Alaska Redistricting Board Meeting One More Time Monday [Agenda Added]

 The Alaska Redistricting Board will meet by 

teleconference on Monday, June 26 at 12:30pm.

The public may listen by audio stream 

through http://akleg.gov or by calling one 

of the following phone numbers:

 - Anchorage 907-563-9085

 - Juneau 907-586-9085

 - Other 844-586-9085

The agenda hasn't been posted yet.  A likely topic will be to either approve a settlement with the Girdwood plaintiffs, or to vote on whether to let the Courts decide.  I'm hoping to find out before the meeting.  

Going to teleconference may be to avoid the zoombombing that happened yesterday.  Here's a link with suggestions on how to avoid zoombombing.  

Alaska Redistricting Board Meeting - Board Votes To Have Counsel Negotiate Legal Fee Payment With Girdwood Plaintiffs

[I first posted most of this when Board went into Executive Session.  Now I've added their motion and vote in public session after ES finished.  Took them an hour in ES. I also edited the title.]

12:30pm Roll taken - all there  Matt Singer, attorney, also there

Agenda - add #5 - let public know about legal issues and any decisions - edited agenda shown.  

John:  Being zoom bombed in chat  - agenda change adopted

John:  Minutes corrections?

Budd Simpson:  "because of expedited couldn't explain to Board"  should be "to the Court"

Minutes adopted with changes.

going into ES, there was a suggestion to give explanation of ES

Torkelson:  Board adopted plan May 15, no challenges by June 14.  So adopted.  Job now to discuss settling one or more of the litigants seeking attorneys fees.  

Binkley:  Thanks, good to keep public as informed as possible.

Motion to move ES for purposes that were articulated.

Matt:  Open Meetings Act - make clear to make it clear why going in - Statute - include statute that allows executive Session.  Go to meet counsel 44.3.10 1 and 4 - discuss legal strategies and potential attorneys fees.  

Binkley:  Hearing no objection, we'll go into ES and shouldn't be more than 30 minutes and possibility we'll come out of ES to take action.  

12:42 - Board adjourned to beak out room for ES.

1:45 back in public meeting

Binkley:  Anyone have motion to entertain?

Bahnke:  Motion to have counsel negotiate directly with Girdwood plaintiffs over fee.

Binkley:  Any objection?  No objection.  Passes

Binkley:  Motion to adjourn?  moved and seconded.  Adjourned.  

WHAT"S NEXT?

My assumption is that the Plaintiffs will ask for full legal fees.  They'll spell out their billing for their time in the Superior Court and also in the Supreme Court.  I'm guessing this will come out to be around $150,000.  I'm assuming the Board gave their attorney a limit on how much he could pay them.  If that limit is close enough to the total for the Girdwood plaintiffs, they'll settle and this will all be over. 

But if the plaintiffs think they are being low-balled, they have the option to go back to court.  From what I've heard, they would have to go to the Superior Court and the Supreme Court separately.  I assume the courts would, at least, tell them to take what the Board offered.  At best, the courts would award them full payment.  Both courts agreed with the plaintiffs' legal challenge and recognize that the challenge allowed them (the Courts) to correct a gerrymandered map.  

According to the Board's budget as of November 2022, there should be enough money to pay the total expenses if the $150,000 estimate is close.  

John Martin Shot To Death

https://www.adn.com/alaska-news/crime-courts/2023/06/19/shooting-of-man-sleeping-in-south-anchorage-parking-lot-was-unprovoked-attack-prosecutor-says/

Back in 2012 I posted about John Martin's city hall protest 

over homelessness

.   The post included a 

video that is no longer working (it was on Viddler and they cut my account long ago.  Though they did send me the files for my videos.  I redid some on YouTube, but not all of them.  Not sure where that file is anymore.  I mention this simply because this is a danger in an age when people store the photos, videos, and data outside of their control.)  In the video I talked to John and then Mayor Sullivan comes across the street and gives John a cup of coffee and they chat a bit.  

A previous post shows him at the Assembly and I did a brief video at the break. (It too was on Viddler and doesn't seem to be working, though it flashed an image of John just before turning black.  Somewhere I probably have these on a sound card.  When Mac upgraded they switched out of the old iMovie and so those original files are available either.  Beware how you backup your stuff.)

I'd been walking from the bus station to the Redistricting Board meeting and showed up at just the right time.  

I don't know much about John.  He did later attempt to cross the Bering Sea to Russia.  He was a committed advocate for the poor and homeless.  He saw the world from a slightly different angle than most people.  

I don't know why he was shot.  I don't know if he was the target or he was just randomly shot.  I just know we've lost a unique and sensitive member of our community to gun violence.  

Redistricting Board Meets Thursday, June 22, At 12:30pm To Discuss Plaintiff Legal Reimbursement

I got an email from the Alaska Redistricting Board (I subscribed to the email list long ago) announcing a zoom meeting Thursday to discuss potential settlements regarding attorney's fees and costs.  From the Board:

"Date: Thursday June 22, 2023
Time: 12:30pm
Place: https://us06web.zoom.us/j/82969365602?pwd=T2ozcno4dWFFQnc3eFN0WmlDYVFSZz09

Agenda

1. Call to Order and Establish Quorum

2. Adoption of Agenda

3. Adoption of Minutes

4. Executive Session to meet with the Board’s counsel.

   Pursuant to AS 44.62.310(1) and (4), the Board will discuss legal strategy and potential settlement regarding attorney’s fees and costs.

5. Adjournment"

The draft Minutes of the last meeting are also linked.

I've emailed the following suggestions to the Board:

"A couple of suggestions, since there's no public testimony:

1.  Before going into ES, please have the Board announce which plaintiffs still have outstanding legal fee requests, which ones will be discussed, and which have already been finalized or decided by the courts.  Also clarify that there are claims for both the Superior Court and the Supreme Court.

2.  Change adjournment to Item 6 and change item 5 to:  "Return to Public Session:  Vote on any decisions regarding issues discussed in ES."  (My understanding is the Board has to do all the voting in public.) 

"An executive session is not a stand-alone, or secret meeting; it is a part of a public meeting in which the public may be temporarily excluded for certain purposes. Actions are not taken during executive sessions. A decision by a governing body, such as a city council, to conduct any step in the deliberation process outside of the public forum must weigh the public interest in the right-to-know against any potential harm that could result from open deliberation. The governing body may, at its discretion, invite others into its executive session."   https://www.commerce.alaska.gov/web/dcra/LocalGovernmentResourceDesk/LocalGovernmentElectedOfficials/MeetingsHeldinExecutiveSession.aspx

"Is secret ballot voting allowed under the act?

Almost always, no. In addition to requiring that deliberations of a governing body be open to the public, the act also requires that the vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote, including meetings conducted by teleconference. The one exception is organizational meetings of a governing body to elect members to various offices, which are exempted from the requirement that the vote of each member be made public (AS 44.62. 310(a))."

https://dev.gov.alaska.gov/wp-content/uploads/Open-Meetings-Act.pdf

I understand they will be talking about settlements with at least Girdwood plaintiff attorneys.  That implies they will potentially be discussing a range of dollar amounts the Board is willing pay in settlements.  Revealing that range does somewhat compromise the Board attorney's ability to negotiate.  But I have three thoughts:

1. Plaintiffs who successfully argued before the Superior and Supreme Courts resulting in significant changes should be awarded attorney fees and costs because they've done a service to the Alaska.  The Alaska constitution anticipates the public has such a role to play by giving any Alaskan the right to challenge a Redistrict Board's Proclamation Plan.  
2. Based on the Board's budget as of November 2022, the Board should have enough money left over.  
3. At the very least, in public session, the Board should announce the nature of their decision (ie Should the attorney negotiate with the plaintiffs be authorized to settle within the range the Board discussed in ES?) and then vote.

Alaska Redistricting Board Done Mapping - Board & Girdwood Plaintiffs Trying To Wrap Things Up

[Warning:  After points 1 and 2, I suspect only those really interested in Board trivia will be able to keep their eyes open.  Even I'm having trouble getting everything straight.  Be careful to note when I'm talking about the Superior Court and when the Supreme Court.  That was a wrinkle I hadn't thought about.]

Board activity on two fronts in the last couple of days:

1.  The maps are done.  Wednesday was the last day of the 30 day period to challenge the final Proclamation Plan.  There were no challenges.  So the Plan that was used for the 2022 election becomes the permanent plan.

2.  There are still questions about attorney fees for the Girdwood plaintiffs. (I thought other attorney fees issues were dealt with after the Interim Plan was approved, but it appears from Peter Torkelson's email that they might have been on hold too.) The Girdwood plaintiffs are the folks whose challenge led to the Supreme Court saying the Eagle River pairings were unconstitutional partisan gerrymandering in the second round.  

This all gets a little complicated.  I started by asking what I thought was a straightforward question about why the Board filed an objection to the request for fee reimbursement when Board Member Borromeo had said the decision to object should be discussed in Executive Session.  They didn't go into ES at the last meeting (when they approved the Permanent Plan) and there hasn't been a meeting since then.  .  

Looking at the Docket, it seems the Board's objection was only filed on June 2, 2023, more than two weeks after the Board met to approve the Final Proclamation Plan.  

Dkt#	Document	Item	Status	Date Filed or Issued	Filed or Issued By
40		Order Re: 39, Motion to Extend Time to File Reply to Opposition	Distributed	6/16/2023	Court
39		Motion to Extend Time to File Reply to Opposition	Filed	6/16/2023	Theiss, Louis
38		Opposition Re: 37, Motion for Attorney's Fees	Filed	6/2/2023	Alaska Redistricting Board
37		Motion for Attorney's Fees	Filed	5/12/2023	Theiss, Louis

 

 Board Executive Director Peter Torkelson emailed this response:

"The Girdwood fee objection was filed, along with all the others, to meet the Supreme Court's earlier deadline and does not preclude the Board from negotiating one or more settlements." 

That clarified some things, and another email said that there was a deadline to file an objection and the Board attorney, I'm assuming here, had to file something by the deadline or forfeit the right to object.  

The Board had postponed meeting until they knew whether there were any court challenges to the map.  The deadline for that was, as I said above, Wednesday.  There were none.  So now the Board can meet.  No challenges to discuss, but there's the reimbursement of attorneys fees to discuss.  

There are other complications too.  There are attorney fees for the Superior Court which, if I understand this right, will be decided by the Superior Court.  Then there are attorney fees for the Supreme Court which will be decided by the Supreme Court.  

I also reached out to Mike Schechter, one of the attorneys for the Girdwood plaintiffs.  

He said the Board and the Plaintiffs are working together on the schedule for the Superior court..

"The schedule that the parties are jointly proposing to the superior court:

Attorney fee briefs are due July 25. Board's oppositions due August 22. Reply Briefs due September 5."

Meanwhile, today (Friday June 16) the Supreme Court gave the Girdwood Plaintiffs until June 30  to reply to the Board's opposition motion.  Of the files listed above on the Docket above, only today's Court order had a link allowing me to see the actual document. 

Just to be as clear as possible, above is today's SUPREME COURT order.  

Below is the joint motion to the SUPERIOR COURT.  (Although it's signed by the Board attorneys, Mike Schechter assured me it's from the plaintiffs as well.)

So the 2010 Redistricting Board work is slowly moving to closure.  

333.33 - I'm 1/3 Of The Way To My 1000 KM Goal

This is what my windshield looked like when I dropped the car off at Speedy Glass yesterday.  The new windshield was ordered March 28 and it only just arrived and was ready to be installed on June 13!  I really couldn't use it - seeing out from the driver's seat was pretty tricky.  And the bullseye was leaning in and I was afraid that a good bump might bring it all crashing in.  As I mentioned in an earlier post, an icicle did this.  

In any case I had my bike with me and headed straight for Chester Creek and the bike trail to the Coastal trail.  My normal bike rides are anywhere from 12-16 km (7.5 miles to 10 miles) but I've decided to push that a bit so I reach my 1000 km (about 600 miles) goal for the summer. 

The Coastal trail loop from my house is about 40 km, a lot more than I want to do on any given day, so I just don't get on it too often.  But yesterday reminded me how beautiful it is.

I rode a little past Neptune - about 13 km - and turned around.  (The sun is downtown at 4th and F. I did more on the background of this project a few years ago.)

When I got back I'd gone just under 25 km (15 miles).  I read my book for a while and soon the car was ready.  

The folks at not-so-Speedy Glass were very nice and apologized for the long wait which they attributed to 'supply-chain problems.'

When I got home and added the mileage onto my 2023 bike log, I had exactly 333.33 km.  Precisely 1/3 of the goal.  Though I expect I'll a little further than the 1000 km by the time there's snow.  

Alaska Redistricting Saga Could End By Thursday

 The Alaska Redistricting Board approved the Final Proclamation Plan May 15.  Alaskans have 30 days to legally challenge a final plan.  By my count, the deadline is Wednesday, June 14.  

If no challenges are filed, the plan is officially settled until the next plan is completed using the 2030 data.  

The Board has a request before it from the Girdwood plaintiffs to tell the Board attorney NOT to oppose their (Gridwood plaintiffs) request for attorney fees.  Other than closing shop, that's pretty much all the business I'm aware of.  

Of course, if someone files a challenge, there will be another trial.  But there isn't much left to challenge.  All the house districts were settled in previous court decisions and there are only a few north-east Anchorage Senate districts that could possible be still in play.  And there's no real basis for a successful challenge that I can see.  Nor do I see any real advantage for anyone to gain.  But others can, I'm sure, see more than I can.  

All in all, this was a much more representative Board than the last one.  The Board had three active Republicans and two who did not declare any partisan affiliation.  On many things they got along well. On a few there were strong disagreements.  There were three woman and two men.  Two of the women were Alaska Native.  

Peter Torkelson, the Board's executive director has made arrangements for the Board's website to be preserved at least until the next Board convenes.  The last one had documents scattered on various state sites, which disappeared as new governors got elected.  The Board's site just vanished.  

The only readily available documentation for the 2010 redistricting is on this blog - there's an index in the page just below the header - Alaska Redistricting Board 2010-2013.  And the overview page with an index of posts for the 2010 process is also up and supplements the official Board Page.  

The Trump Indictment - An Outline And Brief Thoughts

I've read the indictment and these are some of my own notes so I could keep track.  My notes are an abbreviated version that might be quicker for people who haven't read the Indictments.  They're below.  But first I'll make some comments based on what I've read.

Image from Reuters via BBC

1.  There's a co-conspirator also indicted - Waltine Nauta.  Nauta is from Guam and was in the Navy and assigned to Trump in the White House as his valet.  He followed Trump to Mar-a-Lago post presidency.  It's clear that Nauta followed Trump's orders closely, but I'd like to know more about him.  Given the job of a 'valet' and looking at this picture, I'd, for now, give him a break.  He was clearly caught between his loyalty to his boss - and a valet has a particularly close relationship with his boss - and responding to the FBI and others truthfully. Seems it's akin to a spousal level of confidentiality.  (Or maybe I've watched too many British tv shows with butlers and valets.)   It seems there are a lot more folks who went along with Trump (and even serve in Congress still) who are far more guilty than Rauta.  But as I say.  Maybe he's more savvy than I'm giving him credit for, which is why it would be good to learn more bout him.  

2.  The indictments are very specific and there is lots of evidence showing

• Trump knew the law 
• He broke the law
• He tried to cover it up

He had lots of top secret documents related to national security, to intelligence about other countries' military readiness that he kept in boxes, some in spaces at Mar-a-Lago that members could have gotten into if they poked around a bit.  There are even a couple of cases where Trump shared these documents with others who weren't authorized to see them, and he said that as he showed them.  I can't help wondering what purpose Trump could have to keep all those top secret documents regarding US and other nations' military security, other than to sell or gain other favors.  This is not like a 19 year old stealing street signs to put up in their dorm room.  

But there is nothing hinting of sharing or selling documents with foreign nationals or others who would get them to foreign nationals.  

3.  I'm assuming that if they have such evidence, they are saving it for a different trial.  And that such evidence would be hard to come by.  This case looks like it's intended to be foolproof.  Here's the law, here's how he broke it, here's the evidence.  Only a juror who wanted to sabotage the trial could dispute the evidence that a crime had been committed.  

I have more thoughts on other issues surrounding the indictment, but I'll leave those for now.

Here's my outline so you don't have to read the original, unless you want even more details.

[I'll check for typos and make corrections later.]

INDICTMENTS

GENERAL ALLEGATIONS

Introduction

This section talks about background - 

1. Trump was president, 
2. As president he gathered notes and documents
3. The kind of info in the classified documents stored in boxes - defense and weapons capabilities of the US and foreign countries;  US nuclear programs, potential vulnerabilities of the US and allies; plans for possible retaliation to a foreign attack.  Unauthorized disclosure would put US at risk
4. Jan. 20 he left White House, ceased to be president, transported boxes to Mar-a-Lago
5. Describes Mar-a-Lago, the events and numbers of people there.  Unauthorized location.
6. Trump twice showed secret documents to people without security clearance 
7. March 30, 2022 FBI opened criminal investigation
8. Lists times Trump withheld documents, subpoenas, and the search of Mar-a-Lago

[Given the limitations of Blogspot lists, I'm going to break the numbering here to at least include main headings.]

TRUMP's Co-Conspirator

9.  Defendant NAUTA - was member of Navy, stationed as valet in White House, worked closely and traveled with TRUMP

The Mar-a-Lago Club

10.  Location, TRUMP's residence. more than 25 guest rooms, two ballrooms, spa, gift store, exercise facilities, office space, and outdoor pool and patio.  As of Jan 2021 had hundreds of members, staffed by more than 150 full, part-time, and temp employees.  

11.  From Jan 2021 to Aug 2022 hosed more than 150 social events and drew tens of thousands of guests

12.  US Secret Service provided protection services to TRUMP and family at Mar-a-Lago, but was not responsible for protecting the boxes or their contents.  He did not inform of them of contents.

Classified Information

13.  Description of National Security and 3 levels of classification - Top Secret, Secret, and Confidential

14.  NOFORN = "Not Releasable to Foreign Nationals"

15.  Classified info related to intelligence sources, etc. was designated Sensitive Compartmented Info (SCI)

16.  Another classification was Special Access Programs (SAPs) to further protect classified documents.

17.  Only authorized people eligible for access to classified info. After presidency TRUMP was not authorized to possess or retain classified documents.

18.  Executive Order 13526 provided former president could get waiver if approved.  TRUMP didn't get a waiver.

The Executive Brand Departments and Agencies Whose

Classified Documents TRUMP Retained After His Presidency

17 - 21  List agencies Trump got briefings from as president.  21 lists agencies he retained documents from after he left office:  CIA, DoD, NSA, National Geospatial Intelligence Agency, National Reconnaissance Office, Department of Energy, Department of State and Bureau of Intelligence and Research

TRUMP's Public Statements on Classified Information

22.  5 Public Statements TRUMP made as candidate for president about classified info

23.  A statement he made as president on classified information

TRUMP's Retention of Classified Documents After His Presidency

24-26  Describe TRUMP taking documents from White House and storing them at Mar-a-Lago with pictures.  Nauta is mentioned as doing much of this work

27-32  Texts, descriptions, photos regarding moving of boxes around Mar-a-Lago showing Trump directly involved, including NAUTA reporting finding a box knocked over and documents marked secret and 'TRUMP caused' boxes to be moved to Bedminster Club, also not authorized for classified documents.

33-34.  July 21, 2021 Trump, no longer president showed reporter and publisher classified documents during interview (reporter was recording the interview)

35.  August or September 2021 met with representative of his PAC at Bedminster Club and shared document on ongoing military operation in Country B

36.  Feb 16, 2017 Trump press conference statement about the media printing classified info "But more importantly, the people that gave out the information to the press should be ashamed of themselves.  Really ashamed."

TRUMP's Production of 15 CardboardBoxes to the

National Archives and Records Administration

37.  Beginning May 2021 NARA repeatedly demanded documents 

38-45  Descriptions, including text messages and photos between Nauta, Employees 1 and 2, and Trump regarding storage and moving of boxes containing classified documents are Mar-a-Lago.  Includes moving boxes to Trump's office so he can go through them.

46.  January 17, 2022 "Employee 2 and NAUTA gathered 15 boxes [there were still lots more boxes] from TRUMP's residence, loaded the boxes in NAUTA's car, and took them to a commercial truck for delivery to NARA."

47.  NAUTA'S May 2022 FBI interview he made "false and misleading statements" regarding his knowledge of how many boxes, where they came from, how they'd gotten into Trump's residence etc.

48.  In the 15 boxes provided to NARA, NARA determine 14 boxes contained classified documents. FBI later determined boxes had 197 documents with classification markings, of which 98 were marked "SECRET," 30 were marked "TOP SECRET,"  and the rest "CONFIDENTIAL."

49.  Feb 9, 2022, NARA referred discovery of classified documents in TRUMP's boxes to Dept of Justice.

The FBI and Grand Jury Investigation 

50.  March 30, 2022 FBI opened criminal investigation

51.  April 26, 2022 federal grand jury opened an investigation

The Defendants' Concealment of Boxes

52.  May 11, 2022 grand jury subpoena to Office of Donald J. Trump requiring of production of all documents with classification markings in possession, custody, or control of TRUMP.  Trump Attorneys 1 and 2 inform TRUMP of Subpoena and he authorizes Attorney 1 to accept service.

53.  May 22, 2022 NAUTA spent 34 minutes in Storage Room and carried out one box

54   May 23, Attorneys 1 and 2 meet with TRUMP to say they needed to search for documents responsive to subpoena and provide certification of compliance.  Trump tells Attorney 2

• "I don't want anybody looking through my boxes, I really don't, I don't want you looking through my boxes"
• "Well what if we, what happens if we just don't respond at all or don't play ball with them?"
• "Wouldn't it be better if we just told them we don't have anything here?"
• "Well look isn't it better if there are no documents?"

55. TRUMP tells Attorneys 1 and 2 story about Clinton's (doesn't mention her name) attorney who did a great job and deleted 30,000 emails, so she didn't get into trouble.

56-58 - TRUMP arranged for Attorney 1 to search for documents on June 1 without Attorney 2.  Trump postponed departure to be there too.  Then TRUMP had NAUTA about 64 boxes from Storage Room to residence

59. June 1 TRUMP confirms June 2 date to search boxes to certify May 11 subpoena had been complied with fully

60-61 June 2, day Attorney 1 to review boxes, TRUMP has NAUTA and another employee move 30 boxes from residence to storage room

62.  So 64 boxes had been moved from Storage Room but only 30 returned.  Attorney 1 not informed.

The False Certification to the FBI and the Grand Jury

63  June 2 TRUMP met with Attorney 1 before review  NAUTA takes Attorney 1 to Storage Room

64.  Attorney 1 2.5 hours reviewing boxes.  Fnds 38 documents with classification makings, removes them, puts them in Redweld folder and seals with clear duct tape.

65.  After TRUMP meets with Attorney 1 and asks if he found anything, Is it bad?  Good?

66.  Trump suggests Attorney 1 take the folder back to his hotel room and put them in safe.  Asks him (in gestures) to pluck out anything really bad.  

67.  Attorney 1 notifies DoJ and asks FBI agent to meet him at Mar-a-Lago to pick up documents responsive to May 22 Subpoena.

68.  TRUMP tells Attorney 1 to have Attorney 3 act as custodian of records and sign certification, even though Attorney 3 had no role in review of documents

69-70  Next day Attorney 3 falsely certifies documents

71  Trump joined Attorneys 1 and 3 to turn over folder to FBI and said he was an open book

72  Earlier that day NAUTA and others loaded several boxes on plane that flew TRUMP north for summer

The Court-Authorized Search of The Mar-a-Lago Club

73.  July 2022, FBI and grand jury obtained and reviewed surveillance video from Mar-A-Lago showing movement of boxes set forth above.

74.  August 8, 2022  FBI executed court-authorized search warrant at Mar-a-Lago to search for and seize all documents with classification markings.

75.  During search, FBI seized 102 documents with classification markings in TRUMP's office and Storage Room.    Office - 27 docs, 6 top secret, 18 secret, 3 confidential  Storage Room- 75 docs, 11 top secret, 36 secret, 28 confidential

COUNTS 1-31

WILLFUL RETENTION OF NATIONAL DEFENSE INFORMATION

76-77 Counts 1-31 lists  31 Top Secret documents in Trump's possession and which he had his valet move back and forth to hide from his attorneys and from the FBI and other agencies.  The documents had descriptions like:

• "Document dated March 2020 concerning military operations against United States forces and others"
• "Document dated December 2019 concerning foreign country support of terrorist acts against United States interests"
• "Document dated October 21, 2018, concerning communications with a leader of a foreign country"

Count 32:  Conspiracy to Obstruct Justice

This count includes:

• a.  Suggesting that Trump Attorney 1 falsely represent to the FBI and grand jury that TRUMP did not have documents called for by the May 11, Subpoena
• b.  moving boxes of documents to conceal them from Trump Attorney 1, the FBI, and the grand jury;
• c.  suggesting that Trump Attorney 1 hide or destroy documents called for by the May 11 Subpoena;
• d.  providing to the FBI and grand jury just some of the documents called for by the May 11 Subpoena while TRUMP claimed he was cooperating fully;
• e.  causing a false certification to be submitted to the FBI and grand jury representing that all documents with classification markings had been produced, when in fact they had not; and 
• f.  making false and misleading statements to the FBI

Count 33:  Withholding a Document or Record  (more concerning hiding documents)

Count 34:  Corruptly Concealing a Document or Record (Trump had Nauta move boxes around so the attorney's didn't see them.

Count 35:  Concealing a Document in a Federal Investigation

Count 36:  Scheme to Conceal

Count 37:  False Statements and Representations - Trump and Nauta (by moving boxes) caused Attorney 3 to make false statements to the Grand Jury

Count 38:  False Statements and Representations - Nauta lied to FBI during interview

It's NOT Better To Ask Forgiveness . . . Why The Assembly Shouldn't Settle With Roger Hickel

Roger Hickel's construction company filed suit against the Municipality of Anchorage.

"In its lawsuit, Hickel says it wants to be paid for the nearly $2.5 million of work it did last year, plus damages to be determined."  (From Alaska Public Media)

He claims he had a contract with the Municipality to do the work and now he's not getting paid.  

The problem is that his contract wasn't valid because it had never been approved by the Assembly.

"It started last year when the administration authorized Hickel to begin construction without Assembly authorization. That came to light last fall, and the Anchorage Assembly suspended the project." (same APM article.)

Last September, the Mayor brought a contract amendment to the Assembly.  

"On March 21, 2022, MOA Purchasing approved a Contract with RHC for Pre-

11 Construction Management (CM) services for the MOA Navigation Center as the

12 result of Request for Proposal 2022P007. Of the two proposals received,

13 reviewed, and evaluated, RHC received the highest score. The contract amount

14 was $50,000.00 and the period of performance was through December 31, 2022.

15 M&O is now requesting approval of the addition of General Contractor (GC)

16 construction services at a Not to Exceed (NTE) cost of $4,900,000.00 and a

17 contract extension through June 30, 2023. This will increase the contract amount

18 from $50,000.00 to $4,950,000.00."

But the Assembly rejected the extension of the contract:

"In a 9-3 vote, members rejected the administration’s request for $4.9 million so the city could proceed with the project. Assembly members Randy Sulte, Jamie Allard and Kevin Cross voted to approve it."

Why?  Because the Mayor had earlier secretly approved the contract without getting the Assembly's approval for the contract extension, which is required.  

"The vote came weeks after the revelation that, against city code, Bronson officials authorized millions in construction work over the summer without first getting the required Assembly approval to increase the contract with Roger Hickel Contracting by the $4.9 million. Work had begun weeks before Bronson officials in early September sent a request to the Assembly to change the contract."

“The municipality and the contractor have both been operating in good faith based on no less than three Assembly actions that appropriated to the tune of $9 million towards this project,” Municipal Manager Amy Demboski said. “It was our intent — we thought we were collaboratively working with the Assembly.” 

 About that 'good faith.'  Amy Demboski is the City Manager who a short time later, after she was fired by the Mayor, published a 'scathing letter' with a long list of things the Mayor had done very much in bad faith.

"It's better to ask forgiveness than permission" is a phrase often uttered in large bureaucracies when someone is proposing to skip over the rules.  The most positive spin would be that the complication of such organizations often frustrates folks to the point that they think it's easier to just plow ahead, without jumping through all the hoops to get permission.  But on the negative side, it's interpreted to mean 'since we aren't likely to get permission, let's just do it and it will be too late for them to do anything about it.'

The latter would seem to be what happened here.  There weren't that many hoops at the Municipality.  They just had to get the Assembly's approval.  But the Assembly had serious misgivings about the Mayor's project and there was a good chance they wouldn't approve it.  

We know the Mayor's office had to know they needed the Assembly's approval.  Contract approval is a very important and frequent part of running the Municipality.  The requirements for contract approval are one of the first things a Mayor needs to know.   There were still some pre-Bronson era employees who knew the rules and would have mentioned this.  At the very least, the Municipal Manager, Amy Demboski, a former Assembly member, knew well that the Assembly's approval was required.   

And Hickel?

Roger Hickel's LinkedIn Page says he's been doing construction in Anchorage for 28 years.

His construction company's website identifies over a dozen civil projects done for the MOA and the State of Alaska.  (I couldn't fit them all in one screen shot) And over 28 years he's done many, many such projects.

He also has the MOA and State of Alaska on his list of repeat customers among other government entities like the School District and the University of Alaska Anchorage. 

A FEW OF OUR REPEAT CLIENTS

Walmart

Nordstrom

Home Depot

Lowe’s

United Parcel Service

Federal Express

Army and Air Force Exchange Services

Food Services of America, NC Machinery

Providence Alaska Medical Center

Anchorage School District

Alaska Pacific University

University of Alaska

State of Alaska

the Municipality of Anchorage

Alaska Native Tribal Health Consortium

Alaska Regional Hospital

As an Anchorage contractor for over 28 years with numerous contracts with the MOA of various sized projects, there is no way that Hickel didn't know that the contract extensions over a certain amount required the Assembly's approval.  You don't do this many government construction projects without knowing the rules of the Muni and the State, without knowing the cost limits that require additional approval, without experts in your office who do this routinely.  

And he knew the project was controversial.  That it might not get the approval.  He and the mayor may have convinced themselves the project was critical to solve the Anchorage homelessness situation, but they still knew it required the Assembly's permission.  

The Assembly should call their bluff.  Let them go to court.  Let them explain why they went ahead without the Assembly's approval before a judge and a jury.  My guess is that the judge and jury will understand they were taking a calculated risk.  That the project was controversial and not likely to get the Assembly's approval.  That they were betting that moving the project ahead would force the Assembly to approve a project that they had serious questions about.  

I'm not a betting man, but I take the rule of law seriously.  I urge the Assembly to be firm.  To hold the Mayor and the contractor accountable for breaking the Municipal ordinance.  To let a jury decide.  I'm fairly confident that going to court will cause Hickel to settle for a much lower sum from the Muni.  And that a jury would side with the Assembly.  

Paracelsus - A Remarkable Man In His Day

Mildred Bevel is the wife of very rich Andrew Bevel.  Her body has been weakening and she's now in the same Swiss health spa and sanitarium in a rural mountain location that her father was once in.  We're in the fourth and final book of Hernan Diaz' Pulitzer Prize winning novel Trust which I wrote about earlier. 

Ida Partenza, who is listed as the author of the third part of this novel, was hired by Andrew Bevel, to help him write his autobiography after Mildred has died. Ida's appearance in the story begins in 1938.   Basically Andrew is trying to get Ida to take dictation and portray himself and Mildred in the most favorable way to himself.  

Ida has learned that Mildred kept diaries all her life, but either they no longer exist or they've been intentionally withheld from her.  But 40 some years after Andrew has also died, and his old house has been made into the Bevel museum, Ida discovers the notebook that Mildred wrote while she was in the sanitarium, 'wedged into the middle section of the ledger.'  

Most of the entries are brief.  The headings are basically AM, PM, and EVE.  This one entry caught my attention.  

"EVE 

Wolf quotes Barrett letter to Browning:  'You are paracelsus, and I am a recluse, with nerves that have been broken on the rack, and now hang loosely, quivering at a step and breath.' Why all the Paracelsus suddenly?'"

What or who is paracelsus?  In today's world, such mental itches can be scratched instantly with the help of Google.  Which took me to Wikipedia.  

"Paracelsus (/ˌpærəˈsɛlsəs/; German: [paʁaˈtsɛlzʊs]; c. 1493[1] – 24 September 1541), born Theophrastus von Hohenheim (full name Philippus Aureolus Theophrastus Bombastus von Hohenheim[11][12]), was a Swiss[13] physician, alchemist, lay theologian, and philosopher of the German Renaissance.[14][15]

He was a pioneer in several aspects of the "medical revolution" of the Renaissance, emphasizing the value of observation in combination with received wisdom. He is credited as the "father of toxicology".[16] Paracelsus also had a substantial influence as a prophet or diviner, his "Prognostications" being studied by Rosicrucians in the 1600s. Paracelsianism is the early modern medical movement inspired by the study of his works.[17]"

"Paracelsus sought a universal knowledge[27] that was not found in books or faculties" thus, between 1517 and 1524, he embarked on a series of extensive travels around Europe.[27][28] His wanderings led him from Italy,[27][29] France,[27] to Spain,[27] Portugal,[27] to England,[27][29] Germany,[27] Scandinavia,[27] Poland,[27] Russia,[27][29] Hungary,[27][29] Croatia,[27] to Rhodes,[27] Constantinople,[27][29] and possibly even Egypt.[27][28][29] During this period of travel, Paracelsus enlisted as an army surgeon and was involved in the wars waged by Venice,[27] Holland,[27] Denmark,[27] and the Tartars.[27][29] Then Paracelsus returned home from his travels in 1524.[27][28][29] 

It's hard for me from the Wikipedia entry to abstract his main contributions.  He's a curious combination of old and new ways of thinking. 

"As a physician of the early 16th century, Paracelsus held a natural affinity with the Hermetic, Neoplatonic, and Pythagorean philosophies central to the Renaissance, a world-view exemplified by Marsilio Ficino and Pico della Mirandola.[citation needed] Astrology was a very important part of Paracelsus's medicine and he was a practising astrologer – as were many of the university-trained physicians working at that time in Europe. Paracelsus devoted several sections in his writings to the construction of astrological talismans for curing disease.[citation needed] He largely rejected the philosophies of Aristotle and Galen, as well as the theory of humours. Although he did accept the concept of the four elements as water, air, fire, and earth, he saw them merely as a foundation for other properties on which to build.[46]"

He carried on a 'letter dialogue [with Erasmus] on medical and theological subjects.' (I'm old enough to remember when you communicated long distance by letter, while I know that is hard for younger readers, used to instant communication, to fathom how that could work.  I'm sure this epistolary dialogue was far weightier than most online debates.)

"Paracelsus's approach to science was heavily influenced by his religious beliefs. He believed that science and religion were inseparable, and scientific discoveries were direct messages from God. Thus, he believed it was mankind's divine duty to uncover and understand all of His message.[48] Paracelsus also believed that the virtues that make up natural objects are not natural, but supernatural, and existed in God before the creation of the universe. Because of this, when the Earth and the Heavens eventually dissipate, the virtues of all natural objects will continue to exist and simply return to God.[48] His philosophy about the true nature of the virtues is reminiscent of Aristotle's idea of the natural place of elements. To Paracelsus, the purpose of science is not only to learn more about the world around us, but also to search for divine signs and potentially understand the nature of God.[48] If a person who doesn't believe in God became a physician, they would not have a better standing in God's eyes and will not succeed in their work because they don't practice in his name. Becoming an effective physician requires faith in God.[49] Paracelsus saw medicine as more than just a perfunctory practice. To him, medicine was a divine mission and good character combined with devotion to God was more important than personal skill. He encouraged physicians to practice self-improvement and humility along with studying philosophy to gain new experiences.[50]"

Practice was a key focus for him. 

"During his time as a professor at the University of Basel, he invited barber-surgeons, alchemists, apothecaries, and others lacking academic background to serve as examples of his belief that only those who practised an art knew it: 'The patients are your textbook, the sickbed is your study.'[31]"

 "Paracelsus was one of the first medical professors to recognize that physicians required a solid academic knowledge in the natural sciences, especially chemistry. Paracelsus pioneered the use of chemicals and minerals in medicine."

"Because everything in the universe was interrelated, beneficial medical substances could be found in herbs, minerals, and various chemical combinations thereof. Paracelsus viewed the universe as one coherent organism that is pervaded by a uniting life giving spirit, and this in its entirety, humans included, was 'God'. His beliefs put him at odds with the Catholic Church, for which there necessarily had to be a difference between the creator and the created.[60] Therefore, some have considered him to be a Protestant.[61][62][63][64]"

"Paracelsus is frequently credited with reintroducing opium to Western Europe during the German Renaissance. He extolled the benefits of opium, and of a pill he called laudanum, which has frequently been asserted by others to have been an opium tincture. Paracelsus did not leave a complete recipe, and the known ingredients differ considerably from 17th-century laudanum.[67]

Paracelsus invented, or at least named a sort of liniment, opodeldoc, a mixture of soap in alcohol, to which camphor and sometimes a number of herbal essences, most notably wormwood, were added. Paracelsus's recipe forms the basis for most later versions of liniment.[68]

His work Die große Wundarzney is a forerunner of antisepsis. This specific empirical knowledge originated from his personal experiences as an army physician in the Venetian wars. Paracelsus demanded that the application of cow dung, feathers and other noxious concoctions to wounds be surrendered in favor of keeping the wounds clean, stating, 'If you prevent infection, Nature will heal the wound all by herself.'" 

Thank you Wikipedia for letting me find this and share it here. [Yes, I do donate to Wikipedia annually.]

It's hard to free oneself from the 'common wisdom' of the day.  It appears - and my expertise on Paracelsus is limited to the Wikipedia entry - that perhaps his theoretical understanding was still clinging to the old, while his practical knowledge was pushing forward to new, more scientific answers.  

So why is Paracelcus mentioned in passing in Mildred's diary.  Because, I assume, he spent time in Switzerland, he believed in massage and the healing properties of mineral waters, both of which are part of her treatment.