Thanksgiving Morning

Journalism, Blogging, and Perspective

I've got several posts that I'm working on, but they aren't quite ready. One is my reflections on the ethics of undercover investigations - some of the pros and cons that have arisen as I've watched the impact of the surveillance tapes on the three political trials. There are a number of issues that make me - and apparently others - uncomfortable about trading reductions in sentencing for cooperation with the prosecutors, as well as with the idea of video cameras in one's room recording what's going on without one's knowledge. But I don't know how else the evidence for these cases could have been collected. I've got the basics down, but I'm trying to integrate examples from the trials.

Another stems from my belief in the need for journalistic disclosure of one's relationships with the people or events one covers. As the trials progressed I went from writing a blog that my mother and a few others read to someone whose blog was being read by people I was covering. I began to think about how journalists are not simply reporters of what is happening to the public. They can affect the events they are covering. The judge was constantly reminding the jury not to read or watch any news accounts of the trial for example. At one point Kohring defense attorney Browne noticed that witness Bill Allen had a folded piece of paper in his hand and asked what it was. He was told it was a crib sheet with names because of his memory problems. Browne asked to see it and took it to his table. At the next break, he shared it with reporters. The next day prosecutor Bottini complained about this - an account of the crib sheet had shown up in the Anchorage Daily News - and Browne was admonished not to share the witnesses private documents with anyone.
As journalists gather material they develop relationships. In this case, there was six weeks of trial over several months, and the prosecution team was pretty much the same. How does the personal relationship you develop with sources affect how you report the case? Do they begin to use you to get their points across? Do you use them to get stories? Well, of course all that happens, so what information do you give the readers so they can better evaluate what you are writing?

Anyway, that's why I've been quiet. I hope US readers have a great Thanksgiving. And the rest of you also consider all you have to be thankful for. I'm missing my kids far away on this holiday weekend but I'm thankful they are well and pursuing things that interest them.

Was the Tennessee Waltz the Playbook for the Alaska Oil Spill?

From Wikipedia

Operation Tennessee Waltz was a sting operation set up by federal and state law enforcement agents, including the Federal Bureau of Investigation and Tennessee Bureau of Investigation. The operation led to the arrest of seven Tennessee state lawmakers and two men identified as "bagmen" in the indictment on the morning of May 26, 2005 on bribery charges. The FBI and TBI followed these arrests with an additional arrest of two county commissioners, one from Hamilton County, and the other a member of the prominent Hooks family, of Memphis. Investigators also arrested a former county administrator.

The name of the operation comes from the state song of Tennessee, "Tennessee Waltz."

And a news report from the Nashville Post:

'Tennessee Waltz' FBI Informant: I Paid Off Ulysses Jones

Email | Print By Ken Whitehouse and Richard Lawson

12-14-2005 6:32 AM —

State Rep. Ulysses Jones (D-Memphis) took a bribe from an FBI informant to push through legislation favorable to the government’s fake company E-Cycle, informant Tim Willis has claimed.

Willis, a one-time Memphis lobbyist, worked for the FBI by posing as a lobbyist for the fictitious Georgia company. E-Cycle was central to the sting operation dubbed “Tennessee Waltz,” a sting set up to nab politicians taking bribes, which led to the arrests of four sitting lawmakers and three other political operatives on May 26 of this year.

And from the Chattanoogan, we learn there was a hero:

Attorney Says Former Rep. Brenda Turner Was Tennessee Waltz "Hero"
posted August 25, 2007

A Chattanooga attorney who supported former Rep. Brenda Turner through her long political career said she was a "hero" in the "Tennessee Waltz" scandal that brought down several prominent politicians.

Attorney Russell King said, "They came to her, offered her money, and she turned them down. She did it the right way. She told them a campaign contribution would be hunky-dory, but she was not doing it any other way."

Will Alaska have a hero or two?



And how could there be an FBI legislative corruption trial without a blogger?



And what do the FBI call this operation? The Alaska Two Step? No, there's more than two steps. How about the Alaska Oil Spill? Allen and Smith did work in the oil industry and they did spill the beans. The PeePee Tea Scandal? But the Anderson case didn't involve PPT and future indictments will get beyond PPT too. Do they have a name for ours? In Tennessee, the name came out in the press coverage of the indictments. I thought maybe the press came up with the name, but its in the DOJ press releases.

At the end of the DOJ Public Integrity Section press release on the conviction of Roscoe Dixon, they include the "operation name."

Operation Tennessee Waltz is an ongoing, active, continuing investigation. The people of Tennessee and their elected officials need to understand that where the public trust has been violated, the United States Attorney's Office will prosecute. This office will continue to aggressively pursue those elected officials who engage in public corruption.

All this "the people of Tennessee. . . need to understand" sounds a little condescending. Maybe someone wised up and they decided the cutesy name and the lecture on public ethics didn't need to be included in the Alaska press releases.

This case was prosecuted by trial attorneys Nicholas A. Marsh and Edward P. Sullivan of the Criminal Division’s Public Integrity Section, headed by Chief William M. Welch, II, and Assistant U.S. Attorneys Joseph W. Bottini and James A. Goeke from the District of Alaska. The case is being investigated by the FBI and the Internal Revenue Service Criminal Investigative Division.

Do they have a name for ours, but are keeping it quiet?

And I think I may have cracked part of the Public Integrity Section code. I mentioned in earlier posts that the press releases on Kott and Kohring never mentioned that there were counts for which these men were found Not Guilt.

The jury found Kott guilty of conspiracy, extortion under cover of official right, and bribery.

Following an eight-day jury trial, Kohring, a member of the Alaska State House of Representatives from 1994 to 2007, was convicted of conspiracy, bribery and
attempted extortion, for corruptly soliciting and receiving financial benefits from a
company in exchange for performing official acts in the Alaska State Legislature on the company’s behalf.

But I noticed that in the Dixon press release it says:

Mr. Dixon was found guilty on all five counts of the indictment. [emphasis mine]

So I looked up the Anderson press release, and bingo, it says the same thing:

The jury in Anchorage convicted Anderson today of all seven counts charged in a December 2006 indictment.

So, if the press release doesn't say "all counts" I'm guessing it means they got off on one or more counts. Come on PIN (yes, they abbreviate the Public Integrity Section as PIN, but think about it and it makes sense) you can put on your press releases that you didn't get every count. Don't force the reader to have to look up other sources of information to find that out.

Dan Fagan, Again

I've written a few posts about Dan Fagan's ADN columns. Last week I didn't have much time to even look at his column on the Supreme Court's decision on the Parental Consent Law. It begins this way:

Gas pipeline, who cares? Raise taxes on the oil industry, go ahead. Mat Maid, dogs on ball fields, the IM program, city budget, fireworks ban, irrelevant.

There is only one issue facing Alaskans and it is this. A 13-year-old girl can today walk into Planned Parenthood and get an abortion without her parents’ knowledge or permission.

Let me rephrase that. A 13-year-old girl can legally have her unborn baby killed without her parents ever knowing about it.

Either Fagan didn't read the Supreme Court ruling, he didn't understand it, or he just lied about it.

This is a contentious enough issue without totally misrepresenting what was decided. The court did strike down the requirement that the parents must give permission, but strongly affirmed that they must be informed. I posted about this case earlier this week.

But such looseness with the facts is evident again this week. And he seems to have changed his mind about the relevance of raising oil and gas taxes. I don't know how to write about this one without giving you the whole column along with my comments. I'll indent his column and put it in italics so it is clear what he says and what I say. (I would hope that would be clear if I did neither, but just in case.)

The anti-oil populist movement is not new to Alaska. The so-called “backbone” folks have always been with us. But now they are in charge. And that has led us to an all-out war with the oil industry.

“Anti-oil populist movement” what exactly does that mean? They are against oil? They are against oil companies? Populists are politicians who speak and work for the people as opposed to those who speak and work for the the power elite (like big oil companies.) So it would seem that being a populist isn’t such a bad thing. Though some have used the term to mean people who PRETEND to speak and work for the poor but really are working for the rich. I’m sure we have a number of fake populists in the legislature. Certainly Pete Kott, the hardwood floor installer (who happened to also be pulling Air Force retirement and had a masters degree;  I see nothing wrong with either of those things, but he was more than a blue collar working eking out a living) and sheet rocker Vic Kohring both offered a populist stance, but were working for their rich big oil friends. And Dan Fagan who talks on the radio like the salt of the earth, warts and all, is writing these articles that make big oil into a deity being abused by legislative ingrates, certainly seems to fit into that pseudo populist category.

"Now they are in charge." And whose been in charge for all these years until now? Finally people not owned by the oil companies are in charge. Why am I having a problem with Fagan's logic?

“All out war with the oil industry.” Come on Dan. You believe in the free market. As I said in a previous post, in an ideal free market there is a buyer and a seller. The state here, as the owner of the oil, is the seller. The oil companies are the buyers. They each negotiate the best deal they can. If the state blows it by taxing too high, the oil companies can walk away. If the people of Alaska are willing to support legislators who stand up to the oil companies a little bit more than our previous governor because they saw tapes of oil industry representatives giving money to legislators to vote for the oil industry’s preferred tax level, then the oil companies have only themselves to blame. They didn’t play their hand well. This is not war. This is simply the give and take of your sacred free market system. True, it does happen that one of the players is a government body, but each of the big three oil companies made net profits that were higher than the Alaska state budget last year. The oil companies are not victims. You even wrote a column about standing up to bullies. I would think most Alaskans see Sarah Palin as doing just that.

The first attack: The governor gets legislation passed shutting out the producers from the process of building the gas pipeline. This will end up hurting us more than them because the oil industry can go other places to get gas to market.

I’m not quite sure what action of our governor he is referring to since he only gives generalizations and no specifics. Even if Fagan's assertion is the true, is that worse than how the previous governor worked out the original PPT bill “in closed-door negotiations with the three major oil companies on a contract for fiscal terms for a pipeline” shutting out the legislature and the public?

But the governor’s second major offensive in her “Operation Oil Companies Bad” campaign will hit the industry hardest.

High school students make less slanted arguments than this. To see how another journalist writes about the Governor’s strategy team, read Tom Kizzia’s piece on Marty Rutherford, apparently one of the governor's ‘oil companies bad’ lackeys.

After the industry has already invested $50 billion in infrastructure in our state and pumped close to $80 billion into state coffers, the governor has cut them down at their knees.

Let me get this straight. Exxon’s annual net profit for 2006 was $39.5 billion, BP’s annual net profit for 2006 was $22 billion. And Conoco-Phillips’ was a mere $15.5 billion. Three of the largest corporations in the world have been cut down at their knees by a 43 year old former mayor of Wasilla, first term Republican governor who still hasn’t been able to oust Randy Ruedrich from the chair of the Alaska Republican party? I can see them hobbling around on their bloody stumps right now. Yeah, right Dan.

According to Tim Bradner in the Alaska Journal of Commerce “Wood Mackenzie, a prestigious London-based consulting group, has ranked Alaska 99th out of 103 petroleum-producing regions surveyed in terms of political stability in fiscal terms on oil and gas. Only Venezuela, Russia, Bolivia and Argentina ranked lower than Alaska” If this is true, then the oil companies have 98 other petroleum-producing regions to get their oil from. Cut off at the knees? Do you even believe that Dan?

The tax increase coming out of Juneau last week is enormous. It proves the governor’s strategy is now abundantly clear. Higher taxes, bigger government are the keys to our economic future.

Well, at least the governor does something right - she has a clear strategy. Is that bad? I think “higher taxes, bigger government” was Vic Kohring’s scare chant too. He’s the guy you accused of selling out in a column two weeks ago about which I said your writing had improved.

The governor has allies in the Legislature made up of three camps. There are those like the governor who believe some consultants who say higher taxes do not influence investment. The problem is these consultants come from the world of theories, not real life.

Dan, please give me the name of one legislator who believes that higher taxes do not influence investment. Just show me one quote where the governor says that. Show me the quote from the consultants you say said that. They don’t exist. They all know that taxes affect investment. They just don’t believe the sky-is-falling rhetoric that oil companies and their friends, like Dan Fagan, are spreading. They are looking at more than the investment climate rating and seeing that those other 98 places all have their downsides too. Fagan is now an expert on real life?

Politicians who fall into the taxes-don’t-affect-investment theory believe they are doing the right thing but are not real bright. The second camp is made up of pure socialists, those who think “corporate America bad, government good.”

How about some names here Dan ‘McCarthy’ Fagan? Who are the pure socialist legislators? Do you even know what a pure socialist is? Again, show me some evidence. And even if there were such simple minded legislators, how is that any less simplistic than your own chant of “Business is good, government is bad?” There has to be a balance between those two sectors, plus room for other organizations and individuals who don’t fit in either camp. Reasonable people understand this and they may debate about where the appropriate balance of power is. But they don’t chant either extreme.

Rep. Les Gara said on my talk show he thinks we should tax the oil companies at 80 percent.

Under the former PPT plan, the industry paid about 63 percent to government. The governor’s new PPT plan raised the rate to about 68 percent. But on Friday the Legislature’s version of the governor’s bill raised the government share to more than 70 percent. That leaves only one branch of government, the judiciary, to make Gara’s 80 percent rate dream come true. With this Supreme Court, anything is possible.

Huh? Can you explain how the judiciary can raise the rate proposed by the governor and set by the legislature? Why would you even say this? Maybe I’m missing something, but I can’t imagine any scenario where the Supreme Court could raise the tax. Please, spell out how this could happen. Can you say red herring?

The third camp of tax-and-spend politicians is the one that bothers me the most. They do it to increase their power. These panderers know the billions of extra cash they are transferring from the private sector to government will allow them to make the media and big labor happy by growing the operating budget even more.

Wait. Originally there were just “allies in the Legislature made up of three camps.” Now you are saying there are three camps of ‘tax and spend” spend politicians. It’s really hard for me to not get sarcastic here. In fact I've failed utterly to keep an objective tone. I’ve been criticized by a few for being too even handed and not explicitly spelling out my conclusions. It’s hard to not make those judgments here about what was written, but I certainly have nothing that would allow me to conclude what Dan Fagan’s motivation is. I can only make hypotheses based on the evidence. Does he truly believe what he’s writing? Is this simply talk show hyperbole to jack up ratings? Is he getting favors from the oil companies for these free screeds in the ADN now that the Voice of the Times is only on the web? I only know that this is as one-sided, simplistic, and full of unsubstantiated allegations that totally distort reality as any thing I can remember reading. That's pretty strong language for me, but that is why I'm going through this paragraph by paragraph. And now that I’ve gotten that out of my system, let me finish the rest of this.

This special session will end up being a windfall not for the public, but for the state’s public employee unions.

For the average Alaskan going to work every day, trying to support a family, hoping their kids’ kids will have a future here, this massive tax increase represents a huge risk.

Here’s Dan the populist coming out. It's those nasty state public employees who do nothing for the public. Who are these average Alaskans? Oil industry employees who might lose their jobs or get transferred to a part of the world with a more stable investment climate? Like Nigeria? Or Myanmar? Well, only about 3.5% of Alaska employees work in the oil and gas industry according to the Alaska Department of Labor. (Well you have to work the numbers, but they say there were 333,100 non-farm employees in September 2007 and of those there were 11,600 in the oil and gas industry. Go here then in the drop down window get "Alaska 2001 to present (excel file).")

What’s a huge risk for you Dan? Do you think the evidence that the oil companies will abandon Alaska because of the tax increase is greater than the risk of global warming due to human causes? If so, could you show me how you analyzed both?

The oil industry as a whole paid $1 billion in production taxes in fiscal year 2006. With the new PPT plan the industry will next year pay $4.5 billion dollars in production taxes.

Let me ask you a simple question. Would a 400 percent tax increase affect your ability to invest your money? This is not brain surgery, folks.

Everything is simple to you Dan, isn’t it? It also depends on how you play with the numbers. 400 percent is pretty impressive. But there are other ways to think about those numbers. How about comparing their tax burden (I’ll accept your numbers for this exercise) to their net profit last year? $1 billion divided by $77 billion. That’s just the big three. I know you’ll complain that I didn’t isolate their Alaska profits from their worldwide profits, but you know where that will lead, don’t you? To the fact that Exxon won’t tell us their Alaska profits. But since you’re so cozy with these guys, maybe you can ask them for the rest of us. Besides, this is NET profit, what they made AFTER taxes. OK, this isn’t perfect, but it’s the best I can do for the moment and it is close enough to make my point. So their taxes will go from 1.3% ($1 billion tax on $77 billion net profit) to 5.8% ($4.5 billion tax on $77 billion net profit). Looking at it that way it’s only a 5% increase. Now I’ll grant you that their Alaska gross income might not be $77 billion, but even if it were only $30 billion their tax would go from 3.3% to 15%. A 12% increase is certainly not anything close to a 400% increase. We can all play with numbers. And I have no idea where you got the $1 billion and $4.5 billion figures to start with. We do know that the PPT tax this year was raised from 22.5% to 25%. That is a 2.5% increase in the last year. So, Dan, there are lots of ways to figure out the percentage increase and each side will come up with numbers that make their argument sound better. But the wisest heads will know which ones are pure whimsy and which ones make some sense.

But the worst part of the new PPT plan is the standard deduction. It severely limits the industry from deducting expenses, making future projects far less attractive. But that’s not what this is all about anyway: future investments. It’s nothing more than a money grab. With this new plan, the state is expected to bring in a total of almost $8 billion in revenue from the industry in fiscal year 2008.

You think the governor is popular now, wait until she starts divvying up all those billions to those with their hands out. Public employee unions may erect a Sarah Palin shrine. They can place it next to the one the media built.

Of course when the oil industry bargains in private meetings with the former governor to come up with a plan they like and then buys legislators to push the plan through the legislature and blankets the state with misleading advertisements that's not a money grab. That's, what, Dan, just doing business? And how about all the private sector company employees that work on contract for the state, building roads, bridges, schools, doing oil forecasts, unsuccessfully lobbying Congress to open ANWR year after year,etc.?

But I believe history will prove this shortsighted tax-increasing frenzy will lead to real pain and heartache down the road. I know this is a radical concept anymore in America, but the truth is that taxes do deter investment. Taxation is the power to destroy. I am confident we will someday reverse what was done last week in the Legislature. The only question is, will it be in time to save our economy?

Well, Dan, at least here we partially agree - in a few years we’ll be able to see whether your dire predictions come true. Maybe. There are lots of factors that go into this that have nothing to do with this tax plan. Ultimately, we will not be able to parse out what would have happened if.... But we will see if the oil companies pack up their marbles and leave Dodge.

Sky Visits from Juneau

Sky and his parents spent the night last night. They're visiting from Juneau. Sky's mom was nominated to be Alaskan Nurse of the Year, but someone else was picked last night. But at our house, she's nurse of the year.




It was fun having a three year old spend the night - big smiles, runny nose, mercurial changes from happy to not. But he was very careful with the nick nacks and was a good eater.

The Alaska Supreme Court Decision on the Parental Consent Act

Last week the ADN had the following headline:

Supreme Court's abortion ruling angers GOP lawmakers

SEEK CHANGE: Coghill, Dyson want Alaska Constitution amended so state can require parental consent for underage girls.

By STEVE QUINN

Radical Catholic Mom argues strongly that pro-life legislation is the wrong way to go in Alaska:

The ONLY method is a Constitutional Amendment. That is the only way. Until there is a Constitutional Amendment, no pro-life bill will be able to survive the AK Constitution.

The discussion on her blog caused me to look up the ruling which can be found here. Below I've excerpted some sections of the decision so you can see the general logic of the court in the decision. The basic question is whether the law - which requires parental consent for girls under 17 to get an abortion, with exceptions for girls who are deemed competent to make the decision on their own (if they are married, in the military, legally emancipated, etc.) or getting parental consent would not be in the interest of the girl. On the face of it, telling parents, whose consent is required for getting a shot, that they do not have veto power over an abortion, seems contradictory. The court does weigh this parental responsibility to look after the interests of the child because children are recognized as not yet mature enough to make many decisions against the constitutional right of a woman to have control over her body. The question then is whether the Parental Consent Act (PCA) is the least restrictive means to achieve the balance between the two competing rights. The majority decides it is not.

Justice CARPENETI (appointed by to the Supreme Court in 1998 by Governor Knowles) wrote the dissenting opinion and was joined by Justice Matthews (appointed to the Supreme Court in 1977 by Jay Hammond.) They believed that the PCA did maintain the balance.

[p. 4] II. FACTS AND PROCEEDINGS
In 1997 the Alaska Legislature passed the Alaska Parental Consent Act
(PCA). The PCA prohibits doctors from performing an abortion on an “unmarried,5 unemancipated woman under 17 years of age” without parental consent or judicial authorization. The Act subjects doctors who knowingly perform abortions on minors6 without the required consent or judicial authorization to criminal prosecution. The7 parental consent requirement can be met through written consent from a parent, guardian, or custodian of the minor. The Act also includes a judicial bypass procedure whereby8 a minor may file a complaint in superior court and obtain judicial authorization to terminate a pregnancy if she can establish by clear and convincing evidence either that she is “sufficiently mature and well enough informed to decide intelligently whether to have an abortion” or that being required to obtain parental consent would not be in her best interests. If the court fails to hold a hearing within five business days after the9 complaint is filed, the court’s inaction is considered a constructive order authorizing the
minor to consent to terminate the pregnancy. 10


[p. 6] The State appealed, and on November 16, 2001, we issued our decision in
Planned Parenthood I. In that case, we concluded that the privacy clause of the Alaska11 Constitution extends to minors as well as adults and that the State may constrain a pregnant minor’s privacy right “only when necessary to further a compelling state interest and only if no less restrictive means exist to advance that interest.” We also12 reversed the grant of summary judgment and remanded the case for an evidentiary hearing to determine whether the PCA actually furthers compelling state interests using the least restrictive means available.13


[P. 8] As we have previously explained, the primary purpose of this section
is to protect Alaskans’ “personal privacy and dignity against unwarranted intrusions by the State.” Because this right to privacy is explicit, its protections are necessarily more22 robust and “broader in scope” than those of the implied federal right to privacy. 23 Included within the broad scope of the Alaska Constitution’s privacy clause is the fundamental right to reproductive choice. As we have stated in the past, “fewthings are more personal than a woman’s control of her body, including the choice of whether and when to have children,” and that choice is therefore necessarily protected by the right to privacy. Of course, our original decision concerning the fundamental24 right to reproductive choice specifically addressed only the privacy interests of adult women, but because the “uniquely personal physical, psychological, and economic implications of the abortion decision . . . are in no way peculiar to adult women,” its25 reasoning was and continues to be as applicable to minors as it is to adults. Thus, in26 Planned Parenthood I, we explicitly extended the fundamental reproductive rights guaranteed by the privacy clause to minors. 27


[P. 9] In the case at hand, the PCA requires minors to secure either the consent of
their parent or judicial authorization before they may exercise their uniquely personal reproductive freedoms. This requirement no doubt places a burden on minors’ fundamental right to privacy. As such, the PCA must be subjected to strict scrutiny and can only survive review if it advances a compelling state interest using the least restrictive means of achieving that interest. 28

They agree that the state’s interests are compelling.

[p. 10] B. The State’s Asserted Interests Are Compelling.
The State asserts that the PCA works, on the most generalized level, to
advance two interrelated interests: protecting minors from their own immaturity and aiding parents in fulfilling their parental responsibilities. We agree with the State that29 these are compelling interests.

We thus echo the United States Supreme Court’s statement that, “[u]nder
the Constitution, the State can ‘properly conclude that parents . . . who have [the] primary responsibility for children’s well-being are entitled to the support of laws designed to aid [in the] discharge of that responsibility.’ ”38

But,

[P.12] C. The PCA Is Not the Least Restrictive Means of Achieving the State’s
Compelling Interests.

We recognize that the legislature has made a serious effort to narrowly
tailor the scope of the PCA by exempting seventeen-year-olds and other categories of pregnant minors from the Act’s ban. It is true that the PCA is less restrictive than many other state statutes in terms of the scope of its coverage. But scope is only one of the important criteria that determine the extent to which a parental involvement law restricts minors’ privacy rights. The method by which the statute involves parents is also central to determining whether the Act’s provisions constitute the least restrictive means of pursuing the State’s ends.

By prohibiting minors from terminating a pregnancy without the consent
of their parents, the PCA bestows upon parents what has been described as a “veto
power” over their minor children’s abortion decisions. This “veto power” does not39 merely restrict minors’ right to choose whether and when to have children, but effectively shifts a portion of that right from minors to parents. In practice, under the PCA, it is no longer the pregnant minor who ultimately chooses to exercise her right to terminate her pregnancy, but that minor’s parents. And it is this shifting of the locus of choice — this relocation of a fundamental right from minors to parents — that is constitutionally suspect. For a review of statutory schemes enacted around the nation reveals a widely[p13] used legislative alternative that does not shift a minor’s right to choose: parental notification.

[p. 14 ..... But the State and its supporting amici fail to effectively rebut the trial court’s express findings to the contrary. According to the superior court’s findings, the PCA’s bypass procedures build in delay that may prove “detrimental to the physical health of the minor,” particularly for minors in rural Alaska who “already face logistical obstacles to obtaining an abortion.” The trial court found that judicial bypass procedures “will increase these problems, delay the abortion, and increase the probability that the minor may not be able to receive a safe and legal abortion.”

In fact, they argue, the parental notification, ultimately promotes the dialogue between the pregnant minor and her parents more than does a consent requirement.

[p. 15] Ultimately, because the PCA shifts the right to reproductive choice to minors’ parents, we must conclude that the PCA is, all else being held equal, more restrictive than a parental notification statute. The State has failed to establish that the “greater intrusiveness of consent statutes” is in any way necessary to advance its compelling interests. In fact, in its briefing before us, the State has not focused on the PCA’s benefits as flowing directly from the parental “veto power”; instead, it has consistently suggested that the PCA’s benefits flow from increased parental communication and involvement in the decision-making process. According to the State, the PCA protects minors from their own immaturity by increasing “adult supervision”; it protects the physical, emotional, and psychological health of minors, “[p]articularly in the post-abortion context, [by increasing] parental participation . . . for the purposes of monitoring . . . risks”; it ensures that minors give informed consent to the abortion procedure by making it more likely that they will receive “counsel that a doctor cannot give, advice, adapted to her unique family situation, that covers the moral, social and religious aspects of the abortion decision”; it protects minors from sexual abuse since “once appr[]ised of a young girl’s pregnancy, parents . . . will ask who impregnated her and will report any sexual abuse”; and it strengthens the parent-child relationship by “increas[ing] parental involvement,” “parental consultation,” and open and honest
communication.

[p. 16] The dissent suggests that where a minor forgoes judicialbypass, parental consent guarantees “a conversation.” But it guarantees no more than a one-way conversation and “allows parents to refuse to consent not only where their
judgment is better informed and considered than that of their daughter, but also where it is colored by personal religious belief, whim, or even hostility to her best interests.”44

While the decision is 16 pages, the dissent is 31 pages. The real difference is in the section of where they discuss whether the PCA is the least restrictive option. The dissent argues that it is. In the link to the decision this section begins on page 33.

The dissenting opinion is worth reading, but we have visitors from Juneau and you can read it at the link.

Fun Time at Central Middle School

KS, an Indian Ed teacher in the Anchorage School District invited me to meet with some of his students to talk about the Peace Corps. What do you say to 7th and 8th graders in 30 minutes? Well, I grabbed some pakimas, a farmer shirt, some Karen hill tribe shirts, a yellow King's polo shirt, and a pink polo shirt from my school in Kamphaengphet along with some books and pictures.

We had a good time learning how to put on a pakima (the blue and the red checked men's sarong like cloths) trying out the different shirts and looking at pictures of my 7th and 8th graders 40 years ago. Time went by fast and the kids were great.

Assembly Work Session on Anti-Sanctuary City Ordinance

The basic issues:

1. Paul Bauer has introduced an ordinance that would, among other things, require police to check immigration status of people they stop for traffic violations and to develop a working agreement with Homeland Security. This comes about because Anchorage has made itself a "Sanctuary City."

2. Hispanic civic organizations are strongly opposed because they believe they will be singled out as well as other people who 'look' foreign or have accents.

3. The Assembly Sub Committee had testimony from the following:

• Paul Bauer, the Assembly member who introduced the ordinance, had 30 minutes to present a slide show.
  
• Municipal Attorney said their analysis did not find constitutional problems, though there might be some problems with separation of powers issues - the assembly makes laws and the administration implements the laws. So if the ordinance would tell the police how they had to do their job, that might raise problems.
• The Municipal Prosecutor had several issues
• the negative effect it would have on police-community relations - that it would reduce trust of government and thus tips people give the police which is an important part of crime prevention and investigation
• the effect on reporting domestic violence - women would not report their sponsors for fear of losing sponsor plus other issues
• workload for his office
• Chief of Police Heun said the would continue doing what they do now. If they stop someone they ask for a driver's license. If the person doesn't have one they call it in to check and talk to them to see if we have probable cause to detain them. We have a functional arrangement with ICE (Immigration and Customs Enforcement).
• Robin Bronin, Alaska Immigration Justice Project (my notes aren't too good at this point, she reiterated points about impact on community and also about domestic violence I believe.)
• Angelina Estrada-Burney from Bridge Builders - Their organization's board has unanimously voted to urge the Assembly to vote no on this.
  
• Margaret Stock - this was by far the most impressive testimony. She introduced herself as a conservative Republican. I shouldn't be amazed anymore when I meet someone from Anchorage who turns out to be a nationally recognized expert on a topic. In this case - checking the web after the work session - I've found all sorts of things about her. From ilw.com:
  

  Margaret Stock is an associate professor of law in the Department of Law, United States Military Academy, West Point, N.Y.; an attorney; and a lieutenant colonel in the Military Police Corps.
  

  She had a number of problems with the ordinance.
• The term sanctuary city is not a legal term, but one created on talk shows and blogs
• The Immigration Reform Law Institute that is pushing this 'ideological experiment' is using Anchorage as a Guinea Pig but if Anchorage gets sued, they won't help with the legal costs, and they are proud that Paul Bauer has introduced their ordinance.
• Generally went through a list of practical implications of this type of ordinance, written, she alleged, 'by people with no practical experience with immigration law'
  
• the illegal alien lists used are extremely unreliable
• causes people who are not a problem to be reported
• lawsuits will result as people are wrongly detained
• The Cost Benefit analysis is way off - it will be a very expensive ordinance because of future litigation
  

I've said in previous posts that both my parents were immigrants to the US and that my grandparents were unable to get visas to the US and perished in Nazi Germany. So I'm come to this with a bias.

I did get a chance to talk to Paul Bauer alone after the meeting. He talks calmly, politely, and reasonably. He has a background in the security field and said he was stationed in Berlin for a while in the military and they gathered information from East Berlin. So it is quite believable that security is a high priority item for him, for which some individual liberties are legitimately sacrificed. And at some point I might agree with that general principle, but I suspect that on a continuum from 1 to 10, he would be ready to sacrifice liberties at 1 or 2, while I would be waiting for 8 or 9. He also talked about prevention - that he wanted to deal with gangs before they became an issue and the same here. Even if illegal immigration is not a problem yet in Anchorage - and everyone agreed that we don't have very accurate numbers - he wants to get ahead of the curve.

But his arguments about national security [he started with a slide of Al Qaeda terrorists] seem to be contradicted by other parts of his argument, particularly when he emphasized that 50% of the "illegals" were Mexican and another large percentage were of other Central/South American heritage. I don't think that we are worried about Mexican being terrorists.

I don't really understand why people get so emotional about immigration. All non-Native Americans were once immigrants. There is some primal fear that is at work here. I can't help but believe that for many it is the fear of 'the other.' This is legislation that the blatant racists can get behind and say is about "obeying the law," not race. Just because sites like Alaska Pride support this law, doesn't make it racist, but it doesn't make me feel more comfortable.

If you check websites on immigration, clearly this is a hot button issue. Is immigration the 'gay marriage' of the 2008 election? Is this one of the Republican wedge issues? Is this ordinance and the attacks on Begich over the budget part of the conservative offensive to tarnish the Deomocrats' most successful politician?

Assembly Work Session on Anti-Sanctuary Ordinance

[1:42 pm. The meeting is over, the subcommittee voted to recommend not passing this ordinance. This is a very rough live blog that was updated now and again during the meeting. I will try to clean it up later today.]

Live Blogging Assembly Work Session
12:00
Assembly Work Session on Local Enforcement and Anti-Sanctuary

Assemblymember Matt Claman opened the meeting at 12noon. Assembly member Paul Bauer is making a presentation with power point. The first slide was a set of pictures on Al Queda people who entered the US illegally.


Now a list of defininitions - illegal immigration
Qualified Alien - definition - lawfully permitted ....
Alien who has been battered or subject to extreme cruelty

Reasons for Illegal Immigration
War, reunite families, prostitution



Illegal Immigration is NOT victimless crime

Misdemeanor vs. Felony
sedond and subsequent times becomes felony

Recognize concerns about profiling. 50% of illegals are of Mexican origin and 24% are of non-Mexican South America

Gateway states - California, Washington, Oregon - laws that allow immigrants to come
Cal 2.83 million, Wash - 280,00, Oregon Sanctuary State, as is Alaska - because of Anti Patriot act resolution

Health Costs to US - people get health benefits but tax payers pick up the burden, and they spread diseases long ago wiped out in US

Mexico's defense of illegal immigrants - 20 Billion dollars to Mexico - they will not enforce their borders, release valve for them

Alaska Justice Center numbers - estimate 7-10,000 in AK

12:25 - Bauer finishing up his presentation - talking about the ordinance he is introducing
Where people indicate he is not a citizen, ...

Official Use of Individual Immigration Status Information - federal rules, no one can be prohibited

If we pass this we just say you come to agreement with homeland security. This does not preempt our laws.

12:36pm Continued live coverage Municipal Attorney says he does not think the ordinance is unconstitutional. Though there is something that could raise questions about separation of powers. The assembly makes law and the administration implements them. We are not sure the assembly can tell the administration what it must do is a potential problem.

Questions:
Teshe

Claman -whether the resolution turned Anchorage into a Sanctuary City?
Attorney: Not exactly sure what the popular press means when it uses the word Sanctuary City. But based on the legal research, this did not make law. This resolution did not change the legal environment of the municipality of anchorage.

[I'm learning how to do this - taking pictures, trying to upload, etc. The Library wifi is slow, so bear with me]

12:00 Matt Claman opening the meeting
Bauer will present first, then others


Teshe - I appreciate Mr. Bauer’s presentation, I’d like a copy of the slides.
I would like to make a statement at the end. There are a number of people here who want to address this. Thank you to Mr. Bauer for his presentation.

Claman: Only question. Dr. Selkregg? I handed out a copy of the Muni Attorney’s memorandum. The Question I had that is based on the 2003 statement that Anchorage is a sanctuary city. A resolution is an opinion and does not have affect of a law. Hard to understand how that changed us to a sanctuary city?

Bauer: since this became a big issue, cities have made themselves sanctuary cities. The state started in in May and in July the city did. The situation growing so much, the Congressional Research Service, when they asked about enforcing immigration law, a list of cities that they called sanctuary.

Claman: Did you write the ordinance yourself?

Bauer: I’m not a lawyer, it comes from a public interest group attorneys that used this as a model. This is very minor compared to what is out there.

Claman: Is the group you are discussing the Immigration Law Insittute?
The next person I’ve asked to make a presentation is the Municipal Attorney

M. Attorney:

Selkregg - Question about outcome of the law. Could you explore that with us? I think it’s a critical issue.

Attorney- Footnote 2 - refer to CRS report. Katie, Texas - even though a law may be permissable on its face, sometimes laws are extremely difficult to apply in the field on a day to day basis. The expeirences that happen in the field attract law suits. Racial discrimination suits, wrongful arrest, defamation. I think about APD and have no questions they won’t try to carry out the law impeccably. This kind of law regularly attract constitutional claims about the way they are applied.

Selkregg - I’d like to know more about what is happening in other cities as the outcomes of this kind of law. Laws may look like ok, but the actual impact may be bad - such as laws that affect who can vote.
12:48pm
Selkregg - concerned that Bauer said not everyone would be asked about their citizenship
Bauer - In your view - how do you view the ordinance yourself? What do you think it means. Ms. Selkregg says its the end of the world, we'll get all sorts of law suits
Attrny: We haven't said it unconstitutiona. By and large, it passes muster. It imposes some responsibilities on APD.
Bauer: Specifically/
Attrny: ob - responsibility to ask about citizenship of detained person; cooperate with federal forces. We've said there is nothing on the face of that that is unconstitutiona. It requres APD to enter a cooperative agreement with Homeland Security. But we did say there was a separation of powers.
Bauer:
Claman: Sorry you had your three questions, lots of other people, I may have to limit questions

added 1:13pm
Municipal Prosecutor: Some concerns about how this will affect our office. Similar to concerns APD has. Law enforcement needs to have close ties to community to do its job. These are the people we protect. They are also important sources of information, which we need as evidence to prove our cases. AT times this is hard to get, no one wants to talk to the cops. This requirement to enquire about people’s immigration status, it would deter immigrants from coming forward to cooperate with police to solve crimes. Concerns about domestic violence victims not filing because of concerns about their immigration status or their batterer will no longer be their sponsor. I should note there are special provisions for specific types of visas for victims of domestic violence under federal policy. Important to place emphasis on protecting victims of domestic violence. Anything that could deter immigrants from reporting domestic violence concerns me.

Finally, effect on workload in my office. We are source of information on legal matters for APD. Prosecutors take a lot of calls when they are off duty about legal questions and providing advice to police - we will be their primary source of advice. Very complex body of law.

Committee Questions:?
Bauer: Position of prosecutors office, because of close ties of APD to community, that we should neglect helping out and enforcing illegal aliens in the community. You did hear illegals cause a burden to the community.
Prosecutor: I’m expressing concern about enforcing laws.
Claman - we have four more people have to stop already one pm.

Rocky Heun, Chief of Police: Willingness to answer questions. Police will always fall back on probably cause and ????. No matter how law shakes out, we’ll continue doing, what we do right now. To investigate and enforce the law. We will make a traffic stop, for instance. If a person doesn’t have a drivers license, then we start talking. Attena go up. Check to see if they really have one, and talk to see if we have enough probable cause to detain them. We contact ICE, we have a functional relationship. ICE will give us advice - take guidance from ICE if we have probable cause to believe that someone is an illegal immigrant.
Scope of the problem as we know it. Mr. Bauer and I contacted ICE and we couldn’t get the scope of the problem. I went back to the APD files:
Arrests 2005 total of 6 2006, 7, this year 5. Total 18
We made total of 15,000 in 05 this year 10,750

APD arrests of illegals 42,817 chargeable offenses , we had 18 illegals. That doesn’t mean there are illegals we aren’t in contact with. Office of Detention and removal of ICE regularly check the jails to see if there is anyone there to be remanded. I don’t know those numbers so I’m interested in the FOIA request that Bauer has filed.

Tesche: Do you have statistics about violent crimes committed by illegals that hasn’t been made public?

Heun: I don’t have that, but I can get back to you.

Tesche: I want to test the proposition that there is a crime wave by illegals.

Bauer: One question. In your contacts what were circumstances of arrests that led APD to make contact with these folks.
Heun: Most were traffic stops, based on our suspicion
Bauer: Why dig further?
Heun: Not having a drivers license, you engage in conversation that leads to things.
Selkregg: I know you’ve been working with the immigrant community, if we pass this proposal, how will it affect our relationships.
Heun: Intl. Associ. Of Chiefs of Police have guidelines. This is a concern. Always a concern when any element in the community perceives itself to be isolated from the police.
Claman: Immigration Justice Project
Robin Bronin, Alaska Immigration Justice Project

Robin Bronin, Alaska Immigration Justice Project
….Congress has been creating legislation to help immigrants come forward, especially those who have failed to get their documents because a spouse has been abusing them.
Claman: We would like copies of both documents.
Bauer: Do you now or have you ever harbored or supported illegal immigrants and if you did would you give us numbers and could you help us develop our statistics?
Bronin: I don’t have that information 1:17

Bridge Builders, Angelina ????: Sent email to all members of assembly, that board members of BB have passed a resolution against this ordinance. Our member come from various ethnic communities of Anchorage. We want Anchorage to become the first city without prejudice. This ordinance would be harmful to our goal.
We work with the police and ASD hoping that Anchorage will serve as a cultural mecca, that people will value the diversity of Anchorage. Distressed with the anti-immigration sentiments on blogs and media that this ordinance has generated.

Bauer: Hi Angelina. One question. As the ordinance is drafted…. What fear do you see that legal immigrants would have?

Angelina: Who would be asked - profiling? Would people with dark skin or an accent be asked but not others?

Bauer: I agree with you. And the ordinance does have things that get that through. The presentation prior stated statistics… in no way can you get away about illegal immigrants.

Angelina: We believe in equal respect for all people here.

Selkregg: Have you asked UAA and hospitals about this?
Angelina: We work with them but haven’t asked

Fed. Employee, attorney, : I’ve been an attorney in Professor at West Point, Dept. Of Law. But today only talking on behalf of myself.

Dept. Of Defense has a significant number of illegal immigrants fighting in Iraq. We do grant postumas citizenship to those who die in combat

I’m a registered Republican and conservative who lives on the hillside.

Sanctuary City term is not a legal term. It is basically a talk radio and blog term. The slide show had lots of errors. All the Al Queda entered country legally.

Ordinance offered by people with no practical experience with immigration law. It is ideological experiment. Not a problem in Alaska. We are a guinea pig for this organization. They are very proud Bauer has introduced this here in Anchorage and brag about it on their website.

This generally causes people who are not a problem to be reported. Hard to determine who is or is not a citizen. I’ve had people walk into my office who said they were illegal aliens and after 45 minutes I told them they were citizens. And vice versa. Very had to figure out if someone is illegal alien. Run the name through the data base, but the data base is full of errors. Rep. ???, ran her new attorney’s name through the data base and found she was listed as illegal. She’s not.

Cost Benefit - lawsuits happen, expensive, go on for years, ordinances get struck down. Facing millions of dollars in attorney’s fees. The institute doesn’t pay the attorney fees for legislation they foist on them.

It requires checking anyone who is not a citizen.

Bauer: It’s 1:30 this meeting is over.

Claman: We started 6 minutes late, so we will go six more minutes.

Tesche: I don’t know enough about immigration law to ask a question.
Johnson: C/B analysis - Bauer says he wants it passed because it will create fear. And attached link
Bauer: You need to get your facts straight.
Claman: We’ll resolve that off the record.
Bauer: I have a lot of questions. You have impeccable qualifications. I did training at West POint ROTC. Millions of dollars of lawsuits.
???: Not this one, this one hasn’t been tested.
Bauer: Thank you. This is a totally different ordinacne.
???: Yes, we’re a guinnea pig they got you to file
Bauer: They didn’t get me. I chose on my own there were two models and I DID NOT chose number 2.
Claman: Close public hearing. Subcommittee ready to make recommendation?
Tesche: I would incorporate all the comments on the record and propose a do not pass.
Johnson: I listened to everyone and have had calls. I felt all along, to be honest, that the resolution of 2003 was non-binding. I have to say I do not feel this is a Mu;nicipal Issue and I’m not comfortable tying up MOA resources and support do not pass.
Claman: As chair. I don’t get past the sanctuary city analsysis. It’s an expression of opinion and they are valuable and they differ. It is not binding on what we do. I can’t get to the point of sanctuary city. Also recommend do not pass.

The attorney name is Margaret Stock.

The meeting is over. I’ll post this then try to clean it up and add stuff later. 1:10pm

Charlie Wilson's War

At the movies last week, we saw the preview [I know, they call them trailers these days, but 'pre' 'view' as something you see before seeing the actual film and something you see before the feature movie, still seems to make more sense than something you drag behind, like a trailer] for Charlie Wilson's War, starring Tom Hanks and Julia Roberts.

I want to make a plug here for George Crile's book. It's a very engrossing giant of a book that tells the nonfiction stories of Congressional intrigue, setting up the US arming of the Muhajedeen resistance to the Soviets in Afghanistan, and wheeling and dealing with the powers that be in Pakistan. This book goes into great detail, but reads like a good adventure spy novel. There's no better way I know of to till in some of those blanks about how we got where we are today in Afghanistan and Pakistan. I know that the movie, no matter how good it is, just can't go into the details that book does. If kids studied history by reading books like this, it would be the favorite subject of more than few people like Ropi.

So, before the movie publicity causes all the library copies to be checked out, go get your copy and start reading Charlie Wilson's War.