Wednesday, July 9, 2025
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Breaking: Senate confirms Josh Kindred for U.S. District judge, 134th judge confirmed

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Joshua M. Kindred of Anchorage was confirmed this morning by the U.S. Senate as the United States District Judge for the District of Alaska.

On a vote of 54-41, the Senate confirmed Kindred on near party line vote on Wednesday. Two Democrats — Sens. Joe Manchin and Kyrsten Sinema — voted to confirm him.

Kindred is 134th District Court judge confirmed by Senate during Donald Trump’s presidency.

Kindred is the son-in-law of Pam Birch and the late State Sen. Chris Birch.

He received a low rating on a poll of the Alaska Bar Association. Trump’s first choice, Jon Katchen, withdrew his name after scoring low on the bar poll. Kindred scored even lower. The Alaska Bar Association is dominated by liberal lawyers.

[Read: Alaska Bar Association leans Democrat, according to study]

Kindred had worked in the District Attorney’s office in Anchorage, and for the Alaska Oil and Gas Association, a trade group. Most recently, he has been the Department of Interior’s Regional Solicitor for Alaska.

Kindred was born in Goldsboro, N.C. He earned his bachelor’s degree from the University of Alaska Anchorage in 2002 and his law degree from Willamette University College of Law, where he served as editor-in-chief of the Willamette Law Review.

[Read: Josh Kindred heads to full Senate vote on judicial appointment]

The selection of more conservative judges has been a hallmark accomplishment for President Trump. But the appointments must make it through the Senate. Supreme Court Justice Neil Gorsuch was confirmed on a 54–45 vote, and Supreme Court Justice Brett Kavanaugh was confirmed, 50-48.

As of February 12, 2020, the United States Senate confirmed 193 “Article III” judges nominated by President Trump, including two for the Supreme Court, 51 for the United States Courts of Appeals, 137 judges for the United States District Courts, and two judges for the United States Court of International Trade.

Three other U.S. District Court judges were also confirmed by the Senate today for New York, Missouri, and Illinois.

Sanders leads pack, Biden limps off to South Carolina

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TRUMP SURPASSES FOUR DECADES OF INCUMBENT VOTES IN N.H.

Has the field narrowed? Three strong Democrats are emerging out of the New Hampshire Democrat primary: Bernie Sanders, Pete Buttigieg, and Amy Klobuchar.

Joe Biden and Elizabeth Warren, the two leading candidates for many months, are fading fast, while Klobuchar appears to be a rising star.

“Feeling the Bern,” Biden had left New Hampshire for South Carolina before polls even closed to try to shore up his campaign, which appears to be on the rocks after a fourth place finish in Iowa, and a fifth place in New Hampshire.

Biden canceled his appearance at his own campaign party in Nashua, N.H. Neither he nor Elizabeth Warren came away with any delegates from New Hampshire.

South Carolina is next in the primary process, after the Nevada Caucus, and it’s where failing campaigns go to die, as supporters of Jeb Bush in 2016 will recall.

While polls were not closed in New Hampshire, Biden jumped ahead to South Carolina.

Sanders was cruising to an easy victory on Tuesday night, but as the night wore on, Pete Buttigieg started nipping at his heels. Unofficial results are giving Sanders and Buttigieg eight and six delegates each, respectively, and Amy Klobuchar will likely be awarded six delegates.

Red lantern candidates Michael Bennet and Andrew Yang dropped out before the night was over.

At the 10:30 pm mark, the Democrat field had brought in nearly 232,000 votes, with nearly 79 percent of the Democrat votes counted.

Meanwhile, on the Republican side, President Donald Trump was winning 85 percent of the Republican votes cast.

The Republican field was limited to Trump, Bill Weld, and “other” candidates. Trump had over 98,000 votes after 10:30 pm Eastern time.

There are 22 delegates for the Republicans. Trump has 19 of the bound delegates so far. Only Bill Weld stood a chance of getting any delegates; he must cross the 10 percent threshold and was far short after 10:30 pm Eastern time.

HOW IT COMPARES TO 2016

Bernie Sanders also won the New Hampshire primary in 2016, defeating Hillary Clinton by 22 points, 152,193 to 95,355 votes. She went on to become the nominee for the party, however.

In 2016, Donald Trump won New Hampshire’s Republican primary in a crowded field. He took 100,735, while John Kasich got 44,932 and Ted Cruz won 33,244. Jeb Bush, Marco Rubio, and Chris Christie were 31,341, 30,071, and 21,089, respectively.

It appears that Trump will surpass the number of votes that he received in 2016 during the New Hampshire primary, while Sanders, facing a more diverse field, will bring in fewer votes than four years ago, and barely 26 percent of the overall Democrat vote.

Update: At 11 pm Eastern time, Trump surpassed his votes in 2016 with almost 105,000 votes and 93 percent of the vote counted.

With 70% of precincts results in at 10:30 pm, Trump had surpassed the New Hampshire primary vote total of every incumbent president running for re-election over the last four decades.

Trump also broke his own Southern New Hampshire University Arena attendance record, with an estimated 11,800 crowding the stadium at Monday’s rally. Another estimated 2,000-3,000 could not get in.

Pew Research says climate change is low voter concern

THE ANCHORAGE DAILY PLANET

Something to think about as politicians on the Left line up to push their fixes for climate change: A Pew Research survey concludes the issue ranks near the bottom of the list of American concerns.

In fact, it ranked 17th of 18 on the list concerns in 2019. Moreover, it has ranked at the bottom or near the bottom since 2014.

What was at the top of the list? The economy, followed by healthcare costs and education, as you might expect. Climate change even ranked below “improving the country’s roads, bridges and public transportation systems.”

Does that mean climate change is not causing concerns? In Alaska, we know it is, but across the nation the concern is not the top worry.

Fear is a powerful political tool and the notion of havoc caused by climate change plays into the hands of those who would upend the American economy with programs such “The Green New Deal,” which is little more than a ploy to redistribute wealth and political power.

When a politician suggests we “need to do something” about climate change, we should ask why he or she is not more concerned about out real worries.

Read the Anchorage Daily Planet at this link.

Sen. Sullivan: Port of Alaska awarded $20 million grant

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Sen. Dan Sullivan today announced the U.S. Department of Transportation has awarded the Port of Alaska a $20 million grant for infrastructure. It’s a patch for a project that has eaten up hundreds of millions of dollars in the past decade to get ahead of failing docks and pilings.

Since September, the port has received $45 million in federal grants to upgrade its aging infrastructure and help pay for a new fuel and cement terminal, Sullivan’s office said.

Sullivan noted that the port, where fuel, food, and construction materials arrives for most of Alaska, is in dire straits due to its corroding supports. About 2,400 shipping containers are unloaded at the port each week. Built in the late 1950s, the docks are reaching the end of their lifespan and have been patched together to withstand tides, salt corrosion, and earthquakes. The port is undertaking a modernization project to upgrade the infrastructure, which will also allow for deeper-draft cargo ships.

“I want to thank Secretary Chao for recognizing the dire state of one of Alaska’s most important pieces of infrastructure and heeding the call of Alaskans by approving this much-needed PIDP grant,” said Sen. Sullivan. “The Port of Alaska not only serves the most basic needs of a broad swath of Alaskans – including fuel, food, construction materials, and other goods – but also America’s security interests as an Arctic nation. The Port of Alaska is the only Department of Defense strategic seaport near the Arctic—a fact we cannot overlook as sea ice recedes, traffic accelerates and our country’s adversaries, particularly Russia, grow their maritime capabilities in the region. This grant will help restore the Port of Alaska’s status as a safe, cost-effective, reliable and resilient piece of infrastructure.”

Sullivan brought Secretary of Transportation Elaine Chao to Alaska to meet with Port Director Stephen Ribuffo in 2017. Since taking office, Sullivan has made the port a priority of his office, convening agency leaders over the past four years to educate them about the strategic nature of the port, as well as its importance to the state economy as a whole.

A port expansion that has spent more than $300 million ground to a halt in 2010 after it was discovered that the port pilings were seriously damaged and their load-bearing capacity was compromised. The port has been spending millions of dollars each year to surround the old pilings with new metal jackets, but those, too, have a limited lifespan, and only half of the pilings have been encased.

The overall cost of bringing the decrepit port up to grade could be $2 billion, according to a contractor’s estimate in 2018.

TARIFFS UP FOR FUEL, CEMENT

The Municipality of Anchorage in 2019 approved tariff increases on commodities coming through the port. Those tariffs were implemented Jan. 1, 2020. On fuel, the tariff will rise up between 4 and 5 cents every year through 2029, when the tariff will be 56.3 cents per barrel. Cement will also rise to reach $5.72 cents per ton by 2029.

The tariff increase is earmarked to pay for a $200 million petroleum and cement terminal.

Native village leaders push back on anti-Pebble push by Native Congress president

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The Pebble Project is nothing if not controversial. Even among Native tribes in the region where the copper and gold mining venture is being considered.

In January, several Northwest tribes signed a “Bristol Bay Proclamation” demanding that the U.S. government halt the permitting process for the Pebble Mine in Southwest Alaska.

Also signing the proclamation was Fawn Sharp, who is the president of the National Congress of American Indians.

Now, a letter from another group of Alaska tribes says they are actually supportive of the permitting process. Their letter, sent to President Sharp, objected to the proclamation opposing mineral development near their lands, and asked for consultation in the future before she takes such a stance.

“We want you to know of our sincere disappointment and frustration that you have chosen to engage in the Pebble issue without the
courtesy of contacting us,” wrote Brad Angasan, on behalf of Alaska Peninsula Corporation and Lisa Reimer, on behalf of Iliamna Natives Limited.

“Apparently, you have taken information provided to you by others from our region who do not speak for those of us in communities closest to the proposed Pebble Project.

“For years, we have fought to have our voices heard in the debate about whether or not a mine a Pebble should be allowed to proceed through the permitting process and for years we have had to put up with organizations from outside Alaska taking positions without affording us the basic courtesy of hearing our views about this issue,” the tribal leaders wrote.

“The fact that our colleagues in the indigenous community would take an action against us without consultation is particularly disappointing. We have been engaged in the Pebble issue for nearly fifteen years. We have concerns about a mine near our communities, yet we also have concerns about the significant lack of economic opportunity for our people. We have put up with so-called regional and tribal organizations that tell the world that they speak with a united voice on the Pebble issue. Let us be clear – this is simply not the case,” the letter continued.

The letter acknowledges the permitting process has not been perfect, but also notes the people of the region have benefited from the exploration and environmental studies, and many have worked for the project or subcontractors to the project. That economic development is a welcome opportunity for their communities, where there are few jobs.

“We have taken it upon ourselves to learn about mining and to be informed about the range of issues we should be focusing our attention upon. We are participating in the federal NEPA review process to learn and to be heard. We want to know if a mine can be developed while protecting the salmon and subsistence resources that are important to our people. We also want a seat at the table with the proponent to ensure our voices are heard,” the tribes wrote.

“The economic and infrastructure opportunities generated by a mine at Pebble could be life changing for many in our communities. We have very few year-round job opportunities in our communities.

“Most do not participate in the commercial fishing industry that largely benefits coastal communities in other parts of our region. The cost of living in our communities is staggeringly high. We cannot afford to let an opportunity like Pebble pass us by without fully evaluating it. To do anything less would be irresponsible,”

The letter requests the president of NCAI to contact the tribal leaders and consult with them in the future before signing proclamations that impact their land and their economy.

NCAI is in the middle of its winter meeting in Washington, D.C. Among speakers on the agenda are Tara Sweeney, head of Bureau of Indian Affairs, and Congressman Don Young.

Pompeo to governors: China looking for suckers; don’t compromise the homeland

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ALASKA FORMER GOVERNOR ON LIST OF ‘FRIENDLIES’ TO CHINA?

Secretary of State Mike Pompeo told the National Governors Association on Saturday that China is looking to infiltrate the states, and will work insidiously to undermine American values.

Pompeo was one of the keynote speakers at the association’s winter meeting in Washington, D.C. He warned the governors that when they consider allowing Communist China to invest in their states, caution is advised.

Pompeo referred to a letter from a Chinese diplomat in the United States to the Speaker of the House of a state legislature that he refrained from naming, advising that legislator to refrain from any interaction with Taiwan that did not go through Beijing.

“You add a diplomat from China, assigned here to the United States, a representative of the Chinese Communist Party, in New York City, sending a letter urging that an American elected official shouldn’t exercise his right to freedom of speech,” Pompeo said.

He also warned that China has a list of governors considered to be friendly to the Chinese government, and he inferred that he had seen the list.

That list might have once included former Alaska Gov. Bill Walker, who brought Alaska to the brink of having China take control the proposed gasline from the North Slope to Nikiski, with his sets of agreements that would have placed Chinese lenders, banks, and gasline construction companies in the driver’s seat, and Alaska’s government in debt to the Chinese by tens of billions of dollars.

Walker signed that agreements in 2017, but he was voted out of office in 2018 before the deal came to fruition.

Before he was removed from office, Walker made one more trip to China to take part in the fourth annual China-U.S. Governors Forum.

Walker was the leader of the U.S. delegation of governors, and can be considered on the list of “friendlies” that the Chinese government kept.

Gov. Bill Walker led the U.S. delegation of governors to China in 2018.

“We can’t ignore China’s actions and strategic intentions,” Pompeo said Saturday. “The Chinese government has been methodical in the way it’s analyzed our system… it’s assessed our vulnerabilities and it’s decided to exploit our freedoms, to gain an advantage over us at the federal level, the state level and the local level.”

“Competition with China is happening. It’s happening in your state, and it affects our capacity to perform America’s vital national security functions. In fact, I’d be surprised if most of you in the audience had not been lobbied by the Chinese Communist Party directly.”

“In the words of President Reagan, when you are approached for introduction or a connection to a deal, ‘trust but verify,'” Pompeo said.

“Whether you are viewed by the [Communist Party] as friendly or hardline, know that it’s working you, know that it’s working the team around you,” he said.

“They’ve labeled each of you friendly, hardline or ambiguous. I’ll let you decide where you think you belong. Someone in China already has. Many of you indeed, in the report are referenced by name.” – Secretary of State Mike Pompeo

Pompeo singled out Florida, saying its state retirement system had invested in a company that invested in a surveillance company that Chinese Communists use to track more than one million Muslim minorities in their country. That is the kind of threat that can even put U.S. military personnel at risk, he said.

Pompeo’s remarks came just 48 hours before the U.S. Department of Justice announced it had discovered the party responsible for the 2017 hacking of credit monitoring company Equifax: The Chinese military. A grand jury in Atlanta has indicted four members of the Chinese military, although they will likely never be brought to justice for the security breach that stole millions of Social Security numbers and other sensitive personal information from Americans. 

New study shows Democrats dominate Alaska Bar Assn.

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PATH TO JUDGESHIPS RUNS THROUGH LIBERAL TRADE ASSOCIATION

The Alaska Family Council has released a study that reveals the political leanings of members of the Alaska Bar Association, which is the professional organization that has an oversized role in the choosing of Alaska’s judges.

According to the report just released by the organization, of all ABA members, Democrats outnumber Republicans by a wide margin – 27.48% to 15.85%. 

“That’s polar opposite of voters in Alaska, where Republicans outnumber Democrats by nearly 2-to-1 (24.25% to 12.83%),” said Jim Minnery, president of the conservative values-oriented organization.

“When liberals have the power to select our judges, the public is stuck with the decisions of liberal judges,” he said.

The report comes two days before Alaska Supreme Court Chief Justice Joel Bolger delivers his annual “State of the Judiciary” address to a joint session of the Legislature.

Minnery wrote that Justice Bolger may brush off his talking points from remarks he gave to October’s Alaska Federation of Natives convention, where he warned about “attacks on judicial independence.”

“That would be ironic, because for decades, activist judges in Alaska have waged a war against the legislative and executive branches of government. In case after case, these lawyers in black robes have trampled on the constitutional authority of lawmakers who obtain consent to govern us by winning an election,” Minnery said.

Alaska lawyers rise to the bench after being nominated by the Alaska Judicial Council, whose membership is made up of a majority of bar association members. As a part of the Judicial Council’s vetting process, members of the bar are asked to offer their opinion of the applicants.

“Not surprisingly, there’s a long track record of conservative lawyers receiving lousy scores on the Bar survey,” Minnery noted.

Not all lawyers are associated with a party, but for typically Undeclareds vote more conservatively and nonpartisans vote for more liberal candidates.

Nonpartisan voters make up 14.45 percent of the electorate in Alaska, but make up over 24 percent of attorneys.

Read the Alaska Family Council report at this link.

Coronavirus shrivels market for geoducks from SE Alaska

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CHINA CONSIDERS THEM A DELICACY

From Sitka south to Oregon, geoduck divers are hanging out in coffee shops instead of diving for giant clams.

The market for geoducks, those spectacular squirting shellfish, is dead in the water in the Northwest because the main consumers for the clams are in Hong Kong and China, where geoducks (pronounced gooey-duck) are considered a delicacy.

The issue is that 90 percent of geoducks are shipped live because they can fetch $30 a pound live, and due to the outbreak of the coronavirus, there is no guarantee that ports will be open in Asia to receive a live product.

No harvester wants to risk the investment and have the clams die while waiting for a longshoreman, who may be quarantined in a moment’s notice.

Already, the coronavirus has disrupted the global shipping industry. Some shipping lines have been rerouted, and many are reducing the number of calls to Chinese ports, which is disrupting the supply chain for many industries. While many of think of the popular consumer items such as cars and electronics, the little geoduck industry has already been hit.

There are only a handful of geoduck divers in Alaska, where the giant clam has been endangered by an overpopulation of ambitious sea otters, and where the dive fishery is highly regulated to test for paralytic shellfish poisoning (PSP).

The average size of recreationally caught geoducks on public beaches in Puget Sound, Wash. is 2.47 pounds, according to Washington Department of Fish and Wildlife. One bivalve beauty weighed in at over 8 pounds in the year 2000 and commercial harvesters have reported them even larger. Geoducks reach their maximum size in about 15 years and live as long as 168 years, according to WDF&W.

Washington State geoduck harvesting.

In 2015, it was a $74 million export industry for the state of Washington.

In Alaska, where the water is colder, it takes geoducks longer to put on weight. Alaska’s geoduck harvest is at about 400,000 pounds, and main harvest areas are Ketchikan’s Gravina Island, Craig, Metlakatla, Wrangell, and Symond’s Bay near Sitka. Geoducks have been harvested in Kodiak, as well.

In Washington and Oregon, the geoduck divers have all been laid off for now, according to Must Read Alaska industry sources. In Southeast Alaska, the divers say they are digging for sofa change instead of diving for geoducks. At least for now.

Sen. Giessel cross-sponsors HB 96, subsidizing Alaska Pioneer Home rates

Senate President Cathy Giessel of Anchorage is the lone Republican senator to sign as a cosponsor of a bill lowering the rates at the Alaska Pioneer Homes.

House Bill 96 would put the retirement home rates in statute, rather than allowing the State to establish rates via regulation.

The Alaska Pioneers Homes, with about 500 residents in all, are unique to Alaska. They began in 1913 with the original site in Sitka established for indigent elderly miners and loggers. The home was a converted U.S. Marine Corps barrack.

In the mid-1950s, women and Alaska Natives became eligible for admission. During Alaska’s oil boom, another five homes were built around the state. Meanwhile, Natives generally seek elder care at Native-owned facilities, and costs of caring for the elderly rose.

Alaska’s Pioneer Homes are some of the least expensive elder-care facilities in the nation, heavily subsidized by the State of Alaska for a small clientele of often-well-to-do Alaskans whose offspring object to the rate increase; they don’t want to lose their anticipated inheritance to the care facilities to pay for the care of their elderly parents. The Anchorage home is where former Gov. Wally Hickel breathed his final breath, cared for in the memory care unit.

The average age of residents at the Pioneer Homes is 87 and more than 58 percent of them require higher levels of care. More and more are asking to be admitted to the memory care “neighborhoods” for Alzheimer’s and dementia.

Sen. Giessel’s mother is a resident of one of the Pioneer Homes, an apparent conflict of interest, although not illegal.

In Fiscal Year 2019, Alaska subsidized Pioneer Home residents with $34,592,000 in state funds.

Sponsored by Anchorage Democrat Rep. Zack Fields, House Bill 96 passed the House, 35-4 in May and will be heard next in the Senate Health and Social Services Committee on Wednesday at 1:30 pm.

The new law would prohibit the state from charging for the actual cost of caring for the homes’ residents and instead would establish, in statute, the following rates:

  • $2,976 a month for housing, meals, emergency assistance, and recreation
  • $5,396 a month for housing, meals, emergency assistance, medication administration, health-related services, recreation, and intermittent assistance with activities of daily living.
  • $7,814 a month for the provision of housing, meals, emergency 29 assistance, medication administration, health-related services, recreation, and extensive assistance with activities of daily living;
  • $8,500 a month for the provision of housing, meals, emergency 01 assistance, medication administration, medication management, health-related services, recreation, assistance with activities of daily living and nursing services for 24 hours a day, and intermittent behavior management.

HB 96 not only rolls back the rate structure, it provides for what is called “reasonable and regular rate increases” based on Social Security cost-of-living schedules. The cost-of-living rate set by Social Security was one third of one percent in 2017.

The state Pioneer Home Assistance Program has $25 million in it to assist those who cannot afford the new rates. In the past, the residents have covered about 44 percent of the cost of their care, with state funds picking up the rest.

Giessel joined Senators Scott Kawasaki, Bill Wielechowski, Donny Olson, Tom Begich, Elvi Gray-Jackson, and Jessie Kiehl as cross sponsors.

In November, a pair of attorneys filed a lawsuit against the Dunleavy Administration over the rate increases. Vance Sanders and Libby Bakalar have asked the courts to stop the rate increases, and they are asking that the State pay their legal fees associated with the case, which they are requesting to be accepted by the court as a class-action lawsuit.