that Iowa lawmakers envisioned “infamous crime” as synonymous with “felony” or intended to ratify such an interpretation when voting to remove offensive language from the state constitution.

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Weekend open thread: Threats to public health edition

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

On April 1, three months later than originally planned, Iowa officially switched to a managed-care model for the Medicaid program. Erin Murphy explained here how privatization will affect almost all of our state’s roughly 560,000 Medicaid recipients.

Many Iowans on Medicaid are learning that their current health care providers are now out of network, a particular concern for those who have special medical needs. The Mayo Clinic in Rochester, Minnesota has not signed contracts with any of the three insurance companies selected to be managed-care providers in Iowa. KCRG’s Katie Wiedemannn reported on March 31 about a 9-year-old cancer patient whose scheduled treatment at Mayo has been delayed because of the new policy. I am aware of other families whose children on Medicaid have relied on out-of-state medical specialists to treat their children’s rare genetic or chronic conditions.

Iowa House Republican leaders have refused to act on an extensive Medicaid oversight bill that cleared the Senate with bipartisan support. However, they promise to unveil their own Medicaid oversight proposal soon. Senate Democrats will seek to add many oversight provisions to the human services budget, which is often one of the last bills to be resolved before lawmakers adjourn for the year.

One major red flag: Iowa hired only “two ombudsmen to investigate and work as advocates for the 560,000 poor or disabled people” on Medicaid. As Jason Clayworth reported for the Des Moines Register in January, a working group that studied the issue recommended hiring 134 more ombudsmen at a possible cost of $17 million annually.

Rhonda Shouse has been among the most vocal opponents of Medicaid privatization. She shared with Bleeding Heartland some resources for recipients who run into problems with their new managed-care providers. I enclose those below.

Some good public health news: state lawmakers recently approved a bill that would allow “First responders, emergency medical service providers, police, firefighters and licensed health care professionals” to maintain a supply of the drug Naloxone (also known as Narcan). The medication can prevent death after an overdose of heroin or prescription opioid pain-killers, both of which have become more prevalent in Iowa, as in many other states. Senate File 2218 passed the upper chamber the Senate unanimously and cleared the House by 93 votes to 2 (the dissenters were Republicans Stan Gustafson and Mike Sexton). Several groups representing law enforcement or medical professionals lobbied for this bill. At this writing, Governor Terry Branstad has not yet signed it.

UPDATE: Branstad signed the bill about the overdose drug on April 6.

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Iowa to require inventory of untested rape kits

Yesterday Governor Terry Branstad signed a bill requiring a statewide inventory of untested rape kits. The Iowa Attorney General’s Office pushed for House File 2420, which passed the Iowa House and Senate unanimously with the support of various groups representing law enforcement, crime victims, and attorneys.

I enclose below background on the provisions, benefits and limitations of the bill State Public Defender Adam Gregg described as a “significant step toward justice in Iowa.”

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Iowa county governments: Don't inconvenience us by protecting fundamental constitutional rights

The Iowa State Association of Counties has asked the Iowa Supreme Court to keep tens of thousands of citizens permanently disenfranchised so county auditors will have “a definition of infamous crime that can be easily discerned and quickly applied” as they administer elections.

In addition, the association representing county officials suggests auditors will be unable to provide “the orderly conduct of elections” if the high court does not abandon efforts to distinguish certain felonies from the “infamous crimes” that disqualify Iowans from voting under our state’s constitution.

The disturbing attempt by county governments to place administrative convenience above a fundamental constitutional right came in a “friend of the court” (amicus curiae) brief filed in connection with a case the Iowa Supreme Court will consider this week. Yet Polk County Auditor Jamie Fitzgerald, the chief elections officer in Iowa’s largest county, maintains that a new standard allowing some felons to vote would not be “an administrative burden any more than the myriad other provisions that county auditors and poll-workers must contend with.”

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Conservative group smearing Judge Jane Kelly in tv ad

Whether Eighth Circuit Appeals Court Judge Jane Kelly is still on President Barack Obama’s short list for the U.S. Supreme Court vacancy is an open question. Multiple news organizations confirmed that she was under consideration for the appointment, and she remains a leading contender according to analysts like SCOTUSblog’s Tom Goldstein. Julia Edwards and Jeff Mason reported for Reuters over the weekend that the “White House has narrowed its search for a U.S. Supreme Court nominee to three federal appeals court judges, Sri Srinivasan, Merrick Garland and Paul Watford.” (This piece by Dylan Matthews contains short backgrounders on each of those judges.)

The conservative Judicial Crisis Network is taking no chances. They announced Friday a “a six-figure television and digital advertising campaign in several states exposing potential Supreme Court nominee, U.S. Circuit Court Judge Jane Kelly, as a liberal extremist.” I enclose below the video, transcript, and analysis of the 30-second commercial, which is running in Iowa because our senior Senator Chuck Grassley chairs the Senate Judiciary Committee. Part of the $250,000 ad buy also went toward airing the spot “during Sunday morning public affairs shows in Colorado, Indiana, North Dakota, Washington D.C. and West Virginia,” hoping to put pressure on potentially vulnerable Democratic senators.

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Anatomy of a missed opportunity for Bruce Harreld

Shortly before starting work as the University of Iowa’s president, Bruce Harreld told the Iowa City Press-Citizen’s Jeff Charis-Carlson that he had no immediate plans for high-level staff changes.

“I’ve done this in different environments multiple times,” said Harreld, who was an executive at Boston Chicken and Kraft Foods before becoming senior vice president for marketing and strategy at IBM. “And I always believe that the institutional knowledge that the existing team has is enormously important.”

There will be changes, of course, Harreld said, but agendas for change will involve the people who know the university best.

“I see a lot of leaders do this wholesale changing of leadership, and I think they lose a lot of momentum in that process,” Harreld said. “I’m a huge believer in culture and context, and I’ve been teaching that and practicing it all my life.”

This week Harreld demonstrated too much commitment to the university’s existing team.

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IA-Sen: Robert Rees challenging Chuck Grassley in GOP primary

Catching up on news from the busy final weeks before the Iowa caucuses, U.S. Senator Chuck Grassley has a rival for the GOP nomination. Robert Rees launched his campaign on January 18, pledging to support term limits for members of Congress and the 10th Amendment, which reserves for the states powers not delegated to the federal government. Rees most recently worked as a conservative talk radio host but fell victim to a format change in October, when 98.3 FM in Des Moines switched to classic hip hop. Rees has a campaign website and is on Twitter, Facebook, and LinkedIn. He frequently uploads “campaign diaries” and other videos to his YouTube channel.

After the jump I’ve posted background on Rees, some of his answers to frequently asked questions about his challenge to Grassley, and his introductory video, in which he notes that Grassley has been in Washington, DC since a year before Rees was born. I’ve also enclosed excerpts from two articles linked on the Rees campaign website. Among other things, those pieces criticize Grassley for approving too many judges nominated by President Barack Obama–which is comical, since during Grassley’s first year as chair of the Senate Judiciary Committee, the Senate confirmed only eleven federal judges, “the fewest in a single year since 1960.”

I can’t conceive of any scenario in which Grassley loses a Republican primary, but assuming Rees qualifies for the ballot, it will be interesting to see how many conservatives cast protest votes for him. For reference, Tom Hoefling got just under 17 percent of the vote in his 2014 GOP primary challenge to Governor Terry Branstad. Turnout is likely to be very low on June 7, since no other statewide offices are elected this year, and only one of Iowa’s four Congressional districts appears likely to have a competitive GOP primary (Representative David Young is expected to face at least one conservative challenger in IA-03).

Rees had nominating petitions out at some Republican precinct caucuses on February 1. To qualify for the primary ballot, he will need to submit to the Secretary of State’s office by March 18 at least 3,331 signatures (0.5% of the votes cast for Governor Terry Branstad in Iowa’s 2014 general election). In addition, those signatures must be collected in at least ten counties, and for each of those counties, the number of signatures on nominating petitions must equal at least 1 percent of the votes cast for Branstad in the 2014 general election.

A few conservatives made noise about a primary challenge to Grassley in 2009, when it appeared he might support some version of health care reform, but they never followed through. Iowa’s senior senator defused some anger on his right flank by warning that end-of-life counseling provisions in the proposed bill could let people “pull the plug on grandma,” though he had voted for a previous law including such counseling. He later voted against the Affordable Care Act in committee and on the Senate floor, while seeking credit for some of its provisions.

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How to write an Iowa caucus party platform resolution

Many Iowans leave their precinct caucuses after the presidential selection process, but the caucuses also provide an opportunity for politically-engaged people to influence their party’s platform. If you bring a resolution to your precinct caucus, you have a good chance of getting it approved and sent to the county platform committee, which decides what will come to a vote at the county convention.

Little-known fact for those who want to exercise this option: platform resolutions should be written in a different format from other political resolutions you may have read. Follow me after the jump for details and examples of resolutions you can bring to your caucus on Monday night.

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Yes, Maybe, We Still Can

Bleeding Heartland welcomes guest posts on issues or candidates. -promoted by desmoinesdem

For the past several months, both online and out in the real world, I have advocated for the candidacy of Senator Bernie Sanders. I believed then as I believe now that he is an honest, principled advocate for the concerns of working people who are seeing their livelihoods imperiled on a daily basis by political process that is rigged against them and an economic system that favors massive, inherited wealth and fosters inequality. I believed then as I believe now that the vast and growing gap between the wealthy elite and the struggling masses threatens the very foundation of our collective society and that the only way to prevent a new-fangled aristocracy from permanently seizing the reins of power would be for immediate and drastic actions to not only stop but reverse this devastating growth of inequality. I believed then as I believe now that, even though Secretary Hillary Clinton is an eminently qualified candidate to lead our nation, it was necessary for someone like Senator Sanders to challenge her to confront these issues and speak to and up for the losers of our economic system.

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Why I encourage Iowans to caucus for Bernie Sanders

Bleeding Heartland welcomes guest posts on topics of statewide, local, or national importance. -promoted by desmoinesdem

My name is Aaron Camp. I’m not an Iowan, in fact, I’m a lifelong resident of Vermilion County, Illinois who has never been to Iowa. I’m a staunch supporter of the Bernie Sanders presidential campaign, although I am not officially affiliated with the Sanders campaign in any way. With the first-in-the-nation Iowa caucuses just days away, I’ll take this opportunity to encourage Iowans to participate in the Democratic caucus and caucus for Bernie Sanders.

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How Iowa political leaders could honor the legacy of Rev. Dr. Martin Luther King, Jr.

When Congress finally passed a bill establishing a federal holiday named after the Rev. Dr. Martin Luther King, Jr. in 1983, national public opinion was split down the middle on whether the civil rights leader should be honored in this way. The holiday is no longer controversial, and members of Congress who voted against it, such as Senator Chuck Grassley, are quick to explain that they admire King’s work. Bleeding Heartland has compiled links related to Dr. King’s legacy and the long slog to establish this national holiday here, here, here, here, here.

I’ve been predicting for months that this year’s legislative session would mostly be a giant waste of many people’s time. I hope Iowa lawmakers and Governor Terry Branstad will prove me wrong by enacting not only the criminal justice reforms Branstad advocated in his Condition of the State speech last week, but also legislation to reduce mandatory minimum sentences, and improve police identification and interrogation procedures as well as police use of body cameras. The NAACP is pushing for a bill to ban racial profiling by law enforcement, which should not be controversial but probably will be a very heavy lift at the Capitol.

Branstad could act unilaterally to reduce one of Iowa’s massive racial disparities by revoking his 2011 executive order that has disenfranchised thousands of people, disproportionately racial minorities. (The procedure the governor established for regaining voting rights is “just about impossible” for felons to navigate.)

Any relevant comments are welcome in this thread. All three Democratic presidential candidates mentioned Dr. King during their opening statements during last night’s debate in South Carolina, and I’ve enclosed the videos and transcript below. I also included the part of the transcript containing Hillary Clinton’s and Bernie Sanders’ remarks on criminal justice reform.

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High points for Clinton and Sanders in the South Carolina Democratic debate

Expanded from a short take for CNN

Hillary Clinton was solid and Bernie Sanders turned in his best debate performance yet in Charleston last night. Can anyone deny that Democratic National Committee leaders should have allowed more debates and scheduled them on nights when more voters would watch? The sometimes sharp exchanges between the front-runners probably didn’t change many Democratic minds, but Clinton and Sanders both delivered plenty of lines that should reinforce the inclinations of voters who are supporting them or leaning in that direction.

I suspect the following moments will particularly resonate with Iowa caucus-goers, based on my conversations with hundreds of Iowa Democrats and on how I’ve seen multiple crowds react to the candidates.

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Weekend open thread: "Making a Murderer" edition

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

The more I hear about “Making a Murderer,” the more tempted I am to become a Netflix subscriber so I can watch the ten-part documentary myself. The series follows the case of Steven Avery, released from prison after 18 years when DNA evidence showed he was innocent of the rape for which he had been convicted. A few years later, Avery and his teenage nephew Brendan Dassey were charged and convicted of murdering Teresa Halbach. The documentary suggests that Avery and Dassey, who are both serving life sentences, did not kill Halbach and did not receive fair trials.

Lee Rood has a front-page feature in today’s Des Moines Register about how problems highlighted in “Making a Murderer” point to the need for criminal justice reforms in Iowa, such as “uniform best practices for eyewitnesses and the mandatory recording of law enforcement interrogations.” I’ve enclosed excerpts after the jump, but I strongly recommend clicking through to read her whole story.

Avery’s wrongful conviction for rape rested primarily on eyewitness testimony. The latest edition of the New Yorker contains an excellent piece by Paul Kix on how a similar “travesty led to criminal-justice innovation in Texas.” Passages enclosed below cite Iowa State University Psychology Professor Gary Wells, who “has spent decades researching ways in which police lineups can be made more accurate.” Wells testified at a hearing seeking to exonerate a man who had died in prison, serving time for a rape he did not commit. Some of Wells’ recommendations for improving police identification practices were incorporated into a Texas law.

Those measures are different from the reforms an Iowa working group proposed and Governor Terry Branstad endorsed in his speech to state lawmakers this week. But with statehouse Republicans and Democrats deeply divided over education spending, Medicaid privatization, and Planned Parenthood funding, criminal justice reform may provide a rare opportunity for bipartisan cooperation this year. I hope members of the Iowa House and Senate who applauded Branstad’s call to reduce racial disparities will also consider some of the steps Texas has taken to prevent wrongful convictions.

Speaking recently to the Marshall Project, the rape survivor whose mistaken eyewitness testimony sent Avery to prison during the 1980s recounted how seeing a picture of her real attacker doesn’t stir up any emotion for her. In contrast, she says, “I still see Steven Avery as my assailant even though I understand he wasn’t.” I have read other accounts of traumatic memories being altered so that misremembered details evoke panic and terror. The way trauma affects the mind and body and the malleability of traumatic memories are major themes in Dr. Peter Levine’s latest book Trauma and Memory. I hadn’t heard of the book until I received a copy from a friend who found Levine’s approach to healing trauma life-changing.

A videotaped confession by Avery’s “low-functioning” nephew became a key part of the prosecution’s case in the trial that is the focus of “Making a Murderer.” Des Moines defense attorney Gary Dickey told Rood, “Set aside Avery’s innocence or guilt, the most striking thing of the whole series is the clearly coerced confession of Brendan Dassey.” It is surprisingly easy to manipulate a person to admit doing things that never happened, as shown by the New York Police Department’s ability to obtain false confessions from five teenagers accused of assaulting the “Central Park jogger” during the 1980s. Discussing that notorious crime, Saul Kassin, Psychology Professor at the John Jay College of Criminal Justice and Williams College, pointed out that “in some cases people accused of crimes, particularly kids and others who are limited intellectually, become so confused by the lies that they actually come to believe they have committed this crime they did not commit.”

A chapter in Trauma and Memory focuses on “the pitfall of false memory,” such as when therapists (either unscrupulous or well-meaning) induce patients to believe wrongly that they suffered ritual or sexual abuse as children. At the end of this post, I enclose a passage from Levine’s book addressing “malevolent police interrogation methods” used to implant inaccurate memories and thereby obtain false confessions or wrongful convictions.

Among other things, the final installment of “Making a Murderer” covers a post-script to the Avery case: the downfall of District Attorney Ken Kratz, who prosecuted Avery and Dassey. Ryan Foley, an Associated Press correspondent in Iowa, was working for the AP in Wisconsin when he reported that Kratz “sent repeated text messages trying to spark an affair with a domestic abuse victim while he was prosecuting her ex-boyfriend.” Kratz lost his job over that despicable abuse of power, which he later blamed on mental health conditions and prescription drug dependence. All journalism students should listen to Foley’s interview with Kratz before the story appeared, a fascinating example of a newsmaker trying to intimidate a reporter. In quite a show of interrogation techniques, the DA warned that a “hatchet story” on his inappropriate behavior would reveal the journalist to be a “tool” for someone else’s political agenda. Kratz modulated his voice frequently–lecturing, mocking, shouting, even whispering–hoping to throw Foley off balance and trick him into revealing his sources.

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Iowa Supreme Court Chief Justice describes reforms to reduce racial disparity, improve juries

Last year, racial disparities in Iowa’s criminal justice system were a major theme of Iowa Supreme Court Chief Justice Mark Cady’s annual Condition of the Judiciary report to state legislators. Today Cady followed up by telling Iowa House and Senate members how the judicial branch is addressing the problem through training judges and staff, pilot programs aimed at reducing school referrals to juvenile court, early steps to change the rules on pretrial release of those charged with crimes, and better jury selection procedures. I’ve posted the relevant sections of his 2016 Condition of the Judiciary speech (as prepared) below. The full text is available here. Click through to read sections focusing on what Cady has described as the justice system’s six priorities:

• Protect Iowa’s children
• Provide full-time access to justice
• Operate an efficient full-service court system
• Provide faster and less costly resolution of legal disputes
• Operate in an open and transparent way
• Provide fair and impartial justice for all

Near the end of his speech, Cady discussed the largely unknown problem of human trafficking, which “exists as a dark underworld in many communities across Iowa and is associated with some of Iowa’s most iconic places and events.” I enclose those remarks at the end of this post. For more background on what trafficking looks like in Iowa, listen to this Iowa Public Radio program from 2012 or read Annie Easker’s investigative report for Iowa Watch. Bridget Garrity’s feature on a documentary film about trafficking is another good read. After advocates for trafficking victims raised awareness of Iowa’s poor legal framework for fighting such crimes, state legislators passed and Governor Terry Branstad signed major bills on trafficking during the 2014 and 2015 legislative sessions.

UPDATE: Forgot to mention that Chief Justice Cady is a contender for all-time best appointee during Branstad’s oh-so-long tenure as governor. Who else is in his league?

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Criminal justice reform is major theme of Branstad's Condition of the State address

Governor Terry Branstad delivered his annual Condition of the State address to members of the Iowa House and Senate and the Iowa Supreme Court justices yesterday. If you missed the speech, the full prepared text is here. Iowa Public Television posted the video and transcript here. The early part of the 30-minute address included one false or misleading assertion after another.

· “Sound budgeting practices and fiscal discipline now have us ranked as the 3rd best managed state in the nation.” Contrary to the idea that Branstad markedly improved Iowa’s operation, a major investors group also ranked Iowa the third best-managed state in 2010 under Governor Chet Culver, recognizing Iowa’s good fiscal position, high credit ratings from leading agencies, and low debt per capita compared to most other states.

· “The Iowa Economy has created 214,000 new jobs; surpassing our 2010 goal.” Sorry, no. That’s a fake statistic no economist would accept. It’s a shame the governor has instructed Iowa Workforce Development to keep cooking the books on employment.

· “If the state fails to implement managed care, the growth of Medicaid spending will consume virtually all of our revenue growth.” The Branstad administration has not been able to demonstrate that managed care will save the state money. Florida’s Medicaid privatization turned out to be more costly without improving patient care.

I was also disappointed not to hear more specifics about how Branstad envisions spending funds he would like to divert from school infrastructure to water programs. What kind of water quality programs would be prioritized, and who would administer them? Then again, details about this plan may be irrelevant, because Iowa House and Senate leaders don’t sound open to the idea.

For now, I want to focus on a much more promising part of Branstad’s address. To my surprise, the governor devoted a major section–roughly eight minutes of speaking time–to advocating for criminal justice reforms proposed by a working group he appointed in August. The group was charged with developing ideas to increase fairness and reduce racial disparities in Iowa’s criminal justice system. Click here to read the full recommendations released in November. Bleeding Heartland will discuss some of the proposals in more detail in future posts. Advocates for defendants’ rights and racial justice have generally welcomed the proposals.

Although some policies do not go far enough, and other important reforms are missing from the document, I’m encouraged to see the governor apply some political capital toward reducing systemic racism and inequities in the justice system. I enclose below the relevant portion of Branstad’s speech, with some annotations.

UPDATE: I can’t believe I forgot to mention one thing Branstad could do immediately to address a massive racial disparity in Iowa. His executive order making it extremely difficult for felons to regain their voting rights disenfranchises Iowans of all ethnic backgrounds but disproportionately affects racial minorities.

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16 Iowa politics predictions for 2016

Hoping to improve on my percentages from last year, I offer sixteen Iowa politics predictions for 2016. Please spin your own scenarios in this thread.

I finally gave up on trying to predict whether Governor Terry Branstad will still be in office at the end of the year. Although his close adviser David Roederer “emphatically” says Branstad will serve out his sixth term, I am convinced the governor will resign early. But I can’t decide whether that will happen shortly after the November 2016 election or shortly after the Iowa legislature’s 2017 session.

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Details on President Obama's executive orders on guns, with Iowa reaction

In an emotional White House address, President Barack Obama announced today new executive actions aimed at reducing gun violence, including suicides as well as homicides and other crimes.

• Background Checks: Require all gun sellers — including online and at gun shows — to have a license and perform background checks. Have the FBI overhaul the existing background-check system.
• Enforcement: Improve the use of America’s existing gun laws, and add 200 new agents to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
• Mental Health: Remove barriers that can keep states from reporting and sharing information about people barred from owning guns for mental health reasons, and spend $500 million to increase access to mental health care.
• Technology: Push for research in gun safety technology, such as “smart guns” that can only be fired by authorized users. The research would be done by the Departments of Defense, Justice, and Homeland Security. The White House notes the federal government is “the single largest purchaser of firearms in the country.”

I enclose below more details on steps the president ordered as well as Iowa political reaction. I will update this post as needed, since some of the Iowans in Congress neither released statements on this issue nor responded to my requests for comment.

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Weekend open thread: New Hampshire Democratic debate edition

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

The foolishness of the Democratic National Committee’s policy on debates was on display again last night, as three knowledgeable, articulate presidential candidates met in a televised debate bound to draw relatively few viewers because of its timing. I decided to try something different and watch this debate without taking notes or live-tweeting, to experience the event more like a normal person would (to the extent that a person who spends a Saturday night during the holiday season watching a presidential debate could be described as normal). My impressions are after the jump, along with good links on the data breach that allowed Bernie Sanders staffers to access proprietary information about Hillary Clinton’s campaign from the voter file.

Although it didn’t get the biggest play online or on television, the most important political news of the week was arguably Congress approving legislation to fund the federal government through next September. Bleeding Heartland covered the Iowa voting and reaction here. Reading Representative Steve King’s lament about House leaders not including his nine “defunding” amendments in the omnibus budget bill reminded me of one of my all-time favorite King press releases. After House conservatives failed to get language into Homeland Security legislation on defunding President Barack Obama’s immigration-related executive orders, King’s official statement featured an image of interlocking fishing nets to illustrate his analysis: “The fish trap that Republicans have been swimming further and further into finally trapped them today. The White House is having a fish fry.”

The New York Times had to publish major corrections to another blockbuster scoop this week. Matt Apuzzo and Michael Schmidt, the two main authors of the inaccurate story about a San Bernardino shooter, also wrote the almost completely wrong New York Times front-pager from July about Hillary Clinton’s e-mails. The Times’ public editor Margaret Sullivan wrote a strong column about the latest screw-up, a “failure of sufficient skepticism at every level of the reporting and editing process.” Absurdly, the newspaper’s editors tried to blame the unnamed government sources for not understanding social media. Journalists need to confirm key facts before publication, because their anonymous sources may be leading them astray, either accidentally or by design.

One of the best long reads I’ve seen lately was this harrowing piece by Ken Armstrong and T. Christian Miller for The Marshall Project about a serial rapist and one of his victims, whom police wrongly charged with filing a false rape report.

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Weekend open thread: Threat assessments

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

Arguments over the appropriate U.S. response to refugees from Syria were a hot topic this week in personal conversations as well as in the news media. I saw some longtime friendships strained over heated Facebook threads about the question. Governor Terry Branstad’s order “to halt any work on Syrian refugee resettlements immediately in order to ensure the security and safety of Iowans” provoked commentaries in several major newspapers and an unusually strong statement from Iowa’s four Catholic bishops.

The U.S. House vote to in effect stop the flow of refugees from Syria and Iraq generated passionate comments from supporters and opponents of the measure. Dozens of Iowans expressed their disappointment on the thread under Representative Dave Loebsack’s official statement explaining his vote. In an apparent response to negative feedback from progressives, Loebsack’s Congressional campaign sent an e-mail to supporters the following day, trying to distinguish his position on refugees from the Middle East from that of many Republicans, and assuring that “we will not turn our backs on those in need.” (Scroll to the end of this post to read that message.)

Calls by some politicians to admit only certifiably Christian refugees from the Middle East triggered strong emotions in many American Jews this week. I saw it on my social media feeds, where many people reminded their non-Jewish friends and acquaintances that the U.S. turned away a ship carrying hundreds of Jews fleeing Nazi Germany in 1939. The United States Holocaust Memorial Museum issued a rare statement on a political matter (enclosed below), urging “public figures and citizens to avoid condemning today’s refugees [from Syria] as a group.”

I’ve seen many people object to that analogy, saying reluctance to admit Syrian refugees is grounded in legitimate fears for public safety, unlike the prejudice that influenced U.S. immigration policy during the 1930s. But as historian Peter Shulman explained in this commentary for Fortune magazine,

Opposition to Jewish refugees was not simply timeless bigotry. With today’s talk of “Judeo-Christian” values, it is easy to forget the genuine alienness and threat to national security these refugees represented. […]

Behind these [1939 poll] numbers [showing widespread hostility toward Jews] lay a toxic fear of Jewish subversion. For decades, Jews had been linked to various strains of un-American threats: socialism, communism, and anarchism, of course, but also (paradoxically) a kind of hyper-capitalism. Many believed that the real threat to the United States lay not from abroad, but within.

One author of a recent letter to the Des Moines Register called for vetting Syrian refugees at the U.S. facility for holding suspected terrorists at Guantanamo Bay: “My Irish ancestors went through a similar process at Ellis Island. The vetting procedure was very different for them. They were checked to be sure they weren’t carrying diseases into America. We need to be sure that the refugees coming into our country don’t come with a mind disease goal of killing us, instead of seeking a new life for themselves, like my Irish ancestors did.” Here’s some news for letter-writer Janet Boggs: when the first large waves of Irish ancestors entered this country during the 1840s and 1850s, many native-born Americans considered them and other Catholic immigrants an existential threat to this country, not harmless migrants seeking a better life. Read up on the Know-Nothing Party.

Today’s Sunday Des Moines Register includes a letter to the editor from Republican State Representative Steve Holt, who thanked Branstad for making “the safety of Iowans” his priority. Holt warned, “If we expect Western civilization to survive, we must abandon political correctness and educate ourselves on the realities of Islam, and the instrument of its implementation, Sharia law.” Holt represents half of GOP State Senator Jason Schultz’s constituents in western Iowa; Schultz has been beating the “Sharia law” drum for months while agitating against allowing any more refugees from the Middle East to settle in Iowa. UPDATE: I should have noted that today’s Register also ran a letter to the editor from Democratic State Representative Marti Anderson, who made the case for welcoming refugees. I’ve added it after the jump.

Speaking of security risks, yesterday Ryan Foley reported for the Associated Press on questions surrounding the threat assessment teams many universities formed after the 2007 mass shooting at Virginia Tech. I didn’t know that the University of Iowa sent “a detective with the campus threat assessment team” to a fake news conference communications Professor Kembrew McLeod organized in August to poke fun at efficiency measures outside consultants recommended for Iowa’s public universities. I had forgotten about the lawsuit stemming from false accusations that a whistleblower employee in the Iowa State College of Engineering’s marketing department might be a “potential terrorist or mass murderer.” Officials spreading such rumors about the employee included the former boss whose shady conduct he had exposed. Excerpts from Foley’s article are below, but click through to read the whole piece.

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Sounds like Jim Webb is leaning toward an independent presidential bid

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Ten days after ending his quest for the Democratic presidential nomination, former U.S. Senator Jim Webb appears to be leaning toward an independent candidacy. His guest editorial in today’s Washington Post is titled, “America needs an independent presidential candidate.” Excerpt:

Sen. Bernie Sanders (I-Vt.) notwithstanding, the Democratic Party has coalesced around a member of a powerful, moneyed dynasty whom at this point most Americans do not trust and half do not like. If successful, she would guarantee further gridlock; if unsuccessful, she could lead the Democratic Party to the same dismal results it experienced in the elections in 2010 and 2014.

Tectonic shifts occur slowly but eventually they produce earthquakes. It is becoming ever clearer that we are on the cusp of a new era in U.S. politics, driven by the reality that a large percentage of Americans really do dislike both political parties and their leaders. They want and deserve something different, and nowhere is that reality more clearly seen than in the presidential race, in which the extremes that have taken over the nominating process have become glaringly obvious.

There can be no better answer to these developments than electing as president a tested, common-sense independent who can bring to Washington a bipartisan administration to break the gridlock paralyzing our political debates and restore the faith of our people in their leaders.

I am in the process of deciding whether to mount such a campaign. Clearly, the need for another option grows stronger and more apparent by the day.

Disenchantment with the major political parties is nothing new. But if the much better-known independent candidate Ross Perot couldn’t win a single state after spending some $60 million on his 1992 presidential bid, how on earth does Webb think he could be elected next year? He’d need to raise an estimated $8 million just to get on the ballot in all 50 states. In his last fundraising quarter as a Democratic candidate, Webb raised less than $700,000.

For a fraction of the expense of running for president, Webb could become an influential nationwide advocate for criminal justice reform. I remain hopeful that after weighing the costs and benefits, Webb will reject a hopeless vanity bid in favor of an issue-based campaign to change this country for the better.

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New state office will seek to identify and exonerate wrongfully convicted Iowans

Six months after the Federal Bureau of Investigation acknowledged that flawed testimony about hair analysis may have caused innocent people to be convicted of crimes, the State Public Defender’s office has created a new Wrongful Conviction Division “to determine whether similar errors have occurred in Iowa cases” and to “pursue available legal remedies.” I enclose below the press release announcing the new office, which will collaborate with Iowa Division of Criminal Investigation, the Innocence Project of Iowa, and the Midwest Innocence Project. People seeking to have their cases reviewed can submit this 12-page intake questionnaire (pdf).

State Public Defender Adam Gregg deserves credit for making this happen less than a year after Governor Terry Branstad appointed him to the job. (A former legislative liaison for Branstad, Gregg ran unsuccessfully for Iowa attorney general in 2014.) The press release indicates that Gregg repurposed a vacant position in his office using existing appropriations. Taking that route allowed him to move more quickly than if he had lobbied state lawmakers for funding to create a Wrongful Conviction Division. Gregg also hired a serious person to run the new division in Audrey McGinn, who spent four years as a staff attorney for the California Innocence Project. Scroll to the end of this post for more background on McGinn’s work.

Radio Iowa’s O. Kay Henderson reported from the October 26 press conference,

“What’s an acceptable error rate for our criminal justice system?” State Public Defender Adam Gregg asked this morning. “Even if we get it right 99 percent of the time and only get it wrong one percent of the time, that would mean there are over 80 innocent people currently incarcerated in Iowa prisons. And at what cost? To the state, it’s about $34,000 per year per inmate. But what about to their families, to their lives and to their sanity? And at what cost to public safety?”

Gregg said when the wrong person is convicted, that means the real criminal isn’t held accountable. The first batch of cases to be reviewed by this new division date back to the 1980s and early ’90s.

Criminal defense attorney Nick Sarcone commented to Bleeding Heartland, “I think this is an important step towards ensuring the integrity of our justice system. However, we need to spend more time, energy and money fixing the substantial issues which plague our system at the trial court level. We need to ensure this new unit is not investigating cases from 2015 in 2030.”

UPDATE: Added below criminal defense attorney Joseph Glazebrook’s reaction to this news.

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U.S. Attorney Nick Klinefeldt stepping down, not running in IA-03

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After six years as U.S. attorney for Iowa’s Southern District, Nick Klinefeldt will leave that position next month to go back to private law practice. I enclose below the full press release on his departure. Among other things, the former defense attorney highlighted his work on national committees “to update and expand discovery policies to ensure defendants [in federal courts] receive all of the information they need to adequately defend themselves, and revamp sentencing practices to ensure the end result of a prosecution is fair.” He also

developed a comprehensive discovery policy for the Southern District of Iowa that ensures criminal defendants receive even more information about the case against them than is required by the rules and that they receive it quickly. This policy included the development of a Stipulated Discovery and Protective Order that is now universally used in all criminal cases across the district. United States Attorney Klinefeldt also changed the way the office utilized mandatory minimum sentences, to ensure that they were only used when absolutely necessary.

U.S. House race-watchers had their eye on Klinefeldt earlier this year as a possible Democratic candidate in Iowa’s third Congressional district, but I have never heard of Klinefeldt signaling any intention to run. In recent weeks, the local Democratic establishment has been consolidating around Jim Mowrer, one of two declared challengers to first-term Representative David Young. Today Klinefeldt confirmed that he is not planning to run for Congress, Grant Rodgers reported for the Des Moines Register.

UPDATE: Michael Gartner wrote an excellent commentary on Klinefeldt’s record for the Des Moines-based weekly Cityview. Scroll to the end of this post for excerpts.

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A better use of Jim Webb's time than running for president as an independent

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Former U.S. Senator Jim Webb ended his campaign for the Democratic presidential nomination today. Warning that “The very nature of our democracy is under siege due to the power structure and the money that finances both political parties,” Webb said he will spend the next few weeks deciding whether to run for president as an independent. He still believes he “can provide the best leadership” to meet the country’s challenges and intends “to remain fully engaged in the debates that are facing us.”

Former New Mexico Governor Gary Johnson, who was the Libertarian Party’s presidential nominee in 2012, recently estimated that getting on the ballot in all 50 states would cost about $8 million and would require a lot of organizational work. Webb asserted today, “I have no doubt that if I ran as an independent we would have significant financial help.” But his presidential campaign raised less than $700,000 during the entire third quarter. Nor did Webb build much of an organization, even in the early-nominating states.

Webb could devote the next year to seeking ballot access and public attention, winning a few percent of the vote in the best-case scenario. Or, he could influence a salient public policy debate that is close to his heart with a much smaller investment of his time and other people’s money.

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Weekend open thread: Strange courtroom pronouncements edition

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

Former State Senator Kent Sorenson testified this week in the trial of two former Ron Paul presidential campaign aides. (A judge dismissed charges against a third man who had been indicted in the same case.) After initially claiming to be the victim of a “straight-up political witch hunt,” Sorenson eventually pled guilty to federal charges related to accepting hidden payments. He had been negotiating with Paul’s operatives for months on a price for changing his allegiance from presidential candidate Michele Bachmann to Paul less than a week before the Iowa caucuses.

Russ Choma wrote up Sorenson’s testimony for Mother Jones, and Grant Rodgers has been covering the trial for the Des Moines Register. On Thursday, Sorenson testified that he was upset when some staffers for Michele Bachmann’s campaign treated him “like a leper,” after he revealed that he had considered switching to Paul and was offered money to do so. Dude, what did you expect? Asking to be paid for a presidential endorsement should get a person shunned from polite society. People with leprosy should take offense at being compared to a guy like you.

Sorenson said in court the next day that going into politics was “a waste of my life, and I wish I had not done it.” I would guess a large number of Iowans in both parties also wish he had never gotten involved with politics.

Ten days ago, Polk County District Court Judge Douglas Staskal heard arguments in a case challenging Governor Terry Branstad’s veto of funding for two in-patient mental health facilities his administration decided to close earlier this year. In one exchange, Deputy Attorney General Jeffrey Thompson asserted that the governor could theoretically shut down the state’s court system by exercising his veto power to reject all appropriated funds for the judiciary. He noted that the constitution gives state lawmakers power to override a governor’s veto (through a two-thirds majority vote in both the Iowa House and Senate), and courts should not take on that role if legislators decline to do so.

I would like to hear attorneys’ opinions on whether the governor’s veto power extends so far. Can the governor eliminate virtually any part of state government by blocking appropriations for it, as long as at least one-third plus one member of one chamber of the legislature will back up his political agenda?

I’ve posted excerpts from these reports after the jump.

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Weekend open thread: Police shootings edition

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

Even knowing how infrequently police officers are held accountable for shooting unarmed black people, I’m stunned two outside reviews determined it was “reasonable” for a Cleveland police officer to use deadly force against twelve-year-old Tamir Rice last year. You don’t have to study that case thoroughly to recognize that “officers rushed Tamir and shot him immediately without assessing the situation in the least.” Police fired twice at short range within seconds, then didn’t offer first aid to the boy who had been holding a pellet gun.

The Washington Post maintains the most complete database on fatal shootings by on-duty police officers, tracking such cases more thoroughly than the federal government. This week Kimberly Kindy published an outstanding investigative report for the Post about how often police departments refuse to release videos of fatal incidents, even though “officers investigated in fatal shootings are routinely given access to body camera footage.” I’ve posted excerpts below, but you should click through to read the whole article.

Kindy discussed at length the accidental shooting of Autumn Steele by a Burlington, Iowa police officer in January of this year, and the fight to gain access to video of the tragedy. Kindy found that of 760 fatal shootings by police across the country so far in 2015, 49 incidents were “captured by body camera,” but “Just 21 of those videos – less than half – have been publicly released. And in several of those cases, the footage, as in Burlington, was severely cut or otherwise edited.” State officials released only a 12-second excerpt from the body cam video of the Steele shooting. I’ve also posted below clips containing background on Steele’s death and her family’s battle with authorities trying to keep relevant information secret.

Public pressure to equip more on-duty police officers with body cams has mounted over the past year, but such programs incur much greater costs than simply purchasing the cameras, Brian Bakst and Ryan Foley reported for the Associated Press in February. Departments must pay ongoing software and data storage fees.

“Everybody is screaming, ‘We need body cameras.’ But nobody is saying, where is the money coming from? What are you going to do with all the data? Who is going to manage it?” said Sgt. Jason Halifax of the Des Moines Police Department, which is struggling to identify a funding source for $300,000 to start a program. “Are we going to cut personnel? Are we going to increase taxes?”

One of the most shocking Iowa news stories I read this week appeared on the Ottumwa Evening Post website October 8. Pam Credille recounted how one night in June, a misread license plate led to a police pursuit that “should have never happened” under the Fairfield Police Department’s policy. Officers continued to pursue the car far beyond city limits (again violating department policy), and one officer was tempted to try to “box in” the fleeing vehicle (which would have been another violation). After the car spun into a ditch, Fairfield police officers ran toward it and fired several shots each. It’s just dumb luck neither of the unarmed teenagers inside were injured or killed. Credille’s story contains eight YouTube videos taken from police car dashboard camera footage before, during, and after the shooting incident. The officers involved were not disciplined; Fairfield Police Chief Dave Thomas told Credille, “I believe they responded appropriately and were safe and did a good job in defending themselves.” From what?

The Ottumwa Evening Post report reminded me of Tyler Comstock’s shooting death at the hands of an Ames police officer in November 2013. But in that incident, Comstock’s father initiated the police pursuit of his son by reporting his truck stolen after the 19-year-old took it without permission. As in the case of Autumn Steele, the county attorney determined the officer’s actions to be justified. Comstock’s family has since filed a wrongful death claim. UPDATE: Bleeding Heartland user rockm noted in the comments that the city of Ames settled with Comstock’s family “to avoid litigation.”

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Grassley finally on board with criminal justice reform: How good is the bill?

Yesterday Senator Chuck Grassley stood with colleagues from both parties to unveil the Sentencing Reform and Corrections Act of 2015. President Barack Obama advocated for criminal justice reform in this year’s State of the Union address, but six months ago, prospects for any progress toward that goal seemed dim. All paths to passing such a bill led through the Senate Judiciary Committee, which Grassley chairs. As Senator Richard Durbin noted yesterday, Grassley had been “very skeptical” about criminal justice reform and “said so repeatedly.” For example, Grassley delivered a harsh Senate floor speech in March, accusing the “leniency industrial complex” of misleading people about “nonviolent” or “low level” drug offenders. Who would have guessed the same man would stand up now to hail this “landmark piece of legislation” as the “biggest criminal justice reform in a generation” and the product of “a very thoughtful bipartisan deliberation by the Congress”?

I enclose below a summary of the Sentencing Reform and Correction Act’s key points, along with a press release with links to the full bill text and a section-by-section analysis. I also included several perspectives on the bill’s value. Reform advocates have generally embraced the step; the non-profit Sentencing Project called it “momentous legislation,” ending the “disastrous era of ‘tough on crime’ politics.” On the other hand, Shane Bauer argued in Mother Jones that the bill “doesn’t live up to its own hype.”

Scroll to the end of this post to read the full text of Grassley’s March 10 floor speech, which underscores how hard his colleagues on the Judiciary Committee had to work to bring the chairman around.

Any relevant comments are welcome in this thread. I’ve never found much to admire about tea party hero Senator Mike Lee of Utah, but all credit to him for making criminal justice reform a priority. At yesterday’s press conference, he recalled a story that ignited his passion to work for change. When Lee was an assistant U.S. attorney, a case came to his office involving a father of two in his mid-20s. The man had “made some mistakes,” selling marijuana three times over a 72-hour period while carrying a gun. He was slapped with a 55-year mandatory minimum sentence. “I don’t mean to condone what he did,” Lee said, “but I’ve never met anyone who thought a 55-year sentence was appropriate in that case. He’s going to be in jail until he’s 80.”

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Twelve resources for Iowans to mark Domestic Violence Awareness Month (updated)

A new Iowa Domestic Violence Helpline started taking calls today, MacKenzie Elmer reported for the Des Moines Register.

Survivors from any corner of the state can call the free and confidential number, 800-770-1650, to reach one of fifteen staff members who are trained to handle everything from crisis situations to counseling. […]

Before the hotline, survivors called either law enforcement or their local advocacy program. Though most programs have someone ready to answer the local crisis line 24/7, some survivors’ calls may have gone unanswered.

Local programs and advocates can now forward those calls to the hotline, where an expert can direct that survivor to the services he or she needs. […]

The statewide hotline should also provide a greater level of anonymity for survivors, [Iowa Attorney General’s Office crime victim assistance division director Janelle] Melohn said, since those living in rural areas may be hesitant to call their local program for fear that the person on the other line will recognize them.

The helpline’s launch coincides with the start of Domestic Violence Awareness Month, which grew out of efforts during the 1980s to “connect advocates across the nation who were working to end violence against women and their children.” In that spirit, I enclose below twelve links to resources for people who have been or are currently threatened by domestic violence, or care about someone in an abusive relationship.

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District Court upholds Iowa law, Branstad executive order on disenfranchising felons

Polk County District Court Chief Judge Arthur Gamble on Monday dismissed a lawsuit that challenged Iowa’s restrictions on felon voting and procedure for regaining voting rights after a felony conviction. Kelli Jo Griffin filed the lawsuit last November, having previously been acquitted on perjury charges related to registering to vote and casting a ballot in a local election. Griffin did not realize she was ineligible to vote because of a prior drug conviction. The American Civil Liberties Union of Iowa is representing her in the case, which claims Iowa law and an executive order Governor Terry Branstad issued in January 2011 unconstitutionally restrict the plaintiff’s fundamental right to vote.

A plurality of three Iowa Supreme Court justices indicated last April that they do not believe all felonies rise to the level of “infamous crimes,” which under the Iowa Constitution justify revoking citizenship rights. But that opinion did not strike down current Iowa law, which holds that any felony conviction leads to the loss of voting rights. Chief Judge Gamble noted in his ruling that he is bound by precedent on felon voting cases “until a majority of the Iowa Supreme Court” rules otherwise.

The chief judge also determined that Branstad’s executive order does not unconstitutionally restrict Griffin’s voting rights, because the paperwork and fees required are “not an unreasonable burden for a felon to shoulder.” His conclusions don’t acknowledge certain realities about the arduous process Branstad established, which “made Iowa one of the most difficult states in the nation for felons who want to vote” and create more hurdles for low-income Iowans than for those with financial resources. I enclose more thoughts on that angle below, after excerpts from Gamble’s ruling.

The ACLU will appeal the District Court’s decision to the Iowa Supreme Court. Ever since an unlikely chain of events opened the door for the high court to re-examine felon voting rights, it’s been obvious some non-violent offender like Griffin would bring a test case resembling this one. The big question now is whether Justice Brent Appel, who recused himself from last year’s related case, will align with his three colleagues who appear ready to declare that certain felonies are not “infamous crimes.”

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New report belies Steve King's scaremongering on immigration

Representative Steve King owes much of his political notoriety to hyping alleged threats posed by immigrants. From being the Iowa legislature’s leading advocate for an “official English” law to sparking a national uproar over his claim that there are 100 drug mules for every “DREAMer” who’s a valedictorian, King is a voice for those who believe immigrants–particularly Hispanic immigrants and their progeny–may drag the U.S. down to “Third World status.” His official Congressional website features a section on “illegal immigration stories,” highlighting violent crimes committed by people not authorized to live in this country. He is the primary Congressional sponsor of legislation to end birthright citizenship, a stance that is becoming more mainstream in the Republican Party. He led the successful fight to prevent DREAMers covered under President Barack Obama’s Deferred Action for Childhood Arrivals from enlisting in the U.S. military.

Yet a new report on “The Integration of Immigrants into American Society” belies most of King’s scaremongering about demographic shifts in the U.S. population. Julia Preston summarized the report’s highlights for the New York Times.

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Iowa AG Miller to GOP lawmakers: No authority to investigate fetal tissue transfers

Iowa Attorney General Tom Miller has informed 56 Republican state legislators that his office has neither “jurisdiction over transfers of fetal tissue” nor the “authority to investigate or demand information about the transfer of fetal tissue.” In a letter dated today, Miller noted that “Iowa does not have any state laws governing the transfer of fetal tissue,” which means that only offices of U.S. Attorneys are able to enforce federal laws in this area.

Last month, the GOP lawmakers asked Miller’s office “to investigate current and planned abortion operations within Iowa to ensure compliance with the law.” Their letter set out ten detailed questions regarding the disposal, donation, or possible sale of body parts following abortions. Miller directed the legislators to contact U.S. attorneys’ offices in Iowa if they “have reliable information that federal laws relating to fetal tissue are being violated.”

I enclose below the August 24 letter from Iowa House and Senate Republicans, today’s written response from Miller, and a two-page letter Planned Parenthood of the Heartland provided to the Attorney General’s Office regarding the lawmakers’ query. Planned Parenthood’s response noted that the organization “does not now, and has not in the past, participated in” any fetal tissue donation programs but adheres to “rigorous standards of care” and “compliance with all applicable laws and regulations” in every area of its work, including abortion services.

Many Iowa Republicans will be furious, not only because Miller will not act on their unfounded suspicions, but also because the Attorney General’s Office responded to their query in what appears to be a textbook late-afternoon, pre-holiday-weekend news dump.

Also worth noting: Iowa House Speaker-select Linda Upmeyer and incoming House Majority Leader Chris Hagenow did not sign the August 24 letter to Miller, but House Speaker Pro-Tem Matt Windschitl, incoming Majority Whip Joel Fry, and Assistant Majority Leaders Zach Nunn, Jarad Klein, and Walt Rogers did. Iowa Senate Minority Leader Bill Dix did not sign the letter, but Minority Whip Jack Whitver and Assistant Minority Leaders Rick Bertrand, Randy Fenestra, Charles Schneider, and David Johnson did.

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Where are they now? Anesa Kajtazovic edition

Another Throwback Thursday post is coming later today, but I’ve been meaning to catch Bleeding Heartland readers up on Anesa Kajtazovic. She served two terms in the Iowa House, having stepped in following legal troubles for the previous Democratic incumbent in a Waterloo-based district. Kajtazovic did not seek re-election to the state legislature in 2014. Instead, she ran for Congress in Iowa’s first district, finishing fourth in the Democratic primary.

The Waterloo-Cedar Falls Courier reported in June that Kajtazovic had become executive director of the Family & Children’s Council of Black Hawk County, a non-profit “focused on child and sex abuse prevention, parenting education and other programming.” At this writing, the council’s website is down, but this note on the organization’s Facebook page summarizes various parenting classes, children’s programs, and family services offered in the Cedar Valley area. A few weeks ago, Holly Hudson reported for the Courier on Kajtazovic’s work for the Family & Children’s Council. I’ve posted excerpts after the jump, but I encourage you to click through to read the whole piece.

Our culture tends to glamorize success in the business world, rather than the non-profit sector. But I can hardly think of a more valuable way for Kajtazovic to dedicate her time and energy. The Family & Children’s Council is working on many of the most pressing issues related to children’s physical safety and long-term health. Vehicle accidents are a leading cause of death and serious injury; the council helps provide car seats to needy families and runs training sessions on how to use them properly. The council’s staff “visit well over 600 families [of newborns] a year in the hospitals,” according to Kajtazovic. That kind of outreach to parents of newborns has been shown to reduce child abuse. Social workers may also spot early risk factors for postpartum depression, helping women find resources if needed. Other staff or volunteers reach thousands of children in area schools with programs like “Take Charge of Your Body,” a curriculum aimed at preventing sexual abuse. Ideally, parents would teach their children about good touch/bad touch and similar rules. But since those conversations are not happening in many households, what a child learns at school about saying no, getting away, and telling an adult could be life-changing.

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Iowa won't have to repay HAVA funds used for voter fraud investigations

The U.S. Election Assistance Commission has determined that spending $240,000 on criminal investigations of voter fraud in Iowa was an “allowable, allocable and reasonable” use of federal Help America Vote Act funds, Ryan Foley reported for the Associated Press today. I enclose the commission’s two-page memorandum of August 13 after the jump (hat tip to Foley). A spokesman for the commission told the AP “he wasn’t aware of other states using HAVA funding for similar investigations.”

Former Secretary of State Matt Schultz made battling voter fraud a major theme of his four years in office. The full-time investigator, pulled from other work at the Iowa Department of Criminal Investigations, turned up a few examples of improper registration and voting but no evidence of any large-scale voter fraud problem. Democratic State Senator Tom Courtney was among the leading critics of Schultz’s use of HAVA funds for that purpose. In October 2012, he requested state and federal audits of the matter. Deputy State Auditor Warren Jenkins announced in December 2013 that his office’s review could not determine whether criminal investigations were a proper or improper use of HAVA funds. He advised the Secretary of State’s Office to “have a plan in place” in case Iowa needed to repay the money to the federal government later.

The commission’s ruling is a lucky break for Schultz, who was elected Madison County attorney last November after losing the GOP primary in the third Congressional district. He’s keeping busy now as state chair for Senator Ted Cruz’s presidential campaign. When Schultz seeks higher office again, he can claim he was vindicated in using federal funds to investigate fraud.

For those wondering why it took federal officials so long to consider Iowa’s use of HAVA money: because Senate Republicans refused to confirm President Barack Obama’s nominees, the Election Assistance Commission didn’t have the necessary quorum to take any official actions from 2010 until January of this year, when three new commissioners were sworn in. Senators had confirmed them during the December 2014 lame-duck session of Congress as part of a large bloc of nominees approved by unanimous consent.

UPDATE: Added below a statement from Courtney urging Secretary of State Paul Pate “to formally pledge not to use federal funds for any future voter purge effort” and to make clear “that Iowa is no longer one of the states where election officials use tax dollars to suppress voter turnout.”

SECOND UPDATE: Schultz told the AP, “This was always about improving the administration of elections.” Rita Bettis, legal director for the American Civil Liberties Union of Iowa, called it “truly troublesome for our national democracy” that Schultz’s “model of voter intimidation can now be exported to other states ahead of the 2016 General Election.”

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Weekend open thread: Iowa Wing Ding edition

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

More than twenty Iowa Democratic county committees put on a great “Wing Ding” in Clear Lake Friday night. The Surf Ballroom was packed to capacity, thanks to appearances by four of the five Democratic presidential hopefuls. Despite a fairly long list of speakers including candidates for U.S. House and Senate and State Senator Amanda Ragan, who was receiving an award, the Wing Ding amazingly finished ahead of schedule. I enclose below my take on all the speeches.

For those following the saga of three former Ron Paul campaign operatives, recently indicted for their role in making illegal payments to then State Senator Kent Sorenson: Russ Choma covered the prosecutors’ latest court filing for Mother Jones. Prosecutors allege the operatives “were prepared to leak documents to harm Sorenson in 2012 if they couldn’t obtain his endorsement for Ron Paul.” An attorney for Jesse Benton acknowledged that in late 2011, his client “threatened to expose Mr. Sorenson, believing that Mr. Sorenson was trying to blackmail the 2012 RP Campaign, if Mr. Sorenson did not make up his mind on whether to commit to the Ron Paul Campaign.” But the lawyer said Benton did not follow through on what he described as “a knee-jerk, emotional reaction.” Of course, there would have been no reason to carry out the threat after Sorenson agreed to take the money in exchange for switching his allegiance to Paul.

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How Iowa law enforcement agencies justified armored vehicle requests

Marking the one-year anniversary of the militarized police crackdown on protesters in Ferguson, Missouri, Molly Redden wrote a fascinating piece for Mother Jones on how local law enforcement agencies have justified their requests for “combat style weapons, trucks, and armor.” Redden noted that in public, representatives of police organizations have cited “hostage situations, rescue missions, and heavy-duty shootouts” to justify the need for military equipment. But when requesting mine resistant ambush protected vehicles through official channels, “very few sheriffs and police chiefs cite active shooters, hostage situations, or terrorism […].” More often, they indicated plans to use the equipment for SWAT raids, drug enforcement, or serving warrants.

Through the Freedom of Information Act, Redden obtained more than 450 local requests for armored vehicles submitted during the past two years. She uploaded the documents here. Ten requests came from Iowa law enforcement agencies (the Iowa State Patrol, five county sheriff’s offices, and four city police departments). Those may not represent all the Iowa requests for armored vehicles; Redden told me she requested only applications with something written in the “special considerations” section of the form. However, I would assume that most police forces seeking to obtain heavy equipment from the military would explain why they need the armored vehicle and/or how they plan to use it.

After the jump I’ve enclosed links to the Iowa documents obtained by Redden and quoted each police or sheriff’s department explanation for requesting an armored vehicle.

President Barack Obama implemented new federal rules in May to prohibit transfers of certain military equipment to local police: namely, “tracked armored vehicles, bayonets, grenade launchers, camouflage uniforms, and large-caliber weapons and ammunition.” All of the Iowa documents Redden obtained requested armored vehicles on wheels (though the Scott County Sheriff’s Office indicated it would also accept tracked vehicles).

On a related note, in June the U.S. House rejected amendments to next year’s military budget that would have “prohibited funds from being used for the Pentagon to transfer flash-bang grenades and armored vehicles to local police departments.” Republicans Rod Blum (IA-01) and David Young (IA-03) voted for the unsuccessful attempt to stop transfers of armored vehicles to police departments. Democrat Dave Loebsack (IA-02) and Republican Steve King (IA-04) voted against that amendment.

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Weekend open thread: "Serious mismanagement" edition

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

Ryan Foley’s August 3 story for the Associated Press was disturbing on several levels. A “Serious Mismanagement Report” described a “decade of dysfunction” at the Effigy Mounds National Monument in northeast Iowa. Between 1999 and 2010, “78 construction projects costing a total of $3.4 million were approved there in violation of federal laws meant to protect archaeological resources and historic sites.” Also troubling: National Park Service officials have suppressed the report’s publication and recently denied that it existed. They have commissioned another team to write a separate (less critical) review of Effigy Mounds operations. National Park Service deputy regional director Patricia Trap delivered some unintentional comedy when she said, “I’m not denying some serious mismanagement […] But also there were actions taken along the way that were actually appropriate management.” I’m so relieved to know that Effigy Mounds officials handled some matters appropriately in addition to the seventy-eight projects that failed to comply with federal law.

Iowa Public Radio’s Morning Edition with Clay Masters interviewed Foley about the mismanagement and next steps at Effigy Mounds. Click through for the audio and transcript.

The Des Moines Register published a front-page piece by Grant Rodgers on August 5 about the “uncertain future” for Iowa’s regional drug courts. Those courts steer defendants into treatment rather than prison, turning lives around at lower cost than incarceration. “Yet despite their popularity among prosecutors, judges and community leaders, several Iowa drug courts have experienced sluggish legislative funding – so much so that they now are in jeopardy,” Rodgers reports. What a classic case of penny-wise and pound-foolish budgeting by state legislators who brag to their constituents about fiscal responsibility. With an ending balance (surplus) of at least $300 million expected for Iowa’s budget in the 2016 fiscal year, it’s ridiculous that the drug court in Council Bluffs will shut down on October 1, with courts in Burlington and Ottumwa “at risk of closing” later this year.

The front page of today’s Sunday Des Moines Register features a depressing must-read by Tony Leys about former residents of the now-closed Iowa Mental Health Institute at Clarinda, which “cared for some of the frailest and most complicated psychiatric patients in the state.” Of the eighteen people who lived in the Clarinda facility earlier this year, eight

were transferred to four traditional nursing homes, all of which are rated “below average” or “much below average” on a federal registry. The four facilities are in the bottom 29 percent of Iowa nursing homes for overall quality, according to the Medicare registry. Two of those eight patients died shortly after their transfers.

I’ve enclosed excerpts from all of the above stories after the jump, but I recommend clicking through to read the articles in their entirety.

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Why Jim Webb Deserves The Support of Democratic Voters

(Bleeding Heartland welcomes guest posts, including advocacy for candidates and first-person accounts of Iowa caucus campaign events. Paid staffers or consultants for candidates must disclose that fact if they write about the campaign they're promoting. - promoted by desmoinesdem)

Jim Webb is focused on executive leadership and getting proven results. Candidates that simply use applause lines to get votes will not be able to get results when they find themselves in a jam with Congress. Webb deserves your consideration in the Democratic nominating process because he delivered on the Post 9-11 G.I. Bill, which was a piece of legislation that he wrote before he came to the U.S. Senate. The Post 9-11 G.I. Bill has allowed millions of veterans advance their education and reach their true occupational goals. Jim Webb got results as a pro-bono attorney advocating for veterans that needed to navigate the bureaucracy of the Veterans Administration.

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Weekend open thread: Implausible Hillary Clinton narratives edition

What’s on your mind this weekend, Bleeding Heartland readers? Ten days after the New York Times published a train wreck of an exclusive about Hillary Clinton’s e-mails, the fallout continues. Kurt Eichenwald walked through many factual errors and “fundamentally deceptive” frames in the report about a “criminal referral” that never existed. The Times’ Public Editor Margaret Sullivan dug into how a story “fraught with inaccuracies” ended up on the front page. Matt Purdy, the “top-ranking editor involved with the story,” told Sullivan, “We got it wrong because our very good sources had it wrong.” New York Times Executive Editor Dean Baquet suggested the mistakes “may have been unavoidable.”

Really? No chance you got played by “very good sources” who are out to get Hillary Clinton? It wouldn’t be the first time. Representative Elijah Cummings, the ranking Democrat on the House Select Committee on Benghazi and the House Committee on Oversight and Government Reform, made a strong case that the Times fell for a familiar “ploy” of letting partisan anonymous sources “mischaracterize” documents reporters have not seen. The Clinton campaign’s official response is devastating, which may be why Baquet refused to publish it.

Some mistakes are inevitable when covering current events on a tight deadline, but thankfully, few political writers will ever commit malpractice on this scale. Aspiring journalists everywhere should study the cautionary tale. I liked Josh Marshall’s “thought experiment” for reporters “about to publish a big piece or something a lot rides on”:

Pretend that the story blows up in your face. And you have to explain to me or your editor what went wrong. If you’re the reporter in that case, you take your lumps but when you have that conversation, you really want to be able to say and explain how you covered every base, checked every box on the list and it still went wrong. When you go through that exercise it often makes you think of some box that hasn’t been checked that you really want to have checked if you find yourself in a real version of that hypothetical conversation.

I hope the Times will assign Matt Apuzzo and Michael S. Schmidt to different beats, because they have lost all credibility to report on Clinton.

This post is an open thread: all topics welcome.

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Hell, hell, the gang's all here

(Interesting look at key points and possible effects of Iowa Code on criminal gang participation and gang recruitment, adopted 25 years ago. - promoted by desmoinesdem)

The New York Times Magazine featured an article around the life of a former gang member and addict, Dr. Jesse De La Cruz, who currently serves as an expert witness in some California jury trials.  His testimony has convinced juries on some occasions that a person is not a gang member.  That’s not to say that the defendant was not convicted of a crime; it’s just that he wasn’t convicted of being a gang member.

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House bill targets "sanctuary cities": How the Iowans voted

Late last week the U.S. House voted to “withhold certain federal law enforcement grants to cities that have policies designed to shelter illegal immigrants from deportation,” Cristina Marcos reported for The Hill. The “Enforce the Law for Sanctuary Cities Act” passed on a mostly party-line vote of 241 to 179 (roll call). Iowa Republicans Rod Blum (IA-01), David Young (IA-03), and Steve King (IA-04) voted for the bill, while Democrat Dave Loebsack (IA-02) voted against it.

King is a leading voice for House conservatives on immigration policy, some of whom wanted the sanctuary cities bill to go further. House Majority Leader Kevin McCarthy helped bring the Iowa Republican on board last week by promising “to bring enforcement immigration legislation to the floor after August,” Seung Min Kim reported for Politico, citing an e-mail King sent to fellow House members. What a change from two years ago, when King was battling to stop House leaders from bringing up the Senate-approved comprehensive immigration reform bill.

Senator Chuck Grassley has introduced legislation in the upper chamber to target “sanctuary cities” and presided over a Senate Judiciary Committee hearing to discuss his bill on July 21, Mike Lillis reported. “There is no good rationale for noncooperation between the feds and state and local law enforcement,” according to Grassley. A White House statement indicated that President Barack Obama would veto such legislation and urged Congress to give the president’s 2014 executive orders on immigration “a chance to work,” because they prioritize deporting “the worst offenders”–in contrast to the “coercive approach” of the House bill on sanctuary cities.

The term “sanctuary city” has no precise legal definition. No Iowa municipality has embraced the label, although Iowa City officials have considered the issue in recent years. Some maps of sanctuary cities do not show any existing in Iowa, while others list many Iowa locations where county officials will not honor a detainer from U.S. Immigrations and Customs Enforcement without a judge’s approval. Incidentally, that policy doesn’t just apply to a few liberal enclaves; county jails in rural, conservative areas like Ida, Monona, Greene, and Franklin counties have adopted the same approach.

UPDATE: Forgot to mention that in June, King offered an amendment to the Justice Department appropriations bill that “prohibits Justice Department grants from being used for policies employed by sanctuary cities to shelter illegal immigrants.” King’s amendment passed with support from fellow Iowa Republicans Blum and Young; Loebsack and every other Democrat present voted against it.

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