I don’t usually write posts like this one.

Check that: I don’t think I’ve ever written a post like this one.

I’m making an exception because the question has been nagging at me since the Iowa Supreme Court announced its 4-3 decision in Griffin v Pate two weeks ago today, and because a number of people who share my interest in felon voting rights have asked for my opinion.

Only Chief Justice Mark Cady knows the answer, and we won’t hear his side of the story until he writes his memoirs or speaks to some interviewer in retirement.

So with no claim to telepathic powers and full awareness that my analysis may therefore be flawed, I will do my best to understand why the author of the 2014 opinion that inspired Kelli Jo Griffin’s lawsuit ultimately decided our state constitution “permits persons convicted of a felony to be disqualified from voting in Iowa until pardoned or otherwise restored to the rights of citizenship.”

On Monday Governor Terry Branstad defended his policy that has kept tens of thousands of Iowans from exercising what he calls the “privilege” of voting.

His excuses don’t change the reality that he has turned a fundamental constitutional right into a “pay to play” situation for Iowans convicted of felonies.

We may never comprehend the underlying cause of Micah Johnson’s murderous spree during Thursday night’s Black Lives Matter protest in Dallas. The 25-year-old Army Reserve Veteran had served a tour in Afghanistan and had no criminal record or ties to terrorist groups, law enforcement officers believe. He apparently used an AR-15 assault weapon to kill four police officers and a Dallas Area Rapid Transit officer, wounding seven other officers and two civilians. During a standoff before he was killed by a bomb police detonated, Johnson reportedly said “he was upset about the recent police shootings” and “wanted to kill white people, especially white officers,” Dallas Police Chief David Brown told the media on July 8.

The fatal shootings of Alton Sterling by a police officer in Baton Rouge, Louisiana and Philando Castile by an officer in Falcon Heights, Minnesota provoked national outrage and many Black Lives Matter protests, including the one in Dallas. Despite what the alleged gunman reportedly told officers shortly before his death, those shootings may not be the only reason Johnson took it upon himself to end innocent lives. Maybe he had post-traumatic stress disorder related to his service in a war zone (in a non-combat role). Maybe he had unresolved mental health issues not related to his military service. Maybe he had visions of glory similar to those that have inspired other perpetrators of mass shootings. We just don’t know.

Yet Representative Steve King (R, IA-04) confidently traced the Dallas police shootings to a different national phenomenon, which he described as “anti-white/cop events.”

Karl Schilling is a retired investigator for the Iowa Civil Rights Commission and has long been active with the Iowa Organization for Victim Assistance, for which he currently serves as president. -promoted by desmoinesdem

Until recently I opposed the vote for felons I think, in large part, because of my irritation at three of the reasons commonly given in defense of felon voter rights. They are usually in the same sentence and go something like this, “We all make mistakes, they did their time, and they have paid their debt to society.”

A week ago today, four Iowa Supreme Court justices upheld the lifetime ban on voting for Iowans convicted of all felonies, which are defined as “infamous crimes” under a 1994 state law. Chief Justice Mark Cady’s opinion in Griffin v. Pate and three dissents are available here; Bleeding Heartland posted key excerpts here.

A decision in Kelli Jo Griffin’s favor could have made tens of thousands of Iowans newly eligible to vote in this year’s presidential election. Instead, Iowa will likely retain its place as one of the most restrictive states on felon voting for years.

In theory, those who have completed sentences can apply to have Governor Terry Branstad restore their voting rights. Griffin plans to do so, and I expect Branstad to make a big show of approving her application. In practice, though, that option will be available only to a small minority of those affected by the governor’s January 2011 executive order. During the first five years the new policy was in effect, less than two-tenths of 1 percent of disenfranchised felons managed to regain the right to vote, an average of fewer than 20 people per year.

I am awaiting information from the governor’s office on restoration numbers since the latest “streamlining” of the official form in April, but I don’t expect the number of applicants ever to become more than a trickle. The financial and other barriers will remain too great.

Even if Branstad started receiving substantially more applications and approved them at a rate of 20 per week–unlikely since this work already occupies “meaningful amounts of time every day” for the governor’s staff–only about 1,000 people annually would be able to regain their voting rights. That’s less than 2 percent of the estimated 57,000 Iowans who have been disenfranchised since January 2011. Thousands more join their ranks every year. So much for an “efficient and convenient” restoration process.

Three paths are available to bring Iowa in line with how most states approach voting rights for people with felony convictions.

Federal Bureau of Investigation Director Jim Comey made an “unusual statement” today explaining why the FBI is recommending “no charges” in connection with Secretary of State Hillary Clinton’s use of a private e-mail server.

In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.

Legal experts have been saying for a long time that criminal charges were unlikely, in the absence of intent to break the law, especially since former CIA Director David Petraeus was allowed to plead down to a misdemeanor for deliberately leaking classified information.

However, Clinton’s ill-advised e-mail practices will remain a political problem for the presumptive Democratic nominee. Comey underscored the “extremely careless” handling of classified information by the secretary and some of her colleagues. U.S. House Republicans plan to hold hearings on why the FBI didn’t recommend criminal charges. Today U.S. Senator Chuck Grassley called on the FBI to release more evidence from its investigation “so the public can make an educated decision on its own about the judgment and decision-making of all the senior officials involved.”

Meanwhile, Stephen Braun and Jack Gillum of the Associated Press examined six public statements by Clinton about her e-mails that were either questionable or untrue, based on the FBI’s findings. Republican Party of Iowa Chair Jeff Kaufmann repeatedly alleged today that the investigation had been “rigged,” saying Clinton had “lied” on many occasions and that “anyone else in the country” would be indicted for similar conduct.

I enclose below the full statements from Grassley and Kaufmann, along with some expert opinions on the case and some of Republican presidential candidate Donald Trump’s comments about the FBI recommendation. Any relevant comments are welcome in this thread. Former Justice Department spokesperson Matthew Miller called Comey’s press conference “absolutely outrageous” and a violation of standard department practice not to comment on ongoing investigations.

UPDATE: Grassley told reporters on July 6 that he has written to Comey asking for answers to many questions about the e-mail investigation. He also said some senators are drafting a bill to revoke Clinton’s security clearance, adding that such a bill might be “an unconstitutional bill of attainder.”

SECOND UPDATE: Representative Steve King posted on Twitter on July 6, “FBI Dir. Comey/DOJ gave us truth but not justice. Confirmed, the Rule of Law took a heavy blow again from the Clintons. Obama is culpable.”

The Iowa Supreme Court has rejected a lawsuit challenging state policy on disenfranchising all felons. Four justices found “insufficient evidence to overcome the 1994 legislative judgment” defining all felonies as “infamous crimes,” which under our state’s constitution lead to a lifetime ban on the right to vote or run for office. Chief Justice Mark Cady wrote the majority ruling, joined by Justices Bruce Zager, Edward Mansfield, and Thomas Waterman. They affirmed a district court ruling, which held that having committed a felony, Kelli Jo Griffin lost her voting rights under Iowa law.

Justices Brent Appel, Daryl Hecht, and David Wiggins wrote separate dissenting opinions, each joined by the other dissenters. I enclose below excerpts from all the opinions, along with early political reaction to the majority ruling and a statement from Griffin herself.

The American Civil Liberties Union of Iowa filed the lawsuit on behalf of Griffin in November 2014, seven months after an Iowa Supreme Court plurality had stated, “It will be prudent for us to develop a more precise test that distinguishes between felony crimes and infamous crimes” that disqualify Iowans from voting.

Three of the six justices who participated in that 2014 case decided Griffin v. Pate differently. In Chiodo v. Section 43.24 Panel, Cady wrote and Zager joined the plurality opinion, which left open the possibility that not all felonies rise to the level of infamous crimes. Wiggins dissented from the Chiodo plurality, saying the court should not rewrite “nearly one hundred years of caselaw” to “swim into dangerous and uncharted waters.”

All credit to Ryan Koopmans for pointing out in March that given how quickly the court had decided Chiodo, “Having had more than a couple days to think about it, some of the justices could easily change their mind.” The justices were on a compressed schedule in Chiodo because of the need to print ballots in time for the early voting period starting 40 days before the 2014 Democratic primary. Ned Chiodo was challenging the eligibility of Tony Bisignano, a rival candidate in Iowa Senate district 17.

Side note before I get to the key points from today’s decisions: An enormous opportunity was missed when the state legislature did not revise the 1994 law defining infamous crimes between 2007 and 2010, when Democrats controlled the Iowa House and Senate and Chet Culver was governor. The issue did not seem particularly salient then, because Governor Tom Vilsack’s 2005 executive order had created a process for automatically restoring the voting rights of most felons who had completed their sentences.

But Governor Terry Branstad rescinded Vilsack’s order on his first day back in office in January 2011. During the first five years after Branstad’s executive order, fewer than 100 people (two-tenths of 1 percent of those who had been disenfranchised) successfully navigated the process for regaining voting rights. I consider the policy an unofficial poll tax, because getting your rights back requires an investment of time and resources that most ex-felons do not have. Today’s majority decision leaves this policy in effect, with a massively disproportionate impact on racial minorities.

In a classic example of the kabuki theater that passes for legislating these days, U.S. senators rejected four gun control measures today. Moved to act by the June 11 massacre at a gay club in Orlando, Senator Chris Murphy of Connecticut led a talking filibuster for more than fourteen hours last week to force a vote on a Democratic proposal to ban gun sales to people on terrorist watch list. He also introduced an amendment to an appropriations bill that would expand background checks for firearms purchases, eliminating the gun show loophole. Similar proposals failed to pass the Senate last December, shortly after the mass shooting in San Bernadino.

With the blessing of the National Rifle Association, Republicans drafted their own amendments this week, ostensibly to accomplish the same goals as the Democratic legislation.

Follow me after the jump for details on the four proposals and today’s votes, as well as comments from Senator Chuck Grassley, Senator Joni Ernst, Grassley’s challenger Patty Judge, and presumptive Democratic presidential nominee Hillary Clinton.

Many Bleeding Heartland readers spent a large part of their weekend at Hy-Vee Hall in Des Moines, where the Iowa Democratic Party held its Hall of Fame event on Friday and its state convention on Saturday. Although delegates were given electronic devices to speed the voting along, convention business dragged on past midnight. UPDATE: I am told the convention adjourned at 2:16 am.

In an organizing triumph, supporters of Hillary Clinton filled all of their delegate slots, while only about 85 percent of the Bernie Sanders delegates turned up. But only about ten delegates chosen as Sanders supporters switched their allegiance to Clinton yesterday, even after a second realignment. According to John Deeth, more than 70 additional people would have had to switch to give Clinton an extra Democratic National Convention delegate from Iowa. So thanks to the Sanders delegates’ loyalty, Clinton received the expected number of 23 national delegates, Sanders 21. Adding Iowa’s superdelegates to the mix, Clinton ends up with 29 DNC delegates to 21 for Sanders. The 51st Iowa DNC delegate is State Party Chair Andy McGuire, who will surely support Clinton in Philadelphia but is still maintaining a neutral stance.

Most of Iowa’s DNC delegates were chosen at last month’s district conventions. Electing the last few national delegates took hours yesterday, because votes in the Clinton and Sanders preference groups were split almost evenly among the many candidates who wanted to go to Philadelphia. Drake student and I-35 School Board member Josh Hughes won one of the male Clinton delegate slots, capping off a big month for the winner of Bleeding Heartland’s primary election prediction contest. I learned on Friday that Josh will be managing Andrea Phillips’ campaign in Iowa House district 37. Phillips is the Democratic challenger to John Landon in this seat covering parts of Ankeny and Alleman in northeast Polk County.

State convention delegates re-elected Scott Brennan and Sandy Opstvedt to the Democratic National Committee yesterday. In their speeches to the delegates, Brennan and Opstvedt emphasized their work to keep Iowa first in the nominating process. We’ll need all the help we can get next year, as there may be a strong push within the DNC to start the nominating process in states with more racial diversity than Iowa or New Hampshire, and to ban caucuses for the purposes of presidential selection.

Hundreds of delegates left before the final platform debates. (Tedious discussions over minor punctuation issues and whether to replace “people” with “human beings” had already taken up too much time during the afternoon session.) The Iowa Democratic Party state platform officially opposes superdelegates–not that DNC members will care what state platforms have to say on the matter. Language backing a “livable minimum wage” was changed to support a $15 per hour minimum wage. When the crowd had thinned out considerably, -delegates approved a plank to legalize all drugs.- CORRECTION: The legalization plank was included in the draft platform distributed to delegates before the convention. According to Jon Neiderbach, the late-night votes rejected two minority reports: one would have substituted “decriminalization” for legalization, the other would have kept the party platform silent on the issue. The legalization plank will probably become fodder for Republican campaign ads, even though I’m not aware of any Iowa Democratic candidates who hold this position. Pat Rynard commented, “doing stuff like this is the fastest way for Bernie people to get marginalized in the party.”

UPDATE: Some have suggested the platform debate should have been shut off for lack of a quorum, given how many delegates left by midnight. But my understanding is that doing so would have left the drug legalization language from the draft platform intact. CLARIFICATION: Delegates had already approved the vast majority of the platform, containing non-controversial provisions, during the afternoon. So if quorum had been called late in the evening, the controversial planks including the one calling for drug legalization would have remained the recommendations of the platform committee but would not have been officially approved by the party.

SECOND UPDATE: Added below the Iowa Democratic Party’s official statement on the convention results, which includes the full list of DNC delegates. One of the national delegates for Sanders, Brent Oleson, was a Republican until less than a year ago.

Earlier in the day, Rynard covered the State Central Committee elections, which happened on Saturday morning. The committee will be almost evenly split between Clinton and Sanders supporters, though the last committee member (chosen on Saturday evening) may give Clinton backers a slight edge.

This is an open thread: all topics welcome. This past week I read many heartbreaking accounts of people who died in last weekend’s massacre at a gay club in Orlando. One of the most disturbing articles about the tragedy: mass murderer Omar Mateen was checking social media for reports on his killing spree while the crime was in progress. Last year Mark Follman published a must-read piece at Mother Jones about “How the Media Inspires Mass Shooters.” I enclose below six recommendations for media reporting on mass shootings, “based on interviews with and research from threat assessment experts concerned about this issue.” Another good read on the subject by Follman is “Inside the Race to Stop the Next Mass Shooter.”

Tom Witosky retired from the Des Moines Register in 2012 after 33 years of award-winning reporting on politics, sports and business. He is the co-author of Equal Before the Law: How Iowa Led Americans to Marriage Equality published by University of Iowa Press. -promoted by desmoinesdem

Jacob McNatt wept Sunday morning.

“I don’t understand for the life of me why someone would go to a place where people are getting together to have a good time and be happy and enjoy life would bring terror with them,” the bartender said as made a gin and tonic at the Blazing Saddle booth early Sunday afternoon at Capitol City Pride. “I don’t understand. It is just contrary to what I believe about humanity. It’s just awful.”

McNatt was just one of thousands at the annual gay pride event in Des Moines’ East Village who grieved while trying desperately to make sense of the murder of 49 men and women and 50 wounded at a gay bar in Orlando by a lone gunman killed by police in a gun fight.

Sunday’s steaming weather appeared to keep attendance down for the eight-block parade that has become a staple event for the Des Moines gay pride weekend, but one couldn’t help but think that events in Orlando made trying to celebrate pride too difficult for many of them.

As politicians pointed fingers at each other over whether the issue of the Orlando massacre was about religiously motivated terrorism or the refusal of this country to control the sale of assault weapons, those who still live with discrimination daily wondered out loud why no one was talking about them.

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

Prestage Farms didn’t get the incentives package it wanted from Mason City, but the company is actively seeking other communities in Iowa willing to offer tax breaks in exchange for a $240 million pork processing plant. Unfortunately, the construction of that and other proposed new plants “could push some older plants in Iowa and Nebraska to close,” Donnelle Eller reported for the Des Moines Register on Friday. I assume Governor Terry Branstad’s administration will count the jobs created in the new facilities but not the jobs lost if and when plants close if Perry (Dallas County), Columbus Junction (Louisa County), and Denison (Crawford County).

According to a new report by the Brennan Center for Justice, white males comprise about 37.5 percent of the U.S. population but 66 percent of appellate state court judges. Currently five men (four white, one Asian-American) and four women (three white, one Asian-American) serve on the Iowa Court of Appeals. All seven Iowa Supreme Court justices have been white men since 2011. No non-white judges have ever served on our state’s high court, and only two women have done so. Governor Terry Branstad appointed Linda Neuman to the Supreme Court in 1986; she served until her retirement in 2003. Branstad appointed Marsha Ternus in 1993; she became chief justice in 2006, an office she held until Iowans voted against retaining her and two other justices in 2010.

Following those retention elections, the State Judicial Nominating Commission recommended nine candidates to fill the three Supreme Court vacancies. Twelve women were among the 60 candidates who applied to serve, but only one woman ended up on the short list: a University of Iowa professor whom Branstad would never appoint. I suspect some commissioners passed over several women with strong qualifications, hoping to make Branstad look bad by picking an all-male trio of justices.

Diversity improves the judiciary, so in theory, I would like to see more gender and racial balance on the Iowa Supreme Court. Thinking pragmatically, I am in no hurry to give the governor another high court vacancy to fill, especially now that he has appointed a bunch of conservatives to the State Judicial Nominating Commission, which reduces the applicant pool to a few finalists. Some important cases in recent years have led to 4-3 split decisions. On several occasions–relating to open meetings law, solar power project financing, a key administrative rule on water quality, and multiple cases about juvenile sentencing–the three dissenters were Branstad’s 2011 nominees. Three justices are up for retention this November. They won’t be ousted because of the 2009 Varnum v. Brien case, because LGBT marriage equality is now settled law. However, I’m concerned anti-retention forces could exploit a backlash against a possible divided court ruling to expand felon voting rights. The Supreme Court is expected to announce a decision in the Griffin v. Pate case on felon disenfranchisement later this month.

Speaking of white male judges, mass outrage over the light sentence given to convicted rapist Brock Turner seems to have been the talk of everyone’s town this past week. The victim’s powerful impact statement, Vice President Joe Biden’s open letter to the victim, and many other reactions to the case have gone viral.

On the plus side, the Brock Turner case has raised awareness about rape culture, victim-blaming, and judges empathizing with wealthy white male defendants. One of the best commentaries I’ve read on the sentencing was by California defense attorney Ken White. He explained why Turner is the “sort of defendant who is spared ‘severe impact.’”

But some sexual assault survivors have found it overwhelming to see reminders of their worst experiences all over their social media feeds, day after day. The letter from the rapist’s father may have struck a sympathetic chord with the sentencing judge but was painful for many women to read. (One friend: you can tell that guy’s never been on the receiving end of “20 minutes of action.”) If news about the Stanford rape case is triggering traumatic memories for you, Peter Levine’s work on healing trauma may be helpful.

A few days after former Lieutenant Governor Patty Judge became the first U.S. Senate candidate in Iowa to run television commercials this year, six-term Senator Chuck Grassley’s campaign placed a small buy for ads in Des Moines and Cedar Rapids. Despite facing no competition for the Republican nomination, Grassley has run tv ads in May during previous re-election races, most recently in 2010.

The senator’s debut spot this year carries over the “Grassley Works” slogan from past campaigns. But whereas the opening pitch from 2010 emphasized the incumbent’s personal qualities and commitment to visiting every Iowa county every year, the new spot appears designed to rebut criticism over Grassley’s refusal to hold hearings for U.S. Supreme Court nominee Merrick Garland.

I don’t post job listings here often, but since many Bleeding Heartland readers have substantial public policy experience and are interested in the issues at the core of the American Civil Liberties Union’s work, I wanted to spread the word that the ACLU of Iowa is hiring a policy director. The full job listing is after the jump. The non-profit organization will accept applications through June 26, with the goal of filling the position by August.

The eventual hire will be “responsible for advancing the ACLU’s broad civil liberties agenda before the state legislature, executive branch, and local governmental bodies,” leading policy projects related to “areas including but not limited to voting rights, racial justice, criminal justice reform, immigrant’s rights, free speech, reproductive freedom, women’s rights, LGBT rights and privacy rights.”

Thanks to Chase Carson for a close look at the University of Iowa’s policies related to sexual assault. -promoted by desmoinesdem

Sexual assault has been something that many Universities have struggled with for a long time, for example, Take Back the Night (a march for ending all sexual, relationship, and domestic violence) has been around since the 1970’s. But for the generation of students that are going to college across the nation right now, nothing has shed more light on the problem of sexual assault on campuses more than the documentary The Hunting Ground, which was released February 27th, 2015. Within the film, it not only highlights how much of a growing problem this has become, but it also speaks out about how inefficient and terrible schools are about handling sexual assault cases.

After a personal viewing of the film I wondered about the facts behind sexual assault within the University of Iowa school system. I was worried that my school was just like all the other Universities shown in the documentary: incompetent and just downright unfair to the victims of sexual assault. After probing around for information and becoming a part of MAC (Men against violence council) for a semester, the reality of how the University of Iowa handles sexual assault became clear.

Last week, Governor Terry Branstad’s office rolled out a new “streamlined application form for those seeking a restoration of their voting rights,” so that “Iowa’s already simple voting rights restoration process will become even more efficient and convenient.”

“Simple,” “efficient,” and “convenient” wouldn’t be my choice of words to describe a process used successfully by less than two-tenths of 1 percent of affected Iowans since Branstad ended the automatic restoration of voting rights for felons five years ago. The governor’s first stab at simplifying the system in December 2012 did not significantly increase the number of Iowans applying to get their rights back. Three years after that change, fewer than 100 individuals out of roughly 57,000 who had completed felony sentences since January 2011 had regained the right to vote.

The new double-plus-streamlined process seems unlikely to produce a large wave of enfranchised Iowans, because it leaves intact major barriers.

The latest announcement looks like an attempt to convince Iowa Supreme Court justices that they need not intervene to give tens of thousands of felons any realistic hope of exercising a fundamental constitutional right again.

Iowa lawmakers have unanimously approved a bill designed to ban local ordinances that have indirectly caused some crime victims to be evicted. Assuming Governor Terry Branstad signs House File 493 into law, Iowans will no longer need to fear that calling 911 could force them out of their housing.

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

The Pulitzer Prizes announced this week recognized some powerful reporting on the misuse of power. The Associated Press won the public service award for “an investigation of severe labor abuses tied to the supply of seafood to American supermarkets and restaurants, reporting that freed 2,000 slaves, brought perpetrators to justice and inspired reforms.” Margie Mason, Robin McDowell, Martha Mendoza, and Esther Htusan contributed to this incredible investigative work; the whole series is available here.

The Washington Post won the Pulitzer’s national reporting category for its “revelatory initiative in creating and using a national database to illustrate how often and why the police shoot to kill and who the victims are most likely to be.” The database is available here; reporters who contributed to this work include Kimberly Kindy, Wesley Lowery, Keith L. Alexander, Kimbriell Kelly, Sandhya Somashekhar, Julie Tate, Amy Brittain, Marc Fisher, Scott Higham, Derek Hawkins, and Jennifer Jenkins. In one of the articles for this series, Kindy and Tate explored the common practice of police departments withholding video footage of fatal shootings, using the January 2015 death of Autumn Steele in Burlington, Iowa as the touchpoint.

The Pulitzer for explanatory reporting went to T. Christian Miller of ProPublica and Ken Armstrong of The Marshall Project “for a startling examination and exposé of law enforcement’s enduring failures to investigate reports of rape properly and to comprehend the traumatic effects on its victims.” An Unbelievable Story of Rape was a stunning and depressing piece.

Speaking of stunning and depressing, previously unreported abuses of teenagers at the now-closed Midwest Academy boarding school came to light earlier this year. Several former students spoke to Ryan Foley of the Associated Press about being kept in isolation boxes for days or weeks at a time. (Isolation is particularly harmful to developing adolescent brains.) The Des Moines Register’s Lee Rood reported on approximately 80 law enforcement calls to the facility in Keokuk during the last three years the school was open. Abusive practices by staff went back more than a decade, though.

No state agency had ever inspected the Midwest Academy, prompting calls for the Iowa legislature to prevent future problems at unregulated schools. The Iowa Senate unanimously approved a bill setting out certification and inspection standards for boarding schools. House Republicans amended Senate File 2304 before approving it in the lower chamber, making “some exemptions for religious facilities.” The Senate refused to concur in the House amendment, and on a mostly party-line vote, the House rejected the Senate version. The school oversight bill now goes to a conference committee. I hope lawmakers will work out a deal before adjourning, but this legislation is not a must-pass bill like the health and human services budget (currently hung up over disagreements on Medicaid oversight and Planned Parenthood funding).

Alleged verbal abuse by Iowa State University women’s basketball coach Bill Fennelly was among the actions that inspired a discrimination lawsuit by former star player Nikki Moody. The AP’s Luke Meredith and Ryan Foley broke news about that lawsuit on April 18. After the jump I’ve enclosed excerpts from their report and some reaction, but I highly recommend reading the plaintiff’s jaw-dropping twelve-page court filing. Looking through some Cyclone fan board threads about the lawsuit, I was struck by two contradictory lines of argument from the coach’s defenders: Moody is lying, because this or that former player says Fen was always supportive and would never behave that way; or alternatively, Moody is lying, because Fen is tough on all his players, not just the black ones. Cheyenne Shepherd, an unheralded player for ISU during the 1990s, provided strong support for Moody in a guest column for the Des Moines Register about her experience as one of Fennelly’s “non-favorites.” Retired ISU journalism professor Dick Haws discussed the “not-very-well-hidden secret” of how Fennelly berates and humiliates some of his players. Gavin Aronsen asked at Iowa Informer whether the lawsuit is “A Symptom of Broader Diversity Problems at ISU.”

Since Thursday, I’ve been reading reflections on the life and work of Prince. I remembered his exceptional creativity, charisma, and talent as a songwriter (for many other artists as well as for himself), but I didn’t realize how highly regarded he was as a guitarist. His solo during this performance of “While My Guitar Gently Weeps” was mesmerizing. Billy Gibbons of ZZ Top described Prince’s “sensational” guitar playing in an interview with the Washington Post: “Even today, I’m struggling to try and emulate that guitar introduction to ‘When Doves Cry.’ It’s just a testament to his extraordinary technique.” The whole “Purple Rain” album brings back strong high school memories for me, especially “When Doves Cry.” Prince’s biggest fan in the Iowa blogosphere was John Deeth, easily recognized at political events by his raspberry beret. Deeth reflected on what the music meant to him here.

Iowa Secretary of State Paul Pate is a defendant in Kelli Jo Griffin’s lawsuit claiming Iowa violates her constitutional rights by disenfranchising all felons. The Iowa Supreme Court heard oral arguments in the case on March 30. Justices are expected to decide by the end of June whether to uphold the current system or declare that Iowa’s constitutional provision on “infamous crimes” should not apply to all felonies.

Defendants typically refrain from commenting on pending litigation, but during the past three weeks, Pate has carried out an extraordinary public effort to discredit the plaintiffs in the voting rights case. In his official capacity, he has addressed a large radio audience and authored an op-ed column run by many Iowa newspapers.

Pate amped up his attack on “the other side” in speeches at three of the four Iowa GOP district conventions on April 9. After misrepresenting the goals of Griffin’s allies and distorting how a ruling for the plaintiff could alter Iowa’s electorate, the secretary of state asked hundreds of Republican activists for their help in fighting against those consequences.

At a minimum, the secretary of state has used this lawsuit to boost his own standing. Even worse, his words could be aimed at intimidating the “unelected judges” who have yet to rule on the case. Regardless of Pate’s motives, his efforts to politicize a pending Supreme Court decision are disturbing.

A 2008 amendment to the Iowa Constitution became a matter of debate in Griffin v Pate, the major voting rights case before the Iowa Supreme Court. The amendment changed Article II, Section 5, which as adopted in 1857 read, “No idiot, or insane person, or person convicted of any infamous crime, shall be entitled to the privilege of an elector.” The same section now reads, “A person adjudged mentally incompetent to vote or a person convicted of any infamous crime shall not be entitled to the privilege of an elector.”

Two of the seven Supreme Court justices have previously held that when approving the 2008 constitutional amendment, the legislature “ratified its own existing interpretation of that provision under which infamous crime meant a felony.” In its brief for the Iowa Supreme Court on behalf of defendants in Griffin, the Iowa Attorney General’s Office carried forward that claim: “By failing to alter the Infamous Crime Clause when other portions of Article II, section 5 were amended, the Legislature and the public ratified the definition of infamous crime as all felonies under state and federal law.” During the March 30 Supreme Court hearing on Griffin v. Pate, Solicitor General Jeffrey Thompson likewise argued “the simple answer here” is the 2008 constitutional amendment was “passed twice by the General Assembly, adopted by the people of Iowa, in the context of a legal system and historical cases and practices that said felonies are the line.”

My curiosity piqued, I decided to look into the legislative intent behind the 2008 constitutional amendment. What I found does not support the view that Iowa lawmakers envisioned “infamous crime” as synonymous with “felony” or intended to ratify such an interpretation when voting to remove offensive language from the state constitution.

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

On April 1, three months later than originally planned, Iowa officially switched to a managed-care model for the Medicaid program. Erin Murphy explained here how privatization will affect almost all of our state’s roughly 560,000 Medicaid recipients.

Many Iowans on Medicaid are learning that their current health care providers are now out of network, a particular concern for those who have special medical needs. The Mayo Clinic in Rochester, Minnesota has not signed contracts with any of the three insurance companies selected to be managed-care providers in Iowa. KCRG’s Katie Wiedemannn reported on March 31 about a 9-year-old cancer patient whose scheduled treatment at Mayo has been delayed because of the new policy. I am aware of other families whose children on Medicaid have relied on out-of-state medical specialists to treat their children’s rare genetic or chronic conditions.

Iowa House Republican leaders have refused to act on an extensive Medicaid oversight bill that cleared the Senate with bipartisan support. However, they promise to unveil their own Medicaid oversight proposal soon. Senate Democrats will seek to add many oversight provisions to the human services budget, which is often one of the last bills to be resolved before lawmakers adjourn for the year.

One major red flag: Iowa hired only “two ombudsmen to investigate and work as advocates for the 560,000 poor or disabled people” on Medicaid. As Jason Clayworth reported for the Des Moines Register in January, a working group that studied the issue recommended hiring 134 more ombudsmen at a possible cost of $17 million annually.

Rhonda Shouse has been among the most vocal opponents of Medicaid privatization. She shared with Bleeding Heartland some resources for recipients who run into problems with their new managed-care providers. I enclose those below.

Some good public health news: state lawmakers recently approved a bill that would allow “First responders, emergency medical service providers, police, firefighters and licensed health care professionals” to maintain a supply of the drug Naloxone (also known as Narcan). The medication can prevent death after an overdose of heroin or prescription opioid pain-killers, both of which have become more prevalent in Iowa, as in many other states. Senate File 2218 passed the upper chamber the Senate unanimously and cleared the House by 93 votes to 2 (the dissenters were Republicans Stan Gustafson and Mike Sexton). Several groups representing law enforcement or medical professionals lobbied for this bill. At this writing, Governor Terry Branstad has not yet signed it.

UPDATE: Branstad signed the bill about the overdose drug on April 6.

Yesterday Governor Terry Branstad signed a bill requiring a statewide inventory of untested rape kits. The Iowa Attorney General’s Office pushed for House File 2420, which passed the Iowa House and Senate unanimously with the support of various groups representing law enforcement, crime victims, and attorneys.

I enclose below background on the provisions, benefits and limitations of the bill State Public Defender Adam Gregg described as a “significant step toward justice in Iowa.”

The Iowa State Association of Counties has asked the Iowa Supreme Court to keep tens of thousands of citizens permanently disenfranchised so county auditors will have “a definition of infamous crime that can be easily discerned and quickly applied” as they administer elections.

In addition, the association representing county officials suggests auditors will be unable to provide “the orderly conduct of elections” if the high court does not abandon efforts to distinguish certain felonies from the “infamous crimes” that disqualify Iowans from voting under our state’s constitution.

The disturbing attempt by county governments to place administrative convenience above a fundamental constitutional right came in a “friend of the court” (amicus curiae) brief filed in connection with a case the Iowa Supreme Court will consider this week. Yet Polk County Auditor Jamie Fitzgerald, the chief elections officer in Iowa’s largest county, maintains that a new standard allowing some felons to vote would not be “an administrative burden any more than the myriad other provisions that county auditors and poll-workers must contend with.”

Whether Eighth Circuit Appeals Court Judge Jane Kelly is still on President Barack Obama’s short list for the U.S. Supreme Court vacancy is an open question. Multiple news organizations confirmed that she was under consideration for the appointment, and she remains a leading contender according to analysts like SCOTUSblog’s Tom Goldstein. Julia Edwards and Jeff Mason reported for Reuters over the weekend that the “White House has narrowed its search for a U.S. Supreme Court nominee to three federal appeals court judges, Sri Srinivasan, Merrick Garland and Paul Watford.” (This piece by Dylan Matthews contains short backgrounders on each of those judges.)

The conservative Judicial Crisis Network is taking no chances. They announced Friday a “a six-figure television and digital advertising campaign in several states exposing potential Supreme Court nominee, U.S. Circuit Court Judge Jane Kelly, as a liberal extremist.” I enclose below the video, transcript, and analysis of the 30-second commercial, which is running in Iowa because our senior Senator Chuck Grassley chairs the Senate Judiciary Committee. Part of the $250,000 ad buy also went toward airing the spot “during Sunday morning public affairs shows in Colorado, Indiana, North Dakota, Washington D.C. and West Virginia,” hoping to put pressure on potentially vulnerable Democratic senators.

Shortly before starting work as the University of Iowa’s president, Bruce Harreld told the Iowa City Press-Citizen’s Jeff Charis-Carlson that he had no immediate plans for high-level staff changes.

“I’ve done this in different environments multiple times,” said Harreld, who was an executive at Boston Chicken and Kraft Foods before becoming senior vice president for marketing and strategy at IBM. “And I always believe that the institutional knowledge that the existing team has is enormously important.”

There will be changes, of course, Harreld said, but agendas for change will involve the people who know the university best.

“I see a lot of leaders do this wholesale changing of leadership, and I think they lose a lot of momentum in that process,” Harreld said. “I’m a huge believer in culture and context, and I’ve been teaching that and practicing it all my life.”

This week Harreld demonstrated too much commitment to the university’s existing team.

Catching up on news from the busy final weeks before the Iowa caucuses, U.S. Senator Chuck Grassley has a rival for the GOP nomination. Robert Rees launched his campaign on January 18, pledging to support term limits for members of Congress and the 10th Amendment, which reserves for the states powers not delegated to the federal government. Rees most recently worked as a conservative talk radio host but fell victim to a format change in October, when 98.3 FM in Des Moines switched to classic hip hop. Rees has a campaign website and is on Twitter, Facebook, and LinkedIn. He frequently uploads “campaign diaries” and other videos to his YouTube channel.

After the jump I’ve posted background on Rees, some of his answers to frequently asked questions about his challenge to Grassley, and his introductory video, in which he notes that Grassley has been in Washington, DC since a year before Rees was born. I’ve also enclosed excerpts from two articles linked on the Rees campaign website. Among other things, those pieces criticize Grassley for approving too many judges nominated by President Barack Obama–which is comical, since during Grassley’s first year as chair of the Senate Judiciary Committee, the Senate confirmed only eleven federal judges, “the fewest in a single year since 1960.”

I can’t conceive of any scenario in which Grassley loses a Republican primary, but assuming Rees qualifies for the ballot, it will be interesting to see how many conservatives cast protest votes for him. For reference, Tom Hoefling got just under 17 percent of the vote in his 2014 GOP primary challenge to Governor Terry Branstad. Turnout is likely to be very low on June 7, since no other statewide offices are elected this year, and only one of Iowa’s four Congressional districts appears likely to have a competitive GOP primary (Representative David Young is expected to face at least one conservative challenger in IA-03).

Rees had nominating petitions out at some Republican precinct caucuses on February 1. To qualify for the primary ballot, he will need to submit to the Secretary of State’s office by March 18 at least 3,331 signatures (0.5% of the votes cast for Governor Terry Branstad in Iowa’s 2014 general election). In addition, those signatures must be collected in at least ten counties, and for each of those counties, the number of signatures on nominating petitions must equal at least 1 percent of the votes cast for Branstad in the 2014 general election.

A few conservatives made noise about a primary challenge to Grassley in 2009, when it appeared he might support some version of health care reform, but they never followed through. Iowa’s senior senator defused some anger on his right flank by warning that end-of-life counseling provisions in the proposed bill could let people “pull the plug on grandma,” though he had voted for a previous law including such counseling. He later voted against the Affordable Care Act in committee and on the Senate floor, while seeking credit for some of its provisions.

Many Iowans leave their precinct caucuses after the presidential selection process, but the caucuses also provide an opportunity for politically-engaged people to influence their party’s platform. If you bring a resolution to your precinct caucus, you have a good chance of getting it approved and sent to the county platform committee, which decides what will come to a vote at the county convention.

Little-known fact for those who want to exercise this option: platform resolutions should be written in a different format from other political resolutions you may have read. Follow me after the jump for details and examples of resolutions you can bring to your caucus on Monday night.

Bleeding Heartland welcomes guest posts on issues or candidates. -promoted by desmoinesdem

For the past several months, both online and out in the real world, I have advocated for the candidacy of Senator Bernie Sanders. I believed then as I believe now that he is an honest, principled advocate for the concerns of working people who are seeing their livelihoods imperiled on a daily basis by political process that is rigged against them and an economic system that favors massive, inherited wealth and fosters inequality. I believed then as I believe now that the vast and growing gap between the wealthy elite and the struggling masses threatens the very foundation of our collective society and that the only way to prevent a new-fangled aristocracy from permanently seizing the reins of power would be for immediate and drastic actions to not only stop but reverse this devastating growth of inequality. I believed then as I believe now that, even though Secretary Hillary Clinton is an eminently qualified candidate to lead our nation, it was necessary for someone like Senator Sanders to challenge her to confront these issues and speak to and up for the losers of our economic system.

Bleeding Heartland welcomes guest posts on topics of statewide, local, or national importance. -promoted by desmoinesdem

My name is Aaron Camp. I’m not an Iowan, in fact, I’m a lifelong resident of Vermilion County, Illinois who has never been to Iowa. I’m a staunch supporter of the Bernie Sanders presidential campaign, although I am not officially affiliated with the Sanders campaign in any way. With the first-in-the-nation Iowa caucuses just days away, I’ll take this opportunity to encourage Iowans to participate in the Democratic caucus and caucus for Bernie Sanders.

When Congress finally passed a bill establishing a federal holiday named after the Rev. Dr. Martin Luther King, Jr. in 1983, national public opinion was split down the middle on whether the civil rights leader should be honored in this way. The holiday is no longer controversial, and members of Congress who voted against it, such as Senator Chuck Grassley, are quick to explain that they admire King’s work. Bleeding Heartland has compiled links related to Dr. King’s legacy and the long slog to establish this national holiday here, here, here, here, here.

I’ve been predicting for months that this year’s legislative session would mostly be a giant waste of many people’s time. I hope Iowa lawmakers and Governor Terry Branstad will prove me wrong by enacting not only the criminal justice reforms Branstad advocated in his Condition of the State speech last week, but also legislation to reduce mandatory minimum sentences, and improve police identification and interrogation procedures as well as police use of body cameras. The NAACP is pushing for a bill to ban racial profiling by law enforcement, which should not be controversial but probably will be a very heavy lift at the Capitol.

Branstad could act unilaterally to reduce one of Iowa’s massive racial disparities by revoking his 2011 executive order that has disenfranchised thousands of people, disproportionately racial minorities. (The procedure the governor established for regaining voting rights is “just about impossible” for felons to navigate.)

Any relevant comments are welcome in this thread. All three Democratic presidential candidates mentioned Dr. King during their opening statements during last night’s debate in South Carolina, and I’ve enclosed the videos and transcript below. I also included the part of the transcript containing Hillary Clinton’s and Bernie Sanders’ remarks on criminal justice reform.

Expanded from a short take for CNN

Hillary Clinton was solid and Bernie Sanders turned in his best debate performance yet in Charleston last night. Can anyone deny that Democratic National Committee leaders should have allowed more debates and scheduled them on nights when more voters would watch? The sometimes sharp exchanges between the front-runners probably didn’t change many Democratic minds, but Clinton and Sanders both delivered plenty of lines that should reinforce the inclinations of voters who are supporting them or leaning in that direction.

I suspect the following moments will particularly resonate with Iowa caucus-goers, based on my conversations with hundreds of Iowa Democrats and on how I’ve seen multiple crowds react to the candidates.

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

The more I hear about “Making a Murderer,” the more tempted I am to become a Netflix subscriber so I can watch the ten-part documentary myself. The series follows the case of Steven Avery, released from prison after 18 years when DNA evidence showed he was innocent of the rape for which he had been convicted. A few years later, Avery and his teenage nephew Brendan Dassey were charged and convicted of murdering Teresa Halbach. The documentary suggests that Avery and Dassey, who are both serving life sentences, did not kill Halbach and did not receive fair trials.

Lee Rood has a front-page feature in today’s Des Moines Register about how problems highlighted in “Making a Murderer” point to the need for criminal justice reforms in Iowa, such as “uniform best practices for eyewitnesses and the mandatory recording of law enforcement interrogations.” I’ve enclosed excerpts after the jump, but I strongly recommend clicking through to read her whole story.

Avery’s wrongful conviction for rape rested primarily on eyewitness testimony. The latest edition of the New Yorker contains an excellent piece by Paul Kix on how a similar “travesty led to criminal-justice innovation in Texas.” Passages enclosed below cite Iowa State University Psychology Professor Gary Wells, who “has spent decades researching ways in which police lineups can be made more accurate.” Wells testified at a hearing seeking to exonerate a man who had died in prison, serving time for a rape he did not commit. Some of Wells’ recommendations for improving police identification practices were incorporated into a Texas law.

Those measures are different from the reforms an Iowa working group proposed and Governor Terry Branstad endorsed in his speech to state lawmakers this week. But with statehouse Republicans and Democrats deeply divided over education spending, Medicaid privatization, and Planned Parenthood funding, criminal justice reform may provide a rare opportunity for bipartisan cooperation this year. I hope members of the Iowa House and Senate who applauded Branstad’s call to reduce racial disparities will also consider some of the steps Texas has taken to prevent wrongful convictions.

Speaking recently to the Marshall Project, the rape survivor whose mistaken eyewitness testimony sent Avery to prison during the 1980s recounted how seeing a picture of her real attacker doesn’t stir up any emotion for her. In contrast, she says, “I still see Steven Avery as my assailant even though I understand he wasn’t.” I have read other accounts of traumatic memories being altered so that misremembered details evoke panic and terror. The way trauma affects the mind and body and the malleability of traumatic memories are major themes in Dr. Peter Levine’s latest book Trauma and Memory. I hadn’t heard of the book until I received a copy from a friend who found Levine’s approach to healing trauma life-changing.

A videotaped confession by Avery’s “low-functioning” nephew became a key part of the prosecution’s case in the trial that is the focus of “Making a Murderer.” Des Moines defense attorney Gary Dickey told Rood, “Set aside Avery’s innocence or guilt, the most striking thing of the whole series is the clearly coerced confession of Brendan Dassey.” It is surprisingly easy to manipulate a person to admit doing things that never happened, as shown by the New York Police Department’s ability to obtain false confessions from five teenagers accused of assaulting the “Central Park jogger” during the 1980s. Discussing that notorious crime, Saul Kassin, Psychology Professor at the John Jay College of Criminal Justice and Williams College, pointed out that “in some cases people accused of crimes, particularly kids and others who are limited intellectually, become so confused by the lies that they actually come to believe they have committed this crime they did not commit.”

A chapter in Trauma and Memory focuses on “the pitfall of false memory,” such as when therapists (either unscrupulous or well-meaning) induce patients to believe wrongly that they suffered ritual or sexual abuse as children. At the end of this post, I enclose a passage from Levine’s book addressing “malevolent police interrogation methods” used to implant inaccurate memories and thereby obtain false confessions or wrongful convictions.

Among other things, the final installment of “Making a Murderer” covers a post-script to the Avery case: the downfall of District Attorney Ken Kratz, who prosecuted Avery and Dassey. Ryan Foley, an Associated Press correspondent in Iowa, was working for the AP in Wisconsin when he reported that Kratz “sent repeated text messages trying to spark an affair with a domestic abuse victim while he was prosecuting her ex-boyfriend.” Kratz lost his job over that despicable abuse of power, which he later blamed on mental health conditions and prescription drug dependence. All journalism students should listen to Foley’s interview with Kratz before the story appeared, a fascinating example of a newsmaker trying to intimidate a reporter. In quite a show of interrogation techniques, the DA warned that a “hatchet story” on his inappropriate behavior would reveal the journalist to be a “tool” for someone else’s political agenda. Kratz modulated his voice frequently–lecturing, mocking, shouting, even whispering–hoping to throw Foley off balance and trick him into revealing his sources.

Last year, racial disparities in Iowa’s criminal justice system were a major theme of Iowa Supreme Court Chief Justice Mark Cady’s annual Condition of the Judiciary report to state legislators. Today Cady followed up by telling Iowa House and Senate members how the judicial branch is addressing the problem through training judges and staff, pilot programs aimed at reducing school referrals to juvenile court, early steps to change the rules on pretrial release of those charged with crimes, and better jury selection procedures. I’ve posted the relevant sections of his 2016 Condition of the Judiciary speech (as prepared) below. The full text is available here. Click through to read sections focusing on what Cady has described as the justice system’s six priorities:

• Protect Iowa’s children
• Provide full-time access to justice
• Operate an efficient full-service court system
• Provide faster and less costly resolution of legal disputes
• Operate in an open and transparent way
• Provide fair and impartial justice for all

Near the end of his speech, Cady discussed the largely unknown problem of human trafficking, which “exists as a dark underworld in many communities across Iowa and is associated with some of Iowa’s most iconic places and events.” I enclose those remarks at the end of this post. For more background on what trafficking looks like in Iowa, listen to this Iowa Public Radio program from 2012 or read Annie Easker’s investigative report for Iowa Watch. Bridget Garrity’s feature on a documentary film about trafficking is another good read. After advocates for trafficking victims raised awareness of Iowa’s poor legal framework for fighting such crimes, state legislators passed and Governor Terry Branstad signed major bills on trafficking during the 2014 and 2015 legislative sessions.

UPDATE: Forgot to mention that Chief Justice Cady is a contender for all-time best appointee during Branstad’s oh-so-long tenure as governor. Who else is in his league?

Governor Terry Branstad delivered his annual Condition of the State address to members of the Iowa House and Senate and the Iowa Supreme Court justices yesterday. If you missed the speech, the full prepared text is here. Iowa Public Television posted the video and transcript here. The early part of the 30-minute address included one false or misleading assertion after another.

· “Sound budgeting practices and fiscal discipline now have us ranked as the 3rd best managed state in the nation.” Contrary to the idea that Branstad markedly improved Iowa’s operation, a major investors group also ranked Iowa the third best-managed state in 2010 under Governor Chet Culver, recognizing Iowa’s good fiscal position, high credit ratings from leading agencies, and low debt per capita compared to most other states.

· “The Iowa Economy has created 214,000 new jobs; surpassing our 2010 goal.” Sorry, no. That’s a fake statistic no economist would accept. It’s a shame the governor has instructed Iowa Workforce Development to keep cooking the books on employment.

· “If the state fails to implement managed care, the growth of Medicaid spending will consume virtually all of our revenue growth.” The Branstad administration has not been able to demonstrate that managed care will save the state money. Florida’s Medicaid privatization turned out to be more costly without improving patient care.

I was also disappointed not to hear more specifics about how Branstad envisions spending funds he would like to divert from school infrastructure to water programs. What kind of water quality programs would be prioritized, and who would administer them? Then again, details about this plan may be irrelevant, because Iowa House and Senate leaders don’t sound open to the idea.

For now, I want to focus on a much more promising part of Branstad’s address. To my surprise, the governor devoted a major section–roughly eight minutes of speaking time–to advocating for criminal justice reforms proposed by a working group he appointed in August. The group was charged with developing ideas to increase fairness and reduce racial disparities in Iowa’s criminal justice system. Click here to read the full recommendations released in November. Bleeding Heartland will discuss some of the proposals in more detail in future posts. Advocates for defendants’ rights and racial justice have generally welcomed the proposals.

Although some policies do not go far enough, and other important reforms are missing from the document, I’m encouraged to see the governor apply some political capital toward reducing systemic racism and inequities in the justice system. I enclose below the relevant portion of Branstad’s speech, with some annotations.

UPDATE: I can’t believe I forgot to mention one thing Branstad could do immediately to address a massive racial disparity in Iowa. His executive order making it extremely difficult for felons to regain their voting rights disenfranchises Iowans of all ethnic backgrounds but disproportionately affects racial minorities.

Hoping to improve on my percentages from last year, I offer sixteen Iowa politics predictions for 2016. Please spin your own scenarios in this thread.

I finally gave up on trying to predict whether Governor Terry Branstad will still be in office at the end of the year. Although his close adviser David Roederer “emphatically” says Branstad will serve out his sixth term, I am convinced the governor will resign early. But I can’t decide whether that will happen shortly after the November 2016 election or shortly after the Iowa legislature’s 2017 session.

In an emotional White House address, President Barack Obama announced today new executive actions aimed at reducing gun violence, including suicides as well as homicides and other crimes.

• Background Checks: Require all gun sellers — including online and at gun shows — to have a license and perform background checks. Have the FBI overhaul the existing background-check system.
• Enforcement: Improve the use of America’s existing gun laws, and add 200 new agents to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
• Mental Health: Remove barriers that can keep states from reporting and sharing information about people barred from owning guns for mental health reasons, and spend $500 million to increase access to mental health care.
• Technology: Push for research in gun safety technology, such as “smart guns” that can only be fired by authorized users. The research would be done by the Departments of Defense, Justice, and Homeland Security. The White House notes the federal government is “the single largest purchaser of firearms in the country.”

I enclose below more details on steps the president ordered as well as Iowa political reaction. I will update this post as needed, since some of the Iowans in Congress neither released statements on this issue nor responded to my requests for comment.

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

The foolishness of the Democratic National Committee’s policy on debates was on display again last night, as three knowledgeable, articulate presidential candidates met in a televised debate bound to draw relatively few viewers because of its timing. I decided to try something different and watch this debate without taking notes or live-tweeting, to experience the event more like a normal person would (to the extent that a person who spends a Saturday night during the holiday season watching a presidential debate could be described as normal). My impressions are after the jump, along with good links on the data breach that allowed Bernie Sanders staffers to access proprietary information about Hillary Clinton’s campaign from the voter file.

Although it didn’t get the biggest play online or on television, the most important political news of the week was arguably Congress approving legislation to fund the federal government through next September. Bleeding Heartland covered the Iowa voting and reaction here. Reading Representative Steve King’s lament about House leaders not including his nine “defunding” amendments in the omnibus budget bill reminded me of one of my all-time favorite King press releases. After House conservatives failed to get language into Homeland Security legislation on defunding President Barack Obama’s immigration-related executive orders, King’s official statement featured an image of interlocking fishing nets to illustrate his analysis: “The fish trap that Republicans have been swimming further and further into finally trapped them today. The White House is having a fish fry.”

The New York Times had to publish major corrections to another blockbuster scoop this week. Matt Apuzzo and Michael Schmidt, the two main authors of the inaccurate story about a San Bernardino shooter, also wrote the almost completely wrong New York Times front-pager from July about Hillary Clinton’s e-mails. The Times’ public editor Margaret Sullivan wrote a strong column about the latest screw-up, a “failure of sufficient skepticism at every level of the reporting and editing process.” Absurdly, the newspaper’s editors tried to blame the unnamed government sources for not understanding social media. Journalists need to confirm key facts before publication, because their anonymous sources may be leading them astray, either accidentally or by design.

One of the best long reads I’ve seen lately was this harrowing piece by Ken Armstrong and T. Christian Miller for The Marshall Project about a serial rapist and one of his victims, whom police wrongly charged with filing a false rape report.

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

Arguments over the appropriate U.S. response to refugees from Syria were a hot topic this week in personal conversations as well as in the news media. I saw some longtime friendships strained over heated Facebook threads about the question. Governor Terry Branstad’s order “to halt any work on Syrian refugee resettlements immediately in order to ensure the security and safety of Iowans” provoked commentaries in several major newspapers and an unusually strong statement from Iowa’s four Catholic bishops.

The U.S. House vote to in effect stop the flow of refugees from Syria and Iraq generated passionate comments from supporters and opponents of the measure. Dozens of Iowans expressed their disappointment on the thread under Representative Dave Loebsack’s official statement explaining his vote. In an apparent response to negative feedback from progressives, Loebsack’s Congressional campaign sent an e-mail to supporters the following day, trying to distinguish his position on refugees from the Middle East from that of many Republicans, and assuring that “we will not turn our backs on those in need.” (Scroll to the end of this post to read that message.)

Calls by some politicians to admit only certifiably Christian refugees from the Middle East triggered strong emotions in many American Jews this week. I saw it on my social media feeds, where many people reminded their non-Jewish friends and acquaintances that the U.S. turned away a ship carrying hundreds of Jews fleeing Nazi Germany in 1939. The United States Holocaust Memorial Museum issued a rare statement on a political matter (enclosed below), urging “public figures and citizens to avoid condemning today’s refugees [from Syria] as a group.”

I’ve seen many people object to that analogy, saying reluctance to admit Syrian refugees is grounded in legitimate fears for public safety, unlike the prejudice that influenced U.S. immigration policy during the 1930s. But as historian Peter Shulman explained in this commentary for Fortune magazine,

Opposition to Jewish refugees was not simply timeless bigotry. With today’s talk of “Judeo-Christian” values, it is easy to forget the genuine alienness and threat to national security these refugees represented. […]

Behind these [1939 poll] numbers [showing widespread hostility toward Jews] lay a toxic fear of Jewish subversion. For decades, Jews had been linked to various strains of un-American threats: socialism, communism, and anarchism, of course, but also (paradoxically) a kind of hyper-capitalism. Many believed that the real threat to the United States lay not from abroad, but within.

One author of a recent letter to the Des Moines Register called for vetting Syrian refugees at the U.S. facility for holding suspected terrorists at Guantanamo Bay: “My Irish ancestors went through a similar process at Ellis Island. The vetting procedure was very different for them. They were checked to be sure they weren’t carrying diseases into America. We need to be sure that the refugees coming into our country don’t come with a mind disease goal of killing us, instead of seeking a new life for themselves, like my Irish ancestors did.” Here’s some news for letter-writer Janet Boggs: when the first large waves of Irish ancestors entered this country during the 1840s and 1850s, many native-born Americans considered them and other Catholic immigrants an existential threat to this country, not harmless migrants seeking a better life. Read up on the Know-Nothing Party.

Today’s Sunday Des Moines Register includes a letter to the editor from Republican State Representative Steve Holt, who thanked Branstad for making “the safety of Iowans” his priority. Holt warned, “If we expect Western civilization to survive, we must abandon political correctness and educate ourselves on the realities of Islam, and the instrument of its implementation, Sharia law.” Holt represents half of GOP State Senator Jason Schultz’s constituents in western Iowa; Schultz has been beating the “Sharia law” drum for months while agitating against allowing any more refugees from the Middle East to settle in Iowa. UPDATE: I should have noted that today’s Register also ran a letter to the editor from Democratic State Representative Marti Anderson, who made the case for welcoming refugees. I’ve added it after the jump.

Speaking of security risks, yesterday Ryan Foley reported for the Associated Press on questions surrounding the threat assessment teams many universities formed after the 2007 mass shooting at Virginia Tech. I didn’t know that the University of Iowa sent “a detective with the campus threat assessment team” to a fake news conference communications Professor Kembrew McLeod organized in August to poke fun at efficiency measures outside consultants recommended for Iowa’s public universities. I had forgotten about the lawsuit stemming from false accusations that a whistleblower employee in the Iowa State College of Engineering’s marketing department might be a “potential terrorist or mass murderer.” Officials spreading such rumors about the employee included the former boss whose shady conduct he had exposed. Excerpts from Foley’s article are below, but click through to read the whole piece.

Ten days after ending his quest for the Democratic presidential nomination, former U.S. Senator Jim Webb appears to be leaning toward an independent candidacy. His guest editorial in today’s Washington Post is titled, “America needs an independent presidential candidate.” Excerpt:

Sen. Bernie Sanders (I-Vt.) notwithstanding, the Democratic Party has coalesced around a member of a powerful, moneyed dynasty whom at this point most Americans do not trust and half do not like. If successful, she would guarantee further gridlock; if unsuccessful, she could lead the Democratic Party to the same dismal results it experienced in the elections in 2010 and 2014.

Tectonic shifts occur slowly but eventually they produce earthquakes. It is becoming ever clearer that we are on the cusp of a new era in U.S. politics, driven by the reality that a large percentage of Americans really do dislike both political parties and their leaders. They want and deserve something different, and nowhere is that reality more clearly seen than in the presidential race, in which the extremes that have taken over the nominating process have become glaringly obvious.

There can be no better answer to these developments than electing as president a tested, common-sense independent who can bring to Washington a bipartisan administration to break the gridlock paralyzing our political debates and restore the faith of our people in their leaders.

I am in the process of deciding whether to mount such a campaign. Clearly, the need for another option grows stronger and more apparent by the day.

Disenchantment with the major political parties is nothing new. But if the much better-known independent candidate Ross Perot couldn’t win a single state after spending some $60 million on his 1992 presidential bid, how on earth does Webb think he could be elected next year? He’d need to raise an estimated $8 million just to get on the ballot in all 50 states. In his last fundraising quarter as a Democratic candidate, Webb raised less than $700,000.

For a fraction of the expense of running for president, Webb could become an influential nationwide advocate for criminal justice reform. I remain hopeful that after weighing the costs and benefits, Webb will reject a hopeless vanity bid in favor of an issue-based campaign to change this country for the better.

Six months after the Federal Bureau of Investigation acknowledged that flawed testimony about hair analysis may have caused innocent people to be convicted of crimes, the State Public Defender’s office has created a new Wrongful Conviction Division “to determine whether similar errors have occurred in Iowa cases” and to “pursue available legal remedies.” I enclose below the press release announcing the new office, which will collaborate with Iowa Division of Criminal Investigation, the Innocence Project of Iowa, and the Midwest Innocence Project. People seeking to have their cases reviewed can submit this 12-page intake questionnaire (pdf).

State Public Defender Adam Gregg deserves credit for making this happen less than a year after Governor Terry Branstad appointed him to the job. (A former legislative liaison for Branstad, Gregg ran unsuccessfully for Iowa attorney general in 2014.) The press release indicates that Gregg repurposed a vacant position in his office using existing appropriations. Taking that route allowed him to move more quickly than if he had lobbied state lawmakers for funding to create a Wrongful Conviction Division. Gregg also hired a serious person to run the new division in Audrey McGinn, who spent four years as a staff attorney for the California Innocence Project. Scroll to the end of this post for more background on McGinn’s work.

Radio Iowa’s O. Kay Henderson reported from the October 26 press conference,

“What’s an acceptable error rate for our criminal justice system?” State Public Defender Adam Gregg asked this morning. “Even if we get it right 99 percent of the time and only get it wrong one percent of the time, that would mean there are over 80 innocent people currently incarcerated in Iowa prisons. And at what cost? To the state, it’s about $34,000 per year per inmate. But what about to their families, to their lives and to their sanity? And at what cost to public safety?”

Gregg said when the wrong person is convicted, that means the real criminal isn’t held accountable. The first batch of cases to be reviewed by this new division date back to the 1980s and early ’90s.

Criminal defense attorney Nick Sarcone commented to Bleeding Heartland, “I think this is an important step towards ensuring the integrity of our justice system. However, we need to spend more time, energy and money fixing the substantial issues which plague our system at the trial court level. We need to ensure this new unit is not investigating cases from 2015 in 2030.”

UPDATE: Added below criminal defense attorney Joseph Glazebrook’s reaction to this news.

After six years as U.S. attorney for Iowa’s Southern District, Nick Klinefeldt will leave that position next month to go back to private law practice. I enclose below the full press release on his departure. Among other things, the former defense attorney highlighted his work on national committees “to update and expand discovery policies to ensure defendants [in federal courts] receive all of the information they need to adequately defend themselves, and revamp sentencing practices to ensure the end result of a prosecution is fair.” He also

developed a comprehensive discovery policy for the Southern District of Iowa that ensures criminal defendants receive even more information about the case against them than is required by the rules and that they receive it quickly. This policy included the development of a Stipulated Discovery and Protective Order that is now universally used in all criminal cases across the district. United States Attorney Klinefeldt also changed the way the office utilized mandatory minimum sentences, to ensure that they were only used when absolutely necessary.

U.S. House race-watchers had their eye on Klinefeldt earlier this year as a possible Democratic candidate in Iowa’s third Congressional district, but I have never heard of Klinefeldt signaling any intention to run. In recent weeks, the local Democratic establishment has been consolidating around Jim Mowrer, one of two declared challengers to first-term Representative David Young. Today Klinefeldt confirmed that he is not planning to run for Congress, Grant Rodgers reported for the Des Moines Register.

UPDATE: Michael Gartner wrote an excellent commentary on Klinefeldt’s record for the Des Moines-based weekly Cityview. Scroll to the end of this post for excerpts.