Judge Emmet Sullivan Formally Dismisses Ted Stevens Conviction, Orders Criminal Investigation Of Brenda Morris And The Federal Prosecution Team

Brenda Morris: Alaska's Public Enemy Number One?

"In nearly 25 years on the bench, I've never seen anything approaching the mishandling and misconduct that I've seen in this case", U.S. District Judge Emmet Sullivan.

The above quote explains why, on Tuesday April 7th, 2009, former Alaska Senator Ted Stevens' long legal nightmare finally came to an end when Judge Sullivan accepted the recommendation of Attorney General Eric Holder and dismissed the corruption conviction of Stevens today. In addition, Judge Sullivan took the rare and serious step of opening a criminal investigation into prosecutors who mishandled the case. The LegalTimes provides more technical legal analysis of Sullivan's decision. The Anchorage Daily News and the Fairbanks Daily News-Miner have the lead Alaskan stories; lead national stories from the Washington Post, the New York Times, and CNN.

The judge actually set aside the conviction itself, so according to Stevens' defense lawyer Brendan Sullivan, the former Senator now has a clean record, as if he had never been convicted. This means Ted Stevens could truthfully answer "No" if asked if he has a Federal conviction on his record.

As Sullivan dismissed the case, Stevens turned to his friends and held up a fist in victory as his wife and daughters broke into loud sobs. "Until recently, my faith in the criminal system, particularly the judicial system, was unwavering", Stevens told the court in his first public comments since Attorney General Eric Holder announced he would drop the case. "But what some members of the prosecution team did nearly destroyed my faith. Their conduct had consequences for me that they will never realize and can never be reversed".

And amongst those consequences was the loss of a U.S. Senate reelection bid to Democrat Mark Begich by a narrow margin, so narrow in fact that when Eric Holder made his announcement, Alaska Republican Party boss Randy Ruedrich called upon Senator Begich to resign and allow for a special replacement election. Begich has since rejected any calls to resign, and the brief furor now seems to have subsided, particularly after an April 2nd KTUU Channel 2 poll showed that 60 percent of respondents did NOT want Begich to resign (a subsequent April 3rd KTUU poll showed that Mark Begich might swamp Stevens in a special election).

Sullivan also appointed Washington attorney Henry Schuelke as a special prosecutor to investigate contempt and obstruction by the Justice Department prosecution team led by Brenda Morris. He said the matter was too serious to be left to an internal investigation by the department, which has dragged its feet looking into the misconduct. In a criminal case, the prosecutors could face prison time and fines. The decision raises the question of whether the prosecutors, who include the top two officials in the department's public corruption unit, can remain on the job while under criminal investigation.

Sullivan repeatedly scolded prosecutors for their behavior during trial. After the verdict, FBI whistleblower Chad Joy, who is still employed by the agency, accused the team of misconduct and Sullivan held prosecutors in contempt for ignoring a court order. As a result, the prosecution team was replaced and, last week, new prosecutors acknowledged that key evidence was withheld from Stevens, prompting Eric Holder's decision to abandon the prosecution.

This is not the first time that Brenda Morris has been involved in a tainted prosecution. In 2003, Alan Brown, a well-known criminal defense attorney with Brown & Norton, and Jean Brown, a family law solo, were targeted by overzealous Internal Revenue Service agents, which led to the Browns being indicted in 2003 by a federal grand jury in Austin, Texas, for allegedly filing false personal tax returns between 1994 and 1997. After a five-week trial before U.S. District Judge Lee Yeakel of Austin in United States v. Alan Brown, prosecuted by Morris, a jury acquitted Alan Brown in 2005. The government subsequently dismissed the indictment against Jean Brown. The Browns subsequently filed a Federal Tort Claims Act suit against the Feds, and the Feds settled with them for $1.34 million (Alan Brown, et al. v. United States). More details about this case on Andrew Halcro's blog.

Of course, setting aside the conviction does NOT mean Ted Stevens didn't file erroneous reports. It simply transforms it from a criminal issue to an administrative issue. As I've insisted all along, it was merely sloppy bookkeeping on Stevens' part. In Alaska, when an elected official is guilty of "sloppy bookkeeping", we don't throw away a gazillion zogbucks on lawyers, juries, and trials. Instead, we refer such cases to the Alaska Public Offices Commission (APOC), who investigate. And if they find there is a problem, they direct remedial action, and can also assess a reasonable fine. No muss, no fuss. So while Ted Stevens is not guiltless, he is NOT a criminal. He poses no threat to my person or my property, which is my standard of criminality.

Unfortunately, because Judge Sullivan has directed that the prosecution team be investigated, Brenda Morris will be advised not to talk to the media. This means we won't find out immediately what her motive was. Is she truly evil, merely driven, or was she just caught flat-footed by Stevens' request for a speedy trial? I suspect a combination of the last two reasons.

In any event, Judge Sullivan's decision helps clear the way for Ted Stevens to challenge Sarah Palin for the Republican gubernatorial nomination in 2010, if he chooses. He'll be 87 years old in 2010, but he would be a "young" 87. And Stevens has more knowledge about government in his little finger alone than Sarah Palin will ever have. While Sarah Palin makes waves, Ted Stevens gets results.

Apostle Dallin H. Oaks Praises Prop 8 Supporters, Castigates Greedy Corporate CEOs At The 179th Annual LDS General Conference In Salt Lake City

The Church of Jesus Christ of Latter-day Saints has just concluded its 179th Annual LDS General Conference in Salt Lake City. The Church holds an annual conference twice yearly in order to recharge the membership's spiritual batteries and inspire them to magnify their callings.

During this conference, nearly every speaker inside the 20,000+ seat Conference Center in Salt Lake emphasized the conviction that Jesus Christ is at the center of Mormon faith, theologically, personally and intimately. They also spoke of the Easter season, of Christ's sacrifice for humanity, crucifixion and resurrection, his call to discipleship and his message of unconditional love. The General Authorities also spoke out on temple work, following the prophet's instructions, the importance of missionary work, and avoiding pornography. Millions more watched the proceedings via satellite in LDS chapels across the world, as well as on satellite and cable. KSL Channel 5 news video embedded below:

Video Courtesy of KSL.com

The usual complement of callings to new positions was announced, and can be read HERE. In addition, the latest demographic statistics on the Church was announced:

-- Members: 13,508,509
-- Missions: 348
-- Full-time Missionaries: 52,494
-- Districts: 622
-- Stakes: 2,818
-- Wards and Branches: 28,189
-- Temples: 128

But the Salt Lake Tribune, a more secular-oriented newspaper than its LDS-owned rival Deseret News, chose to highlight a speech by Dallin H. Oaks, a member of the Church's governing Quorum of the Twelve. In this speech delivered during the Sunday afternoon session, Elder Oaks praised Mormon opposition to same-sex marriage and chastised greedy corporate executives.

"In recent elections, Latter-day Saints have united with other like-minded persons in defense of marriage efforts", Oaks said. "For some, that service has involved great sacrifice and continuing personal pain".

Oaks also condemned excess in today's economic downturn. "The effects of greed and entitlement are evident in the multimillion dollar bonuses of some corporate executives", he said. "But the effects are more widespread than that. Greed and ideas of entitlement have also fueled the widespread careless borrowing and excessive consumerism behind the financial crises that threaten to engulf the world".

Another apostle also addressed social issues. During the Saturday evening priesthood session, Elder Boyd K. Packer, directing his remarks primarily towards Aaronic Priesthood holders aged 12-18, reminded them that they are to take care of the mortal tabernacle given to them. He counseled them to treasure and protect the masculine part of their nature, and to have respectful, protective regard for all women and girls. He also urged them to avoid pornography and narcotics, and not to decorate their bodies with tattoos or by piercing it to add jewels. He also affirmed that gender identity was assigned during the pre-mortal existence. This, of course, differs significantly from the conclusion reached by the Fairbanks School Board in February when they voted in favor of making transgendered students a "protected class" without addressing bathroom issues. One of the board members voting in favor was Sue Hull, a Republican.

But most of the speeches focused on LDS views of Jesus. "It is fitting that during this week, from Palm Sunday to Easter morning, we turn our thoughts to Jesus Christ, the source of light, life and love", said Dieter F. Uchtdorf, second counselor in the governing First Presidency, in the day's first sermon. "He is the Savior and Redeemer of the world. ... He lived a perfect life and atoned for our sins. He will ever be at our side. He will fight our battles. He is our hope; he is our salvation; he is the way".

Another highlight of the conference was the calling of Elder Neil L. Andersen to become a member of the Quorum of the Twelve. Elder Andersen replaces Joseph Wirthlin, who passed on in December 2008. In his first address as an LDS apostle, Elder Andersen spoke respectfully of other faiths. "We are not alone in our desire to do good. We are not alone in praying and receiving answers. We are not alone in sacrificing for a greater cause. There are loyal and decent mothers and fathers in every land. We have much to learn from the good people all around us". Nonetheless, Elder Andersen also said that Mormons should not be timid in declaring the LDS Church's unique beliefs -- the Book of Mormon, prophets and priesthood of all worthy males.

More Utah media stories on the conference can be found on the KSL Conference Page and the Deseret News Conference Page. Until the LDS Church makes full transcripts of the conference speeches available on the LDS website, here are links to several summaries:

Saturday morning session:
---- Messenger and Advocate
---- Mormon Times

Saturday afternoon session:
---- Messenger and Advocate
---- Mormon Times

Saturday evening priesthood session:
---- Messenger and Advocate
---- Mormon Times

Sunday morning session:
---- Messenger and Advocate
---- Mormon Times

Sunday afternoon session:
---- Messenger and Advocate
---- Mormon Times

KTUU Channel 2 Debate: "Big Six" Anchorage 2009 Mayoral Candidates Weigh In On The Bonds; Three Of The Six Don't Like Bonding Maintenance Issues

Just watched the mayoral debate hosted by KTUU Channel 2 at East High School in Anchorage on April 5th, 2009. It lasted for one hour, from 6 P.M. to 7 P.M. Participation was limited to the top six mayoral candidates. Update October 7th 2011: KTUU originally made the video available in four parts, but later dumped the archives after switching to a newer video technology. The remainder of the post is still valid.

All six candidates showed up ready to play. All were positive and articulate; there was little flaming. Eric Croft got nicked twice; first, for his use of Outside talent during his campaign, particularly his use of an Outside pollster, the Washington, D.C.-based Lake Research Associates; and second, because of his March 22nd Compass column in which he allegedly mischaracterized the role of the Board of Equalization. His column was soundly rebutted by an April 2nd LTE to the Anchorage Daily News by BOE Chair Marianne K. Burke.

The six candidates weighed in on the bonds:

(1). Sheila Selkregg: Will vote No on Proposition 2, because she does not believe maintenance should be bonded. This despite the fact that much of the maintenance is actually more complicated "systemic maintenance", involving replacement of entire systems, and Prop 2 allows for debt reimbursement, which would not be available if the maintenance was paid for out of the Anchorage School District budget.

(2). Dan Sullivan: Will vote No on Proposition 5, because he doesn't believe Downtown needs a library, and he also thinks the proposed projects at the Loussac Library can be deferred.

(3). Matt Claman: Supports all the bonds.

(4). Eric Croft: Supports all the bonds.

(5). Paul Honeman: Leaning against Proposition 2, because he also questions whether maintenance should be bonded.

(6). Walt Monegan: Leaning against Proposition 2, because he also questions whether maintenance should be bonded, and is also leaning against Proposition 4, because he thinks further work on our parks and recreation system can be deferred.

In their newest column, dated April 5th, the Anchorage Daily News reiterates their endorsement of both Dan Sullivan and Sheila Selkregg for mayor. List and info on all 15 mayoral candidates HERE.

I hope that Carol Comeau and all the school board candidates are taking note. Three out of the six major mayoral candidates have misgivings about bonding maintenance issues. It's time for the Anchorage School District to seriously reconsider the notion of bonding maintenance, or else better distinguish between routine maintenance and the more-complex systemic maintenance.

Anchorage Daily News Releases Its Candidate Surveys On Anchorage 2009 School Board Candidates Just Two Days Before The Election

Finally, just two days before the election, the Anchorage Daily News lets us know that they have surveys available on nearly all the Anchorage School Board candidates. Read accompanying ADN report HERE. Obviously, better late than never, but how many voters will have the time to read through as many as 22 different candidate surveys only two days before the election?

Here are the direct links to each candidate survey. Thirty different questions were asked, including questions on school uniforms, creationism/intelligent design, sex education, and year-round school. Conspicuous by its absence was any question about where the candidates stand on the school bonds:

-- School Board Seat B - David Boyle Q&A
-- School Board Seat B -- Mia Costello Q&A
-- School Board Seat B - Daniel Garcia Q&A
-- School Board Seat B -- Marc Grober Q&A
-- School Board Seat B -- Richard Foster Q&A
-- School Board Seat B -- Nels Johnson Q&A
-- School Board Seat B -- Stephen Johnston Q&A
-- School Board Seat B -- Jennifer Lucas Q&A
-- School Board Seat B -- Jeannie Mackie Q&A
-- School Board Seat B -- Starr Marsett Q&A
-- School Board Seat B -- William Nye Q&A (this candidate did not respond to the survey)
-- School Board Seat B -- Steve Pratt Q&A
-- School Board Seat B -- Michele Quier Q&A (this candidate did not respond to the survey)


-- School Board Seat E -- Bobby Jo Kramer Q&A
-- School Board Seat E -- James LaBelle
-- School Board Seat E -- Michael Lindbeck Q&A
-- School Board Seat E -- Kathleen Plunkett Q&A
-- School Board Seat E -- Jody Smith Q&A
-- School Board Seat E -- Don Smith Q&A
Note that ADN doesn't consider Marilyn Stewart to be a candidate, although she's listed as certified on the MOA Candidate page.


-- School Board Seat F -- Dawn Bundick
-- School Board Seat F - Jeff Friedman Q&A


-- School Board Seat G - Crystal Kennedy Q&A

Another Anchorage Daily News story documents money-raising efforts. The three top money-raisers are Jeannie Mackie ($35,000), Mia Costello ($19,000), and James LaBelle ($15,000). It looks like Mackie is trying to smile and spend her way to victory; I see little in her platform showing any actual substance behind it.

KTVA Channel 11 Interviews The Top Six Anchorage 2009 Mayoral Candidates, Asks Them What Type Of Legacy They Want To Leave

Can you stand another Anchorage campaign story? Actually, KTVA Channel 11 interviewed the top six mayoral candidates and asked them what type of legacy they would like to leave if they are elected:



KTVA chose to limit their profiles to candidates who have raised $10,000 or more. This means only Dan Sullivan, Eric Croft, Sheila Selkregg, Matt Claman, Walt Monegan, and Paul Honeman were interviewed.

Now that KTVA permits embedding of their videos, perhaps they can get more publicity in a broadcast news market still terminally dominated by KTUU.

Campaign For Liberty Employee Steve Bierfeldt Detained And Abused By TSA Thugs At St. Louis Airport For Carrying $4700 In Cash

My encounters with employees of the Transportation Security Administration (TSA) have always been professional. However, there are occasional abuses, in part driven by a secrecy-obsessed Homeland Security Administration which operates quasi-secret no-fly lists and are extremely reluctant to disclose information because of the fear that "terrorists" might use it against us.

Apparently the TSA has a rule stating that a traveler can be detained and questioned if in possession of more than $50 in cash, as Campaign for Liberty employee Steve Bierfeldt found out to his dismay when attempting to board an aircraft at Lindbergh Field in St. Louis. Bierfeldt was carrying $4,700 in cash, representing the proceeds from the sale of merchandise at the Campaign for Liberty Regional Conference which took place in St. Louis from March 27-29. He was detained, verbally abused, and even threatened with arrest. TSA even threatened to bring the DEA and the FBI into the case, even though Bierfeldt behaved professionally towards the TSA during the entire encounter. Discussed on the Campaign for Liberty blog.

Bierfeldt was carrying a cell phone which can inobtrusively be transformed into an audio recorder, and was able to record his entire conversation with TSA. The complete audio recording of Bierfeldt's detention and interrogation by St. Louis TSA available at the button below (if the button doesn't work, visit the Daily Newscaster website where the audio is also archived):

And here's a YouTube video of a Fox News Channel report on the story, reported by Andrew Napolitano, who also attended the Campaign for Liberty conference:

http://www.youtube.com/watch?v=d5Dh1ZkPBL0



Fortunately, it ends well. After the TSA personnel begin to take Bierfeldt downtown to the local DEA office, they were intercepted by an FBI agent, who verifies that the money is legitimate, and tells Biefeldt he's free to go. However, the lead TSA agent quickly responds that he must contact his supervisor first because Bierfeldt is a “suspicious person” in his opinion. But Bierfeldt was ultimately released to board his flight.

But there's one final chapter to this story. It was in Missouri where the Missouri MIAC Documents Scandal surfaced, so it's kind of spooky that this story took place there. It was revealed the Missouri law enforcement officials were accepting ADL/SPLC input about so-called "extremists" and using their slanted guidance to implement watch procedures. The SPLC and the ADL have gone far beyond monitoring actual "racist" organizations and are actually suggesting that Ron Paul and Chuck Baldwin and their followers like Campaign for Liberty might be potential "domestic terrorists". The scandal provoked a split within Missouri's Executive Branch, with Lt Gov. Kinder criticizing Governor Nixon's public support of the report. The MIAC (Missouri Information Analysis Center) report was screen-captured and posted on Stormfront. Missouri's top law enforcement recently renounced any intention to use the SPLC's criteria.

Alaska Family Council Warns Alaskan Parents Against The Homosexual "Day Of Silence" In Our High Schools On April 17th; National Boycott Organized

The annual "Day Of Silence", which is organized by homosexuals and their allies in our high schools, is at hand, set for Friday April 17th, 2009. Observances vary from one high school to another, but in general, school officials typically encourage students to be silent for the entire day as a sign of solidarity with the homosexual activist movement. Students are often encouraged to wear special homosexual badges, stickers, and bracelets which are handed out throughout schools during the day. There are also pro-homosexual posters and handouts, and even workshops. The schools use various psychological methods during the day to attempt to create a strong bond with the homosexual movement in the minds of the kids; indeed, the pressure can be so heavy that the pro-gay forces sometimes act like Hitler Youth, according to WorldNetDaily columnist Judith Reisman. Schools with Gay-Straight Alliance clubs are more likely to observe this day than those without the clubs.

The pro-family lobby is not taking this lying down. The Illinois Family Institute is spearheading a national boycott of the Day Of Silence. According to their press release, parents are encouraged to call their children's middle schools and high schools to ask whether the administration and/or teachers will permit students to remain silent during class on the Day of Silence. If so, parents can express their opposition by calling their children out of school on that day and sending letters of explanation to their administrators, their children's teachers, and all school board members. A total of 22 pro-family organizations have signed on to this campaign.

Although the Alaska Family Council is not listed as one of the 22 co-sponsors, it is also aware of the issue and is taking a stand against the Day Of Silence as well. They urge parents opposing it to send a letter to their children's school informing officials that their kids will be staying out as a protest against the observance. They provide a sample letter HERE which can be used as a guide to writing one's own letter.

The Alaska Family Council also informs us of the Day Of Truth scheduled nationwide on Monday April 20th. It is designed to afford those who oppose the state-sponsored promotion and protection of the homosexual lifestyle to express themselves in school in accordance with school rules, without disrupting classes themselves.

In previous years, the Day Of Silence has only been sporadically observed, with no more than a dozen or so students. Both the Anchorage School District and the Fairbanks School District have in the past granted students who did not want to show up for school on that day excused absences.

ASD is unlikely to act differently this year. But I'm worried about the Fairbanks School District, where the homosexual culture seems to be more deeply entrenched. In February, the Fairbanks School Board on two consecutive readings passed a measure declaring transgendered students a protected class, without addressing bathroom usage. One of the school board members voting in favor was Sue Hull, a Republican (in Michael Steele's Republikwan Party, anything can be a Republican except a social conservative). Thus it is of paramount importance to take a stand and show widespread opposition to the Day Of Silence.

Neo-Prohibitionist Citizens Against Dan Sullivan Launches Smear Campaign Against Anchorage Mayoral Candidate Dan Sullivan Over "Alcohol" Interests

A shadowy neo-prohibitionist special interest group has slithered into the spotlight to launch a smear campaign against conservative Anchorage mayoral candidate Dan Sullivan. Coincidentally, the group went public on the same day a new Dave Dittman poll showed Sullivan opening up a commanding lead in the mayor's race, creeping to within three percent of the 45 percent threshold necessary to win the election outright on April 7th.

The group, which calls itself "Citizens Against Dan Sullivan and Liquor Industry Influence", and which, according to APOC records, is located at 2650 East 50th Avenue in Anchorage and can be reached at 907-563-7374 or 907-563-7378, is taking issue with what they characterize as excessive contributions to Sullivan's campaign by local alcohol interests, as well as his "opportunistic" purchase of a bar near the De'naina Convention Center prior to its opening. They've been distributing mailers, the text of which can be viewed at the Immoral Minority blog.

Media stories published by KTUU Channel 2 and the Anchorage Daily News. Additional opinion by The Alaska Standard.

Anna Sappah, chair of the group, said the group is concerned because Sullivan, who owns a downtown pub called McGinley's, received about $12,000 in campaign contributions from people in the bar and retail liquor industry. Sappah, self-described as a "person in recovery" and as a "substance abuse professional", said she is worried that Sullivan might make decisions as mayor that would exacerbate the city's public inebriate problems.

However, the APOC entry for the group lists Julia Garriques as the point of contact. APOC also shows a single $85 contribution on the entry, although Sappah claims they've raised $2,000. Sappah said she has not engaged in anti-liquor political campaigns in the past but was approached last week to help with this one by people she wouldn't name. The group plans to run a radio ad between now and the April 7th election.

Sappah also took issue with Sullivan's purchase of a bar near the new De'naina Convention Center, apparently trying to portray a false picture of an Assemblyman trying to capitalize on his political position. She also claimed that the bar, known as McGinley's Pub, operated without a business license for about three months. When KTUU checked with the Alaska Division of Corporations, Business and Professional Licensing, they acknowledged that was true, but added that because the division has to manually process thousands of renewals, some can get backlogged and that a business license lapse is fairly common. Licensing Chief Jennifer Strickler said a few months is no big deal, as long as the application is filed in a timely fashion.

Although Sullivan did not respond to the attack in person, his campaign put out a press release calling the new effort a last-minute smear. "There has been ample time ... to discuss the important issues regarding public health concerns and bringing a shadow political group forward at this time diminishes the whole process".

This last minute hail-Mary desperation move by Citizens Against Dan Sullivan is meaningless. Sullivan is committed to concentrating more law enforcement resources in areas more subject to crime, so his bar will not become a magnet for crime. As a matter of fact, when he was an Assemblyman for West Anchorage, his advocacy was so effective in chasing crime out of Spenard that then-Downtown Assemblyman Allan Tesche humorously complained that Sullivan had chased all the scum into the Downtown District. The real reason so many bar owners are contributing to Sullivan's campaign is because they know that Sullivan's emphasis on law enforcement will cause them fewer problems and help them increase their profits.

Citizens Against Dan Sullivan is nothing more than a minor nuisance unworthy of further attention, although it does provide those of us who are Sullivan partisans with another unexpected and welcome opportunity to promote his candidacy. More information about the Dan Sullivan campaign can be found at the following links:

-- Official campaign website HERE.
-- December 2007 press release outlining his vision HERE.
-- KTUU Channel 2 profile with video HERE.
-- Anchorage Press profile on Sullivan HERE.
-- KSKA Interview accessible HERE.
-- KAKM Channel 7 "Running" Interview accessible HERE.

Pollster Dave Dittman Has Spoken, And It Looks Like A Dan Sullivan-Eric Croft Runoff In The Anchorage 2009 Mayoral Race, At Worst

Thanks to Andrew Halcro and KFQD's backup conservative shock jock "Super Dave" Stieren, we now know that Alaska's premier pollster Dave Dittman has spoken once again, and it's looking almost dead certain to be a runoff between Dan Sullivan and Eric Croft in the Anchorage mayoral race. In fact, there's even a possibility that Sullivan could win outright on April 7th. Tune in to KAKM Channel 7 on April 2nd beginning at 7:00 P.M. to watch the mayoral candidates in action.

The poll of 416 registered voters, taken between March 27-31, shows Sullivan flirting with the 45 percent necessary to preclude a runoff:

-- Dan Sullivan: 42 percent
-- Eric Croft: 21 percent
-- Sheila Selkregg: 13 percent
-- Matt Claman: 5 percent
-- Walt Monegan: 5 percent
-- Paul Honeman: 3 percent
-- Unsure: 11 percent

Most likely the "Unsures" are genuinely undecided rather than supporting one of the nine "secondary" candidates in the race. See static post for complete list of all 15 candidates.

A previous Dittman poll discussed back on February 27th showed the following results:

-- Dan Sullivan: 23 percent
-- Walt Monegan: 10 percent
-- Matt Claman: 10 percent
-- Sheila Selkregg: 10 percent
-- Eric Croft: 8 percent
-- Paul Honeman: 3 percent
-- A different candidate: 2 percent
-- Don't know: 34 percent

It looks like most of the previous Undecideds have chosen to jump aboard the Sullivan bandwagon. Sullivan, along with Eric Croft and Sheila Selkregg, are the biggest gainers, while Walt Monegan and Matt Claman are the biggest losers. Perhaps the novelty of Monegan has simply eroded, but Claman has seriously hurt his campaign by his lack of charisma and his decision to restore the school district budget cuts.

While I, as a Dan Sullivan supporter, would love to see him win outright on April 7th, it would be Pollyannish to expect it to happen. What we can bet on is a Sullivan-Croft runoff. This would be one of the better political campaigns ever; two seasoned, classy politicians going at each other full throttle, but sticking to issues. Of course, the next question is "how would a runoff election end up"?

Here's a rough breakdown on the possible migration of votes in a runoff election (assuming the electoral numbers turn out the same as the poll numbers:

Dan Sullivan: Starts out with his 42 percent.
Eric Croft: Starts out with his 21 percent.
Sheila Selkregg: Her supporters will overwhelmingly support Croft. Of her 13 percent, 12 goes to Croft, one to Sullivan.
Matt Claman: His supporters will migrate to Croft. Of his 5 percent, 4 goes to Croft, one to Sullivan.
Paul Honeman: Virtually all his supporters likely to migrate to Sullivan. All his 3 percent to Sullivan.
Walt Monegan: A wild card. I'd say of his 5 percent, 3 percent to Croft, 2 percent to Sullivan.
Unsure: Based upon existing demographics, of the 11 percent, 6 percent to Croft, 5 percent to Sullivan.

Projected final outcome: Dan Sullivan 54 percent, Eric Croft 46 percent. Still, there is no cause for premature celebration. Croft does know how to win elections. But then again, so does Sullivan.

Alaska Republican Chairman Randy Ruedrich Calls Upon Senator Mark Begich To Resign And Stand For Special Election After Ted Stevens' Exoneration

Alaskans continue to react - and be sharply divided - on the Department of Justice's decision to drop the seven-count indictment of former Senator Ted Stevens. A KTUU Channel 2 unscientific poll shows that while 49 percent of respondents do not consider Stevens to be exonerated, 48 percent do, with three percent undecided. A special section for LTEs in the Anchorage Daily News revealed four in favor of Stevens, and four opposed. A post on the Juneau Empire Voxbox contains additional reaction centered around southeast Alaska. Fairbanks Daily News-Miner columnist Dermot Cole questions whether the decision will impact other Alaska corruption cases, since the Feds may be reluctant to use a demonstrably-tainted Bill Allen as a star witness. And well after other notables had weighed in, Governor Sarah Palin finally issued a statement supportive of Stevens.

But a growing number of Alaskans don't believe exoneration is sufficient; they think the election of Mark Begich to succeed Stevens has now become tainted, and want Begich to step down and stand in a special election (in which Stevens presumably would run). Championing their cause is Alaska Republican Party State Chairman Randy Ruedrich, who sent out an e-mail calling for the resignation of Begich (also reported by KTUU). Here's the pertinent part:

The Alaska Republican Party further believes that current Senator Mark Begich should resign his position to allow for a new, special election, so Alaskans may have the chance to vote for a Senator without the improper influence of the corrupt Department of Justice.

The only reason Mark Begich won the election in November is because a few thousand Alaskans thought that Senator Ted Stevens was guilty of seven felonies. Senator Stevens has maintained his innocence and now, even the Department of Justice acknowedges it's wrong doing.

A special election will allow Alaskans to have a real, non-biased, credible process where the most qualified person could win, without the manipulation of the Department of Justice.

Since this post, Senator Begich has responded, saying that although he believed it was clear there was misconduct during the senator's trial, he stepped into the race "long before Senator Stevens' legal troubles began, because Alaskans were looking for a change and a senator as independent as Alaska".

"Today, with our country in a severe recession, it's more important than ever that we have a senator focused on fixing our economy so Alaskans have the jobs they need to support their families," he said. "That is my job in the Senate, and I'm honored to serve Alaskans for the next six years".

Fueling the growing outrage is an extremely limp-wristed, back-handed, watered-down statement of acknowledgement issued by Begich on April 1st, in which Begich merely characterized the DOJ's action as "reasonable". Begich's fence-straddling equivocation drew sharp criticism from the left-of-center Alaska Dispatch blog. Senator Begich should reconsider his statement and issue an apology to Alaskans for insulting the state and its former Senator.

Since this post was published, KTUU has conducted an unscientific poll, and 60 percent of respondents say that Mark Begich should not resign.

But is it really necessary to call a special election and expend more public funds on the process? First, we need to define "exoneration". From the DOJ announcement, we find that the DOJ simply decided that a new trial was warranted, and then, in the interests of justice, decided not to press for a new trial. Thus the Federal indictment has been effectively abandoned. But nowhere in the announcement does it state that the conviction of Ted Stevens has been overturned. Thus, Ted Stevens still technically has a Federal conviction on his record. But this is an oversight that Stevens' defense team could seek to correct during the April 7th hearing before Judge Emmet Sullivan, where the judge will determine whether or not to accept the DOJ's action. At that time, the defense team could file a motion to actually overturn the conviction itself and give Stevens a clean record. This would be richly deserved.

Even though it would be an extremely noble gesture for Senator Begich to resign, forever enshrining him as a positive political role model in Alaska, there are only two reasons why he would need to do so; either because of actual improprieties in the election process itself, or personal misconduct on Begich's part himself. Neither are known to have occurred; consequently, the public expenditure on a special election would not be justified.

Mark Begich benefited from the conviction of Ted Stevens, but he did not originate it, and kept Stevens' troubles out of his campaign rhetoric as much as possible. Begich has not rendered himself unworthy of office. Besides, a changing of the guard was inevitable; Stevens is 85 years old. We could have picked a far worse replacement than Mark Begich. Let's not allow passion to trump reason in this case.

Anchorage 2009 School Board Candidates Square Off On KAKM Channel 7's "Running"; Marc Grober And Steve Pratt Both Oppose HB33

Candidates for the four different school board seats being contested by 23 different candidates in the April 7th Anchorage municipal election squared off on the "Running" program aired by KAKM Channel 7 in Anchorage on April 1st, 2009. Audio archives will be posted on the KAKM website during the next 24 hours. Static page on all school board candidates HERE.

Because of the sheer volume of candidates, the format was different this time. Moderators Michael Carey and Len Anderson asked all the questions. They did not necessarily ask the same questions of each candidate. Candidates were not permitted to ask each other questions, as is normally done. Because of the continued lack of media publicity of this race, I am posting my assessments below:

Mia Costello, Seat B: Solid delivery, although she probably gave more information than necessary in her opening statement. If cuts were necessary, she would cut admin first. Believes the school board needs to be more selective on implementing new programs. No Child Left Behind a good concept, but implementation results in too much testing; more flexibility needed. Solid educational foundation defined as communciations, math, and voc-ed.

Steve Pratt, Seat B: Superb verbal delivery, speaks better than he writes. Strongly emphasized his background as an economist as an asset towards determining optimal resource allocation. Believes ASD has good transparency, but engagement skills could be improved. Opposes HB33 which would keep kids in school until age 18; believes keeping kids older than 16 in school against their will could be excessively disruptive and expensive. Would prefer that the HB33 funds be re-directed towards additional teacher hire.

Jeannie Mackie, Seat B incumbent: Seemed nervous and unsure of herself. Focused on attracting and keeping high-quality teachers. Concerned about the ASD dropout rate, but excessively racializes the problem. This stems from her childhood experiences in Nenana. Supports both Proposition 1 and 2. Well-intentioned candidate, but not ready for prime time. I'm not sure what the school board saw in her when they appointed her.

Starr Marsett, Seat B: Exudes enthusiasm and confidence. Grandmother of an autistic child, vigorously supports mainstreaming of special needs kids even at the potential risk of creating a disruptive classroom environment. This would seem to fly in the face of her other goal of ensuring that teachers spend more time teaching and less time managing. Would not turn down Federal stimulus funds, as long as there are no strings attached. Thinks NCLB is too inflexible; too many teachers teaching the tests. If budget cuts are necessary, would cut admin first. Opines that too many teachers find it necessary to buy school supplies with personal funds.

Marc Grober, Seat B: Solid, articulate delivery. Reiterated his relevant background as an attorney and an IT specialist. Believes his history of launching litigation would not impact relationships with other board members. Thinks board members act too often as "assistant superintendents", all singing from the same sheet of music. Believes more discussion is necessary. Periodic budget review process, as currently implemented, encourages the superintendent to use it to gain cover; recommends the budget review process be continuous. Rates Carol Comeau a C-. Wants to extend the school year to improve continuity between one year and the next. Also opposes HB33 which would keep kids in school until age 18; believes keeping kids older than 16 in school against their will could be excessively disruptive and expensive.

Richard Foster, Seat B: Good delivery. Favors more parental involvement. Wants a return to defined benefits as a recruiting tool. Otherwise did not traffic in specifics. Interest in ASD commendable, but not ready for prime time.

William P.H. Nye, Seat B: Enthusiastic if slightly disorganized delivery. Thinks ASD pays more attention to buildings than to teachers. Considers reading and writing to be a part of voc-ed (or at least a necessary precursor), since many trade workers are required to pass written tests to qualify for jobs. Favors more business partnerships to help solve funding problems. Wants to replace school buses with public transportation (this does not work well in some cities, and creates disciplinary problems aboard city buses). Believes district too top-heavy in admin. Supports both school bonds.

David Boyle, Seat B: Very organized and measured delivery. Identifies the dropout rate as ASD's greatest weakness. Continues to be the one candidate openly and persistently stressing the need for more discipline; wants teachers to post homework assignments on-line so that parents could verify. School board should ask more probing questions of the administration during board meetings. Students in the middle being neglected.

Nels Johnson, Seat B: Good delivery. Interesting background; worked as a student teacher in Australia and New Zealand, noted they had smaller class sizes and more funding. Believes the size of ASD's budget is too small, but is willing to work within existing constraints. Considers critical thinking skills the most important attribute which public education can develop; believes NCLB and its emphasis on constant testing hinders the development of critical thinking. Supports both school bonds.

Stephen Johnston, Seat B: Good delivery. Believes NCLB is a good concept, the only problem is underfunding. Mayor and superintendent must work together to determine if unnecessary duplication of services is occurring. Acknowledges that high schools may be too large for some students, but the presence of smaller learning communities and alternative schools mitigates the problem. Concerned with high activity fees; believes it was a mistake to take the "junk food" out of the vending machines because the students can still go off campus to get junk food thanks to ASD's open campus policy (vending machines helped fund activities).

The remaining Seat B candidates Jennifer Lucas, Dan Garcia, and Michele Quier did not participate.

James LaBelle, Seat E: Good delivery, improvement since his 2008 candidacy. Focused upon diversity, although he has since clarified that he doesn't mean only racial diversity. Concerned about how low-income parents can increase their involvement in their kids' education when they're working two jobs at a time. Gives Carol Comeau a B.

Bobby Jo Kramer, Seat E: Good delivery. Focused on Alaska Native interests, almost to the exclusion of other ethnicities. Understandable, since she spent considerable time in Pilot Point and is a former member of the Lakes and Peninsula School Board, but this tilt can alienate people of other ethnicities. Supports both school bonds.

Kathleen Plunkett, Seat E: Good delivery. Former accountant, an eye for the bottom line. Extensive community involvement and a former ASD Volunteer of the Year. Believes safe schools require safe surrounding communities. Considers ASD deficient in communications.

Don Smith, Seat E. Professional delivery, reflects his background as a former Assembly Member and state legislator. Father of the tax cap; a pronounced fiscal conservative. Refuses to promise what he feels he cannot deliver; at a recent AEA forum, refused to give AEA a "blank check". Believes special needs programs can be cut if necessary by reducing mainstreaming of special needs kids. Considers mainstreaming excessively disruptive and believes it holds back other kids. Teachers spending too much time managing and not enough time teaching. Believes ASD neglects the average kids in the middle. Opposes the school bonds.

Jody Smith, Seat E. Good delivery. Believes educators need to be represented on the school board; her experience as a teacher would provide that representation. Criticized the lack of media interest in the school board campaigns. Otherwise offered nothing really different or in addition to what is already on her platform.

The remaining Seat E candidates Michael Lindbeck and Marilyn Stewart did not participate.

Seat F: Incumbent Jeff Friedman vs. Dawn Bundick. This only requires a brief assessment. Friedman and Bundick both are concerned with dropout rates and engaging disconnected students. Friedman is an experienced two-term incumbent; Bundick a first-time candidate. Easy choice, though Bundick is very well-spoken for a first-time candidate.

Seat G: Incumbent Crystal Kennedy, running unopposed.

Department Of Justice Dismisses Indictment Against Former Alaska Senator Ted Stevens With Prejudice, No New Trial; Mark Begich Blows It Off

Update April 7th: Judge Emmet Sullivan formally dismisses the conviction. Ted Stevens in the clear. Details HERE.

April 1st, 2009 will go down as a red-letter day in the personal history of former Alaska U.S. Senator Ted Stevens. It is the day he finally received justice. The Department of Justice announced that they are dismissing the seven-count indictment against Stevens with prejudice, meaning that they will not try him again. Primary local media stories in the Anchorage Daily News, KTVA Channel 11, and KTUU Channel 2 (with two news videos). A complete index of all ADN stories about the Ted Stevens case can be found HERE, and all previous posts on the Ted Stevens case accessible HERE, with the most recent post appearing first.

National stories of pertinence from ABC News, the Washington Post, and CNN.

Attorney General Eric Holder announced the decision personally, including his intent to refer the case to the Office of Professional Responsibility to determine if any DOJ personnel associated with the prosecution should be sanctioned. According to the actual motion to set aside the verdict, the October 6th, 2002 memo known as the "Torricelli Note", presented at trial as Exhibit #495, was the smoking gun fatally undermining the government's case. The controversy revolves around an April 15th interview in which Bill Allen said that he (Bill Allen) did not recall talking to Bob Persons regarding giving a bill to the defendant. But this statement varies with Allen's trial testimony, in which he described a conversation with Persons about the Torricelli note. In addition, the April 15th interview notes indicate that Allen estimated that if his workers had performed efficiently, the fair market value of the work his corporation performed on defendant's Girdwood chalet would have been $80,000. Ted Stevens was not informed prior to or during trial of the statements by Bill Allen on April 15th, and this information could have been used by the defendant to cross-examine Bill Allen and in arguments to the jury. Holder also cited Stevens' age as a factor in his decision not to seek a new trial.

There is one remaining formality. Typically before a dismissal can take effect, the defense must file a motion in response and the judge must rule. It is possible, but unlikely, that the judge could deny the motion. Judge Emmet Sullivan scheduled a hearing for April 7th to take up the motion.

The Alaska Dispatch earlier presented a series of columns by former U.S. Attorney Wev Shea explaining why the Ted Stevens prosecution was bogus:

-- The corrupt, unethical prosecution of Stevens
-- The corrupt, unethical prosecution of Ted Stevens, Part II
-- The corrupt, unethical prosecution of Senator Stevens, Part III
-- The corrupt, unethical prosecution of Ted Stevens, Part IV
-- Misconduct in Stevens' prosecution not norm for Justice Department

Reaction by Ted Stevens and his defense team are posted HERE. Stevens expressed faith that he would be exonerated, expressed thanks to his family, defense team, and Alaskans, and reminded people that the election outcome was affected by the prosecution. Senator Lisa Murkowski also expressed her support of Stevens, and wondered how he would get back his good name. Likewise, Congressman Don Young vigorously expressed support for Stevens. Governor Sarah Palin also strongly applauded the Justice Department's decision, characterizing Stevens' ordeal as a horrible experience.

In contrast, Stevens' successor, Senator Mark Begich, issued an extremely tepid statement of support for the DOJ decision. Begich said, “Assuming this morning’s media reports are accurate, the decision by President Obama’s Justice Department to end the prosecution of Senator Ted Stevens is reasonable. I always said I didn’t think Senator Stevens should serve time in jail and hopefully this decision ensures that is the case. It’s time for Senator Stevens, his family and Alaskans to move on and put this behind us”.

What a limp-wristed, phlegmatic, damning-by-faint-praise statement by Begich! One would think that Senator Begich would be more confident in the integrity of his stewardship. The fact that Ted Stevens' conviction was the tailwind propelling Mark Begich to the Senate does not make him any less a Senator; Alaskans have long since reconciled themselves to the outcome. But Mark Begich could have spoken more like an Alaskan in this case; the Alaska Dispatch also shares this point of view.

Other Alaskan reaction is posted in this separate ADN story, and the Associated Press has documented quotes from other Alaskan notables. Most Stevens supporters merely attribute his troubles to sloppy bookkeeping. On The Alaska Standard, conservative radio shock jock Dan Fagan is absolutely jubilant and thinks Stevens should run for Governor in 2010. While Stevens undoubtedly would defeat Sarah Palin in a Republican primary, the experience of Frank Murkowski should remind us that success in Washington doesn't always replicate well in Juneau.

Update: Eight letters to the editor appeared in ADN on April 2nd; four for Stevens, four against.

A few Alaskans are asking if this is enough justification to invalidate the election of Mark Begich to the U.S. Senate. This would be unlikely; the election itself would have to be shown as fraud in order to invalidate it. Consequently, don't expect a new election to be called. Nor should a new election be held. Even though clearly propelled by a tailwind, Mark Begich won his election fair and square. Besides, at the age of 85, the time was clearly approaching for a new generation to take over. And since Ted Stevens isn't exactly one of the legendary "Three Nephites", it is also appointed unto him to die one time, as it is to the rest of us.