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.

Former U.S. Senator Jim Webb ended his campaign for the Democratic presidential nomination today. Warning that “The very nature of our democracy is under siege due to the power structure and the money that finances both political parties,” Webb said he will spend the next few weeks deciding whether to run for president as an independent. He still believes he “can provide the best leadership” to meet the country’s challenges and intends “to remain fully engaged in the debates that are facing us.”

Former New Mexico Governor Gary Johnson, who was the Libertarian Party’s presidential nominee in 2012, recently estimated that getting on the ballot in all 50 states would cost about $8 million and would require a lot of organizational work. Webb asserted today, “I have no doubt that if I ran as an independent we would have significant financial help.” But his presidential campaign raised less than $700,000 during the entire third quarter. Nor did Webb build much of an organization, even in the early-nominating states.

Webb could devote the next year to seeking ballot access and public attention, winning a few percent of the vote in the best-case scenario. Or, he could influence a salient public policy debate that is close to his heart with a much smaller investment of his time and other people’s money.

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

Former State Senator Kent Sorenson testified this week in the trial of two former Ron Paul presidential campaign aides. (A judge dismissed charges against a third man who had been indicted in the same case.) After initially claiming to be the victim of a “straight-up political witch hunt,” Sorenson eventually pled guilty to federal charges related to accepting hidden payments. He had been negotiating with Paul’s operatives for months on a price for changing his allegiance from presidential candidate Michele Bachmann to Paul less than a week before the Iowa caucuses.

Russ Choma wrote up Sorenson’s testimony for Mother Jones, and Grant Rodgers has been covering the trial for the Des Moines Register. On Thursday, Sorenson testified that he was upset when some staffers for Michele Bachmann’s campaign treated him “like a leper,” after he revealed that he had considered switching to Paul and was offered money to do so. Dude, what did you expect? Asking to be paid for a presidential endorsement should get a person shunned from polite society. People with leprosy should take offense at being compared to a guy like you.

Sorenson said in court the next day that going into politics was “a waste of my life, and I wish I had not done it.” I would guess a large number of Iowans in both parties also wish he had never gotten involved with politics.

Ten days ago, Polk County District Court Judge Douglas Staskal heard arguments in a case challenging Governor Terry Branstad’s veto of funding for two in-patient mental health facilities his administration decided to close earlier this year. In one exchange, Deputy Attorney General Jeffrey Thompson asserted that the governor could theoretically shut down the state’s court system by exercising his veto power to reject all appropriated funds for the judiciary. He noted that the constitution gives state lawmakers power to override a governor’s veto (through a two-thirds majority vote in both the Iowa House and Senate), and courts should not take on that role if legislators decline to do so.

I would like to hear attorneys’ opinions on whether the governor’s veto power extends so far. Can the governor eliminate virtually any part of state government by blocking appropriations for it, as long as at least one-third plus one member of one chamber of the legislature will back up his political agenda?

I’ve posted excerpts from these reports after the jump.

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

Even knowing how infrequently police officers are held accountable for shooting unarmed black people, I’m stunned two outside reviews determined it was “reasonable” for a Cleveland police officer to use deadly force against twelve-year-old Tamir Rice last year. You don’t have to study that case thoroughly to recognize that “officers rushed Tamir and shot him immediately without assessing the situation in the least.” Police fired twice at short range within seconds, then didn’t offer first aid to the boy who had been holding a pellet gun.

The Washington Post maintains the most complete database on fatal shootings by on-duty police officers, tracking such cases more thoroughly than the federal government. This week Kimberly Kindy published an outstanding investigative report for the Post about how often police departments refuse to release videos of fatal incidents, even though “officers investigated in fatal shootings are routinely given access to body camera footage.” I’ve posted excerpts below, but you should click through to read the whole article.

Kindy discussed at length the accidental shooting of Autumn Steele by a Burlington, Iowa police officer in January of this year, and the fight to gain access to video of the tragedy. Kindy found that of 760 fatal shootings by police across the country so far in 2015, 49 incidents were “captured by body camera,” but “Just 21 of those videos – less than half – have been publicly released. And in several of those cases, the footage, as in Burlington, was severely cut or otherwise edited.” State officials released only a 12-second excerpt from the body cam video of the Steele shooting. I’ve also posted below clips containing background on Steele’s death and her family’s battle with authorities trying to keep relevant information secret.

Public pressure to equip more on-duty police officers with body cams has mounted over the past year, but such programs incur much greater costs than simply purchasing the cameras, Brian Bakst and Ryan Foley reported for the Associated Press in February. Departments must pay ongoing software and data storage fees.

“Everybody is screaming, ‘We need body cameras.’ But nobody is saying, where is the money coming from? What are you going to do with all the data? Who is going to manage it?” said Sgt. Jason Halifax of the Des Moines Police Department, which is struggling to identify a funding source for $300,000 to start a program. “Are we going to cut personnel? Are we going to increase taxes?”

One of the most shocking Iowa news stories I read this week appeared on the Ottumwa Evening Post website October 8. Pam Credille recounted how one night in June, a misread license plate led to a police pursuit that “should have never happened” under the Fairfield Police Department’s policy. Officers continued to pursue the car far beyond city limits (again violating department policy), and one officer was tempted to try to “box in” the fleeing vehicle (which would have been another violation). After the car spun into a ditch, Fairfield police officers ran toward it and fired several shots each. It’s just dumb luck neither of the unarmed teenagers inside were injured or killed. Credille’s story contains eight YouTube videos taken from police car dashboard camera footage before, during, and after the shooting incident. The officers involved were not disciplined; Fairfield Police Chief Dave Thomas told Credille, “I believe they responded appropriately and were safe and did a good job in defending themselves.” From what?

The Ottumwa Evening Post report reminded me of Tyler Comstock’s shooting death at the hands of an Ames police officer in November 2013. But in that incident, Comstock’s father initiated the police pursuit of his son by reporting his truck stolen after the 19-year-old took it without permission. As in the case of Autumn Steele, the county attorney determined the officer’s actions to be justified. Comstock’s family has since filed a wrongful death claim. UPDATE: Bleeding Heartland user rockm noted in the comments that the city of Ames settled with Comstock’s family “to avoid litigation.”

Yesterday Senator Chuck Grassley stood with colleagues from both parties to unveil the Sentencing Reform and Corrections Act of 2015. President Barack Obama advocated for criminal justice reform in this year’s State of the Union address, but six months ago, prospects for any progress toward that goal seemed dim. All paths to passing such a bill led through the Senate Judiciary Committee, which Grassley chairs. As Senator Richard Durbin noted yesterday, Grassley had been “very skeptical” about criminal justice reform and “said so repeatedly.” For example, Grassley delivered a harsh Senate floor speech in March, accusing the “leniency industrial complex” of misleading people about “nonviolent” or “low level” drug offenders. Who would have guessed the same man would stand up now to hail this “landmark piece of legislation” as the “biggest criminal justice reform in a generation” and the product of “a very thoughtful bipartisan deliberation by the Congress”?

I enclose below a summary of the Sentencing Reform and Correction Act’s key points, along with a press release with links to the full bill text and a section-by-section analysis. I also included several perspectives on the bill’s value. Reform advocates have generally embraced the step; the non-profit Sentencing Project called it “momentous legislation,” ending the “disastrous era of ‘tough on crime’ politics.” On the other hand, Shane Bauer argued in Mother Jones that the bill “doesn’t live up to its own hype.”

Scroll to the end of this post to read the full text of Grassley’s March 10 floor speech, which underscores how hard his colleagues on the Judiciary Committee had to work to bring the chairman around.

Any relevant comments are welcome in this thread. I’ve never found much to admire about tea party hero Senator Mike Lee of Utah, but all credit to him for making criminal justice reform a priority. At yesterday’s press conference, he recalled a story that ignited his passion to work for change. When Lee was an assistant U.S. attorney, a case came to his office involving a father of two in his mid-20s. The man had “made some mistakes,” selling marijuana three times over a 72-hour period while carrying a gun. He was slapped with a 55-year mandatory minimum sentence. “I don’t mean to condone what he did,” Lee said, “but I’ve never met anyone who thought a 55-year sentence was appropriate in that case. He’s going to be in jail until he’s 80.”

A new Iowa Domestic Violence Helpline started taking calls today, MacKenzie Elmer reported for the Des Moines Register.

Survivors from any corner of the state can call the free and confidential number, 800-770-1650, to reach one of fifteen staff members who are trained to handle everything from crisis situations to counseling. […]

Before the hotline, survivors called either law enforcement or their local advocacy program. Though most programs have someone ready to answer the local crisis line 24/7, some survivors’ calls may have gone unanswered.

Local programs and advocates can now forward those calls to the hotline, where an expert can direct that survivor to the services he or she needs. […]

The statewide hotline should also provide a greater level of anonymity for survivors, [Iowa Attorney General’s Office crime victim assistance division director Janelle] Melohn said, since those living in rural areas may be hesitant to call their local program for fear that the person on the other line will recognize them.

The helpline’s launch coincides with the start of Domestic Violence Awareness Month, which grew out of efforts during the 1980s to “connect advocates across the nation who were working to end violence against women and their children.” In that spirit, I enclose below twelve links to resources for people who have been or are currently threatened by domestic violence, or care about someone in an abusive relationship.

Polk County District Court Chief Judge Arthur Gamble on Monday dismissed a lawsuit that challenged Iowa’s restrictions on felon voting and procedure for regaining voting rights after a felony conviction. Kelli Jo Griffin filed the lawsuit last November, having previously been acquitted on perjury charges related to registering to vote and casting a ballot in a local election. Griffin did not realize she was ineligible to vote because of a prior drug conviction. The American Civil Liberties Union of Iowa is representing her in the case, which claims Iowa law and an executive order Governor Terry Branstad issued in January 2011 unconstitutionally restrict the plaintiff’s fundamental right to vote.

A plurality of three Iowa Supreme Court justices indicated last April that they do not believe all felonies rise to the level of “infamous crimes,” which under the Iowa Constitution justify revoking citizenship rights. But that opinion did not strike down current Iowa law, which holds that any felony conviction leads to the loss of voting rights. Chief Judge Gamble noted in his ruling that he is bound by precedent on felon voting cases “until a majority of the Iowa Supreme Court” rules otherwise.

The chief judge also determined that Branstad’s executive order does not unconstitutionally restrict Griffin’s voting rights, because the paperwork and fees required are “not an unreasonable burden for a felon to shoulder.” His conclusions don’t acknowledge certain realities about the arduous process Branstad established, which “made Iowa one of the most difficult states in the nation for felons who want to vote” and create more hurdles for low-income Iowans than for those with financial resources. I enclose more thoughts on that angle below, after excerpts from Gamble’s ruling.

The ACLU will appeal the District Court’s decision to the Iowa Supreme Court. Ever since an unlikely chain of events opened the door for the high court to re-examine felon voting rights, it’s been obvious some non-violent offender like Griffin would bring a test case resembling this one. The big question now is whether Justice Brent Appel, who recused himself from last year’s related case, will align with his three colleagues who appear ready to declare that certain felonies are not “infamous crimes.”

Representative Steve King owes much of his political notoriety to hyping alleged threats posed by immigrants. From being the Iowa legislature’s leading advocate for an “official English” law to sparking a national uproar over his claim that there are 100 drug mules for every “DREAMer” who’s a valedictorian, King is a voice for those who believe immigrants–particularly Hispanic immigrants and their progeny–may drag the U.S. down to “Third World status.” His official Congressional website features a section on “illegal immigration stories,” highlighting violent crimes committed by people not authorized to live in this country. He is the primary Congressional sponsor of legislation to end birthright citizenship, a stance that is becoming more mainstream in the Republican Party. He led the successful fight to prevent DREAMers covered under President Barack Obama’s Deferred Action for Childhood Arrivals from enlisting in the U.S. military.

Yet a new report on “The Integration of Immigrants into American Society” belies most of King’s scaremongering about demographic shifts in the U.S. population. Julia Preston summarized the report’s highlights for the New York Times.

Iowa Attorney General Tom Miller has informed 56 Republican state legislators that his office has neither “jurisdiction over transfers of fetal tissue” nor the “authority to investigate or demand information about the transfer of fetal tissue.” In a letter dated today, Miller noted that “Iowa does not have any state laws governing the transfer of fetal tissue,” which means that only offices of U.S. Attorneys are able to enforce federal laws in this area.

Last month, the GOP lawmakers asked Miller’s office “to investigate current and planned abortion operations within Iowa to ensure compliance with the law.” Their letter set out ten detailed questions regarding the disposal, donation, or possible sale of body parts following abortions. Miller directed the legislators to contact U.S. attorneys’ offices in Iowa if they “have reliable information that federal laws relating to fetal tissue are being violated.”

I enclose below the August 24 letter from Iowa House and Senate Republicans, today’s written response from Miller, and a two-page letter Planned Parenthood of the Heartland provided to the Attorney General’s Office regarding the lawmakers’ query. Planned Parenthood’s response noted that the organization “does not now, and has not in the past, participated in” any fetal tissue donation programs but adheres to “rigorous standards of care” and “compliance with all applicable laws and regulations” in every area of its work, including abortion services.

Many Iowa Republicans will be furious, not only because Miller will not act on their unfounded suspicions, but also because the Attorney General’s Office responded to their query in what appears to be a textbook late-afternoon, pre-holiday-weekend news dump.

Also worth noting: Iowa House Speaker-select Linda Upmeyer and incoming House Majority Leader Chris Hagenow did not sign the August 24 letter to Miller, but House Speaker Pro-Tem Matt Windschitl, incoming Majority Whip Joel Fry, and Assistant Majority Leaders Zach Nunn, Jarad Klein, and Walt Rogers did. Iowa Senate Minority Leader Bill Dix did not sign the letter, but Minority Whip Jack Whitver and Assistant Minority Leaders Rick Bertrand, Randy Fenestra, Charles Schneider, and David Johnson did.

Another Throwback Thursday post is coming later today, but I’ve been meaning to catch Bleeding Heartland readers up on Anesa Kajtazovic. She served two terms in the Iowa House, having stepped in following legal troubles for the previous Democratic incumbent in a Waterloo-based district. Kajtazovic did not seek re-election to the state legislature in 2014. Instead, she ran for Congress in Iowa’s first district, finishing fourth in the Democratic primary.

The Waterloo-Cedar Falls Courier reported in June that Kajtazovic had become executive director of the Family & Children’s Council of Black Hawk County, a non-profit “focused on child and sex abuse prevention, parenting education and other programming.” At this writing, the council’s website is down, but this note on the organization’s Facebook page summarizes various parenting classes, children’s programs, and family services offered in the Cedar Valley area. A few weeks ago, Holly Hudson reported for the Courier on Kajtazovic’s work for the Family & Children’s Council. I’ve posted excerpts after the jump, but I encourage you to click through to read the whole piece.

Our culture tends to glamorize success in the business world, rather than the non-profit sector. But I can hardly think of a more valuable way for Kajtazovic to dedicate her time and energy. The Family & Children’s Council is working on many of the most pressing issues related to children’s physical safety and long-term health. Vehicle accidents are a leading cause of death and serious injury; the council helps provide car seats to needy families and runs training sessions on how to use them properly. The council’s staff “visit well over 600 families [of newborns] a year in the hospitals,” according to Kajtazovic. That kind of outreach to parents of newborns has been shown to reduce child abuse. Social workers may also spot early risk factors for postpartum depression, helping women find resources if needed. Other staff or volunteers reach thousands of children in area schools with programs like “Take Charge of Your Body,” a curriculum aimed at preventing sexual abuse. Ideally, parents would teach their children about good touch/bad touch and similar rules. But since those conversations are not happening in many households, what a child learns at school about saying no, getting away, and telling an adult could be life-changing.

The U.S. Election Assistance Commission has determined that spending $240,000 on criminal investigations of voter fraud in Iowa was an “allowable, allocable and reasonable” use of federal Help America Vote Act funds, Ryan Foley reported for the Associated Press today. I enclose the commission’s two-page memorandum of August 13 after the jump (hat tip to Foley). A spokesman for the commission told the AP “he wasn’t aware of other states using HAVA funding for similar investigations.”

Former Secretary of State Matt Schultz made battling voter fraud a major theme of his four years in office. The full-time investigator, pulled from other work at the Iowa Department of Criminal Investigations, turned up a few examples of improper registration and voting but no evidence of any large-scale voter fraud problem. Democratic State Senator Tom Courtney was among the leading critics of Schultz’s use of HAVA funds for that purpose. In October 2012, he requested state and federal audits of the matter. Deputy State Auditor Warren Jenkins announced in December 2013 that his office’s review could not determine whether criminal investigations were a proper or improper use of HAVA funds. He advised the Secretary of State’s Office to “have a plan in place” in case Iowa needed to repay the money to the federal government later.

The commission’s ruling is a lucky break for Schultz, who was elected Madison County attorney last November after losing the GOP primary in the third Congressional district. He’s keeping busy now as state chair for Senator Ted Cruz’s presidential campaign. When Schultz seeks higher office again, he can claim he was vindicated in using federal funds to investigate fraud.

For those wondering why it took federal officials so long to consider Iowa’s use of HAVA money: because Senate Republicans refused to confirm President Barack Obama’s nominees, the Election Assistance Commission didn’t have the necessary quorum to take any official actions from 2010 until January of this year, when three new commissioners were sworn in. Senators had confirmed them during the December 2014 lame-duck session of Congress as part of a large bloc of nominees approved by unanimous consent.

UPDATE: Added below a statement from Courtney urging Secretary of State Paul Pate “to formally pledge not to use federal funds for any future voter purge effort” and to make clear “that Iowa is no longer one of the states where election officials use tax dollars to suppress voter turnout.”

SECOND UPDATE: Schultz told the AP, “This was always about improving the administration of elections.” Rita Bettis, legal director for the American Civil Liberties Union of Iowa, called it “truly troublesome for our national democracy” that Schultz’s “model of voter intimidation can now be exported to other states ahead of the 2016 General Election.”

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

More than twenty Iowa Democratic county committees put on a great “Wing Ding” in Clear Lake Friday night. The Surf Ballroom was packed to capacity, thanks to appearances by four of the five Democratic presidential hopefuls. Despite a fairly long list of speakers including candidates for U.S. House and Senate and State Senator Amanda Ragan, who was receiving an award, the Wing Ding amazingly finished ahead of schedule. I enclose below my take on all the speeches.

For those following the saga of three former Ron Paul campaign operatives, recently indicted for their role in making illegal payments to then State Senator Kent Sorenson: Russ Choma covered the prosecutors’ latest court filing for Mother Jones. Prosecutors allege the operatives “were prepared to leak documents to harm Sorenson in 2012 if they couldn’t obtain his endorsement for Ron Paul.” An attorney for Jesse Benton acknowledged that in late 2011, his client “threatened to expose Mr. Sorenson, believing that Mr. Sorenson was trying to blackmail the 2012 RP Campaign, if Mr. Sorenson did not make up his mind on whether to commit to the Ron Paul Campaign.” But the lawyer said Benton did not follow through on what he described as “a knee-jerk, emotional reaction.” Of course, there would have been no reason to carry out the threat after Sorenson agreed to take the money in exchange for switching his allegiance to Paul.

Marking the one-year anniversary of the militarized police crackdown on protesters in Ferguson, Missouri, Molly Redden wrote a fascinating piece for Mother Jones on how local law enforcement agencies have justified their requests for “combat style weapons, trucks, and armor.” Redden noted that in public, representatives of police organizations have cited “hostage situations, rescue missions, and heavy-duty shootouts” to justify the need for military equipment. But when requesting mine resistant ambush protected vehicles through official channels, “very few sheriffs and police chiefs cite active shooters, hostage situations, or terrorism […].” More often, they indicated plans to use the equipment for SWAT raids, drug enforcement, or serving warrants.

Through the Freedom of Information Act, Redden obtained more than 450 local requests for armored vehicles submitted during the past two years. She uploaded the documents here. Ten requests came from Iowa law enforcement agencies (the Iowa State Patrol, five county sheriff’s offices, and four city police departments). Those may not represent all the Iowa requests for armored vehicles; Redden told me she requested only applications with something written in the “special considerations” section of the form. However, I would assume that most police forces seeking to obtain heavy equipment from the military would explain why they need the armored vehicle and/or how they plan to use it.

After the jump I’ve enclosed links to the Iowa documents obtained by Redden and quoted each police or sheriff’s department explanation for requesting an armored vehicle.

President Barack Obama implemented new federal rules in May to prohibit transfers of certain military equipment to local police: namely, “tracked armored vehicles, bayonets, grenade launchers, camouflage uniforms, and large-caliber weapons and ammunition.” All of the Iowa documents Redden obtained requested armored vehicles on wheels (though the Scott County Sheriff’s Office indicated it would also accept tracked vehicles).

On a related note, in June the U.S. House rejected amendments to next year’s military budget that would have “prohibited funds from being used for the Pentagon to transfer flash-bang grenades and armored vehicles to local police departments.” Republicans Rod Blum (IA-01) and David Young (IA-03) voted for the unsuccessful attempt to stop transfers of armored vehicles to police departments. Democrat Dave Loebsack (IA-02) and Republican Steve King (IA-04) voted against that amendment.

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

Ryan Foley’s August 3 story for the Associated Press was disturbing on several levels. A “Serious Mismanagement Report” described a “decade of dysfunction” at the Effigy Mounds National Monument in northeast Iowa. Between 1999 and 2010, “78 construction projects costing a total of $3.4 million were approved there in violation of federal laws meant to protect archaeological resources and historic sites.” Also troubling: National Park Service officials have suppressed the report’s publication and recently denied that it existed. They have commissioned another team to write a separate (less critical) review of Effigy Mounds operations. National Park Service deputy regional director Patricia Trap delivered some unintentional comedy when she said, “I’m not denying some serious mismanagement […] But also there were actions taken along the way that were actually appropriate management.” I’m so relieved to know that Effigy Mounds officials handled some matters appropriately in addition to the seventy-eight projects that failed to comply with federal law.

Iowa Public Radio’s Morning Edition with Clay Masters interviewed Foley about the mismanagement and next steps at Effigy Mounds. Click through for the audio and transcript.

The Des Moines Register published a front-page piece by Grant Rodgers on August 5 about the “uncertain future” for Iowa’s regional drug courts. Those courts steer defendants into treatment rather than prison, turning lives around at lower cost than incarceration. “Yet despite their popularity among prosecutors, judges and community leaders, several Iowa drug courts have experienced sluggish legislative funding – so much so that they now are in jeopardy,” Rodgers reports. What a classic case of penny-wise and pound-foolish budgeting by state legislators who brag to their constituents about fiscal responsibility. With an ending balance (surplus) of at least $300 million expected for Iowa’s budget in the 2016 fiscal year, it’s ridiculous that the drug court in Council Bluffs will shut down on October 1, with courts in Burlington and Ottumwa “at risk of closing” later this year.

The front page of today’s Sunday Des Moines Register features a depressing must-read by Tony Leys about former residents of the now-closed Iowa Mental Health Institute at Clarinda, which “cared for some of the frailest and most complicated psychiatric patients in the state.” Of the eighteen people who lived in the Clarinda facility earlier this year, eight

were transferred to four traditional nursing homes, all of which are rated “below average” or “much below average” on a federal registry. The four facilities are in the bottom 29 percent of Iowa nursing homes for overall quality, according to the Medicare registry. Two of those eight patients died shortly after their transfers.

I’ve enclosed excerpts from all of the above stories after the jump, but I recommend clicking through to read the articles in their entirety.

Jim Webb is focused on executive leadership and getting proven results. Candidates that simply use applause lines to get votes will not be able to get results when they find themselves in a jam with Congress. Webb deserves your consideration in the Democratic nominating process because he delivered on the Post 9-11 G.I. Bill, which was a piece of legislation that he wrote before he came to the U.S. Senate. The Post 9-11 G.I. Bill has allowed millions of veterans advance their education and reach their true occupational goals. Jim Webb got results as a pro-bono attorney advocating for veterans that needed to navigate the bureaucracy of the Veterans Administration.

What’s on your mind this weekend, Bleeding Heartland readers? Ten days after the New York Times published a train wreck of an exclusive about Hillary Clinton’s e-mails, the fallout continues. Kurt Eichenwald walked through many factual errors and “fundamentally deceptive” frames in the report about a “criminal referral” that never existed. The Times’ Public Editor Margaret Sullivan dug into how a story “fraught with inaccuracies” ended up on the front page. Matt Purdy, the “top-ranking editor involved with the story,” told Sullivan, “We got it wrong because our very good sources had it wrong.” New York Times Executive Editor Dean Baquet suggested the mistakes “may have been unavoidable.”

Really? No chance you got played by “very good sources” who are out to get Hillary Clinton? It wouldn’t be the first time. Representative Elijah Cummings, the ranking Democrat on the House Select Committee on Benghazi and the House Committee on Oversight and Government Reform, made a strong case that the Times fell for a familiar “ploy” of letting partisan anonymous sources “mischaracterize” documents reporters have not seen. The Clinton campaign’s official response is devastating, which may be why Baquet refused to publish it.

Some mistakes are inevitable when covering current events on a tight deadline, but thankfully, few political writers will ever commit malpractice on this scale. Aspiring journalists everywhere should study the cautionary tale. I liked Josh Marshall’s “thought experiment” for reporters “about to publish a big piece or something a lot rides on”:

Pretend that the story blows up in your face. And you have to explain to me or your editor what went wrong. If you’re the reporter in that case, you take your lumps but when you have that conversation, you really want to be able to say and explain how you covered every base, checked every box on the list and it still went wrong. When you go through that exercise it often makes you think of some box that hasn’t been checked that you really want to have checked if you find yourself in a real version of that hypothetical conversation.

I hope the Times will assign Matt Apuzzo and Michael S. Schmidt to different beats, because they have lost all credibility to report on Clinton.

This post is an open thread: all topics welcome.

The New York Times Magazine featured an article around the life of a former gang member and addict, Dr. Jesse De La Cruz, who currently serves as an expert witness in some California jury trials.  His testimony has convinced juries on some occasions that a person is not a gang member.  That’s not to say that the defendant was not convicted of a crime; it’s just that he wasn’t convicted of being a gang member.

Late last week the U.S. House voted to “withhold certain federal law enforcement grants to cities that have policies designed to shelter illegal immigrants from deportation,” Cristina Marcos reported for The Hill. The “Enforce the Law for Sanctuary Cities Act” passed on a mostly party-line vote of 241 to 179 (roll call). Iowa Republicans Rod Blum (IA-01), David Young (IA-03), and Steve King (IA-04) voted for the bill, while Democrat Dave Loebsack (IA-02) voted against it.

King is a leading voice for House conservatives on immigration policy, some of whom wanted the sanctuary cities bill to go further. House Majority Leader Kevin McCarthy helped bring the Iowa Republican on board last week by promising “to bring enforcement immigration legislation to the floor after August,” Seung Min Kim reported for Politico, citing an e-mail King sent to fellow House members. What a change from two years ago, when King was battling to stop House leaders from bringing up the Senate-approved comprehensive immigration reform bill.

Senator Chuck Grassley has introduced legislation in the upper chamber to target “sanctuary cities” and presided over a Senate Judiciary Committee hearing to discuss his bill on July 21, Mike Lillis reported. “There is no good rationale for noncooperation between the feds and state and local law enforcement,” according to Grassley. A White House statement indicated that President Barack Obama would veto such legislation and urged Congress to give the president’s 2014 executive orders on immigration “a chance to work,” because they prioritize deporting “the worst offenders”–in contrast to the “coercive approach” of the House bill on sanctuary cities.

The term “sanctuary city” has no precise legal definition. No Iowa municipality has embraced the label, although Iowa City officials have considered the issue in recent years. Some maps of sanctuary cities do not show any existing in Iowa, while others list many Iowa locations where county officials will not honor a detainer from U.S. Immigrations and Customs Enforcement without a judge’s approval. Incidentally, that policy doesn’t just apply to a few liberal enclaves; county jails in rural, conservative areas like Ida, Monona, Greene, and Franklin counties have adopted the same approach.

UPDATE: Forgot to mention that in June, King offered an amendment to the Justice Department appropriations bill that “prohibits Justice Department grants from being used for policies employed by sanctuary cities to shelter illegal immigrants.” King’s amendment passed with support from fellow Iowa Republicans Blum and Young; Loebsack and every other Democrat present voted against it.

Former State Senator Kent Sorenson faces new criminal charges of domestic abuse assault and interference with official acts, KCCI-TV’s Cynthia Fodor reported today. Sorenson resigned his Iowa Senate seat in 2013 and pled guilty to federal crimes last year in connection with illegal payments he received during the 2012 presidential campaign. Prosecutors have agreed to delay sentencing in that case because Sorenson has been cooperating with the federal government on a “larger investigation.”

Fodor reported that Sorenson was arrested on July 17 after a fight with his wife, Shawnee Sorenson. She did not call the police; rather, someone called 911 after seeing her walking down the road near their home. Warren County Sheriff Brian Vos said Shawnee Sorenson “had redness around her eye and did admit she had been struck by Mr. Sorenson.” Two sheriff’s deputies then suffered unspecified injuries while arresting the former senator.

Sorenson’s attorney said his client will plead not guilty to the new charges, and that the whole family has been under stress while Sorenson awaits sentencing in the federal case. In a statement to KCCI, published in full on the television station’s website, Shawnee Sorenson said today that she started the fight on Friday after drinking some alcohol, “which I now realize was not the right thing to do.” By her account, her husband grabbed her because she was “throwing things” and “clawed him.” Shawnee Sorenson added that she did not want the police involved and “would not press charges,” because “Kent looked worse than I did.” Nor did she ask for the no-contact order that was filed after the arrest. She is “tired of the media portraying Kent in a negative light. He has done his best to be a good father, husband and provider for our family despite all the pressures he is facing.”

Linh Ta reported for the Des Moines Register that Sorenson “had $2,000 bond posted to avoid jail” and will have a preliminary hearing on the new criminal charges on July 28. He was acquitted on a domestic abuse assault charge in 1994 “when the witness testified that the allegations were false,” Jennifer Jacobs reported for the Des Moines Register in 2010.  

Sanity has prevailed in an Iowa town where officials had been selling raffle tickets for the right to shoot a human being with a taser at a festival coming up this weekend.

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

Jason Cherkis’s investigative piece for the Huffington Post, “The Lost Girls,” went viral instantly and has struck a chord with many women I know. Cherkis tells the story of Jackie Fox (real name Jackie Fuchs), the bass player for the all-girl band The Runaways. I literally knew nothing about the group before reading this piece, not even that it launched Joan Jett’s career. The focus of “The Lost Girls” is manager Kim Fowley’s horrific rape of a drugged Fox, then 16 years old, in front of her bandmates and others associated with The Runaways. Cherkis spoke with Jessica Hopper about the challenges of researching and writing Jackie’s story. Evelyn McDonnell, author of a book about The Runaways, assesses the journalist’s conduct critically here.

A thread running through “The Lost Girls” is current understanding of the “bystander effect.” Why do multiple witnesses to a crime sometimes do nothing, and how do they process the event later? If Cherkis’ reporting is accurate, some people who witnessed Jackie’s rape were shattered by what happened in that room. But according to the woman who later played bass in the group, other band members had a “running joke” about what Fowley had done to Jackie. This open letter to Jett from Hether Fortune of Wax Idols echoed a lot of my feelings after reading the article. It’s easy to understand why no one in the band spoke up for Jackie at the time. Fowley had near-total control over their future careers. The way he brutalized Jackie sent a strong message to the other Runaways: you could be next in line, and no one will protect you. But how disappointing, nearly 40 years later, for Jett to pretend (through a representative) that she didn’t know about the rape. How much would it cost her to express regret for what Jackie went through and remorse about her bystander role?

Judging by numerous threads I’ve read on social media, “The Lost Girls” has prompted many women to reflect on disturbing events we experienced or observed as teenagers–not only crimes, but also consensual relationships that now stand out as an abuse of power by an authority figure.  

Last week, a District Court judge ordered a new trial for a former University of Iowa honors student who was convicted of rape in 2012, Ryan Foley reported for the Associated Press. The student had sex with another student on the Pentacrest lawn in Iowa City in 2010. She later accused him of rape, while he claimed the encounter was consensual. Judge Douglas Russell vacated the conviction because “a prosecutor asked witnesses improper questions to shore up the alleged victim’s credibility, and his defense lawyer gave him ineffective counsel.”

I can’t speak to what happened on that night in 2010–the Johnson County attorney later dismissed the charges against the student, who desired to establish his innocence at a second trial.

It’s clear that many similar tragedies could be avoided if teenagers understood consent properly before entering the world of dating and sexual exploration. Young men who rape may see themselves as opportunists rather than predators, like the frat boy who calmly described his method of forcing sex on an unwilling target, seemingly unaware he was outing himself as a violent criminal. Or they may genuinely believe that a woman incapacitated by heavy drinking consented to sex with them, only to be blindsided later by a rape accusation.

Training girls to protect themselves against sexual assault is worthwhile, but changing the culture requires teaching boys and girls what consent looks like. Three of the best resources I’ve found are linked below.

“Alarming rates” of rape and sexual assault in the U.S. military, most of which go unpunished, are an ongoing scandal. Senator Kirsten Gillibrand of New York has been the leading voice in the Senate for reforms to address the “vastly underreported” problem. Last year, Iowa Senators Chuck Grassley and Tom Harkin both supported a bill Gillibrand introduced, which would have taken sexual assault cases outside the military chain of command.

While former Representative Bruce Braley served in the U.S. House, he repeatedly introduced legislation aimed at reducing rates of sexual assault in the military and removing “decisions over investigating and prosecuting sexual assault allegations […] from the normal chain of command.” Braley’s guest at the 2014 State of the Union address was Service Women’s Action Network executive director Anu Bhagwati, whose group “has been at the center of the national effort to reform the military’s handling of military sexual assault.”

As the Republican nominee facing Braley in last year’s U.S. Senate campaign, Joni Ernst talked a good game on this issue. After disclosing that she had faced sexual harassment while serving in the Iowa National Guard, Ernst promised to support reforms that would remove sexual assault cases from the military chain of command, even if she got “push-back” from Pentagon leaders or GOP Senate colleagues. She also said ensuring “sexual crimes in the military are both independently investigated and prosecuted […] should not be a partisan issue, and as a woman in uniform, I know that we must act now.”

Last week, Ernst had a chance to walk the walk. Instead, she helped kill Gillibrand’s amendment to the 2016 defense authorization bill, going back on her campaign pledge and casting a rare vote in opposition to her fellow Iowa Republican Grassley.

Follow me after the jump for more background and details on Ernst’s broken promise.

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

Last week Andrea Farrington’s family buried the Coral Ridge Mall shooting victim, who should have enjoyed a long and healthy life but had the misfortune to attract the attention of a loser with a gun fetish. After she reported his sexual harassment, he allegedly went home to retrieve his gun and shot her three times before running away. I have nothing profound to say about this horrendous crime, so I refer you to Lynda Waddington’s latest column for the Cedar Rapids Gazette.

Since Wednesday, millions of Americans have grieved for the nine people killed and others who were hurt during a massacre in a historic South Carolina black church. The alleged murderer appears to have been motivated by paranoid racist fantasies. Again, words fail me. Grant Rodgers and Danielle Ferguson reported for the Des Moines Register,

Two Cedar Rapids [black] churches have reached out to their city’s police department, asking officers to review their emergency plans and possibly provide additional active shooter training, said Greg Buelow, a department spokesman. Buelow said he would not release the names of the churches at their request.

Similar conversations will happen at Des Moines’ Faith Missionary Baptist Church, where parishioners finished their own open-door Wednesday night worship service shortly before news broke of the Charleston killings, said deacon Arnold Woods Jr., who’s also president of the Des Moines NAACP.

How sad that people have to think about such contingencies when they come together to worship.

Blogger’s lament: let’s say you have a post in progress about a Republican carving out a promising niche in a crowded presidential field. He’s talking about highly salient issues for non-wealthy Americans, in a way that will distinguish him from most of his rivals. Not only do those policies relate to the well-being of many voters, they also allow the candidate to position himself against “elite” GOP strategists and other establishment figures hated by the party’s conservative base.

Then the guy does the stupidest thing you could imagine.

With one Facebook status update on Friday, Mike Huckabee may have wiped out any chance of broadening his appeal through the smart decision to focus his early campaign rhetoric on Social Security and trade.

What’s on your mind this holiday weekend, Bleeding Heartland readers? This is an open thread: all topics welcome. For Memorial Day-related links, click here or here.

My social media feeds have been blowing up with comments about the Josh Duggar molestation allegations. The story has evoked strong emotions in many women, whether or not they’ve ever watched Duggar-themed reality tv. Sad to say, my friends who grew up in conservative Christian patriarchal households were not surprised by what Duggar allegedly did as a teenager. Some have shared appalling accounts of how girls and women are socialized to tolerate abuse or blame themselves later. After the jump I’ve enclosed a horrific document on “Counseling Sexual Abuse,” produced by the Institute in Basic Life Principles and used for many years by the Advanced Training Institute. The Recovering Grace website analyzes the document’s “victim-blaming” and “callous dismissal of abuse survivors’ pain” point by point. I am heartbroken for any woman who received that message in so-called “counseling.”

Former Arkansas Governor and current presidential candidate Mike Huckabee posted on Facebook an unbelievable defense of the Duggar family’s conduct. Bleeding Heartland will have more to say on that in a future post. For now, I want to call attention to Huckabee’s assertion that “He and his family dealt with it and were honest and open about it with the victims and the authorities.” Based on what we know now, the Duggar parents neither reported the alleged abuse promptly nor got professional therapy for their son or daughters. Local authorities destroyed the old police records of the case, so we may never know the whole story.

Final note, since Memorial Day weekend is the unofficial start to summer: it’s worth re-reading Mario Vittone’s reminder that “drowning doesn’t look like drowning.”

The Iowa legislature’s 2015 session drags on amid unresolved conflict over various budget issues, especially K-12 school funding. But one aspect of the lawmakers’ work is complete for this year. The Democratic-controlled Iowa Senate has confirmed all but one of Governor Terry Branstad’s more than 200 nominees. The overwhelming majority of those votes were unanimous or nearly so.

In recent years, senators have voted against confirming one or two Branstad nominees. This year no nomination failed on the Iowa Senate floor, and only one department head was ever in real danger of not being confirmed to do his job: Department of Human Services Director Chuck Palmer.

Branstad has occasionally withdrawn nominees who didn’t have support from the necessary two-thirds majority in the Iowa Senate. This year the governor didn’t need to exercise that power, although he sidestepped a near-certain rejection by accepting Teresa Wahlert’s resignation in January, rather than reappointing her to run Iowa Workforce Development. In addition, Iowa Law Enforcement Academy Director Arlen Ciechanowski recently announced plans to retire, tacitly acknowledging the votes weren’t there to confirm him.

Follow me after the jump for background on the controversies surrounding Palmer and Ciechanowski and details on Palmer’s confirmation vote–the closest call by far for any Branstad appointee this year.

A Hancock County jury acquitted former State Representative Henry Rayhons today on a charge of 3rd Degree Sexual Abuse. Rayhons was accused of having sex with his incapacitated wife in an assisted living facility last May. Prosecutors had tried unsuccessfully to move the trial out of Rayhons’ home county, which he had represented for eighteen years in the Iowa House.

The jury deliberated for three days before reaching a not guilty verdict. During the trial, Rayhons denied that he had sex with his wife on the date in question. He had admitted to doing so when first interviewed by a state investigator, but during the trial he said that the investigator had been yelling at him and bullied him into the admission. His DNA was found on his wife’s clothing and bed sheets, but on the witness stand during the trial, Donna Rayhons’ former roommate testified that she could not be sure of hearing Rayhons having sex with his wife. The the defense argued that the defendant’s DNA “could have been left on his wife’s things from a previous sexual encounter, before Rayhons had been told by nursing home staff his wife was no longer able to consent to sex.” A nurse’s exam produced no proof of sexual intercourse on the date in question.

In closing arguments, Assistant Iowa Attorney General Susan Krisko tried to keep the jury focused on the specific events of this case rather than a “philosophical debate” on “whether or not someone with Alzheimer’s can have sex.” But Rayhons’ attorney warned jurors,

“It’s an unprecedented case. The decision that you make here will be debated, discussed, followed for years,” defense lawyer Joel Yunek said in his closing statement. He said a guilty verdict could make other spouses afraid to even visit a husband or wife with Alzheimer’s disease, for fear of being charged as a rapist if the partner with dementia grabbed them the way Rayhons says Donna Rayhons did to him.

Under those circumstances, I’m not surprised the jury acquitted. The defense was wise to frame the case in broad terms, since the trial was getting national attention. We can only hope that Krisko was wrong about an acquittal being tantamount to declaring “open season” on vulnerable people in nursing homes.

LATE UPDATE: In early May, juror Angela Nelson, posted her perspective on the case and why the jury acquitted. Worth clicking through to read the whole piece, but ultimately, forensic evidence was lacking to prove the prosecutor’s case. Nelson added that people “with Alzheimer’s are still human beings that have the same emotional needs we all have,” and “For the state of Iowa to try and legislate intimacy between a married couple is a very dark road to go down […].”

All topics are welcome in this open thread. Representative Steve King (R, IA-04) inspired the unifying theme of this weekend’s post, when he approvingly linked to this recent article by Heather Mac Donald called “Practical Thoughts on Immigration.” King commented, “USA declining 2 Third World status bc shrinking %age who would reverse course don’t realize demographics r destiny.” At this writing, King has not responded to my request that he clarify whether he meant to say that a U.S. where non-Hispanic whites are a minority would inevitably sink to “Third World status.”

Meanwhile, the latest estimates from the U.S. Census Bureau indicate that immigration contributed greatly to Iowa’s population growth of 2 percent between 2010 and July 1, 2014.

After the jump I’ve enclosed a map showing the latest Iowa county population estimates, some links on the Census Bureau data, and excerpts from Mac Donald’s commentary, which struck a chord with King.

Iowa Senate Ways and Means Committee Chair Joe Bolkcom has introduced a bill to make medical marijuana more broadly available to Iowans suffering from life-threatening or chronic illnesses. Senate Study Bill 1243 would allow the possession and use of medical cannabis (not just the cannabis oil derivative legalized last year) for any of the following “debilitating medical conditions”: cancer, multiple sclerosis, epilepsy, AIDS or HIV, glaucoma, hepatitis C, Crohn’s disease or ulcerative colitis, Amyotrophic lateral sclerosis (often known as Lou Gehrig’s disease), Ehlers-danlos syndrome, or post-traumatic stress syndrome. Scroll to the end of this post for a detailed summary of the bill.

The latest Des Moines Register poll by Selzer & Co indicates that 70 percent of Iowans favor allowing medical marijuana use. Yet Iowa’s new law allowing cannabis oil treatments has yet to benefit a single patient. Nevertheless, persuading Iowa House Republicans and Governor Terry Branstad to legalize marijuana for additional medical conditions may be an uphill battle. Follow me after the jump for more background on this issue, and excerpts from recent testimony before members of the Iowa Senate.

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

I haven’t been watching this year’s freakshow CPAC convention, but I was struck by Senator Chuck Grassley posting a photo of himself smiling and shaking hands with Oliver North at the event. For those not old enough to remember the 1980s, North was an important figure in the Iran-Contra affair (brief history here). As a little-known National Security Council official in the Reagan administration, North diverted funds from arms sales to the Iranian regime to supply anti-Communist fighters in Nicaragua. He lied to Congress about the policy and responded to an investigation “By stuffing many documents into a shredder and sneaking out others in his secretary’s dress.” His felony convictions for destroying classified documents and obstructing Congress were vacated because of technicalities: specifically, questions about whether Congressional hearings before his prosecution had tainted the proceedings. There was never any credible case that North hadn’t committed those crimes.

Why would North appeal to a guy like Grassley, self-styled advocate of strong Congressional oversight of the executive branch? How was the policy to supply weapons to the hostile Iranian regime substantively different from those by officials in the U.S. Bureau of Alcohol, Tobacco, Firearms who carried out the “Operation Fast and Furious” gunwalking scheme? How were Oliver North’s actions substantively different from those of Justice Department officials under Attorney General Eric Holder, whom Grassley has excoriated for not cooperating with the Congressional investigation into Fast and Furious?

Speaking of Grassley, here’s some unintentional comedy from the senator’s Twitter feed on February 15: “Every republican senator but one wants to debate Homeland Security bill that will block Obama immigration but Dems filibuster Why not vote?”

Great question. Democrats should answer right after Grassley explains why he and his Republican colleagues didn’t let the Senate vote on the DREAM Act and repeatedly blocked campaign finance disclosure rules that were favored by the entire Democratic caucus.

When I am not a moderatepachy, I am a lawyer.  The majority of my practice is as defense counsel in civil litigation.  Sometimes, the job is rewarding, especially when you win in lawsuits initiated by lawyers who advertise like this (disclosure: I have never opposed them, but I hope to one day, and win).  Other times, the job causes headaches, because my job is to to be a skeptic.

Recently, I went to the Iowa State Senate to talk about this proposed legislation.  SF107 extends the Statute of Limitations for filing civil (and criminal) actions relating to sex abuse of a child.  You can read an 80% accurate depiction of the Senate Subcommitte hearing here.  Believe this moderatepachy, the testimony from the survivors was passionate.  Petrovsky omitted that another survivor of abuse, John, gave compelling testimony.

What Petroski also missed is that the bill would allow suits within 25 years of the “discovery” of abuse by the alleged victim.   In other words, the 60+ year old senior partner at my firm could “discover” tomorrow that he had been abused as a child, and he would have 25 years to file suit… imagine a lawsuit filed in 2039 for something that allegedly occurred during the LBJ administration.   (No doubt Hillary Clinton's granddaughter and Ted Cruz's son will yell at one another about the lawsuit one day on Fox News' “Hannity & Son”).

The sensitive and difficult nature about these types of suits is touched on here by the Iowa Catholic Conference; the Catholic church has a dog in this fight for obvious reasons I need not explain.

Besides those, the reality is that most abusers do not have any money; but insurance policyholders do.   The gimmick, then, is that one sues the abuser… but also wherever the abuser taught, worked, and preached, under a theory that supervisors are liable for whatever their subordinates do.  Imagine the changes that occur in 4 years (the Statute of Limitations right now) in a business, school, or church.  Records, witnesses, memories… gone.  Just like plaintiffs, defendants have a right to a fair trial.  How can one defend against an alleged wrong that occured 30, 50, or 70 years ago?

After the victims testified, it was clear that Senator Petersen (D, SD-18) urgently wanted to move the bill forward.  The defense bar hopes that cooler heads might prevail in the House.  Last year, similar legislation died in a Senate subcommittee.  To oppose this bill is tricky; to be seen as “against” abuse victims is to be seen as tacitly “supporting” abusers.    

What is interesting is that the lobbyist declarations have not been very active; certainly there are other things that keep our legislators busy, and in same cases, motivate our legislative leaders to cave to Farm Bureau pull members of their own caucus off of committees to get things done.

I urge any other Bleeding Heartland readers, if you hear about legislation you might not like, figure out a way to find it, found out who supports it, and share your view with your legislators.    

This moderatepachy may have further updates and hopes to give readers more insights in the legislative sausage being made.  Moderatepachy would also like to salute the work of desmoinesdem, for creating an incredible local resource on Iowa politics.  It smarts that the analysis and writing in this blog and another (D)'s usually has more context, statewide scope, and humour (say it with a British or French accent to justify my misspelling), than the flagship for my party.   

When hackers attacked the major health insurance company Anthem earlier this month, the ensuing data breach may have affected 172,727 Iowans, the Iowa Insurance Division announced today.

Any Iowan impacted by this cyber-attack will be contacted by Anthem and identity theft repair services are available.  Affected Iowans may also sign up for additional free services which include credit monitoring services and a free identity theft insurance policy.

“The Iowa Insurance Division is working with Anthem and regulators in other states to monitor this situation and we will continue to update Iowans as we learn more,” [Iowa Insurance Commissioner Nick] Gerhart said.  “In addition to the identity repair assistance Anthem is offering by telephone, I would strongly recommend any Iowans affected by this cyber-attack to sign up for all of the additional protections being offered to help remedy the situation.”

Affected Iowans should visit https://anthem.allclearid.com or call 1-877-263-7995 to sign up for the additional protections provided by Anthem.  For more information visit https://www.anthemfacts.com.

When news first broke about the cyber-attack, I never would have guessed that more than 5 percent of Iowans could be affected. Residents of fourteen other states where Anthem operates were even more likely to be victims, as this crime may have compromised personal data of 60 million to 80 million people nationwide. FBI officials claimed earlier this week that the investigation has made progress identifying the hackers, but few details are publicly available.