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Cole Memo: Why Jeff Sessions is right on marijuana enforcement

Columns

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January 8, 2018

Cole Memo: Why Jeff Sessions is right on marijuana enforcement

THE COLE MEMO IS SWAMP LAW

U.S. Attorney General Jeff Sessions last week rescinded what is known as the “Cole Memo,” which states the federal government isn’t going to chase marijuana prosecutions in states where it’s legal.

It was the policy of the Obama administration to not interfere in states where pot has become the newest business on the block. The Alaska D.C. delegation and the governor of Alaska posted their objections to Sessions’ move. Sen. Lisa Murkowski called the move “regrettable.”

[Read: Quote of the Day: Sen. Dan Sullivan on Cole Memo]

The governor went all “me-too-state’s-rights” on the Trump Administration.

But Must Read Alaska differs with our delegation and governor. Here’s why:

The Cole Memo, like it or not, was Swamp Law, a product of the Deep State, where law is promulgated through memos and regulations, without Congress’ involvement. It’s a chicken’s way of getting around lawmakers.

Jeff Sessions has a point: The Cole Memo amounted to law. Laws should not be made via memo. Laws should be made by Congress.

Pot businesses who depend on one memo for their legality know they are out on a limb, and yet they’ve pioneered ahead, hoping that eventually legal marijuana will be settled law. The Cole Memo never did that, but only prioritized federal law enforcement.

The marijuana industry’s hair went on fire over the Sessions move last week, and their stocks stumbled, but all the attorney general really said is that it’s still up to federal prosecutors to decide whether to prosecute marijuana crimes in states where its use is legal. He did not call for any specific action to be taken. He just tore up the Cole Memo.

Under Article II of the Constitution, the executive branch is obligated to “take care that the laws be faithfully executed.” But resources have to be prioritized in law enforcement, so the effect of unwinding the Cole Memo is unclear.

What does Alaska’s U.S. Attorney say he’ll do?

He was intentionally vague. Bryan Schroder said he’ll follow federal law enforcement priorities. Drug enforcement is one of those priorities. He didn’t say whether he views marijuana in that drug category, and he left himself as much wiggle room as politically possible.

Eight states and the District of Columbia allow recreational and commercialized cannabis. Alaska is one of those states. Since the advent of legal commercialized cannabis, it’s been one of the only (ahem) growth areas in a bleak Alaska economy.

SMOKE THIS

The chair of the Alaska Marijuana Control Board quit last week after the reversal of the Cole Memo.

The now-former chairman, Soldotna Chief of Police Peter Mlynarik, served in the board’s seat reserved for law enforcement, and said if marijuana was ambiguously illegal, he might find himself in an odd position of having to arrest someone for selling pot at a licensed establishment.

Who will replace him? The board makes the policy that is having profound impacts on local governments and is reshaping communities, as pot stores are pop up across the state. It’s an important public service to serve on this board. People with a public safety background may apply for this seat.

The next seat that will open up is the public health seat now occupied by Juneau resident Loren Jones.

Dunleavy resigning to focus on campaign

Politics

Suzanne Downing

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January 7, 2018

14

Sen. Mike Dunleavy is stepping down from the Alaska Senate so he can focus on his race for governor.

He covered his district from Glennallen to Palmer on Saturday, visiting with people in the district and at the local Republican district conventions. He talked to “his employers” — the people he represents — about the decision.

Dunleavy was also featured along with gubernatorial candidate Scott Hawkins at a Republican event on Saturday night, where he spoke to 80 people at a fundraiser and auction for the party.

Dunleavy represents Senate District E and his term ends in January 2019. Even if he didn’t resign, he would not represent this district next year. But by stepping aside now, he will focus on fundraising, something he would otherwise be prohibited from doing once the legislative session started on Jan. 16, and something that is essential for any competitive candidate.

State law prevents sitting legislators from raising funds while the Legislature is in session, a problem that Rep. Mike Chenault faces in his run for governor.

The prohibition likely factored in to Sen. Charlie Huggins’ retirement from the Senate last year, as he is also a candidate for governor. Ironically, the sitting governor himself is under no such restrictions.

Tuckerman Babcock, chairman of the Alaska Republican Party, says that under the party’s rules, (Article 1, Section 8), the district committees of the affected areas — House Districts 9 and 10 — will meet, notify the public of the vacancy, gather applications, verify the candidates’ qualification, and forward three names to the governor. The governor will make his pick, which then must be confirmed by Republican members of the Senate.

Mat-Su Borough Assembly member Randall Kowalke has already filed with the Alaska Public Offices Commission for the District E seat as a candidate for the August primary.

Pam Goode of Delta Junction has filed as a candidate, but has not indicated whether she’s trying for the House or Senate. She recently returned to the Republican Party after being a registered member of the Alaska Constitution Party.

Rep. George Rauscher and Rep. David Eastman are both considering applying for appointment to Dunleavy’s seat. Rauscher confirmed late Saturday that he will be submitting his letter of interest to the party’s district leaders when Dunleavy made an announcement. Eastman said he was talking to people in the district and had not made up his mind.

Last year, during the budget deliberations in the Senate, Dunleavy removed himself from the Republican Majority caucus over a disagreement about whether to cut the Permanent Fund dividend that Alaskans receive each year. Two years ago, Gov. Bill Walker cut the dividend in half, and during 2017, the Senate continued the practice. Dunleavy has been an advocate of fully funding the dividend under the previous formula.

Dunleavy earlier this week announced he had hired campaign staff of Brett Huber for his campaign manager and Amanda Price as deputy campaign manager. He appears to be 100 percent committed to his campaign, which is why it comes as no surprise that he is withdrawing from the Senate before session starts on Jan. 17.

Who will Democrats pick? District 40 candidates for House

Politics

Suzanne Downing

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January 7, 2018

1

Who will Democrats pick? District 40 candidates for House

Nine applicants for the District 40 House seat include four women and four men. Eight of them are under consideration, as the ninth applicant was disqualified by the Alaska Democratic Party due to residency.

The applicants are, as expected, all Democrats and seven of the eight are from Kotzebue, the community from which Westlake comes. Presumably they voted for Rep. Dean Westlake in 2016; he recently resigned his House seat in disgrace after being accused of multiple counts of sexual harassment.

The Alaska Democratic Party worked hard to get Westlake elected over the previous incumbent, Rep. Ben Nageak of Barrow. Westlake won by eight votes. Shortly after he was sworn in as a legislator, he began harassing women in the Capitol and the Capital City, as he had done in his home town for many years.

The party will interview the candidates and forward three names to the governor, who will pick one, and that name will need to be confirmed by House Democrats. The whole process needs to be completed by Jan. 16 in order to swear in Westlake’s replacement before session starts, otherwise the House Democrat-led majority could start with a weak caucus, with 21-19 split between the Indie-Democrats and Republicans.

Here are the District 40 candidates:

Dr. Lewis Pagel, chiropractor at Arctic Chiropractic Kotzebue, and member of Kotzebue City Council. Originally from a small town in Wisconsin, he had a debilitating skeletal condition as a child that was corrected through chiropractic, which led him to the field. He ended up in Kotzebue. The only non-Native to apply for the District 40 House position.

Eugene Smith, member of Kotzebue City Council. Former mayor of Kotzebue. Former chief of staff to the mayor of Northwest Arctic Borough; formerly employed by Maniilaq Native Association.

Sandy Shroyer Beaver, member of Kotzebue City Council and former member of the local school board, former school board president. Business Office Manager at Maniilaq Association, foster care specialist.

Patrick Savok, chief of staff for the mayor of the Northwest Arctic Borough; former government affairs director for the borough. Former assemblyman, Northwest Arctic Borough. Formerly employed by Akima, a Nana supply chain subsidiary. Alaska Pacific University and Kotzebue High School graduate; volunteer firefighter.

*Timothy Gavin Jr., photo by Stephen Miller, Yes Magazine*

Timothy Gavin Jr., Buckland. Mayor of Buckland. Also works for Maniilaq Native Corporation. He has lived in Buckland for 46 years, has a dozen children and several grandchildren, and has been a foster parent for many years. He has been a licensed gun dealer since 1997. Gavin served on the Buckland search and rescue team for over 30 years.

Rosie Hensley, Kotzebue, former general manager of Kotzebue Broadcasting. Niece of former State Sen. and Rep. Willie Hensley. Hensley, in an interview with KTUU, confirmed the accounts given regarding a woman at KOTZ being harassed by former Rep. Dean Westlake, who had been subsequently banned from volunteering at the station. Not known: Did she have the courage to speak against Westlake’s candidacy before the election in 2016?

Nicole Stoops, Kotzebue, executive director, Native Village of Kotzebue. Former candidate for school board. Married to Jake Stoops, nephew of lobbyist Reed Stoops of Juneau. Born and raised in Kotzebue.

Leanna Mack – Barrow-Utqiagvik, formerly an advisor to North Slope Borough Mayor Harry Brower. Graduate, Columbia Southern University. The Democratic Party would probably pass on her because Westlake came from the Kotzebue area. The party and the governor will likely want someone from that part of the district.

Four victories, common purpose, one great year ahead

Columns

Suzanne Downing

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January 7, 2018

8

By SEN. DAN SULLIVAN

As Alaskans, there’s no doubt that we face significant challenges, including high crime rates, especially domestic violence and sexual assault, thousands of Alaskans struggling with addiction, and a continuing recession that has left too many without jobs. These are issues that I’ll continue to focus on in the coming year.

But when I look out at 2018, I am struck by one overriding feeling for our state: optimism. There are numerous reasons for this.

First, the cornerstone of Alaska’s economy — responsible resource development — is making a dramatic comeback. Congress’ recent action to open the 1002 area of the Alaska National Wildlife Refuge is a key part of this. For decades, thousands of Alaskans — Democrats, Republicans and Alaska Natives — have advocated for opening ANWR.

And despite millions of dollars spent by opponents of this Alaska dream, reinforced by the stale and truth-challenged talking points of their allies like Sen. Maria Cantwell, D-Wash., and a national media that was consistently hostile to opening ANWR, we did it.

This is an important victory for all Alaskans. But our comeback is not just about ANWR. Several new discoveries and developments on the North Slope, including a significant expansion of the Point Thomson field, all point to the potential for billions of dollars of new investment, significant increases in trans-Alaska oil pipeline throughput and state revenues, and hundreds if not thousands of good-paying Alaska jobs.

At long last, we also now have a federal government that once again wants to be a partner in opportunity for Alaska, not an obstacle. For all of these reasons, our state has the potential to again become one of the hottest energy plays in the world.

But it’s not just oil and gas that make Alaska’s natural resources the envy of the world. Alaska has the most sustainable and abundant fisheries in the world, supporting tens of thousands of jobs in our state. As chair of the Senate Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard, I am working to make sure that Alaska remains the superpower of seafood by increasing market opportunities for our world-class products and streamlining federal regulations that often encumber family-owned vessels.

Second, due to the historic tax reform bill that was just signed into law, middle-class Alaskans will see bigger paychecks which will help our families who are seeking to offset Permanent Fund dividend cuts.

For example, according to a Washington Post tax calculation, under the new law an average family of four, making about $75,000 a year, will get about $200 more a month in take-home pay, or about $2,400 a year, and a single parent making $41,000 a year will get a $1,400 tax cut. Our Main Street businesses will also see relief and will be given the incentive to reinvest here in Alaska, and help get us out of a recession.

Third, we are accelerating ways to add much-needed diversification to our economy. Tourism businesses are increasing, as are other small businesses like micro-breweries and distilleries. Recent technological investments across our state — particularly in our telecommunications industry — have the potential to turn Alaska into a global tech corridor. Young Alaskans, with their energy and entrepreneurial spirit, will be key to creating the next generation of businesses and industry. The best way to unleash their energy and spur diversification is through policies of less government, and more economic freedom. That’s what this tax bill and current efforts at regulatory relief are doing.

Fourth, we are reversing federal policies that slashed defense spending and attempted to significantly reduce military forces in Alaska. In the face of rising global national security threats, we successfully fought to stave off these misguided cuts, which would have hurt economies in Anchorage and Fairbanks. Further, we’ve made the case to our colleagues in Congress and the executive branch that because of Alaska’s strategic location, we should be a destination for more troops, including those serving in the Coast Guard, and more military investments. In the last three years, we’ve been able to authorize more than $1 billion for military construction in our state.

Nowhere is this more important than in our missile defense system, where a bill that I authored — the Advancing America’s Missile Defense Act — recently became law as part of the broader National Defense Authorization Act. This included an additional $200 million that has just been appropriated to build a much-needed missile field at Fort Greely. Enhanced missile defense is important for America’s national security in the face of threats from North Korea and Iran, but will also provide hundreds of good-paying jobs for Alaskans.

TEAMWORK IS KEY

Finally, we’ve relentlessly advocated for getting outstanding Alaskans into the highest levels of the Trump administration to implement these policies and to protect Alaska’s interests. Former DNR Commissioner Joe Balash is now the assistant secretary of the Interior, in charge of all oil, gas and mining activities on federal lands. Chris Oliver is the first Alaskan to permanently head up all federal fisheries for NOAA. Former Alaska state Senate President Drew Pearce is a senior official at the U.S. Department of Transportation. Chris Hladick, Alaska’s former commissioner of commerce, is now the Region 10 EPA Administrator. And Tara Sweeney was recently appointed by President Trump to be the U.S. assistant secretary of Interior for Indian affairs — the first Alaskan to hold this important position.

All the pieces are in place for Alaskans to work together toward a common purpose — creating a more prosperous, vibrant state, where all people and all cultures are respected, where we are safe in our homes and in our neighborhoods, where our great entrepreneurial spirit can be set free and where our families and children view Alaska as a place of unlimited opportunity and promise for generations to come. In the upcoming year, Sen. Lisa Murkowski, Congressman Don Young and I will work as hard as we can with you to make sure those pieces come together.

Happy new year, Alaska. It’s an honor of a lifetime to serve you.

Sen. Dan Sullivan, R-Alaska, was elected to the U.S. Senate in 2014.

King Cove Road land swap is a ‘go’

Politics

Suzanne Downing

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January 6, 2018

1

The Washington Post reports today that a land swap will be signed this month to allow a one-lane gravel road to be built between King Cove and the all-weather airport in Cold Bay, Alaska.

But no one in an official capacity in Washington is saying anything. The Department of Interior has kept mum, and the Alaska delegation in D.C. hasn’t issued comment.

That is highly unusual. For good news on improvements for Alaska they have worked hard to achieve for a decade, one would expect a press release, if not a champagne bottle being popped.

But nothing.

Even Gov. Bill Walker, who often gets ahead of the delegation in announcing good news, has remained tight-lipped.

At this point The Post based its story solely on an interview it had with King Cove City Administrator Gary Hennigh, who said the land exchange was agreed to but not formally signed.

And there was probably a leak from a lobbyist somewhere along the way to the Post.

Now that the Arctic National Wildlife Refuge has been opened for oil exploration in the 1002 area, the road from King Cove to Cold Bay would be another big deliverable for the team of Sens. Lisa Murkowski and Dan Sullivan and Congressman Don Young. The three, who are aligned on most issues for Alaska, have made the road one of their top priorities.

The official silence leads Must Read Alaska to believe something positive is happening on the King Cove Road and MRAK has received information from Washington sources that the president has taken an interest in getting the King Cove Road built. The land swap agreement could be just weeks away.

The history of the battle for the King Cove road goes back a decade. After several people died in airplane crashes in King Cove, Sen. Murkowski crafted legislation that would add 56,000 acres of state and tribal lands to the Izembek National Wildlife Refuge in exchange for allowing King Cove to build a single-lane, gravel road to the airport.

Murkowski’s legislation was signed into law in 2009, but Interior Secretary Sally Jewell refused to act on the land exchange.

[Read the Washington Post story here]

[Read: King Cove Road moves out of committee]

Police arrest 10, including notorious Kirlin brothers

The 907

Suzanne Downing

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January 6, 2018

9

Police arrest 10, including notorious Kirlin brothers

What a haul.

Anchorage Police Department’s new Investigative Support Unit arrested 10 people over a 24-hour period last week.

The arrests started at about 6:45 pm on Thursday with felony warrants on Joe McMasters, 25, and Matthew Irwin, 37. The charges related to theft and vehicle theft.

An hour later things got interesting. Officers stopped a car in the parking lot of the Dimond Mall and found that all the people in it had outstanding warrants.

Two of the occupants were well-known to law enforcement because they had once been the victims of a horrific kidnapping and attempted murder in October of 2016: The Kirlin brothers.

ONCE SHOT, LEFT FOR DEAD

In 2016, Kevin Kirlin, 23, and Keeton Kirlin, 24, (then 22 and 23) had been kidnapped, assaulted, and left for dead on the Palmer side of Hatcher Pass, where a passerby discovered them severely beaten and shot multiple times. They were wearing only underwear and t-shirts.

While recovering in the hospital, they told police that they had gone to an apartment in the Mountain View neighborhood in Anchorage to look for a missing pinky ring that one of them had lost while purchasing meth at the apartment a week earlier. They got into a fight with two men at the apartment over a stolen wallet.

Kevin and Keeton were pistol whipped by three men, bound, and dumped out of that Thompson Avenue apartment window into their own 2005 Subaru. Their armed assailants drove them to Hatcher Pass, where the brothers were shot and left along the side of the road. They tried to flag down drivers, they said, but four drivers passed them without even stopping. Finally, a driver discovered them at 4:30 am and called 911.

The arrest and trial of their kidnappers were widely reported in 2017 by the news media.

[Read: Brothers kidnapped, shot, left for dead]

SLOW LEARNERS

Between October 2016 and Thursday night, evidently the Kirlin brothers were recovered from their gunshot wounds and were back in business and getting into trouble. By now they each had a long rap sheet, but they were like a two-man “Allstate Mayhem guy,” stealing hub caps and anything else that wasn’t nailed down.

When officers stopped their car in the Dimond Mall parking lot, they had outstanding warrants. Kevin was wanted on charges related to Robbery 1 and Assault 3. He had been out on bail for Class C felonies, including, “causing of fear of injury with a weapon,” and Class A felony, armed robbery. And he failed to show up in court.

Keeton, also known as Keeton Mutch, pled guilty in 2016 to drug charges, and at the time of his arrest last week had a misdemeanor warrant for failing to stop at the direction of an officer.

Others in their vehicle on Wednesday were also wanted by the law: Corrina Steinman, 27, had a felony warrant for a probation violation and drug charges. Cody Mitchell, 29, was on parole for Theft 2, and was arrested for a parole violation. Roseanna Baehm, 24, gave officers a fake name, pretending to be her sister. When they discovered she was lying, they also found she had a felony warrant for her arrest from a 2015 drug case.

Police found drug paraphernalia in the car and the vehicle was impounded. All occupants went to jail. It’s unknown how many of them have been released.

ANOTHER KIRLIN

But then another Kirlin was arrested that night.

At 9:30 pm, officers stopped a car at a gas station on West Dimond Blvd. Christopher Kirlin, 31, who is a brother of the Kirlins who were arrested earlier in the evening.

Police said he was arrested on a felony warrant for violating parole in regard to drugs and forgery. He was listed as a “red flag” “assaultive” offender and has a history of felony assault.

In fact, while officers were arresting him, he tried to consume some drugs that appeared to officers to be opioids.

He was also charged for misconduct involving a controlled substance. The passenger of the car, Lindy Bowie, 28, had a misdemeanor warrant for her arrest.

HEROIN, METH AND PIPE BOMB

On Thursday afternoon, officers learned that a person they’d been searching for, Patricia England, 49, was at Providence Hospital. They had been looking for her and Mona Galliher since last November as part of a long investigation into a heroin and meth ring.

England had a warrant for six counts of misconduct involving a controlled substance, weapons violations, theft, and promoting contraband. The England and Galliher cases are related to a major heroin and meth drug ring in the Anchorage area.

That case began in December, 2015 with heroin purchases by undercover detectives, leading to a year and a half investigation, multiple searches, and the discovery of heroin, marijuana, digital scales, repackaging materials, $200,000 in cash, hundreds of prescription pills that includes oxycodone, nearly a dozen firearms, and a pipe bomb.

The Investigative Support Unit was created last October in an effort to assist detectives and patrol officers. The unit is not tied to calls for service, but conducts long-term investigations. Since its creation, the team has arrested more than 60 for various charges.

Rep. Tammie Wilson calls for House Rules Chair LeDoux to step down

Politics

Suzanne Downing

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January 6, 2018

6

LEDOUX FAILED TO TAKE ACTION ON SEXUAL HARASSMENT

Rep. Tammie Wilson of North Pole today called for the resignation of House Rules Chair Rep. Gabrielle LeDoux for failing to meet the requirements of her position and placing legislative staff safety at risk.

Rep. Wilson said she refuses to go along with “the dog and pony show currently being put on by House leadership.”

[Read: LeDoux: Take training or your staff is fired]

Since March a sexual harassment complaint from a staffer accusing a sitting legislator of wrong doing sat neglected by Rep. LeDoux, whose role includes protecting legislative staff. Her inaction in that case — whether she was complicit in the cover-up or simply was kept out of the loop by her own House majority leaders — very likely allowed more individuals to be victimized.

Just recently Rep. LeDoux announced sexual harassment training would be required for all staff and legislators, in an apparent attempt to deflect attention from the House majority scandal. She went on to threaten Rep. Wilson and others legislators that if for any reason they chose not to participate in the training then she would fire their session staff.

“Its disingenuous to hear the Rules Chair say sexual harassment is a priority, when for months nothing was done about a case involving their own,” said Wilson in a press release. “I support sexual harassment training. What I cannot support is using training as an excuse for disregarding duties as Rules Chair.”

In December, Wilson sent a request to LeDoux requesting a third-party investigation to review all sexual harassment complaints, which would include the neglected case from March.

“All employees who have filed a complaint of sexual harassment must be assured that we have a process in place whereby sexual harassment allegations are taken seriously and investigated swiftly, thoroughly, justly, and, after the review they are not stigmatized or retaliated against,” Wilson said.

Wilson wants the past victim vindicated and the cover up investigated. She also raises questions about what consequences there will be for those who covered-up these allegations? What recourse can victims take against those whose inaction allowed them to be violated?

“Rep. LeDoux failed to do her job to protect staff and continues to allow the cover-up of the Democrat led leadership of the House,” said Wilson. “It’s time for her to resign.”

LeDoux is not the only woman in the House Democrat-led majority to not hold leadership accountable. Representatives Geran Tarr, Ivy Spohnholz, and Louise Stutz have remained silent on the apparent concealment of a complaint by a staff member of Rep. Scott Kawasaki’s, who lodged a sexual harassment complaint last March but was ignored by Speaker Bryce Edgmon, House Majority Leader Chris Tuck and, it would seem, Rules Chair LeDoux.

The woman eventually quit working for Kawasaki and finally went public with her complaint in December.

In addition to Wilson’s request for LeDoux’s resignation, Rep. Colleen Sullivan-Leonard, Mike Chenault, and House Minority Leader Charisse Millett have requested an independent investigation of the possible cover up and apparent collusion.

Anchorage Daily Planet

Suzanne Downing

-

January 5, 2018

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Paid for by Vote Edie Grunwald, P.O. Box 896, Palmer, AK 99645

Applicants for District 40 seat revealed

Politics

Suzanne Downing

-

January 5, 2018

2

Applicants for District 40 seat revealed

The following people in District 40 have submitted their names to Alaska Democrats for consideration. The seat vacated when Rep. Dean Westlake was forced to resign will ultimately be chosen by the governor, but Democrats will offer three names from this list for Gov. Walker’s consideration :

Sandra J. Shroyer Beaver, Kotzebue
Timothy E. Gavin, Jr., Buckland
Rosie Hensley, Kotzebue
Leanna Mack, Barrow-Utqiagvik
Lewis J. Pagel, Kotzebue
Patrick Savok, Kotzebue
Eugene S. Smith, Kotzebue
Nicole N. Stoops, Kotzebue

The party received the name of Richard J. Frank, but rejected it, without specifying a reason. Must Read Alaska has learned the party received nine applications. They must offer their final recommendations to the governor no later than Jan. 15.

Cole Memo: Why Jeff Sessions is right on marijuana enforcement

Dunleavy resigning to focus on campaign

Who will Democrats pick? District 40 candidates for House

Four victories, common purpose, one great year ahead

King Cove Road land swap is a ‘go’

Police arrest 10, including notorious Kirlin brothers

Rep. Tammie Wilson calls for House Rules Chair LeDoux to step down

Applicants for District 40 seat revealed

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