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Joe Biden picks up big endorsement — Michael Avenatti

Suzanne Downing
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Joe Biden picks up big endorsement — Michael Avenatti

Former Vice President Joe Biden announced his 2020 bid for president on Thursday morning.  He can already count on one vote: disgraced celebrity lawyer Michael Avenatti.

“I am extremely happy that @JoeBiden has decided to enter the race. He offers Dems the very best chance in 2020, especially in key states. He has the fight, intelligence and fortitude to beat Trump and begin to make America, America again. He has my enthusiastic support,” Avenatti posted on Twitter.

Avenatti represented adult film actress Stormy Daniels in a lawsuit against President Donald Trump over a “hush money” agreement they had regarding a sexual relationship he was trying to keep quiet. The president rejects the allegations and his lawyers are suing Daniels.

In March, Avenatti was arrested in New York City on charges of trying to extort up to $25 million from Nike Corp.

Biden is at the head of the pack of dozens of Democrats vying for the opportunity to knock off Trump in 2020. Morning Consult and Politico released a poll on Wednesday showing that, as of now, Biden could beat Trump.

Murkowski tours DMZ in Korea, visits Vietnam

Suzanne Downing
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Murkowski tours DMZ in Korea, visits Vietnam

Sen. Lisa Murkowski has returned from a trip to South Korea and Vietnam with Senate members, where she visited the Demilitarized Zone, discussed energy related issues, and focused on topics including trade and the U.S. relationship with North Korea.

“North Korea remains one of the country’s primary security threats. This opportunity to visit South Korea, see the DMZ, and get briefed on the recent events happening in the region was an invaluable way to learn directly from the soldiers carrying out their mission,” Murkowski said.

“The important work that USAID and its NGO partners are doing in Vietnam, including dioxin remediation and disposing of unexploded ordnance, helps to build our relationship with that country. Vietnam is also an important trading partner, and strengthening these ties helps our country, particularly Alaska, on both the economic and security fronts by countering China’s influence in the region,” she said.

The congressional delegation trip included Senators Patrick Leahy (D-VT), Debbie Stabenow (D-MI), Sheldon Whitehouse (D-RI), Rob Portman (R-OH), Mazie Hirono (D-HI), Tim Kaine (D-VA), Tom Udall (D-NM), and Tammy Baldwin (D-WI).

In South Korea, Murkowski toured the DMZ, including the Joint Security Area. Murkowski met with the U.S. Ambassador to South Korea Harry Harrison and U.S. and Swiss military officials to discuss the U.S.-North Korea relationship, ongoing military relationships, and energy production.

In Vietnam, she discussed energy, trade, legacy of war, and other issues with Ho Chi Minh City Party Secretary Nguyen Thien Nhan. Murkowski met with other top government officials as well as with representatives from non-governmental organizations involved with the disposal of unexploded ordnance to discuss clean-up options.  

Murkowski toured the United Nations Educational, Scientific and Cultural Organization World Heritage Site at the Hue Citadel, which was a key battle during the 1968 Tet Offensive.

Murkowski attended the ribbon cutting event for dioxin remediation at Bien Hoa Air Base, the largest project of its kind that will reclaim lands contaminated during the Vietnam War. She also witnessed the signing of a memorandum of intent between the U.S. Agency for International Development and the Vietnamese government, which will focus on supporting health and disability programs for people with disabilities due to Agent Orange exposure.

Anchorage Assembly passes 2019 budget revision: Another $5.7 million

Suzanne Downing
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Anchorage Assembly passes 2019 budget revision: Another $5.7 million

DYSON, KENNEDY DISSENT ON TAX-SPEND PLAN

The Anchorage Assembly on Tuesday passed the first quarter revisions to the 2019 budget approved in November.

It’s an increase of $5.7 million to the tax base, due to higher costs and revenue that fell short of projections made when the original budget passed.

The preliminary budget is passed in November before the city actually has all of the data. The first quarter adjustment is typical, after better numbers are in.

The main cost drivers for the 2019 budget increases were labor, health care, and police and fire retirement systems. New costs included in this adjustment include the new voter-approved bonds (operation and maintenance related costs), some workers compensation settlements, and other litigation settlements.

Revenues did not materialize to the level hoped for and aren’t expected to increase for this budget cycle. Those items are the state revenue sharing, tobacco tax income, slower federal Medicaid (ambulance) reimbursements, and lower utilities revenues.
Although the quarterly adjustment was lower than any of the last five years, it increases the tax burden. All of the increases are considered allowable under the tax cap requirements but the adjustment inches up the taxes allowed to be collected under the tax cap. That higher level becomes the base the municipality will start at for the 2020 budget. In other words, property taxpayers can expect their tax bills to be even higher next year.
If Anchorage ends up paying the unfunded bond debt reimbursements Anchorage will add an additional $180 tax per $100,000 of property value, which for the average house is well over $500 more in property taxes.

Property taxes have already risen year over year by five percent. For every $100,000 in value, owners now pay nearly $880 in property taxes to the municipality for services and another $700 per year for schools.

Anchorage’s mill rate of 16.4 is the second highest in Alaska, according to Connie Yoshimura at Dwell Realty. “Only Fairbanks has a higher mill rate of 19.8. In Anchorage the tax on a $350,000 home is $5,740 and $8,200 on a $500,000 home, excluding any exemptions entitled to the property owner. In Fairbanks, those same home values would be taxed at $6,930 and $9,900,”  she wrote.

Source: Dwell Realty

Of course, if Gov. Michael Dunleavy gets his way, every man, woman, and child in Alaska will be receiving a $3,000 Permanent Fund dividend, enough to pay for those local property tax, school bond increases, and then some.

Assembly members Crystal Kennedy and Fred Dyson were the only two who voted against the budget adjustment. While campaigning for Assembly, Kennedy said she heard time and again from people that they were paying all the taxes they could afford.

“This absolutely raises the tax burden on property owners. And another thing that really concerns me is that this pushes up the level to a point where we start at a higher level next year with the taxes,” she said.

Union organizers impersonate Labor Department inspectors?

Suzanne Downing
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Union organizers impersonate Labor Department inspectors?

ONE IS A FORMER CANDIDATE FOR HOUSE

Early Wednesday, a report was filed with the Anchorage Police Department stating that two men entered a midtown job site and presented themselves as Department of Labor employees who were there to do an inspection involving wage and hours.

The job site was the commercial building that houses the Anchorage Legislative Information Office, at 1500 Benson Blvd.

The company doing the work on the building was Bauer Construction. Bauer Construction filed the report at 7:50 am Wednesday.

The two imposters? They were identified in the report as Chris Dimond and Dustin Swatek, both organizers with the Pacific Northwest Regional Council of Carpenters.

According to the police report, Dimond and Swatek entered the job site and identified themselves to the superintendent as officials from the Department of Labor.

While touring the site, they managed to pull private information from one of the employees, including his name, phone number, job title, and the wage he was being paid.

The company superintendent had his doubts, however. The two didn’t act like state Department of Labor employees. One of them had a hardhat with a Neeser Construction sticker on it. Swatek is a former carpenter with Neeser.

When pressed, Swatek admitted that he worked for the union, but said that Dimond worked for the Department of Labor.

The men were asked for further identification; Swatek provided a business card right before he left the parking lot in his vehicle that had no State of Alaska identification. Dimond walked off the premises.

Dimond was a candidate for office in Juneau in 2018, when he ran for the House seat for downtown Juneau that was vacated by former Rep. Sam Kito III. Dimond ran as an undeclared candidate and lost to Democrat Rep. Sara Hannan.

Alaska Statute 11.56.830 says it’s a criminal offense if a “person commits the crime of impersonating a public servant if the person pretends to be a public servant and does any act in that capacity.” It’s a second degree, Class B misdemeanor.

CYA? Spohnholz attacks character of citizen Karl Johnstone — again

Suzanne Downing
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CYA? Spohnholz attacks character of citizen Karl Johnstone — again

Rep. Ivy Spohnholz doubled down today. She attacked the reputation of former Board of Fish Chairman Karl Johnstone, saying he “does not have the character” to serve on the Board of Fish.

Her comments came on the floor of the House on Wednesday, as she admitted that she had heard a lot of feedback about the shocking and unsourced accusations she had made against Johnstone in joint session with the Senate last week.

Just before the vote on his confirmation to the Board of Fish, Spohnholz had risen to speak last week and said that “more than two” women had sent her notes about his behavior, which she described vaguely as making them uncomfortable. When the vote was taken, Johnstone lost.

The point she was discussing today, a full week later after her first character attack on Johnstone, was under the topic she described as “Due Process.”

She said she supports a process for executive sessions in legislative committees, using Uniform Rule 22(b)2, so people would be able to make private attacks against others without revealing their names.

“People who have concerns could maintain confidentiality,” she said. Spohnholz also said she stood by her actions, but she wants to be “part of the solution.”

“We have to make decisions based on the best available information at the time. I stand  by  the actions I did,” Spohnholz said, referring to her unfounded accusation last week.

“Legitimate concerns about due process have been raised,” she said. “I share those concerns.”

She then proposed a working group to create a process for what effectively would be secret sessions in the Legislature.

“We don’t have that process currently,” she said.

Alaskans who serve on boards and commissions do so as volunteers. They may receive modest per diems to cover meeting days in some circumstances, but their service is unpaid.

[Read: What Ivy Spohnholz did to me, she can do to anyone]

Fairbanks OK’s cannabis cafes

Suzanne Downing
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Fairbanks OK’s cannabis cafes

A WRAP-UP OF LEGISLATION PENDING AROUND THE COUNTRY

The Fairbanks City Council has approved an ordinance reversing a previous ordinance banning on-site cannabis consumption.

The council vote was 4-to-2 with Jerry Cleworth and June Rogers voting against the ordinance, while David Pruhs, Valerie Therrien,  Shoshana Kun, and Kathryn Ottersten, favored it. Cleworth said he would have preferred the matter go before the voters.

The ordinance came in response to new regulations by the Marijuana Control Board that have finalized allowing on-site consumption, and the sideboards that will govern it.

Alaska is the first state to legalize on-site consumption options after legalizing commercial cannabis trade via a voter initiative. The law took effect in 2015, and regulations have been rolling out ever since, with local jurisdictions needing to respond to how much cannabis trade they’ll allow in their communities.

Around the country, state legislatures are considering multiple bills that will decriminalize, add on-site consumption, revise taxes on pot, and even expunge the criminal records of people convicted for pot possession.

An updated list of pending legislation from the National Organization for the reform of Marijuana Laws:

Alabama

Legislation is pending, House Bill 96 / Senate Bill 98, to decriminalize the possession of small amounts of marijuana.

The measure would reduce the penalty for the possession of one ounce of marijuana from a criminal misdemeanor, punishable by up to one year in prison and a maximum fine of $6,000, to a non-criminal violation punishable by a maximum fine of $250.

Update: SB 98 was unanimously approved by the Senate Judiciary Committee on 4/17/18.

California

Legislation is pending, AB 286, to temporarily reduce tax rates imposed on the retail sale and commercial cultivation of cannabis.

Update: AB 286 was scheduled for a hearing in the Assembly Business And Professions Committee on 4/23/19

Senate Bill 34, which would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions.

Update: SB 34 was scheduled for a hearing in the Senate Appropriations Committee on 4/22/19.

AB 1465 (Bloom) would allow licensing of cannabis consumption cafés and lounges in California.

Update: Ab 1465 was scheduled for a hearing in the Assembly Business And Professions Committee on 4/23/19.

SB 51 seeks to assist financial institutions in safely conducting transactions with licensed cannabis businesses.

Update: SB 51 is scheduled for a hearing in the Senate Governance and Finance Committee on 4/24/19.

Colorado

Legislation is pending, House Bill 19-1230, to allow the social consumption of cannabis by adults in licensed and regulated establishments.

The measure would establish a license permit process for hospitality spaces to allow cannabis products to be legally purchased and consumed on site.

Update: HB 19-1230 was approved by the House Committee on Appropriations on 4/16/19, and was then approved by the House of Representatives on 4/18. The bill now heads to the Senate.

Legislation is pending, House Bill 19-1234, to allow licensed marijuana businesses to deliver both medical and adult use marijuana to private residences.

The measure would establish a licensing system for such delivery services and also require training for delivery permit holders.

Update: HB 19-1234 was approved by the House Committee on Appropriations on 4/16/19. and was then approved by the House of Representatives on 4/18. The bill now heads to the Senate.

Legislation is pending, Senate Bill 19-220, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Update: SB -220 was approved by the Senate on 4/15, and will now be transmitted to the House.

Delaware

Senate Bill 37 would reform the expungement processes for individuals convicted of non-violent marijuana-related offenses.

If enacted, the bill would expand the pool of those eligible to seek expungement to include those convicted of a single misdemeanor or felony charge related to marijuana.

Update: SB 37 was unanimously approved by the Senate on 4/17/19, and now awaits action in the House.

Florida

Legislation is pending, H. 333, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Separately, SB 1020 would also regulate industrial hemp production, and a third measure, SB 7102 would allow for the retail sale of hemp extracts.

Update: H. 333 was unanimously approved by the House State Affairs Committee on 4/18/19, SB 7102 was heard in the Senate Appropriations Committee on 4/18.

Hawaii

Legislation is pending, House Bill 673 / Senate Bill 1430, to expand medical cannabis access.

The measure would protect registered medical cannabis patients from employment discrimination by prohibiting employers from arbitrarily discriminating against employees who legally consume medical cannabis off-the-job in accordance with state law.

Update: HB 673 was unanimously approved by the Senate on 4/9/19, but the House disagreed with the Senate amendments, so the bill will now go to a conference committee for reconciliation.

Legislation is pending, House Bill 1353, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Update: HB 1353 was unanimously approved by the Senate on 4/9/19, but the House disagreed with the Senate amendments, so the bill will now go to a conference committee for reconciliation.

Iowa

Legislation is pending, HF 754 and SF 599, to establish an industrial hemp program to be in compliance with the new federal hemp regulations.

Update: SF 599 was approved by the Senate on 4/15/19, and was then heard in the House Appropriations Committee on 4/18/19.

Nebraska

Legislation is pending, LB 657, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Update: LB 657 was approved by the Senate on 4/15/19.

Nevada

Legislation is pending, SB 430, that would expand the pool of individuals eligible for medical cannabis.

The measure would permit physicians to recommend cannabis therapy to those diagnosed with anxiety, autism, opioid addiction or dependence, anorexia, among others.

Update: SB 430 was approved by the Senate Committee on Health and Human Services on 4/16/19, and was then approved by the Senate on 4/18.

Senate Bill 228:

Update: SB 228 was unanimously approved by the Senate on 4/16/19, and now awaits action in the Assembly. The bill was amended to remove provisions concerning prohibiting a practitioner from refusing to prescribe a controlled substance to a patient solely because the patient uses marijuana and establishing a Cannabis Control Commission to oversee the state’s medical marijuana access program. Provisions allowing veterinarians to administer hemp and CBD products to animals.

New Hampshire

Legislation is pending, House Bill 481, to allow for the use, possession, and retail sale of marijuana by adults.

The pending measure permits adults 21 and over to possess up to one ounce of marijuana and/or up to five grams of concentrate, and to grow up to six marijuana plants.

Update: HB 481 is scheduled for a hearing in the Senate Judiciary Committee on 4/23/19.

Legislation is pending, HB 350, to expand medical cannabis access.

The measure expands the pool of medical professionals who are eligible to recommend medical cannabis by permitting physician assistants to issue recommendations to their patients.

Update: HB 350 was approved by the Senate on a voice vote on 4/18/19, and now awaits action from the Governor.

Legislation is pending, House Bill 459, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Update: HB 459 is scheduled for a hearing in the Senate Energy and Natural Resources Committee on 4/23/19.

North Carolina

Legislation is pending, S. 58 / H. 766, to expand upon the state’s decriminalization law and also to provide for the expungement of certain prior cannabis convictions.

Under current law, the possession of 1.5 ounces of cannabis is classified as a misdemeanor. These proposals raise that threshold to four ounces. The bill would also allow those with past marijuana possession convictions to petition the court to expunge their record.

Oregon

Legislation is pending, Senate Bill 970, to protect state-sanctioned medical cannabis patients, as well as those with prior or pending cannabis convictions, from housing discrimination.

Update: SB 970 is scheduled for a hearing in the House Human Services and Housing Committee on 4/22/19.

Tennessee

Legislation is pending, SB 256/HB 235, to decriminalize the possession small amounts of marijuana in Tennessee.

The measure would remove criminal penalties for the possession of up to one ounce of marijuana.

Update: SB 256 is scheduled for consideration in the Senate Judiciary Committee on 4/23/19.

Legislation is pending, SB 260/HB 234, to allow out-of-state medical cannabis patients to legally possess their medicine while visiting Tennessee.

Under this measure, patients who are registered to use medical cannabis in those 33 jurisdictions that permit its therapeutic use may legally possess up to a half-ounce of cannabis while visiting Tennessee.

Update: SB 260 is scheduled for consideration in the Senate Judiciary Committee on 4/23/19.

Vermont

S. 54 is pending to establish a regulatory framework for the regulation of a commercial, adult use marijuana market.

Update: S. 54 was heard by the House Committee on S. 54 was heard by the House Committees on Government Operations; Judiciary; and Commerce and Economic Development this week.

Washington

Legislation is pending, HB 1401 / SB 5719, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Update: HB 1401 was unanimously approved by the Senate on 4/15/19. The bill will now head back to the House for concurrence on Senate amendments.

Senate Finance makes choice observations of House budget

Suzanne Downing
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Senate Finance makes choice observations of House budget

Must Read Alaska curated a few of the comments from senators on the Finance Committee as they discussed the House’s version of the operating budget today, with the guidance of the Legislature’s Finance Division Director David Teal:

Sen. Lyman Hoffman

Sen. Lyman Hoffman: “The underlying theme of the House of Representatives budget is that government gets the first crack at the $3 billion and anything remaining after government goes to the people. Is that a fair statement of the way this budget has been drafted?”

David Teal: “Mr. Chairman, I’m not sure that everyone would phrase it that way but that’s pretty accurate.”

Sen. Natasha von Imhof: “The dividend is sort of the 18th agency and competes with the 17 other agencies. I look at this: There are no new taxes, about $200 million or so in reductions, no money from any savings accounts at all — no SBR (Statutory Budget Reserve), no CBR (Constitutional Budget Reserve). Those are kind of observations.”

David Teal: “All correct observations.”

Sen. Peter Micciche

Sen. Peter Micciche: “To be fair there’s a couple ways to frame this discussion. The governor’s plan requires new taxes. But it’s paid locally instead of to the state. For folks that own a piece of property or that  live in municipalities that have to make up the difference, it requires new taxes.

“To also be fair, The House budget impacts household income because of the shift from the dividend to State government. Both of them have those impacts. So it’s not like either one is impact free. For the folks who feel they’re entitled to the dividend, they’re going to be enraged by our discussion, that we make it sound like there’s no  impact. But they have to be clear on the other side, that the governor’s plan requires revenue, but it looks like it’s not State revenue. It looks like they’re claiming there’s no requirement for state revenue but it’s made up elsewhere.”

Sen. von Imhof: “With the dividend potentially being considered the 18th agency, some states have an income tax and this causes citizens to pay attention to the growth of government. Alaska has the dividend, which kind of does the same thing. It has Alaskans now really paying attention to the growth of government because as passing of the POMV with the dividend being paid out of that as well as government, the dividend sort of acts as almost the same thing as a tax. It causes people to pay attention to the growth of government. Alaska is slowly morphing into the new POMV age, which I think is a good thing. The dividend is yes, competing with the other agencies.”

Sen. Hoffman: The House of Representatives did not include a dividend in their operating budget. They have not determined what that dividend is. There’s been many statements by the individual members of the House of Representatives, but the House as a body has not taken action on any dividend level. The public should be aware that even though we have a graph in quadrant one, and the scenario for the House of Representatives, there is no official action by that body.”

David Teal

David Teal: “They [the House] passed budget without a dividend.The governor submitted a separate dividend bill. And they said ‘We will address the dividend in that bill. That’s the way the governor submitted the budget to us.’ That decision has not been made. The underlying conceptual assumption is this is how much is left for dividends. That doesn’t necessarily mean that that’s what the House’s dividend plan is.”

The Senate Finance Committee will take up crime bills Wednesday, considering the governor’s bills SB 32 and SB 35, and will continue its budget work on Thursday with another presentation and question and answer period with David Teal.

MRAK Almanac: Spring is in the air?

Suzanne Downing
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MRAK Almanac: Spring is in the air?

This is snow time for Spring: Anchorage had measurable snow on Tuesday for the 7th day in a row, smashing the previous record of March 31-April 8, 1956, according to the National Weather Service. Anchorage also set a new precipitation record, with 0.24 inches of precipitation measured on Tuesday, which smashed the previous record of 0.18 inches set in 2010. It is the 17th time in the 66-year record that April has been snowier than March, NWS says. (Image screenshot from NWS video.)

 * * * *

April 24, 1913: Joe Vogler was born on this day. Vogler who? The founder of the Alaskan Independence Party, and also the party’s gubernatorial candidate for many years. Born in Kansas, he moved to Alaska in 1942 out of his dislike of the policies of President Franklin D. Roosevelt. He lived in Kodiak before moving to Fairbanks. Vogler disappeared in May of 1993. His body was found 16 months later in gravel pit, and fingerprint tests showed it was Vogler, who was something of a folk hero in Alaska. Ne’er-do-well Manfried West, now living at Goose Creek Correctional Center, confessed. Read the story about Vogler’s life and death here.

April 24, 1956: Alaska voters approved the Alaska Constitution adopted at Fairbanks in February by a vote of 17,447 to 7,180; they also approved a “Tennessee plan” to send a delegation to Congress: Ernest Gruening and William Egan were delegates to the Senate, Ralph J. Rivers to the House.

April 25, 1840: Sir James Douglas of the Hudson’s Bay Company, arrived at Sitka to negotiate a treaty with the Russians over control of the Stikine area. He was said to be part Creole and part Scottish. Read his bio here.

 * * * *

April 25: “Is America ready for socialism?” UAA debaters tackle this topic against Stanford University at the Loussac Library in Anchorage, 7 pm.

April 25:  100th American Legion state convention, hosted by American Legion Post 1. An open house for Department Commander Nate Carter with a live band on Wednesday April 24 at 5 pm at Jack Henry Post 1, 840 W. Fireweed Lane. The convention convenes at the Arctic Rec. center, 4855 Arctic Blvd. at 9 am on Thursday through Saturday evening.

April 25: Alaska Alliance bi-monthly breakfast with speaker Colleen Glover, Alaska Department of Revenue, Tax Division. Dena’ina Center 7 am. Details

April 26-28: Alaska Outdoor Show at the Carlson Center. It’s the largest trade show in Fairbanks.

April 27: UAA Music Department presents the “Budget Cut Symphony,” to bring to light the value of music in Alaska’s public education. UAA’s student orchestra will perform Haydn’s “Farewell” Symphony, as well as Edward Gregson’s Tuba Concerto, and Gustav Mahler’s Adagietto from Symphony No. 5. UAA Fine Arts Building Recital Hall, 7:30 pm. Details

April 28: Empty Bowls, annual fundraiser for the Glory Hall soup kitchen, Centennial Hall, Juneau, 5 pm. Tickets here.

May 2-4: Great Alaska Aviation Gathering, the biggest free-entry air trade show in the world. FedEx Hangar at Ted Stevens International Airport, 9-5 Saturday, 10-5 Sunday. Highlight of the show is an appearance by DRACO. What’s DRACO? Details

May 2: Resource Development Council breakfast, 2019 Alaska Construction Forecast, featuring: Scott Goldsmith, Professor Emeritus of Economics, ISER, UAA. Dena’ina Center, 7 am. Details.

May 3: Alaska Aviators Forum at the Aviator Hotel. Guest speaker is Steve McCaughey, executive director of the Seaplane Pilots Association, a national organization dedicated to advocating for floatplane access to nationwide public waterway. He will be talking about the efforts of the Western Governors Association to restrict floatplane access because of invasive species transfer. 7 pm. Details

May 4: UAF Commencement, Carlson Center, 12 pm

May 17-18: Alaska Republican Party State Central Committee meeting in Kenai.

 

10 years anniversary: Ted Stevens still exonerated

Suzanne Downing
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10 years anniversary: Ted Stevens still exonerated

It was 10 years ago this month that Alaska Sen. Ted Stevens walked out of court smiling — and vindicated: The corruption charges were thrown out.

Rather than Sen. Stevens being the one who was corrupt, it was the Justice Department that was. Prosecutors were found to be so determined to get a conviction that they’d even withhold evidence that would have — and should have — ended their investigation. Even U.S. Attorney General Eric Holder could not justify the disgrace that the case had become. Holder threw in the towel:

“After careful review, I have concluded that certain information should have been provided to the defense for use at trial,” Holder wrote on April 1, 2009, in a carefully worded statement. He had no choice.

Then, on April 7, 2009, United States District Court Judge Emmet G. Sullivan blasted the prosecution, “In nearly 25 years on the bench, I’ve never seen anything approaching the mishandling and misconduct that I’ve seen in this case.”

He threw out the conviction: “There was never a judgment of conviction in this case. The jury’s verdict is being set aside and has no legal effect.”

Judge Sullivan ripped the prosecution in a 14-minute speech that accused them of withholding evidence that would have exonerated Stevens, who had been charged with concealing that he had not paid full value for renovations to his Girdwood cabin. Stevens and his wife had, in fact, paid $160,000 for renovations that were later independently appraised at less than $125,000.

Judge Sullivan went further. He appointed Henry F. Schuelke III, a Washington attorney, to investigate six Justice Department prosecutors, the chief of the Public Integrity Section, and his deputy chief. Sullivan wanted to know if the attack dogs of the Justice Department should face criminal charges.

“How does the court have confidence that the public integrity section has public integrity?” Judge Sullivan asked. [t]he government’s ill-gotten verdict in the case not only cost that public official his bid for re-election, the results of that election tipped the balance of power in the United States Senate.”

[Read the March 15, 2012 legal report returned to Judge Emmet Sullivan that details the problems with the Stevens investigation.]

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