Uncategorized Archives • Missouri Independent https://missouriindependent.com/category/uncategorized/ We show you the state Fri, 11 Oct 2024 19:05:12 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 https://missouriindependent.com/wp-content/uploads/2020/09/cropped-Social-square-Missouri-Independent-32x32.png Uncategorized Archives • Missouri Independent https://missouriindependent.com/category/uncategorized/ 32 32 Ag Secretary Tom Vilsack deflects on future career plans, regulatory ‘revolving door’ https://missouriindependent.com/2024/10/11/ag-secretary-tom-vilsack-deflects-on-future-career-plans-regulatory-revolving-door/ https://missouriindependent.com/2024/10/11/ag-secretary-tom-vilsack-deflects-on-future-career-plans-regulatory-revolving-door/#respond Fri, 11 Oct 2024 19:04:36 +0000 https://missouriindependent.com/?p=22302

Tom Vilsack, 73, has previously come under scrutiny for his close ties to agribusiness companies and organizations (Jared Strong/Iowa Capital Dispatch).

MADISON, Wis. — Agriculture Secretary Tom Vilsack, who moved into a dairy lobbying position following his first go around as head of the USDA, did not reject making a similar move once his current time as secretary ends.

Speaking to reporters last week at the World Dairy Expo in Madison, Vilsack was asked by Investigate Midwest if he would again join the rotation of federal regulators working in the agriculture industry.

“My plans are to be here today to talk about the dairy industry, because I care about the industry,” he said to a group of reporters after speaking at the Global Dairy Summit, hosted by the state’s Department of Agriculture, Trade and Consumer Protection.

“That’s what I’m focused on today. That’s what I’ll be focused on tomorrow. That’s what I’m going to be focused on as long as I’ve got energy and breath.”

When pressed again, Vilsack said he couldn’t make promises because he can’t predict the future.

“Nobody can promise where they’re going to be tomorrow. I could be dead tomorrow,” Vilsack snapped, closing the press conference. “Good grief, man, what a question.”

Vilsack, 73, has previously come under scrutiny for his close ties to agribusiness companies and organizations. He’s also been criticized for taking part in what’s known as regulatory capture, a process where government officials, responsible for regulating an industry, later work for that same industry.

Previous Investigate Midwest reporting found that the “revolving door” between regulatory agencies and the agriculture industry is common practice for USDA employees.

Jeff Hauser, founder of the nonprofit Revolving Door Project, said the USDA has a history of promoting the interests of corporations in charge of the nation’s food supply, regardless of administration. The nonprofit group researches and tracks the relationship between officials working in the government and the industries they are supposed to regulate.

“You’re just unlikely to want to get into a feud and enforce a law strictly against an industry that you might be a member of very shortly,” Hauser said.

Soon after Vilsack, a former governor of Iowa, left his first stint as USDA secretary in 2017 under former President Barack Obama, he took an executive position in the dairy industry where he received an annual salary of nearly $1 million, according to public records.

Vilsack became vice president of Dairy Management Inc., the trade association that manages the industry’s checkoff fund. He also served as the CEO of the U.S. Dairy Export Council, an arm of the organization focused on international trade promotion.

Checkoff programs are federally mandated and require commodity producers, from dairy to watermelons, to pay into a pot of money used to market products. A Milwaukee Journal Sentinel investigation found that the dairy checkoff program accounted for nearly half of all the nation’s checkoff spending, with expenses that included large salaries, private jet flights and Super Bowl trips.

Vilsack, who returned as agriculture secretary in 2021, and the USDA have been criticized by lawmakers for delays in publishing federally mandated financial reports from the dairy checkoff program. As of early October, the dairy checkoff program had not published the most recent two years of audits and missed its July deadline to do so.

Current Dairy Export Council CEO Krysta Harden, who also spoke at last week’s World Dairy Expo, highlighted the council’s push in the past two decades to grow the nation’s export market. She also said she was confident the nation’s dairy industry will continue to expand outside of the country thanks to a “government that supports dairy.”

Harden worked under Vilsack during the Obama administration, eventually becoming the USDA deputy secretary of agriculture. Prior to joining the USDA, she worked in policy and roles for seed and chemical heavyweights DuPont and Corteva. She now leads the export council after Vilsack returned to work for the federal government.

Despite growing markets for export, dairy farmers have only turned a profit three times in the past two decades. In Wisconsin — host of the annual World Dairy Expo since 1970 — dairy farms have declined by nearly two-thirds in that same time.

Joe Maxwell, co-founder of Farm Action, a nonprofit that works against agricultural consolidation, believes Vilsack is an example of the ways regulations have been delayed or stymied because of the close nature between the federal government and industry.

“The USDA has been in bed with the very people that they’re supposed to keep in line, either as a regulator or approval agency for checkoff funding,” Maxwell said.

“Government has a responsibility to put the safeguards in place so our economy works for people,” Maxwell continued. “When our agencies are hired by the very people they’re regulating, those safeguards go away and the people aren’t represented, and this economy works for the corporations and not for the people.”

This article first appeared on Investigate Midwest and is republished here under a Creative Commons license.

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Jay Ashcroft joins Midwest secretaries of state at election security summit in Nebraska https://missouriindependent.com/2024/10/10/midwest-secretaries-of-state-host-election-security-and-integrity-summit-in-nebraska/ https://missouriindependent.com/2024/10/10/midwest-secretaries-of-state-host-election-security-and-integrity-summit-in-nebraska/#respond Thu, 10 Oct 2024 12:00:43 +0000 https://missouriindependent.com/?p=22269

From left, the secretaries of state for Nebraska, Bob Evnen; Iowa, Paul Pate; Missouri, Jay Ashcroft; and South Dakota, Monae Johnson. Tuesday (Zach Wendling/Nebraska Examiner).

OMAHA, Neb. — Four secretaries of state and a federal agency director in cybersecurity described their work Wednesday as a line of defense in upholding election integrity and security ahead of the Nov. 5 election.

Nebraska Secretary of State Bob Evnen, in explaining the reason for Wednesday’s summit, asked simply, “Why not?” He said the Midwest states of Nebraska, Iowa, Kansas, Missouri and South Dakota have demonstrated that elections can be safe, smooth and secure.

“Election security is not static. Election security is not a one-and-done deal. Election security is dynamic,” Evnen said at the news conference. “If you’re going to continue to address these dynamic challenges to elections, then you do so in a dynamic fashion.”

The ‘imperative’ of election confidence

The National Counterterrorism Innovation, Technology and Education Center, or NCITE, headquartered at the University of Nebraska at Omaha, hosted the event.

Evnen’s three counterparts from Iowa (Paul Pate), Missouri (Jay Ashcroft) and South Dakota (Monae Johnson) joined the event, which Evnen said he expects to be repeated in future years. Kansas Secretary of State Scott Schwab participated in other summit events, including briefings on NCITE research, but was unable to attend the news conference, officials said.

Pate, who is in his fourth term as Iowa’s secretary of state, said he has seen elections evolve and become “more aggressive” in the past two decades, particularly through technology.

Yet election confidence remains essential, Pate said, and secretaries of state are doing everything they can to uphold integrity and security.

“It’s imperative that Americans, and Iowans, have confidence in those election results because the day after the election, if they don’t believe that that’s their governor or their senator or their president, our Republic has fallen without a single bullet being fired,” Pate said. “That’s not acceptable, so we’re going to continue to be vigilant and do what we can on our front.”

Director Jen Easterly of the U.S. Cybersecurity and Infrastructure Security Agency, said CISA stands “shoulder to shoulder” with election officials nationwide. She said she has “tremendous confidence” in U.S. elections.

Easterly said CISA was established in 2018 from a previous U.S. Department of Homeland Security agency in part due to foreign attempts to influence the 2016 presidential election and after election infrastructure was designated as “critical” infrastructure.

Security protocols and training

The agency helps state and local election officials to prepare for any threats, including ransomware, physical threats and threats from foreign adversaries (such as Russia, Iran and China). Some of the support the agency provides, Easterly said, are security assessments, hypothetical scenario training and training for de-escalation and anti-active shooter incidents.

“At the end of the day, we know that elections will be safe. They will be secure. They will be free. They will be fair. But there will be things that go wrong,” Easterly said. “The good news is these disruptions, while problematic, will not affect how votes are counted and how votes are cast.”

Evnen said some of the ways that Nebraska has partnered with CISA in the past two years have included weekly scans of all 93 Nebraska county election websites for vulnerabilities, giving local officials “.gov” emails and website addresses and setting up internal protocols for day-to-day security.

“These are important steps we’re taking across Nebraska to ensure that our cyberinfrastructure is protected,” Evnen said.

Pate said those steps are national standards as officials “plan for the worst and hope for the best.”

Elections for ‘we the people’

Missouri Secretary of State Jay Ashcrot speaks at an election security and integrity summit in Nebraska on Tuesday (Zach Wendling/Nebraska Examiner).

All five secretaries of state who partnered with NCITE this week are elected Republicans, and Ashcroft said the officials don’t serve just Republicans or Democrats or  Libertarians or any other third parties in their respective states.

He said if officials do their job well, they are the basketball ref or linesman of a football game who “no one notices.”

The secretaries of state and Easterly invited more people to get involved in the election process, such as serving as poll workers or watchers, and for anyone who has questions to ask.

“We run elections for the people of the states,” Ashcroft explained. “We run elections for our government because it is how ‘we the people’ decide that our Republic will move forward.”

Ashcroft added that no matter who wins or loses, or which issues pass or fail, “at the end of the day, the American people can drink their beverage of choice and either celebrate or commiserate, but know that they were a part of the decision, that their votes counted and that the votes made a difference.”

The election officials noted that it is typical for “official” results not to be finalized for up to a week after Election Day, but they said that’s due in part due to the need to process provisional ballots, as well as conducting the “checks and balances” needed to ensure accurate results, particularly in close races, or possibly hand-count some ballots.

But for the most part, the secretaries of state said of their jurisdictions, most election results are typically available within a few hours of polls closing on Election Day.

“I believe in getting quick results out, my colleagues do, but we all believe in getting it right, and we believe in making sure that every American, no matter where Uncle Sam has sent them, has the right to participate in our elections,” Ashcroft said, indicating overseas voters.

Johnson, from South Dakota, said the “greatest unease” about the general election is the period between when polls close and when results are finalized. She said officials are workshopping scenarios with public safety teams to ensure that post-election events proceed smoothly and on time.

“Protecting the voting process and its facilitators is a collaborative process, and we have full faith in our state’s ability to overcome any disruptions,” Johnson said.

NCITE research

Gina Ligon, director of NCITE at the University of Nebraska at Omaha, said the center, which includes 38 partner universities, is working on four projects, such as tracking threats to election workers through federal charges and possible threats from emerging technologies.

Ligon said the federal charges are the “tip of the iceberg” as federal charges are a “really high bar,” while other NCITE research includes threats or violence specifically against election officials in swing states, including Pennsylvania, Arizona and Georgia.

Those states have seen the largest spikes in data in recent years, Ligon said.

That project is extending to Nebraska, partially with the competitiveness of Nebraska’s 2nd Congressional District for president. There are currently no federal charges, according to Ligon.

Other research, out of the University of Arkansas, includes interviews of election workers who have faced threats of violence. Initial research has indicated women don’t always report when they are victims of violence, Ligon said, and that people don’t understand when they cross First Amendment protections from anger to prohibited threats.

“As much as people say this is nothing new — ‘we’ve experienced this for a long time’ — our data just doesn’t support that,” Ligon said.

‘It’s up to all of us’

As of this time, Easterly said, there have been no specific election threats from terrorists, though she noted federal authorities thwarted the apparent plans of an Oklahoma City man on Tuesday and charged him with allegedly plotting a terrorist attack on Election Day in support of ISIS.

“If there are other things that we are seeing from the terrorist landscape, we will ensure that election officials are apprised of that immediately,” Easterly said.

Easterly said the period between Election Day on Nov. 5 and the presidential inauguration on Jan. 20 will be critical. She said foreign adversaries will try to create a “wedge” and attempt to “shred our institutions” or sow discord as each milestone of certification and validation passes.

“That’s why it’s up to all of us as Americans — as the secretary [Ashcroft] said, ‘We the people’ — these elections are for us,” Easterly said. “It’s up to all of us to do our part in protecting and preserving our democracy.”

This story was originally published by the Nebraska Examiner, a States Newsroom affiliate.

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VP Harris cites Biden’s ‘legacy of accomplishment’ as endorsements pile up for her bid https://missouriindependent.com/2024/07/22/vp-harris-cites-bidens-legacy-of-accomplishment-as-endorsements-pile-up-for-her-bid/ https://missouriindependent.com/2024/07/22/vp-harris-cites-bidens-legacy-of-accomplishment-as-endorsements-pile-up-for-her-bid/#respond Mon, 22 Jul 2024 19:54:07 +0000 https://missouriindependent.com/?p=21188

A supporter holds a sign as members of the San Francisco Democratic Party rally in support of Kamala Harris, following the announcement by President Joe Biden that he is dropping out of the 2024 presidential race, on July 22, 2024 at City Hall in San Francisco, California. Biden has endorsed Harris, the former San Francisco district attorney, to be the Democratic nominee (Loren Elliott/Getty Images).

WASHINGTON — Vice President Kamala Harris’ path to the Democratic nomination cleared Monday as she secured endorsements from potential rivals and other high-profile party members the day after President Joe Biden ended his reelection bid.

A swarm of Democratic legislative leaders, governors ­— including some thought to harbor presidential ambitions of their own — and influential unions as well as key outside groups endorsed her within 24 hours of Biden’s unscheduled Sunday afternoon announcement, while no serious challenger emerged.

In Harris’ first public appearance since Biden’s announcement and endorsement of her, the vice president met with college sports champions at the White House. She opened her brief remarks with a tribute to Biden, who, while recovering from COVID-19, was “feeling much better” Monday, she said.

“Joe Biden’s legacy of accomplishment over the past three years is unmatched in modern history,” she said. “In one term, he has already surpassed the legacy of most presidents who have served two terms in office.”

Harris was also scheduled to travel to the campaign headquarters in Wilmington, Delaware, late Monday to meet with campaign staff, according to the White House.

Several key Democrats had not publicly backed her by Monday afternoon. Senate Majority Leader Chuck Schumer of New York, House Minority Leader Hakeem Jeffries of New York and former President Barack Obama had not offered endorsements.

Jeffries told reporters that he and Schumer were planning to meet with Harris “shortly.” While Jeffries did not endorse Harris, he said she has “excited the House Democratic Caucus and she’s exciting the country.”

Congressional Dems line up behind Harris 

But endorsements rolled in from Capitol Hill.

Top congressional Democrats like the No. 2 Senate Democrat, Dick Durbin of Illinois, and the No. 2 House Democrat, Rep. Katherine Clark of Massachusetts, also early Monday gave Harris their support.

And former House Speaker Nancy Pelosi of California said in a statement that she supported Harris and noted her work advocating for reproductive rights — a topic that Democrats have centered various campaigns on following the end of Roe v. Wade.

“Politically, make no mistake,” Pelosi said. “Kamala Harris as a woman in politics is brilliantly astute — and I have full confidence that she will lead us to victory in November.”

The chair of the campaign arm for House Democrats, Rep. Suzan DelBene of Washington, also gave her support to Harris.

Harris has also earned the backing of all the House Democratic leaders of influential congressional caucuses.

That includes Reps. Steven Horsford of Nevada of the Congressional Black Caucus, Nanette Barragán of California of the Congressional Hispanic Caucus, Pramila Jayapal of Washington of the Progressive Caucus and Judy Chu of California of the Congressional Asian Pacific American Caucus.

Obama holds off

Obama did not yet endorse Harris but in a lengthy statement Sunday said he has “extraordinary confidence that the leaders of our party will be able to create a process from which an outstanding nominee emerges.”

Similarly, in 2020 the former two-term president waited until Biden was formally nominated by the Democratic National Committee before he gave an endorsement.

The DNC will move forward with the process to formally nominate a presidential candidate Wednesday when its Rules Committee meets in a public virtual session amid ongoing efforts to set up a virtual roll call vote ahead of the convention next month in Chicago.

No serious challenger to Harris’ nomination had emerged by Monday afternoon, as independent Sen. Joe Manchin III of West Virginia said in a morning MSNBC interview he would not seek the Democratic nomination.

Governors endorse Harris

Following Biden’s endorsement of Harris, several Democratic governors have also offered their support for the vice president, including the governors speculated to be among Harris’ choices for a running mate and would-be rivals for the nomination.

Govs. Gretchen Whitmer of Michigan, Josh Shapiro of Pennsylvania, Andy Beshear of Kentucky, Roy Cooper of North Carolina, Wes Moore of Maryland and J.B. Pritzker of Illinois all offered their endorsements in the day since Biden withdrew from the race.

Beshear announced his support for Harris in a television interview Monday morning. He wouldn’t say if he’d like to join Harris’ ticket, but said in a statement on X that the vice president will “bring our country together and move us past the anger politics we’ve seen in recent years.”

Other governors around the country also offered their support, including Jared Polis of Colorado, Tony Evers of Wisconsin, Phil Murphy of New Jersey, Laura Kelly of Kansas, Michelle Lujan Grisham of New Mexico, Tim Walz of Minnesota, Katie Hobbs of Arizona, Janet Mills of Maine, Jay Inslee of Washington state, and Maura Healey of Massachusetts.

Governors from Oregon and Rhode Island, both Democrats, have yet to voice their support for Harris. Both thanked Biden for his service as president on X.

State parties planning next moves

Several state parties endorsed Harris or indicated they would support her.

North Carolina Democrats voted to endorse a ticket of Harris and Cooper, their term-limited governor, NC Newsline reported.

At Beshear’s request, Kentucky Democrats voted “overwhelmingly” to back Harris, the Kentucky Lantern reported.

New Hampshire’s state party coalesced behind Harris at a Sunday evening meeting, according to the New Hampshire Bulletin.

Maine Democrats were scheduled to meet Monday night and are likely to consider a proposal to switch the party’s support from Biden to Harris, the Maine Morning Star said.

Advocacy groups 

Several influential Democrat-aligned organizations announced their support for Harris.

Emily’s List, which works to elect Democratic women who favor abortion rights, tweeted its endorsement Sunday.

LGBTQ advocacy group Human Rights Campaign also backed Harris, noting her early support for marriage equality and other work on LGBTQ issues.

UnidosUS, a Latino civil rights group, also endorsed Harris.

Gen-Z for Change, formerly called TikTok for Biden, had withheld an endorsement of the president over his handling of the Israel-Hamas war in which more than 39,000 Palestinians have been killed. But quickly following the announcement from Biden to step out of the race, the organization gave an endorsement to Harris.

The political action committees of the Congressional Black Caucus, Congressional Hispanic Caucus and Congressional Progressive Caucus also backed Harris.

Several unions jump in

Harris has also garnered the backing of several labor unions in the day since announcing her bid for office. The Service Employees International Union, which represents 2 million service workers including health care and property and public services, announced its endorsement for Harris Sunday.

In a written statement, SEIU President April Verrett said “SEIU is ALL IN” for Harris and that the vice president “has made sure to use every lever of government to do everything possible to make things better for working people.”

The American Federation of Teachers unanimously endorsed Harris Sunday. AFT represents 1.7 million education professionals across the country, ranging from teachers and paraprofessionals to school health care workers and higher education faculty.

The United Farm Workers also quickly switched its support from Biden to Harris on Sunday afternoon. The union said it “could not be prouder to endorse her for President of the United States,” in a written statement, citing her support of farm workers during her time as an attorney general and senator in California.

SEIU, AFT and UFW all endorsed Biden for president in 2020 and this year prior to his withdrawal from the race.

The International Brotherhood of Teamsters has not endorsed in the presidential race, but invited Harris to a roundtable with rank-and-file members. Teamsters President Sean O’Brien addressed the Republican National Convention last week. The union endorsed Biden in 2020 but had not voiced its support for his reelection this year.

Notably, the UAW has not announced an endorsement for Harris. Biden walked the picket line in Michigan during the historic autoworker protests last September. The UAW thanked Biden for his service in a statement Sunday.

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As bird flu spreads on dairy farms, an ‘abysmal’ few workers are tested https://missouriindependent.com/2024/07/02/as-bird-flu-spreads-on-dairy-farms-an-abysmal-few-workers-are-tested/ https://missouriindependent.com/2024/07/02/as-bird-flu-spreads-on-dairy-farms-an-abysmal-few-workers-are-tested/#respond Tue, 02 Jul 2024 14:12:01 +0000 https://missouriindependent.com/?p=20850

The USDA has performed more than 17,000 tests for avian influenza on cattle, with a total of 67 herds affected throughout nine states (Getty Images).

Public health officials are concerned about bird flu, which so far has been detected in three dairy farmworkers — two in Michigan and one in Texas — as well as in cattle in a dozen states.

The farmworkers’ symptoms were mild, and researchers have not found that the H5N1 virus, also known as bird flu, can spread from person to person. The federal Centers for Disease Control and Prevention says there is little risk to the general public. However, flu viruses evolve, and H5N1 could mutate and gain the ability to infect people more easily.

“The reason public health authorities are and should be on high alert is because this is a potential high-consequence pathogen,” said Meghan Davis, an epidemiologist and microbiologist at Johns Hopkins University.

That’s why state officials are so focused on testing and surveillance of dairy workers. But they are encountering significant challenges.

H5N1 is deadly to domestic poultry and can wipe out entire flocks in a matter of days, the U.S. Department of Agriculture says. As a result, the poultry industry has responded vigorously to the threat, culling entire flocks when they detect even one infected bird. But H5N1 is milder in cows, and the response on dairy farms has been less aggressive.

The CDC and USDA have advised dairy farms to monitor for the virus in cattle and humans, but testing remains voluntary, except for herds moving across state lines.

In addition, dairy farms are often in remote rural areas, and workers have little access to transportation and no sick leave. As a result, it’s difficult for them to travel to health care providers for testing and treatment. Many dairy workers, who are mostly immigrants, speak Indigenous languages like Nahuatl or K’iche, according to the National Center for Farmworker Health, a nonprofit that offers support and training for centers that focus on the health of farmworkers.

Dr. Amesh Adalja, an infectious disease physician and scholar at the Johns Hopkins Center for Health Security, emphasized that the current bird flu strain isn’t a pandemic threat to humans. That’s why, he said, this is the perfect time to get the right testing and surveillance measures in place.

“If you can’t get it right with something that’s as forgiving as this virus has been, in terms of its inefficiency in infecting humans, it really doesn’t bode well for when the stakes are higher,” Adalja said.

So far, cases of the virus have been documented among domestic livestock in Colorado, Idaho, Iowa, Kansas, Michigan, Minnesota, New Mexico, North Carolina, Ohio, South Dakota, Texas and Wyoming, according to the USDA. Last week, federal officials announced grants to farms to offset the cost of milk loss from sick cows. Four states — Kansas, Nebraska, New Mexico and Texas — are launching voluntary pilot programs to test for the virus in dairy farms’ bulk milk tanks.

In Michigan, where the virus has been detected in 25 herds, Tim Boring, director of the state Department of Agriculture and Rural Development, said efforts are focused on trying to help farmers recoup losses and agree to testing. Last month, the agency announced it would use a combination of federal and state money to give as much as $28,000 to up to 20 affected farms.

The state also launched a study to find out if there are antibodies in people exposed to sick cows, aiming to determine if there have been any asymptomatic infections.

Dr. Natasha Bagdasarian, Michigan’s chief medical executive, said the state is working with community health clinics and local health departments to reach farmworkers.

“They not only know the farms in their counties, but they also know many of the farmworker organizations,” she said.

Dairy farmworkers, who are often immigrants, can’t afford to miss a day of work, and can be reluctant to reach out to request testing or say they feel sick, advocates say.

“This is a population of people that is just vastly underserviced when it comes to both outreach and trust established with state and federal agencies,” said Elizabeth Strater, strategic campaigns director at United Farm Workers, a labor union. “This is a group of workers that are some of the poorest workers in the United States.”

Immigrants make up 51% of daily labor at dairy farms, and farms that employ immigrants produce 79% of the nation’s milk supply, according to the National Milk Producers Federation.

Amy Liebman of the Migrant Clinicians Network, an education and outreach group of experts in migrant health, said testing should be administered on the farms rather than in clinics.

“Dairies are in rural areas, very isolated geographically. You’re not going to get all these workers in one place to be able to do any kind of surveying or testing. It is a matter of really trying to go to where the workers are,” she said.

But it hasn’t been easy getting farm owners to agree to that. The Texas state health department told Stateline it has offered on-site testing to farmers, but as of mid-June, it had tested only about 20 symptomatic dairy workers who volunteered for testing. It also has given personal protective equipment to “interested dairies” and posted a notice online offering to deliver the equipment.

Coordination among state or local agricultural and health departments is key to tracking viral spread. A lack of coordination and monitoring can be contributing to underreporting cases.

“I think it is definitely more widespread than is currently reported,” said Dr. Shira Doron, chief infection control officer at Tufts Medicine. “The barriers between the agencies are really hampering our efforts right now.”

The CDC has offered a $75 payment to any farmworker who agrees to be tested and provide blood and nasal swab samples to the agency. But Doris Garcia-Ruiz, who directs farmworker outreach at Texas Rio Grande Legal Aid, said that won’t make up for days of lost income.

“If they take the time off to go to their doctor’s office, they don’t have sick leave, so they’re not going to get paid,” she said.

The CDC’s latest figures show that at least 53 people have been tested in the cattle outbreak, with a majority of those in Michigan. Strater says that’s not enough.

“That’s abysmal,” she said. “Our method of testing is so passive. They’re relying on workers reporting to medical clinics; these are workers that are not going to be taking themselves for medical treatment unless they’re experiencing something life-threatening.”

Getting workers to use personal protective equipment also is a challenge. The CDC recommends that workers wear respirators, waterproof aprons and coveralls, unvented safety goggles or a face shield, and rubber boots with sealed seams that can be sanitized. It also advises that workers follow a specific sequence of steps to remove the PPE at the end of a shift to avoid contamination.

“Dairy work is very wet, very hands-on,” said Christine Sauvé, who leads community engagement at the Michigan Immigrant Rights Center. “While some industries are very familiar with PPE … the full recommendation from CDC is new and different. And so that really needs the full promotion from the employer, and then also from the state agencies.”

Sauvé worries that Michigan is prioritizing farmers’ losses, rather than farmworkers’ health, in its response. While the risk to the public is low, she and other experts say the population of farmworkers shouldn’t be forgotten.

Bethany Alcauter of the National Center for Farmworker Health described bird flu threat as “kind of a ticking time bomb.”

“Maybe it hasn’t fully gone off yet. But if we don’t manage it well, it could,” Alcauter said.

Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org. Follow Stateline on Facebook and X.

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U.S. Supreme Court sides with Oregon city, allows ban on homeless people sleeping outdoors https://missouriindependent.com/2024/06/28/u-s-supreme-court-sides-with-oregon-city-allows-ban-on-homeless-people-sleeping-outdoors/ https://missouriindependent.com/2024/06/28/u-s-supreme-court-sides-with-oregon-city-allows-ban-on-homeless-people-sleeping-outdoors/#respond Fri, 28 Jun 2024 14:30:19 +0000 https://missouriindependent.com/?p=20810

The U.S. Supreme Court in Washington, D.C. (Laura Olson/States Newsroom).

WASHINGTON — The U.S. Supreme Court Friday sided with a local ordinance in Oregon that effectively bans homeless people from sleeping outdoors, and local governments will be allowed to enforce those laws.

In a 6-3 decision, Justice Neil Gorsuch wrote in the opinion that the enforcement of those local laws that regulate camping on public property does not constitute the Eighth Amendment’s prohibition on cruel and unusual punishment.

“Homelessness is complex. Its causes are many. So may be the public policy responses required to address it,” he wrote. “The Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this Nation’s homelessness policy.”

The case originated in Grants Pass, a city in Oregon that argues its ordinance is a solution to the city’s homelessness crisis, which includes fines and potential jail time for repeat offenders who camp or sleep outdoors.

Justice Sonia Sotomayor wrote a dissent arguing that the ordinance targets the status of being homeless and is therefore a violation of the Eighth Amendment.

“Grants Pass’s Ordinances criminalize being homeless,” she wrote. “The Ordinances’ purpose, text, and enforcement confirm that they target status, not conduct. For someone with no available shelter, the only way to comply with the Ordinances is to leave Grants Pass altogether.”

During oral arguments, the justices seemed split over ideological lines, with the conservative justices siding with the town in Oregon, arguing that policies and ordinances around homelessness are complex, and should be left up to local elected representatives rather than the courts.

The liberal justices criticized the city’s argument that homelessness is not a status protected under the Eighth Amendment’s prohibition of cruel and unusual punishment. The liberal justices argued the Grants Pass ordinance criminalized the status of being homeless.

The Biden administration took the middle ground in the case, and U.S. Deputy Solicitor General Edwin Kneedler offered partial support.

“It’s the municipality’s determination, certainly in the first instance with a great deal of flexibility, how to address the question of homelessness,” he said during oral arguments in late April.

A similar ban in Missouri was struck down last year by the state Supreme Court for violating a section of the state Constitution that prohibits legislation from containing multiple unrelated subjects.

This is a breaking news story and will be updated.

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Calm, conservative, confident: What GOP senators want in Trump’s vice presidential pick https://missouriindependent.com/2024/06/25/calm-conservative-confident-what-gop-senators-want-in-trumps-vice-presidential-pick/ https://missouriindependent.com/2024/06/25/calm-conservative-confident-what-gop-senators-want-in-trumps-vice-presidential-pick/#respond Tue, 25 Jun 2024 15:47:52 +0000 https://missouriindependent.com/?p=20765

Former President Donald Trump shakes hands with Sen. Steve Daines, R-Mont., the chair of the National Republican Senatorial Committee, on June 13, 2024 in Washington, D.C., as Sen. JD Vance of Ohio, left, seen as a possible vice presidential pick, and other Republicans look on. Trump, the presumptive GOP nominee, was visiting Capitol Hill to meet with Senate Republicans and participate in additional meetings (Anna Moneymaker/Getty Images).

WASHINGTON — Republican members of the U.S. Senate striving for a takeover of their chamber in the November elections have a wish list for what they’d like to see in Donald Trump’s running mate.

A “little calmer” than Trump. Confident. Conservative. Military experience. Good relationships with senators. Ready to take over as chief executive if needed, they told States Newsroom in interviews.

Trump, the presumptive Republican nominee for president, has held off on revealing his pick. But he’s dropped tantalizing compliments about a few of the short-list candidates, producing non-stop headlines about the veepstakes in advance of the Republican National Convention next month.

So far, Trump hasn’t indicated a clear favorite, leading to incessant speculation about what characteristics he’s looking for in his second-in-command this time around, the person who will head up the GOP ticket with him in what’s likely to be a close election.

In 2016, Trump selected Indiana’s Mike Pence, in part to sway evangelical Christians who were skeptical about Trump’s moral character.

Trump is seeking a second term in office as a convicted felon found guilty on 34 counts in New York for falsifying business records related to a hush money payment to an adult film star ahead of the 2016 election. He’s also facing federal charges for seeking to overturn the results of the 2020 election and has cast aside Pence after his former vice president refused to take part in the scheme.

That, however, hasn’t diminished the number of GOP lawmakers and former presidential hopefuls jostling to join his ticket.

Trump’s list of vice presidential candidates reportedly includes North Dakota Gov. Doug Burgum, Arkansas U.S. Sen. Tom Cotton, Florida U.S. Rep. Byron Donalds, former South Carolina Gov. and U.N. Ambassador Nikki Haley, South Dakota Gov. Kristi Noem, former GOP presidential hopeful Vivek Ramaswamy, Florida U.S. Sen. Marco Rubio, South Carolina U.S. Sen. Tim Scott, New York U.S. Rep. Elise Stefanik and Ohio U.S. Sen. JD Vance.

Republican senators, including some thought to be in the running to be tapped as the veep candidate, met with Trump on June 13 to map campaign strategy and portray unity.

Trump told NBC News on Saturday his pick “most likely” will be at Thursday night’s debate with President Joe Biden in Atlanta.

Confidence and a coalition

Several Republican senators interviewed by States Newsroom offered suggestions for what traits might be most helpful for Trump in a vice president during a potential second term.

West Virginia Sen. Shelley Moore Capito said she’s hoping to see a vice presidential pick who can bring confidence and a wider GOP coalition to the table.

“I think you want somebody who has broad knowledge, not just national, but international, (you want) decisiveness, and somebody who’s got leadership that you could actually see taking the reins of the presidency, somebody who has conservative principles on the Republican side and is a proven leader,” Capito said.

“I would imagine for President Trump, it’s going to be somebody that brings a broader constituency to him,” Capito said, adding “and is probably a little calmer than he is.”

‘Good relationships across the spectrum’

Sen. Thom Tillis of North Carolina said Trump would “benefit from somebody who, in the right setting, is providing a lot of good upward feedback, supporting the president’s agenda.”

The former and possibly future president would also gain from a pick who is “well studied on the issues,” and if it’s a senator, “a person with good relationships across the spectrum would help,” Tillis said.

“We’re probably going to have a tight margin, so if you think about maybe somebody who has past relationships with people in the House, good relationships with the Republican conference. I mean, we’re gonna have some tough votes,” Tillis said.

For example, Congress faces a massive tax code fight next year as several provisions in the 2017 Republican tax law are set to expire. Tillis recalled the internal GOP debate in 2017 “wasn’t a cakewalk.”

“We had to work to get Republican support,” Tillis said. “So having somebody that naturally has that chemistry, you know, whether or not you’ve worked on legislation, or you just have a good relationship going in. If I were in President Trump’s position, that’d be a key factor.”

Congress will also need to address the debt limit next year, a debate that carries significant economic consequences, both domestically and around the globe.

A stint in the military

Iowa Sen. Joni Ernst — a top member of the Armed Services Committee and a retired lieutenant colonel in the Iowa Army National Guard — said she “would love to see somebody that does have foreign relations or military policy experience.”

“I think that would be key, to have someone that’s young and enthusiastic and would be able to fill the role of our next president as well,” Ernst said.

Kansas Sen. Jerry Moran said that Trump might want to pick someone whom voters feel confident can follow him as the leader of the Republican Party.

“I’m not sure that vice presidential nominees have a lot of impact, influence on how people vote,” Moran said. “But I would say that this may be a year in which that matters — (given the) age of candidates. And so who might follow is probably of interest to people. And I would say that the best qualification is somebody who’d be a great president.”

Indiana Sen. Mike Braun, who is likely to become his home state’s next governor, said Trump needs someone who thinks like him politically, so the two don’t differ on policy issues, as well as someone ready to become president if required.

“I think someone’s going to have to be on the same wavelength politically, for sure,” Braun said. “I think I’ve heard him say that he wants somebody ready to step into the role if necessary. I think the loyalty factor is something he’s always stressed.”

Alabama Sen. Katie Britt said that no matter who Trump picks off his short list, Republicans will win back the Oval Office in November.

“Every senator on the list is outstanding,” Britt said. “And I’ll be excited about the good things that we’re going to be able to do with him back in office and us in control of the Senate.”

When asked his opinion of Trump’s VP short list, Sen. Chuck Grassley of Iowa said, “I haven’t seen anybody on the list that I would object to.”

Louisiana Sen. John Kennedy said he wouldn’t comment on specific contenders, but added “all the names I’ve heard mentioned seem to be good people.”

“But what counts is what President Trump thinks, and I don’t have the slightest idea who he’s gonna pick,” Kennedy said.

A sitting senator

Republican senators who spoke to States Newsroom appeared mostly unfazed by the possibility that a vice presidential pick could be from among their ranks — even if that lowers what could be a very narrow majority in the Senate come January.

Capito said she thinks a Republican majority will likely remain safe even if Trump chooses one of her colleagues as his running mate.

“I think the ones he’s talking about are from pretty red states, but you know, you’re always concerned about that,” Capito said. “But I think it would be great to have a colleague who was in the Senate with me be our vice president.”

Braun said that Trump might want to consider the polling of several key races for the Senate before picking his nominee.

“I think that could be a consideration,” Braun said. “You take that risk off the table.”

When asked whether a VP pick from the Senate could weaken or upset a GOP majority, Sen. Rick Scott of Florida said, “I’m sure Trump will take that into consideration.”

Tillis said he is not concerned about Trump’s VP pick threatening a Republican Senate majority, and he speculated that Trump may even pull from the upper chamber when choosing his Cabinet, should he be elected.

“I think the replacement protocol doesn’t make it a significant issue,” Tillis said.

Grassley echoed Tillis. “Are we talking about Ohio, Florida, South Carolina? That’s it. I don’t think you’d worry about that,” he said.

Forty-five states require the governor to appoint someone to fill a vacant U.S. Senate seat, and 37 of those states fill the vacancy with the chosen appointment until the next statewide election, according to the nonpartisan Congressional Research Service.

The remaining states — Kentucky, North Dakota, Oregon, Rhode Island, Wisconsin — require vacant Senate seats to be filled by a special election.

All of Trump’s picks from the Senate are from states with Republican governors.

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Bill to split TikTok from Chinese ownership gets unanimous vote from key U.S. House panel https://missouriindependent.com/briefs/bill-to-split-tiktok-from-chinese-ownership-gets-unanimous-vote-from-key-u-s-house-panel/ https://missouriindependent.com/briefs/bill-to-split-tiktok-from-chinese-ownership-gets-unanimous-vote-from-key-u-s-house-panel/#respond Fri, 08 Mar 2024 11:55:10 +0000 https://missouriindependent.com/?p=19257

The U.S. House Energy and Commerce Committee voted unanimously Thursday to advance a bill to force the social media platform to break ties with its Chinese parent company (Photo Illustration by Drew Angerer/Getty Images).

WASHINGTON — Lawmakers on the powerful U.S. House Energy and Commerce Committee unanimously approved a White House-supported bill that would force TikTok to split from its Chinese parent company or face prohibition from U.S. app stores and web hosting services.

Members voted 50-0 Thursday to advance the Protect Americans from Foreign Adversary Controlled Applications Act, legislation that would make it illegal for U.S. entities to distribute, maintain or update apps or other immersive technology owned by ByteDance.

The wildly popular social media platform has long been a concern of Congress and intelligence officials. Lawmakers passed legislation in December 2022 banning the app from most federal employee devices. The Montana legislature banned the app last year, but the law remains in legal limbo.

The bill received sweeping support because of national security concerns over China, a major U.S. adversary, having access to Americans’ data and a grip on their attention spans. Chinese companies can be made to share sensitive information with that country’s government.

The legislation has moved at an unusually fast pace, only having been introduced in the House Tuesday. House Majority Leader Steve Scalise of Louisiana said he plans to bring the bill to the floor as early as next week.

Committee members sat in a multi-hour classified hearing with U.S. intelligence officials before Thursday’s vote. During the hearing, the lawmakers “witnessed firsthand, in real time, how the Chinese Communist Party can weaponize platforms like TikTok to manipulate the American people,” Chair Cathy McMorris Rodgers, a Washington Republican, said in her opening remarks.

The Biden administration worked with lawmakers from both parties to craft the bill and “want to see this bill get done so it can get to the president’s desk,” White House Press Secretary Karine Jean-Pierre told reporters Wednesday.

Despite the administration’s support for the bill, President Joe Biden’s reelection campaign joined TikTok less than a month ago.

Thursday’s scheduled vote set off a frenzy among TikTok users, whom the company urged to contact Congress. Lawmakers’ offices were flooded with calls, many from young people.

TikTok, which boasts 170 million American users and almost 7,000 U.S. employees, maintains the bill, if enacted, would result in an outright ban of the platform.

“This legislation has a predetermined outcome: a total ban of TikTok in the United States,” a spokesperson for TikTok said in an emailed statement Thursday. “The government is attempting to strip 170 million Americans of their Constitutional right to free expression. This will damage millions of businesses, deny artists an audience, and destroy the livelihoods of countless creators across the country.”

Both the White House and House Republicans disagreed with TikTok’s accusation of a ban.

“We don’t see this as banning these apps — that’s not what this is — but by ensuring that their ownership isn’t in the hands of those who may do us harm. This is about our national security, obviously, and this is what we’re focused on here,” Jean-Pierre said Wednesday.

The legislation empowers the president, in conjunction with executive branch agencies, to determine when a divestiture or other transaction “would result in the relevant covered company no longer being controlled by a foreign adversary” — in other words, when TikTok has severed financial ties with ByteDance.

post on X from the U.S. House Select Committee on the Chinese Communist Party said the panic among users Thursday showed “clear demonstration of how TikTok gives an adversary political power on U.S. soil.”

“TikTok is LYING to the American people about our bill. It does not ban the app, but offers them a pathway to remain in the U.S.,” read the post from the committee chaired by Wisconsin Republican Mike Gallagher, one of the bill’s original sponsors.

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Some GOP senators shy away from Trump threat he won’t aid ‘delinquent’ NATO allies https://missouriindependent.com/2024/02/12/some-gop-senators-shy-away-from-trump-threat-he-wont-aid-delinquent-nato-allies/ https://missouriindependent.com/2024/02/12/some-gop-senators-shy-away-from-trump-threat-he-wont-aid-delinquent-nato-allies/#respond Mon, 12 Feb 2024 22:27:16 +0000 https://missouriindependent.com/?p=18880

Republican presidential candidate and former President Donald Trump at Coastal Carolina University on Feb. 10, 2024 in Conway, South Carolina (Win McNamee/Getty Images).

WASHINGTON — Republican and Democratic senators on Monday distanced themselves from comments Donald Trump made about NATO over the weekend, when the GOP front-runner said the United States might not assist those countries should Russia expand its war in Europe.

Speaking at a rally in South Carolina, Trump recalled a conversation he had when he was president with an unnamed leader of a NATO country, who at the time was expressing concerns about Russia’s military plans.

“One of the presidents of a big country stood up and said, ‘Well, sir, if we don’t pay and we’re attacked by Russia, would you protect us?’ I said, ‘You didn’t pay, you’re delinquent?’ He said, ‘yes,’” Trump said. “No, I would not protect you. In fact, I would encourage them to do whatever the hell they want. You’ve got to pay.”

The remarks this weekend and comments Trump made throughout his time in the Oval Office about the North Atlantic Treaty Organization provoked frustration among some Republican senators who say they believe the organization is important for Western democracy as well as American national security.

Iowa Republican Sen. Chuck Grassley said in a brief interview Monday that he would encourage Trump not to make positive comments about Russia or similarly aligned countries.

“I think the best advice I could give to our presidential candidate, Trump, is simply to say, ‘Don’t say anything nice about any communist,’” Grassley said, listing off Russia’s Vladimir Putin, China’s Xi Jinping and North Korea’s Kim Jong Un.

Grassley said “it’s pretty simple” that the United States should not “appease” anyone like Putin, who he alleged is a “war criminal.”

“Why would you want to give any encouragement to him?” Grassley said of Putin.

Oklahoma Republican Sen. James Lankford noted that Congress has put “guardrails” on involvement in NATO, including that a president cannot withdraw the U.S. from the alliance without a two-thirds vote by the Senate.

Lankford said it shouldn’t be necessary for lawmakers to pass legislation to ensure intelligence sharing or active participation in NATO.

“We shouldn’t have to do that. The president of the United States should actually want to stick with our alliances,” Lankford said, noting that he disagrees with what Trump said over the weekend.

“I don’t agree, by any means, that we should turn away from our allies,” Lankford said.

No NATO withdrawal without Senate vote

Senate Armed Services Chairman Jack Reed, a Rhode Island Democrat, said there are numerous factors determining when and how the U.S. participates in NATO and that those “generally run” through the Defense Department and the president of the United States.

It would be possible, Reed said, for the president not to staff key positions or to remove U.S. troops from Europe. But, Reed said that Congress added language to the annual defense authorization bill last year that would prevent a president from formally withdrawing from NATO without a vote by the U.S. Senate.

“So we’d still be in NATO, but the president would have so many different levers that our participation could be diminished,” Reed said.

That provision, originally a bill sponsored by Virginia Democratic Sen. Tim Kaine and Florida Republican Sen. Marco Rubio, says the president “shall not suspend, terminate, denounce, or withdraw” the U.S. from NATO without a two-thirds vote by the Senate.

West Virginia Republican Sen. Shelley Moore Capito said Congress is “very supportive of NATO.”

“They’ve shown themselves to be a very strong force, upping their commitments,” Capito said. “So I think that’s a strong alliance and I would hope President Trump would agree with that.”

Capito said she didn’t think Congress needed to put any provisions in place to reinforce the United States’ commitment to NATO.

Senate Defense Appropriations Chair Jon Tester, a Montana Democrat, said Trump’s comments were “not a smart thing to say and not a smart thing to imply.”

A second term for Trump, should he win November’s election, could see “far worse” than the former president blocking the U.S. from assisting NATO allies should Russia attack them, Tester said.

Iowa Republican Sen. Joni Ernst said Congress “shouldn’t encourage anything like that” when asked about Trump’s comments.

“Obviously, the Europeans are our partners. We’ll continue to encourage them to contribute to NATO and do better,” Ernst said.

Lawmakers aren’t yet at the point where they need to add additional legal guardrails for what presidents can or cannot do on NATO, she said.

“We’re not at that point yet,” Ernst said. “I do support NATO. I think it plays a very important function and we can see why. So let’s just stay the course.”

Peters: ‘Unhinged’

Michigan Democratic Sen. Gary Peters, chair of the Democratic Senatorial Campaign Committee, said Trump’s comments were “ridiculous and irresponsible.”

“It disqualifies him from being president in my mind,” Peters said, adding he hopes voters will see “how unhinged he is.”

Ohio Democratic Sen. Sherrod Brown said he believes lawmakers need to focus on assisting Ukraine’s military so that Russia cannot get closer to NATO countries.

“To me, the focus needs to be protecting NATO,” Brown said. “The focus needs to be on not allowing Russia, who has a history of this, to overrun Ukraine, so that they bump up against NATO, because we know what that means for sending American troops. And that is so wrong and we would ever get in a position where that could happen.”

Kansas Republican Sen. Jerry Moran said NATO is “an important ally and we need to be united as we combat many of the world’s challenges together.”

Moran shrugged his shoulders when asked if there’s a way for Republicans to convince Trump that NATO is a beneficial alliance.

Maine independent Sen. Angus King said he thought it was “shocking that (Trump) would actively encourage Russian aggression in Europe.”

“If I had not seen it in print, I wouldn’t have believed it — that a U.S. president or U.S. public figure would say such a thing,” King added.

Indiana Republican Sen. Todd Young said that Congress could “continue to instill confidence in our NATO allies by passing” the emergency spending bill for Ukraine, Israel and Taiwan.

Arizona Democratic Sen. Mark Kelly said Trump’s comments make “us less safe.”

“I guess you could argue that he could be inviting Russia to attack one of our allies,” Kelly said. “That’s a threat to our own national security.”

Tuberville says allies should pay their share

Alabama Republican Sen. Tommy Tuberville sought to downplay Trump’s comments as being about NATO countries spending more on their defense capacities.

“You know, he stood up for American citizens when he was president, telling Europe, ‘Pay your share.’ That’s all they want, pay your share,” Tuberville said. “And some of the new ones already pay their share, that’s good. But you got some that don’t come close to spending the 2%, so it’s all sarcasm.”

Tuberville said he’s “all for NATO” if the countries meet that benchmark of investing at least 2% of their gross domestic product in their military

Hawaii Democratic Sen. Brian Schatz that he doesn’t believe anyone “can credibly claim that (Trump) doesn’t know what he’s saying and that he doesn’t intend to do what he’s talking about.”

“It’s now almost a decade into the Trump political experiment and we know exactly how he feels about Europe and Putin,” Schatz said. “And we should stop pretending otherwise just because we’re afraid of getting criticized by the pundits who don’t like us focusing on Russia.”

Louisiana Republican Sen. John Kennedy, unlike many of his Republican colleagues, declined to answer questions about Trump’s comments.

“I don’t have anything for you on that,” Kennedy said.

Nikki Haley, U.N. ambassador during the Trump administration and his main challenger left in the 2024 Republican presidential primary, admonished the former president during a campaign event in South Carolina on Monday, saying that she was “appalled” when she heard what he said about NATO.

“The idea that he said he would side with (Putin) over our allies who were with us after 9/11 — I mean, that’s not somebody who’s going to prevent a war, that’s somebody who’s going to get us in a war,” Haley said. “And that kind of rhetoric was unhinged.”

What is NATO and what does it do?

The North Atlantic Treaty Organization was founded in 1949 following World War II and is designed around several core principles, including that if one nation is attacked, the provocation is seen as an attack on all member countries.

That provision, known as Article 5, has been invoked only once in the alliance’s history — by the United States following the 9/11 terrorist attacks.

NATO currently includes 31 member countries, including Canada, France, Finland, Germany, Italy, Poland, Spain and the United Kingdom.

The alliance has been instrumental in aiding Ukraine after Russia invaded and launched a war more than two years ago.

The United States and other countries have provided billions in military, humanitarian and economic support to Ukraine as its military has held off Russian troops from overrunning their country.

While Ukraine isn’t a NATO member, it has sought to join in the past and current President Volodymyr Zelenskyy has pressed for his country’s inclusion throughout the war.

The NATO alliance considers stopping Putin in Ukraine essential to avoiding a wider, deadlier conflict than the one already underway.

Numerous heads of state, including President Joe Biden, have warned that if Putin is allowed to overtake Ukraine, he would likely seek to overtake other Eastern European countries, many of which belong to NATO.

Such an attack would likely lead to a direct war between NATO countries and Russia in Europe. That would undoubtedly include the U.S. troops.

Military spending by NATO countries

Trump repeatedly criticized NATO allies during his first term in office for what he claims is a lack of military spending on their part.

NATO countries are supposed to spend 2% of their gross domestic product on the country’s military budget, but because the nations in the alliance all have vastly different sized economies, their contributions to their own defense budgets range in terms of dollar for dollar investments. That agreement was reached in 2006 with a deadline for implementation by 2024.

NATO says on its website that the number of NATO member countries spending at least 2% of their GDP on defense has risen from three in 2014 to seven in 2022.

“While the 2% of GDP guideline alone is no guarantee that money will be spent in the most effective and efficient way to acquire and deploy modern capabilities, it remains an important indicator of the political resolve of individual Allies to devote to defense a relatively small but still significant level of resources,” the website says.

Skylar Laird contributed to this report. 

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U.S. Senate panel examines quality, costs of assisted living centers https://missouriindependent.com/2024/01/25/u-s-senate-panel-examines-quality-costs-of-assisted-living-centers/ https://missouriindependent.com/2024/01/25/u-s-senate-panel-examines-quality-costs-of-assisted-living-centers/#respond Thu, 25 Jan 2024 22:14:13 +0000 https://missouriindependent.com/?p=18634

The U.S. Senate Committee on Aging is gathering information to assess conditions and costs at assisted living centers (Getty Images).

 

WASHINGTON — Bipartisan U.S. senators are sounding the alarm on cost, workforce shortages and dangerous incidents at assisted living facilities across the country as the needs of aging Americans are forecast to sharply increase.

Sen. Bob Casey, chair of the Senate Committee on Aging, led a hearing Thursday to highlight the panel’s fact finding mission. Unlike nursing homes, assisted living care is largely unregulated at the federal level.

“It is long past time for Congress to re-examine this model and ensure that it’s meeting our nation’s needs,” the Pennsylvania Democrat said in his opening remarks.

Citing a recent survey that found 80% of adults would not be able to afford four years in an assisted living facility, Casey appealed directly to the public to share their experiences.

“I want to hear from you about the true cost of assisted living,” Casey said, holding a sign that urged people to submit stories to aging.senate.gov/assistedlivingbills.

“I think it’s very important that we hear from people — hear from people about their own experience as family members, as people who are paying the bill and also expecting the promises that are made when someone becomes a resident of an assisted living facility,” Casey said.

“It is only by hearing those stories, only by hearing about those experiences, can we bring the needed change that I know we all agree has to come.”

Residents and family members recall poor care

Among those who testified was a Virginia woman who said she witnessed alarming situations due to short staffing and poor training in a facility where her husband lived with Lewy Body Dementia.

Patty Vessenmeyer, of Gainesville, Virginia, described an “extremely loud” central group room at the facility and finding a resident “bloody and staggering down a hallway” after she tripped on a raised area of the floor covered by a rug.

“A company knowledgeable about dementia care would not design a facility this way,” she said.

She also told lawmakers about having to break up a physical altercation when one resident was beating another with his cane, and of finding her husband had soiled himself when staff was not around to help him reach the bathroom.

Without identifying the Warrenton, Virginia, facility, Vessenmeyer told the committee’s ranking member, Sen. Mike Braun, that the base cost for her husband’s room was $7,900 a month, but that her monthly bill eventually totaled $13,000.

“That sounds unaffordable,” Braun, an Indiana Republican, said.

“If he hadn’t passed away rather quickly … it would have used up all of my nest egg,” Vessenmeyer said.

“That’s the kind of stuff I’ve been appalled by,” Braun responded.

Jennifer Craft Morgan, director of the Gerontology Institute at the University of Georgia, told the panel that assisted living costs across the nation average $4,500 a month, making it “inaccessible to most Americans.”

In addition to breaking down cost barriers, Morgan recommended the industry consistently educate and train workers, reward companies that deliver high-quality care, and standardize monitoring and resources to increase state-based oversight and transparency.

Cost and care vary by state

But care is not as costly in all states, and operators can choose to go beyond state requirements, Julie Simpkins, co-president of Gardant Management Solutions, told the lawmakers.

The Illinois-based company is the fifth largest assisted living care provider in the U.S. Gardant operates services aimed at low-income seniors in Indiana, Illinois, Maryland, Ohio and West Virginia.

Simpkins told Braun that in states like Illinois and Indiana, low-income families see limited out-of-pocket expenses because of the states’ arrangements with federal Medicaid waiver programs.

When asked if that situation stretches across the country for low- and middle-income families, Simpkins told Braun: “Nationally, there needs to be programs in each state to provide access to affordable assisted living. They’re not all there yet.”

Simpkins also testified that Gardant’s facilities exceed state requirements “when we believe it is in the best interest of our residents.”

Those instances include immediately reporting to the state when residents wander out of the facilities, a situation the industry calls “elopement.”

“Even something as technical as a resident walking out the door and instantly returning with a staff member — we know they didn’t leave our community and our staff immediately addressed the situation, but we still report it,” Simpkins said.

Another example, Simpkins said, is that every employee at Gardant’s memory care facilities trains beyond the required levels to become certified dementia practitioners.

Debate over national standards 

Still, “it’s important to note that every state, every community, and every resident is different,” Simpkins said in her testimony.

“Efforts to standardize all assisted living communities would be both unworkable and irresponsible for resident care,” she said.

Richard Mollot, executive director of the Long Term Care Community Coalition in New York City, disagreed.

As needs of aging adults have evolved since assisted living dawned in the 1980s, Mollot advocates for national standards and a national database of assisted living caregivers and companies.

“The absence of any federal quality or safety standards, coupled with a virtual absence of reliable public information on the quality, safety and cost of assisted living, have made assisted living a sector ripe for investment by sophisticated private enterprises who can shuffle around resources and take profits with little regard to the promises made to seniors and their family,” Mollot said in his opening statement.

Later, during questioning, Mollot told Casey: “Essentially, there’s no independent validated information on assisted living for the consumers, for policymakers, or for the general public. So families, as you noted, have to rely on facilities and facility marketing materials.”

Casey responded to Mollot, saying he thinks it’s “pretty fundamental that people should have the opportunity to place reliance upon a source that is objective and, to use your word, independent.”

Braun also criticized Simpkins’ argument against standardization, particularly when it comes to transparency.

“I don’t know how you could say that wouldn’t be good,” he said to Simpkins.

“I’ve been the most vocal senator that our health care system is broken,” Braun later continued. “We do not have transparency. We do not have competition.

“It’s kind of almost like an unregulated utility and you get your bill after you had a significant health care scrape or a bad accident. You gotta hold your breath to see how much it’s gonna cost or if you can afford it,” he said.

Looking ahead

The hearing did not focus on pushing a particular piece of legislation forward. Rather, the senators said they will be gathering information to assess the industry.

Casey touted the letters he penned in mid-January to the three largest corporate assisted living care operators, including Atria Senior Living based in Louisville, Kentucky; Brookdale Senior Living in Brentwood, Tennessee; and Sunrise Senior Living in McLean, Virginia.

The Pennsylvania lawmaker also announced he was joining colleagues in requesting that the Government Accountability Office study how much federal money is spent on assisted living facilities, what those facilities are charging families and whether or not they make their charges easily known.

Democratic Sens. John Fetterman of Pennsylvania, Kirsten Gillibrand of New York, Elizabeth Warren of Massachusetts, Richard Blumenthal of Connecticut, Mark Kelly of Arizona and Raphael Warnock of Georgia co-signed the letter to GAO.

 

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Missouri Republicans push bill to defund Planned Parenthood after years of legal fights https://missouriindependent.com/2024/01/25/missouri-republicans-abortion-medicaid-planned-parenthood/ https://missouriindependent.com/2024/01/25/missouri-republicans-abortion-medicaid-planned-parenthood/#respond Thu, 25 Jan 2024 15:31:55 +0000 https://missouriindependent.com/?p=18620

The Planned Parenthood clinic in St. Louis on June 24, 2022 (Tessa Weinberg/Missouri Independent).

After years of court losses and legislative stalemates, Republicans and anti-abortion advocates in Missouri are once again trying to block Planned Parenthood from receiving money through Medicaid.

A Senate committee debated legislation Wednesday that would change Missouri law to make Planned Parenthood ineligible to receive reimbursements from MO HealthNet, the state’s Medicaid program.

Though the organization says it hasn’t received any state funds for nearly two years, as legal fights over past GOP efforts continue to play out in court, anti-abortion advocates argued Missouri lawmakers must take action. 

“Budgets are moral documents,” said Samuel Lee, with Campaign Life Missouri, who testified in support of the bill before the Senate health and welfare committee. “And it’s immoral to spend money on organizations that provide and promote abortions.”

Nearly all abortions are illegal in Missouri, with the exception of medical emergencies. The two Planned Parenthood affiliates operating in the state – Planned Parenthood Great Plains and Planned Parenthood of the St. Louis Region and Southwest Missouri – no longer provide abortions in Missouri. But their clinics in Illinois and Kansas, as well as around the country, still do.

In 2020, the Missouri Supreme Court struck down language in a budget bill that excluded abortion providers or their affiliates from receiving Medicaid reimbursements. 

Lawmakers tried again in 2022, and a Cole County judge once again deemed the move unconstitutional. That case was appealed and is once again with the state Supreme Court.

State Sen. Lauren Arthur, a Democrat from Kansas City, reminded the committee that if Planned Parenthood received a Medicaid reimbursement, it would not be going to fund abortions. The organization’s clinics also provide other reproductive health care, such as cancer screenings, STI testing and treatment and contraceptives.

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Advocates for planned Parenthood said cutting off Medicaid funding would only hurt those most in need of care.

“Even though the Missouri Supreme Court and the Circuit Court of Cole County have ruled that defunding attempts were unconstitutional, lawmakers continue playing political games to deny patients high-quality preventive care,” the state’s Planned Parenthood affiliates said in a joint statement following the hearing.

Planned Parenthood officials said they’ve continued treating all patients, even without reimbursements coming in.

Vanessa Wellbery, vice president of policy and advocacy for Planned Parenthood of the St. Louis Region and Southwest Missouri, said nearly 20% of the patients of Planned Parenthood affiliates in Missouri rely on Medicaid. 

“Any suggestion that patients could just go somewhere else or go to another provider is simply wrong,” Wellbery said. “There are not enough sexual and reproductive health care providers to fill the gap. This bill is discriminatory, it’s irresponsible, and it would issue a devastating blow to our public health safety net here in Missouri.” 

A fight to end public dollars to Planned Parenthood

Susan Klein, executive director of Missouri Right to Life, said anti-abortion advocates and lawmakers have worked hard to fight against public dollars going to Planned Parenthood. 

“We’re asking for pro-life protective language to go in statute to prevent our public dollars from going to an organization that is affiliated with the largest abortion provider in the United States,” she said. 

State Sen. Nick Schroer, a Defiance Republican sponsoring the legislation, assured his colleagues that there are enough health care providers to “pick up the slack” if Planned Parenthood ceases to exist in Missouri. 

“With all the money that’s coming in to put abortion back on the ballot, I think there’s a lot of money there,” Schroer said. “Why do they need our tax dollars?”

Schroer was referencing two coalitions that have launched initiative petitions campaigns hoping to enshrine abortion rights into the Missouri constitution. 

GOP renews push to make it harder to amend Missouri constitution by initiative petition

One coalition, Missourians for Constitutional Freedom, has raised more than $2 million to bankroll its efforts to gather more than 171,000 signatures before May in order to put the issue on the statewide ballot.  

Ryan Conway, legislative director for the Missouri Department of Social Services, said in the past three fiscal years, no money has been refunded to Planned Parenthood from DSS or MO HealthNet.

Arthur worried that cutting off Medicaid patients’ access to Planned Parenthood clinics could result in an even higher financial toll for the state. 

“If we are denying people access to the health care provider of their choice, in which case many times is Planned Parenthood, then you are creating a scenario where there may be more unwanted pregnancies,” Arthur said. “And that can cause additional expense for the state of Missouri if those patients go on to have pregnancies if they’re on Medicaid, their children are on Medicaid.” 

‘That safety net is going to break’

Maggie Olivia, a policy manager with Abortion Action Missouri, said she relied on Planned Parenthood health centers when she was uninsured. Even though she now has insurance, Olivia, who said she is also a survivor of sexual violence, continues to get gynecological care through Planned Parenthood.

“Planned Parenthood health centers are truly the only place I feel safe to access that level of intimate care,” said Olivia.

Michelle Trupiano, executive director with Missouri Family Health Council, Inc., said her organization’s network of providers helps about 40,000 patients across the state with family planning services, and Planned Parenthood is the provider for about half of those. 

She was among a number of people to testify about a medical provider shortage across Missouri. 

According to the Missouri Department of Health and Senior Services, primary health care provider shortages “makes it difficult for low-income, uninsured and geographically isolated Missourians to receive health care.“

On average, Trupiano said, it takes between three and six weeks for new patients in Missouri to get a doctor across the health council’s 68 safety net clinics, several of which are Planned Parenthood. 

Without Planned Parenthood, she said the wait for essential services would become months-long.

“If you put another hole in the safety net by eliminating Planned Parenthood, then that safety net is going to break and affect not just Planned Parenthood and how they keep their doors open to ensure care,” she said. “It’s going to affect every other safety net provider.”

State Sen. Mary Elizabeth Coleman, a Republican from Arnold and chair of the committee, asked a number of those who testified why the clinics couldn’t just drop their Planned Parenthood logo and affiliation and continue to operate. 

Wellbery, with Planned Parenthood, said it’s not as simple as dropping affiliation, adding the organization’s name is known and trusted.

The committee took no action on the bill Wednesday. 

CORRECTION: This story was updated at 10:31 a.m. to correct the spelling of Susan Klein’s name.

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VA secretary says agency will cooperate with investigation into veterans crisis line https://missouriindependent.com/briefs/va-secretary-says-agency-will-cooperate-with-investigation-into-veterans-crisis-line/ https://missouriindependent.com/briefs/va-secretary-says-agency-will-cooperate-with-investigation-into-veterans-crisis-line/#respond Wed, 15 Nov 2023 19:59:23 +0000 https://missouriindependent.com/?p=17825

U.S. Sen. Jerry Moran, a Kansas Republican and ranking member of the Senate Veterans’ Affairs Committee, appears for a podcast recording in September 2022 at the Kansas Reflector office in Topeka (Tim Carpenter/Kansas Reflector).

WASHINGTON — Department of Veterans Affairs Secretary Denis McDonough sought to defend the veterans crisis line Wednesday in a letter to the Kansas senator who has raised concerns with how some veterans are treated after calling it.

McDonough wrote in the three-page letter to Republican U.S. Sen. Jerry Moran that the VA “takes any allegations of insufficient care or service very seriously and will investigate thoroughly.”

“We also want to reaffirm our appreciation and support for whistleblowers at VA, who raise important issues and help us better serve our nation’s heroes,” McDonough wrote. “It takes courage to raise concerns, and we at VA are dedicated to building a culture where every employee feels empowered and unafraid to do so.”

The 988 Suicide and Crisis Lifeline and the Crisis Text Line provide 24/7 support for anyone thinking about committing suicide by dialing 988. The veterans crisis line is available by dialing 1-800-273-8255 and pressing 1 or by sending a text message to 838255. The Veterans Crisis Chat is available here

The Government Accountability Office has opened an investigation into the veterans crisis line after Moran, the top GOP senator on the Veterans’ Affairs Committee, asked them to do so in response to multiple whistleblower allegations of “gross mismanagement.”

McDonough wrote in the letter that he wanted to share additional information with Moran about why staff members at the veterans crisis line transfer people to the “callers with complex needs” program. That process is at the center of Moran’s concerns.

“Callers with complex needs are known callers who display inappropriately abusive behavior (e.g. cursing at responders or being racist toward responders); sexual behavior; or high-frequency calling for a purpose other than crisis support (e.g. calling VCL hundreds of times per day),” McDonough wrote.

“Oftentimes, these callers are not veterans — or those calling on behalf of veterans — and can take up resources that would normally be used to serve veterans in immediate crisis,” McDonough added.

The complex needs program, he wrote, was established in the spring of 2018 and consists of more than 100 staff who receive 32 hours of training on “behavior-shaping, boundary-setting and coaching.”

“In the rare situation that we come close to capacity for (callers with complex needs) callers during any shift, we will add staff to that shift, using overtime and other tools,” McDonough wrote.

Sometimes people transferred to the callers with complex needs unit will receive a “selectively delayed response,” which McDonough wrote is a “best practice” that can help those people “modify their behavior by pausing their engagement with a responder.”

“While engaged in a delay, the caller hears a caring message about why they are waiting for a response, how to shape their behavior to be removed from a hold, and what to do if in crisis,” McDonough wrote. “Crucially, there is always an option for these callers to connect to support immediately if they are experiencing an urgent crisis, and these callers are neither placed on indefinite holds nor involuntarily disconnected.”

Those callers also have “extensive records” within the veterans crisis line, meaning that even if they are disconnected from the call for any reason, there is “no break in record retention.”

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Missouri House ethics panel to hold further hearings in Plocher investigation https://missouriindependent.com/2023/11/08/missouri-house-ethics-panel-to-hold-further-hearings-in-plocher-investigation/ https://missouriindependent.com/2023/11/08/missouri-house-ethics-panel-to-hold-further-hearings-in-plocher-investigation/#respond Wed, 08 Nov 2023 23:17:12 +0000 https://missouriindependent.com/?p=17730

House Ethics Committee Chair Hannah Kelly, left, and Vice Chair Robert Sauls speak to reporters Nov. 8 after a hearing into a complaint against Speaker Dean Plocher. (Rudi Keller/Missouri Independent)

The Missouri House Ethics Committee appears to be prepared to advance an investigation over House Speaker Dean Plocher’s personnel actions and expense reimbursement requests.

The panel met behind closed doors for more than two hours on Wednesday. The discussion is confidential, but afterward Chair Hannah Kelly told assembled reporters that another hearing would be scheduled, suggesting that the committee is preparing the next step, to examine the substance of the allegations against Plocher.

Plocher is the subject of an inquiry into House personnel matters and a complaint about “unethical conduct” in office.

When the committee was finished for the day, Kelly, R-Mountain Grove, declined to comment on the questions considered. 

“We have a job to do here in this committee and due to the House rules, as has been previously mentioned, I cannot comment,” Kelly said. “I can assure you as chairman that due process will be followed and confidentiality is of the utmost importance, for the integrity of the committee as well as the House.”

Plocher has been under fire since September, when he was accused of threatening to fire nonpartisan legislative staff as part of a push to get the House to award a lucrative contract to a private company to manage constituent information. 

Records obtained by The Independent through the Missouri Sunshine Law document allegations that Plocher connected the success of the contract to the 2024 campaign — in which he is running for lieutenant governor — and engaged in “unethical and perhaps unlawful conduct.”

On Oct. 17, Plocher fired his chief of staff Kenny Ross, giving no explanation for the change. Ross was hired a few hours later by Senate President Pro Tem Caleb Rowden.

A few days later, The Independent reported that Plocher filed false expense reports with the legislature going back to 2018 seeking reimbursement for costs already paid for by his campaign.

Plocher has flatly denied any wrongdoing, chalking up the contract issue to a misunderstanding and the false expense reports to a “checkbook error.” He started paying back the illegal reimbursements, saying that he and his wife — who is also his campaign treasurer — caught the mistakes and self-reported them. 

But though the false reports went back years, Plocher didn’t begin making repayments until two weeks after The Independent submitted a Sunshine request on Oct. 5 seeking his expense reports.

While the committee process will be time-consuming, Plocher’s ability to remain in office while waiting for the results is in doubt. House Republicans will caucus Thursday in Jefferson City and are likely to discuss whether he should remain in his office or step aside, several GOP members said.

State Rep. Adam Schwadron, R-St. Charles, on Sunday sent colleagues a letter calling for Plocher to resign as speaker, stating that “these events and the questions they raise look horrible.”

GOP members in the Capitol on Wednesday declined to say on the record whether they expect the caucus to vote on Plocher’s continued leadership. Speaking anonymously, one said he would wait for the committee to make a report while another said they were waiting until after the caucus to speak publicly.

While there is no official confirmation that the committee is investigating Plocher, several actions by other House members – and Plocher himself – leave little doubt that it is about the speaker. House Assistant Minority Leader Richard Brown of Kansas City, vice chair of the ethics committee, recused himself from the proceedings to avoid a conflict of interest. Brown is seeking the Democratic nomination for lieutenant governor, the same office Plocher is seeking.

Brown was replaced temporarily by committee by Rep. David Tyson Smith of Columbia and Rep. Robert Sauls, D-Independence, took Brown’s place as ranking minority member and vice chair of the committee.

Plocher, who is required to pass complaints about any House member to the committee within 14 days of it being filed, instead recused himself and sent it to House Speaker Pro Tem Mike Henderson for action.

When the committee was finished for the day, Kelly declined to comment on the questions considered. But the committee’s rules, outlined in a resolution approved by the House in February, point to what is next.

When a complaint is received, the first step is for the committee to determine whether the complaint was filed in the proper form. Once the committee is satisfied that it is, a vote is held on whether to proceed to a “primary hearing” where the subject of the complaint is given a chance to answer the charges.

The committee must allow 21 days for the answer to be received in writing. The answer can be an objection to the jurisdiction of the committee to conduct an investigation.

“The complainant and alleged victim shall also be notified, in writing, of the action of the Committee,” the rules state.

At the conclusion of the primary hearing, the committee has the choice of dismissing the complaint, proceeding to a formal hearing, behind closed doors, or allowing the member to accept a sanction for misconduct. 

If the investigation proceeds to a formal hearing, the committee’s investigation is guided by the rules and the committee has 45 days after it finishes taking testimony to deliver a report to the House.

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How a looming government shutdown could hit national parks https://missouriindependent.com/2023/09/27/how-a-looming-government-shutdown-could-hit-national-parks/ https://missouriindependent.com/2023/09/27/how-a-looming-government-shutdown-could-hit-national-parks/#respond Wed, 27 Sep 2023 10:45:34 +0000 https://missouriindependent.com/?p=17176

A group of bison cross the road in Yellowstone National Park near the Madison River in April 2023 (Clark Corbin/Idaho Capital Sun).

National parks and nearby communities could forego millions of dollars per day during a partial government shutdown that could start this weekend.

Would-be visitors will likely see restrictions on park access, though the extent of those restrictions was still unclear just days before a potential lapse in federal appropriations set to begin Sunday. Parks would lack the regular funds used for daily operations, but some could be covered temporarily by states or other funding sources.

The National Park Service furloughed about seven out of every eight workers during shutdowns in October 2013 and December 2018-January 2019, according to a report last week from the Congressional Research Service.

But the Interior Department took different approaches to visitor access in each shutdown under presidents of different parties.

In 2013, under Democratic President Barack Obama, parks were closed to the extent possible, and visitors asked to leave. Concessionaires inside parks closed and park roads, where possible, were blocked.

In 2018 and 2019, under Republican Donald Trump, most parks remained at least partially open with services reduced. In part, that approach relied on visitor fees, which was legally dubious. It also left visitors without access to even basic services like restrooms and trash removal.

That move also left parks severely understaffed and irresponsibly put visitor health and safety — and the wellbeing of the parks themselves — at risk, said John Garder, senior director for budget and appropriations at the advocacy group National Parks Conservation Association.

“The decision of the last administration to keep parks open using fees was reckless,” Garder said.

The parks had limited resources to educate visitors, he said. Some used sensitive areas of Joshua Tree National Park for camping, damaging the park’s delicate namesake flora, he said.

No shutdown plan online 

But the Interior Department has not updated its plan of action in the event of a shutdown as a funding lapse approaches.

The 2019 plan has been removed from a White House Office of Management and Budget web page listing all current agency and department shutdown plans but had not been replaced by Tuesday afternoon.

“When the Department has final lapse plans, they will be published,” Interior spokesperson Melissa Schwartz wrote in a Monday email. Department spokespeople declined further comment.

NPS parkways, such as the Blue Ridge Parkway in North Carolina and Virginia, would likely stay open because of the difficulty in closing them.

Government funding is set to lapse Oct. 1. The U.S. House Republican Conference, which controls that chamber, has shown little progress in resolving internal disputes about whether and how to reduce federal spending, leaving negotiations over regular spending bills as well as a short-term stop-gap measure to keep the government open at a standstill.

Lost revenue and research

If park access is severely restricted, every day of a shutdown next month could result in 1 million fewer visitors to national parks, Garder said.

Visitors seeking to enter many parks — including those on long-planned trips or celebrating weddings and other special events — would likely be turned away, Garder said.

It would also mean a roughly $70 million per day loss for so-called gateway communities outside park boundaries whose economies largely depend on tourism, according to the NPCA.

“It’s deeply disappointing for visitors, but it’s alarming and disheartening for those who worry about their bottom lines, and for park employees, whose morale is deeply affected,” Garder said.

The 16-day 2013 shutdown saw a loss of nearly 8 million visitors and $414 million in economic activity, according to a 2014 NPS report cited by the Congressional Research Service.

A government funding lapse could also threaten long-term scientific research and park assets.

For example, a 60-year study of wolves and moose on Isle Royale, an island park 15 miles from Minnesota in Lake Superior, was interrupted by the 2018-2019 shutdown.

And the damage to the desert-dwelling Joshua trees from campers also showed the potential long-term harm to parks, said Lisa Frank, the executive director of the federal legislative office for the advocacy group Environment America.

“These trees grow very, very slowly,” she said. “They’re in a really harsh environment, that it’s totally a miracle that they grow at all in that part of the world. And so damage to some of those trees, when they’re already suffering from climate change and everything else, is a pretty severe problem.”

Senate Republican calls for parks to stay open

U.S. Sen. John Barrasso, a Wyoming Republican and ranking member of the Senate Energy and Natural Resources Committee that has jurisdiction over the Park Service, wrote to Interior Secretary Deb Haaland last week asking to use visitor fees to cover operational costs during a shutdown.

The NPS used fees collected under the Federal Lands Recreation Enhancement Act to keep parks open to visitors during the last shutdown and could do so again, he said.

“Your judicious use of FLREA fees will protect the millions of people who plan and save for trips to these special places, ensure that gateway communities that rely on park visitation for jobs and economic stabilities do not needless suffer, and sustain the dedicate National Park Service employees who rely on a regular paycheck,” Barrasso wrote.

But the Trump administration’s use of those funds was illegal, the Government Accountability Office found, as those fees were supposed to be used for other purposes.

State funding?

In previous shutdowns, states have signed memoranda of understanding with the federal government to allow state funds to cover park costs and keep them open, Garder said.

In Arizona, Gov. Katie Hobbs, a Democrat, said last week she would sign an executive order to use state lottery revenue to keep Grand Canyon National Park open during a shutdown, according to The Associated Press. Republican Gov. Doug Ducey spent about $200,000 to keep that park open in 2019.

While on sounder legal footing than using entrance fees, Garder said state partnerships do not excuse federal lawmakers from passing a spending law.

“It’s certainly not a long-term solution,” he said.

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Missouri Democrat calls for special session on St. Louis nuclear waste, Parson says no https://missouriindependent.com/2023/08/01/top-missouri-house-democrat-calls-for-special-session-on-st-louis-nuclear-waste/ https://missouriindependent.com/2023/08/01/top-missouri-house-democrat-calls-for-special-session-on-st-louis-nuclear-waste/#respond Tue, 01 Aug 2023 17:05:03 +0000 https://missouriindependent.com/?p=16344

(Illustration by Tyler Gross)

One of Missouri’s top Democratic officials asked the governor on Monday to call a special legislative session in response to news reports of the “unacceptable mismanagement” of radioactive waste in the St. Louis area. 

“The problems related with this waste have festered for nearly 80 years,” House Minority Leader Crystal Quade said in a letter to Gov. Mike Parson. “It is well past time for us to begin the long process of finally resolving them for the sake of all Missourians.”

But according to the St. Louis Post-Dispatch, Parson rejected the request. Parson’s spokesman Johnathan Shiflett told the Post-Dispatch “there are no plans for a special session at this time.”

“Governor Parson is concerned for the impacted communities, but this issue was caused by the federal government and should be fixed by the federal government,” Shiflett said. Shiflett didn’t return requests for comment from The Missouri Independent.

Quade, D-Springfield, is seeking the Democratic nomination for governor in 2024. Her comments follow a six-month investigation by The Missouri Independent, MuckRock and The Associated Press into radioactive contamination still lingering from World War II.

Uranium for the first atomic bomb was processed in downtown St. Louis, and radioactive waste was trucked across the region. Contamination from the effort still lingers in Weldon Spring, Coldwater Creek and the West Lake Landfill. 

The newsrooms found that, for decades, federal officials and private companies either downplayed or failed to fully investigate the extent of radioactive contamination in St. Louis and St. Charles counties, allowing generations of families to be exposed.

 

Radioactive contamination in the St. Louis area has been extensively covered over the years, but new federal documents showed the way the federal government knew in the years after World War II that radioactive waste posed a threat to the environment and wrote off the contamination as “low-level” or “minor,” even as young families flocked to burgeoning suburbs surrounded by nuclear waste.

Crystal Quade
House Minority Leader Crystal Quade, D-Springfield, answers questions during a press conference on the final day of the 2022 legislative session (Tim Bommel/Missouri House Communications).

In a letter dated Monday, Quade asked Parson, a Republican, to call a special legislative session to appropriate money to a state program so the Missouri Department of Natural Resources can investigate areas of radioactive waste under a law passed in 2018.

Over the years, the state department has routinely pushed the Environmental Protection Agency and Department of Energy for more extensive sampling and cleanup of radioactive waste, which Quade applauded. 

“However, there is more that can and must be done by the state to protect the health and safety of our citizens,” Quade wrote in the letter.

According to the letter, the state can develop its own sampling and analysis plan, including sampling residents’ homes if they agree. 

Parson’s office did not immediately respond to a request for comment on Tuesday.

Rep. Tricia Byrnes, R-Wentzville, who grew up in the area and, as a teen, swam in a quarry she didn’t know was contaminated in Weldon Spring, has researched the issue extensively. She led efforts this spring to pass a resolution to require the state’s attorney general to seek compensation for residents who have become ill from exposure to radioactive waste.

The resolution passed the House but did not receive a Senate vote.

Byrnes said she and other elected officials and activists from the area need the help of anyone who wants to be involved, regardless of party. But Byrnes and a Missouri Senate Republican leader questioned Quade’s motivations as she campaigns for governor.

Byrnes said the area needs support, “not political moves during an election.” 

“Any politician that wants to stand in the blood of my community for a moment in the spotlight will be called out,” Byrnes said. 

Dawn Chapman, who co-founded Just Moms STL, which advocates for the community around the West Lake landfill in Bridgeton, said she’d like to see elected officials in Missouri put pressure on the Department of Energy to take responsibility for the contamination.

“I don’t think the state necessarily needs to do its own investigation because I think the Department of Energy’s numbers and documents are out there that say how bad this is,” Chapman said.

State Senate Majority Leader Cindy O’Laughlin, R-Shelbina, said she thought there was likely a “more methodical way” to approach the issue. She said there’s a lot of work to be done talking to affected parties and researching before calling a special session, which would cost a lot of money.

“I think people sometimes tend to call for a special session prematurely,” O’Laughlin said. “I’m not going to say that she’s doing that, but she is running for governor and it is a way to kind of get yourself out there in the headline.”

Byrnes said she has been in contact since the spring with the offices of U.S. Sen. Josh Hawley, a Republican, and Rep. Cori Bush, a St. Louis Democrat. 

Last week, Hawley successfully attached an amendment to the National Defense Authorization Act that would expand a federal program that offers compensation to people who have become ill after exposure to radioactive waste from the federal government’s weapons development and testing programs. 

Under the amendment, St. Louis-area residents would be eligible for compensation. It also expands coverage to the long-overlooked “downwinders” in New Mexico, and affected residents in a handful of other states and regions, who developed cancers and other illnesses from exposure to the testing of the first atomic bombs. 

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Democratic leaders warn abortion pill ruling could endanger other FDA-approved drugs https://missouriindependent.com/2023/04/10/democratic-leaders-warn-abortion-pill-ruling-could-endanger-other-fda-approved-drugs/ https://missouriindependent.com/2023/04/10/democratic-leaders-warn-abortion-pill-ruling-could-endanger-other-fda-approved-drugs/#respond Mon, 10 Apr 2023 13:00:28 +0000 https://missouriindependent.com/?p=14862

U.S. Senate Majority Leader Chuck Schumer, D-N.Y. (Anna Moneymaker/Getty Images).

WASHINGTON — U.S. Senate Democratic leaders vowed to defend reproductive rights and abortion access Saturday, less than a day after a federal judge in Texas ruled the federal government needs to pull the abortion pill off the market within a week.

Senate Majority Leader Chuck Schumer, of New York, and Washington Sen. Patty Murray, the top Democrat on the Appropriations Committee, in a call with reporters emphasized they believe the correct place to address the Texas ruling is through the judicial system and pledged to do everything they can to move legislation through Congress as well.

They also expressed concern that if one federal judge is allowed to overturn the U.S. Food and Drug Administration’s approval of this pharmaceutical, other court cases could upend the agency’s medical and scientific judgment on additional prescription drugs. The Biden administration has filed notice it will appeal the ruling by Judge Matthew Kacsmaryk, a Trump appointee, to the 5th Circuit Court of Appeals in New Orleans.

The Texas judge’s ruling to suspend FDA approval of mifepristone throughout the country pending that appeal is in conflict with a separate ruling by a federal judge in Washington state on Friday that the FDA cannot alter mifepristone access in 17 states and Washington, D.C. The Texas appeal means there is no impact on the abortion pill’s FDA status until April 14 or until another court decision.

The political leaders emphasized the risk that other drugs could be affected in future cases by the Texas decision. “We cannot lose sight of what this does to the FDA,” Schumer said. “This right-wing MAGA judge — in his zeal to impose his own views on the American people — has suspended this long-time FDA-approved medication, over the agency and drug manufacturers’ opinion.”

“According to authorities, this is the first time a long-time approved drug by the FDA has been overturned by the court,” Schumer added.

Murray, who used to chair the Senate panel that oversees health, said that mifepristone is safe and effective, rejecting arguments from anti-abortion groups in the case that claimed it is not.

“This ruling is not about science. It is about ideology,” Murray said. “It is not about protecting women. It’s about controlling their bodies. It is cruel, and it flies completely in the face of all reason and logic.”

“And let’s not forget, this dangerous ruling threatens to absolutely upend FDA’s ability to approve all kinds of other safe medications, everything from insulin to chemotherapy drugs,” Murray added.

Outlook in Congress

Schumer, Murray and other Democrats who support abortion rights will have an especially challenging time moving any bills related to abortion through their narrow majority in the U.S. Senate or convincing Republicans to bring up legislation in the U.S. House.

Speaker Kevin McCarthy, Majority Leader Steve Scalise and the vast majority of GOP lawmakers in the U.S. House campaigned on a platform that included protecting “the lives of unborn children and their mothers,” though they provided no specifics on what that would look like in legislation.

House Republicans have not brought bills on reproductive rights, abortion, or maternal mortality to the floor since they took over the chamber in January.

Top GOP leaders in Congress hadn’t publicly reacted to or commented on the Texas judge’s ruling as of mid-day Saturday.

In the U.S. Senate, several Democrats are lukewarm about the likelihood of sending President Joe Biden reproductive rights legislation, or a bill specifically protecting access to medication abortion, which is approved for up to 10 weeks.

In interviews with States Newsroom ahead of the Texas judge’s ruling on Friday, Democratic senators were less than optimistic about clearing any reproductive rights bills.

Vermont independent Sen. Bernie Sanders, chair of the U.S. Senate Health, Education, Labor and Pensions Committee, said “I don’t have an answer to that,” when asked specifically what the Senate should do on medication abortion.

Schumer didn’t have a clear plan Saturday for how Democrats would move legislation protecting access to mifepristone or broader reproductive rights issues.

“We’re going to work in every way we can legislatively and otherwise to preserve a woman’s right to choose,” Schumer said.

Schumer brought Democrats’ centerpiece legislation on reproductive rights, the Women’s Health Protection Act, to the floor twice last year. Each time, Republicans blocked the legislation from moving past the 60-vote legislative filibuster.

Democrats also tried to pass legislation last year that would have guaranteed access to birth control, though Republicans blocked it from passing the U.S. Senate, arguing it went too far.

Attempts to secure the right to contraception stemmed from Associate Justice Clarence Thomas’ concurring opinion in the abortion case last summer. In it, Thomas wrote the justices should “reconsider all of this Court’s substantive due process precedents” that relied on similar legal reasoning that was used in Roe v. Wade.

Thomas specifically mentioned the 1965 Griswold v. Connecticut ruling, which recognized married couples’ right to use contraception.

‘Chaos’ predicted for providers if ruling stands

On Saturday’s call, Murray, asked about arguments that the Biden administration and FDA could ignore or defy the Texas ruling, emphasized it won’t go into effect for six more days and that the key next step is the appeals process. “It is critical that we win this fight in court,” she said.

She also sharply criticized Republicans for their stance on reproductive rights and abortion access.

“Everyone should realize now that Republicans across the country have one goal in mind, and that’s to take away women’s right to make their own health care decisions in any way they can,” Murray said. “This battle is going to be fought in public opinion and in our votes at the ballot box.”

Center for Reproductive Rights President and CEO Nancy Northup, who was also on the call, said health care providers are in “uncharted waters” given the conflicting rulings in Texas and Washington state.

“We, of course, are counseling our clients with regard to what these decisions could mean,” Northup said. “But beyond that, I’m going to hold on saying more. We do have six more days until this goes into effect.”

Northup said health care providers who offer abortion services “are preparing and being advised on what to do if this actually goes into effect.”

“But it will be chaos,” she said. “And it’s unacceptable because it is a safe, effective method of abortion as approved by the FDA 22 years ago.”

The at-odds rulings from two federal judges are likely to move the cases with speed to the U.S. Supreme Court.

Northup noted that could happen very quickly, saying that when the organization was litigating a case on Texas’ six-week abortion ban, “we went from a decision in the trial court to the Supreme Court in a week.”

The FDA issued a statement Saturday on the appeal by the U.S. Justice Department, saying the agency approved Mifeprex, the brand name version of mifepristone, “more than 20 years ago based on a comprehensive review of the scientific evidence available and determined that it was safe and effective for its indicated use — medical termination of an early pregnancy.”

“FDA stands behind its determination that mifepristone is safe and effective under its approved conditions of use for medical termination of early pregnancy, and believes patients should have access to FDA-approved medications that FDA has determined to be safe and effective for their intended uses.”

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Midwestern, Western states in spotlight after mystery flying objects shot down by military https://missouriindependent.com/2023/02/13/midwestern-western-states-in-spotlight-after-mystery-flying-objects-shot-down-by-military/ Mon, 13 Feb 2023 23:48:04 +0000 https://missouriindependent.com/?p=14127

Three more arial objects were shot down over the last a few days by U.S. forces. Here, sailors assigned to Explosive Ordnance Disposal Group 2 recover a high-altitude surveillance balloon on Feb. 5, 2023, off the coast of Myrtle Beach, South Carolina. (Petty Officer 1st Class Tyler Thompson/U.S. Navy via Getty Images)

WASHINGTON — Military posts in Midwestern and Western states played key roles in the unprecedented downings of multiple unmanned aerial objects over the North American continent this weekend.

Members of Congress and governors from the states involved and from both parties have shared information about the downings on Twitter and in statements, in some cases soon after the incidents occurred. But they say they continue to have many questions after the flurry of U.S. and Canadian military activity over the weekend.

Over three days, three types of airborne crafts that the Pentagon has not specifically described were shot down: one over Alaska on Friday, a second over northern Canada with an assist from the U.S. on Saturday, and the third over Lake Huron, Michigan, on Sunday. The Pentagon has not attributed their ownership to any country or company.

That followed the Feb. 4 Air Force downing of a suspected Chinese surveillance balloon off the South Carolina coast after it had drifted east from where it was spotted in Montana.

In the Sunday incident, two U.S. Air Force F-16 fighter jets took off from Madison, Wisconsin, piloted by Air National Guard personnel based in Minnesota, to complete the mission.

“I’m proud of the airmen in the @148FW, based out of Duluth, who earlier today took off from Madison, WI to shoot down a flying object over Lake Huron as part of a federal mission,” Minnesota Gov. Tim Walz posted to Twitter Sunday, referring to the 148th Air National Guard unit in Duluth. “The Bulldogs executed their mission flawlessly, protected the homeland, and got the birds home safe.”

A refueling aircraft from the Air National Guard based in Pittsburgh and airborne warning support from Tinker Air Force Base in Oklahoma also assisted in monitoring the object.

Air National Guard units have both state and federal missions, which is part of what has put governors in the unusual position of being involved in a national security situation. Governors in a handful of states have had to communicate what is happening in their airspace, while leaving most decision-making to federal authorities.

In a followup tweet, Walz, a Democrat, downplayed his role, saying it was a federal mission and federal authorities would share more information when it was available.

In a Friday statement, Alaska’s Republican Gov. Mike Dunleavy said his state was “on the front lines” because of its proximity to Russia, North Korea and China.

He also questioned the Biden administration’s decision not to disrupt the Chinese surveillance balloon until it reached the Atlantic Ocean and called for a discussion about how to make Alaska’s military readiness “more robust.”

Lake Huron downing

The Biden administration did release more information Monday about how it tracked and brought down an object in Lake Huron on Sunday.

The Minnesota crews used an air-to-air missile to down the object over Lake Huron at 2:42 p.m. Eastern.

The low-altitude craft, which was traveling at about 20,000 feet, crashed into the Canadian side of the lake, where the U.S. Coast Guard and Canadian counterparts are now making efforts to recover it in “what is probably very deep water,” National Security Council spokesperson John Kirby said during the White House press briefing Monday.

The North American Aerospace Defense Command, or  NORAD, had detected an object on radar in Canadian airspace, about 70 miles north of the U.S. border, around 4:45 p.m. Eastern time Saturday.

Fighter jets from Portland, Oregon, and a refueling tanker aircraft from Fairchild Air Force Base in Washington state were ordered to take off and investigate the object. But they were unsuccessful as it crossed into sovereign U.S. airspace around 6 p.m., just before dark, according to the Pentagon.

Overnight radar again detected an object tracking over Montana and traveling east on Sunday. Officials then monitored an object on radar over Wisconsin and Lake Michigan.

“It’s likely, but we have not confirmed, that the track that we saw (over) Wisconsin was likely the same track in Montana,” said NORAD Commander Gen. Glen VanHerck at a late Sunday news briefing.

The general said NORAD was able to monitor the radar track across Michigan’s Upper Peninsula and ultimately shoot down the object over Lake Huron using an AIM-9X Sidewinder missile.

“I’ve been notified by the Department of Defense that the flying ‘object’ over the Great Lakes has been shot down,” Wisconsin Democratic Sen. Tammy Baldwin said in a statement Sunday.

“I appreciate the decisive action taken by the President. Wisconsinites’ safety and our national security remain paramount, and I am working hard to get Americans the answers they need and deserve on these incursions.”

Information sharing

Both the full U.S. House and Senate were given classified briefings last week in the days following the Feb. 4 splashdown of a sizable suspected Chinese surveillance balloon 6 miles off the coast of South Carolina.

National defense agencies have also kept “relevant state governors” apprised of operations in their states, Kirby said at Monday’s White House press briefing.

However, lawmakers want to know more. A senior U.S. House aide said elected officials are waiting for more information, including any details on the objects — size, shape, purpose or capabilities.

Unlike the approximately 200-foot maneuverable balloon from China — China says the balloon was for weather research —  that carried a payload the size of a jetliner at 60,000 feet, the Pentagon and White House maintain the objects shot down over the last few days were smaller and unmaneuverable.

Friday, Saturday downings

The two incidents prior to Sunday’s were similar.

On Friday morning, airspace over Alaska closed to air traffic as NORAD tracked an unidentified object at 40,000 feet and eventually shot it down with an air-to-air missile over frozen waters off Alaska’s Northern Slope.

Then, two U.S. F-22 fighters from Joint Base Elmendorf-Richardson were ordered to monitor another object over Alaska late Friday evening. The object crossed into Canadian airspace Saturday, and the Royal Canadian Air Force monitored as a U.S. F-22 shot the object down over Yukon.

In all three weekend instances, the Pentagon says the objects posed a risk to civilian air traffic as they were at the level of commercial air traffic and at the mercy of the wind.

While they didn’t pose a military threat, officials were concerned about their proximity to sensitive U.S. military sites, Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs Melissa Dalton said Sunday.

Adjustments to NORAD’s radar system since the Chinese balloon traversed the continent in early February has allowed more sensitive detection above North America, according to the Pentagon.

“In light of the People’s Republic of China balloon that we took down last Saturday, we have been more closely scrutinizing our airspace at these altitudes, including enhancing our radar, which may at least partly explain the increase in objects that we’ve detected over the past week. We also know that a range of entities, including countries, companies, research organizations operate objects at these altitudes for purposes that are not nefarious, including legitimate research,” Dalton said.

“That said, because we have not yet been able to definitively assess what these recent objects are, we have acted out of an abundance of caution to protect our security and interests,” she continued.

Members of Congress press for more

That explanation still does not go far enough for some lawmakers.

“We need answers from the Pentagon. We need answers from the President himself. There are times to err on the side of secrecy in national security operations. But when our fighter pilots are shooting down presumably hostile aerial objects all across America, it’s long past time for transparency,” Rep. Mike Gallagher, chair of the new House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party, said in a statement provided by his office Monday.

“Where are these (unidentified aerial phenomena) coming from? What is their purpose? Are they related to the CCP’s spy balloon or other CCP-directed espionage programs?” the Wisconsin Republican continued, referring to the Chinese Communist Party.

Gallagher repeated media reports from an unnamed official that the object that floated over his congressional district was “octagonal.” States Newsroom has not independently verified that claim.

U.S. Sen. Jon Tester, a Montana Democrat who chairs the Defense spending subcommittee, said he supported the decision to shoot down the object that traveled over his state.

He said he was in continued contact with defense and intelligence officials and would “keep demanding answers for the public.”

“I’m continuing to receive regular updates from the Pentagon and our intelligence community as we closely monitor American airspace,” he said in a Sunday tweet. “I will keep holding them accountable so the public gets the answers they deserve.”

Kirby said the White House is staying in regular contact with state and local officials.

“We will continue to brief members of Congress and relevant state leadership on what we are doing and what we learned,” Kirby said Monday. “The President has made this a very top priority. We have, over the course of just the last few days and certainly over the course of last week, reached out to inform and brief members of Congress and relevant state governors of the operations that we were conducting and other recovery operations that are underway.”

The president has ordered the creation of an interagency team to study the broader policy implications for detection, analysis and disposition of unidentified aerial objects that pose either safety or security risks, according to the White House.

“We have been, I think, as transparent as we can be,” Kirby said.

There is “no indication of aliens or extraterrestrial activity with these recent takedowns,” White House press secretary Karine Jean-Pierre said with laughter Monday.

Senators are expected to receive a briefing Tuesday morning, according to Senate Majority Leader Chuck Schumer.

Below is a list of flying objects the U.S. has downed or helped down in the last two weeks:

  • Feb. 3-4: A suspected Chinese surveillance balloon (China claims it was an off-course weather balloon) was spotted in Montana Feb. 3, tracked over Kansas and Nebraska and shot down off the coast of South Carolina Feb. 4.
  • Feb. 10: An unidentified object was shot down off the coast of Alaska.
  • Feb. 11: The U.S. assisted Canada to take down “a high-altitude airborne object over northern Canada.”
  • Feb. 12: An “airborne object” over Lake Huron, Michigan, was shot down. The Minnesota Air National Guard took off from Wisconsin to bring the object down. Pilots from Oregon and Washington (and a tanker from Pittsburgh Air National Guard) also tracked the object. It was also possibly detected over Montana, Wisconsin.
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U.S. attorney general names special counsel for classified docs found in Biden’s garage https://missouriindependent.com/2023/01/12/u-s-attorney-general-names-special-counsel-for-classified-docs-found-in-bidens-garage/ Thu, 12 Jan 2023 21:38:22 +0000 https://missouriindependent.com/?p=13733

U.S. Attorney General Merrick Garland said he’d appointed former federal prosecutor Robert Hur to lead the investigation to determine if Biden had mishandled classified material(Win McNamee/Getty Images).

WASHINGTON — The White House revealed Thursday morning that more classified documents from President Joe Biden’s time as vice president were discovered outside of secure government facilities, this time in the garage at his Wilmington, Delaware home.

The files have since been turned over to the U.S. Justice Department, which opened a special counsel investigation into the matter. Another set of documents with classified markings also dating to the Obama administration were discovered earlier at a think tank associated with Biden.

U.S. Attorney General Merrick Garland, speaking Thursday afternoon, said he’d appointed former federal prosecutor Robert Hur to lead the investigation to determine if Biden had mishandled classified material.

“This appointment underscores for the public the department’s commitment to both independence and accountability in particularly sensitive matters, and to making decisions indisputably guided only by the facts and the law,” Garland said. “I am confident that Mr. Hur will carry out his responsibility in an even-handed and urgent manner, and in accordance with the highest traditions of this department.”

Hur was appointed in 2018 by then-President Donald Trump to lead the federal prosecutor’s office in Maryland and joined the law firm of Gibson, Dunn & Crutcher in April 2021.

Biden expanded on the developments during brief remarks Thursday morning following a speech on the economy, saying his lawyers “discovered a small number of documents with classified markings in storage areas and file cabinets in my home and in my personal library.”

Biden added, while being questioned by reporters, that the garage, where he also stores his classic Corvettes, was locked.

“By the way, my Corvettes [are] in a locked garage. It’s not like they’re sitting out on the street,” Biden said.

Second discovery

The finding of additional classified documents was announced in a written statement by Richard Sauber, special counsel to the president. The disclosure came after documents with classified markings were found at the Penn Biden Center in Washington, D.C., in November 2022, and the president’s lawyers began searching his residences in Wilmington and Rehoboth Beach, Delaware.

Those lawyers found “a small number of additional Obama-Biden Administration records with classified markings,” according to Sauber.

“All but one of these documents were found in storage space in the President’s Wilmington residence garage,” Sauber said. “One document consisting of one page was discovered among stored materials in an adjacent room. No documents were found in the Rehoboth Beach residence.”

The lawyers immediately contacted the Department of Justice and arranged to turn over the documents, Sauber said.

Following Garland’s remarks, Sauber said Biden and his legal team “will continue that cooperation with the Special Counsel.”

“We are confident that a thorough review will show that these documents were inadvertently misplaced, and the President and his lawyers acted promptly upon discovery of this mistake,” Sauber added.

The Justice Department received notice from Biden’s personal attorney on Dec. 20 that the additional classified documents had been found, Garland said.

Biden in his remarks reiterated that he respects the federal government’s classification process.

“As I said earlier this week, people know I take classified documents and classified materials seriously,” Biden said. “I also said we’re cooperating fully with the Justice Department’s review.”

Garland laid out a timeline of when the department learned of the classified documents. The National Archives Office of the Inspector General first notified the Justice Department on Nov. 4 that documents were stored at the Penn Biden Center, Garland said.

Trump comparisons

The discovery of classified documents in Biden’s private residence, not just an office he used after his time as vice president, immediately drew comparisons to the classified documents found inside Trump’s private residence at Mar-a-Lago in Florida.

Those documents were, however, only recovered by the government after the FBI secured a search warrant for parts of his property amid an ongoing struggle by the National Archives to get back all of the classified documents.

Federal authorities are investigating Trump for possible Espionage Act violations because of classified documents he took from the White House to Mar-a-Lago. The FBI executed a search of his residence in August, finding about 100 classified documents out of 11,000 total documents, the Justice Department said.

The search followed Trump’s return to the National Archives of documents, including 184 with classified markings, that had been held at Mar-a-Lago after he left the White House.

Still, Republicans seized upon the Biden revelations. House Speaker Kevin McCarthy, a California Republican, rebuked Biden for keeping the documents with classified markings at an office and his personal residence in Delaware.

“I think Congress has to investigate this,” McCarthy said. “Here’s an individual that’s been in office for more than 40 years, here’s an individual that said on ‘60 Minutes’ that [he] was so concerned about President Trump’s documents.”

McCarthy added: “I do not think any American believes that justice should not be equal to all.”

Biden answered questions about the documents just after a speech on the U.S. economy, where he was hoping to focus on low unemployment and reduced inflation.

“The data is clear, even though inflation is high in major economies around the world, it is coming down in America month after month,” Biden said.

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U.S. House adjourns as conservatives block Kevin McCarthy bid to be speaker https://missouriindependent.com/2023/01/03/conservatives-in-u-s-house-tank-mccarthy-bid-to-be-speaker-on-multiple-ballots/ Tue, 03 Jan 2023 22:45:35 +0000 https://missouriindependent.com/?p=13615

California Rep. Kevin McCarthy didn’t clinch the backing of the 218 lawmakers he needed to become the head of the chamber on Jan. 3, 2023 (Chip Somodevilla/Getty Images).

WASHINGTON — Republican control of the U.S. House got off to a rocky start Tuesday when the party was unable to decide who should become speaker amid a sharp disagreement within the party’s more conservative faction.

California Rep. Kevin McCarthy didn’t clinch the backing of the 218 lawmakers he needed to become the head of the chamber during the first three rounds of ballots, marking the first time in a century the speaker’s election went to multiple ballots.

After the unsuccessful first day, where opposition to McCarthy increased as the day went on, House Republicans moved to adjourn until noon Wednesday.

The move gives McCarthy more time to negotiate with the 20 GOP lawmakers who oppose his bid for speaker, possibly changing the tally before voting resumes.

McCarthy received 203 votes to Democratic nominee Hakeem Jeffries’ 212 votes on the first ballot, with the remaining support going to other GOP lawmakers on the first ballot.

McCarthy said after that vote that GOP leaders want to pass legislation addressing the border and the economy, but can’t do that until the party elects a speaker.

“We’ve certain members right now that think they can use a small majority to try to get themselves the gavel,” he said. “That’s not how it works.”

Reps. Andy Biggs of Arizona, Dan Bishop of North Carolina, Andrew Clyde of Georgia, Eli Crane of Arizona, Matt Gaetz of Florida, Bob Good of Virginia, Paul Gosar of Arizona, Ralph Norman of South Carolina, Scott Perry of Pennsylvania and Matt Rosendale of Montana were among the Republican members to vote against McCarthy on the first ballot. All of those GOP lawmakers voted for Biggs, after Gosar nominated him.

Colorado Rep. Lauren Boebert, Texas Rep. Michael Cloud, Florida Rep. Anna Luna, Illinois Rep. Mary Miller, Tennessee Rep. Andrew Ogles and Texas Rep. Keith Self voted for Ohio Rep. Jim Jordan on the first ballot.

Oklahoma Rep. Josh Brecheen voted for Indiana Rep. Jim Banks. Maryland Rep. Andy Harris voted for New York Rep. Lee Zeldin. And Texas Rep. Chip Roy voted for Florida Rep. Byron Donalds. Banks, Zeldin and Donalds were not formally nominated for speaker during the first round of voting.

The 19 Republican lawmakers also voted against McCarthy during the second ballot, though all moved to voting for Jordan, who has said he doesn’t want the role and nominated McCarthy ahead of the second ballot.

During the third ballot, Florida’s Donalds joined the McCarthy opposition, writing in a tweet that the House should adjourn so Republicans can “huddle and find someone or work out the next steps.”

“When the dust settles, we will have a Republican Speaker, now is the time for our conference to debate and come to a consensus,” Donalds wrote. “This will take time, Democracy is messy at times, but we will be ready to govern on behalf of the American people. Debate is healthy.”

Good called for McCarthy to step aside following the first ballot, saying he expects Jordan to pick up ballots.

“The sooner he pulls out — for the good of the country, for the good of the Congress, for the good of the conference – the better everyone is and that way we can move together to try to find who the best person is that can reach 218,” Good said.

Four-vote margin

House Republicans have an especially slim majority with just a four-vote margin to pass bills across the floor, or elect a speaker.

The impact of the razor-thin majority and divisions within the Republican Party about policy goals and its future were on full display Tuesday, with conservative members split over whether McCarthy should lead the party during the next two years, or if another lawmaker was better suited to take the helm.

Gaetz said ahead of the first speaker vote the group of conservative GOP lawmakers wants a commitment from McCarthy for balanced budgets, a Texas border plan, term limits and individual votes on earmarks.

Gaetz also said that incoming House Armed Services Committee Chair Mike Rogers, an Alabama Republican, told Gaetz he would be kicked off the committee if he didn’t back McCarthy for speaker.

Boebert told reporters the group presented a plan to McCarthy on Monday evening that could have gotten him the votes needed to become speaker on the first ballot, but he rejected the offer.

“I have been working every day to unify the Republican Party for the American people,” Boebert said before the vote. “And yesterday we had a deal that was not a selfish deal in any way for Kevin McCarthy, to get him the gavel on the first ballot, and he eagerly dismissed us.”

Boebert said one of the policy changes that is especially important to her is a single member motion to vacate, which would allow any member of the House, not just a member of leadership, to call for a vote on the speaker.

“We were just told when we left this door, ‘We will give you single-member motion to vacate’,” Boebert said following the closed-door GOP meeting ahead of the floor vote.

Perry said the Tuesday morning meeting was “about a beat-down and a simulated unity in the room, which really doesn’t exist”

Perry also said the anti-McCarthy Republicans are being “threatened with being kicked off your committees if you don’t vote as you’re ordered to.”

“We took an offer to him last night of things that are completely and wholly within his purview,” Perry said. “If he wants to accept the offer, we’re happy to join the discussion.”

D.C. ‘status quo’ criticized

Bishop of North Carolina wrote in a statement ahead of the vote that McCarthy is not the right candidate to be speaker.

“He has perpetuated the Washington status quo that makes this body one of the most unsuccessful and unpopular institutions in the country,” Bishop said. “This is not about personality differences or who has ‘earned’ the position. It’s about the American people.”

The last speaker’s election to go for more than one ballot was in 1923, when Frederick Huntington Gillett, a Massachusetts Republican, didn’t secure the gavel until the ninth ballot, according to the U.S. House Office of the Historian.

Of the 14 speaker elections that have gone to multiple ballots, the 34th Congress, which began in 1855, held the most votes, reaching 133 before electing Nathaniel Prentice Banks to the role.

The U.S. House can’t begin any of its work for the 118th session of Congress until it elects a speaker, putting GOP plans for legislation on hold for the moment.

House Majority Leader Steve Scalise, a Louisiana Republican, said the House GOP will bring “meaningful, ready-to-go” legislation in the House during the first few weeks of the 118th Congress as committees “organize and start moving legislation through regular order.”

Rescinding IRS funding

One of the first bills would rescind the billions of dollars Democrats included in their signature health care, climate change and tax package last year to increase staff and improve technology at the Internal Revenue Service.

The House will also vote on a resolution that would create a Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party.

The 16-member panel won’t have any legislative authority, meaning its lawmakers won’t focus on writing bills or moving legislation through Congress. Its sole purpose will be “to investigate and submit policy recommendations on the status of the Chinese Communist Party’s economic, technological, and security progress and its competition with the United States.”

Another bill would prohibit the federal government from spending federal dollars on abortion with limited exceptions for rape, incest, or the life of the pregnant person — a provision that already exists in the annual government spending bills.

The measure is somewhat unspecific about when doctors would be able to perform a life-saving abortion, defining it as a “case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself.”

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Bipartisan group of lawmakers push to restrict foreign ownership of Missouri farmland https://missouriindependent.com/2022/12/12/bipartisan-group-of-lawmakers-push-to-restrict-foreign-ownership-of-missouri-farmland/ Mon, 12 Dec 2022 11:55:47 +0000 https://missouriindependent.com/?p=13390

A Soil and Water Conservation District technician consults with a farmer in a cover crop field of rye grass. Cover crops are used to restore soil nutrients and prevent erosion (Photo by Edwin Remsberg and USDA-SARE).

Citing concerns about the environment, food security and the fate of family farmers, Missouri legislators have filed several bills that would restrict foreign ownership of agricultural land.

Both Democratic and Republican senators have pre-filed bills ahead of the January start of the 2023 Missouri General Assembly session to halt foreign purchases of Missouri farmland. 

“Just at the basic level, I think it’s the question of, ‘Do you think somebody who’s not American should own Missouri ground?’” said Sen. Bill Eigel, R-Weldon Spring. “And, for me, I think that answer is no.” 

Missouri lawmakers voted in 2013 to allow up to 1% of the state’s farmland to be held by foreign entities. Soon thereafter, a Chinese company purchased Smithfield Foods, which operates Missouri’s largest industrial hog farms, and its 40,000 acres of Missouri farmland. 

Since then, the politics surrounding America’s relationship with China have shifted dramatically. While nearly every Republican in the legislature supported the measure at the time, it is now regularly used as a political cudgel in Missouri GOP primaries.

U.S. Sen. Josh Hawley, during his run for attorney general in 2016, hammered a GOP rival over the vote, and Missouri Attorney General Eric’s Schmitt’s support for the 2013 bill was featured in attack ads during his successful run for U.S. Senate this year.

Opposition to foreign ownership of Missouri farmland creates unlikely allies. 

Environmental groups argue foreign-owned industrial agricultural operations, like cattle and hog feedlots, can harm waterways while some conservative legislators simply oppose the idea wholecloth. 

Groups that support small farmers say they’re concerned foreign ownership can artificially drive up property values and price Missourians out of farming in their own state. 

“They’re not looking at it saying, ‘I’m going to plant a crop and how much money of the profit do I have to return to capital for land purchases?’” said Joe Maxwell, president of Farm Action and former Democratic lieutenant governor of Missouri. “Rather, theirs is long-term investment…and that artificially elevates that land value.”

Eigel has a bill that would prohibit new sales of farmland to foreign entities. 

“I don’t want to open up our agricultural ground or really any of our ground to foreign owners or foreign actors that we may not know or really understand the real intentions of,” he said.  

His Democratic colleague, Sen. Doug Beck of Afton, has proposed something similar to Eigel’s bill for several years.

“Our farmland is a finite, precious resource,” Beck said.

Sen. Rusty Black, R-Chillicothe, said foreign ownership of Missouri farmland has become politicized in recent years, though it has not had dire consequences across the state. He noted Smithfield is still operated by local employees. 

“Smithfield is largely the same as before,” Black said. “Smithfield has the local management, same employees and contributes nearly $2 billion in economic activity to the state of Missouri.”

Black is sponsoring a bill that would eliminate the 1% threshold, which he says would mean “no new foreign business ownership of agriculture land in Missouri would be authorized.” 

The Missouri Department of Agriculture’s latest report shows that as of March 2021, about 0.36% of the state’s farmland is owned by foreign entities with only 0.16% of that counting toward the 1% cap. The other 0.2% is either not used for farmland, was owned before 1978, amounts to less than five acres or is owned by a non-citizen who resides in the U.S.

The U.S. Department of Agriculture, however, estimates that 1.1% of Missouri agricultural land is held by foreign owners, meaning the state has already passed its 1% cap. 

Citing concerns about China, states mull limits on foreign ownership of farmland

Investigate Midwest, a nonprofit newsroom covering agriculture, found even USDA’s data are not complete. The agency largely relies on voluntary reporting, and its database doesn’t list owners for more than 3.1 million acres. 

Beck said he felt his bill was reasonable because it would halt foreign sales so the state can get a better handle on tracking land ownership. 

Tim Gibbons, communications director for the Missouri Rural Crisis Center, said foreign ownership of Missouri farmland “is a symptom of an even larger problem — the corporate, multinational takeover of our farm and food system,” noting that 50% of U.S. pork production is controlled by two foreign companies. 

“In one generation, 90% of Missouri hog producers were put out of business,” Gibbons said in a statement. 

He added: “We need our elected representatives to pass laws that support family farmers and consumers, our rural communities and economies, and a safe, decentralized food system.”

Critics of foreign farm ownership often say there’s danger in having large swaths of the food supply controlled by foreign entities. 

They typically cite China, which owns more than 40% of the foreign-owned acreage in Missouri reported in the state’s data. In USDA’s data, Italy is the leading owner of Missouri farmland with twice as many acres as any other country. 

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Democrats strip Iowa of first-in-the-nation prize, tap South Carolina for first primary https://missouriindependent.com/2022/12/02/democrats-strip-iowa-of-first-in-the-nation-prize-tap-south-carolina-for-first-primary/ Sat, 03 Dec 2022 00:41:57 +0000 https://missouriindependent.com/?p=13320

President Donald Trump gives a kiss on the cheek to Iowa Governor Kim Reynolds during a January 2020 campaign rally. Iowa is in danger of losing its place as first-in-the-nation for party nominating contests. (Tom Brenner/Getty Images)

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Sulfur dioxide pollution in the Bootheel breaks EPA rules. Regulators look to fix it https://missouriindependent.com/2022/11/30/sulfur-dioxide-pollution-in-the-bootheel-breaks-epa-rules-regulators-look-to-fix-it/ Wed, 30 Nov 2022 11:55:43 +0000 https://missouriindependent.com/?p=13263

Associated Electric Cooperative Inc.'s New Madrid Power Plant sits near the bank of the Mississippi River in Southeast Missouri. The plant will have to reduce emissions of sulfur dioxide under an agreement with state environmental regulators. (Photo courtesy of Sierra Club)

A coal-fired power plant must cut emissions and an aluminum smelter must spend millions to rid a community in Missouri’s Bootheel of sulfur dioxide pollution by 2026 under a deal with state environmental regulators. 

Part of New Madrid County is out of compliance with Environmental Protection Agency standards for having triple the limit of sulfur dioxide in its air. The compound, which is a component of acid rain, can exacerbate breathing and heart issues. 

“It’s pretty far in excess,” said Mark Leath, the air quality planning section chief for the Missouri Department of Natural Resources. He added that the concentration has gone up in recent years after the aluminum smelter restarted operations. 

“I think it’s like four or five times the level of the standard.” 

The sources of the heightened sulfur dioxide, the regulators found, are the Magnitude 7 aluminum smelter in Marston and the adjacent New Madrid Power Plant, operated by Associated Electric Cooperative Inc., which supplies power to co-ops across Missouri. 

The department is proposing a plan to bring sulfur dioxide concentrations down and will receive public comments Thursday at a Missouri Air Conservation Commission meeting. 

Magnitude 7, which started operations in 2018 after its predecessor, Noranda Aluminum, filed for bankruptcy, will have to build a $7 million stack to better dissipate its sulfur dioxide emissions under a consent agreement with the state. And the power plant will have to rein in its own emissions. 

A leading environmental group argues the requirements on the power plant aren’t enough.

“It’s unfortunate that DNR is not requiring meaningful sulfur dioxide pollution reductions at AECI’s coal plant, which emitted over 10,000 tons of (sulfur dioxide) in 2021,” said Brian Smith, Missouri’s organizing representative with the Sierra Club’s Beyond Coal Campaign.

Though the state’s plan has not yet been presented to the air commission, Leath said efforts to reduce sulfur dioxide concentrations are already underway. 

Magnitude 7’s director of environmental health, safety and security, Art Nispel, said the smelter is working quickly to plan and build the 213-foot tower. He anticipates it will be built by the end of 2023. 

Nispel said the cost of building the stack will be a strain on the plant, which nearly shut its doors in early 2020, according to Reuters. Magnitude 7 can’t raise its prices because aluminum values are set by the global market. Nispel said the plant had to lay off 30 or 40 workers because of low aluminum prices. 

“Obviously it will reduce our income,” he said. “But that’s something that we’ve committed to do in order to continue operating and doing what we said we would do, which was from the very beginning, is protecting the environment along with making the metal.” 

But the stack won’t eliminate the sulfur dioxide emissions. It will replace shorter existing stacks that release sulfur dioxide low enough that it gets trapped near the ground. A taller stack will allow the compound to dissipate. 

At a public information meeting earlier this month, one resident asked if that would make the compound another community’s problem downwind. 

But Nicole Weidenbenner, implementation plan unit chief for the state, said sulfur dioxide doesn’t typically travel far.

“So we are not expecting to kick the can down the road and just create a problem elsewhere but solve our local problem,” she said. 

And Leath said if the plan the department has proposed doesn’t bring sulfur dioxide concentrations down enough, there is a contingency plan with further restrictions that will kick in automatically. 

Nispel said Magnitude 7 is concerned about its workers breathing in sulfur dioxide and is “going forward as quickly as we can to put this project in to take care of the issues.” 

Mark Viguet, managing director of corporate communications for Associated Electric Cooperative Inc., said in an email that no construction would be needed at the New Madrid Power Plant to meet the lower sulfur dioxide limit it agreed to under its consent decree with the state. 

“While no additional costs are anticipated under the terms of the consent agreement, Associated Electric has made significant investments since the 1990s to comply with air regulations,” Viguet said. “During that time, more than $1 billion has been spent to significantly improve the air emissions at our power plants, including New Madrid.” 

According to a fact sheet Viguet supplied, the company has cut sulfur dioxide emissions at its plants by 90% since the mid 1990s. 

Its plants also emit a fraction of the nitrogen oxides, the other component of acid rain, that they did in 1994, according to the company. 

The Missouri Air Conservation Commission will meet at 9 a.m. Thursday in Jefferson City and via WebEx. Residents who would like to listen or provide comments can find out more information on the Department of Natural Resources’ website: dnr.mo.gov/calendar.

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President touts student debt relief days ahead of midterm election https://missouriindependent.com/briefs/president-touts-student-debt-relief-days-ahead-of-midterm-election/ Fri, 04 Nov 2022 11:26:17 +0000 https://missouriindependent.com/?p=12996

President Joe Biden speaks about student loan debt relief at Central New Mexico Community College on Nov. 3, 2022 (Sharon Chischilly for Source NM)

President Joe Biden’s appearance at Central New Mexico Community College on Thursday focused on student debt relief and gave the state’s Democratic leaders a chance to boast about new education opportunities offered to students from preschool up to college.

“New Mexico is seen as one of the fastest and maybe the one or two fastest growing, inclusive college enrollment in the nation,” President Biden said.

Biden touted the student loan debt relief website, urging people who make less than $125,000 a year to apply for up to $10,000 to cover student loan debt. He said nearly 16 million Americans and more than 150,000 New Mexicans are set up to have their loans approved. Then he blamed Republicans for stalling the payment process with a lawsuit.

“Republican members of the Congress and Republican governors and doing everything they can including taking us to court to deny relief, and even to their own constituents,” he said. “Their outrage is simply wrong.”

The president stopped by CNM before he took part in a rally for the New Mexico Democratic Party in the South Valley.

CNM students Eva Marr and Candice Clark watched his speech at their school from the front row Thursday as President Biden outlined student debt relief policies they said will alleviate stress once they graduate, as they also help their families through education investments created by New Mexico leaders.

Without the aid, school would not be an option.

“It means the difference of getting an education or not for me,” Clark said. “I would not be in school without it.”

Biden emphasized that his goals when running for president was to increase support for people like Marr and Clark.

“The most important goal was to give middle class families and working class families a fighting chance, they’d been on the short end of the stick for a long time, across the board,” he said. “And that’s why I said whether it’s a tax policy, whether it’s education policy, whatever it is, we’re going to build this economy from the middle out, the bottom up.”

Rep. Melanie Stansbury (D-NM) spoke before Biden and also celebrated the significance of CNM, a place she said she attended for professional development.

“I got my wastewater, OSHA and hazardous waste certifications here at (CNM). I took welding and fire science. And I even took a solar engineering and electronics class,” Stansbury said. “And I don’t want to brag, but I do wire a mean circuit.”

Clark and her husband are recipients of the New Mexico Opportunity Scholarship, a program signed into law in 2020 by Gov. Michelle Lujan Grisham, which covers all educational expenses at CNM and 28 other colleges in New Mexico. The couple has seven kids and the first to graduate in 2023 from high school will also benefit from the scholarship to attend college in the state.

“He’s very much interested in CNM’s Aviation Mechanics Program,” Clark said about her soon-to-be high school graduate.

She’s ecstatic at the idea a third of her household could finish college without significant debt, or even the possibility of getting $10,000 in relief to cover costs under the Biden plan.

“I just want my kids to know, and it’s the whole reason I’m joining college at 39 years old, is that they have opportunities,” Clark said. “I’m a first-generation college student, and when I grew up, it was, ‘do you want to work in the factory in this town? Or do you want to work in the factory in that town?’ That was it for opportunities for me.”

Marr has a child in preschool so she is anticipating these federal and state investments to bridge greater opportunities for her child. She already benefits from free childcare options that allow her daughter to attend school, another state initiative recently passed to subsidize or completely cover costs of childcare services.

A constitutional amendment is on the ballot in New Mexico that could increase funding for early childhood education by $200 million each year.

“My daughter’s in school five days a week, and it’s covered except I pay taxes for it. That stuff can be $2,000 a month for daycare for kids,” Marr said. “It’s amazing. And it has made such a difference. Because really being in school and having a young one, it’s really hard.”

Marr just needs to file her taxes and claim her child to get the aid to pay for child care and preschool.

The requirement for the Opportunity Scholarship means that Marr and Clark must maintain a 2.5 GPA and be enrolled in at least 6 credit hours.

They say the paperwork is seamlessly integrated in their enrollment application and does not require strenuous administrative work. They also say the cost of tuition at CNM is low enough that, mixed with pell grants and other aid, they have extra money to buy food and other necessities for their families.

“Honestly, it’s been a lot easier to work with than the Lottery (Scholarship),” Marr said.

She took a gap year after graduating high school and said that has caused issues with getting the Lottery Scholarship, a state funded program that has funded some college expenses for more than 140,000 students in New Mexico since 1996.

“I still struggled. Some semesters I have (the Lottery Scholarship) some semesters I don’t. Opportunity (Scholarship) has been a lot more stable, and it’s always there,” she said.

Both Marr and Clark were also excited at the attention the president’s visit brought to community colleges because it validates their education experience.

“It shines a spotlight on community college and what we can do here,” Clark said about the visit.

Biden made sure to mention that First Lady Jill Biden teaches at a community college and shares the realities working class students face.

“Some of the students she meets have two or three jobs while going to school, putting it on the table helping the kids with homework, staying up late in their own home,” Biden said. “I’m here today to tell you this student loan relief plan is for them, as they recover from the economic crisis, the pandemic, and pay for their education.”

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Federal government has given $800 million to keep indebted farmers afloat https://missouriindependent.com/2022/10/19/federal-government-has-given-800-million-to-keep-indebted-farmers-afloat/ Wed, 19 Oct 2022 10:45:12 +0000 https://missouriindependent.com/?p=12823

The USDA under Agriculture Secretary Tom Vilsack is expected to give hundreds of millions of dollars of relief to farmers who are facing bankruptcy or foreclosure and to those who are at risk of missing payments on their loans (Jared Strong/Iowa Capital Dispatch).

More than 13,000 farmers have benefited from nearly $800 million in federal debt relief, U.S. Secretary of Agriculture Tom Vilsack said Tuesday.

The assistance came from a new federal initiative to erase farmers’ loan delinquencies to the U.S. Department of Agriculture and private lenders or to resolve their remaining debts after foreclosure.

Going forward, the USDA is expected to give hundreds of millions of dollars of relief to farmers who are facing bankruptcy or foreclosure and to those who are at risk of missing payments on their loans.

“The star of the show here is the farmer,” Vilsack told reporters. “The person that really matters is the farmer, and keeping that farmer, him or her, on the land so that he or she can take care of their family and their community.”

The USDA’s Farm Service Agency gives direct loans to farmers and guarantees loans from banks, credit unions and others to farmers for up to 95% of their value.

The government’s farm loan obligations for its 2022 fiscal year, which ended Sept. 30, totaled about $5.8 billion dollars, according to USDA records. States with the highest obligations included Iowa at about $484 million, Arkansas at $424 million, Oklahoma at $366 million, and Nebraska at $341 million.

Of those with delinquent direct loans, the average farmer who has failed to make regular payments for at least two months received about $52,000 under a “distressed borrowers” initiative, which is funded with more than $3 billion by the Inflation Reduction Act. That eliminated their delinquencies.

For those with government-backed loans from private entities, the average benefit was about $172,000.

The total number of farmers in the two categories was about 11,000.

For those with direct loans who went bankrupt and still owed money — about 2,100 borrowers — the average benefit was about $101,000. Vilsack said those bankruptcies happened at least a year ago but did not say how long ago they might have occurred.

States with farmers who received among the most relief included Oklahoma and Texas, Vilsack said, whereas farmers in the northeastern states of Connecticut, Delaware and Rhode Island received among the least. Those northeastern states had a combined total of federal farm loan obligations of just $11 million during the 2022 fiscal year, USDA records show.

“Virtually every state in the country has a borrower or several borrowers or groups of borrowers that are impacted by this,” he said. “I think you’re probably talking about some very, very small operators, and you’re probably talking about a few that would be considered to be mid- or large-sized operators. So it’s across the board.”

The debt relief initiative is the subject of a new lawsuit by non-white farmers who claim that the government improperly reneged on its plans to forgive loan debts of “socially disadvantaged” farmers, which was part of the American Rescue Plan of 2021. That initial version of the plan was challenged by lawsuits that claimed it was discriminatory.

The Inflation Reduction Act of 2022 amended the debt relief program to eliminate its prescribed goal to help Asian, Black, Hispanic and Native American farmers. Vilsack described the farmers who have been aided by the amended initiative as those who “couldn’t get credit anywhere else.”

The USDA suspended its foreclosures of direct loans in January 2021 because of the coronavirus pandemic, which was especially tough on livestock producers. Meatpacker closures because of the virus abruptly choked demand for the animals and led, in some cases, to mass euthanasia. The supply costs for farmers has also soared, notably for fertilizers.

This story was originally published by the Iowa Capital Dispatch, a States Newsroom affiliate. 

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Four things to watch for at the upcoming Jan. 6 hearing https://missouriindependent.com/2022/10/13/four-things-to-watch-for-at-the-upcoming-jan-6-hearing/ Thu, 13 Oct 2022 10:55:05 +0000 https://missouriindependent.com/?p=12762

A rioter holds a Trump flag inside the US Capitol Building near the Senate Chamber on Jan. 6, 2021 in Washington, DC. (Win McNamee/Getty Images).

The U.S. House committee investigating a pro-Trump mob’s attack on the Capitol on Jan. 6, 2021, is back. It will hold its first hearing in nearly three months Thursday—and potentially its last.

In a break from most of the panel’s previous eight hearings in June and July, Thursday’s meeting will not drill down into one specific aspect of the attack. Lawmakers will instead provide an overview of the “multipart plan” by former President Donald Trump and his allies to subvert the 2020 election results, committee aides told reporters Wednesday.

The committee will present new evidence, but will also synthesize findings presented at earlier hearings. No live witnesses will appear Thursday. Taped interviews will be shown.

In another change to the format the committee has employed for most of its public hearings, all of the committee’s nine members are expected to participate Thursday.

Members include Democrats Stephanie Murphy of Florida, who is retiring at the end of this term; Jamie Raskin of Maryland; and Elaine Luria of Virginia, who is in a competitive reelection race.

The panel’s two Republicans, Liz Cheney of Wyoming and Adam Kinzinger of Illinois, are both leaving Congress at the end of their terms. Cheney lost reelection in her August primary and Kinzinger is retiring after his district lines were reset.

The hearing, which will be livestreamed, is likely the final public meeting for the panel ahead of next month’s mid-term elections.

Here are four things to watch for, starting at 1 p.m. Eastern:

Many Secret Service texts

The committee will present new documentary evidence, including from information gleaned from hundreds of thousands of pages the U.S. Secret Service provided to the panel under a July subpoena, committee aides said Wednesday.

In mid-July, the panel demanded text messages and other Secret Service records related to the attack and a Jan. 5 pro-Trump rally.

The subpoena closely followed perhaps the most staggering of the committee’s first eight hearings, in which Cassidy Hutchinson, a former aide to White House Chief of Staff Mark Meadows, told the panel that Secret Service agents witnessed Trump outbursts.

One episode included Trump grabbing for the steering wheel in a rage when agents began taking him back to the White House instead of the Capitol.

What did Trump know?

Thursday’s hearing will also focus on “the former president’s state of mind,” a committee aide said Wednesday.

The panel will reveal new evidence and will use findings it has previously shown to document how central Trump was to the planning and execution of the attack.

The Washington Post reported Wednesday that the Secret Service records would show Trump was aware of the threats his supporters posed and still moved to rile them up.

Previous hearings have explored Trump’s hold over his supporters and his foreknowledge of potential plans to incite violence.

Ongoing threats to democracy

Among the panel’s roles under the House resolution that created it was to provide recommendations to prevent future attacks and block other threats to U.S. elections.

Members on Thursday will lay out “ongoing threats to democracy that persist to this day,” a committee aide said.

The aide did not provide more specifics.

Many Republicans running in races across the country this fall have repeated the false claim—raised by Trump and used as the pretext for the Capitol attack—that the 2020 election was stolen and that Trump would have rightly won. There is no evidence to back that claim.

A closing argument?

Thursday’s hearing could be the committee’s last.

Although committee aides told reporters Wednesday that the panel would publish a report before it adjourns at the end of the year, the committee has not scheduled another hearing.

Thursday’s has some trappings of a closing presentation, with all members likely to speak and a more generalized narrative than a particular focus.

That includes the expectation that lawmakers will present a broader view of the “multipart plan to overturn the 2020 presidential election” rather than any particular piece of it, committee aides said.

That mirrors the panel’s opening prime time hearing, when committee members laid out an overview of what they would present over the coming weeks.

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The fight for a living wage in Kansas City no longer stops at $15 an hour https://missouriindependent.com/2022/09/23/the-fight-for-a-living-wage-in-kansas-city-no-longer-stops-at-15-an-hour/ Fri, 23 Sep 2022 11:45:16 +0000 https://missouriindependent.com/?p=12549

Members of Stand Up KC, an organization of fast-food and retail workers advocating for their rights, supported the employee walkout at the Taco Bell on Wornall Road on Sept. 1. The organization has been fighting to increase the minimum wage (Dominick Williams/ The Beacon).

This story was originally published by the Kansas City Beacon.

For years, Kansas City workers and organizers have fought to increase the city’s minimum wage to $15 an hour. The demand was front and center recently when workers at the Taco Bell fast-food restaurant on Wornall Road in Kansas City’s Waldo neighborhood held a walkout over claims of poor working conditions and low wages.

“We have to drive cars that are constantly on the verge of breaking down or take the bus or Ubers while we are making other people enough to drive Ferraris and Porsches,” said Fran Marion, one of the workers who spoke at a rally in front of the restaurant.

“Some of the workers up here are even working two jobs just to be able to make ends meet,” said Marion, who is affiliated with the group Stand Up KC, which advocates for higher wages and workers’ right to unionize.

The current minimum wage in Missouri is $11.15 an hour. However, the living wage  —  the income a single worker requires to meet basic needs for a family of up to three children  —  is $17.19 in Jackson County, according to a living wage calculator from the Massachusetts Institute of Technology.

Local elections have shown that majorities of voters in Kansas City and Missouri support increasing the minimum wage. But state lawmakers have balked at doing so, contending the increases would burden businesses. Republican legislators have rolled back minimum-wage increases in St. Louis and Kansas City and threatened to overturn the will of voters at the state level.

Wages don’t match the cost of living

Over the decades, real wages  —  meaning wages accounting for inflation  —  have not increased significantly in comparison to the cost of living. The current value of the federally mandated minimum wage, $7.25 an hour, is at its lowest real-dollar level since the 1950s, according to the Economic Policy Institute.

Another group, the Center For Economic Policy Research, has calculated that if the federal minimum wage had increased in line with inflation, it would now be $21.50 an hour.

The cost of living is increasing significantly. This summer saw a hike in gas prices, as well as shortages in affordable housing. In a sign of soaring living expenses, the Kansas City Council recently passed an ordinance defining affordability for a one-bedroom at nearly $1,200, while getting rid of the requirement to make 10% of apartments extremely affordable for households earning 30% of the area median income.

“Workers are being squeezed in both directions,” said Sirisha Naidu, associate professor of economics at the University of Missouri-Kansas City.

“Wages were not sufficient even before to cover basic expenses,” Naidu said. “But now with rents increasing, this unaffordability of living in a city like Kansas City is becoming worse.”

Fran Marion, who makes $16 an hour as an opening shift manager at Taco Bell, still finds herself living paycheck to paycheck.

“Just recently I was out of town and I got a notice that I owe the landlord $65.22  and that if we didn’t pay, we would have to be out in three days,” she said.

“For some people $65 may seem like nothing. But for me, five hours of work —  that’s the difference between keeping a roof over my family’s head or being out in the street.”

Missouri lawmakers oppose KC increase

The recent history of attempts to raise the minimum wage in Missouri is a story of some small steps forward and some large steps backward.

In 2018, Missouri voters approved Proposition B, increasing the state’s minimum wage by 85 cents a year until it reaches $12 in 2023.

In Kansas City, however, voters have pushed to raise the city’s minimum wage to $15 an hour.

The City Council in 2015 passed an ordinance to raise the minimum wage to $13 an hour. The ordinance sat in court for two years, with the city’s minimum wage finally being increased to $10 an hour in 2017.

That same year, the Missouri legislature passed a preemption law, which dictates that state laws supersede laws and ordinances passed by local governments. The 2017 law specifically banned the approval of a minimum wage higher than the state’s  — thereby nullifying higher increases passed in Kansas City and St. Louis.

Missouri Gov. Mike Parson has pushed for a $15-an-hour minimum wage for state workers, but even that proposal was blocked by Republicans in the state Senate.

Lawmakers and others worry that even modest minimum-wage increases will increase the cost of business and production. But Naidu said studies show that livable wages can boost  the economy.

“In fact, increasing the minimum wage and allowing workers to have a decent living is beneficial to the city, and perhaps the state,” she said.

Better wages allow workers to spend money in the local economy, Naidu pointed out.

“As much as it might be a cost for businesses, it’s also potential purchasing power,” she said. “So you might pay someone higher, and they might come back to your business and spend much more than they used to, if they had lower wages.”

Raising the minimum wage would likely result in a more productive, healthier workforce, Naidu added.

“It also comes down to what kind of society we want,” she said.

A fight for dignity 

At the Taco Bell rally, workers in Kansas City supported the Fast Food Accountability and Standards Recovery Act, which recently was signed into law by Gov. Gavin Newsom of California. The law creates a statewide council, including workers, that will help set wages up to $22 an hour and improve conditions for fast-food workers in the state.

The law was opposed by the National Restaurant Association and other groups, which warn it could be replicated by other states and harm businesses.

The chances of a California-style law or a $22-an-hour minimum wage goal clearing the Missouri legislature seem remote. But workers and groups like Stand Up KC said they would continue the fight to get rid of preemption laws and increase wages in Kansas City.

“Wages represent sort of an economic element, but I think it also goes to this issue of dignity,” Naidu said. “You are saying something about what that person is worth, you’re saying that you are not worth a decent living. What people are trying to fight for is a better life and dignity.”

This story was originally published by The Kansas City Beacon, an online news outlet focused on local, in-depth journalism in the public interest.

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Missouri lawmakers push ahead on tax cuts, rural credits in special session https://missouriindependent.com/2022/09/21/missouri-lawmakers-push-ahead-on-tax-cuts-rural-credits-in-special-session/ Wed, 21 Sep 2022 20:12:36 +0000 https://missouriindependent.com/?p=12530

Missouri Senate Majority Leader Caleb Rowden, right, speaks during a news conference Wednesday following passage of tax cut and rural economic incentives bills while Senate President Pro Tem Dave Schatz, left, and Sen. Lincoln Hough look on (Rudi Keller/Missouri Independent).

Missouri lawmakers are moving swiftly to complete the special session agenda set by Gov. Mike Parson, with both the House and Senate passing incentives for farms and rural businesses and the Senate finishing work on a tax cut.

Only one thing hasn’t gone the way Parson and legislative leaders hoped. While the Missouri House was able to muster just enough votes to pass the $40 million package of tax credits and low-interest loans intended to support agriculture, it fell short of the number needed for the bill to take effect with Parson’s signature.

The Missouri Constitution requires an absolute majority of the 163-seat House, or 82 votes, to pass a bill and the rural incentives bill got 83. To take effect immediately requires an emergency clause and 109 votes, two-thirds of the chamber. 

Only 94 members voted for the emergency clause.

That is a change from the regular session, when the House provided 111 votes to pass the bill and 120 votes for the emergency clause. Parson vetoed that bill because he disliked the two-year sunset for the programs and asked lawmakers to pass it again with a six-year sunset.

The vote came after a debate where some Republicans and Democrats questioned the need for addressing the rural programs in a special session.

State Rep. Tony Lovasco, R-O’Fallon, said the bill will not rescue any farmers or save any struggling agriculture-related business. 

“The reality is that this is not some industry that is going to fall hard if we don’t do anything,” Lovasco said.

And state Rep. Peter Merideth, D-St. Louis, said he was worried about what he didn’t know about the bill. He said members on the Republican side had whispered to him that the bill is “full of grift and corruption” and he was uncertain how the new credits would be used.

“I don’t know who this benefits and who it doesn’t but when I see it move through the process like it did I wonder if they are right,” Meredith said.

Defenders of the bill noted that many of the programs are only being renewed, with some small changes.

The bill includes tax credits for fuel retailers to increase the sale of biofuels and loans for livestock producers to expand herds and for producers growing specialty crops such as fruits, vegetables and flowers. It would also provide tax credits to support urban farming and meat processing and a sales tax exemption for utility vehicles purchased for farm use.

“This bill has been an accumulation of everything the farmers, the ranchers and the forest people have asked for,” said Rep. Don Rone, R-Portageville.

While the House debated the rural incentives bill, the Senate was taking final votes on the income tax cut, which passed 24-4, and its rural incentives bill, which passed 26-4.

The tax cut would set the top tax rate for 2023 at 4.95% and, over time, reduce it to 4.5%. When fully implemented, it will reduce annual state revenue by about $950 million, said Sen. Lincoln Hough, a Springfield Republican sponsoring the bill.

The state took in $12.9 billion in general revenue from income, sales and other taxes in the fiscal year that ended June 30, and the treasury holds a general revenue surplus of about $4.4 billion. 

Senate Republican leaders said they anticipate the surplus will be consumed in coming years but defended the tax cut as fiscally responsible. There will be money for priority programs such as education and child protection, they said.

“I don’t anticipate that we’re going to have this plethora of money we’ve had right now into the future,” Senate President Pro Tem Dave Schatz said. “We are not putting a future legislature in danger of not being able to take care of those issues.”

The tax bill is easy-to-understand and lawmakers are not making wholesale changes in tax policy, Senate Majority Leader Caleb Rowden, R-Columbia, said.

“We did some good things in this bill but we did not upend the way things normally function,” Rowden said.

But Senate Minority Leader John Rizzo, D-Independence, said he was concerned about future budgets. Rizzo said he voted for the bill because it is less onerous than some other ideas discussed during the session but indicated he’s not as confident the state can avoid funding shortfalls.

“We are going to be vigilant in the future and push that $4 billion to places where it should go,” Rizzo said of the surplus.

If Republicans seek additional tax cuts in the future, he said, Democrats will push for the relief to go to low- and middle-income taxpayers.

“Democrats are here to fight for working families, not help corporate CEOs with their second mansion,” Rizzo said.

The special session will wrap up in the coming days. The House will hold committee hearings on the Senate bills next week.

The Senate will return after House action on the Senate bills, Rowden said.

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Gov. Mike Parson issues drought alert for almost half of Missouri counties https://missouriindependent.com/2022/07/21/gov-mike-parson-issues-drought-alert-for-almost-half-of-missouri-counties/ Thu, 21 Jul 2022 20:24:41 +0000 https://missouriindependent.com/?p=11805

Gov. Mike Parson takes questions at a news conference earlier this month. On Thursday, he issued drought alerts in 53 of Missouri's 115 counties (screenshot).

Missouri Gov. Mike Parson issued drought alerts in nearly half of Missouri counties Thursday, where exceptional heat and lack of rain threaten the state’s farmers and ranchers. 

“Unfortunately, we don’t anticipate conditions improving soon,” Parson said in a news conference

Fifty-three counties along or south of the Missouri River are affected by the alert. About three-quarters of the state is in at least a mild drought, and more than 30% is in a severe drought. 

Chris Chinn, director of the Missouri Department of Agriculture, said some ranchers have been forced to cull their herds or start feeding them hay in areas where there’s no grass left. Normally ranchers let their cattle graze until the fall before switching them to hay. Parson, a cattle rancher, said it’s always a problem when ranchers have to start feeding hay in the summer. 

“As a farmer myself, I know the heartache drought can bring, especially in the middle of July,” Parson said.

He said the problem won’t end right away when the state gets rain. Farmers and ranchers will continue to deal with fallout from the drought through the fall and winter. 

Parson’s drought alert directs state agencies to examine how they can help affected communities and orders the Missouri Department of Natural Resources to encourage citizens to report conditions in their area. 

Parson said natural resources and conservation officials are working to provide farmers access to water from state parks and conservation areas. They are also working to identify land where they may be able to bale hay. The Missouri Department of Transportation will waive regulations and fees for hay haulers. 

Congress’ bipartisan infrastructure bill also included funds to address wildfires, drought and flooding. 

Parson was joined by Chinn, Missouri Department of Natural Resources Director Dru Buntin and Missouri Department of Conservation Director Sara Parker Pauley.

Chinn said the department doesn’t have a precise figure on how many farmers are being affected. 

“Over half of our state is going to be covered in this drought…We've got 95,000 farms in the state of Missouri,” Chinn said. “So this is going to have a big impact on the agriculture community.”

Asked whether he expected worsening drought and flood patterns because of global climate change, Buntin didn’t answer directly. 

“We had a significant drought in 2012; we had another significant drought in 2018,” Buntin said. “We have not been standing idle in response to those. We’ve been proactively planning about what things can we put into place that will make these impacts lessen in the future?” 

Two years ago, the state agriculture department was asked by KSMU what it was doing to offset the impact of climate change on agriculture. The department said at the time that no one was working on climate change issues, which were “outside of the scope of issues and responsibilities our team members cover.”

Counties under drought alert are as follows: Barry, Barton, Boone, Butler, Camden, Carter, Cedar, Christian, Cole, Cooper, Crawford, Dade, Dallas, Dent, Douglas, Gasconade, Greene, Hickory, Howard, Howell, Iron, Jackson, Jasper, Johnson, Laclede, Lafayette, Lawrence, Maries, McDonald, Miller, Mississippi, Moniteau, New Madrid, Newton, Oregon, Ozark, Pemiscot, Pettis, Phelps, Polk, Pulaski, Reynolds, Ripley, Saline, Scott, Shannon, Stoddard, Stone, Taney, Texas, Wayne, Webster, and Wright.

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Demise of Roe v. Wade adds gravity to Kansas’ vote on abortion constitutional amendment https://missouriindependent.com/2022/06/24/demise-of-roe-v-wade-adds-gravity-to-kansas-vote-on-abortion-constitutional-amendment/ Fri, 24 Jun 2022 19:21:21 +0000 https://missouriindependent.com/?p=11465

The Supreme Court ruling overturning Roe v. Wade has raised the stakes for a vote in August in Kansas on a constitutional amendment removing a woman’s right to terminate a pregnancy (Noah Taborda/Kansas Reflector).

TOPEKA, Kansas — The U.S. Supreme Court’s decision Friday striking down the landmark Roe v. Wade decision legalizing abortion nationwide resonates deeply in Kansas where a proposed constitutional amendment on the August ballot could set the stage for a wave of new abortion restrictions in the state.

Kansas Gov. Laura Kelly, a Democrat campaigning for reelection in 2022, said the 6-3 decision by the nation’s highest court would have no immediate impact in Kansas given a Kansas Supreme Court opinion two years ago that said a constitutional right to abortion existed in the state’s Bill of Rights.

“But anybody who’s been alive in Kansas in the last six months knows that we have an amendment on the primary ballot that would essentially overturn the (state) Supreme Court ruling and say that women’s reproductive rights are not protected under the constitution,” Kelly said.

If the state constitutional amendment passed, Kelly said, the Republican-led Legislature would likely attempt to impose more stringent restrictions on women’s health care.

“If people in the state of Kansas vote no on that amendment, then the status quo will remain. And women’s reproductive rights will remain constitutional here in the state of Kansas,” Kelly said.

The decision by the U.S. Supreme Court held special significance in Kansas because the state’s voters head to the polls Aug. 2 to consider an abortion amendment to the Kansas Constitution. The amendment would reverse the state Supreme Court decision in 2019 that declared a right to bodily autonomy in the state’s Bill of Rights included a woman’s right to decide whether to carry a pregnancy to term.

Under the state Supreme Court’s decision, Kansans retained that right even if Roe v. Wade was struck down by the U.S. Supreme Court. Passage of the “Value Them Both” amendment to the Kansas Constitution would nullify the state Supreme Court’s interpretation of constitutional rights to private health decisions and open the door to a ban or additional limitations on the procedure in Kansas.

The proposed Kansas amendment included no exemption for pregnancies occurring as result of rape or incest or to save the life of the pregnant woman. However, it wouldn’t preclude the legislative and executive branches of state government from embracing those exceptions in Kansas law.

The vote will have an impact on Missouri, where restrictive abortion laws have resulted in only 167 abortions being performed in the state in 2020. Meanwhile, 3,200 Missourians travelled to Kansas that year for an abortion and more than 6,000 to Illinois.

A coalition of anti-abortion, church and political organizations supporting the amendment claimed the state Supreme Court decision triggered an influx of out-of-state residents seeking abortions in Kansas. That perspective ignored consequences of profound abortion restrictions adopted in Texas and Oklahoma that pushed to other states women seeking reproductive health services.

“Kansas medical professionals are concerned about our state becoming a permanent destination state for painful dismemberment abortions,” said Mackenzie Haddix, who works with the pro-amendment coalition.

The Susan B. Anthony national pro-life group invested $1.3 million in Kansas to promote passage of the abortion amendment.

On the opposite side of the amendment debate, the bipartisan Kansans for Constitutional Freedom began airing television advertisements to encourage voters to choose “no” on the ballot measure. A simple majority of people participating in that statewide vote determine fate of the constitution amendment.

“On August 2nd, Kansas will vote on whether to eliminate Kansans’ freedom to make private medical decisions without political interference,” said Ashley All, spokesperson for Kansans for Constitutional Freedom. “The constitutional amendment on the primary ballot will mandate government control over our private medical decisions and pave the way for a total ban on abortion. We ask Kansans to vote no.”

The coalition’s first commercial warned passage of the amendment would grant politicians power to pass any law regarding abortion, including a total ban without exceptions. Another ad pointed to the oath taken by physicians to “do no harm,” and issues raised when politicians in Topeka would assume authority for medical decisions.

“If this amendment passes, there will be nothing to prevent politicians from banning abortion outright,” All said. “One legislator already introduced a bill that completely bans abortion, makes it a felony to receive or perform an abortion, and provides no real exception to save a woman’s life.”

In Kansas, seven of 10 abortions in Kansas occurred prior to nine weeks of pregnancy and 90% prior to 12 weeks of pregnancy. State law prohibits abortions after 22 weeks. There have been no “post-viability” abortions in Kansas since 2018. Government funding of abortion has been outlawed in Kansas.

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Missouri governor to sign compromise legislation after efforts to stymie Grain Belt Express https://missouriindependent.com/2022/06/08/missouri-governor-to-sign-compromise-legislation-after-efforts-to-stymie-grain-belt-express/ Wed, 08 Jun 2022 21:50:09 +0000 https://missouriindependent.com/?p=11250

Missouri Gov. Mike Parson plans to sign legislation increasing compensation for farmers whose land is used to build electrical transmission lines. Previous versions of the legislation targeted the Grain Belt Express.

Gov. Mike Parson plans to sign legislation requiring electrical transmission line developers to pay farmers more for easements on their land, his office announced Wednesday.

Parson will be in Sedalia Saturday for a Missouri Cattlemen’s Association steak fry and plans to sign the legislation, requiring that landowners be paid 150% of fair market value for land taken through eminent domain for electrical transmission projects. 

For years, Republican legislators sought hard-line eminent domain legislation that would have killed the Grain Belt Express, a high-voltage line planned for northern Missouri. This year, those proposals gave way to a compromise bill.

Chicago-based Invenergy has been working for years to develop the 4,000 megawatt transmission line which is expected to carry clean energy from southwest Kansas across Missouri and Illinois, ending at the Indiana border.

To do so, Invenergy needs easements on landowners’ property across northern Missouri. It has obtained thousands of parcels through negotiations with landowners. But in the event landowners refuse to sell, it can take property through eminent domain and compensate them. 

Previous versions of the legislation would have required that electrical transmission lines first get approval from county commissions in the counties they will pass through. Given that county commissioners in some of the eight counties Grain Belt will transect opposed the project, that legislation was seen as an effort to kill it.

Aside from increasing the amount of money transmission lines would have to pay, the bill would require that developers start construction within seven years of getting easements. Otherwise their rights to the property would expire. 

It would also require that court-appointed commissions tasked with determining the fair market value of a farmer’s land during eminent domain proceedings include a farmer who has lived in the area for at least a decade. 

Previous versions of the bill would have required that at least 50% of power carried by a transmission line be dropped off for use by Missouri ratepayers. The compromise version would require that an amount of power proportional to the length of the line through Missouri be made available to residents. 

Legislation targeting Grain Belt has typically found support among agricultural groups, county commissioners and landowners reluctant to agree to an easement on their land. They argue Grain Belt uses the power of eminent domain to build the line for profit with no benefit to Missourians. 

Environmental groups and local power utilities opposed previous versions of the bill. Some said it unfairly targeted clean energy as opposed to natural gas pipelines that can take land through eminent domain.

Dozens of municipal utilities in Missouri have signed agreements to purchase power carried on the Grain Belt Express line.  

Missouri Rep. Mike Haffner, R-Pleasant Hill, sponsored the legislation. 

It passed the House 111-32 with some members absent. Every Republican present and 10 Democrats voted for it. In the Senate, it passed 19-10 on a party-line vote.

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Missouri legislators weaken regulations for hazardous waste, ‘advanced recycling’ https://missouriindependent.com/2022/05/13/missouri-legislators-weaken-regulations-for-hazardous-waste-advanced-recycling/ Fri, 13 May 2022 18:46:03 +0000 https://missouriindependent.com/?p=10953

A bill eliminating solid waste permit requirements for "advanced recycling" facilities is headed to Gov. Mike Parson's desk (Getty Images)

Legislation weakening Missouri’s hazardous waste regulations and opening the door for “advanced recycling” will soon be on Gov. Mike Parson’s desk. 

With just hours left before Friday’s mandated end to the Missouri legislative session, the House took up and passed a bill stuck in conference committee negotiations that was vehemently opposed by environmentalists and pushed by business groups and the plastics industry.

The legislation would bar Missouri from enacting hazardous waste rules that are any stricter than federal regulation, a provision that Senate Democrats filibustered for hours earlier in the session. 

It would also allow advanced — or chemical — recycling facilities to operate without a solid waste permit. Critics worry the two policies will leave Missourians more vulnerable to being exposed to dangerous chemicals.

“I’m very very disappointed to see this dangerous bill pass at the 11th hour,” said Sen. Jill Schupp, D-Creve Coeur.

Rep. Jeff Knight, R-Lebanon sponsored the legislation in the House and lauded passage of the advanced recycling bill.

“Anytime you can reduce regulations to invite some new industries into your state, I think you’re heading in the right direction,” he said.

The bill began in the House with only the advanced recycling language. Advanced recycling breaks down hard-to-recycle plastics, like films and wrappers that can’t be processed mechanically. The hope is to increase the dismal rate of plastic recycling — less than 10% — and ease the burden on landfills. 

Chemical industry and business groups say it’s a solution to the plastic crisis caused by decades of rampant production of single-use plastic products. But environmentalists say they’re “greenwashing” a process that, in practice, primarily serves to create more fossil fuels and can release toxic chemicals.

Wes Robinson, senior director of state affairs for the American Chemistry Council, applauded passage of the bill in a statement.

“This legislation will foster high quality jobs and increase plastics recycling in the state, a positive step for the state’s economy and environment,” Robinson said.

Michael Berg, a lobbyist for the Missouri chapter of the Sierra Club, said the bill “just weakens protections” from a dangerous industry.

“If a company cannot abide by the solid waste disposal requirements, they should not be trusted to set up a facility to do this complicated and potentially very dangerous procedure,” Berg said. 

He said failure is the norm, not the exception, for the industry and while chemical recycling, done right, could be part of the solution to the plastic crisis, it doesn’t solve the problem on its own.

“The solution to the plastics crisis is to produce less plastic,” Berg said. 

When the Senate took up the bill, it added another provision sponsored by Sen. Eric Burlison, R-Battlefield, who has said businesses in his district are frightened of an overzealous Missouri Department of Natural Resources enforcing unnecessary regulations to the detriment of business. 

The bill, backed by several trade groups, mirrors complaints about DNR made by employees of the family business of Barry Orscheln, chair of the Missouri Conservation Commission and Parson’s conservationist of the year.

Burlison said in committee discussions over a predecessor bill that tourist caves in his southwest Missouri district had suffered because of DNR’S enforcement. He said Friday that he was “very pleased” the bill had passed and noted Missouri gets federal money to enforce standards by the Environmental Protection Agency.

“To go beyond what they’re asking us to do, to be more strict than the federal government, is crazy when we know that being more strict has an economic impact on the businesses in our community,” Burlison said. 

When the Senate passed the bill, the House requested an opportunity to work out differences in a conference committee that never met in its entirety. Without the conference discussion and with the Senate’s decision to adjourn early for the year, Schupp said she thought the bill was dead. 

“This is why we filibustered because we believe strongly that the people of Missouri want to make sure that our natural resources are protected,” Schupp said. 

She added that Democrats in the Senate stood against the legislation that would “put into place special laws for special groups of people…who want to be deregulated so that they aren’t held responsible for pollution.” 

Burlison said the conference committee was established to assuage Schupp who was then “not reasonable” about her opposition to the bill. He said the House sponsor, Knight, was left with no choice but to move forward with a House vote on the Senate version of the bill.

Berg decried the House passage of Burlison’s hazardous waste legislation given that it never received a floor debate before being passed in a matter of minutes on Friday. He called the move “totally undemocratic.”

“How about when you are weakening protections for Missourians, you err on the side of caution and let’s revisit this next year?” Berg said.

The Independent’s Tessa Weinberg contributed to this story. 

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‘More acts of kindness’: Busch Valentine sees Senate race as a chance to heal divisions https://missouriindependent.com/2022/04/14/more-acts-of-kindness-busch-valentine-sees-senate-race-as-a-chance-to-heal-divisions/ Thu, 14 Apr 2022 16:16:28 +0000 https://missouriindependent.com/?p=10621

Trudy Busch Valentine announced a run in the Democratic primary for U.S. Senate on March 29, 2022 (submitted photo).

Trudy Busch Valentine says she sought advice from a lot of people before she decided last month to jump into politics by running for Missouri’s open U.S. Senate seat. 

But what sealed the deal, she said in an interview Wednesday, was a conversation with women Democratic U.S. senators, including Tammy Duckworth of Illinois.

“When I got off the phone with them, that’s when I really felt I could do this,” Valentine said. “Because I care about people the same way they do. And I care about the issues that people are facing.”

Valentine, 64, is one of 11 candidates seeking the Democratic nomination to replace retiring U.S. Sen. Roy Blunt. 

An heiress to the Anheuser-Busch family fortune, her decision to enter the race just before filing closed last month turned the campaign on its head by raising the specter of Democrats being able to field a candidate who could match Republican spending out of her own pocket. 

Valentine, a registered nurse, is a member of the family that owned a majority stake in Anheuser-Busch until the brewing company was sold to InBev in 2008 for $52 billion. Forbes magazine in 2020 listed the family’s wealth at $17.6 billion, the 16th largest family fortune in the nation.

How much of that is her personal wealth is uncertain. 

In her interview with The Independent, Valentine was clear she plans to help finance her campaign, though she wasn’t ready to lay out specifics.   

“I was raised by parents who lived the American dream, and I was taught to be independent and serve others,” she said. “And I’m running for the Senate because I want everybody to live their American dream. And I’m investing in my campaign because it’s that important to me.”

Her campaign message, Valentine said, will focus on the need to fix a broken political system that she believes is leaving too many Missourians “struggling to afford basic necessities.”

“We need more acts of kindness,” she said, “and less division.”

While she may be best known for her family’s business, Valentine is hoping voters will focus on her years as a registered nurse. She said volunteering at a St. Louis hospital when she was 13 “sparked a lifelong passion for nursing and a commitment to service.” 

“Nursing has truly connected me with people,” she said. “And so, you know, my entire life, I worked to help and care for people, to give back to my community and to treat others with respect.”

Valentine was married to John Dee Valentine until his death from cancer in 2002. She has six children and eight grandchildren. Her son Matthew died of an opioid overdose in 2020.

“I know the pain that the opioid epidemic has brought to Missouri,” she said, “and I’m ready to fight for real solutions.”

Asked where she may differ from her party, Valentine pointed to the idea of “defunding the police.”

“I think defunding the police is totally wrong,” she said, “because we need to be funding the police with the money and training they need to keep all of us safe.”

Democrats have had a difficult time in Missouri over the past decade, winning just one statewide contest since 2012. But they increasingly see the U.S. Senate race as winnable.

That’s especially true, they believe, if Republicans nominate former Missouri Gov. Eric Greitens, who resigned from office in 2018 amid multiple scandals and has recently been accused of domestic violence by his ex-wife.

Before Valentine entered the race, Marine veteran Lucas Kunce was seen as the frontrunner for the Democratic nomination. He has thus far vastly out-raised his Democratic rivals — and a few Republicans as well — with an anti-corporate, anti-establishment message that slams both political parties as too beholden to corporations and Wall Street.

He has vowed to reconnect with working–class voters who have felt abandoned by the Democratic Party, and in a previous interview with The Independent said he’d take on “massive corporations and elites who are buying off our politicians and encouraging them to make decisions that work for the people at the top and strip our communities for parts.”

So far, Valentine has voiced a far less populist message, emphasizing that she believes Missourians of all political stripes can work together and “treat each other with respect, honesty and integrity.”

“People in Missouri can always count on me to lead with those values,” she said. “I think that’s what’s really missing in politics.”

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Company stopped for hauling Missouri marijuana funds across Kansas settles federal suit https://missouriindependent.com/2022/04/14/company-missouri-marijuana-kansas-federal-suit/ Thu, 14 Apr 2022 16:15:42 +0000 https://missouriindependent.com/?p=10622

Empyreal’s armored vehicle, which was carrying $165,000 in cash from marijuana dispensaries in Missouri, was stopped May 18, 2021, at this exit on I-70 as it headed for Colorado. The company settled a federal suit but litigation relating to Kansas remains ongoing according (Duane Schrag for Kansas Reflector).

TOPEKA, Kansas — The U.S. Department of Justice agreed Wednesday to return all cash seized from an armored car company used by legal marijuana dispensaries during several traffic stops in California last year.

The California seizures occurred based on what authorities learned in Kansas during a May traffic stop of an Empyreal Logistics car. Conversations between state and federal law enforcement agencies stemming from this stop resulted in a series of events in which Kansas and California officers seized more than $1.2 million.

Soon after, the company filed a federal lawsuit detailing how a sheriff’s deputy in Dickinson County stopped one of their vehicles transporting cash from licensed marijuana dispensaries to banks and credit unions, seizing more than $165,000 on Interstate 70. In response, the U.S. Attorney’s Office in Kansas filed a civil forfeiture action against Empyreal, asserting that the cash was connected to sales in violation of the Controlled Substances Act.

A firm representing Empyreal announced Wednesday the DOJ had agreed to return all funds seized by the San Bernardino County Sheriff —approximately $1.1 million — in exchange for dropping the lawsuit.  However, according to the firm representing Empyreal in the federal suit, the settlement does not address the San Bernardino sheriff or the case in Kansas.

“Empyreal has always viewed ourselves as a partner to financial institutions and law enforcement,” said Empyreal CEO Deirdra O’Gorman. “Our service increases transparency and makes communities safer. Empyreal is committed to continuing our mission of working with financial institutions and their state-legal business customers.”

Empyreal operates in 28 states and provides cash logistics solutions, including secure delivery between businesses such as state-licensed cannabis operations and financial institutions. The company never transports cannabis products.

The lawsuit alleged Dickinson County Sheriff’s Deputy Kalen Robinson pulled over a transit van heading east on the interstate because the license plate tag was partially obscured. After a conversation with a Drug Enforcement Administration agent, Robinson told the Empyreal driver she was free to go.

As the van headed back to Colorado the next day after picking up cash from Missouri dispensaries, Robinson pulled over the van. During the three-hour stop, the sheriff’s office seized five bags of cash that totaled $165,855, according to the offense report filed in connection with the case.

Empyreal said no traffic citations were issued to their drivers during any of the five stops mentioned in its complaint. However, in the lawsuit, the company said it has been forced to stop transporting cash through Kansas because of the seizures.

Their attorneys argued the stop occurring in Kansas was of no consequence, even if the state has not legalized any form of marijuana use, because it harms legally operating cannabis businesses.

“Empyreal was operating legally under California law, but with current federal civil forfeiture laws, even compliant businesses can be targeted,” said IJ Senior Attorney Dan Alban of the now settled federal case. “Returning this money is the right thing to do.”

Federal law prohibits the U.S. Department of Justice from spending money to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.”

The prohibition, known as the Rohrabacher–Farr Amendment, became law in 2014 and must be renewed every year. It remains in effect.

This story was originally published by the Kansas Reflector, a States Newsroom affiliate.

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Lincoln University to see a bipartisan push for equitable land-grant funding in state budget https://missouriindependent.com/2022/03/28/lincoln-university-to-see-a-bipartisan-push-for-equitable-land-grant-funding-in-state-budget/ Mon, 28 Mar 2022 12:00:42 +0000 https://missouriindependent.com/?p=10364

Lincoln University's agriculture department and extension program hosted their annual petting zoo on April 10, 2019. (Photo courtesy of Lincoln University.)

Just 30 minutes apart in central Missouri, Lincoln University and University of Missouri have long been close partners in agricultural research and instruction. 

Lincoln runs the state’s largest organic research farm in Jefferson City, and MU researchers often participate in studies there. For 50 years, the two university systems have had a “unified extension program,” where they offer classes in gardening and small-scale farming to residents statewide.

“We’ve made a commitment for our institutions to work together and as much as we can,” said John Moseley, president of Lincoln University, “…so this gives us a chance to collaborate and maybe have a greater footprint.”

Their ongoing partnership grew out of the fact that they’re Missouri’s only land-grant institutions – or designated universities that have received federal funding for agricultural research and instruction since the late 1800s.

Yet despite their unified mission, the two universities have long received different treatment when it comes time for legislators to allocate funds in the state budget – a discussion that will likely happen in the coming weeks. 

In 2000, the federal government mandated that states start matching the federal funding for land-grant universities. In fiscal year 2021, MU used $17 million from its regular $428 million state tax appropriation to match available federal funds, according to a university budget document

However in the last 22 years, Lincoln, an HBCU (Historically Black College or University), has not been able to fund a full state match from its much smaller state appropriation. In fiscal 2021, lawmakers added $3.9 to Lincoln’s regular $21.6 million in state tax funding to help it pay its match. 

And every federal dollar that the state doesn’t match for Lincoln must go back to the federal government, according to Lincoln officials. Last year, Lincoln received a 50% state match – or $4.9 million of the required $9.75 million – which was only the second time the university had received as much as a 50% match from the state. 

Rep. Dave Griffith, R-Jefferson City, said it’s been “very painful” to watch those dollars go back to the feds every year because the state didn’t match them. 

“It seems like the University of Missouri always gets the full funding of the land grant,” Griffith said, “and Lincoln University is kind of like the red-headed stepchild.”

Gov. Mike Parson’s proposed budget for the upcoming fiscal year includes $5.2 million for Lincoln’s land-grant funding – again about half of the required match. However this session, there’s a bipartisan push to get the full required state funding. 

The House Budget Committee meets Monday afternoon to put its stamp on the fiscal 2023 budget.

“I think it’s only fair… that way Lincoln could get 100% of their match from the federal government, which would benefit all of us in farming and across the whole state of Missouri with our research,” said Rep. Jamie Burger, R-Benton. “I feel very strongly about that.”

Not wanting to lose out on the federal dollars, Lincoln previously used its core budget – funds meant to benefit all academic departments – to match the federal funds for agricultural research and instruction.

Rep. Kevin Windham, D-Hillsdale, said that the state not only needs to fully fund Lincoln’s land grant match each year, but it also needs to reimburse Lincoln for the $43 million that it had to take out of its core funding since 2000 to use as a match. 

“I think Lincoln University – and HBCUs in our state in general – are disregarded and disrespected,” said Windham, who sits on the House budget committee. “I see that in the budget.”

‘Best kept secret’

A monument to the former slaves and Union Army soldiers who raised money to found Lincoln University greets visitors to the HBCU (Historically Black College or University) located in Jefferson City. (Photo courtesy of Lincoln University.)

The University of Missouri was established as a land-grant university in 1870 through the Morrill Act of 1862, which funded educational institutions by granting federally-controlled land to the states. Proceeds from sale of the land provided funds to focus on teaching practical agriculture, science, military science and engineering.

Nearly 30 years later through the Morrill Act of 1890, the federal government said it would cease funding to states that didn’t accept African-American students into their land-grant universities – unless the states established a separate land-grant institution where African Americans could attend.

Originally established as Lincoln Institute in 1866 with donations from former slaves serving in the Union Army, Lincoln was among the 18 HBCUs designated for the funding.

Today, nearly all of the land-grant HBCUs fail to receive a full state appropriation, according to Forbes

It’s a struggle that’s been going on since Moseley got to Lincoln in 2014, when he became the head basketball coach. 

“Once I joined the president’s cabinet in 2015, it became more apparent to me,” said Moseley, who became president in January.

There had been “consistent attempts” to bring up the issue in the state legislature in his tenure, he said. But in 2017, university administrators finally made the decision to stop using its core funding to support the land grant mission because of the overall deficit the university was experiencing, he said. 

“That would be the year that I think they took their biggest stance to say, ‘Hey, if you don’t support it and they deny the waiver, we just won’t provide the services,’” Moseley said.

In fiscal year 2018, Lincoln received a 45% match of $3.1 million, up from a 24% match of $1.4 million in the previous year. 

While Lincoln receives its land-grant funding as a separate budget line-item every year, the University of Missouri’s funding is included as part of their core appropriations.

A MU spokesperson said in an email statement to the Independent, “The University of Missouri does not receive a line item from the state to match federal funds. The university makes a decision and allocation to match federal funds. We have always complied with federal requirements for matching and make it a priority to match federal dollars with state dollars we receive.”

The University of Missouri has a “strong lobby” in the capitol, and alumni often sit on the budget committee, Griffith said, which is part of the reason they always secure their funding.

However, Griffith believes that Moseley is making his mark on Jefferson City. 

“Lincoln is one of our best kept secrets,” Griffith said. “And I think under the leadership of Dr. Moseley, I really see that changing. He’s a very dynamic and very charismatic individual.”

‘Cutting edge’ research

In 2019, state legislators passed a measure to increase industrial hemp production and mandated that all seeds generated for hemp production come from within Missouri. 

Lincoln’s Hemp Institute plays a big part in this because it’s one of the leading hemp research facilities in the country, Griffith said. 

“The seed germination research being done at Lincoln University is really cutting edge,” he said.

Burger said he values Lincoln’s work and impact in farming areas and community gardens in his district as well. In December, Burger sent a letter to Budget Committee Chair Rep. Cody Smith, R-Carthage, urging him to fully fund Lincoln’s match.

This month, Windham proposed an amendment in the House subcommittee on appropriations to take $8 million from the UM System’s state appropriations, to put it towards Lincoln’s match and other needs. The last thing Windham said he wants to do is “rob Peter to pay Paul.”

“If it was my choice, I wouldn’t have had to take out of UM to give LU the money,” Windham said. “We would have just spent some of the billions of dollars that we got on tap, but I’m just working within the process that we got.”

Windham rescinded his amendment because he said he wants to have further discussions with UM leaders to understand how the $30 million is allocated. However, he said the amendment is not completely off the table yet. 

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Ketanji Brown Jackson defends her record under grilling from U.S. Senate Republicans https://missouriindependent.com/2022/03/22/ketanji-brown-jackson-defends-her-record-under-grilling-from-u-s-senate-republicans/ Tue, 22 Mar 2022 23:12:08 +0000 https://missouriindependent.com/?p=10333

U.S. Supreme Court nominee Ketanji Brown Jackson faced questions from the U.S. Senate Judiciary Committee in her second day of public hearings (Courtesy of the Senate Judiciary Committee livestream).

WASHINGTON – Republicans on the Senate Judiciary Committee on Tuesday sharpened their criticisms of U.S. Supreme Court nominee Ketanji Brown Jackson, probing her work as a public defender on behalf of terrorism suspects, the judicial sentences she has handed down for child pornography offenses and her views of critical race theory.

Jackson defended her record in a handful of tense exchanges with Republican members, clearly disagreeing with accusations from Texas Sen. Ted Cruz that she was too lenient in the child pornography sentencing decisions.

Democrats on the evenly split panel said Jackson’s record as a federal trial judge and appeals judge on the D.C. Circuit Court showed she was an impartial jurist.

All but two of the 22 senators on the committee had 30 minutes to question Jackson during a lengthy session that began at 9 a.m. and appeared ready to stretch into the night. Committee Chairman Dick Durbin announced that two senators, Democrat Jon Ossoff of Georgia and Republican Thom Tillis of North Carolina, would take their turns on Wednesday.

The hearing opened with questions from Durbin, D-Ill., that gave Jackson an opportunity to preempt several lines of attack expected from Republican senators. Nearly all are expected to vote on the floor against her nomination.

Jackson described to Durbin her process for removing her own biases as a judge and articulated a vision of a constrained federal judiciary, a day after Republican senators complained that Jackson had not disclosed her judicial philosophy and said they feared she would be an activist justice. She repeated throughout the day her process and that she wanted to “stay in my lane” as a judge, not advocate for policy positions.

“I am not importing my personal views or policy preferences,” she said. “The entire exercise is about trying to understand what those who created this policy or this law intended.”

She also defended her sentencing record for people convicted of possessing child pornography after some Republicans, including Tennessee Sen. Marsha Blackburn and Sen. Josh Hawley of Missouri, argued on Monday she was too lenient.

Victims’ statements in such cases were powerful, Jackson said, and she in every case considered the views of the children affected. She did not subscribe to the idea that those convicted of possession — and not production — were only “lookers,” she said.

“I say to them that there is only a market for this kind of material because there are lookers, that you are contributing to child sex abuse,” she said. “And then I impose a significant sentence.”

She still has nightmares, she said, about a victim who developed agoraphobia — a fear of leaving the home — because the prospect that strangers had seen images of her sexual abuse was overwhelming.

Democrats on the panel touted endorsements Jackson had won from leading police groups to rebut the accusation Jackson is not tough enough on criminals.

Jackson, who grew up in Miami and would be the first person from Florida to sit on the court, said law enforcement had long been part of her family life. She had two uncles who were police officers, who, she remembered, would come to family gatherings straight after a shift and place their guns atop tall furniture to keep out of reach of children.

She also has a younger brother who worked as a police officer in Baltimore, she said.

Hawley questions

Missouri Sen. Josh Hawley questions U.S. Supreme Court nominee Ketanji Brown Jackson during a U.S. Senate Judiciary Committee public hearing (Courtesy of the Senate Judiciary Committee livestream).

Hawley spent his time questioning Jackson about why she sentenced certain defendants convicted of possession of child pornography below the guidelines and below the prosecutor’s recommendation.

Hawley focused much of his time on United States v. Hawkins, in which Jackson sentenced an 18-year-old defendant to three months in federal prison for what she referred to as “heinous” and “egregious” offenses.

Hawley appeared particularly frustrated when reading from Jackson’s comments to the defendant at the sentencing hearing, during which he characterized her as apologizing to the defendant and saying it was a “truly difficult situation.”

“Is he the victim or are the victims the victim?” Hawley asked.

Jackson said that she didn’t have the entire record of the case in front of her but added that she remembered considering that case to be “unusual,” in part because the defense attorney was arguing for probation and the 18-year-old defendant had just graduated from high school.

“I don’t remember in detail this particular case, but I do recall it being unusual,” Jackson said. “So my only point to you is that judges are doing the work of assessing in each case a number of factors that are set forward by Congress — all against the backdrop of heinous criminal behavior.”

Hawley said that he wasn’t questioning Jackson as a person, but was questioning her discretion and her judgment in those cases.

GOP attacks

South Carolina Republican Sen. Lindsey Graham, a former defense attorney in the U.S. Air Force, said he would not hold against Jackson her work as a public defender on behalf of terrorism suspects held at a U.S. Naval Base at Guantánamo Bay, Cuba. Graham said he understood that public defenders don’t choose their clients and that defense attorneys are an important part of the legal system.

But Graham, who voted to confirm Jackson for her current role as a judge on the D.C. Circuit Court of Appeals, did take issue with arguments Jackson raised as a public defender, including that the United States committed war crimes against Guantánamo Bay detainees, an apparent reference to a case when Jackson represented a detainee tortured by military handlers at the detention facility.

Jackson said she was preserving legal arguments on behalf of her clients.

Republican Sen. John Cornyn of Texas also objected to Jackson’s use of the term war criminal in cases that named then-President George W. Bush and Defense Secretary Donald Rumsfeld in their official capacities.

Graham criticized a legal brief Jackson filed after joining a private practice that argued so-called enemy combatants at Guantánamo Bay should be tried or freed, not held indefinitely.

“I hope that they all die in jail if they’re going to go back and kill Americans,” he said. “It won’t bother me one bit if 39 of them die in prison. That’s a better outcome than letting them go.”

Jackson said she was representing her clients’ views, not her own.

Graham also spent much of his 30 minutes complaining about Democratic senators’ treatment of past Supreme Court nominees picked by Republican presidents.

Graham probed Jackson about her religious beliefs and to place on a scale of 1-10 her level of faith. When Jackson objected to providing details about her beliefs, Graham said he asked because Democrats raised the issue about Justice Amy Coney Barrett, who was nominated by President Donald Trump, during her confirmation hearings.

“There’s two standards here,” Graham said.

Cruz, who overlapped with Jackson for two years at Harvard Law School, accused Jackson of endorsing the teaching of critical race theory. It is a legal theory, taught in higher education and much maligned by conservatives, that argues race is a prevailing factor in all parts of American life.

Cruz brought and displayed blown-up posters showing pages in books taught at Georgetown Day School, a private school in Washington, D.C., where Jackson sits on the board.

Cruz argued that such books taught that “babies are racist” and asked if Jackson endorsed that view.

“Senator,” Jackson began to respond before pausing for more than six seconds. “I do not believe that any child should be made to feel as though they are racist or though they are not valued or though they are less than, that they are victims, that they are oppressors. I don’t believe in any of that.”

The board does not oversee curriculum at the school, Jackson said.

‘Opportunity for role models’

Sen. Dianne Feinstein, D-Calif., noted Jackson would be the fourth woman on the nine-justice Supreme Court, the closest to gender parity the court had reached.

Jackson, who would be the first Black woman on the court, said that kind of milestone was important to young people who may not see people of their backgrounds reflected in elite institutions like the Supreme Court.

“One of the things that having diverse members of the court does is it provides for the opportunity for role models,” Jackson told Feinstein. “Having meaningful numbers of women and people of color, I think matters.”

Jackson also told Feinstein that she considered Supreme Court decisions upholding the right to abortion “settled.”

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Ketanji Brown Jackson vows to decide U.S. Supreme Court cases from a ‘neutral posture’ https://missouriindependent.com/2022/03/21/ketanji-brown-jackson-vows-to-decide-u-s-supreme-court-cases-from-a-neutral-posture/ Mon, 21 Mar 2022 22:09:30 +0000 https://missouriindependent.com/?p=10318

Ketanji Brown Jackson testifies during a Senate Judiciary Committee confirmation hearing on April 28, 2021 in Washington, DC. (Photo by Tom Williams-Pool/Getty Images).

WASHINGTON — Supreme Court nominee Ketanji Brown Jackson began her four-day confirmation process to become the nation’s first Black female associate justice on Monday, listening to hours of opening statements from Senate Judiciary Committee members before giving her own.

In her first public remarks since President Joe Biden nominated her last month, Jackson, who grew up in Miami, told the senators about her upbringing and career, including her time clerking for retiring Justice Stephen Breyer. Her daughters, husband and parents looked on from the audience.

“It is extremely humbling to be considered for Justice Breyer’s seat. And I know that I could never fill his shoes, but if confirmed I would hope to carry on his spirit,” Jackson said.

The first day included four hours of statements from U.S. senators, with members of both political parties congratulating her on her nomination and impressive career.

Republicans, however, previewed the questions they will ask Jackson during the next two days, including bringing up their concerns with her openness to sharing her judicial philosophy and how she handled sentencing for some cases while a U.S. District Court judge. Most if not all Republicans are expected to oppose her nomination on the floor, but there would be enough votes for confirmation if all Democrats in the evenly divided Senate vote for Jackson and Vice President Kamala Harris casts a tie-breaking vote.

Jackson, 51, told the senators that she takes her responsibility and duty to be an independent judge very seriously, deciding her cases from a “neutral posture.”

“I know that my role as a judge is a limited one, that the Constitution empowers me only to decide cases and controversies that are properly presented,” Jackson testified. “And I know that my judicial role is further constrained by careful adherence to precedent.”

Jackson wrapped up her opening statement saying that she has dedicated her “career to ensuring that the words engraved on the front of the Supreme Court building ‘equal justice under law’ are a reality and not just an ideal.”

Durbin and Grassley

Judiciary Committee Chairman Dick Durbin, an Illinois Democrat, and ranking member Chuck Grassley, an Iowa Republican, used their opening statements to outline their political parties’ views on the judge’s qualifications and pitfalls, while attempting to set a collegial tone.

“The reality is that the court’s members in one respect have never really reflected the nation they served,” Durbin said. “When the Supreme Court met for the very first time in February of 1790 in the Exchange Building in New York, there were nearly 700,000 slaves without the right of citizenship in this new nation of nearly 4 million people.”

“Neither African Americans nor women had the right to vote. There was no equal justice under the law for a majority of people living in America,” Durbin continued.

Durbin attempted to rebuff several GOP criticisms of Jackson, including that she is “a product of a campaign of dark money” judicial groups that want to overhaul the nation’s courts, that she has been soft on crime and that she would be a “rubber stamp” for the Biden administration.

“There may be some who claim, without a shred of evidence, that you’ll be a rubber stamp for this president. For these would-be critics, I have four words — look at the record,” Durbin said.

Jackson has been before the U.S. Senate Judiciary Committee three times, he said, noting that her confirmation process for the United States Court of Appeals for the District of Columbia took place just last year.

Her time as a federal public defender, member of the U.S. Sentencing Commission, district court judge and a member of the U.S. Court of Appeals for the District of Columbia Circuit are all well documented, he said.

Grassley said Republicans would “conduct a thorough, exhaustive examination of Judge Jackson’s record and views” and ask “tough questions” about her judicial philosophy.

“In any Supreme Court nomination, the most important thing that I look for is the nominee’s view of the law, judicial philosophy and view on the role of a judge in our constitutional system,” Grassley said. “I’ll be looking to see whether Judge Jackson is committed to the Constitution as originally understood.”

What the GOP will ask

Republicans are likely to ask Jackson numerous questions during the next two days about her education, previous court cases, writings and outlook on the role of an associate justice on the Supreme Court.

Texas Republican Sen. John Cornyn said during his opening statement it would be “imperative” that the senators gain an understanding of her judicial philosophy.

“I have to say I was a bit troubled that you have not so far provided us with much clarity on that matter,” Cornyn said. “Someone as accomplished as you are — who has spent years engaging and thinking about our Constitution and laws –— has surely formed a judicial philosophy.”

“This is not your first rodeo,” Cornyn added.

Grassley, and numerous GOP senators on the panel, said they were also concerned about so-called “dark money groups,” including Demand Justice, advocating for judges who believe the U.S. Constitution is a “living” document.

The group has cheered Jackson’s nomination to associate justice, a stance that has raised several Republicans’ suspicions about Jackson.

Rhode Island Democrat Sen. Sheldon Whitehouse said those concerns were “ironic” since “hundreds of millions of dollars in right-wing dark money built the current court majority.”

Missouri GOP Sen. Josh Hawley and Tennessee Republican Sen. Marsha Blackburn both mentioned concerns with how Jackson sentenced people convicted of possession or distribution of child pornography.

“I want to be candid with you today, so you know exactly what it is I want to talk about,” Hawley said before listing off cases in which he felt Jackson was too lenient in sentencing.

“In each of these seven, Judge Jackson handed down a lenient sentence that was below what the federal guidelines recommended and below what prosecutors requested. And so I think there’s a lot to talk about there, and I look forward to talking about it.”

The White House has dismissed Hawley’s claims. Press secretary Jen Psaki said last week that some of Hawley’s research was taken out of context and that, as a trial judge, Jackson had largely stayed within sentencing guidelines or issued stronger sentences.

“Attempts to smear or discredit her history and her work are not borne out in facts,” she said.

Jackson’s own opening statement took place mid-afternoon, after she was introduced by Thomas B. Griffith, a retired judge for the U.S. Court of Appeals for the District of Columbia Circuit, and Lisa M. Fairfax, Jackson’s former college roommate and a presidential professor at the University of Pennsylvania Carey Law School.

Jackson will return to the hearing room Tuesday to begin the first day of questioning from members, with each senator getting 30 minutes. That portion of the hearing process will continue Wednesday, with senators each getting a second, 20-minute round.

The hearing will wrap up Thursday when the Judiciary Committee hears from the American Bar Association and other witnesses.

The ABA Standing Committee on the Federal Judiciary –— which evaluates judges based on integrity, professional competence and judicial temperament —  has rated Jackson as “well qualified,” its highest rating.

The earliest the Judiciary Committee would vote to send Jackson’s nomination for associate justice to the Senate floor is next week. Senate Majority Leader Chuck Schumer hopes to hold a final floor vote before Easter, which is April 17.

Jackson, if confirmed, would join the Supreme Court later this summer following the retirement of Justice Breyer.

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Missouri bill that would weaken hazardous waste rules returns for another year https://missouriindependent.com/2022/03/04/missouri-bill-that-would-weaken-hazardous-waste-rules-returns-for-another-year/ Fri, 04 Mar 2022 16:23:39 +0000 https://missouriindependent.com/?p=10036

Orscheln's property on North Morley Street in Moberly. The company resisted calls from the Missouri Department of Natural Resources to do certain testing for trichloroethylene at the site. (Rudi Keller/Missouri Independent).

A GOP lawmaker is once again working to reel in what he sees as overly aggressive enforcement of hazardous waste laws by Missouri regulators he contends are “terrifying” small businesses in his district.

But critics say the change would put Missourians at greater risk of exposure to dangerous chemicals. 

“The people of Missouri are not clamoring for weaker protections from hazardous waste,” said Michael Berg, Sierra Club’s political director. 

Sen. Eric Burlison, R-Battlefield, is for the third time sponsoring a bill that would bar the Missouri Department of Natural Resources (DNR) from deviating from federal regulations when it comes to controlling hazardous waste. 

Burlison says he has heard from several small businesses in his district who felt “intimidated” by DNR.

“To them,” he said, “it was just terrifying.”

Burlison first introduced the bill in 2020. He said his goal was to help tourist caves in his district that were struggling with DNR’s overzealous enforcement. Some have had to mitigate trichloroethylene, a volatile chemical linked to certain types of cancer that has made its way into their groundwater from upstream. 

After he filed an initial version of his bill, Burlison said he started hearing from other businesses, including one that had been in a standoff with the state over TCE — and that critics believed to be the driving force behind the idea: ORBCO, a Moberly manufacturing facility that’s part of Orscheln Industries. 

The company is owned by the family of Barry Orscheln, a member of the Missouri Conservation Committee and Gov. Mike Parson’s conservationist of the year. But his family’s Moberly manufacturing site, ORBCO, has been under scrutiny by DNR for underground TCE that has vaporized and made its way into the air, potentially putting employees at risk.

Orschlen has never been mentioned during public debate of the bill, in the past or during a hearing this week. The mid-Missouri ORBCO plant was engaged in a months-long fight with DNR over TCE when a version of the bill was first introduced in 2020. 

But the company’s argument against DNR’s authority  — that the agency was enforcing rules on TCE laid out in federal guidance documents, not promulgated regulations — managed to find its way into the discussion.

Burlison has long maintained he was motivated by the trouble caves were facing in his district and wasn’t aware of Orscheln’s issue until after he filed legislation. 

But soon after, Burlison said he was approached by the Orsheln’s lobbyist, former state Sen. Kurt Schaefer, as well as other representatives of the company in support of his legislation.

“When they came knocking on my door and told me that this affected them, too,” he said, “to me, it was like adding wind behind my sails because I knew I was onto something.”

During Wednesday’s hearing, neither TCE nor Orscheln were ever mentioned. 

Burlison’s bill also includes provisions requiring DNR to provide more explanation when they levy fines and to keep that information confidential. 

“I think it’s good transparency; I think it’s responsible,” Burlison said of the bill. 

John Madras, who worked at DNR for more than 30 years, including on hazardous waste issues, told The Independent keeping information about fines and penalties secret would undermine the public’s ability to ensure tax dollars are being spent properly and the law is being enforced equitably. 

“If none of this ever sees the light of day,” Madras said, “…nobody knows if somebody got a sweetheart deal. Nobody knows if somebody got thrown under the bus.”

Burlison’s bill is a scaled back version of the legislation he introduced last year that would have revoked several environmental commissions’ authority to set permit fees to fund DNR’s work. Under current law, that authority is set to expire in 2024. The provision was criticized by environmentalists as an effort to bankrupt DNR. 

The bill’s chief supporter, Associated Industries of Missouri, suggested an amendment during Wednesday’s committee hearing to make it clear the language barring DNR from enacting strict hazardous waste rules is not meant to wipe out a voluntary brownfield cleanup program that the state runs.

“We found that it’s a little easier to work with the Department of Natural Resources this year,” Ray McCarty, president and CEO of Associated Industries, told the committee Wednesday. “We’re very happy about that. And so I think that relationship is improving between the regulated community and the regulators.”

McCarty didn’t mention TCE in Wednesday’s hearing, either. Last year, he said seven or eight businesses were affected by the TCE enforcement but declined to name them. Orscheln is listed in the association’s “Circle of Elite Organizations.” 

ORBCO, or Orscheln Brake Lever Manufacturing Company, used TCE as a degreaser decades ago but stopped in the late 1970s. State records show it was discovered in the groundwater in 1988, and the company entered a consent decree with DNR in 1990 to clean it up. That agreement is still in effect. 

In 2019, DNR discovered TCE in sewer gas coming from manholes near ORBCO in Moberly. 

Based on the results, it told ORBCO it was required to do additional testing to assess the risk of TCE migrating from the site to other properties and the risk to the company’s own workers from the TCE that was vaporizing and entering the manufacturing facility through the air. 

TCE can cause kidney and liver cancer, non-Hodgkin lymphoma, cardiac defects, leukemia, multiple myeloma, renal disease, Parkinson disease and scleroderma. 

A subsequent assessment of the ORBCO site by the Missouri Department of Health and Senior Services (DHSS) found there wasn’t enough data to assess the risk to human health. So health officials recommended further testing, kicking off a months-long dispute over Orscheln’s responsibilities. 

ORBCO executives said the contamination in the groundwater was already delineated and there was no indication it was migrating. But DNR said ORBCO’s testing plan was inadequate and threatened to obtain an order compelling ORBCO’s compliance. 

The manufacturer’s attorney then told DNR it was overstepping its authority by citing a federal guidance document— the same concern McCarty would eventually voice without naming Orsheln in a Missouri House committee hearing last year.

Eventually, ORBCO performed sampling in 2020.

This time, DHSS assessed the risk to workers and found “TCE concentrations in the manufacturing building exceed the comparison value for cancer effects for worker exposure in all areas except the office area.” 

ORBCO’s attorney, Stacy Stotts, disagreed with the health agency’s methodology in an earlier statement to The Independent. On Wednesday, she said in an email that Orscheln was unsure what was being asked “but Mr. Orschlen does not have any comment on this matter.”

Correction: This story has been updated to include Ray McCarty’s title as president and CEO of Associated Industries of Missouri.

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Supreme Court nominee Ketanji Brown Jackson meets with top members of U.S. Senate https://missouriindependent.com/2022/03/03/supreme-court-nominee-ketanji-brown-jackson-meets-with-top-members-of-u-s-senate/ Thu, 03 Mar 2022 12:15:54 +0000 https://missouriindependent.com/?p=10089

Sen. Chuck Grassley of Iowa, the ranking Republican on the Senate Judiciary committee, meets Wednesday with Judge Ketanji Brown Jackson, nominee for the U.S. Supreme Court (Jennifer Shutt/States Newsroom).

WASHINGTON — U.S. Supreme Court nominee Ketanji Brown Jackson began the arduous Senate confirmation process Wednesday, meeting on Capitol Hill with four key senators.

Jackson, who would become the first Black woman on the court if confirmed, started her morning with Senate Majority Leader Chuck Schumer, a New York Democrat. Schumer said he expects Republicans will vote for Jackson, despite several expressing opposition to her nomination.

She later spoke privately with Senate Minority Leader Mitch McConnell, a Kentucky Republican; Senate Judiciary Chair Dick Durbin, an Illinois Democrat; and the panel’s top Republican, Chuck Grassley of Iowa.

The Judiciary panel is scheduled to begin confirmation hearings Monday, March 21, when members of the committee and Jackson make their opening statements.

The next two days will include rounds of questions from senators before the American Bar Association and other witnesses testify on March 24.

Wednesday’s meetings all started off with a small group of reporters and photojournalists rushing into the rooms to capture images of the historic nominee before staff quickly ushered them out so she could talk candidly with top lawmakers.

Schumer said after his roughly 30-minute meeting with Jackson that he believes she belongs on the court. Schumer said Jackson reminds him of Justice Stephen Breyer, whom she clerked for and would replace on the court if confirmed.

“She has real empathy,” Schumer said. “I think it’s very important in a judge — because you’re having two sides clashing over whatever the issue is — to be able to empathize and walk in the other person’s shoes.”

Meetings between Supreme Court nominees and senators often veer away from their resumes and judicial philosophies to more personal topics. Schumer said he and Jackson talked about how both of their families are close-knit, gathering together for weekly dinners.

“She understands life in a very real way because of her experiences,” Schumer said of both her personal life and the “breadth” of her professional experiences.

Jackson grew up in Miami, where she graduated from Miami Palmetto Senior High School. Jackson’s parents both started out as public school teachers. Her father, Johnny Brown, later became an attorney for the Miami-Dade School Board, and her mother, Ellery Brown, became the principal at New World School of the Arts, a public high school with a magnet program.

Grassley said while posing for photos with Jackson before their afternoon meeting that he would work to ensure her confirmation process is “fair” and “dignified.”

“I just think that we’re gonna meet our constitutional responsibility of advise and consent with dignity and fairness and most importantly, thoroughness,” Grassley said.

President Joe Biden nominated Jackson last month, fulfilling a campaign promise to place a Black woman on the Supreme Court for the first time in the nation’s history.

Jackson, who earned her law degree from Harvard University and received bipartisan support for her confirmation as a judge on the U.S. Court of Appeals for the D.C. Circuit last year, would also be the first former public defender on the court.

She will continue meeting privately with Democratic and Republican senators during the next few weeks as she simultaneously prepares to undergo days of questioning from the 22 lawmakers on the Judiciary Committee.

Durbin said after his roughly 45-minute meeting with Jackson that he believes Republicans have enough time to prepare for the hearings.

“That will be the 24th day after President Biden’s announcement of this nominee,” Durbin said. “In comparison, Amy Coney Barrett came before the committee 16 days after President Trump’s announcement.”

Durbin said the goal is for Jackson to meet with all members of the committee ahead of the hearings. She would then continue meeting with other senators ahead of a floor vote.

Durbin said Jackson’s confirmation hearings could be open to the public, even though Senate office buildings are currently open only to lawmakers, staff, credentialed press and people on official business. Before the COVID-19 pandemic began, the three buildings just steps from the Capitol were available to members of the public, who were able to attend hearings and markups in designated seats.

“As long as we have an opportunity for an orderly witnessing of this process, I would support it. But I want to make sure first and foremost that we take into consideration public health and security, and I’ll rely on the experts to give advice on that,” Durbin said.

Durbin didn’t want to speculate on when the Judiciary Committee would vote to send Jackson’s nomination to the Senate floor.

That vote is expected to take place within the two weeks after her hearings. Schumer is planning a floor vote on her confirmation before the Senate leaves town on Friday, April 8 for its Easter recess.

If confirmed, Jackson would not alter the court’s 6-3 conservative tilt.

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New U.S. sanctions on Russia target banks, high-tech imports https://missouriindependent.com/2022/02/24/new-u-s-sanctions-on-russia-target-banks-high-tech-imports/ Thu, 24 Feb 2022 22:01:05 +0000 https://missouriindependent.com/?p=9904

The U.S. and allies will limit Russia’s ability to use international currency, including U.S. dollars, euros, pounds and yen. The U.S. Treasury Department will freeze roughly $1 trillion in assets held by Russian banks (Photo by Drew Angerer/Getty Images).

WASHINGTON — The United States and Western allies stepped up economic sanctions on Russia following its escalated attack on Ukraine, President Joe Biden said at the White House on Thursday.

Biden had for weeks pledged to impose significant sanctions on Russia if President Vladimir Putin followed through on plans to invade Ukraine. As the invasion ramped up early Thursday morning and Russian forces shelled Ukraine, Biden also increased sanctions.

“Putin is the aggressor,” Biden said. “Putin chose this war. And now he and his country will bear the consequences.”

The sanctions mostly target Russia’s financial sector. The U.S. and allies will limit Russia’s ability to use international currency, including U.S. dollars, euros, pounds and yen. The U.S. Treasury Department will freeze roughly $1 trillion in assets held by Russian banks.

Biden also froze U.S. exports to Russia of products used for high-tech industries, part of an effort to degrade the Russian aerospace industry and military, he said.

Meanwhile, Defense Secretary Lloyd Austin, at the direction of the president, authorized the deployment of 7,000 additional U.S. troops to Germany, according to a senior Defense official.

The soldiers, who will leave in the next few days, are intended “to reassure NATO allies, deter Russian aggression and be prepared to support a range of requirements in the region,” according to the official.

Biden has said repeatedly that U.S. troops will not be deployed to Ukraine.

Global financial system

Russia will not be expelled from the global financial system known as SWIFT — a move some thought possible — because European allies did not support that plan, Biden said.

Other sanctions on Russia financial institutions were stronger than a removal from SWIFT, Biden said.

Assets from the four largest Russian banks that touch the U.S. financial system would be frozen, he said. Individual members of Russia’s elite class would also be sanctioned, with their U.S. assets frozen, Biden said.

Treasury also announced sanctions on the Belarusian defense sector and financial institutions. Belarus is a close ally of Russia and part of the invasion of Ukraine came across the Belarusian border.

Biden estimated sanctions from the U.S. and allies would halt roughly half of Russia’s high-tech imports.

“It will strike a blow to their ability to continue to modernize their military,” he said. “It’ll degrade their aerospace industry, including their space program. It will hurt their ability to build ships, reducing their ability to compete economically. And it will be a major hit to Putin’s long-term strategic ambitions.”

Biden insisted that sanctions could be effective in curbing Russian aggression, despite the threat of earlier sanctions seemingly doing little to deter Putin.

“This is going to take time,” he said. Putin is “now going to see the effect of the sanctions … It will so weaken his country that he’ll have to make a very, very difficult choice.”

Republicans react

Senate Minority Leader Mitch McConnell said in a statement that Congress should impose “truly devastating sanctions against the Kremlin and its enablers.”

The Kentucky Republican then called on the United States and the 29 other nations within the North Atlantic Treaty Organization to “redouble our material support for Ukraine’s resistance” and “invest in the capabilities needed for long-term military competition with Russia and China.”

McConnell said the government funding package Congress is on track to pass before March 11 “will provide an opportunity to lead by example.”

Thursday’s sanctions package was tailored to allow energy payments to continue, Biden said, adding that they were targeted “to maximize a long-term impact on Russia and to minimize impact in the United States and our allies.”

Biden, whose approval rating has suffered during a period of economic inflation at home, said he was sensitive to the costs, including spiking gas prices, to the American public of the “complete rupture” of the U.S.-Russia relationship.

“I will do everything in my power to limit the pain the American people are feeling at the gas pump,” he said. “But this aggression cannot go unanswered.”

Biden took questions from reporters, but declined to answer why he hadn’t personally sanctioned Putin. He also declined to comment on U.S.-China conversations about the conflict.

Biden also said he would move to strengthen NATO allies near Ukraine and would authorize force if the conflict spilled into those countries.

In addition to the forces deploying to Germany, Biden earlier this week ordered U.S. troops already stationed in Europe to the eastern edge of NATO territory in Estonia, Latvia, Lithuania, Poland and Romania.

“If he did move into NATO countries,” Biden said, “we will be involved.”

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HBCU leaders decry waves of bomb threats as federal investigators probe origin https://missouriindependent.com/2022/02/09/hbcu-leaders-decry-waves-of-bomb-threats-as-federal-investigators-probe-origin/ Wed, 09 Feb 2022 12:30:14 +0000 https://missouriindependent.com/?p=9690

Members of the Class of 2025 at Harris-Stowe State University participate in the Convocation and Rite of Passage Ceremony, an annual tradition that symbolizes HSSU’s commitment to the newest members of its learning community. The ceremony took place on on Aug. 30, 2021 (Photo courtesy of Harris-Stowe State University).

WASHINGTON — Hours before the Southern Poverty Law Center held a virtual panel Tuesday about recent bomb threats made to dozens of historically Black colleges, yet another bomb threat was reported — this one to Spelman College in Georgia.

“This was a racist attack that aims to not only disrupt the start of Black History Month, but the perpetrators, we believe, wanted to send a message that even learning while Black is not safe from hate,” said Lecia Brooks, the chief of staff and culture for the SPLC.

“They clearly underestimated the strength of our treasured centers of learning, whose very existence is rooted in resilience.”

Leaders from five historically Black colleges and universities and an official with the U.S. Department of Education discussed how coordination between the institutions and the federal government could help protect students, faculty and the communities around those campuses.

Nearly 20 HBCUs received bomb threats in the past weeks, with more than a dozen on Feb. 1, the first day of Black History Month. That includes Harris-Stowe State University in St. Louis.

“Throughout history, we have seen threats aimed at Black men and women in their homes, at Black students in our classrooms, and at Black children on the playground,” U.S. Rep. Lucy McBath, D-Ga., said in a statement.

McBath, who graduated from an HBCU, Virginia State University, said that “these hateful threats will not oppress our drive towards excellence.”

The FBI is currently investigating the bomb threats made to HBCU institutions as hate crimes.

Michelle Asha Cooper, the acting assistant secretary for postsecondary education at the U.S. Department of Education, said that the department was working with the Justice Department, FBI and U.S. Department of Homeland Security to investigate the threats.

“These threats are reminiscent of the civil rights era,” she said. “Bomb threats against Black people is an unfortunate part of America’s history.”

Multiple media outlets have reported that the FBI has identified six juveniles of interest in the calls made to HBCUs.

Zachary Faison Jr., the president of Edward Waters University in Florida, said that he was concerned to learn that the threats could stem from young people, and added that he’s worried that children are not properly being taught about the history of racism in America.

“When I thought about young people, I’m thinking about people that don’t really understand or appreciate the historicity and the pains to African Americans in this country, particularly historically Black colleges and universities,” he said.

Brooks agreed and said that “we are seeing this more and more from our elected officials at the highest level, and those responses from our elected officials are having an impact on young people.”

Republicans at the state and congressional level have introduced or passed legislation to ban the teachings of critical race theory, an academic subject in higher education that has been around since the 1970s that looks at how race and law intersect. It’s not a subject taught in public schools.

Felecia Nave, the president of Alcorn State University in Mississippi, said that following the threats, her priority was students’ well-being.

“I’m extremely saddened for our students who continue to be traumatized, in what is truly unprecedented times,” she said.

Nave said that when she talked to students, she also talked to them about solutions and how they can help their community.

“They are disappointed, they are traumatized,” she said. “They’re resilient, and they are resolved to continue to move forward and to make it known that we won’t be threatened.”

She said they talked about voting rights and how it’s a constant struggle to fight for the right to vote and how important it is to educate people in their community about when certain legislation comes up, such as critical race theory.

“They’re being that next generation of civil rights leaders that our community is gonna need,” she said.

Walter Kimbrough, president of Dillard University in Louisiana, said that while his university has not yet received a bomb threat, the institution is no stranger to racist threats.

“I think that this has been a wake-up call for us,” he said. “Let’s lean into the history and deal with those issues and then say, how do we learn from that and apply it in this new context?”

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Gov. Mike Parson is replacing leader of Missouri’s child advocacy agency https://missouriindependent.com/2021/11/17/gov-mike-parson-is-replacing-leader-of-missouris-child-advocacy-agency/ Wed, 17 Nov 2021 15:52:48 +0000 https://missouriindependent.com/?p=8805

The Missouri Capitol rotunda in Jefferson City (Creative Commons photo courtesy of Onasill)

After 10 years leading the state agency that investigates complaints against Missouri’s Children’s Division, Kelly Schultz’s final day on the job will be Nov. 30. 

In an interview Wednesday morning, Schultz would not comment on the circumstances behind her sudden departure or on who Gov. Mike Parson has chosen to replace her as director of the Office of Child Advocate. She was originally appointed to the position in 2011 and has served through three administrations.

“I love the Office of Child Advocate and its mission and I wish nothing but success for the next director,” Schultz said. 

Kelli Jones, spokeswoman for the governor’s office, did not respond to a request for comment. Several people with knowledge of the decision say they expect the governor to announce state Rep. Becky Ruth will take over the job from Schultz. 

Ruth, a real estate agent and retired teacher from Jefferson County, could not be immediately reached for comment. The director position pays around $75,000 a year. 

The leadership change comes at a time when the state’s department of social services, which oversees the Children’s Division, is facing intense scrutiny from lawmakers.

On Tuesday, the department’s acting director, Robert Knodell, told a legislative committee that his agency is facing challenges “that cannot wait.” 

The department has faced withering criticism in recent months over its handling of allegations of abuse and neglect at unlicensed boarding schools and its failure to notify authorities when foster kids are reported missing.

Schultz has raised public concerns about the department, saying last month that “a perfect storm” of factors have contributed to where the department is today, including a high turnover rate of department directors, changes in the department’s models, the pandemic, and budget cuts.

“Candidly speaking,” Schultz said last month, “I think we have an agency in duress.”

During an interview Wednesday morning, Schultz said she was happy that there will be a transition period where she can work with the new director before leaving Nov. 30.

“I’ve been in this Capitol since 1999, and executive transitions are unfortunately something that state government doesn’t get right a lot of the time,” she said. “I’m very happy that there is a transition.”

Sudden, usually unexplained, departures have become commonplace in Parson’s administration over the last year, with three cabinet members being dismissed without warning or public explanation since April. Just last month, the head of the Office of Administration, which oversees state contracting and purchasing, was asked to resign effective immediately.

Rep. Keri Ingle, a Lee’s Summit Democrat and former children’s division investigator, said the state was lucky to have had Schultz in the Office of Child Advocate for the last decade. 

“I am so grateful for the years she has dedicated her life to the betterment of all Missouri children,” she said. “Her legacy is going to be the work she’s done to improve the child welfare system and make sure the kids of Missouri are safe.” 

There is a lot of turmoil within the department of social services, Ingle said, making it a difficult time to change leaders in such an important office. 

“But there really isn’t ever a perfect time for this type of change,” Ingle said. “I am looking forward to working with the new director.”

Jessica Seitz, the executive director of Missouri KidsFirst, an advocacy organization that represents child advocacy centers across the state, said Schultz brought a level of expertise to the job that will be hard to replace.

 “It’s an incredibly important office,” she said, “and any change is a big deal.”

There are “a lot of improvements in our laws that can be credited to her tenure,” Seitz said. 

Schultz, who declined to say what she plans to do next, said she is proud of the things the office has accomplished during her time in the job. 

“I love the Office of Child Advocate with all of my heart.”

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Missouri legislative leader joins crowded U.S. Senate race https://missouriindependent.com/2021/11/16/missouri-legislative-leader-joins-crowded-u-s-senate-race/ Tue, 16 Nov 2021 12:25:28 +0000 https://missouriindependent.com/?p=8781

Senate President Pro-Tem Dave Schatz, R-Sullivan (photo courtesy of Missouri Senate Communications).

One of the top Republican lawmakers in the Missouri General Assembly filed paperwork Monday declaring his intention to run for the U.S. Senate.

Senate President Pro Tem David Schatz, a Franklin County Republican, told The Independent in April that he was considering running to replace retiring U.S. Sen. Roy Blunt. At the time, he said he was concerned about the possibility of former Gov. Eric Greitens being the GOP nominee in 2022.

His move to file paperwork to enter the race was first reported by the Kansas City Star.

In a statement released Tuesday morning, Schatz took a jab at his potential rivals for the GOP nomination, saying “too many politicians are fakes and frauds.”

“We’ll never get our country out of this mess with fake politicians and their fake solutions,” he said. “We have to stop passing our problems onto the next election or the next generation.”

Vice president of a family-owned company that installs underground communication lines, Schatz won his first election in 2010, taking a seat in the Missouri House. He won election to the state Senate in 2014.

Because of term limits, he is barred from seeking another term in the state Senate next year.

In addition to Greitens, the GOP primary field includes Attorney General Eric Schmitt, lawyer Mark McCloskey and U.S. Reps. Vicky Hartzler and Billy Long.

Among his highest profile achievements during his tenure in the legislature is a bill raising the state’s gas tax to fund road and bridge repair. He has also recently taken up the cause of trying to outlaw so-called “grey-market” video gambling machines that have proliferated in the state.

Schatz managed to highlight his support for the gas tax hike in his press release Tuesday without every mentioning it was a tax increase.

He instead noted that he was part of an effort to cut Missouri income taxes, then said “a fraction of income tax savings” helped “fund safety improvements for Missouri’s roads and bridges.”

He also touted his support for legislation seeking to block enforcement of federal gun laws and new restrictions on access to abortion.

“As the leader of the Missouri Senate,” he said, “I’ve helped make Missouri the strongest pro-life, pro-second amendment, and pro-law enforcement state in the nation.”

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Supreme Court justices skeptical about New York gun control law https://missouriindependent.com/2021/11/04/supreme-court-justices-skeptical-about-new-york-gun-control-law/ Thu, 04 Nov 2021 11:30:53 +0000 https://missouriindependent.com/?p=8637

States with tougher standards for a permit to carry a concealed gun generally require an individual to demonstrate a need for self-protection, referred to as “proper cause" (Saul Loeb, AFP via Getty Images).

WASHINGTON — Conservative justices on the U.S. Supreme Court expressed skepticism Wednesday after listening to two hours of oral arguments on a New York law that imposes strict limits on carrying a gun outside the home—a case that will test how far states can go when crafting their own laws.

In New York State Rifle & Pistol Assoc. v. Bruen, attorney Paul Clement—former U.S. solicitor general in the Bush administration—argued that New York’s restrictive gun laws infringe on an individual’s Second Amendment right to keep and bear arms.

“Carrying a firearm outside the home is a fundamental, constitutional right,” he said in his opening presentation to the court.

Chief Justice John Roberts said he found it surprising that local officials could make decisions about a constitutional right. Several other members of the court expressed that sentiment, but also agreed that states could decide whether to exclude guns from “sensitive places” in New York such as public transportation, New York University, Columbia University and Times Square on New Year’s Eve.

Justices Neil Gorsuch, Amy Coney Barrett and Brett Kavanaugh expressed their concern about the high bar applicants needed to meet in order to obtain a gun permit.

Barbara Underwood, New York’s solicitor general, defended the state’s law, arguing that the state is not an outlier in its restrictions because states have used a variety of regulations over the years.

Some cities also place their own restrictions, such as Chicago and Baltimore.

“And it’s not an outlier in asking a licensed applicant to show good cause for a carry license,” she said.

Justice Elena Kagan said that the brief Clement submitted to the court focused on the argument that the New York law is a “regulatory scheme” that deprives most people of their right to carry a gun, rather than the two individuals who brought the case against New York.

Most states broadly grant requests to carry weapons outside the home except for California, New York, Delaware, Hawaii, Maryland, Massachusetts, New Jersey, Connecticut and Rhode Island. Those states have wide discretion to deny an applicant a concealed carry permit.

In those states, about 1% of all residents are approved for concealed carry, compared to about 10% in other states with looser laws.

States with tougher standards generally require an individual to demonstrate a need for self-protection, referred to as “proper cause.” A general desire to possess a concealed carry gun is not a sufficient reason in those states.

The gun rights advocates who are challenging New York’s law, Robert Nash and Brandon Koch, had applications for a concealed-carry license denied, but were granted “restricted” licenses to carry a gun for target shooting and hunting.

This is the first gun rights case the Supreme Court has taken up in years.

In 2008, the Court ruled in District of Columbia v. Heller that the Second Amendment does allow an individual the right to have a gun in his or her home for the purposes of self defense. In 2010, the Court confirmed in McDonald v. City of Chicago that the states must adhere to that right.

Justice Sonia Sotomayor noted that based on history, states have put in place their own restrictions on guns.

“Those 43 states that you’re talking about, most of them didn’t give unrestricted rights to carry of one form or another until recent times,” she said. “Before recent times, there were so many different regulations. What it appears to me is that the history and tradition of carrying weapons is that states get a lot of deference on this.”

New Jersey Acting Attorney General Andrew Bruck also defended the need to show proof that an individual needs to carry a gun outside the home.

“New Jersey residents should be able to go to a shopping mall or sporting event without having to worry about whether the person behind them is secretly carrying a firearm for no good reason,” Bruck said in a statement.

“The Second Amendment has always allowed states to adopt common-sense restrictions on carrying a concealed firearm in public—to protect their residents. A Supreme Court decision striking down reasonable firearm licensing laws would pose a significant risk to public safety.”

The Pew Research Center found that about 3 in every 10 Americans own a gun and that men are more likely to own a firearm than women, from 39% of men to 22% of women.

Some of the most recent data for gun deaths found that there were 39,773 deaths from gun-related injuries in 2017. Pew found that about 60% of gun deaths were by suicide.

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Democrats say Missouri governor inflating cost of fixing website flaw found by reporter https://missouriindependent.com/2021/10/20/democrats-say-missouri-governor-inflating-cost-of-fixing-website-flaw-found-by-reporter/ Wed, 20 Oct 2021 11:00:41 +0000 https://missouriindependent.com/?p=8433

Missouri Gov. Mike Parson during a press conference from the Capitol on Dec. 2, 2020 (Photo courtesy of the Missouri Governor's Office).

When Gov. Mike Parson last week angrily called for the St. Louis Post-Dispatch to be prosecuted for uncovering security flaws on a state agency website, he said the newspaper’s actions could “cost Missouri taxpayers up to $50 million.”

That amount, two Democrats on the House Budget Committee said Tuesday, is an estimate for providing credit monitoring to protect against misuse of personal data and a call center to answer questions from educators whose private data may have been exposed.

And, state Rep. Peter Merideth said, the estimate is not a very good one.

“He pulled it straight out of his ass,” Merideth said in an interview with The Independent Tuesday.

Rep. Peter Merideth, D-St. Louis
Rep. Peter Merideth, D-St. Louis (photo courtesy of Tim Bommel/Missouri House Communications)

Merideth, the ranking Democrat on the committee, and Rep. Kevin Windham, D-Hillsdale, said in a news release that they asked nonpartisan appropriations staff to find out what Parson, a Republican, intended to do with the money.

They were informed, Meridith said, that the governor’s statement was “a very rough and preliminary estimate,” the funds that would be tapped have not been identified and the timeline for doing anything was unclear.

In the release, Meridith and Windham said the Post-Dispatch protected the state by holding the story until the data issue was fixed.

If the person who found the data had bad intent, Windham said, the price could have escalated.

“I remain concerned about potential costs to the state resulting from lawsuits and the like, however I’m far more concerned about the 100,000 educators whose sensitive information was handled with such negligence,” Windham said. “Our state is incredibly fortunate that the person who found this vulnerability reported it to the state as soon as they did.”  

The  reason the estimate is questionable, Meridith said, is that it may duplicate something the state has already been forced to do to protect the data of educators.

State Rep. Kevin Windham, D-Hillsdale, speaks on the House floor during the June 2021 special session. (Tim Bommel/Missouri House of Representatives photo)

The state purchased 24 months of credit monitoring for potential victims of a data security problem at the Public School and Education Employees Retirement System, the Post-Dispatch reported Tuesday. The system notified its more than 128,000 active members and 100,000 beneficiaries of the Sept. 11 breach the same day that Parson lashed out at the story about teacher data.

The data for about 100,000 active educators was accessible through the Department of Elementary and Secondary Education website.

“I doubt it costs $50 million for 100,000 people to have credit monitoring,” Meridith said.

In the story that enraged Parson, the Post-Dispatch reported a website set up for the public to search the credentials of individual educators exposed Social Security numbers. The numbers were visible embedded in the code that tells the computer how to display a page, which can be viewed by pressing the F12 key on both Apple and Microsoft operating systems.

The reporter viewed three Social Security numbers, the newspaper reported. The Post-Dispatch informed the department and refrained from publishing a story about the issue until the data was no longer available.

In the statement Parson read to reporters without taking questions, he said the reporter who found the issue was a hacker and that viewing the data was a crime. He said he referred the case to Cole County Prosecuting Attorney Locke Thompson and that the Missouri State Highway Patrol would investigate.

“This incident alone may cost Missouri taxpayers as much $50 million and divert workers and resources from other state agencies,” Parson said. “This matter is a serious matter.”

By making that statement as he described the law enforcement response, Meridith said, Parson was suggesting that the investigation would cost that much.

“He very clearly was trying to suggest that this was what we would have to spend to hold this guy accountable, or this is what we have to spend because of what this journalist did,” Meridith said to The Independent. “The money is because of the exposure and the failure of the state to maintain the security of the data.”

Parson defended his call for prosecution in a Facebook post the day after his public statement. 

This information was not freely available and was intentionally decoded,” Parson wrote. “By the actor’s own admission, the data had to be taken through eight separate steps in order to generate a (Social Security number).”

This story has been updated to correct the spelling of Rep. Peter Merideth’s name. 

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Cyber Ninjas CEO refuses to testify at congressional hearing on Arizona ‘audit’ https://missouriindependent.com/2021/10/06/cyber-ninjas-ceo-refuses-to-testify-at-congressional-hearing-on-arizona-audit/ Wed, 06 Oct 2021 19:19:06 +0000 https://missouriindependent.com/?p=8294

Maricopa County ballots from the 2020 general election were examined and recounted by contractors hired by the Arizona Senate in an audit at the Veterans Memorial Coliseum in Phoenix on May 24, 2021. (Photo by David Wallace | Arizona Republic/pool photo).

WASHINGTON — When the U.S. House Oversight and Reform Committee holds a hearing Thursday to probe the so-called election “audit” in Arizona, the CEO of the company hired to conduct that controversial review will be absent.

Doug Logan, CEO of Cyber Ninjas, was asked to testify but told committee officials ahead of the hearing that he is refusing to participate, according to a press release from the panel Wednesday.

Logan’s unwillingness to testify comes after he and his company repeatedly refused to produce documents sought by the Oversight Committee, which is controlled by the Democratic majority in the House, as part of its investigation into the Arizona election review.

A spokeswoman for the House Oversight panel declined to comment on whether the committee will subpoena Logan, a step that is within the committee’s authority.

The result of the months-long review of ballots in Maricopa County was the same as the official outcome: President Joe Biden defeated former President Donald Trump in the county and in Arizona.

But election experts across the country have expressed alarm that the ongoing unsubstantiated claims of voting impropriety have undermined confidence in elections across the country.

“Consistent with Congress’s constitutional authorities, the committee is investigating the extent to which your company’s actions have undermined the integrity of federal elections and interfered with Americans’ constitutional right to cast their ballot freely and to have their votes counted without partisan interference,” wrote Democratic Reps. Carolyn Maloney of New York and Jamie Raskin of Maryland in a letter last month directing Logan to appear before their panel.

Thursday’s hearing will include testimony from two Republicans on the Maricopa County Board of Supervisors who opposed the “audit,” Chairman Jack Sellers and Vice Chairman Bill Gates.

Other witnesses will include a pair of election experts: David Becker, founder and executive director of the Center for Election Innovation and Research, and Gowri Ramachandran, senior counsel at The Brennan Center for Justice at New York University Law School.

A final witness, invited by the panel’s Republican members, will be Ken Bennett, a former Arizona secretary of state who served as a liaison between the Arizona state Senate and the companies hired for the ballot review

Bennett replaces an earlier invited GOP witness, Dr. Shiva Ayyadurai, an MIT-trained engineer and entrepreneur who has a history of promoting discredited and debunked conspiracy theories about the 2020 election, according to the Arizona Mirror.

Meanwhile, former Missouri Gov. Eric Greitens visited Arizona this week to signal his continued support of debunked conspiracies around the 2020 presidential election.

Greitens, who is running for U.S. Senate, posted videos on Twitter of him with an Arizona state legislator to tout the “first, quality audit of the 2020 election.”

“The mainstream media, and the left, are terrified,” Greitens said, “as are weak, woke RINOs.”

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Roadblocks facing Kevin Strickland’s innocence claim nothing new for Missouri https://missouriindependent.com/2021/09/03/roadblocks-facing-kevin-stricklands-innocence-claim-nothing-new-for-missouri/ Fri, 03 Sep 2021 10:55:27 +0000 http://missouriindependent.com/?p=7911

DOJ will create training and guidance for local school boards and school officials on how to report certain threats to the appropriate law enforcement agency (Getty Images).

Kevin Strickland was hopeful Thursday was going to be his first step towards freedom after 40 years in prison.

A new law that went into effect Aug. 28 gave Jackson County Prosecutor Jean Peters Baker a legal avenue to free Strickland, who she says is innocent and wrongly incarcerated.

But opposition from the Missouri attorney general’s office derailed those hopes, at least temporarily, as a court blocked a Thursday hearing that was supposed to begin the process that could have ended with Strickland being released.

It’s the latest twist in a long saga, and not only for Strickland.

The law he’s counting on was inspired by the legal travails of Lamar Johnson, who like Strickland has spent decades in prison for crimes prosecutors now say he didn’t commit.

Also like Strickland, efforts to free Johnson faced vehement opposition from Missouri Attorney General Eric Schmitt.

St. Louis Circuit Attorney Kim Gardner was rebuffed in her 2019 efforts to free Johnson, as the state Supreme Court agreed with Schmitt two years later that she didn’t have the authority to ask for a new trial for Johnson.

That’s why the Missouri legislature passed a measure in May that gives Missouri elected prosecutors the ability to file motions to dismiss murder convictions that they believe were unjust. 

Gardner’s office says it will soon use the law to get Johnson a new trial.

But she can likely expect Schmitt to once again oppose those efforts. Even with the new law in effect, Schmitt is working to block Backer’s ability to move forward in the Strickland case.

On Sept. 1, an appeals court granted Schmitt’s emergency petition to halt the hearing, after the lower court ruled that the attorney general didn’t have this power. Schmitt’s office has argued in court filings that Strickland was given a fair trial and he is guilty.

“Frustrating is the right word — that’s what this is,” Baker told reporters on Thursday about the delay. “You would think that 41 years is enough time for someone to investigate the claim.”

Now Strickland’s hearing will be Sept. 13 at 2 p.m. at the Jackson County Courthouse. 

“The Western District Court of Appeals is setting dangerous legal precedent that the Attorney General is using to needlessly delay justice for the wrongfully imprisoned,” said Senate Minority Leader John Rizzo, D-Independence, who help craft the law earlier this year.

The law doesn’t give the attorney general the power to file motions pertaining to the evidentiary hearing, Rizzo said, and a conclusion the lower court found as well. The law carves out a “limited role” for Schmitt — who has no jurisdiction in Jackson County. That includes attending a hearing, questioning witnesses and making arguments. 

“This ruling creates new powers out of thin air while ignoring both the letter of the law and the legislative intent behind it,” Rizzo said.

Not a surprise

Missouri Attorney General Eric Schmitt speaks to a gathering of Missouri Highway Patrol officers in April 2021 (photo courtesy of the attorney general’s office)

Baker filed a 25-page motion Monday to dismiss Strickland’s murder conviction, arguing that “clear and convincing” evidence shows he’s innocent. 

“Most of us have heard the famous quotation that ‘injustice anywhere is a threat to justice everywhere,’” Baker said in a statement after the filing. “Kevin Strickland stands as our own example of what happens when a system set to be just, just gets it terribly wrong.”

In her motion to set aside Strickland’s conviction, Baker wrote that the key witness realized that she was mistaken in her identification of Strickland within a  year of his conviction. And the two other men convicted of the crime said Strickland wasn’t involved. 

Chris Nuelle, a spokesman for the attorney general, doesn’t believe Strickland is innocent.

“Three victims were slain 40 years ago. Kevin Strickland was convicted of those crimes by a jury, and the Supreme Court recently denied his habeas petition. Those victims deserve justice.”

Two days before Strickland’s scheduled hearing, the attorney general’s office filed a motion asking the judge and the entire Jackson County Circuit Court to disqualify themselves from hearing the case. The circuit judge sided with Baker. 

But Schmitt won a delay in the appeals court. 

For those closely watching this high-profile wrongful conviction case, the opposition was expected

For decades, the Missouri Attorney General’s Office — whether led by a Republican or Democrat — has had a blanket policy of opposing any requests for relief in wrongful conviction cases.

According to an investigation by the nonpartisan news nonprofit Injustice Watch, the office has opposed calls for relief in nearly every wrongful conviction case that came before it and has been vacated since 2000.

Former Missouri Supreme Court Judge Laura Denvir Stith raised this concern in a concurring opinion in the Lamar Johnson case.

Stith wrote that in the last decade, the Missouri Supreme Court and the Court of Appeals have granted post-conviction relief or issued writs of habeas corpus that have vacated the convictions of more than 10 people. 

In every case, she said, the attorney general has opposed that relief. 

The attorney general’s stance was that he was “required” to oppose Johnson’s attempts to obtain a hearing on his newly discovered evidence, so he didn’t show bias to Johnson.

“In suggesting it is his duty, and that of the circuit attorney, as representatives of the state, to oppose a request for habeas or similar relief, the attorney general misunderstands the full extent of the prosecution’s role in the justice system,” Stith wrote.

Lindsey Runnels, the attorney for Johnson, has been watching Strickland’s proceedings to watch the first test of the new law.

“It is exactly what Lamar Johnson’s case made clear,” Runnels said, “that we were without adequate mechanisms for prosecutors who took their role as ministers of justice seriously and wanted to do something when faced with a case like this.”

In 2019, Gardner filed a 67-page motion that she claims provides evidence that the homicide detective in the case made up witness testimonies for the police report that was entered into evidence. Witnesses were not aware of the changes until later.

Documents included in the motion allege that an assistant circuit attorney paid off the only eyewitness and cleared some of his outstanding tickets. 

Gardner’s spokeswoman said she will file a motion in Johnson’s case soon.

“The Circuit Attorney is finalizing next steps in this case and will be presenting evidence in court to deliver the justice that Lamar Johnson deserves,” spokeswoman Allison Hawk told The Independent in an email.

Johnson is currently battling with Schmitt over his habeas corpus petition, which could lead to more long delays. 

“When Johnson gets a fair hearing, there’s no question that this conviction violates the Constitution in so many ways,” she said. “It’s just getting that fair hearing.”

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Spire claims ‘fatal consequences’ if feds allow St. Louis pipeline to be shut down https://missouriindependent.com/2021/07/29/spire-claims-fatal-consequences-if-feds-allow-st-louis-pipeline-to-be-shut-down/ Thu, 29 Jul 2021 20:17:45 +0000 http://missouriindependent.com/?p=7539

The Spire STL Pipeline can keep operating through this winter under a temporary certificate from the Federal Energy Regulatory Commission. (Getty Images)

The largest natural gas utility in Missouri claims its customers could face “potentially fatal consequences” if it is not allowed to continue operating a pipeline in St. Louis while a federal commission reconsiders its earlier approval. 

The Spire STL Pipeline, an affiliate of Spire Missouri, petitioned energy regulators earlier this week for a temporary emergency certificate to keep transporting natural gas on the pipeline for now. 

Spire’s STL Pipeline, a 65-mile gas pipeline from Illinois into Missouri, has been in operation since 2019. But it faces a ruling from a federal court panel saying regulators improperly granted approval to the pipeline. 

The company maintains the pipeline was a necessary step to improve reliability. Without it, Spire claims as many as 133,000 customers could have lost gas service during a February cold snap that forced hours-long electrical outages in Kansas City and wreaked havoc in Texas.

“Due in large part to the STL Pipeline, St. Louis avoided those impacts,” Spire STL Pipeline says in its filing. “The (Federal Energy Regulatory) Commission must assure that customers who depend on this important gas infrastructure are not suddenly left without it — particularly as another winter season approaches.”

Now, Spire is asking regulators to let the pipeline keep operating while the federal commission deals with the order from a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit, which struck down the Federal Energy Regulatory Commission’s approval of the pipeline and remanded the case to FERC for further review. 

State regulators with the Missouri Public Service Commission opened an investigation Thursday into Spire’s petition, citing the company’s warning of service shutdowns.

“Loss of the STL pipeline will have a detrimental impact on the health and safety, the prosperity and the property of the St. Louis community, particularly the communities that are most vulnerable,” said Sean Jamieson, general counsel for the STL Pipeline.

Jamieson said without the STL pipeline, up to 175,000 Spire customers would be at risk of losing service when temperatures dip below 9 degrees. At that point, the utility would have to pull from its reserves. If it had to deplete reserves completely, he said, service for as many as 400,000 customers could become unreliable at temperatures as warm as 38 degrees. 

“So the gravity of the circumstances is severe,” he said.

Before the pipeline, Jamieson said, Spire Missouri was largely dependent on natural gas purchases from Texas and Oklahoma, which have become more competitive in recent years. The pipeline allowed the utility to diversify the regions it was buying natural gas from. After it became operational, the company had less need for capacity on pipelines from Texas and Oklahoma and stopped purchasing it. Now, it doesn’t have access to that capacity. 

Spire’s pipeline first won approval in 2018 from FERC, which then denied a request from the Environmental Defense Fund for a rehearing. The nonprofit appealed FERC’s approval in January 2020, saying the agency had not rigorously studied the need for the pipeline. 

In a statement Thursday, EDF’s senior director and lead counsel on energy markets and utility regulation, Natalie Karas, said the court ruled FERC “failed to consider evidence of self-dealing and failed to demonstrate the pipeline was necessary.” But Spire STL chose to proceed anyway, Karas said. 

“This is a problem of Spire STL’s own making,” Karas said. “No one has suggested that service to St. Louis customers should be compromised. At the same time, customers must be protected from costs and risks associated with unnecessary infrastructure.” 

Such an authorization, Karas said, “should be carefully scrutinized based on facts, not fear.” 

Pipeline history 

Spire announced its intent to build the pipeline in 2016 and invited natural gas “shippers” to enter contracts for the gas the pipeline would transport. None committed, according to the appeals court order. 

Under the Natural Gas Act, for FERC to issue a certificate for a gas company to build, it must find that the pipeline “is or will be required by the present or future public convenience and necessity.” 

But with no outside companies to work with, Spire entered a “precedent agreement” with one of its own affiliates for 87.5% of the pipeline’s capacity. 

FERC approved a certificate for the pipeline in 2018, and EDF requested a rehearing, which FERC denied. EDF then appealed the decision.

The three-judge panel agreed with EDF, saying the nonprofit had “identified plausible evidence of self-dealing.”

Jamieson said the pipeline company has until Aug. 6 to request a rehearing by the court of appeals. He did not say directly whether it planned to do so but that it would pursue all regulatory and legal paths to secure energy reliability for St. Louis.

If there is no rehearing, he said, the timeline for when the pipeline could have to shut down — if it doesn’t have an emergency certificate from FERC — could vary.

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My daughter is enrolled in Pfizer’s vaccine trial because I don’t trust COVID https://missouriindependent.com/2021/07/20/my-daughter-is-enrolled-in-pfizers-vaccine-trial-because-i-dont-trust-covid/ Tue, 20 Jul 2021 14:00:13 +0000 http://s37744.p1438.sites.pressdns.com/?p=7409

COVID-19 vaccine is stored at -80 degrees celsius in the pharmacy at Roseland Community Hospital on Dec. 18, 2020, in Chicago, Illinois (Photo by Scott Olson/Getty Images).

On a sunny Wednesday a little over a month ago, my 7-year-old daughter bravely held my hand as we walked into Children’s Mercy Hospital in Kansas City to participate in a pediatric vaccine trial

After a numbing agent, a blood draw and a nasal swab, she was finally injected with either a placebo or the first dose of the Pfizer COVID-19 vaccine. She did it all without shedding a tear — quite an accomplishment for a little girl who once kicked a nurse while trying to fend off a dreaded needle. 

We waited 30 minutes to ensure there were no adverse reactions and we were sent home to document our experience via a secured app.

Taylor Hirth’s daughter shortly after her first shot as part of the Pfizer pediatric COVID vaccine trial (photo submitted).

Earlier this year when various outlets reported that Children’s Mercy had launched a registry for those interested in participating in the pediatric vaccine trial, I raced to volunteer her. I had not yet been able to get myself vaccinated when I signed her up for the trial.

I am sure there are some people who cannot fathom allowing their children to participate in medical research. I understand their hesitation.

I am not one of those parents.

Having contracted and survived COVID myself in December, I know first-hand the impact the long term side effects can continue to have long after the virus has left the body.

Since then, I’ve dealt with bouts of vertigo, waves of fatigue and a strange sensation that makes me feel like I need to periodically hold in deep breaths. I have friends who still haven’t completely recovered their sense of taste or report that everything now tastes like metal or garbage. I know others who have developed other strange and inexplicable health issues since recovering who are still trying to find an explanation and relief. I wanted my daughter to have some bit of protection against these possibilities.

When this coronavirus first hit, we knew little and the information roll out was chaotic at best. But with time and data, scientists have been able to determine a lot of factors with much more certainty. We now know that COVID can injure organs beyond the lungs. We know that the heart and brain can experience lasting damage. It can increase the chances of blood clots and weaken blood vessels. So many people do not realize that even though you may survive a mild bout with this virus, that doesn’t mean you’re out of the woods.

I understand that, as with any medical trial, there are risks. I fault nobody for having concerns. I had my own. I did an extensive amount of research about the safety of vaccine trials and about the process with which this particular vaccine was developed and approved for adults, and came to the conclusion that there was minimal chance of major side effects. 

I had also participated in a number of medical trials for extra cash as a college student, so I was familiar with the safety standards and protocols. This was all within my level of comfort. 

But beyond being okay with it as a mother, I also needed to know my daughter was okay with it herself.

We often discuss things like boundaries and consent, so it was important to me that she understood what a COVID vaccine trial would entail, and that she wanted to participate of her own free will. 

I explained what was expected and told her about the possible risks. She asked if it would hurt, and I compared it to when she got a flu shot this past winter. She asked if it would help protect her from COVID. I told her it might, but that she might get a pretend shot instead, and we would just have to continue to be careful until we knew for sure. 

Then, always the negotiator, my daughter used the trial as an opportunity to bribe me with her participation.

“If you buy me a new doll at Target, I’ll do it.” 

It wasn’t a hard sell.

I decided to enroll my daughter in the trial because I trust scientists and doctors. 

My father is immunocompromised, dealing with a rare form of leukemia, and I have close friends who also have compromised immune systems due to cancers and other chronic illnesses that once might have been considered a death sentence. The fact that they have treatments that at one point in time were experimental which now prolong the lives of those I love speaks volumes to the immeasurable contribution of medical research. 

I trust the research and science because people I love have benefited from it. I have benefited from it. I know scientists and doctors personally who went into the profession because they truly care about public health and wanted a career doing something that would better the lives of people in their community. I just cannot believe that most medical professionals are participating in some great conspiracy for vague political or financial gains.

But mostly, I am choosing to trust the doctors and the scientists because, even though they may not have all the answers, I do not trust the virus.

 I do not trust a virus that so many people claim is nothing but the flu. 

I do not trust a virus that steals the senses of some people while others are left gasping for their last breath.

 I do not trust a virus that kills some and leaves others unmarked. 

I do not trust a virus that came to me in the form of varying symptoms, each day different than the last, completely unpredictable. 

I do not trust a virus that still rears its ugly head in dizzy spells, waves of exhaustion, and moments with an empty memory. 

The longer it takes for us to reach herd immunity, the more opportunities this virus has to mutate into a strain that is vaccine resistant, more deadly or more contagious, and put us right back at square one, in forced isolation, staring endlessly at screens. 

I will do whatever it takes to avoid going back into that abyss.

For now, my daughter continues to wear her mask while she’s out in public, as do I. We’ll probably continue to do so right up until we are unblinded on the day before Christmas Eve and finally find out whether she received the vaccine or the placebo. 

By the grace of God, she never tested positive during or after my bout with COVID, despite the fact that, as a single mother, she was in constant and close contact with me during my most contagious period. So now we take that bit of luck and we pass it on, in hopes that her small discomfort can help provide the necessary research and data to prove the safety and efficacy of this vaccine, and so that children around the world can finally be protected from this miserable virus. 

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Parson signs bill helping utilities shutter coal plants, transition to renewable power https://missouriindependent.com/2021/07/06/parson-signs-bill-helping-utilities-shutter-coal-plants-transition-to-renewable-power/ Tue, 06 Jul 2021 19:00:24 +0000 http://s37744.p1438.sites.pressdns.com/?p=7262

(Photo by Sirisak Boakaew/Getty Images)

Missouri utilities will be able to shutter more coal plants, speeding their transition to renewable energy, under a bill signed by Gov. Mike Parson Tuesday. 

Parson, a Republican, signed into law a policy known as “securitization,” which allows utility companies to refinance debt they issued to build coal plants and close the facilities early without taking a financial hit. With the savings, they can invest in more renewable energy projects, including wind and solar farms. 

“It’s just another tool in the toolbox that utilities can use to refinance their burdensome coal debt and use the savings to invest in clean energy and create jobs right here in Missouri,” said Andy Knott deputy regional director for Sierra Club’s Beyond Coal Campaign. 

But at the same time, Parson signed legislation prohibiting local governments from banning natural gas hookups on newly-built buildings, a policy Knott says will “limit our ability to address climate change in Missouri.”

He called it an “affront to local control.” 

Electrifying buildings, Knott said, is important to limit greenhouse gas emissions that come from burning natural gas.

“That’s really what we need to do as a nation in order to avert the worst impacts of climate change,” Knott said. 

Securitization is the rare issue that brings together monopoly utility companies, environmentalists and industrial groups. Advocates have long said it would be a game changer for the environment to help utilities transition away from coal, which releases huge amounts of greenhouse gases. Proponents also argue it will save Missouri residents huge sums on their utility bills. 

Securitization doesn’t require utilities to shut down coal operations. It only offers a financial incentive to do so. 

Kansas adopted similar legislation this spring, which Gov. Laura Kelly, a Democrat, signed into law. The Kansas legislation also allows utilities to stretch over time the exorbitant natural gas bills generated when prices spiked amid a deep freeze in February that forced rolling blackouts. 

Both Evergy and Ameren supported the securitization legislation in Missouri. Both companies have stressed, though, that they have plans to reach net-zero carbon emissions that do not rely on securitization.

Ameren plans to invest $8 billion in renewable energy between now and 2040 and achieve net-zero emissions by 2050.

Ameren Missouri is committed to clean and our plan focuses on getting the energy we provide our customers as clean as we can, as fast as we can, without compromising on affordability or reliability,” said Warren Wood, vice president of regulatory and legislative affairs for Ameren Missouri. “Securitization has the opportunity to be a useful tool in the future.”

Evergy pledges net-zero by 2045, again, without securitization. But it plans to operate some coal plants beyond 2040.

In a statement, Evergy communications manager Kaley Bohlen said the company appreciated Missouri’s passage of securitization.

“Utilities and the Missouri Public Service Commission gained a valuable tool that will save money for customers related to the retirement of aging power plants and unusual events like the February winter storm,” Bohlen said.

Both Ameren and Evergy have filed integrated resource plans with Missouri regulators. Collectively, the two companies are looking at retiring two coal plants by 2025 — the Lawrence Energy Center in Lawrence, Kan., and the Meramec Power Plant in St. Louis.

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Endangered fish, leaching ash ponds: Environmental groups oppose Missouri coal plant permit https://missouriindependent.com/2021/07/02/endangered-fish-leaching-ash-ponds-environmental-groups-oppose-missouri-coal-plant-permit/ Fri, 02 Jul 2021 17:07:12 +0000 http://s37744.p1438.sites.pressdns.com/?p=7246

The Labadie Energy Center sits on the Missouri River in Franklin County (Courtesy of Ameren Missouri).

For years, Lisa Zerbe said she biked, rode horses and ran near Ameren Missouri’s largest coal-fired power plant in Franklin County because she “naively believed” state environmental regulators were protecting citizens from pollution. 

Now, she won’t. 

“It is truly a disheartening feeling of betrayal from an agency in my younger years I would have imagined would have had the environment’s best interest in the fore,” Zerbe said Thursday evening. 

Zerbe, along with a dozen other residents and an environmental clinic at the Washington University in St. Louis, during a virtual public hearing asked the Missouri Department of Natural Resources to withdraw a proposed permit for the Labadie Energy Center and require Ameren to invest in technology to better protect the Missouri River and groundwater in the floodplain. 

“Our health should be more important than a big company and their bottom line,” said Jane von Kaenel, a St. Louis County resident who attended the meeting. “We need a department that stands up for us, that protects the environment and serves all Missourians.” 

The Labadie plant, a four-unit coal plant adjacent to the river, is the state’s largest. It’s been operational since the 1970s, and an environmental attorney who spoke at the meeting said its permit has been “poorly mismanaged for decades.” 

For 16 years, from the late 1990s until 2015, it was allowed to operate under an expired permit and a variance from the 1970s that allows it to periodically break water quality standards for hot water it discharges into the Missouri River.

When DNR reissued the permit in 2015, the Sierra Club appealed the variance component. That appeal was heard by the state’s Administrative Hearing Commission two years ago, but it has yet to rule. 

Those wishing to comment on the permit have until the end of the day on July 14. 

Comments can be mailed to the Missouri Department of Natural Resources Water Protection Program — ATTN: NPDES Operating Permits/Permit Comments — at P.O. Box 176, Jefferson City, MO, 65102-0176. They can also be submitted via email at publicnoticenpdes@dnr.mo.gov. Comments must include the permit number: MO-0004812.

Now, DNR is on the verge of issuing Ameren another permit that environmental groups claim would violate federal clean water rules. Because of the interest in the permit, DNR extended the public comment period until 5 p.m. on July 14. 

For its part, Ameren defends the permit provisions, saying it is using the best technology and monitoring to protect the environment. 

“We hunt, fish and recreate in the Missouri River just like everybody else does, so in the end, environmental stewardship is a big pillar of our company and something that we take very, very seriously,” said Craig Giesmann, senior manager for environmental services at Ameren.

Protecting the Missouri River

Coal plants like Labadie are required to have permits limiting the substances they can release into the air and water. Up for renewal now is Labadie’s water permit. 

A main point of contention is Labadie’s use of water from the Missouri River to cool the plant. The water, often well over 100 degrees, is discharged back into the river. 

Environmental groups say the hot water plume jeopardizes the endangered pallid sturgeon. The U.S. Fish and Wildlife Service wrote to DNR last year expressing its concern and recommending enhanced monitoring for the fish, which can be difficult to identify.

Neighbors and environmentalists want Ameren to invest in a system that would recycle the cooling water, which would cut down drastically on the amount of hot water a power plant discharges into the river. 

Tara Rocque, assistant director of the Interdisciplinary Environmental Clinic at Washington University in St. Louis, pointed to Ameren’s profits, saying the utility is harming the environment rather than making upgrades.

“They should be investing that money into improving the facility as opposed to just pocketing those profits and destroying our river,” she said. 

DNR says Ameren is not required to make changes because the hot water from Labadie isn’t harming the river or wildlife. Ameren agrees.

“The bottom line is that the once-through cooling has no adverse impact on wildlife due to the operations at Labadie,” Geismann said, adding that the company had studied the fish both upstream and downstream of the plant.

But Peter Goode, an environmental engineer at the Washington University clinic, says DNR is ignoring USFWS’s concerns about the type of study being done to find the fish and instead speculating in favor of Ameren about how prevalent sturgeons are in the stretch of the river near Labadie. 

The Washington University clinic has been handling the Sierra Club’s appeal of the 2015 permit and variance. The appeal has been in the final stage — simply waiting for a ruling from the Administrative Hearing Commission — for two years. 

Now that Ameren is on the verge of getting a new permit, it has filed to dismiss the appeal as moot, saying the Sierra Club failed to appeal the variance approved by the Clean Water Commission in 2020 and missed its opportunity to object.

Rocque said that’s incorrect.

“It would be an incredible abuse of discretion for the Administrative Hearing Commission … to dismiss a case as moot based on their own administrative delay,” Rocque said. 

Toxic coal ash ponds

Rocque also says the plant is failing to follow a recent U.S. Supreme Court Ruling governing groundwater pollution

That ruling, which came from a dispute in Hawaii, decided that entities discharging potential pollutants into groundwater must get a permit if the discharge is the “functional equivalent of a direct discharge from the point source into navigable waters.” 

In Ameren’s case, environmentalists argue, that means it needs permits to govern its coal ash ponds because the groundwater near the plant flows toward the Missouri River and could carry toxins like arsenic and boron from the coal waste to the water. The ash ponds have been leaching for decades.

Instead, DNR is requiring Ameren to test for chemicals and study the groundwater flows near the plant. 

“Frankly, it allows Ameren to delay compliance with the Clean Water Act and serves no other purpose,” Rocque said. 

Geismann said the Supreme Court case is contemplated in conditions of the permit requiring Ameren to do more study.

“Those are specific actions that Ameren has to take in response to groundwater,” Geismann said, adding that Ameren is doing “exactly what’s required.” 

At another plant, Geismann said the company is pumping out groundwater from ash ponds and treating it. Ameren plans to expand that effort to Labadie, he said. 

For residents near Labadie, this permit is the latest in their fights to clean up Labadie. Patricia Schuba has volunteered with the Labadie Environmental Organization since neighbors organized a decade ago to fight a proposed coal ash landfill. 

She said she didn’t realize the impact of the plant until she started digging in. 

“I would look at the stacks down there,” Schuba said, “and I would just assume somebody was monitoring.”

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Some of Missouri’s largest CAFOs are seeking less stringent state regulation https://missouriindependent.com/2021/06/23/some-of-missouris-largest-cafos-are-seeking-less-stringent-state-regulation/ Wed, 23 Jun 2021 14:00:08 +0000 http://s37744.p1438.sites.pressdns.com/?p=7126

In 2019, Missouri had more than 500 CAFOs, according to the Missouri Coalition for the Environment (Photo by Scott Olson/Getty Images).

Eleven of Missouri’s largest concentrated animal feeding operations are working to reduce the state’s oversight of their hog facilities despite a record of manure spills and clean water violations. 

Smithfield Foods, the world’s largest pork producer, has 11 CAFOs seeking new state permits. 

The facilities, dotted across northern Missouri, combined are capable of raising more than 880,000 hogs. Each facility consists of multiple farms with barns that have slatted floors to allow hog waste to fall through into a pit before being pumped out to a lagoon. 

In recent years, there has been significant pushback toward some large Missouri CAFOs as state law and regulations have become more lax. Neighbors say they can have detrimental effects on rural communities from the smell of hog waste and spills that can pollute waterways. 

And many of the Smithfield facilities have a long history of spills. 

“The Smithfield operations in the three decades of its history is the worst agricultural polluter in Missouri history, period,” said Scott Dye, a research and reports specialist for the Socially Responsible Agriculture Project, adding that he had “never seen an outfit like this.” 

Smithfield is seeking to change the state’s oversight in two ways. 

First, it installed scrapers in its barns at several facilities to remove manure without flushing the facility with water, which means the Missouri Department of Natural Resources would only inspect the facilities once every year rather than every quarter. 

Second, the company applied with DNR for general operating permits rather than site specific ones for 11 CAFOs, which environmental groups say could result in more lax state oversight. All 11 CAFOs are Class 1A, Missouri’s largest designation, which are allowed more than 17,500 swine over 55 pounds or 70,000 swine under 55 pounds — or some combination. 

Only 18 of the state’s more than 500 CAFOs are Class 1A facilities, and right now, all are governed by site specific permits.

“These are all class 1A facilities…They have tens of thousands of animals as it is. Many of them have violations,” said Sophie Watterson, a rural justice organizer for the Missouri Coalition for the Environment.

“We feel like these facilities, all CAFOs, have potential to cause pollution to our waters, and we need to regulate them as strictly as possible,” she said. 

The public comment period for most of the applications is now closed. But DNR will accept comments on one facility — Somerset Farm in Mercer County — through Wednesday at 5 p.m. Then DNR will review the comments on the application before rendering a decision. 

Heather Peters, the industrial permitting unit chief in DNR’s water protection program operating permit section, said she could not put a timeframe on that decision. Peters had not yet read all of the myriad comments filed on Monday, but said on Tuesday the groups that commented had “spent a lot of time and consideration” on their filings.

She said DNR wanted to put a lot of time into considering those comments.

“I think they’ve raised some really good questions that we need to take a look at,” Peters said. 

Smithfield did not provide a statement or interview on Tuesday.

Missouri’s DNR has not yet fulfilled a Sunshine Law request from The Missouri Independent for all the public comments submitted during that window. 

History of pollution

Just a few months ago, Smithfield’s Somerset Farm spilled an estimated 350,000 gallons of hog manure and wastewater because an employee left a valve on, draining the lagoon and polluting between 12 and 15 miles of nearby creeks and tributaries, according to DNR records. 

In some places sampled by DNR inspectors, ammonia in the water was 15, 20 or even 30 times the safe limit for fish and wildlife. 

Photos included in an inspection report of the facility show water that’s nearly black, and the inspector reported a strong swine stench.

DNR investigators referred the issue to their water quality enforcement office, something environmental groups say is rare for the agency, which prefers to resolve issues through cooperating with businesses rather than more heavy-handed enforcement. 

As DNR accepted public comments on Somerset’s request for a general operating permit, some groups questioned whether the department could grant it given the violation. 

“At this point in time, we are reviewing that,” Peters said. “We are going to review the enforcement and inspection aspects of these facilities as we review and determine what our permit decision will be.”

But Somerset is far from the only Smithfield facility to run afoul of DNR’s rules in recent years. 

In 2015, the company’s Terre Haute farm had multiple spills affecting neighboring property and was issued two letters of warning. And in 2016, the farm received another warning after an inspector observed blood trickling from a truck meant to haul off dead hogs and other troubling findings. 

“I observed trash in each lagoon, which was primarily made up of semen tubes, aerosol cans, and hog markers… I observed at least 25 dead pigs in the lagoon at Site #1 and at least 20 in the lagoon at Site #3,” an inspection report about the incident says. 

In the last 10 years, seven of the 11 CAFOs have been issued either a letter of warning or notice of violation, according to DNR’s online database. 

Across all the farms, it’s not uncommon for plumbing lines meant to carry hog manure and wastewater from the bottom of barns into the lagoon to get clogged, resulting in spills that are then collected in a backup or “secondary” containment. 

Watterson said it’s important to have those backups but that even spills that are contained are indicative of the facilities’ waste management practices.

Fewer inspections

With Smithfield’s installation of barn scrapers to allow it to only be inspected once a year, environmental groups are fearful potential violations won’t be caught. The inspection frequency, though, is laid out in state statute, not decided through the permitting process. Even so, Peters said staff would consider it as it reviews the applications. 

Watterson said for DNR to allow Smithfield to switch to general permits, which make up the vast majority of Missouri CAFOs, would set a precedent. 

“It does set a standard that even the largest operators, even those who have discharges reported, don’t need to comply with the highest level of regulation,” she said. 

In written comments, the Missouri Coalition for the Environment (MCE) said general permits don’t reflect specific details of the facilities they cover and “will not adequately protect surrounding water bodies from unregulated discharges.”

“MCE urges DNR and (the Clean Water Commission) to protect Missouri’s water quality by regulating CAFOs — especially Class IA facilities such as these — under the most stringent permits available and to deny these applications for General NPDES permits.”

Both MCE and the Socially Responsible Agriculture Project have asked DNR to hold public hearings on the permits and extend the public comment period. The 11 permits posted online, each with between 60 and 90 pages of information, were available for public comment for just over two weeks. 

That’s not enough time for someone who lives near a facility to decipher the long, complex technical documents and prepare comments, Watterson said. 

And because Smithfield isn’t expanding or modifying the facilities, there was no requirement that neighbors be notified of the change. SRAP said in its comments there wasn’t enough public awareness for DNR to grant the permits. 

“Neighbors and community members need to know how this change will affect their ability to participate in permit renewals from this point forward,” the group said, “and what they can expect from the Department in terms of inspections, annual reports, and responses to spills.”

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Missouri, Kansas utilities may use loophole to charge customers for fossil fuel lobbying https://missouriindependent.com/2021/06/07/missouri-and-kansas-utilities-may-use-loophole-to-charge-customers-for-fossil-fuel-lobbying/ Mon, 07 Jun 2021 10:55:34 +0000 http://s37744.p1438.sites.pressdns.com/?p=6966

The Spire STL Pipeline can keep operating through this winter under a temporary certificate from the Federal Energy Regulatory Commission. (Getty Images)

KANSAS CITY — Missouri and Kansas residents’ utility bills may be helping to bankroll energy sector lobbying against policies aimed at lowering greenhouse gas emissions.

Federal and state rules prohibit utility companies from passing their lobbying costs on to customers through bills. But in both Kansas and Missouri, utilities like Evergy, Ameren and Spire can include memberships in national trade groups in what residents pay for electricity and gas.

And while utilities are required to carve out those organizations’ lobbying costs, even the remaining sum they are allowed to pass on to customers can go toward efforts that shape major policy, according to environmental groups pushing federal regulators to adopt more stringent policies. 

“Millions of Americans may be unwittingly contributing to political advocacy on the behalf of fossil fuel interests when they pay their monthly bills,” said Rachel Golden, director of the Sierra Club’s clean buildings campaign, “and it’s totally inappropriate for utilities to be bankrolling industry group dues and anti-climate lobbying with customer energy bills.” 

The Center for Biological Diversity filed a petition earlier this year with the Federal Energy Regulatory Commission in an effort to make it more difficult for utilities to pass on those fees. Other environmental groups, like the Sierra Club, joined in, claiming national energy industry trade groups, like the American Gas Association and Edison Electric Institute, work on influencing policy using members’ fees — not just dedicated lobbying funds. 

The move comes as more than a dozen states across the country, including Kansas and Missouri, passed legislation prohibiting cities and counties from adopting bans on natural gas hookups in newly constructed buildings. The environmental groups, which vehemently oppose the legislation, say the AGA played a role in helping shape bills introduced around the country.

In turn, they claim, utility customers helped finance the campaign. 

“In allowing utilities to categorize trade association dues in presumptively recoverable … accounts, regulators often end up enabling utilities’ evasion of legal prohibitions on the recovery of promotional and political advertising expenses, thereby forcing ratepayers to bear the cost of advocacy that is not in their interests,” the Sierra Club, Earthjustice and other environmental groups said in a filing with FERC. 

Both EEI and AGA pushed back against those claims. 

Electrical providers, including Evergy and Ameren, belong to EEI. Both Ameren and Spire are members of AGA. 

“This filing isn’t about what’s good for the environment or what’s good for electricity customers,” EEI’s vice president of regulatory affairs, Adam Benshoff, said in a statement.

Benshoff said EEI’s member companies have led the charge in reducing carbon emissions. 

“To suggest that EEI and our member companies are ‘anti-clean energy’ is disingenuous and inconsistent with the facts,” Benshoff said. “Likewise, to suggest that EEI member company dues are used to pay for lobbying is flat out wrong.”

Utilities and lobbying

In both Kansas and Missouri, utility companies are prohibited from passing their lobbying costs on to customers. But they can pass on their trade association memberships — at least in part. 

The Kansas Corporation Commission allows up to just 50% of trade association dues to be passed on, said Jake Fisher, a spokesman for the commission.

The Center for Biological Diversity, Sierra Club and others want those costs to be borne by the utility by default, placing the burden on the company of proving costs are appropriate to include in customers’ rates.

Earthjustice, the Sierra Club and others submitted comments in support, saying utility trade associations “act in the interests of their corporate members, which are often contrary to the interests of those members’ captive ratepayers.” 

The group specifically cited the American Gas Association and the Edison Electric Institute. 

Those trade organizations can provide information and education to their members. But regulators with both the Kansas Corporation Commission and Missouri Public Service Commission have to sort through, at times, what costs are appropriate. 

Right now, Spire, which provides natural gas to households around Kansas City and St. Louis and much of western Missouri, has a rate increase request pending before the PSC. 

Spire submitted a detailed explanation of why it needs a rate increase. In response, PSC staff said it had included its membership dues to the Missouri Energy Development Association, which staff said was “engaged in governmental affairs and lobbying activities on behalf of Missouri regulated utilities on an ongoing basis.”

“These types of costs primarily benefit Spire shareholders and should therefore be absorbed by the shareholders of Spire,” the report says. 

MEDA testified in favor of Missouri’s bill barring cities from adopting prohibition on new natural gas hookups.

Spire set aside about 6% of its fee to the AGA as lobbying, but the rest could be allowed to be considered as part of gas customers’ rates. 

In a statement, Spire said it was “focused on providing customers the affordable, reliable and clean energy they need.” 

“Our membership with the American Gas Association advances that goal,” said Jason Merrill, a spokesman for Spire. “The AGA’s support of initiatives such as (Low Income Home Energy Assistance Program), energy efficiency and safety helps us keep Missouri customer bills lower and our systems safer, and we would not be supportive of an effort impacting these benefits to customers.”

Kansas Gas Service’s parent company, ONE Gas, is a member of AGA, the company said in an email, allowing it to connect with more than 200 fellow local natural gas companies “to share industry-wide best practices on safety, reliability, affordability and how to best use natural gas and our delivery systems as part of a cleaner energy future, which will require many types of energy sources collaborating together.”

“As a local distribution subsidiary of ONE Gas, Kansas Gas Service and its customers similarly benefit,” said Leah Harper, corporate communications manager. “All of our expenses, including professional organization memberships, are disclosed to the Kansas Corporation Commission.”

KGS supported the preemption bill on natural gas prohibitions in Kansas. It said it wasn’t aware of AGA being involved.

Evergy, which provides electrical power to Kansas City and much of western Missouri, sought during its 2018 rate case to pass the cost of its Edison Electric Institute on to customers. 

Evergy did not respond to multiple requests for comment.

FERC has not ruled on the Center for Biological Diversity’s petition, and if it does, it wouldn’t necessarily affect most utilities. FERC has jurisdiction over utility organizations that do business across state lines, like the Southwest Power Pool, the regional transmission organization Evergy belongs to. 

But the Center for Biological Diversity said FERC’s rules serve as the industry standard for state-level regulators that govern local utility companies.

Fight over natural gas

A major part of the Center for Biological Diversity’s claim deals with the push to bar cities from adopting natural gas prohibitions. 

It’s not clear any city in Kansas or Missouri was considering such a policy. Instead, legislators repeatedly invoked Berkeley, California, the first city in the country to pass what environmentalists call “electrification.” 

Supporters of the requirement say it’s essential to reduce greenhouse gas emissions from powering buildings to prevent the most harmful impacts of climate change. And they argue that local governments, not states, should get to make those decisions for their communities. 

But opponents, including the natural gas industry and some consumer advocates, say customers should get to choose, and that limiting access to natural gas could push energy prices up.

This spring, both Kansas and Missouri passed legislation barring the cities from implementing the bans. In a Missouri Senate hearing, Sen. Eric Burlison, a Battlefield Republican, specifically invoked Berkeley. 

“These radical policies have cost their citizens hundreds and thousands of dollars and have taken their right to choose an energy source away from them,” Burlison said. 

In its comments to FERC, the Sierra Club pointed to a various campaigns by the American Gas Association that, taken together, it says work against customers’ interests. 

And it claims AGA only defines a small part of its work as “lobbying,” which allows utilities to include most of the membership fee in customers’ rates. As a result, customers can end up paying for AGA advocacy.

For example, AGA advocated against stronger Department of Energy rules for efficiency of water heaters, a way the “gas industry keeps itself relevant” in a market where electric alternatives are better, the group wrote. 

“This advocacy to preserve gas throughput comes at significant costs, but those costs would not be included in AGA’s tally of ‘lobbying’ costs for tax purposes,” Earthjustice and the Sierra Club wrote.

In a statement, AGA did not directly address the lobbying issue, but said it exists to serve local gas distribution companies and help them improve service to customers. 

AGA is committed to help improve member companies’ safety, reliability, and environmentally responsible practices, and to support cost-effective and efficient delivery of natural gas by sharing industry-wide best practices and avoiding an unnecessary ‘learning curve,’ ” the company said. 

As to the ban on natural gas prohibitions, the group said it “will absolutely oppose any effort to ban natural gas or sideline our infrastructure anywhere the effort materializes, statehouse or city steps.” 

But the organization said that was “not counter to the environmental goals we all share.” 

While direct influence by national trade organizations was not apparent in Kansas’ or Missouri’s discussions about preempting cities from banning new natural gas hookups, the trade group has played a role in other states, according to other reports. 

Spire, the American Petroleum Institute, the Missouri Energy Development Association and other trade and business groups and some municipal utilities supported the legislation in a Missouri Senate committee meeting early this year. Environmental groups and the Missouri Municipal League opposed it. 

Similarly, in Kansas, the legislation was backed by trade groups, conservative policy organizations and business interests. Environmental groups, local governments, and clean energy advocates opposed it. 

Documents obtained by the Climate Investigations Center and shared with National Public Radio show an AGA slide presentation from early last year listed a goal of keeping “natural gas an integral part of a clean energy future by reframing the debate.” 

Under the organizations initiatives, it listed “model and preemptive legislation — Introduced in AZ, TN, MN.”

“Communities throughout the United States are debating how to provide affordable, reliable energy while also reducing emissions,” AGA’s statement said. “Those conversations are also taking place at AGA meetings as America’s natural gas utilities share their experiences and leading practices for serving our nation’s evolving energy needs.”

Ameren, which is a member of both AGA and EEI, did not take a position on the Missouri legislation, though one of its lobbyists did testify in support of a larger bill that included the same language. In a statement, an Ameren spokesperson said the company was a member of “several key trade organizations which provide direct, immediate and long-term benefits for our customers and stakeholders.” 

“Benefits include mutual assistance to provide additional electric and natural gas crews to restore service after severe weather and sharing best practices, including safely serving customers during the pandemic, cybersecurity and enhancing sustainability reporting,” the company said. 

In Missouri, the legislation also had the support of the Consumers Council of Missouri, normally a counterbalance to utility companies. 

John Coffman, an attorney for the consumers council, said the group feared an effective ban on new natural gas customers would mean a gas utility’s future expenses would be concentrated among a stagnant or shrinking number of customers, driving up rates for those customers. He likened it to the rising prices of landline phone service as it lost popularity. 

Though his group supported the ban on local natural gas prohibitions, he said determining what industry group membership costs can be passed onto ratepayers is something his organization deals with regularly.

“I think it’s good for them to receive scrutiny on these things,” Coffman said. “There are a lot, I think, of things that EEI does that wind up raising utility rates.”

Dave Nickel, consumer counsel for the Citizens’ Utility Ratepayer Board in Kansas, said his organization was “intrigued” by the petition with FERC. He said while not all trade dues are inappropriate, they “sometimes work to benefit the bottom line for the shareholder.” 

“CURB is not familiar enough with the petition to support or not support it fully at this time, recognizing that the change in the rule would have policy ramifications for FERC jurisdictional utilities,” Nickel said.

“Nonetheless,” he added, “CURB very fervently advocates that all dues, donations and contributions to charitable, civic and social organizations and entities made by utilities must benefit the ratepayer and be reasonable for any part of them to be included in rates.”

This story has been updated since it was first published to reflect that an Ameren lobbyist testified in support of legislation that contained language preempting cities from passing bans on new natural gas hookups.
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Push for disclosure of Missouri medical marijuana records runs into veto threat https://missouriindependent.com/2021/05/13/push-for-disclosure-of-missouri-medical-marijuana-records-runs-into-veto-threat/ Thu, 13 May 2021 21:00:44 +0000 http://s37744.p1438.sites.pressdns.com/?p=6759

The Missouri House chambers during the 2019 State of the State address (photo courtesy of the Missouri Governors Office).

An effort by lawmakers to require disclosure of ownership information for businesses granted medical marijuana licenses was derailed on Thursday, when state regulators suggested a possible gubernatorial veto. 

On Tuesday, the Missouri House voted to require the Department of Health and Senior Services provide legislative oversight committees with records regarding who owns the businesses licensed to grow, transport and sell medical marijuana. 

The provision was added as an amendment to another bill pertaining to nonprofit organizations

It’s sponsor, Rep. Peter Merideth, D-St. Louis, said DHSS’ decision to deem ownership records confidential has caused problems in providing oversight of the program. He pointed to recent analysis by The Independent and The Missourian of the 192 dispensary licenses issued by the state that found several instances where a single entity was connected to more than five dispensary licenses.

The state constitution prohibits the state from issuing more than five dispensary licenses to any entity under substantially common control, ownership or management. 

On Thursday, a conference committee met to work out differences in the underlying bill between the House and Senate. 

Sen. Eric Burlison, a Republican from Battlefield and the bill’s sponsor, called the medical marijuana amendment an “awesome idea. I think it’s awesome.”

However, he said opposition from the department puts the entire bill in jeopardy. 

“The department came to me,” he said, “and said they felt that this was unconstitutional.”

DHSS has justified withholding information from public disclosure by pointing to a portion of the medical marijuana constitutional amendment adopted by voters in 2018 that says the department shall “maintain the confidentiality of reports or other information obtained from an applicant or licensee containing any individualized data, information, or records related to the licensee or its operation… .”

Alex Tuttle, a lobbyist for DHSS, said if the bill were to pass with the medical marijuana amendment still attached, the department may recommend Gov. Mike Parson veto it. 

The threat of a veto proved persuasive, as several members of the conference committee expressed apprehension about the idea of the amendment sinking the entire bill.

Merideth said the department’s conclusion is incorrect. And besides, he said, the amendment is narrowly tailored so that the information wouldn’t be made public. It would only be turned over to legislative oversight committees. 

Rep. Jered Taylor, R-Republic, chairman of the special committee on government oversight, said the amendment is essential to ensure state regulators “are following the constitution, that they’re doing what they’re supposed to be doing.”

The medical marijuana program has faced intense scrutiny in the two years since it was created by voters. 

A House committee spent months looking into widespread reports of irregularities in how license applications were scored and allegations of conflicts of interest within DHSS and a private company hired to score applications.

In November 2019, DHSS received a grand jury subpoena, which was issued by the United States District Court for the Western District. It demanded the agency turn over all records pertaining to four medical marijuana license applications.

The copy of the subpoena that was made public redacted the identity of the four applicants at the request of the FBI. Lyndall Fraker, director of medical marijuana regulation, later said during a deposition that the subpoena wasn’t directed at the department but rather was connected to an FBI investigation center in Independence

More recently, Parson faced criticism for a fundraiser with medical marijuana business owners for his political action committee, Uniting Missouri. 

The group reported raising $45,000 in large donations from the fundraiser. 

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Are Missouri Republicans pushing to change primary elections because of Eric Greitens? https://missouriindependent.com/2021/05/13/is-a-missouri-republican-push-to-change-primary-elections-because-of-eric-greitens/ Thu, 13 May 2021 15:49:25 +0000 http://s37744.p1438.sites.pressdns.com/?p=6752

Former Gov. Eric Greitens speaks the Macon County Lincoln Days dinner in April 2021. Greitens is fighting allegations of spousal and child abuse in a Boone County custody case. (Andrew Murphy photo).

Missouri Republicans are pushing for changes in the state’s primary elections to require a runoff if no candidate garners more than 50% of the vote. 

And some think they know what inspired the change.

“We are changing the way we are doing elections in Missouri for one person,” said Senate Minority Leader John Rizzo, D-Independence.

“We all know who that one person is,” Rizzo added. “We are here late at night doing this bill because the majority party is scared to death that Eric Greitens is going to win a primary.”

Greitens was forced to resign as Missouri’s governor in 2018, facing almost certain impeachment under an avalanche of scandals and felony charges.

In March, he announced he was running for the seat of retiring Sen. Roy Blunt, setting off panic among many Republicans who worry he remains popular enough to win a crowded primary but could lose to Democrats in the general election. 

Republicans on Thursday denied that Greitens was the motivation for making the change in primaries. 

Among those who are not convinced is the disgraced former governor.

“Gov. Eric Greitens is dominating this race and everyone knows it,” Greitens’ campaign manager, Dylan Johnson, said in an email. “He’s going to win and there’s nothing that politicians in Jeff City can do to change that. This is just a sad, desperate attempt by the swampy establishment to try to subvert the democratic process. They will fail miserably.”

The runoff language was included in an election bill debated by the Missouri Senate Wednesday night into Thursday morning. 

It would create a new primary election process for federal offices — U.S. Senate and Congress — as well as the six other statewide offices. 

The primary would be moved from August to June. If no candidate garners 50% of the vote, a runoff would be held in August between the top two candidates. 

The change would only be in effect for the 2022 and 2024 elections. It would expire Dec. 31, 2024. 

“We thought it would be a good test phase,” Sen. Bill Eigel, R-Weldon Spring, said during Senate debate Wednesday night. “We put a sunset on there so the legislature can gauge how successful or unsuccessful it was.”

Senate Majority Leader Caleb Rowden, R-Columbia, said he supports the change because he thinks candidates should have the support of a majority of voters in order to be a party’s nominee. 

Asked if Greitens was the motivation behind the bill, Rowden demurred. 

“I didn’t write it,” he said. 

Senate President Pro Tem David Schatz, who is considering a run for the U.S. Senate himself, said he also supports the change. 

And, he said, his support for the idea has nothing to do with Greitens. 

“There were statements made during debate that may have encouraged (Greitens) to believe he’s the motivation behind this,” Schatz, R-Sullivan, said. “But I’ve seen this occur on multiple occasions where candidates get elected without a majority of the votes. I don’t think it’s right.”

So far, Attorney General Eric Schmitt is the only major Republican candidate to join Greitens in the race to replace Blunt. But the entire GOP congressional delegation is actively considering jumping in.

With a field that crowded, a candidate could emerge victorious with far less than a majority of votes. 

“There is a 25-30% group in this state who will vote for Eric Greitens no matter what. It’s shocking to me, but it’s the reality,” Rizzo said. “If you have three, four, five candidates in that race, that 30% becomes very important.”

The bill, which also includes language pertaining to judicial challenges to ballot measures, awaits a final vote in the Senate. If approved, the House could immediately send it to the governor or request a conference committee to work out differences with the Senate.

The legislative session ends at 6 p.m. Friday.

Greitens was accused of violent sexual misconduct during a 2015 affair, including allegations he led a woman down to his basement, taped her hands to pull-up rings, blindfolded her, spit water into her mouth, ripped open her shirt, pulled down her pants and took a photo without her consent.

The felony charge that stemmed from that allegation was eventually dropped by Jackson County Prosecutor Jean Peters Baker, who cited statutes of limitation that had or were about to pass and potentially missing evidence.

He was also accused of stealing a donor list from a veteran’s charity he founded in order to boost his political career — a felony charge that was dropped as part of a plea deal that stipulated prosecutors had “sufficient evidence” to bring his case to trial.

Lawmakers convened in special session in May 2018 to begin impeachment proceedings. He resigned in June 2018 as part of his plea deal.

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Schmitt joins Republican AGs taking aim at ‘social cost of carbon’ emissions https://missouriindependent.com/2021/04/27/schmitt-republican-ags-take-aim-at-social-cost-of-carbon-emissions-in-federal-filing/ Tue, 27 Apr 2021 17:29:00 +0000 http://s37744.p1438.sites.pressdns.com/?p=6579

Missouri Attorney General Eric Schmitt (photo courtesy of the Missouri Attorney General's Office).

The attorneys general in Missouri and Kansas have joined their Republican counterparts in 20 states demanding that the federal government not consider the social cost of carbon emissions when determining whether to approve new natural gas pipelines. 

Eric Schmitt of Missouri and Derek Schmidt of Kansas filed comments with the Federal Energy Regulatory Commission Monday after the agency called for feedback on a number of questions about how it certifies new pipelines. Part of FERC’s responsibility is to determine whether projects are in the public interest. 

One of its questions: does federal law allow — or mandate — the commission to use the “social cost of carbon” in analyzing projects. The social cost of carbon is intended to quantify the harm from carbon emissions as a dollar figure.

Schmitt, Schmidt and their GOP peers argue that measure is “fatally-flawed,” and that federal law neither mandates nor allows it.

“Although the ‘public interest’ is central to FERC’s responsibilities, Congress did not define it — but Congress certainly never stated that it was an invitation to FERC to dictate a global warming policy for the United States,” the letter says. 

The Environmental Defense Fund says a robust social cost of carbon “is essential for good government.” 

“Weakening or eliminating it conceals the true costs of carbon pollution, incorrectly skewing the analysis and biasing decision-making away from crucial climate safeguards,” the group says on its website

Schmitt took the lead on writing the comments to FERC, and in a press release issued Tuesday said he would “continue to push back against President (Joe) Biden’s expansion of federal regulations and overreach.” 

“Under the ‘social cost of carbon’ analysis, private companies who want to build interstate natural gas pipelines to provide cheap, affordable energy to Missourians and those across the country would be subject to greater regulations and red tape,” Schmitt said in the release. 

Schmitt is running in the Republican primary for U.S. Senate in Missouri to replace Sen. Roy Blunt, a Republican who will not seek another term. He has been active in suing the new Biden administration and has already filed a lawsuit also concerning the social cost of carbon. The steady stream of lawsuits have become the centerpiece of his campaign. 

Schmidt is running in the Republican primary for Kansas governor against former Gov. Jeff Colyer, who took office when Gov. Sam Brownback resigned to take a job in the Trump administration. Colyer lost the Republican primary to Kris Kobach. Gov. Laura Kelly, a Democrat, defeated Kobach in the general election in 2018. 

Biden issued an executive order in January to review executive orders taken under the Trump administration that conflict with Biden’s goals surrounding public health and the environment, restore national monuments the Trump administration shrunk, pause a Trump-era oil drilling program, revoke the Keystone-XL pipeline’s permit and evaluate the social cost of carbon and how it should be applied to federal policy. 

“An accurate social cost is essential for agencies to accurately determine the social benefits of reducing greenhouse gas emissions when conducting cost-benefit analyses of regulatory and other actions,” the executive order says. 

In March, the Biden administration pegged that cost at $51 per ton of carbon, according to the Scientific American. Under the Trump administration, it was as low as $1.

Schmitt and other attorneys general quickly sued, saying calculating the measure was “arbitrary and capricious” and that Biden was directing federal agencies to justify an “enormous expansion of federal regulatory power that will intrude into every aspect of Americans’ lives.” 

“If the Executive Order stands, it will inflict hundreds of billions or trillions of dollars of damage to the U.S. economy for decades to come,” the lawsuit says. “It will destroy jobs, stifle energy production, strangle America’s energy independence, suppress agriculture, deter innovation, and impoverish working families.”

The lawsuit is pending in U.S. District Court for the Eastern District of Missouri and claims the executive order violates the separation of powers by granting authority to Biden’s executive branch that should belong to Congress.

The Biden administration has not yet filed a response.

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Grain Belt transmission line forges ahead amid landowner, lawmaker pushback https://missouriindependent.com/2021/04/19/grain-belt-transmission-line-forges-ahead-amid-landowner-lawmaker-pushback/ Mon, 19 Apr 2021 14:00:40 +0000 http://s37744.p1438.sites.pressdns.com/?p=6490

A visualization shows what the Grain Belt Express transmission line would look line running across a farmer's land. Invenergy is acquiring 150-200 foot easements from landowners to build (Courtesy of Invenergy.)

On the heels of a historic cold snap that left thousands across the Midwest without power, Kansas and Missouri residents could soon reap the benefits of a massive high-powered transmission line delivering renewable energy. 

Grain Belt Express, a project a decade in the making, is starting to acquire land along its route spanning across nearly the width of both states. But even so, landowners, local officials and some Missouri lawmakers are still raising red flags, arguing the project will be destructive to rural communities.

The proposed Grain Belt Express, being developed by Chicago-based Invenergy, would run from near Dodge City, Kansas, to Indiana, moving 4,000 megawatts of power per year.

In Missouri, 39 municipal utility providers have signed up and expect to save $12.8 million per year. Grain Belt promises thousands of jobs — both to construct and operate the line. The company could revise its plans to drop off more power in Kansas and Missouri, saving up to $7 billion a year over 20 years for up to $2.4 million residents. 

And had Grain Belt been in operation this winter, Nichole Luckey, vice president of regulatory affairs for Invenergy, said the ability to transmit lots of power quickly could have helped prevent rolling blackouts seen in Kansas and Missouri. The line, she said, would serve as a “reliability backbone” for the Midwest.

“The outages in February are just more evidence that this line is really critical,” she said. 

Luckey said the company believed the project offered landowners the most competitive compensation in the state’s history and noted the state government found it was in the public interest to build the line. 

But even as Invenergy begins negotiations with farmers to compensate them for running the line across their land, it’s still facing resistance from both landowners and Missouri lawmakers. The Missouri House once again voted overwhelmingly in favor of legislation designed to pump the brakes on Grain Belt’s plans.

The legislation would require projects — including Grain Belt — that use eminent domain to acquire land to show support from the county commission in any county where the project is expected to build. 

Grain Belt already has approval from the Missouri Public Service Commission, granting it status as a public utility, but the legislation would make that retroactively dependent on its ability to persuade county commissioners in the eight counties the transmission line will cross, many of whom are vocally opposed to to the project.

John Truesdell, presiding commissioner in Randolph County, said he has advocated for bills to stop what he calls “eminent domain for private gain.” 

Grain Belt, he said, is “nothing more than a big corporation trying to overrun little people, take their homes, take their land and pocket the money in their pockets at those other people’s expense.”

Meanwhile, in Kansas, the project has two more years to make progress assembling the land for the project before it loses its right to build there. 

Missouri Rep. Mike Haffner, R-Pleasant Hill, is sponsoring the Grain Belt legislation. He argued to a House committee the project should not be allowed to use eminent domain.

“(It’s) supposed to be used by the government as a means of serving the public, and I think in this case it doesn’t serve the public,” he told a House committee hearing the legislation in January.

Luckey said the bill would, without a doubt, kill the project. 

“This project has been through 10 years of hearings, public meetings, and to retroactively require these approvals at the local level turns the regulatory paradigm on its head,” she said. 

A similar bill cleared the House last year but didn’t make it through the Missouri Senate. The House did, however, slip another piece of legislation meant to stall the Grain Belt project past senators, but the Senate later revoked it in a rare procedural move that a House leader questioned. 

Property rights

Rep. Mike Haffner, R-Pleasant Hill (photo by Tim Bommel/Missouri House Communications).

The fight over Grain Belt in Missouri boils down to property rights. 

The project has the right of eminent domain in both Kansas and Missouri, meaning that Grain Belt can acquire easements on private land to build the line — even in cases where the landowners don’t want to negotiate. 

Landowners will be compensated for their land, and company executives note they would still be able to hunt, farm or graze livestock on the area where Grain Belt operates. The company would not acquire the land itself, but the right to use it. 

Beyond that, eminent domain, the company says, will only be used as a last resort. In recent months, the company has started sending offers to the landowners along the route.

So far, the company says it has acquired rights to about 40% of the necessary land in Kansas and Missouri. It says it’s offering landowners 110% of market value for the easements, plus additional payments for structures on their land and to offset any impact to their crops.

Utilities never want to use eminent domain, said Peggy Whipple, an attorney representing Grain Belt. But without it, one landowner who didn’t want to grant the line an easement could sink the project.

“If you take away a public utility’s right to eventually, if necessary, use eminent domain, you might as well just accept that a big project like this isn’t going to happen,” Whipple said, also adding that the legislation unconstitutionally targets a single project and could open the state to  a lawsuit.

Critics argue Grain Belt is being built by a private company seeking to make a profit, meaning it is being allowed to take other private property for its own gain, not the public’s. 

“I hate to say this and I doubt I’d ever thought myself saying this, but right now we’re using government-sanctioned confiscation of private property,” Wiley Hibbard, presiding commissioner in Ralls County, said in a House committee meeting early this year. 

Landowner after landowner, some with farms passed between six or seven generations, turned out to a Missouri House committee meeting in January to urge lawmakers to support Haffner’s legislation. 

Donna Inglis, however, said her family got a fair deal from Grain Belt to build across their farm in Randolph County. She urged fellow landowners who decried the proposal to “think about our state and the future of our state.”

“If no one were in favor of progress…we would still be living by kerosene lamp and going to the out house,” Inglis said.

Though the Kansas portion of the line is nearly twice as long, lawmakers aren’t putting up the same fight

But there are still hurdles, said Dave Nickel, executive director of the Citizens Utility Ratepayer Board, which represents ratepayers in Kansas.

When the Kansas Corporation Commission authorized Grain Belt’s construction through the state, it said construction on the transmission line could not begin unless Missouri, Illinois and Indiana had approved the plan in those states. 

Initially, the KCC set a sunset on Grain Belt’s permission to build in Kansas so landowners wouldn’t have the possibility of a transmission line hanging over their heads for years. But in 2019, the company requested an extension because of delays in Missouri and Illinois. 

Now, the company has until Dec. 2, 2024, to show Kansas regulators it has either acquired — or started negotiations or court proceedings to acquire — easements on the majority of the land needed to build the transmission line, something Luckey said should be no problem. 

“It’s going to be a difficult chore, but I’m sure it’s an obtainable chore,” Nickel said. 

Prospects for passage

In Missouri, House members have led the charge against Grain Belt. In 2020, the same bill was the first to pass the body. 

It died in the Senate. The same is likely to happen this year. The House passed the bill in February, but now it’s languishing in a Senate committee where senators have yet to hear testimony on it with less than a month before the legislature adjourns for the year. 

In a separate attempt to slow down the project last year, the House tacked an amendment onto another bill that would have allowed county historical societies or county commissions to deem some farm property as historic, driving up the cost to acquire it through eminent domain. 

Senators gave the bill final approval without realizing what the amendment would actually do or how it might impact Grain Belt. When they figured it out a day later, they voted unanimously to rescind their approval.

But then-House Speaker Elijah Haahr, who had made the eminent domain legislation his top priority, argued Senate rules didn’t allow for approval to be rescinded.

“The extreme and unprecedented actions by the Senate after a bill’s final passage are alarming,” Haahr wrote in a letter published in the House Journal May 28, 2020. “It appears that such an action has not been taken by either chamber in 100 general assemblies and for good reason.”

Haahr argued the Senate’s move was illegal, meaning the bill passed. In Missouri, if a governor doesn’t sign or veto a bill approved by lawmakers, it becomes law. Parson’s office didn’t respond to inquiries about the legislation. 

But Chuck Hatfield, an attorney who frequently handles high-profile cases involving legislation and initiative petitions in Missouri, doesn’t believe the bill actually became law. 

Several county commissioners told The Independent they weren’t aware of any efforts to designate historic farm property on the Grain Belt route. 

If someone wanted to make the case it should be in effect, Hatfield joked, they should hire him to take it on. 

Luckey said the company is not aware of anyone attempting to invoke the legislation — “primarily because it didn’t pass.” But she noted Missouri law already requires higher compensation for “heritage value” for farms that have been in the same family for more than 50 years. 

If a landowner can document they have a heritage farm, Luckey said Grain Belt would pay them a higher value. If possible, Luckey said the company would like to acquire all of the land voluntarily and avoid eminent domain altogether.

“We want to be fair.”

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The gender vaccine gap: More women than men are getting COVID shots https://missouriindependent.com/2021/04/12/the-gender-vaccine-gap-more-women-than-men-are-getting-covid-shots/ Mon, 12 Apr 2021 19:17:18 +0000 http://s37744.p1438.sites.pressdns.com/?p=6445

Ann Schaeperkoetter receives her COVID-19 vaccine from MU Health Care clinical manager Katie Merrill, RN, during MU Health Care’s vaccination clinic in the Walsworth Family Columns Club at Faurot Field in Columbia on Feb. 4, 2021. (Photo courtesy of MU Health Care)

Mary Ann Steiner drove 2½ hours from her home in University City to the tiny Ozark town of Centerville to get vaccinated against COVID-19. After pulling into the drive-thru line in a church parking lot, she noticed that the others waiting for shots had something in common with her.

“Everyone in the very short line was a woman,” said Steiner, 70.

Her observation reflects a national reality: More women than men are getting COVID vaccines, even as more men are dying of the disease. KHN examined vaccination dashboards for all 50 states and the District of Columbia in early April and found that each of the 38 that listed gender breakdowns showed more women had received shots than men.

Public health experts cited many reasons for the difference, including that women make up three-quarters of the workforce in health care and education, sectors prioritized for initial vaccines. Women’s longer life spans also mean that older people in the first rounds of vaccine eligibility were more likely to be female. But as eligibility expands to all adults, the gap has continued. Experts point to women’s roles as caregivers and their greater likelihood to seek out preventive health care in general as contributing factors.

In Steiner’s case, her daughter spent hours on the phone and computer, scoping out and setting up vaccine appointments for five relatives. “In my family, the women are about a million times more proactive” about getting a COVID vaccine, Steiner said. “The females in families are often the ones who are more proactive about the health of the family.”

As of early April, statistics showed the vaccine breakdown between women and men was generally close to 60% and 40% — women made up 58% of those vaccinated in Alabama and 57% in Florida, for example.

States don’t measure vaccinations by gender uniformly, though. Some break down the statistics by total vaccine doses, for example, while others report people who have gotten at least one dose. Some states also have a separate category for nonbinary people or those whose gender is unknown.

A handful of states report gender vaccination statistics over time. That data shows the gap has narrowed but hasn’t disappeared as vaccine eligibility has expanded beyond people in long-term care and health care workers.

In Kentucky, for instance, 64% of residents who had received at least one dose of vaccine by early February were women and 36% were men. As of early April, the stats had shifted to 57% women and 43% men.

In Rhode Island — one of the states furthest along in rolling out the vaccines, with nearly a quarter of the population fully vaccinated — the gap has narrowed from 30 percentage points (65% women and 35% men) the week of Dec. 13 to 18 points (59% women and 41% men) the week of March 21.

A few states break the numbers down by age as well as gender, revealing that the male-female difference persists across age groups. In South Carolina, for example, the gender breakdown of vaccine recipients as of April 4 was slightly wider for younger people: 61% of vaccinated people ages 25-34 were women compared with 57% female for age 65 and older.

Dr. Elvin Geng, a professor at the medical school at Washington University in St. Louis, said women of all age groups, races and ethnicities generally use health services more than men — which is one reason they live longer.

Arrianna Planey, an assistant professor who specializes in medical geography at the University of North Carolina-Chapel Hill, said it’s often women who manage medical appointments for their households so they may be more familiar with navigating health systems.

Decades of research have documented how and why men are less likely to seek care. A 2019 study in the American Journal of Men’s Health, for example, examined health care use in religious heterosexual men and concluded masculine norms — such as a perception that they are supposed to be tough — were the main reason many men avoided seeking care.

Attitudes about the COVID pandemic and the vaccines also affect who gets the shots.

Dr. Rebecca Wurtz, director of public health administration and policy at the University of Minnesota, said women have been more likely to lose jobs during the pandemic, and in many cases bear the brunt of teaching and caring for children at home.

“Women are ready for this to be done even more than men are,” Wurtz said.

Political attitudes, too, play a part in people’s views on coping with the pandemic, experts said. A Gallup poll last year found that among both Democrats and Republicans, women were more likely to say they took precautions to avoid COVID, such as always practicing physical distancing and wearing masks indoors when they couldn’t stay 6 feet apart from others.

In a recent national poll by KFF, 29% of Republicans and 5% of Democrats said they definitely would not get the shot.

Paul Niehaus IV of St. Louis, who described himself as an independent libertarian with conservative leanings, said he won’t get a COVID vaccine. He said the federal government, along with Big Tech and Big Pharma, are pushing an experimental medicine that is not fully approved by the Food and Drug Administration, and he doesn’t trust those institutions.

“This is a freedom issue. This is a civil liberties issue,” said Niehaus, a 34-year-old self-employed musician. “My motto is ‘Let people choose.’”

Steiner, who plans to retire at the end of the month from editing a magazine for the Catholic Health Association, said she was eager to be vaccinated. She has an immune disorder that puts her at high risk for severe illness from COVID and hasn’t seen some of her grandchildren in a year and a half.

But she said some of the men in her life were willing to wait longer for the shots, and a few nephews haven’t wanted them. She said her brother, 65, received the one-shot Johnson & Johnson vaccine in early April after her daughter made it easy by arranging it for him.

Steiner, who has now received both doses of the Moderna vaccine, said she doesn’t regret taking the more difficult step of traveling five hours round trip to get her first shot in February. (She was able to find a closer location for her second dose.)

“It’s for my safety, for my kids’ safety, for my neighbors’ safety, for the people who go to my church’s safety,” she said. “I really don’t understand the resistance.”

KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism about health issues. Together with Policy Analysis and Polling, KHN is one of the three major operating programs at KFF (Kaiser Family Foundation). KFF is an endowed nonprofit organization providing information on health issues to the nation.

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Republican lawmakers vote down funding for Missouri Medicaid expansion https://missouriindependent.com/2021/03/25/republican-lawmakers-vote-down-funding-for-missouri-medicaid-expansion/ Thu, 25 Mar 2021 21:01:04 +0000 https://s37744.p1438.sites.pressdns.com/?p=6321

The Missouri House chambers during the 2019 State of the State address (photo courtesy of the Missouri Governors Office).

A partisan battle over Medicaid expansion in the House Budget Committee ended Thursday with a vote against spending $1.9 billion to implement the medical program approved by voters in August.

The arguments for and against a special spending bill that separated expansion costs from other Medicaid budget lines echoed the debates of past years – Republicans argued that it cost too much and would force cuts in other areas while Democrats contended that the state has plenty of cash and expansion would save money for state taxpayers.

The committee voted 9-20 against the spending bill that allocated $130 million of general revenue and $1.9 billion overall to expand coverage to households with incomes below 138 percent of the federal poverty guideline.

The vote came as the committee was working through proposed changes to the $34.1 billion budget proposed in January by Gov. Mike Parson. The full House will debate the budget in floor sessions next week.

Budget Committee Chairman Cody Smith, R-Carthage, argued the Medicaid program already costs too much and needs changes to control costs and streamline services.

“If we expand Medicaid without doing that we are simply pouring gasoline on the fire of problems that could come along due to increased spending,” Smith said.

The committee’s ranking Democrat, Rep. Peter Merideth of St. Louis, said the state’s share will be minimal and that the state has a healthy financial balance. Expansion will mean a healthier state, financial support for providers and a stronger economy as the federal support is spent, he said.

“We are being offered a false choice and a false narrative,” Merideth said. “We are acting like even this $100 million of general revenue is a fiscal crisis.”

Medicaid is a shared obligation of the state and federal government, but Missouri’s current program, called MoHealthNet, offers few services that are not required to participate in the program. 

Adults with children and no other qualifying conditions such as a disability are covered only if their income is less than the family would receive in cash welfare benefits, $292 a month for a single-parent household with two children. No working age adults without children are covered unless they qualify for another reason.

Almost 1 million people are currently covered by the program.

Amendment 2, approved by voters last year, requires the state to offer coverage to approximately 275,000 people with annual incomes up to $17,744 for an individual and $35,670 for a family of four. But rather than settling the debate that has raged in the state since passage of the Affordable Care Act, Amendment 2 instead added a new layer of disagreement to the familiar debate.

Opponents cited the relatively close vote – 53 percent of voters supported Medicaid expansion – and the lack of a funding source for the state’s share. Proponents said that by approving the constitutional amendment, lawmakers were obligated by their oath of office to fund it.

The Missouri Constitution prohibits initiatives that require lawmakers to make new appropriations without also providing a source of money. The Western District Court of Appeals rejected a pre-election challenge to Amendment 2 because it did not explicitly require a new appropriation. Whether that was true would be determined when the amendment was implemented, the court said.

Republicans contend that if lawmakers do not appropriate specifically for the expansion, it cannot take place.

“If we want initiatives with appropriations, we need to be honest with the people and say where the money is coming from,” said Rep. David Evans, R-West Plains. “If they had drafted it, including what the constitution actually requires, it may not have gotten over that 50 percent mark.”

Democrats said that federal changes to Medicaid, including a boost in the federal share of the existing program for states that expand coverage, means that while the state may spend more overall, it will spend less from general revenue for Medicaid with an expanded program.

“Report after report, from state after state, is showing that this is the fiscally responsible thing to do,” state Rep. Maggie Nurrenbern, D-Kansas City.

Medicaid expansion means more access to health care statewide, Nurrenbern siad.

“We see our rural hospitals hanging on by their fingernails and asking, ‘please let us provide vital health care to our communities,’” she said.

Instead of separating it out to a standalone spending bill, the governor’s proposed $34.1 billion budget for fiscal 2022 wrapped the cost into existing Medicaid spending for appropriation purposes.

Overall, the budget proposal calls for $14.1 billion for Medicaid, including $2.7 billion in general revenue, according to budget documents. Medicaid in Missouri cost $10.8 billion in fiscal 2020, about 4 percent more than the previous year.

The general revenue cost of Medicaid, however, went down in fiscal 2020 because of changes in federal support due to the pandemic. And because of the pandemic, it is likely it will cost much less general revenue than Parson’s budget indicated.

The cost of the existing program is shared with the federal government, and for the current year, Missouri’s stated share is about 35 percent. Because of the pandemic, that share was cut to about 29 percent starting in March 2020 and that emergency support will continue through the end of the year.

For people enrolled under the expansion program, the Affordable Care Act sets the federal share at 90 percent.

The $1.9 trillion American Rescue Plan bill signed into law earlier this month by President Joe Biden included an incentive for the 12 states that haven’t expanded Medicaid coverage to do so. The federal share of the existing program would be increased by 5 percent, estimated to produce a savings for Missouri of more than $1 billion over the next two years.

Missouri already has a record budget surplus in the general revenue fund, which stood at $1.9 billion on March 1 and is expected to have $1.1 billion unspent at the end of the fiscal year. The federal stimulus bill also includes $2.8 billion in general support for Missouri state spending.

“Stop acting like we don’t have money because you don’t want to give health care to people,” Merideth said. “It is a lie and ignoring what Missourians told us to do.”

But Republicans said obtaining more federal funds will expand the national budget deficit and by refusing to appropriate the money, Missouri can help control federal debt.

“Are we willing to see the debt rise further?” said Budget Committee Vice Chairman Dirk Deaton, R-Noel. “Are we willing to take that vote, weaken our country at the expense of the Chinese and others?”

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Missouri will add antigen tests to its COVID report, increasing positive case counts https://missouriindependent.com/2021/03/04/missouri-will-add-antigen-tests-to-its-covid-report-increasing-positive-case-counts/ Fri, 05 Mar 2021 02:42:07 +0000 https://s37744.p1438.sites.pressdns.com/?p=5830

The deaths data, which the department calls “probable” COVID-19 fatalities, is being added eight months after the department began reporting antigen-identified infections in its daily report (image courtesy of CDC).

Data on COVID-19 infections that local health departments have been reporting for months – and telling their communities represent the most accurate picture of the virus’ spread – will be added to the state health reports starting Friday

The change is expected to add tens of thousands of cases to the state’s report that on Thursday showed 479,536 people have had the illness caused by the coronavirus since the first case in early March 2020.

The data, reporting positive results from rapid antigen cases, will be the first statewide look at the total number and distribution of cases local health agencies have been reporting as “probable” infections.

“That’s the plan at this point, assuming all goes well in the morning when our data analyst flips the switch,” Lisa Cox, spokeswoman for the Department of Health and Senior Services wrote in an email Thursday night. “It will include county-level testing, case and positivity rate data.”

The state’s COVID-19 dashboard until now has only gave that detail for cases confirmed by the more accurate PCR test. The state’s 111 local health departments that post COVID-19 information online had almost 55,000 more cases as of Tuesday than the state health agency has reported for those same counties, according to a review of the data by The Missouri Independent.

While the state reported 470,530 cases for those counties, the local health agency reports checked Tuesday showed a total of 524,350 cases, with the main difference coming from positive antigen tests not included in the state total. 

In some counties, the local count was more than double the state count of confirmed cases.

In interviews this week, local public health officials have said the difference between their reports and the state report has created confusion, and at times anger, in their communities.

“We have been looking into this for several months because we keep getting that question,” said Debra Bradley, administrator of the St. Joseph Health Department.

On the state dashboard, Buchanan County was listed Thursday as having 6,966 cases, while Bradley’s department reported 10,095, with 2,982 listed as “probable.”

Some public health leaders got a preview of the updated report Thursday during a Zoom meeting with the state Department of Health and Senior Services, said Larry Jones, executive director of the Missouri Center for Public Health Excellence.

“I can tell you that antigen testing has become more and more the preferred testing because of the speed,” Jones said. “More laboratories are running it than run the PCR test.”

There will be another meeting Friday afternoon for feedback after agencies have had a chance to see the data presentation, Jones said.

“They want to visit with us about the report and get some feedback and find out what else is needed,” he said.

The PCR test was the earliest test for COVID-19 and is the best known. It is the one that requires a long swab to be inserted into each side of a person’s nasal passage to take a sample. Obtaining results can take many hours, sometimes days.

The antigen test also confirms that a person is currently infected with COVID-19 and infectious, but it has a higher rate of false negative tests. The results can be obtained in as little as 15 minutes.

“We love those tests,” said Lori Moots-Clair, administrator of the Knox County Health Department and Home Health Agency. “They have been extremely helpful, especially with our school students or faculty.”

In recent weeks, as much as 45 percent of all coronavirus tests in Missouri have been antigen tests. The use has increased as the daily tally of PCR-confirmed cases has been falling steadily.

The third type of COVID-19 test is known as an antibody test, and shows that someone has been infected sometime in the past, not that they are currently ill or contagious.

Local health departments have handled antigen-test positive cases the same way they have handled PCR-confirmed cases, with isolation, contact tracing and quarantine for close contacts.

“Our local hospital had issues with securing PCR testing,” said Linn County Health Administrator Krista Neblock. “They were not able to get enough to meet the demand and had to move to the antigen testing.”

The department has been presenting some antigen test data for several weeks. The state’s “COVID-19 in Missouri at a Glance” page gives the total number of positive PCR and antigen tests over seven days, updated daily. On Thursday, it showed 1,630 antigen cases in the week ending Monday, an average of 233 per day, and 2,310 PCR-confirmed cases, an average of 330 per day.

And the page under the testing tab shows that there have been 878,145 antigen tests administered to 359,455 people with 82,909 positive results. By comparison, there have been 4.5 million PCR tests administered to 2.3 million people with 529,491 positive results.

The page where statewide situation is summarized, data updated Thursday morning showed that 479,536 people have had confirmed cases of COVID-19, meaning about 50,000 of the positive PCR tests have been duplicates.

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What Senate Republicans are saying about Trump’s impeachment trial https://missouriindependent.com/2021/02/09/what-senate-republicans-are-saying-about-trumps-impeachment-trial/ Tue, 09 Feb 2021 13:30:34 +0000 https://s37744.p1438.sites.pressdns.com/?p=5114

Donald Trump participates in the final presidential debate against Joe Biden in 2020 (Justin Sullivan/Getty Images).

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Last known widow of a Civil War veteran dies in Marshfield https://missouriindependent.com/briefs/last-known-widow-of-a-civil-war-veteran-dies-in-marshfield/ Thu, 07 Jan 2021 15:09:25 +0000 https://s37744.p1438.sites.pressdns.com/?post_type=briefs&p=4042

Helen Viola Jackson of Marshfield, Missouri, on her 101st birthday, Aug. 3, 2020. Jackson, the last living widow of a Civil War Union soldier, died Dec. 16, 2020. (Photo from Facebook)

The last known living link to a person who served in the Union Army was severed in December when 101-year-old Helen Viola Jackson, widow of a Missouri soldier, died in a Marshfield nursing home.

For the first 98 years of her life, Jackson was known as a woman who had never married. She had no children and was active in her community through the Marshfield Cherry Blossom Festival, the Webster County Historical Society and the Webster County Democrat Central Committee.

It wasn’t until 2017 when she revealed that as a teenager, she wed James Bolin.

It was 1936, the height of the Great Depression, and she was a 17-year-old school girl living in Niangua in southwest Missouri’s Webster County. Bolin was 93.

Helen Viola Jackson in 1955 dressed for celebrating the Webster County Centennial. Jackson was the last known living widow of a Civil War Union soldier. She died Dec. 16, 2020, at age 101, in Marshfield. (Photo from Facebook)

“Her father had volunteered her to stop by his house each day and assist him with chores as she headed home from school,” Brian C. Pierson, commander in chief of the Sons of Union Veterans of the Civil War, wrote Jan. 2 in General Order No. 9, issued to honor Jackson.

Bolin could not pay for her help but he had something that he thought she could use. He was a veteran of the Civil War, which made him and his dependents eligible for a pension.
“Mr. Bolin explained that he did not have any money to pay me for taking care of him,” Jackson said in an oral history recording in 2018. “Therefore, he asked for my hand in marriage so that he could leave his pension to me.”

They were married and he died in 1939. Jackson never remarried, never had children, and never applied for a pension.

“I never wanted to share my story with the public,” Jackson said. “I didn’t feel that it was that important and I didn’t want a bunch of gossip about it.”

Jackson died Dec. 16 in Webco Manor Nursing Home in Marshfield. The record of her marriage is Bolin’s Civil War-era Bible, which she kept as a treasured memento.

Jackson was born in 1919 and Bolin in 1843 but marriages between Civil War veterans and young women was a fairly common occurrence in the first decades of the 20th Century. The pensions made the veterans attractive mates to some. The last person receiving a Civil War pension, Irene Triplett, died May 31, 2020 in North Carolina.

Triplett, who was developmentally disabled, received $73.13 a month because her mother married a veteran more than 50 years her senior in 1924.

Jackson’s husband, Bolin, was a private in Company F of the 14th U.S. Volunteer Cavalry. He never participated in any Civil War battle – he was mustered into the service on April 10, 1865, in Springfield, the day after Gen. Robert E. Lee surrendered the Army of Northern Virginia at Appomattox Court House, Virginia.

Lee’s surrender did not end the war that began in April 1861 after the secession of 11 slave states. The last Confederate commands held out until June.

But with the war coming to a close, the 14th Cavalry was sent to Nebraska for duty on the frontier. It was disbanded in November 1865.

Bolin was a widower when he married Jackson. His first wife died in 1922.

Dr. Tommy MacDonnell, who will celebrate his 98th birthday on Saturday, signed an affidavit at the 2018 Marshfield Cherry Blossom Festival to the wedding day timeline of events. McDonnell, who practiced in Marshfield, cared for many residents of his region and they rewarded him in 1986 by electing him to the Missouri House.

MacDonnell said he doesn’t have a clear recollection of the wedding. 

Jackson, a Democrat like MacDonnell, was ”just a good acquaintance,” he said in a telephone interview. “And probably a patient at some time or another.”

As part of the Jan. 2 general order, Pierson directed that the organization’s social media platforms, and the charters of all departments and camps, be draped in black for 30 days.

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