Archive for May, 2017

Sonoma County tribe loses bid to regain federal status – Santa Rosa Press Democrat

(1 of ) Tribal chairman of the Mishewal Wappo Scott Gabaldon, at Pepperwood Preserve overlooking his tribe's ancestral lands, plans on appealing the court decision which turned down the attempt to be restored as a tribe. (Christopher Chung/ The Press Democrat)

CLARK MASON

THE PRESS DEMOCRAT | May 12, 2017, 5:13PM

The Mishawal Wappo, a Sonoma County tribe pushing to regain federal recognition, has lost its latest appeal and perhaps last round in a court case it filed eight years ago.

A federal court of appeals agreed that the Wappos waited four decades too long to bring their lawsuit against the Secretary of the Interior claiming the tribe was illegally terminated in 1961 when its Alexander Valley rancheria was dissolved.

Opponents of the tribes lawsuit, which at one time included the counties of Sonoma and Napa, worried that if the Wappos were successful, they would open a casino.

Tribal Chairman Scott Gabaldon on Friday said the tribe is primarily interested in regaining federal recognition so its approximate 345 members can access health, education and housing benefits available to tribal members.

He said the tribe has yet to decide if it will appeal to the next level the U.S. Supreme Court but conceded it was a long shot.

We have to decide which route were going to go next, he said.

As for getting a casino built if the tribe prevails, he said we are not going to rule out that possibility, but insisted it is not the main impetus.

If you look at a golf ball, you see divots on the ball, he said.

The casino is one divot. Theres a lot more to it than a casino.

Gabaldon, a general contractor who lives in Windsor, acknowledged that the tribes legal bills which he estimated at around $2 million have been subsidized by Greg Akopian, who has been associated with at least one potential casino development and runs a trucking company in Los Angeles with his brother, Grish.

Concerns that a restored Mishawal Wappo tribe would be able to buy land for a reservation outside local land-use controls and build a casino led several cities including Napa, American Canyon and Yountville to take stances opposing the tribes attempt to regain sovereignty.

California Sen. Dianne Feinstein also said the Wappos should not be recognized without restrictions on tribal development in Napa Valleys agricultural reserves.

And Rep. Mike Thompson, D-St. Helena, opposed the tribes move at restoration.

By the groups own admission, if the lawsuit was successful, they would have attempted to build a casino in Napa or Sonoma counties, he said in a statement when a U.S. District Court judge in 2015 ruled against tribal restoration for the Wappos.

Last month, the 9th U.S. Circuit Court of Appeals affirmed the lower court.

Its the result we sort of expected, given the law, Sonoma County Chief Deputy County Counsel Jeff Brax said Friday.

It should be the last chapter in this lawsuit.

But both Brax and Gabaldon mentioned the possibility that the tribe could try to seek recognition through an administrative decision from the Bureau of Indian Affairs.

The Wappos are recognized by other tribes and state agencies that include Caltrans and the Native American Heritage Commission, according to Gabaldon.

They and many other California tribes lost their federal tribal status after Congress passed a law in 1958 aimed at privatizing the states small reservations, known as rancherias. Some of those tribes regained their status when courts ruled the federal government didnt keep a promise to improve living conditions on their reservations, which the U.S. had held in trust for tribe members.

The Wappos ancestral territory encompassed parts of Sonoma, Lake and Napa counties. But by the early part of the 1900s, they were living on 54 acres held in trust for them by the federal government, at the end of Soda Rock Lane, next to the Russian River.

The Wappos claim the federal government acted unlawfully between 1959 and 1961 when it dissolved the rancheria because it was done at the request of a non-Wappo leader who received two-thirds of the land.

But the court said a timely action challenging the distribution and termination should have been filed within the six-year statute of limitations by 1967.

You can reach Staff Writer Clark Mason at 707-521-5214 or clark.mason@pressdemocrat.com. On Twitter@clarkmas.

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Sonoma County tribe loses bid to regain federal status - Santa Rosa Press Democrat

Anti-Abortion Democrat Candidate Defeated in Election for Mayor of Omaha – Breitbart News

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On election night, the Associated Press called Mellos loss a setback for supporters who argued that the Democratic National Committee and abortion rights groups were wrong to attack the anti-abortion former state senator.

Mello, a 37-year-old Catholic from Omahas working-class south side, had become a flashpoint for the internal Democratic battle over whether a candidates position on reproductive rights should disqualify him from support by the national party after its crushing losses around the country last year.

Tuesday, Mello acknowledged the completely different dynamic the campaign took on in the closing weeks, but noted what he described as unified support across ideological lines.

We tried to run a campaign that was inclusive from the beginning regardless of political affiliation, regardless or ideology under the banner of change, Mello told hundreds in a west Omaha hotel ballroom.

Democrats hope for a victory in the race appear to have been hurt, rather than helped, when the Democratic National Committees unity tour featuring new chairman Tom Perez and former Presidential candidate Sen. Bernie Sanders (I-VT) stopped in Omaha on April 20.

Rather than boost Mellos candidacy, the subsequent comments byThe National Abortion and Reproductive Rights Action League criticizing the Democratic National Committee for backing Mello apparentlyhad the effect of lowering Democratic turnout for Mello in the Omaha municipal election:

Responding to the criticism, Democratic party chair Tom Perez declared that, every Democrat, like every American, should support a womans right to make her own choices. His comment sparked a fierce debate within the party over whether there should be an abortion litmus test, with Mello caught in the middle.

Its astounding that our party chairman would say pro-life Democrats are not welcome, Nebraska Democratic Party Chairwoman Jane Kleeb told The Associated Press Tuesday as Mello conceded.

A CBS News poll taken in January found 15 percent of Democrats nationally believed that abortion should not be permitted.

On election night after conceding the race, Mellos comments suggested he would consider other political races in the future.

Despite high levels of energy displayed by far left activists within the Democratic party since the election of President Trump, most of their electoral efforts since January have failed.

In Kansas, a Republican candidate held off a Democratic challenger to win CIA Director Mike Pompeos former Congressional seat, and in Georgia, the well-funded national efforts to give Democrat Jon Ossoff a jungle primary victory also failed. Ossoff now faces a runoff election in June against Republican candidate Karen Handel.

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Anti-Abortion Democrat Candidate Defeated in Election for Mayor of Omaha - Breitbart News

Republican senators search for deal on health care – Eagle-Tribune

WASHINGTON The health care plan barely approved by Republicans in the House faces even more difficult challenges in the GOP majority Senate, based on interviews with several senators.

The contentious issues are similar: the cost of the plan, how to pay for it, coverage of pre-existing medical conditions for the sick and disabled, subsidies to help people who cant afford market rate premiums, co-payments and deductibles.

Republican Sen. James Lankford of Oklahoma said he remains hopeful the Senate can fashion legislation that will overcome divisions among his GOP colleagues and also appeal to the more conservative House.

I think well get there, said Lankford, a member of the influential Senate Appropriation Committee. We have to.

But Lankford said the road ahead faces tough going because the House plan, embraced by President Donald Trump, wont provide sufficient subsidies for low-income people to afford insurance.

It would no longer consider age or income in determining the amount of individual subsidies, a change the nonpartisan Congressional Budget Office estimates would mean millions of poor and older Americans not yet eligible for Medicare lose their insurance.

Lankford, a fiscal conservative, said in a statement after a brief interview he wants to make sure no individual ends up in worse shape.

Reflecting the philosophical divide among Republicans, senators such as Rand Paul of Kentucky want to strictly limit the governments involvement in health care, and are opposed to any subsidies.

Even though the House plan lowers the subsidies, Paul said in an interview on Fox News hes not that interested in subsidizing the profits of insurance companies. They make a lot of money.

Paul has a plan to allow individuals to group together like company employees to negotiate with insurers to get the best price and coverage -- a strategy he said will lower premiums and protect people with pre-existing conditions without government mandates.

The debate over government subsidies was also a sticky issue last month for House Republicans before they came together to narrowly approve a compromise.

House Speaker Paul Ryan canceled the initial vote on the GOP plan over lack of enough support from conservative and moderate lawmakers. Changes were made and the revised bill, with a push from Trump, received 217-213 approval last week. Twenty Republicans dissented.

Senate Republicans, who hold a slim two-vote majority, can only afford to two defections in order to pass a health care plan.

That means finding common ground not only subsidies but also protecting coverage of pre-existing conditions and Obamacares essential health benefits such as maternity, mental health and prescription drugs.

The House plan repeals Obamacare but continues the laws ban on insurers denying coverage to people with pre-existing conditions. But the concern is it also allows states to let insurers charge people with medical issues higher rates if they have a lapse in coverage -- a hitch health advocates say penalizes lower-income individuals who interrupt their coverage due to cost or other reasons.

Sen. Shelley Moore Capito, R-W.V., said in an interview shes concerned the House plan isnt clear enough in protecting people with medical conditions. Shes also troubled that the House bill rolls back Medicaid assistance over time in the states that chose to expand it under Obamacare.

Capito said 180,000 West Virginians get insurance through expanded Medicaid.

A lot of them have addiction issues and drug abuse issues, she said. If (the program) goes away, there will be tragic consequences -- such as overdose deaths that occur more frequently on a per capita basis in West Virginia than any other state.

The federal government now picks up nearly all of the cost for the 31 states that expanded Medicaid to cover low-income people who make too much to qualify for the traditional program.

Marie Gordon, spokeswoman for Sen. Johnny Isakson, R-Ga., said hes looking at the other side of the Medicaid coin states like Georgia that did not expand Medicaid having to pay for states that did. She also said, however, that Isakson would not be supportive of legislation that fails to ensure affordable coverage for those with pre-existing conditions.

Sen. Pauls plan would end support for the Medicaid expansion.In a phone call with reporters this week, Sen. Chuck Grassley, R-Iowa, said hes concerned about preserving traditional Medicaid. A spokeswoman for Grassley said later he hasnt come to a position on expanded Medicaid.

The House plan continues to fund Medicaid expansion for individuals already in the program, but beginning in 2020, the states would get less for new recipients. Capito said her state faces a $500 million budget deficit this year and is in no shape to make up the difference.

In March, she and three other Republican senators from Medicaid expansion states, including Ohios Rob Portman, wrote Senate Majority Leader Mitch McConnell announcing they wont support a plan that doesnt include stable funding for Medicaid expansion.

A group of 13 ranking Senate Republicans, including McConnell, has been appointed by the majority leader to work on Medicaid and other conflict issues. It has been criticized for no women members, though Capito met with the group this week.

Ultimately, said Grassley, Republicans have no choice but to come together on a health care legislation because theyve promised for years to repeal Obamacare. We have to deliver, he said or risk voters losing confidence in their government.

More importantly, he added, is the potential loss of insurance companies offering subsidized policies Iowa because the present health system is failing.

Kery Murakami covers Washington for The Eagle-Tribune and its sister newspapers and websites.

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Republican senators search for deal on health care - Eagle-Tribune

Lone Republican runs for City Council – TribDem.com

Only one Republican is running for a seat on Johnstown City Council.

Mark Amsdell is a U.S. Marine Corps and National Guard veteran who served in Afghanistan.

With no other competition in Tuesdays GOP primary, Amsdell will represent the party in the general election, barring unforeseen circumstances.

There are four open council seats for which 10 Democrats also are vying.

Mark Amsdell

Age: 47.

Neighborhood: Moxham.

Occupation: CDL truck driver; UAV operator.

Background:Associate degree in aviation science; certified as auto mechanic, airframe/powerplant mechanic; machinist (CNC and conventional); A+ trained in computer repair.

Why do you want to serve on council?: It is absolutely necessary that people with clear vision and leadership stand up to stop the continued mismanagement before there is nothing left of Johnstown but collapsing buildings.

What do you believeare the most important issues facing the city?: Primarily, Johnstown needs a council that truly recognizes the situation it is in and will work toward real, lasting solutions, and the ability to communicate that to the community. ...

Secondly, a city government that understands its role, and that is willing to make the necessary changes to put Johnstown on a track toward sustainability. Even our new city manager agrees that Johnstown will not last much longer with the path it is on. Johnstown needs not only employees that will adjust to the roles they need to fill, but a City Council that is willing to listen to all of its residents, not just the loudest ones. ...

You may be asking why I didnt include jobs, drugs, crime, etc. Simply because those problems will solve themselves when the city is ready to fulfill its role properly.

We are the biggest obstacle to our own success, sometimes.

Not to say that these other issues do not also need a little coaxing, because they do. It would simply take too long to explain everything for every topic that is wrong in Johnstown. (It has been) 35-plus years of leadership doing nothing.

Dave Sutor is a reporter for The Tribune-Democrat. He can be reached at(814)532-5056. Follow him on Twitter@Dave_Sutor.

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Lone Republican runs for City Council - TribDem.com

Abbreviated Pundit Round-up: Republican cowards and enablers buckle but don’t act – Daily Kos

James Hohmann/WaPo;

THE BIG IDEA: The biggest news out of Donald Trumps Thursday interview with NBC was his confession that the Russia investigation was on his mind when he fired FBI Director James Comey.Undercutting 48 hours of denials by his aides, the president said: In fact, when I decided to just do it, I said to myself, I said, You know, this Russia thing with Trump and Russia is a made-up story; its an excuse by the Democrats for having lost an election that they should have won.

But what may ultimately get Trump into bigger trouble is his story about Comey assuring him he was not under investigation during a one-on-one dinner at the White House.Lester Holt askedthe president to elaborate on his claim, made in the letter firing Comey, that hed been told three times he was not under federal investigation. He wanted to stay at the FBI, and I said Ill, you know, consider and see what happens,Trump said. But we had a very nice dinner, and at that time he told me, You are not under investigation.

David A. Hopkins/Honest Graft:

Why Congressional Republicans Won't Abandon Trump Over Comey

To McConnell, Republican support for any Democratic calls to investigate Trump would only signal to voters that Trump had indeed done something wrong, further reducing the president's public support and thus giving the Democrats even more of an advantage. Converting every Trump-related controversy into a partisan food fight instead allows Republicans to summon their base to rally behind them in yet another polarizing battle against the left. Since Democratic supporters are already likely to be highly motivated to turn out against Trump in the next two elections, Republicans are concerned about whether their own side will match their opponents' level of engagement.

Of course, this approach carries certain risks. The most obvious danger is that congressional Republicans could wind up chaining themselves more tightly to Trump just as he plummets off a political cliff. The lack of a meaningful difference between Trump and the rest of the Republican Party gives anti-Trump voters good reason to replace even personally popular Republican incumbents with Democratic challengers. Unless Trump finds a way to bolster his national popularity in the future, even a relatively energized Republican base may not be enough to protect the party against a wider popular backlash among Democrats and independents.

It's also quite possible that Ryan and McConnell would be better served in the long run by buzzing a warning pitch or two under Trump's chin at this stage of his presidency. Automatic party support for his various antics in office may only reinforce bad behavior on Trump's part, making future Comey-scale debacles all the more likely and dragging the entire party into an inescapable political morass. Occasional demonstrations of independence by congressional Republicans might have a constraining effect on a president with flawed knowledge, instincts, and judgment, encouraging him to consult with a wider array of interlocutors and steering him away from the most disastrous courses of action. Normally, party leaders' interests are not well-served by greater intra-party tension. But we are, at the moment, a fair ways off fromnormalcy.

Vann Newkirk II/Atlantic:

How Unprecedented Is James Comey's Firing?

A Q&A with historian Beverly Gage about the history of conflicts between FBI directors and the executive branch

Vann R. Newkirk II: Ill start with the big question. Is James Comeys firing by Donald Trump an unprecedented clash between president and FBI?

Beverly Gage: The answer is yes and no. It is unprecedented in its extremenessno president before this moment has fired an FBI director who was engaged in conducting an ongoing and politically sensitive investigation of his own campaign. On the other hand, this sort of conflict between the FBI and the executive branch is not itself totally anomalous. It's something that we've seen over the course of American history. During J. Edgar Hoover's day, he had repeated conflicts with presidents, and he had a kind of autonomous power that allowed to withstand and sometimes win those conflicts, for better or worse. Since then, most presidents have been cautious about this kind of direct confrontation.

Amanda Taub/NY Times:

Comeys Firing Tests Strength of the Guardrails of Democracy

Norms about political behavior and power serve as soft guardrails for democracy, said Steven Levitsky, a professor at Harvard who studies authoritarianism.

In a healthy democratic system, when politicians violate important norms, other institutions push back, ensuring that the violators pay a hefty price and the guardrails are preserved for another day.

But in collapsing democracies, the opposite happens. Instead of banding together to protect democratic norms, warring parties take violations by their opponents as justification for breaking other norms in response. Its a process of escalation that often begins with minor stuff and ends with coups, Mr. Levitsky said.

Dave Weigel/WaPo:

Republicans misstate, again and again on TV and at town halls, whats in their health-care bill

That means these lawmakers face two potential backlashes: one if opponents of Obamacare perceive the bill does not go far enough, and another from Americans worried that the bill would eliminate their coverage.

The result has been a confused sales effort and a series of flat misstatements and contradictions about whats actually in the bill.

Its a risky strategy especially in front of the skeptical crowds and interviewers Republicans have been speaking to in recent days. On Wednesday, Rep. Tom MacArthur (R-N.J.) spent nearly five hours answering questions from a disgruntled audience of constituents, some of whom spoke at length about what Medicaid meant in their communities. MacArthur was blown back by laughter when he argued, as House Speaker Paul D. Ryan (R-Wis.) has, that caps on per capita Medicaid funding would leave the system stronger.

I am trying to save a system so it continues to help you, he said. I am trying to make sure Medicaid is strong enough to continue.

Later, MacArthur argued that the tax cuts in the bill were for everybody but when a constituent calculated that MacArthurs own savings would amount to $37,000 if the bill was passed, the congressman agreed that the bills large investment tax cut was not going to benefit everyone equally.

Paul Krugman/NY Times:

So its nave to expect Republicans to join forces with Democrats to get to the bottom of the Russia scandal even if that scandal may strike at the very roots of our national security. Todays Republicans just dont cooperate with Democrats, period. Theyd rather work with Vladimir Putin.

In fact, some of them probably did.

Now, maybe Im being too pessimistic. Maybe there are enough Republicans with a conscience or, failing that, sufficiently frightened of an electoral backlash that the attempt to kill the Russia probe will fail. One can only hope so.

But its time to face up to the scary reality here. Most people now realize, I think, that Donald Trump holds basic American political values in contempt. What we need to realize is that much of his party shares that contempt.

Laurence Tribe, Richard Painter and Norman Eisen/USA Today:

Whether the presidents clumsy and seemingly ill-thought-out steps will backfire is impossible to predict. Attorney General Jeff Sessions had promised to recuse himself from all Justice Department matters involving Russian interference with our election, but waded right into the middle of the decision to discharge Comey. Perhaps Sessions will step aside while Rosenstein attempts to redeem himself for his role in the pretense that Comey was fired overmissteps in the Clinton email probe. The deputy attorney general could do it by appointing an independent special counsel.

But the constraints under which such a special counsel would have to operate under current law, and the constitutional subservience of any such counsel to the president as head of the executive branch, are a prescription for a replay of an ugly drama: President Nixonfired two attorneys generalbefore finding someone (Robert Bork) willing to fire special prosecutor Archibald Cox only to be pressured into appointing another special prosecutor,Leon Jaworski, who ended up being as determined and unshakable as Cox.

Peter Beinart/Atlantic:

L'Etat, C'est Trump

The president and his advisors believe loyalty to the country and loyalty to him are the same thing.

Its not just that Trump has never worked in government. Hes never worked in a job devoted to a cause larger than self-enrichment or self-aggrandizement. Hes spent virtually his entire professional life in a family business where he sets the rules and where people answer to him. Note how promiscuously Trumps uses the first person possessive: my generals, my African-American. Last spring, when journalists asked him who his Israeli advisors were, hewheeledout his Jewish lawyers. He sends his children on diplomatic missions, where they also hawk his products. He doesnt really distinguish between public and private interest, between obeying the law and obeying him.

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Abbreviated Pundit Round-up: Republican cowards and enablers buckle but don't act - Daily Kos