(Radio Iowa) – Iowa Senator Chuck Grassley says his “no” vote on Judge Ketanji Brown Jackson’s nomination to the U.S. Supreme Court isn’t meant to send a message to other federal judges. “I judge district judges, circuit judges, supreme court judges on how I see they’re going to interpret the Constitution according to original intent,” Grassley says, “and to make sure they don’t add to or subtract from laws passed by congress.”

Grassley was among the Republicans in the Senate Judiciary Committee who voted against Jackson’s appointment to the nation’s highest court. Before his vote, Grassley said Jackson’s approach to criminal sentencing was too lenient. Grassley told Radio Iowa this (Tuesday) morning his “no” shouldn’t be interpreted by other federal judges as they considering sentencing criminals.

“It isn’t intended to any of a message,” Grassley says, “and I don’t think it should be read to send any message.” Grassley says it’s his view that Judge Jackson has misinterpreted a 2018 law called the First Step Act, which Grassley co-sponsored. It gives judges more options to impose sentences that are lower than the mandat­ory minimum penal­ties in federal law.

“I ought to know what we intended to do in that act,” Grassley says. “She took advantage of what she thought was a retroactive part of that legislation to give a lighter sentence to people and retroactivity is not included in the First Step Act.” The Democrats running for a chance to challenge Grassley’s bid for reelection this year are criticizing Grassley’s vote against Jackson.

Mike Franken, a retired Navy Admiral, says Jackson is more than qualified to be the next U.S. Supreme Court justice and Grassley’s no vote is shameful. Abby Finkenauer, a former Iowa congresswoman, says after 47 years in office, Grassley is more interested in toeing the party line than confirming a competent and qualified justice. Glenn Hurst, a doctor from Minden, says Grassley is refusing to vote for the most qualified person to ever be nominated to the Supreme Court.

(Radio Iowa) – A key House member says now is the time to pass a moratorium to prevent developers from seeking government condemnation of land along proposed carbon pipeline routes before February 1st. Republican SENATOR Dennis Guth, of Klemme, recently said the plan does absolutely nothing, because the Iowa Utilities Board process for eminent domain wouldn’t start before next February anyway. Republican Representative Bobby Kaufmann, of Wilton, disagrees.

“You can say that the eminent domain legislation didn’t go far enough. You can say that eminent domain legislation is not needed,” Kaufmann says, “but to state that the language that the House passed is useless is ignorant.” According to Guth, he’s been assured by the chair of the Iowa Utilities Board that the rules for seeking eminent domain would stretch the process out well into next year. Kaufmann says the point of the House proposal is to address the fears of property owners who do not want the pipelines to pass through their land or feel pressured to sign leases with the developers.

“Landowners who don’t believe what Senator Guth says about the IUB timeline. They don’t believe what I say about the IUB timeline. They don’t believe what the pipeline companies say about the IUB timeline,” Kaufmann says. “They believe that once we leave, the playing field changes, so putting a moratorium on eminent domain until we’re back is a very impactful thing.” Kaufmann says the moratorium — which would be in effect while the legislature is NOT in session — is designed to send a message to the pipeline developers, too.

“To pass pipeline legislation regarding eminent domain is a message to the pipeline companies that we have an expectation as a legislature for you to negotiate fairly,” Kaufmann says. “…Heads up, we’re willing to act. You can say, again, that you’d like it go further and you can say we don’t need it at all, but it is not useless, but it definitely does things.”

Senator Guth says he’s working with Senate leaders and others to develop a long-term fix to present in the 2023 legislative session, to limit the broad use of eminent domain for private sector projects. The Senate has not yet taken a vote on the bill that includes the temporary moratorium on the subject that HOUSE members have approved.

(Radio Iowa) – The Iowa Department of Agriculture reports another confirmed case of the bird flu. This case is in Hamilton County in a flock of young turkeys known as poults. There are 16-thousand-200 birds in the flock. This is the second case confirmed in Hamilton County, the first was on March 28th, and this is the 13th case now confirmed statewide.

More than 13 million birds have now been destroyed in Iowa to prevent the spread of the virus.

Council Bluffs, Iowa – The Pottawattamie County Emergency Management Agency says a ban on open burning will be in place for Pottawattamie County beginning Wednesday, April 6, 2022, at 8:00 a.m.

The ban prohibits all open and controlled burning in Pottawattamie County, including all incorporated city limits within the county. The current weather forecast and environmental conditions indicate a very high fire danger with winds gusting to over 40 mph over the next couple days. The current dry conditions and dead vegetative fuels creates the perfect conditions for fires to spread rapidly.

Fire departments within the county have been responding to increased controlled burns that have gotten out of control, endangering property. During these dry conditions, citizens are reminded to not throw out cigarettes from moving vehicles and to discontinue burning yard waste, piled tree debris, grass/agricultural ground and set-asides or other items during the ban. At this time, the ban is anticipated to remain in effect until after planting season or if the county receives substantial increases in precipitation.

Violation of a burn ban can subject a person to citation or arrest for reckless use of fire or disobeying a burn ban. You may also be liable for any damages, losses, or injuries resulting from the fire.

For updated information on burn bans and the law you can find further information on our facebook, twitter, and web page. All citizens are urged to sign up for Alert Iowa at pcema-ia.org to receive alerts for fire danger, severe weather, and emergency notifications for your community.

Page County Sheriff Lyle Palmer reports a man from Essex was arrested Tuesday (today) on two Page County warrants. 39-year-old Adam Blake Sandahl was taken into custody at his residence in Essex, on warrants for charges of Failure to Appear -Revocation Hearing, Violation of Probation, Sentencing charge of Driving while License is Barred.

Sandahl was transported to the Page County Jail where he posted the $4,000 bond and was released pending, further court proceedings prior to being booked into the jail.

A charge is merely an accusation and that the defendant is presumed innocent until and unless proven guilty.

(Lewis, Iowa) – Three people have been arrested in relation to the theft of a church bell from Lewis. According to the Cass County (Iowa) Sheriff’s Office those taken into custody include: 31-year-old Trenton Baier, from Lewis; 30-year-old Shialea Cozad, and 62-year-old Phillip Duncan, both of whom are from Omaha.

The trio are alleged to have stolen a nearly 400-pound church bell mounted on pedestals near the United Congregational Methodist Church in Lewis, late last month. All three were arrested for Theft in the 2nd Degree.  Cozad and Duncan were additionally charged with controlled substance violations.

Trenton Baier

Shialea Cozad

Phillip Duncan

Sheriff Darby McLaren says “through the investigation, deputies spoke with several citizens of the community and followed-up on many leads. Deputies executed multiple search warrants, interviewed numerous person(s) of interest, and completed the criminal investigation by making the three arrests.”

The Sheriff said also, “The investigation led deputies to areas of interest in Omaha and Council Bluffs. Unfortunately, during the course of the investigation, deputies received information that lead them to believe the bell had been destroyed.”

The Sheriff’s Department thanks the various agencies of the Iowa Dept. of Public Safety, Omaha and Council Bluffs Police Departments, Atlantic Police Dept. and the City of Lewis, for assistance during the investigation.

Red Oak, Iowa  – Montgomery County voters interested in voting absentee for the June 7 Primary Election may file requests for absentee ballots with the Montgomery County Auditor’s Office.
Due to recent legislation, the time period to request absentee ballots has been reduced from 120 days to 70 days. The new legislation also has shortened the number of days that the Auditor’s Office may have ballots available for absentee voting. Voters now have 20 days to vote absentee either by mail or in-person rather than 29 days.

Voters wishing to receive a ballot by mail for the Primary Election will need to complete an absentee ballot request form and return it to the Montgomery County Auditor’s Office, 105 E Coolbaugh Street, Red Oak, before 5 p.m. on May 23. Voters are reminded that due to recent legislation, the ballot must be returned to the County Auditor’s Office before the polls close at 8:00 p.m. on June 7 to be counted. In-person early voting in the Auditor’s Office and mailing of ballots will begin May 18.

Absentee ballot request forms can be found on the Montgomery County website at www.montgomerycountyia.gov or on the Iowa Secretary of State’s website at https://sos.iowa.gov/. They
may also be requested by calling the Montgomery County Auditor’s office at 712-623-5127. Absentee voters are reminded that since this is a Primary Election, the voter must choose which party’s ballot they would like to vote. The Primary Election in Iowa is a nominating process for the Democratic and Republican parties to determine who will appear on the General Election ballot in November.

For more information about the 2022 Primary Election, contact the Montgomery County Auditor’s office at 712-623-5127 or visit the county website at www.montgomerycountyia.gov. Voters can also follow Montgomery County Auditor & Elections on Facebook.

(Harlan, Iowa) – Sheriff’s officials in Shelby County have issued a report on arrests that occurred between March 23rd and 27th:

On the 27th, 39-year-old Joshua William Cox, of Harlan, was arrested following a traffic stop. He was charged with Operating while under the Influence, and Driving while License Denied or Revoked.

There were two arrests March 26th. 18-year-old Rene Bernal-Salas, of Denison, and 20-year-old Maria Rosa Lara Salazar, of Council Bluffs, were arrested following a traffic stop at Highway 59 and 1200th Street in Shelby County. Bernal-Salas was charged with OWI, Prohibited Acts, Possession of Controlled Substance, Minor in Possession of Alcohol, Speeding, Driving while under Suspension, and Failure to Provide Proof of Financial Liability. Salazar was charged with Possession of Controlled Substance and Minor in Possession of Alcohol.

On the 25th, 30-year-old Isaaias Baltazar-Delgadillo, of Denison, as arrested after a traffic stop on highway 191.  He was charged with Possession of a Controlled Substance, Operating Non-Registered Vehicle, and Speeding. And, on March 23rd, Shelby County deputies arrested 37-year-old Jason David Bengford, of Defiance, following a call for service in Defiance.  Bengford was transported to the Shelby County Jail and charged with Domestic Abuse Assault.

Note: Criminal charges are merely accusations and defendants are presumed innocent until and unless proven guilty in a court of law.

(Sioux City, Iowa) – A Harrison County man involved in methamphetamine and illegal possession of a firearm pled guilty on March 24, 2022, in federal court in Sioux City. The U-S Attorney’s Office for the Northern District of Iowa, today (Tuesday), said 38-year-old Dustin Haynes, from Onawa, was convicted of possession with intent to distribute methamphetamine, manufacture and attempt to manufacture methamphetamine, and illegal possession of a firearm.

At the plea hearing, evidence showed that Haynes was previously convicted of Burglary, Assault while Participating in a Felony, and Possession of a Controlled Substance. As a result, Haynes was not able to legally possess guns. Evidence further showed that on September 1, 2021, law enforcement conducted a traffic stop of the vehicle Haynes was operating. Officers seized components of a methamphetamine lab in Haynes’ vehicle, and a shotgun (broken down) in the trunk of the vehicle. Law enforcement also seized two boxes of pseudoephedrine (used to make methamphetamine) and receipts showing the purchase of the pseudoephedrine within the previous 30 days. Haynes intended to manufacture and distribute the methamphetamine. Haynes attempted to flee law enforcement agents by vehicle, then on foot, and during the pursuit threw out several baggies of meth.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Haynes remains in the custody of the United States Marshal pending sentencing. On the two drug convictions, Haynes faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $5,000,000 fine, and at least four years of supervised release following any imprisonment. On the firearm conviction, Haynes faces no mandatory minimum sentence and a possible maximum sentence of ten years’ imprisonment and up to three years of supervised release following any term of imprisonment.

This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Iowa Division of Narcotics Enforcement, Iowa DCI Laboratory, Monona County Sheriff’s Department, and Iowa State Patrol.