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‘Keep Dunleavy’ group forms

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A group calling itself “Keep Dunleavy” has registered with the Alaska Public Offices Commission.

Chaired by Cynthia Henry, national committeewoman for the Alaska Republican Party, the stated mission of the new group is to oppose the recall of Gov. Mike Dunleavy.

A recall effort is underway and signatures are being gathered to put the question on a statewide ballot, either in a special election or an existing statewide election, such as the primary or general election. Dunleavy was elected in November of 2018, and the recall efforts began in February of 2019.

The matter still awaits a court hearing on March 25, but many observers say the Alaska Supreme Court will approve the question for the ballot, based on the justices’ political leanings.

Murkowski, Collins vote ‘nay’ on pain-capable unborn, but yes for abortion survivors

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(Corrected – Murkowski voted yes on the born-alive bill)

On Tuesday, two bills relating to abortion were on the Senate floor for a vote. As expected, Republicans were unable to reach the 60 votes needed to pass the bills.

Both Senators Lisa Murkowski of Alaska and Susan Collins of Maine voted with the Democrats and against the Pain-Capable Unborn Child Protection Act but voted in favor of the Born-Alive Abortion Survivors Protection Act.

Sponsored by Republican Sen. Lindsey Graham of South Carolina, the pain-capable bill was to protect unborn babies from abortion after 20 weeks, when science shows that they can feel pain. The bill failed 53-44.

The abortion survivors bill, sponsored by Republican Sen. Ben Sasse of Nebraska, was to protect survivors of a botched abortion. It failed 56-41.

The ferry necessity: Haul sh*t away, make State pay

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And so it came to pass that one of the most compelling reasons that rural Alaska communities in Southeast need ferries is because their septic tanks are full, and they need them to be pumped.

And the truck that pumps them needs to get on a ferry and take that sludge to Juneau, where it can be pumped into the waste treatment plant.

Such was the explanation on public media, which described the plight of people living in the homesteading community of Gustavus, where the septic tanks have filled up, as they do. And for all the wealth of Gustavus (median household income is $61,000), they’ve never figured out what to do with that stuff.

[Read: With no ferries to haul waste, things could get messy]

Gustavus is one of those white rural communities, settled 1914 by hopeful farmers who came to grow strawberries on the outwash left by glacial retreat. The strawberry farmers supplied the Treadwell Mine with strawberries from the area known as, appropriately, Strawberry Point.

Then along came President Calvin Coolidge, and in 1925, he signed into law Glacier Bay National Monument, and that included the homestead settlement of Gustavus. Appeal after appeal went on for 30 years, and finally the homesteaders were allowed to keep their land; Gustavus was excluded from being part of the national monument.

The community is now at about 440 people, not all of whom live there year round. Pelican, which is nearby, is home to about 85 people, and it, too ships its sludge to Juneau, all with the help of the State-subsidized ferry system. The fare for the pump truck on the state-subsidized ferry is $800, while a landing craft would go for much more.

Justice Bolger’s neutrality is in question, so he needs to sit this one out

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By ANN BROWN

Alaska Supreme Court Chief Justice Joel Bolger’s ability to participate impartially in the recall case has been called into question by a group opposing the governor’s recall, as well as by many voters who cast ballots to elect him in 2018.

The reason for concern about Justice Bolger’s ability to judge the appeal fairly is due to his direct involvement in the events at issue.

The trouble is not that Justice Bolger is an unfair jurist, or that he won’t try to put his personal feelings aside, as any ethical judge would who is trying a case.

The problem is that under these circumstances, the Code of Judicial Conduct dictates that he must recuse himself; failing to do so would undermine the independence of the judiciary and erode the public’s faith in the rule of law.

In an unusual letter recently, the Supreme Court acknowledged that Justice Bolger “joined and issued public statements that may relate to the events listed as recall grounds 1 and 3(a) under consideration of this case.” He did. But the letter failed to mention Justice Bolger’s multiple additional expressions of displeasure with the governor’s public policy decisions. These include:

1) Justice Bolger’s opinion that the governor’s office “does not understand”his constitutional duties for judicial appointments (the precise topic of ground 1);

2) Justice Bolger had an in-person meeting with the governor about the very judicial appointment at issue.

3) Justice Bolger delivered his negative public statements about the governor’s line-item veto of the Supreme Court’s budget (ground 3(a)) to the Alaska Federation of Natives, a group that vocally opposes the governor’s line-item vetoes, and whose attendees famously stood and turned their backs to the governor while he was delivering an address to them.

Rather, the letter stated that Justice Bolger is not biased and prejudiced, and he “knows of no other reason why he cannot render a fair and impartial decision in this matter.” The court then invited the parties to file a written motion to disqualify Justice Bolger if any of them disagree.

All judges, particularly the chief justice, must not only be impartial, they must also appear to be impartial. The Code of Judicial Conduct provides that when a judge’s impartiality “might reasonably be questioned,” that judge “shall disqualify himself.”

This obligation falls on the judge, and the judge alone. This is a deliberate feature of the Code of Judicial Conduct, designed to remove the pressure from litigants and their attorneys who, if any raised the issue, would also risk raising the judge’s ire.

Where it is obvious that a judge’s impartiality might be questioned, and the judge does not at least offer to recuse himself, this means the judge has already decided he’s not going to self-recuse. Here, Justice Bolger already concluded that there is no reason to recuse himself. He has invited any party who disagrees to file a motion to disqualify him.

This is akin to the emperor telling his courtiers, “My new clothes are undeniably beautiful and so fashion-forward. But if you disagree, feel free to tell me that I am naked.” This is exactly the awkward situation that the Code of Judicial Conduct is designed to avoid.

By all accounts, Justice Bolger is an able jurist with no history of biased rulings. That, however, is not the point. In the circumstance in which Justice Bolger has stepped into the public arena to comment on the governor’s ability to understand his job, to criticize him publicly to at least one group which is already antagonistic to him, and held a meeting with him to discuss the subject of one of the recall petition charges, it is no accident that Chief Justice Bolger finds himself in a compromised position.

In fact, one could reasonably conclude that the pro-recall group took note of the chief justice’s very public comments and tailored the petition to appeal to him in particular.

The rule of law, shepherded by an impartial and independent judiciary, is what sets our nation apart from much of the world. But to maintain this independence and credibility, jurists must be — and appear to be — above the fray. Here, the chief justice entered the conflict in a very public way. He might reasonably argue that this was his duty, because as chief justice, it falls to him to submit and protect the court’s budget and to serve as chair of the Judicial Council.

But, no matter the reason, Justice Bolger engaged in the public debate over the governor’s actions. Having done so, he needs to sit this one out. There is no shame in doing so, only honor.

Ann Brown is a retired trial lawyer who is the Vice Chair of the Alaska Republican Party. 

Loophole hides campaign treasure of Senate president

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How much has Senate President Cathy Giessel stockpiled for her reelection campaign over the past few months? There’s no way of knowing.

Giessel filed her “Year Start Report” back on June 2, 2019, to go through the Feb. 1, 2020 filing period, but she never filed any amendments to that filing, due on Feb. 18, 2020, and her report shows she has just shy of $10,000 in her campaign account.

Normally, $10,000 would not be enough to hold that seat. That amount of money in a campaign war chest would look like an invitation to a challenge.

But since that timeframe, Giessel has had several fundraisers, and it’s likely that the Senate president has close to $80,000 for her District N re-election. During her last election, she raised $207,159.

It’s just that she never updated her reporting to the Alaska Public Offices Commission for this particular report, and strangely, filed it nine months before it was due and before her actual fundraising season began.

It’s a loophole that Giessel has discovered that allows her to keep her finances out of sight for any possible challengers.

APOC fines candidates $500 a day for every day they miss the Year Start Report deadline, but has no fine on the books for the accuracy of those filings. If they aren’t up to date, there’s nothing APOC can really do about it.

Look to other candidates to follow Giessel’s lead in the future, filing nine months early on this key report, which is designed to create transparency in elections.

CDC finally concedes: USA outbreak isn’t if, but when

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COVID-19 IS LIKELY TO ‘BE BAD,’ HEALTH OFFICIALS WARN

“Americans should brace for the likelihood that the coronavirus will spread to communities in the United States, the Centers for Disease Control and Prevention announced Tuesday during a conference call with the media.

Dr. Nancy Messonnier, director of the CDC’s National Center for Immunization and Respiratory Diseases, said the spread of the coronavirus in countries beyond China has officials on the lookout for a community-wide outbreak in the US. There have been 57 cases identified so far in the US, and more than 80,000 cases worldwide since the virus was first tracked at the beginning of January. Thousands of new cases are being reported daily now, with fatalities at around 3 percent.

Of concern is the spread in Europe.

“Ultimately we expect we will see community spread in this country,” said Messonier. “It’s not so much a question of if this will happen anymore, but rather more a question of exactly when this will happen and how many people in this country will have severe illness.”

The CDC is encouraging citizens to prepare — but is not giving guidance yet on what that preparation might be.

“We will maintain, for as long as practical, a dual approach where we continue measures to contain this disease, but also employ strategies to minimize the impact on our communities,” Messonier said, adding that “significant disruptions” to Americans’ daily lives should be expected.

“We are asking the American public to prepare for the expectation that this might be bad,” – CDC Dr. Nandy Messonnier

She said that more people will want to stay home when ill, use face masks, and hand sanitizer.

But face masks are increasingly hard to come by and Alaska stores sold out weeks ago. Amazon orders are now going unfilled or undelivered, as most of the masks are made in China, and the Chinese government is hoarding them.

One of the stumbling blocks for the U.S. health establishment is that the CDC test for Covid-19 has been found faulty, and there may be more infections in the U.S. than reported since there is now a delay in test results.

50th anniversary of Samaritan’s Purse

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GROUP HAS BEEN ACTIVE IN ALASKA RURAL COMMUNITIES

Today marks the 50th anniversary of Samaritan’s Purse — five decades of responding to disasters, wars, and famine.

The organization, now run by Franklin Graham, works to follow a biblical example of the Good Samaritan.

In Alaska, Samaritan’s Purse operates Operation Heal Our Patriots at its lodge at Lake Clark, where wounded or traumatized soldiers and their spouses take time to heal their relationships with each other and grow closer to God.

“Let my heart be broken with the things that break the heart of God.” Bob Pierce wrote those words in his Bible after visiting suffering children on the Korean island of Koje-do. His experience inspired him to found and lead Samaritan’s Purse in 1970 “to meet emergency needs in crisis areas through existing evangelical mission agencies and national churches.”

Franklin Graham came on board Samaritan’s Purse in 1974 and when Pierce died in 1979, Graham became the president. He brought the organization to Alaska, where it has responded to the needs of rural Alaskans. The group was active in the recovery of Eagle, Alaska, after the Yukon River flooded the town in 2009.

Samaritan’s Purse has built churches, community centers, and homes in rural Alaska. In 2007, it built a youth center in Hooper Bay, helping the community recover after a devastating fire of 2006. Other communities served have been Galena, Marshall, Nunapitchuk, and Togiak.

“I thank God for all He has done through Samaritan’s Purse over the past 50 years. Through His grace, we have been able to respond to emergencies worldwide to save lives, relieve suffering, and share the hope of the Gospel. To God be the glory,” said Franklin Graham.

Several Alaskans and former Alaskans have worked at Samaritan’s Purse, and the group maintains a hangar and cargo airplanes in Soldotna.

Red flag law could have social workers, counselors gunning for Alaskans’ guns

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Democrats in the Alaska House of Representatives plan to put counselors, social workers, and even someone with a master’s degree in psychology into the center of laws involving gun confiscation for people that are thought to be dangerous.

Under HB 62, professionals in the helping fields would be required to report to a central state registry all credible gun threats made by Alaskans, even if that information is not corroborated.

It’s called a “red flag” law and it gives select professions remarkable power over citizens’ right to own firearms because, although the registry is supposed to be confidential, these professionals will be developing lists of people they think pose a danger and who own guns.

Social workers in charge of reporting on gun possession?

According to the proposed statute, yes. That is one of the more disturbing aspects of this proposed legislation, critics say, since social workers are, by their own definition, political actors and they oppose guns, generally.

“Social work is intrinsically political by virtue of the fact that it is concerned with social change and a quest for social justice,” according to a paper published in the SocialWorkHelper, a publication of the International Journal of Social Welfare.

[Read: Political participation of social workers, a comparative study]

A review of the field’s academic literature reveals that the social work profession is largely anti-Second Amendment and that social workers are continuously instructed by their peers to advocate for gun control.

The proponents of the red flag law also want law enforcement officers to be able to petition a court for a “gun violence protective order,” which would allow them to take guns away from people if they deem them to be “in crisis.”

Critics say there is no due process in red flag laws, and that makes them unconstitutional. Studies show that across the country, when a judge is approached by law enforcement to get an order that allows them to go into a person’s home and seize their guns, they often succeed in getting that order. But when the citizen shows up for the court hearing, those attempts to take their guns are more likely to fail.

What seems sensible in the laboratory of law doesn’t always work out in the real world, where the rationale used for gun confiscation may be a slippery slope, Second Amendment defenders say.

“The Democratic Party’s hard lurch to the left in recent years raises troubling questions about its approach to such questions. On campuses today, it is common to assert that ‘hate speech’ is akin to violence and, on the left, that the mere expression of conservative political ideas constitutes such ‘hate speech,'” wrote Jim DeMint, former senator of South Carolina. If hate speech is now considered violence, then what is the speed at which mere gun ownership will be considered a violent tendency?

The red flag laws are rushing toward passage across the country. If passed, Alaska would be one of 12 states to enact a red-flag law since the shooting at the school in Parkland, Fla. on Feb. 14, 2018 — one state every two months has enacted a red-flag law since that incident.. There are 17 states plus the District of Columbia that have an “extreme risk” law, such as is being proposed for Alaska.

Connecticut was the first state to pass a red flag law, after a mass shooting at the Connecticut State Lottery in 1999. Thirteen years later, the Sandy Hook Elementary School shooting happened in Connecticut, with 26 people killed, in spite of the law.

Connecticut’s law allows only law enforcement to petition for a gun’s removal, and the law has been used more than 1,500 times since its passage — more than once a week.

Not all law enforcement officers are on board with the red flag movement. Colorado’s legislature passed a red flag law that took effect Jan. 1, but several Colorado sheriffs are on the record to say they will not enforce the law in their counties. In December, opponents of the law held a “We Will Not Comply” rally at the state Capitol in Denver.

In Oregon, the red flag law is also applied with variability. In conservative parts of the state where ranchers and farmers dwell, peace officers have ignored the law, while in the more Democrat-controlled and urban parts of the state, petitions to take guns away from Oregonians have been used 166 times in two years since the law was enacted.

House Bill 62 is sponsored by Democrats Rep. Geran Tarr, Harriet Drummond, and Andy Josephson. The NRA rates them 64 percent, 21 percent and 36 percent respectively on Second Amendment issues.

The bill is in House Judiciary, which is chaired by Rep. Matt Claman, rated 43 percent by the NRA.

JP Morgan Chase to stop lending for Arctic oil

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The Washington Post reported that JP Morgan Chase will stop lending to companies doing oil exploration or drilling above the Arctic Circle. That would include all companies that work in Alaska’s oil patch.

The decision is due to pressure from climate change organizations and because the bank leadership believes that the Arctic is particularly vulnerable to climate change.

The bank is also phasing out investment in coal, it announced Monday.

The move follows the lead of Goldman Sachs, which announced it will not lend to companies engaged in oil extraction in the Arctic.

An analyst at the investment firm Raymond James told the newspaper that loans to Arctic projects are rare, and the move has little practical value.

“Oil and gas activity in the Arctic is so slim anyway that lending for such activity is essentially meaningless,” analyst Pavel Molchanov told the newspaper.

Reuters reports that details of the oil-and-coal phase out plan will be rolled out on Tuesday at an investor conference along with a climate change initiative that sets up a $200 billion fund to finance sustainable projects.