# Crime



Iowa reaction to Supreme Court ruling on Arizona immigration law

The U.S. Supreme Court on Monday struck down three provisions of Arizona’s law against illegal immigration while letting one key part of the law stand for now. More details on the ruling are after the jump, along with reaction from Senator Chuck Grassley and Representative Steve King (IA-05). I also sought comment on whether Governor Terry Branstad would seek to enact a “show your papers” statute in Iowa.

On a related note, I included last week’s comments by Representative Bruce Braley (IA-01) and his GOP challenger Ben Lange on the Obama administration’s new deportation policy.

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Iowa reaction to Obama's new policy on deportations

President Barack Obama announced today that his administration will no longer deport some illegal immigrants who were brought to this country as children. Details on the policy are after the jump. Senator Tom Harkin welcomed the change, but Senator Chuck Grassley and Representative Steve King denounced what they called an “amnesty” policy. At this writing, other Iowa elected officials have not commented publicly on the issue.

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Nice work if you can get it

Would you like to earn $90,000 a year supervising three employees, about whose work you have no expertise or professional background?

Sorry, you can’t get that job. In fact, you can’t even apply for that job, because Governor Terry Branstad considered no one else before giving the position to retiring Iowa House Republican Steve Lukan.

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Weekend open thread: Violence prevention edition

Domestic violence has become a political football lately as members of Congress spar over reauthorizing the Violence Against Women Act.

Since April is Child Abuse Prevention Month and Sexual Assault Awareness Month, I posted below numerous non-political links about ways to prevent violence and resources for victims of violence.

This is an open thread. What’s on your mind this weekend, Bleeding Heartland readers?

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Harkin yes, Grassley no on reauthorizing Violence Against Women Act

The U.S. Senate voted today to reauthorize the Violence Against Women Act. All 53 members of the Democratic caucus voted for the bill, including Senator Tom Harkin. Fifteen Republican senators, including all five women, also voted yes. Chuck Grassley was one of the 31 Republican men who voted no.

Details on today’s votes and substantive changes to the Violence Against Women Act are after the jump, along with a lengthy floor statement by Grassley explaining his preference for a “consensus” measure over what he called a “political exercise” by Democrats.

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Guilty verdict in second trial of Iowa Occupy protesters

A Polk County District Court jury returned a guilty verdict this afternoon in the trespassing trial of Hugh Espey and David Goodner. According to the Des Moines Register, jurors deliberated for nine hours before reaching a verdict. It was the second prosecution of Occupy protesters arrested last October on the state capitol grounds. Last month a Polk County jury acquitted former State Representative Ed Fallon on the same trespassing charge, accepting his First Amendment defense.

Background on this week’s trial is after the jump. UPDATE: Defense attorney Sally Frank is likely to appeal. Scroll down for details.

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Lockdown at state capitol: Abdul-Samad receives letter with suspicious powder

The Iowa capitol is currently under lockdown. Sometime before 4 pm this afternoon, State Representative Ako Abdul-Samad’s clerk was opening mail in the Iowa House chamber while House members were debating a bill on banning traffic cameras. One envelope contained white powder and a threatening message. According to a source inside the House chamber, powder got on the clerk, Abdul-Samad, and the carpet. Radio Iowa reported that debate was suspended at 3:47 pm. About an hour later, visitors were asked not to leave the building.

As of 5:30 pm, two yellow-suited hazmat workers are in the House chamber trying to determine whether the white powder is dangerous. Other than Abdul-Samad, who was taken to another room, most of the state representatives are in the chamber, as are many of their clerks and Iowa House Republican and Democratic staff. Some lobbyists are in the House gallery, having taken seats there to watch debate before the lockdown.

UPDATE: Further news on this story is after the jump.

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Iowa legislature post-funnel news roundup

The Iowa legislature’s second “funnel” deadline passed on Friday, which means that most non-appropriations bills are dead unless they have been approved in one chamber and in at least one committee in the other chamber. It’s time to catch up on the most significant bills being debated in the Iowa House and Senate.

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Former Postville interpreter makes case against Stephanie Rose as judge

Last month President Barack Obama nominated Stephanie Rose, U.S. attorney for Iowa’s northern district, for a federal judgeship in Iowa’s southern district. If confirmed, Rose would become the first woman to serve as a district judge in Iowa’s southern district. Today the Des Moines Register published an opinion piece urging U.S. senators not to “rubber-stamp” Rose’s nomination.  

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Iowa House Democrats walk out rather than debate gun bills (updated)

All 40 Iowa House Democrats left the state capitol this morning to protest Republican House leaders’ plans to debate a bill and a proposed constitutional amendment that are among gun advocates’ highest legislative priorities.

UPDATE: Democrats returned late in the day, and I’ve added details below on the House floor debate and passage of both bills the evening of February 29.

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Ten views of the mortgage settlement

Iowa Attorney General Tom Miller announced yesterday “a landmark $25 billion national joint federal-state accord over mortgage foreclosure abuses and fraud, and unacceptable nationwide mortgage servicing practices.” My gut says this deal lets lenders off too easily and will do virtually nothing for most foreclosure fraud victims. A $2,000 check isn’t much for people who wrongfully lost their homes, and the amount earmarked for principal reductions would rescue only a tiny fraction of “underwater” borrowers.

I’ve posted five versions of the case for the agreement after the jump, along with five statements from critics of the deal. Miller’s press release includes details on what borrowers in Iowa could receive. Please share your perspective in the comments.

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Weekend open thread: Crime and punishment edition

Crime and punishment are on my mind this weekend. Yesterday two men were sentenced for breaking into Representative Leonard Boswell’s farm house last July, and an Iowa Democratic operative was charged with perpetrating identity theft against Secretary of State Matt Schultz. Follow me after the jump for more on those and other crime-related stories.

This is an open thread; all topics welcome. The Bleeding Heartland thread on the South Carolina primary results is here.  

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Where the Iowans in Congress stand on SOPA and PIPA

Wikipedia, Reddit and many other websites are dark today to protest the Stop Online Piracy Act (SOPA) and the Protect Intellectual Property Act (PIPA), now pending in the U.S. House and Senate. Momentum appears to have shifted against this legislation in its current form, but a modified bill might still pose a threat to freedom of information. I sought comment on this legislation from all members of Iowa’s Congressional delegation.

UPDATE: Added Representative Bruce Braley’s statement opposing SOPA below, along with a comment from Representative Steve King’s office.

LATER UPDATE: A statement from Representative Leonard Boswell is now below as well.

THURSDAY UPDATE: Added a YouTube video about SOPA, released by Braley’s re-election campaign.

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The 10 biggest Iowa political blunders of 2011

Let’s review the most boneheaded moves from the year in Iowa politics.

This thread is not about wrongheaded policy choices. It may be stupid to cut early childhood education programs, kneecap the state Environmental Protection Commission, or pass an “ag gag” bill that would never survive a court challenge. Yet all of those actions carry potential political benefits, since they appeal to well-funded interest groups or a large group of voters.

My top ten list of Iowa politicians’ mistakes is after the jump.

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Obama's latest housing plan may be too little, too late

President Barack Obama went to Las Vegas yesterday to unveil his administration’s latest proposal to help homeowners facing possible foreclosure. About a quarter of all U.S. homeowners are “underwater,” which means their homes are not worth as much as they owe on their mortgages. Nevada has an extremely high foreclosure rate and suffered one of the worst boom-bust cycles in the housing market. It’s also a swing state in presidential elections, which made it a perfect venue for Obama yesterday. I wish his team were putting as much effort into crafting a housing policy that would help people.

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Tom Miller should quit while he's behind

A full year has passed since Iowa Attorney General Tom Miller became leader of a 50-state working group to investigate mortgage fraud. In recent months, seven Democratic attorneys general have broken away from efforts to reach a broad settlement with major lenders, as the flaws in Miller’s approach to negotiations have become more clear. This week news broke that the AG working group are offering new concessions in order to reach a deal with financial institutions.

Miller should give up this charade.  

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Opposition growing to Tom Miller's sweetheart deal for banks

Iowa Attorney General Tom Miller kicked his New York counterpart Eric Schneiderman off the executive committee for the 50-state working group on foreclosure fraud yesterday. As leader of the working group created last October, Miller has drawn criticism for negotiating lenient terms for major lenders and not investigating some shady foreclosure practices. His latest move is another sign that Miller leans toward terms favored by banks and their Obama administration allies.  

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IA-03: Rove group runs tv ad, Boswell discusses break-in

The battle of the incumbents in Iowa’s third Congressional district will be one of the most closely-watched House races in the country in 2012. Yesterday Karl Rove’s 501(c)4 group Crossroads Grassroots Policy Strategies launched a television commercial targeting eight-term Democrat Leonard Boswell. Similar spots went up against nine other Democratic incumbents, part of a $20 million summer advertising campaign by Crossroads.

Meanwhile, local media have devoted heavy coverage to the reported break-in attempt at Boswell’s southern Iowa farm on Saturday night. The latest comments from Boswell, his wife Dody Boswell, and law enforcement officers are after the jump, along with the Crossroads ad and annotated transcript.

UPDATE: Law enforcement officers have arrested two suspects in the break-in. Details are at the end of this post, along with statements from Leonard and Dody Boswell.

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Weekend open thread: John Edwards indictment edition

A grand jury indicted former Democratic presidential candidate John Edwards on June 3 on six counts of conspiracy, illegal campaign contributions, and false statements. Read the federal government’s case against Johnny Reid Edwards here (pdf). The charges revolve around more than $900,000 used to support Edwards’ mistress and a campaign staffer who claimed paternity of Edwards’ child. Prosecutors say that money, provided by the late Fred Baron and the heiress Bunny Mellon, should have been considered campaign contributions, in which case they were way over the legal limit for a presidential campaign.

Edwards looks ready to fight the charges in court. He told journalists in a brief statement that he “did wrong” but “did not break the law” and “never ever thought that I was breaking the law.” Federal election law is unusual in that violations are only considered criminal if the offending politician knew he or she was committing a crime. So prosecutors will have to prove that the gifts in question should be considered campaign contributions, that Baron and Mellon would not have made those gifts if Edwards had not been a candidate, and that Edwards knew he was breaking the law by submitting false reports to the Federal Election Commission. Edwards will contend that he had a longstanding friendship with Baron (who is deceased) and Mellon, and that they would have helped him conceal his extramarital affair from his family in any case.

So far legal analysts aren’t impressed by the prosecution’s case: see comments from Richard Pildes, Rick Hasen and Jeralyn Merritt. A 2002 FEC opinion involving a $25,000 loan to pay a divorce lawyer representing a member of Congress may support the Edwards defense. Looks like Bleeding Heartland user ragbrai08 was right to say Edwards should wait to see the indictment rather than cut a deal with prosecutors.

The Washington Post editorial board (never fans of Edwards) criticized the “novel application of the law” underlying this prosecution, adding, “It is troubling that the Justice Department would choose to devote its scarce resources to pursuing this questionable case.” Considering that no one has been prosecuted for systemic foreclosure fraud, making torture official U.S. policy or various other abuses, one does wonder why the Department of Justice has gone down this path. My theory is that the U.S. attorney in North Carolina is looking for a popular case to boost a future political career. The DOJ doesn’t mind the media circus and may even welcome the distraction from more pressing national issues.

This is an open thread. What’s on your mind this weekend? Bleeding Heartland readers of a certain age will remember Lawrence Eagleburger and Dr. Jack Kevorkian, who both passed away this week.

UPDATE: J. Andrew Curliss and Joseph Neff report more details about the plea bargaining negotiations preceding the Edwards indictments. Merritt thinks Edwards was right to turn down the government’s offers and predicts that there will be further negotiations before court proceedings begin.

Potential John Edwards indictment discussion thread

James Hill of ABC News reported this week,

The United States Department of Justice has green-lighted the prosecution of former presidential candidate John Edwards for alleged violations of campaign laws while he tried to cover up an extra-marital affair, ABC News has learned. […]

Edwards has been the focus of a lengthy federal investigation focusing on hundreds of thousands of dollars allegedly provided by two wealthy supporters. The government will contend those were illegal donations that ultimately went to support and seclude his mistress, Rielle Hunter.

Some unnamed sources suggest Edwards’ legal team is working on a plea agreement so that he would not have to stand trial. But a high-powered attorney for Edwards, former White House counsel Greg Craig, sounds ready to fight, asserting that “not one penny from the Edwards campaign was involved,” there is “no civil or criminal precedent for such a prosecution,” and the “Justice Department has wasted millions of dollars and thousands of hours on a matter more appropriately a topic for the Federal Election Commission to consider, not a criminal court.” Ben Smith reports for Politico that Craig

is said to be pushing for a trial and arguing that prosecutors will not be able to win in the vague and untested terrain of campaign-finance law – as he made clear in a defiant statement to reporters Wednesday. Edwards’s longtime friend and lawyer Wade Smith, a fellow veteran of the North Carolina courts, is said to be more inclined to settle. And Edwards himself appears, associates say, to be sorely tempted to take his chances in an arena that made his career and his fortune.

“John needs money. He needs to work, so he can’t give up his law license,” said a source who knows Edwards but who requested anonymity. “He thinks, ‘I get in that courtroom, I get in front of a North Carolina jury…’ “

For the sake of Edwards’ three children under age 18, I would advise him to settle in order to avoid jail time. But I don’t know the legal terrain and have no idea what his chances would be to escape conviction. If conducting an affair during a presidential campaign is any guide, Edwards isn’t risk-averse. Then again, Craig may just be posturing to negotiate a better plea deal for his client.

As far as I know, the money allegedly used to cover up Edwards’ affair came from large donations to his One America Committee (a PAC)–not his 2008 presidential campaign funds. I don’t know whether that makes any difference as a point of law.

Share any relevant thoughts in this thread.

UPDATE: Defense attorney Jeralyn Merritt discusses the case here:

If the U.S. Attorney is demanding a plea to a felony count, I suspect John Edwards will fight. I hope he does. Regardless of your opinion of John Edwards and his personal life, he’s the sole parent now to two young children. Mistreating a donation as a gift (particularly if you relied on the advice of your legal counsel in doing so), when there is a paucity of court decisions defining the difference between them, seems over the top.

If Edwards is offering to plead to a misdemeanor and probation, the Government should grab his proffered ounce of flesh and forego insisting on a pound. The only reason to demand a felony is to justify the cost of the Government’s absurdly lengthy and intrusive investigation.

Jan Crawford reports for CBS News on the arguments underpinning a potential Edwards defense:

Edwards’ legal team argues that the prosecution’s theory is unprecedented and wrong. They say there is only one case involving gifts to federal candidates that’s even remotely comparable — and it not only is distinguishable, but also was merely an advisory opinion by the FEC that never has been cited as authority for a criminal prosecution.

In that case, the FEC said a proposed gift to a federal candidate was illegal because the donor wouldn’t have made it if the candidate weren’t running for office. Edwards, on the other hand, had long-standing personal relationships with donors Fred Baron and Bunny Mellon that continued after he withdrew from the race. In fact, Edwards had lunch with Mellon on Thursday.

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Iowa House Republican charged with DWI

State Representative and Iowa House Education Committee Chair Greg Forristall (district 98) created an unfortunate teachable moment yesterday. A Pottawattamie County deputy stopped Forristall’s vehicle after seeing him drive uphill on the wrong side of Iowa Highway 92, nearly causing a head-on collision:

Forristall told the officer he had consumed some gin earlier in the day. Nearly two hours after being stopped, his blood alcohol content was .276, more than three times the legal limit, according to sheriff officials.

The deputy seized a bottle of gin that was nearly ¾ full from Forristall’s vehicle. He was arrested on a charge of driving while intoxicated, cited for driving on the wrong side of the road and released later on a $1,000 bond.

Forristall issued a statement apologizing to “my family, friends and constituents,” adding that “I fully accept the consequences of my actions.”

I doubt this incident will end his political career. Last year, Republican State Representative Erik Helland (district 69) didn’t draw any general-election opponent despite a drunk driving arrest in the summer. There weren’t many write-in votes against Helland, and he was named House majority whip after the November election.

House district 98, covering Mills County and part of Pottawattamie, is so heavily Republican that Forristall hasn’t had a Democratic opponent the last two general elections. Redistricting put him in the new House district 22, covering most of Pottawattamie outside Council Bluffs. The district has a huge Republican voter registration advantage.

Iowa politicians from both parties have been arrested for drunk driving in recent years. It should not be so difficult for lawmakers to ask someone else for a ride when they feel like drinking, especially if they have had enough to reach a blood alcohol level of 0.276. That level can cause “severe motor impairment” and/or loss of consciousness. It’s lucky that no one was injured before the officer stopped Forristall.

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Thoughts on Branstad's voting rights executive order

On his first day back in office, Governor Terry Branstad rescinded Governor Tom Vilsack’s 2005 executive order on felon voting rights as well as Governor Chet Culver’s 2010 order on project labor agreements. By prohibiting project labor agreements on public works projects involving state funds (executive order 69), Branstad will drive down wages and help contractors that don’t hire unionized workers.

Branstad defended his voting rights directive (executive order 70) as a way to protect crime victims while recouping more fines and court costs. However, the main impact will be to shrink the Iowa electorate. Follow me after the jump for more background and analysis.  

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Miller speaks about nationwide foreclosure investigation

Iowa Attorney General Tom Miller spoke out this week about changes attorneys general and bank regulators will seek in order to resolve major problems in the banking and mortgage servicing industry. Miller has led the national mortgage foreclosure working group since October. He discussed the investigation and possible terms of a settlement in a recent Des Moines Register interview and in a December 14 meeting with advocates for reform to reduce foreclosures and compensate homeowners.

Miller’s remarks suggest the settlement will focus on ending all “robo-signing” practices, increasing the number of loan modifications and reducing principal to help keep people in their homes. The investigation may lead to criminal prosecutions as well. More details are after the jump.

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