Page 1564 – Must Read Alaska

Defense lawyer’s constitutional argument cost her a judgeship

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July 5, 2018

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Defense lawyer’s constitutional argument cost her a judgeship

WHEN A CASE BECOMES POLITICALLY TOO HOT TO HANDLE

Criminal defense attorneys are sworn to represent their clients as vigorously and ethically as possible.

But doing so might cost them a judgeship with Gov. Bill Walker. [See the original story here.]

Juneau defense attorney Julie Willoughby found that out the hard way. After applying for a seat on the Juneau Superior Court, Willoughby received glowing reviews from her fellow lawyers around the state. She went through a rigorous scoring process. Lawyers around Alaska were allowed to weigh in on the quality of her work and the content of her character.

She was the highest scoring attorney to apply for the Juneau Superior Court seat being vacated by Justice Louis Menendez.

By all accounts, she is an outstanding criminal defense attorney.

Gov. Bill Walker offered her the job: It would be Superior Court Judge Julie Willoughby.

But then a member of Walker’s staff showed him a legal brief associated with Ty Grussendorf. Walker quickly rescinded his offer, before it was even announced.

TY GRUSSENDORF

Grussendorf is standing trial this fall for seven counts of sexual abuse of a minor — six of them were first-degree assaults. Willoughby is no longer his lawyer, but she was when she filed a memorandum with the court that Walker says he was shocked by.

The governor’s chief of staff, Scott Kendall, said that the arguments Willoughby had made in defense of her client portrayed a victim as a 12-year-old girl and a man engaged in a “mutually satisfying sexual adventure,” in which Willoughby argued the girl had not been harmed.

Instead, according to Willoughby, the girl had “solicited” the sexual assaults.

Kendall provided a statement to the Juneau Empire: “Each of these statements is disturbing individually. Collectively, these arguments shocked the conscience of Governor Walker and his advisors. The governor understands that criminal defense attorneys must be zealous advocates. In fact, he has previously appointed defense attorneys to judgeships, including to the Alaska Supreme Court. However, an attorney can be zealous without attacking a child victim and misstating statutory rape laws.”

The case was high profile because the perpetrator was the son of a legislative aide, and the case became fodder for the media. It was a political case at one point. Ty Grussendorf was the grandson of former Rep. Ben Grussendorf, and the son of legislative aide Tim Grussendorf.

Tim was legislative staffer to Sen. Lyman Hoffman, and reporter Austin Baird alleged that Tim worked to change state law in a way that could have helped his son’s defense.

Baird raised questions about potential abuse of position.

Baird is now the governor’s press secretary.

The Grussendorf case is so politically charged that it even impacted Rep. Cathy Munoz’s re-election, after she raised questions. Rep. Justin Parish beat her in November, 2016; he later was forced to not run for reelection due to his unwelcome advances toward a woman.

WAS WILLOUGHBY CORRECT IN HER ARGUMENT?

The governor got caught not doing his homework, and not thinking through what the actual argument was before the court.

It is a constitutional argument at its core. Willoughby was not arguing the facts, but about whether our system is so harsh in a “one-size-fits-all” punishment for sexual offenses, that we’re condemning sexually active 18-year-olds to life in prison.

In writing in support of dismissing the case on constitutional grounds, Willoughby was seeking to reform the law itself that could bite any sexually precocious 18-year-old boy or girl in the legal butt:

“The constitutional arguments in this case – due process, cruel and unusual punishment, equal protection and the goals of criminal administration – are all interconnected. This motion challenges the rigidity of a system designed to punish sexual predators. It is patently unfair to apply these charges and the resultant mandatory sentences and restrictions to high school students on an unfortunate but consensual sexual adventure. There is no humane reason to sentence Mr. Grussendorf to a slow death in the Alaska prison system. And there is no rational reason why the community would want to spend millions of dollars needlessly incarcerating him. The system is broken. Only by declaring the charging and sentencing structure for sex offenders unconstitutional may the system be brought to rationality.”

Willoughby’s memorandum detailed the encounters — blow jobs and all — which started when the victim contacted Grussendorf via a social media site called “Kix,” which minors are prohibited from using, according to the company’s rules. A few sexual encounters later, the girl broke off the relationship after being bullied by friends at school.

Normally, Willoughby said, such arguments relating to sentencing would happen after conviction. But in this case, she wanted to address it before trial because a guilty verdict would lead to death in prison for Ty Grussendorf, something that she argued was excessive punishment. That would force the young man into a plea bargain, and pressure him to admitting to things he may not be guilty of, in order to avoid life — and death — in prison.

Willoughby was arguing that locking a young man up for a sexual encounter he had at 18 with a 12 year old and throwing away the key until he was 76 or dead is not justice.

The entire legal argument is posted here. Caution, salacious material ahead:

1JU-15-364CR

That Willoughby, who teaches constitutional law, didn’t see that as a barricade to her judicial appointment, and that no other lawyer in the dozens who responded to the judicial survey saw this argument as an issue, indicates that someone close to the governor was going to dig something up on Willoughby to ensure that Amy Mead was offered the judgeship.

That’s exactly what happened. Only Gov. Bill Walker saw it as a problem, because it could be an election year scandal for him.

The cautionary note here is that now any defense attorney that makes a constitutional argument in defense of an admittedly guilty defendant could have their legal brief used against them if they ever apply for a judgeship.

WHAT WOULD AMY MEAD HAVE DONE?

Mead, who is the nominee to be sworn in as a Superior Court judge, may have only ranked in the middle of the pack of applicants, but her career has never put her in a position of defending an almost indefensible client, other than the City and Borough of Juneau. She has never had a case like Ty Grussendorf to defend. The public doesn’t know how she views constitutional questions.

This turn of events could put a chill on applicants, and limit judgeships to those with only corporate or municipal law experience and little to no criminal defense, trial experience, or constitutional scholarship.

Grussendorf’s trial is scheduled for Juneau Superior Court on Oct. 22, with Judge Phillip Pallenberg presiding.

Original story:

Walker flips: Offers Juneau Superior Court judgeship to lower candidate

Parades showed volunteer army strength for campaigns

Suzanne Downing

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July 5, 2018

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Parades showed volunteer army strength for campaigns

GUBERNATORIAL TEAMS FANNED OUT ACROSS THE STATE

Across the state, the powerhouses of political campaigns showed how strong they are in the “boots on the ground” department during Fourth of July parades.

Snapshots from Fairbanks to Ketchikan indicate that gubernatorial candidate Mike Dunleavy took the parade grounds in terms of most volunteer numbers, with more than 300 Alaskans taking part for Dunleavy with their trucks, candy, and multi-colored signs in at least eight parades, including Fairbanks, North Pole, Ester, Homer, Kenai, Chugiak, Juneau, Ketchikan.

Other gubernatorial campaigns were more modest, except for Gov. Bill Walker. His press release said he had people in parades in 13 communities.

*Gov. Bill Walker watches the Mount Marathon runners in Seward on July 4, 2018.*

Walker’s supporters marched in Bethel, Homer, Juneau, Kenai, Ketchikan, Kotzebue, Nome, Sitka, Unalaska, Valdez, Wasilla, Willow, and Yakutat. In Seward, Walker didn’t have an entry in the parade, but pressed the flesh and had a booth where volunteers gathered signatures for his petition to appear on the November General Election ballot.

Walker had a booth in Anchorage, where volunteers also gathered signatures.

In the biggest parades — Seward, Wasilla, Fairbanks, Juneau, and Anchorage — the sitting governor didn’t attempt to have a parade entry. With the exception of Willow and Wasilla, Walker’s campaign stuck to smaller, rural, coastal communities where his support is more certain.

In Kenai and Homer, Walker volunteers had a robust showing, with three vehicles and a little “barrel train” that had children in it. About 30 people were in the Walker entry that did both parades.

Mark Begich appeared in Seward in the parade, walking with his wife Deborah Bonito.

The Mat-Su Democrats’ parade entry carried signs for Begich, but not Walker, an indication that the party has fully transitioned back from the Walker-Mallott “Unity” ticket it supported in 2014 to the “Party Purity” ticket of Democrats Mark Begich-Deborah Call.

*Mark Begich and his wife Deborah Bonito walk in the Seward parade, right in front of the Stand for Salmon entry.*

There was no sign of Begich volunteers in Kenai or Homer, according to observers. Begich only joined the race on June 2 and has been trying to muscle in on Walker votes.

*Mead Treadwell poses with pirates from the Nauti Otter Inn in Seward at the start of the Fourth of July Parade.*

As for gubernatorial candidate Mead Treadwell, who also joined the race for governor on June 2, his volunteers got up to speed with a good showing in Homer, Kenai, and Ketchikan, and he appeared in the Seward parade with his daughter Natalie.

“We had a great response in Seward,” Treadwell said this morning from a breakfast he was attending.

One of the more surprising entries was the 50 people who joined the Dunleavy parade entry in Juneau, with a diverse group that included some former public officials. Although Juneau is a government town, there were lots of cheers for Dunleavy’s truck that was covered with signs and festooned with red, white, and blue banners. Volunteers said they were “over the moon” with the support their candidate received in Juneau.

*Dunleavy parade walkers muster with their truck entry in Juneau.*

While Treadwell, Walker or Begich didn’t have a float entry in the Juneau parade, Lt. Gov. Byron Mallott and his family walked the route and waved the flag for his re-election.

Where was candidate Dunleavy during the Fourth of July?

He and his wife Rose were in the Wasilla and Chugiak parades with about 70 volunteers in Wasilla, the largest showing of any political campaign across the state. In Chugiak, his campaign had 50 volunteers walking and tossing candy.

*Tall guy in the back is Mike Dunleavy, with volunteer parade walkers in Wasilla.*

Parade entries don’t tell the whole story of a campaign, but they are a strong indicator of voter enthusiasm and also how well a campaign has been able to motivate volunteers going into the Aug. 21 primary. It’s also an organizational feat for campaigns to make a showing in a state the size of Alaska.

“We didn’t do a big push for volunteers,” said Brett Huber, campaign manager for Dunleavy. “We just let them know where we’d be, and then we were overwhelmed with them. The turnout was phenomenal.”

Of course, it helped that the sun shone on communities across the state in what was parade-perfect weather.

Quote of the day: Democrats celebrate Independence Day by calling for state taxes

The Social

Suzanne Downing

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July 4, 2018

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A letter, in full, from Hal Gazaway of the Bartlett Democratic Club in Anchorage, to the membership of the club is below, announcing that while there will be no meeting this week, due to the holiday, the fight against President Donald Trump must go on.

Cliff Notes: Gazaway has some things to say about the founding of our country (throwing off tyrants), likens our current national and state Republican leadership to aforementioned tyrants, and then uses his Independence Day message to tell his membership to “take out Don Young,” impeach the president, oppose any replacement to Justice Anthony Kennedy on the Supreme Court, and demand a state income tax:

Dear fellow Bartlett Club Supporters;

This day celebrates the day, 242 years ago, representatives from the American colonies, assembled in the name of the people, to declare the American colonies free and independent.

A fundamental principle guided them. All men are created equal, entitled to life, liberty, and the pursuit of happiness. Governments are instituted to ensure these ends. When government becomes destructive to these ends; it is the right of the people to alter or abolish the government.

The declaration listed a litany of offensive acts by their current ruler. The colonial representatives who signed the Declaration of Independence dissolved their allegiance to the tyrant who had been placed on the British throne. They chose to replace that autocratic rule with a government by free and independent states. The 56 representatives pledged their lives, their fortunes, and their sacred honor. With that pledge they signed the Declaration of Independence.

Today, a no less tyrannical regime has gained control of the United States and Alaska – an oligarchy, composed of plutocratic, international conspirators focused on concentrating wealth and power in a few, at the expense of the people.

Nowhere has the threat of this oligarchy become more apparent than here in Alaska where we have been reduced to a Third World colony by our state government over these last 15 years.

Today it is time for people of principle to stand up.

To stand up for America.

To stand up for Alaska.

1.NATIONALLY:

Justice Kennedy‘s retirement opens the door for Donald Trump to appoint a sixth ultra conservative federalist justice to the Supreme Court Bench:

One who will swing all legal issues raised in Donald Trump‘s impeachment proceedings;

One who will decide all legal issues in Donald Trump ‘s challenges to:

Federal prosecution of political wrongdoing,
Immigration issues,
Environmental issues,
Protective designation of federal lands,
Corporate exploitation of federal lands,
Challenges to environmental laws,
Laws repealing a woman’s right to exercise her choice and control over her body,
Laws repealing people’s rights to chase who they love and spend their life with
Today we can do something about that.

TAKE ACTION

Call Senator Lisa Murkowski:

Tell her to oppose any effort to rush the appointment of Justice Kennedy’s replacement until a full vetting can occur or take place before the members of the Senate and the House elected by 2018 voters who now have the benefit of seeing the results of 18 months of Trump Rule.

Take out Don Young:

For 40 years hard-working Alaskans have not had the benefit of a respected congressman capable of working outside of a small political clique. Don Young has two ardent opponents.

TAKE ACTION

Work for Don Young’s opponents

Use social media, phone, letters, postcards to get their names and messages to your friends neighbors, and family.

ALASKA:

The person we elect as governor will have two appointments to the five-member redistricting Board.

The disproportionate over-representation of Republicans in the Senate and House of Representatives resulted from the gerrymandering by the four Republicans on the last redistricting board, loosely based upon the 2010 census.

The governor elected in 2018 will be able to appoint two of the five members to that redistricting board in 2020.

TAKE ACTION

Campaign for and vote for a governor committed to a balanced redistricting board

STATE GOVERNMENT

For six years Alaska has been a Third World colony. The legislature whines about not enough money to:

Fund our courts to be open more than 32 hours a week,
Fund public K-12 education even to the level the state had 1960 – 1964.
Fund public roads,
Fund the repair of bridges,
Fund professional law enforcement presence in 50% of Alaskan cities, towns and villages,
Fund public water and sewer in rural Alaskan villages to the level established by 1978,
Fund an effective public response to the opiate epidemic spiraling out of control in our city and the petty crime wave that funds it.

Today is the time to demand of our candidates for state Senate seats and state House of Representatives seats to commit to:

Adopt an income tax
Adopt an oil production tax that meets the Alaskan constitutional requirement to use Alaska’s natural resources for the maximum benefit of Alaskans
Repeal oil tax credits that are not for exploring and developing new fields.

Provide steady state income by a graduated income tax on all income earned or received in Alaska.

My wish for all our members is to have a happy and safe Fourth of July. It is my wish that we will renew our joy of life and living in the land of opportunity, left to us by generations before us. I am hopeful that we can bring that change necessary to ensure those that follow us will enjoy the same rights to life, liberty, and the pursuit of happiness that we have enjoyed.

Hal Gazaway

Ross Soboleff passes; friend of Must Read Alaska

The 907

Suzanne Downing

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July 3, 2018

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Ross Soboleff passes; friend of Must Read Alaska

Sealaska Director Ross Soboleff died Monday after a battle with cancer.

He was the son of the Tlingit scholar, elder, and Presbyterian minister Dr. Walter Soboleff Sr. and Genevieve Ross, and was active in the Tlingit and Haida communities throughout his life in Southeast Alaska.

He served as the vice president for communications for Sealaska for several years.

In the past two years he was a strong supporter of Must Read Alaska, and sent several kind notes of encouragement, as well as financial support for the work of independent political reporting.

The last time this writer saw him was in the Capitol in January, and he was wearing a Must Read Alaska beanie, as he often did around Juneau during the final winter of his life.

Soboleff was elected to the Sealaska Board of Director as an independent candidate in 2014 and re-elected last year. He was known as intelligent and respectful, with a good heart and a wise soul.

Soboleff worked as an aide to former Rep. Eric Feige in the Alaska Legislature for two years. It was from Feige that he first learned about Must Read Alaska. He also worked for Rep. Dan Saddler while Saddler was vice chair of Finance for two years.

“He was a gifted writer,” Saddler recalled. “Ross was a gentle man with a gracious manner that masked a very keen mind and a great political sense. He was an excellent staffer, but after work hours he could play a mean mandolin, add sweet harmony to any song, and made the world a better place just by being there. I am blessed to have called him my friend, and tremendously saddened that I will see him no more, at least in in this life. My sincere condolences to Jane and the entire Soboleff family on his passing.”

*Kim Skipper with Ross Soboleff in Rep. Dan Saddler’s office.*

Kim Skipper, a longtime aide to Saddler, wrote: “I lost a dear friend yesterday, Ross Soboleff. He was a wonderful friend and co-worker. Ross was soft spoken and a sweet man. He was thoughtful and considerate. I enjoyed his texts during the interims and when he stopped by the Capitol office even when we didn’t work together. Rest In Peace Ross.”

Soboleff graduated from Juneau-Douglas High School in 1969, and the University of Oregon, was a gifted writer, small business owner, and a fisherman who recently had been living in Tenakee, building an addition on his house there, and running his communications consultancy, RVS Communications.

In November he wrote that he was finishing his 25-ton license with the U.S. Coast Guard.

Aside from his work with Sealaska and the Legislature, Soboleff was a writer, small business owner, and fisherman. He was Haida and Tlingit, Eagle/Sgalans, Killisnoo and Howkan.

He is survived by his wife, Jane Lindsey, his children and grandchildren.

BP sells interest in Kuparuk, satellite oil fields to ConocoPhillips

Politics

Suzanne Downing

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July 3, 2018

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BP sells interest in Kuparuk, satellite oil fields to ConocoPhillips

MAJOR ANNOUNCEMENT

BP and ConocoPhillips today announced agreements for BP to sell its non-operating interest in the Kuparuk and satellite oilfields in Alaska to ConocoPhillips.

In the deal, BP will also purchase a field from ConocoPhillips west of the Shetland Islands in the North Sea, giving BP a 45.1 percent interest in an area known as the Clair Field.

BP will sell to ConocoPhillips its entire 39.2 percent interest in the Greater Kuparuk Area on the North Slope of Alaska, and BP’s holding in the Kuparuk Transportation Company.

Details of the transactions are not being disclosed but the transactions together are said to be cash neutral for BP and ConocoPhillips.

“These transactions are significant for ConocoPhillips because they continue our strategy of coring up our legacy asset base in Alaska, while retaining an interest in the Clair Field in the U.K.,” said Ryan Lance, chairman and chief executive officer. “We have a long history of creating value in Alaska and an ongoing commitment to invest in our legacy assets, as well as in the development of our recent exploration success. Likewise, we are committed to maximizing the value of our assets in the U.K. North Sea, including continued investment in our operated assets in the Central North Sea.”

BP was upbeat about the transaction and how it aligned with corporate goals:

“This is a further step in focusing our portfolio around core assets and developments which have the potential for significant growth. Clair is a key advantaged oilfield for our North Sea business, a giant resource whose second phase is about to begin production and which holds great potential for future developments,” said BP Upstream chief executive Bernard Looney.

“In Alaska, this transaction will increase our focus on managing our deep resource base at the massive Prudhoe Bay oilfield and help enable a more competitive and sustainable business for BP.”

The Greater Kuparuk Area is operated by ConocoPhillips Alaska. The Greater Kuparuk Area includes the Kuparuk oilfield and the satellite fields of Tarn, Tabasco, Meltwater and West Sak. In 2017, the Greater Kuparuk Area had average daily gross oil production of approximately 108,000 barrels a day. The agreement will also include BP’s interest in the Kuparuk pipeline, which transports oil from the Greater Kuparuk Area to the inlet of the Trans-Alaska Pipeline (TAPS) at Pump Station 1.

The transaction will not affect BP’s position as operator and co-owner in the Prudhoe Bay oilfield in Alaska. The transactions are subject to State of Alaska, US federal and UK regulatory approvals and other approvals, which are anticipated later this year.

Celebrate your Alaskan Fourth of July

Columns

Suzanne Downing

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July 3, 2018

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A MOMENT TO CONSIDER HISTORY

As Alaskans, we treasure our uniqueness along with the common history that defines all Americans. We see ourselves as self-reliant, independent people with an intense pride of our state and country.

The history of Alaska and the history of America have similarities that are often forgotten amid the festivities surrounding the celebration of one of our most popular national holidays.

While July 4, 1776 is important as the date on which our country declared its independence, it was over a decade before America’s future was assured. Some historians believe that was when our national constitution was drafted from May 25 to September 17, 1787, in the old Pennsylvania State House in Philadelphia (where our original Declaration of Independence was adopted – now known as Independence Hall).

Up to then, the nearly four million inhabitants of the new United States were governed under the Articles of Confederation, created by the Second Continental Congress and ratified by the original 13 states in the five years following independence.

Unfortunately, the chronically underfunded and weak Confederation government was inadequate for resolving conflicts that arose among the states. The Articles of Confederation could only be amended by unanimous vote of the states, so each state had effective veto power over any proposed changes. In addition, the Articles did not provide the federal government taxing power, being entirely dependent on the states for funding with no power to enforce collection.

Initially, while the Philadelphia Constitutional Convention was intended to revise the Articles of Confederation, many of its proponents felt, in order for our nation to progress, delegates needed to create a new government rather than patch up the existing one.

Under similar circumstances, on November 8, 1955, Alaska’s 55 delegates felt a sense of hope tinged with uncertainty when they gathered at the University of Alaska’s Constitution Hall in Fairbanks for Alaska’s first constitutional convention. The number 55 was no accident – the same number in attendance at the Philadelphia Convention in 1787.

In Philadelphia, delegates unanimously chose George Washington president of the Convention – who later became our first president of the United States.

In Fairbanks, delegates chose territorial senator, Bill Egan, to lead them. He was later elected as the first governor of Alaska after statehood was achieved in 1959.

While the Philadelphia convention delegates sweltered in hot summer temperatures, Fairbanks delegates faced a different challenge. During their proceedings, Bill Egan announced that “the temperature is now about forty below and if the delegates have their cars out there, they probably should start them in order that they will start.”

By avoiding minutiae and hyperbole, Alaska delegates were able to draft a short, general document, modeled after the U.S. Constitution. Rather than an elaborate document like many other state constitutions, they chose instead to leave broad authority to future state legislatures. The resulting document is thus only half the average state constitution length of 26,000 words.

Much like the U.S. Constitution’s correction of shortcomings in the Articles of Confederation, language in Alaska’s constitution was a reaction against weak territorial institutions and therefore provided for a strong executive and legislature.

Both documents’ preambles begin with the same words, “We the people…”, signifying the foundation of our system of government where citizen’s rights and privacy are paramount, and it is only through the people that government power is derived.

Despite the importance of our U.S. Constitution (including the first 10 amendments that constitute the Bill of Rights) it is July Fourth – Independence Day – that later became the official national holiday Americans celebrate each year.

For Alaskans, this date also has special significance. President Dwight D. Eisenhower signed the proclamation admitting Alaska as the 49th state on January 3, 1959, but, by executive order, the new national flag did not become official until July 4th of that year.

On that day, an estimated 3,000 people stood at attention as the first 49-star flag was raised slowly in the state capital by a military honor guard in an impressive ceremony.

In the world of nations, there is only one America. And among the 50 states, Alaska’s statehood story is unique in terms of its origin and character.

Happy 4^thof July!

Win Gruening retired as the senior vice president in charge of business banking for Key Bank in 2012. He was born and raised in Juneau and graduated from the U.S. Air Force Academy in 1970. He is active in community affairs as a 30-plus year member of Juneau Downtown Rotary Club and has been involved in various local and statewide organizations.

Interior Dept. withdraws opinion on Alaska Native ‘land into trust’

Suzanne Downing

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July 3, 2018

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Interior Dept. withdraws opinion on Alaska Native ‘land into trust’

ALASKA ‘INDIAN RESERVATION’ STATUS ON ICE FOR NOW

The U.S. Department of the Interior’s solicitor said Friday that it has withdrawn an 11th-hour Obama-era opinion that allowed the federal government to take land into trust for Alaska Natives.

The rule, made in the last few days of the Obama Administration, was “incomplete and unbalanced,” said the department’s acting solicitor, Daniel H. Jorjani. He said the department needs at least a year to reconsider it.

The Obama ruling was made on Jan. 13, 2017, by former DOI solicitor Hilary Tomkins, just before President Donald Trump was sworn into office. It was part of a flurry of last-ditch rulings of an administration set on “fundamentally transforming America,” as the president had promised.

Tomkins had issued opinion M-37043, an analysis of the effects of the Alaska Native Claims Settlement Act, the Federal Land Policy and Management Act, and the Supreme Court decision in Carcieri v. Salazar on the Secretary of the lnterior’s authority to accept land in trust in Alaska under the Indian Reorganization Act. It’s a complicated matter of Indian law that goes back as far as the 1930s.

Within days of the Tomkins decision, a tiny acre of land in downtown Craig, Alaska, became the toehold case to establish Indian Country in Alaska, essentially allowing the federal government to take land into trust for the Craig Tribal Association, and manage it as it does Native American reservations in the Lower 48. Its application was accepted by the Obama Administration immediately on Jan. 14, 2017.

Historically, Alaska has been an exception to the Indian Country style of federal management because of the Alaska Native Claims Settlement Act and its creation of Native corporations for regions and villages throughout the state. Native corporations are designed to be run as profit-making corporate enterprises for the benefit of Alaska Native people, with the intent that they would be generally run by Natives. Today, most of the corporate jobs in Alaska Native corporations are indeed held by Natives and they are some of the largest corporate entities in the state.

[Read: One acre is newest reservation in Alaska.]

Upon being sworn into office, President Trump asked for a review of all of the last-minute actions of the Obama Administration. On Jan. 20. 2017, the president’s chief of staff announced a regulatory review process for any new or pending regulations.

The new solicitor general for DOI concluded that the previous decision omitted the discussion of important statutory developments, resulting in “an incomplete analysis of the Secretary’s authority to acquire land in trust in Alaska.”

[Read: The entire DOI solicitor’s opinion here.]

BACKGROUND

In 2006, four Alaska Native tribes and one Alaska Native person challenged the “Alaska exception” from Indian Country in a case called Akiachak Native Community v. Jewell.

The groups argued that the Alaska exception discriminated against Alaska Natives by prohibiting them from placing land in trust status.

In 2016, the D.C. District Court agreed with the tribes and held the Alaska exception to be void and unenforceable because it violated a law prohibiting regulations that diminish any privileges for Alaska Natives that other Native American tribes enjoy.

The Akiachak Case was widely considered the first step toward a tribal reservation systems known in the Lower 48 as “Indian Country.” Alaska has, since 1971, had an ANCSA exception to Indian Country, with no reservation land left except Metlakatla. The complete inventory of Alaska’s prior reservation status is here.

With reservation status, management of fish and game resources becomes complex and law enforcement jurisdictions become contentious. The self-governed reservations cannot be taxed or regulated by the state. They are sovereign. Tribal members and business entities would become exempt from state laws on marijuana, gaming, alcohol, tobacco, fireworks, or anything else that is regulated. Alaskans would also lose access to historic trails that still being contested with the federal government.

Mary Bishop of the Alaska Outdoor Council explained the challenges of Indian Country in Alaska more fully in an opinion that appeared in the Fairbanks NewsMiner.

[Read: More Indian Country ahead – in Juneau this time]

But for now, Indian Country in Alaska is on the back burner, pending further legal analysis by Trump’s Department of the Interior.

Gasline Corp. launches cheerleading squad

Suzanne Downing

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July 2, 2018

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Gasline Corp. launches cheerleading squad

UNIONS JOIN, BUT INDUSTRY GROUPS HOLD BACK, LOOKING FOR SPECIFICS

Last month, the Alaska Gasline Development Corporation rolled out a new entity to polish its brand: the Alaska Gasline Coalition, it’s called.

The initial members of the coalition include unions, quasi-governmental agencies, and regional groups with a dog in the fight: Alaska AFL-CIO, Alaska Laborers, Anchorage Economic Development Corporation, Arctic Slope Regional Corporation, Calista Corporation, Construction Industry Progress Fund, Kenai Peninsula Builders Association, Kenai Peninsula Economic Development District, National Electrical Contractors Association – Alaska, and the Soldotna Chamber of Commerce.

The coalition’s purpose is to support the Alaska Gasline Development Corporation’s Alaska LNG project.

Missing from the cheering squad is the Alaska Chamber of Commerce, the Anchorage Chamber of Commerce, the Juneau Chamber of Commerce, and the Fairbanks Chamber of Commerce. Also not on the list is the Alaska Oil and Gas Association, the Associated General Contractors, the Alaska Support Industry Alliance and the Resource Development Council.

Why are the actual industry leaders not climbing on board the coalition to support the gasline?

They say it’s because they don’t know what the project actually is, how it will be paid for, and which entity will control it. While Alaskans generally want to monetize the state’s abundant natural gas, they are not aligned with Gov. Bill Walker on a deal with China at any cost.

The gasline, which Gov. Bill Walker claimed was not transparent under Gov. Sean Parnell, is an especially secretive project now. During the 2018 session of the Alaska Legislature, there was a lot of discussion about receipt authority that would allow AGDC to borrow billions of dollars, but there were no hearings about the project itself. The basic business decisions have not been revealed.

PROJECT MOVING FASTER, RUNNING SHORT OF TIME

Last month the governor attended another ‘world gas conference,” this time in Washington, D.C., with AGDC President Keith Meyer and with the governor’s communication director and deputy chief of staff Grace Jang.

Jang has been embedded at AGDC for several weeks, sources have told Must Read Alaska. Since Jang’s arrival, AGDC’s vice president for communications, Rosetta Alcantra, left the organization suddenly, just as the governor is closing in on a deal with Sinopec, the China Petrochemical Corporation, with which he signed a nonbinding joint development agreement in November to design, build, and operate Walker’s ambitious plan to commercialize the state’s gas.

Although much is not known, what the public has been told by Walker is that the Bank of China and China Investment Corporation would guarantee 75 percent of the funding, or about $32 billion to build the Alaska LNG project.

The state would, in exchange, promise China 75 percent of the gas for the life of the agreement. So far, this all is done via a memorandum of understanding, of which Walker has signed dozens in his 3.5 years as governor.

With his re-election prospects grim, the governor only has five months to finalize a binding agreement with the Chinese consortium of companies before either he wins another term of office or a new governor takes over.

With so little time left, Walker is trying to hasten the work on agreements with the Chinese entities. Over the next few weeks, insiders say Alaskans can expect to see a lot more Chinese officials in the state, where the governor is hoping to have discussions and signing ceremonies. Walker hopes to roll out a major announcement after the Aug. 21 primary election.

WHAT WOULD A BINDING AGREEMENT LOOK LIKE?

Some knowledgeable about the project worry that Walker is getting ready to sign a binding agreement laden with contingencies. Such an agreement could set forth conditions similar to the agreement Alaska had with TransCanada years ago, which the state had to pay handsomely to break. In 2015, Alaska paid TransCanada $65 million to get that company’s share of the project. Many thought that TransCanada let the state off easy.

The cautionary note being sounded is that Walker and Meyer are willing to sign away the first right of refusal for the next 10-20 years, giving China the right to build the gasline project, provide the steel and other components, and a future governor would be bound to that agreement, including the promised gas that would go into it. Even if the agreement was uneconomical and failed to proceed, Alaska would be on the hook to a foreign entity.

The Permanent Fund itself could be tapped if the project doesn’t pan out. Here’s how: With Gov. Walker so deeply involved in the formation of an agreement with China, the State can no longer claim that there is a clear separation between AGDC and the State itself.

China and other creditors could come after the Permanent Fund in the same way that creditors are going after former Alaska Dispatch News publisher Alice Rogoff, by claiming she had no separation between her businesses and her personal finances.

Such a lien on the Permanent Fund would only happen, of course, if costs were higher than expected and if the State of Alaska couldn’t break even.

Walker has so deeply engaged in the workings and agreements of AGDC, to the point of putting his deputy chief of staff inside the agency, that he has already “pierced the veil” that would keep the State of Alaska’s treasury off limits in court. Although AGDC has been designed as an independent agency that would protect the State, should something go wrong, Walker has not kept an “arm’s length” distance from the project, which AGDC president Keith Meyer claims will be turning dirt next year.

On July 11, some of this may be explained more fully in the Senate Natural Resources Committee, as Sen. Cathy Giessel, chair, convenes the quarterly review of the gasline agency’s work to date, its progress and commitments. That committee meeting starts at 9 a.m., and lawmakers will no doubt have many specific questions about the modeling and finances of the proposed gasline.

The cheerleading squad, “The Alaska Gasline Coalition,” hasn’t done much other than allow itself to be used as a publicity stunt. Its purpose was to simply provide some momentum to the project at a time when AGDC President Meyer has said quite publicly that he is done talking to the naysayers, and will engage only with people who support the project — whatever it is — from here on out. That means the Alaska Gasline Coalition is the group Meyer will be communicating with this year.

Subaru thefts are the new thing

The 907

Suzanne Downing

-

July 2, 2018

1

PRISON SHIRTS FOR SIX WOMEN, ONE MAN AFTER VEHICLE HEISTS

Over the weekend, Anchorage police officers with the Patrol Division and detectives with Property Crimes Unit made seven arrests in connection with vehicle theft investigations.

They also issued a warning to car owners that thieves have started targeting older model Subarus.

Police arrested:

Chelsey Sallaffie, 24, who was booked for Vehicle Theft 1, Leaving the Scene of an Accident, Reckless Driving, Harassment 1, Assault 4, Theft 2, and Resisting Arrest.

On Friday at 3:15 p.m., officers were dispatched to the 3900 block of Oregon Dr. for a report of a reckless driver. During the traffic stop, officers discovered the vehicle was reported stolen.

They took Sallaffie, the driver of the red Chevy pickup, in custody. Sallaffie was screaming and being uncooperative with officers while being detained. She was kicking at officers and spit in one officer’s face. Officers also discovered the she was wanted for a hit and run collision that occurred earlier that day at 5^th Ave. & Cordova St. This is APD Case: 18-26117 and 18-26125.

Lydia Barce, 25, also known as Lydia Anne Payne Barce, was arrested for Vehicle Theft 1, Theft 2, and Theft 4. On Saturday, at around 3:30 a.m., officers with the Patrol Division were in the area of the 4600 block of Spenard Rd. when they observed a 1991 red Subaru Legacy in the parking lot of the Alex Hotel with Barce in the driver’s seat. The Subaru was reported stolen. This is APD Case: 18-25961

Mary Waskey, 34, was arrested for Vehicle Theft 1 and Theft 2. On Saturday, at around 3:15 p.m., officers with the Patrol Division were dispatched to the 7500 block of Boundary Ave to recover a stolen 1999 green Subaru that was in Waskey’s possession. She was taken into custody. APD Case: 18-26158

Gwendalyn Brooks, 30, was arrested for two counts of Vehicle Theft 1, two counts of Theft 2, Eluding, and Resisting Arrest. On Sunday, at around 1:50 p.m., officers with the Patrol Division ran a license plate of a 1987 gray Toyota pickup in the Airport Heights area and the vehicle was listed as stolen.

When a traffic stop attempt was made, the driver – later identified as Brooks – refused to pull over and kept driving. When officers finally stopped the vehicle, Brooks exited and started to run; she was apprehended and the passengers were called out of the truck.

Brooks was uncooperative when being questioned by police. She was taken into custody along with the other passengers. Through the investigation, there was enough evidence to confirm that Brooks had stolen another vehicle as well – a 2005 red Chevy pickup that had been reported stolen the day before. This is APD Case: 18- 25444 and 18-26226

Tashia Lee Seton, 27, was a passenger in the stolen gray pickup with Gwendalyn Brooks. She was found to be in possession of meth at the time of the incident. Seton was arrested for Misconduct Involving a Controlled Substance 2, Criminal Mischief 5, and an existing Misdemeanor Warrant for Fail to Appear. This is APD Case: 18-25444

Florence Giannini, 50, was also a passenger in the stolen gray pickup with Gwendalyn Brooks. Giannini was arrested for Criminal Mischief 5. This is APD Case: 18-25444

Joseph Artz, 31, was arrested for Vehicle Theft 1 and Theft 2. On Sunday at around 3:55 p.m., officers with the Patrol Division located a stolen vehicle in the Carrs parking lot at 5600 Debarr Rd. The vehicle, a 2003 blue Toyota 4Runner, was unoccupied. When Artz returned to the vehicle, he was taken into custody. APD Case: 18-26395

Detectives have also discovered that car thieves are now targeting late 1990’s model Subarus. Criminals are shaving or filing down keys and using them to open the doors and start the vehicles.

Police provided this photo from the arrest of Lydia Barce in which multiple keys were found possibly connected to other investigations.

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