It was really hard listening and typing today. There were some interesting points, especially in the afternoon when the plaintiff's attorney cross examined Board Chair Torgerson. I'm really trying to get up the energy to write about it. Since I attended most of the public meetings, I understood what they were talking about and I had my own opinions about some of the responses. But if I'm going to get up early enough tomorrow morning to listen in again, I just can't turn this out fast enough.
So, just to get something out, I'll put up a few of the things that caught my attention.
1. In the morning session, Torgerson talked about his career path from his time in Anchorage to the military and working for Louisiana Pacific, Union Oil, and getting into the legislature. (This was in the morning session and you won't find it in the notes below.)
2. His discussion of how he got onto the board - applied through the Boards and Commissions departments process, but also discussions with the heads of the Senate and House in case he didn't get appointed by the governor. All pretty standard, but we don't usually hear all this background stuff. We learned that Joe Balash was in on the talks and that Torgerson had beer with Balash around this time. But he didn't remember if they talked about getting on the board.
3. Hiring the Voting Rights Act (VRA) expert. I'd heard while blogging about the board, that they'd had trouble getting the VRA expert on board because in the previous redistricting process, the board had the power to hire. But this time, it had to go through the governor's office and they went by the book. But plaintiff's attorney Mike Walleri established that the staff attorney was hired in October while the VRA expert didn't come on board until April. So, the time between when all the board members had been appointed and they began doing things until the put out the Proclamation Plan was 9 months, and the VRA expert wasn't hired for seven of those months. Walleri asked questioned about when they first requested from the Governor's office that the VRA expert be hired. Torgerson couldn't remember. Then Walleri asked if they'd had to go through the Governor's office to hire the staff attorney. Yes. But he was on board in October and the VRA expert wasn't on board until April. Why the big difference? Torgerson didn't really answer this other than to blame the Governor's office and that the attorney was in-state and the VRA expert was out of state RFP. This becomes important because the Board worked off the old terminology and presumed benchmarks for native districts for their first draft plan. These were the standards they had to meet to get pre-clearance from the Department of Justice that they met the VRA standards. And the third party groups that also were coming up with alternative plans had to work from these standards. Once the expert got on board and checked the draft plans, she said the terminology and standards were different from last time.
Walleri wanted to know why they hadn't hired the VRA expert early on. She didn't need the new Census data to review the voting patterns for the last decade and she could have come up with the real target benchmark before the Census data came in. Then they wouldn't have wasted so much time with the wrong target benchmarks.
This is also an issue because, ultimately, the Board is claiming that none of the private groups that submitted plans met the benchmark standards, so this shows that it was too hard to meet AND meet all the Alaska Constitutional standards. But if the other groups didn't have the right benchmark information - it turns out the real numbers didn't come out until after all the plans were submitted - there was really no way they could have turned in acceptable plans. So if that holds, that would blow that argument for the defense.
3. Torgerson said that none of the 3rd party plans met benchmarks, but Walleri found places on the record where Handley said they did. But then the next day the staff attorney and the executive director both said, that actually Handley didn't have the right data and they really didn't meet the benchmarks. Walleri made a big deal about the fact that except when Handley spoke by phone or in person, all the board contact with her went through "the filters" of attorney White or executive director Bickford. Torgerson took issue with the word 'filter' but said White and Bickford were the ones who communicated with Handley.
I observed, last year at the board meetings, a lot of confusion over the terminology - it kept changing - and the number of required districts of each type (also changed several times), but that the Board and staff were trying really hard to pin down the numbers. There were several times during breaks where Mr. White and/or Mr. Bickford discussed at length with me and others the details of the terminology of effective district, majority-minority, influence, etc. I admit I'm not a political person. I may be interested in politics, but I'm much too open about what I think, so it is often hard for me to spot people who are the opposite. I take people at their word unless I catch them saying one thing here and something else there. Or what they are saying just doesn't match other information I have. But I certainly never had the impression that Bickford or White were plotting something on their own to hijack the Board. That doesn't mean I believed everything the board said, but I felt Bickford and White were pretty straightforward and eager to explain their positions and that they were feeling pressure from the Board at times to do things they weren't excited about. But it's possible I was fooled. But I would need more evidence.
Rough, very rough, notes warning:
Below are my running notes for the afternoon session where most of this was covered. Again, I had trouble either hearing or keeping up with (or both) for Michael White. He spoke very rapidly and was usually drifting from the mic. So don't take these notes as verbatim, but as a rough shot at what was actually said. I'll put a page break up - but as I checked yesterday, that only works on some browsers and not others. So if you want the afternoon notes, and you don't see them, look for the read more button. And again, I'm sorry this is so loose. Listening most of the day and trying to take notes fried my brain.