Missouri Times - April 2, 2018 by Missouri Times

The Missouri Times

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APRIL 2, 2018

LABOR HOLDS CAPITOL RALLY Thousands visit Capitol, braving the weather to oppose right-to-work PAGE 8-9

PAGE 5

SUNSHINE ADVANCES

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EDITORIAL

Merger not a threat to family, small farms By Gary Wheeler Executive Director, Missouri Soybean Association

Last week, the European Commission gave its conditional approval for Bayer’s intended acquisition of Monsanto. While the deal that stands to make St. Louis the North American home of Bayer is far from closed, conditional approval represents an important step for this incredibly complex business venture and another opportunity for the companies to demonstrate their commitment to finding a path forward. Adapting to the business environment isn’t something new in agriculture. It’s been necessary to hold our own in the global marketplace, to navigate the increasingly complex regulatory environment every step from the farm field to the end user, and to make an impact in the incredibly competitive and costly research and development arena. The conditions set by the European Commission include selling or spinning off several well-known brands and divisions. The technol-

ogy will continue to be available – maybe under a different name and logo – but still available to farmers. Our priority is ensuring farmers continue to receive the tools they need at a fair market value for the long run. This is part of the process of adjusting to the commodity market’s cycles – commodity prices aren’t where they were 5-10 years ago. They dropped and are still down. Same for profit margins. Input prices, our regulatory burden and land values have all crept upward. Strategic partnerships, mergers, realignments, spin-offs and consolidation shouldn’t come as a surprise. Frankly, they should be expected from those who want to be in business long term. This is not the end of small or mid-sized farms or companies, and it isn’t the end of family farms or family-owned businesses. There’s room at the table for us all, just as there always has been. It’s a matter of us all finding our place – where we best fit and stand to be most successful within the global marketplace.

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TWEETS

Chris *Mr. Irrelevant* Till @ChrisTill1985 #RaisedRoyal

OF THE WEEK

Highlights in 280 characters or less.

PHOTO OF THE WEEK

Charlie Hinderliter @cmhinderliter After 58 days in the hospital at @mercysaintlouis I have now been sprung and am at a rehabilitation facility. Thank you to the excellent staff at @ FollowMercy who took such good care of me. Ryan Silvey @RyanSilvey The day has finally arrived. #RaisedRoyal Brian Ellison @Ptsbrian Missouri Treasurer @Eric_ Schmitt has issued a 24-tweet series on the #STLCards in the past hour. Will the state’s more recent World Champions get an equally in-depth analysis soon?

HOT LIST

JAY BARNES

Despite handling one of the most important investigations in the state right now, he’s up to his normal game of calling on House Speakers to vote if they’re in the chamber and killing bad legal bills. How much more could the world add to this man’s plate? #goals

ROYALS

Spring Training is over and the K has been dusted off and it is beautiful.

TECH SESSION

House Leadership has released a calendar that has April 16 as a technical session. I’ll take it!

SPRING

Look at the long-range calendar - it’s really almost here! I like to think that this rain we’re seeing is more of a cleansing rain to get all the deep winter jimmies out of our system.

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SUNDAY MORNINGS KANSAS CITY - 38 THE SPOT AT 10:00 A.M. ST. LOUIS - ABC 30 KDNL AT 11:00 A.M. SPRINGFIELD - MCN 22 AT 11:00 A.M. MID-MISSOURI - MCN 22 AT 11:00 A.M.

STREAM ONLINE AT TWMP.TV

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Evans, Gregory bills to strengthen Sunshine Law heard in committee by Alisha Shurr

alisha@themissouritimes.com

The House General Laws Committee heard testimony on two bills that would strengthen Missouri’s Sunshine Law and enhances governmental transparency. HB 2523, sponsored by Rep. David Gregory, and HB 2524, sponsored by Rep. Jean Evans, are identical bills that would increase penalties for violating the state’s Sunshine Law and retention law, create the Transparency Division within the Attorney General’s Office, and that office subpoena power in Sunshine Law investigations. “We are looking to heighten and strengthen the enforceability of sunshine law,” said Gregory. “Right now if an Attorney General wants to do an investigation, they are at the complete cooperation and discretion of the agency. That’s wrong in my opinion. We need to give the Attorney General the authority and power they need to investigate if they see wrongdoing. This

is how we protect our people from our own government.” The civil penalty for knowingly violating Missouri’s retention and open records laws

COMMITMENT TO OUR CUSTOMERS Serving more than 1 million Missourians every day, water is all we think about. We constantly monitor our treatment facilities, maintain miles of pipeline, and perform countless quality tests each day. So no matter when you need your water, it’s always there. Just the way it should be. WE KEEP LIFE FLOWING

would be increased to a maximum of $10,000, under the legislation. Any person knowingly violating the laws would be committing a class B misdemeanor. The Transparency Division within the AGO would have the ability serve a civil investigative demand, a subpoena, on any person whom may have information or evidence relevant to a suspected open records law or retention law violation. The division could also provide opinions to local governments and agencies on Sun-

result in a cost to the state because they plan on using existing resources. Daniel Hartman said he is “confident our existing resources can handle additional labor.” There are already those within the department that handle open-records and retention inquiries. Under the legislation, those in the Transparency Division would not represent state agencies thus avoiding a potential conflict of interest. Those testifying on the legislation insisted

We are looking to heighten and strengthen the enforceability of sunshine law,” said Rep. David Gregory. “This is how we protect our people from our own government.” shine Law requests and compliance. “This legislation will better empower my Office to enforce the Sunshine Law and strengthen the penalties for violations,” said AG Josh Hawley in a statement. “Transparency in our government is a vital part of our democracy—and my Office must have the necessary tools to ensure that those who attempt to thwart records-retention and Sunshine policies can be thoroughly investigated.” The representative from the AGO testified that creating the office of transparency will not

that the use of the Confide app by the governor and his staff did not inspire the bills. “The timing is sort of coincidental,” said Evans, “but it probably drew more interest to the bill.” She said she has spoken with the governor’s liaison and was told he supports the bills strengthening the Sunshine Law. “We believe you can’t have a government by the people, for the people without transparency,” said Jonathan Grove, President of the Missouri Sunshine Coalition.

6 THE GENERAL ASSEMBLY

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Senate gives preliminary approval to Eigel’s massive tax reform measure by Benjamin Peters

benjamin@themissouritimes.com

It seems that most members of the Missouri Senate were caught off guard as Sen. Bill Eigel’s tax reform package was perfected by the body. But perhaps no one was as surprised as Sen. Eigel when the body put forward almost no opposition. “I’m obviously thrilled that the body perfected SB 617. We brought out a new substitute that included changes that are a reflection of really six months of effort,” Eigel said. “I think this is a fantastic day for Missouri, because we just perfected the largest tax cut in the history of the state while at the same time securing about $2.5 billion in infrastructure for the state of Missouri’s roads and bridges.” For Eigel, the work on tax reform began in October. Now, in late March, the Senate gave perfection approval to the 400-plus page bill, the 22nd version of the language. Eigel said that over the course of the past two weeks, he worked with his colleagues to try and find the right language that could meet the majority of the Senate’s wishes while putting together an all-encompassing package with changes to numerous levels and areas of the tax code. “Folks were willing to tell us what chang-

es they wanted to see in the bill, what would make them more comfortable,” Eigel said. “It appears that the body was very satisfied with that particular product.” And to watch the process, it’s easy to understand why. The state’s upper chamber offered just two amendments to the bill, taking less than 30 minutes to perfect the legislation,

a speed that surprised many. After being laid over during its first venture to the floor, many had assumed that the bill was almost guaranteed to lead to hours of debate for a second time. The result is a proposal that would lower the state’s current income tax rate of 5.9 percent to 5.25, with possible reductions in the

future if revenues meet certain requirements. It also would lower the corporate tax rate one percent from 6.25 to 5.25, matching the corporate and personal rates. To offset the loss in revenue due to those proposed cuts, it calls for the repealing of a tax deduction given to businesses for filing their taxes on time, ending the federal corporate deduction, and starting to collect sales taxes on Internet purchases. As for the fuel tax, the bill now calls for a total increase of about eight cents and allows CPI adjustments to that until the year 2025, which should get the state to about a 10-cent fuel tax, up from the state’s current 17-cent motor fuel tax. Sen. Dave Schatz told his colleagues on the floor that the higher fuel tax wouldn’t disadvantage Missouri, but would rather keep Missouri “at or below our neighboring states.” The bill still would need to be third read and passed by the chamber, but Eigel says that he is optimistic that the work put forward already is a sign of the strength of the coalition of legislators. “We’ve taken that opportunity, and I think the whole state is going to benefit from it,” Eigel said. “I’m optimistic that this will move toward a third read and final vote in the next week or so.”

Curtman’s hemp bill approved by Senate committee by Alisha Shurr

alisha@themissouritimes.com

Just as industrial hemp gained a powerful ally on the federal level, a House bill establishing a pilot program for the crop got some pushback in a Senate committee hearing. The Senate Agriculture, Food Production, and Outdoor Resources Committee held a public hearing on Rep. Paul Curtman’s HB 2004 on Monday and subsequently passed the legislation 4-1. The bill was given approval by the House in a 141-4 vote in February. Those testifying in opposition inexplicably linked industrial hemp to marijuana, worrying the impact the bill would have on law enforcement efforts and the effect on young adults. “This would automatically legalize marijuana,” said Ed Moses, a retired Missouri State Trooper. “We would lose probable cause by law enforcement (officers) because we’d no longer

be able to tell the difference.” He argued that it is nearly impossible to tell the difference between marijuana and hemp, that producers could hide marijuana in a hemp field, and that hemp can be used to created butane hash oil. But Curtman and Sen. Brian Munzlinger — whose own industrial hemp bill has moved out of the Senate — disagreed with the arguments the opposition made. Several times, Munzlinger pointed out that what they were talking

because cross-pollination would render both crops useless. Under Curtman’s bill, the Missouri State Highway Patrol would be able to perform aerial surveillance on industrial hemp crops to ensure that marijuana is not being cultivated. All farmers seeking a license to cultivate hemp would undergo a fingerprint criminal background check. Crops would also undergo testing to verify a THC level of less than 0.03 percent. Supporters pointed out the potential eco-

Legalizing industrial hemp, as allowed through the 2014 U.S. Farm Bill, is an opportunity to introduce a brand-new economic footprint to the state, according to Curtman. about would still be illegal. “I call this my marijuana eradication bill,” said Munzlinger. He pointed out that marijuana and hemp cannot be grown near each other

nomic impact for the state, that hemp is being imported into Missouri and this would allow farmer’s in the Show-Me State to meet the supply demand.

Legalizing industrial hemp, as allowed through the 2014 U.S. Farm Bill, is an opportunity to introduce a brand-new economic footprint to the state, according to Curtman. The benefits of legalizing industrial hemp got renewed attention on a federal level, with U.S. Senate Majority Leader Mitch McConnell, R-Kentucky, saying he will be filing a bill to legalize the crop as an agricultural product and remove hemp from the list of controlled substances. “I will be introducing when I go back to Senate a week from today,” he said on Monday, legislation to “finally legalize hemp as an agricultural commodity and remove it from the list of controlled substances.” Under the Hemp Farming Act of 2018 hemp would be reclassified under federal law, allow the crop to be sold as an agricultural commodity and those researching it would be able to apply for grants from the USDA.

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7 THE GENERAL ASSEMBLY

Budget Perfected: House restores proposed cuts to education, agrees to tuition cap with universities by Benjamin Peters

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Rowden’s sports betting bill moves out of committee by Alisha Shurr

alisha@themissouritimes.com

The Senate Progress and Development Committee has advanced Sen. Caleb Rowden’s bill to legalize sports waging in Missouri. SB 1009, backed by Penn National Gaming and the Missouri Gaming Association, was approved without any amendments. The bill puts in place the mechanism for Missouri to legalize sports gambling should the Supreme Court decision allow for states to engage such gaming. “It is somewhat preemptive,” Rowden said. “We don’t know how the court is going to rule but most people engaged in the issue think they will open [sports betting] up.” This may be a one- or two-year conversation, according to Rowden. The bill he put forth is designed to legalize sports betting in a responsible way that doesn’t skirt around existing regulation in the constitution relating to gaming. Sen. Denny Hoskins has also put forth a bill, backed by Major League Baseball, to legalize sports betting. SB 1013 has received a hearing but has not moved out of committee. The major difference between the two Senate bills is a 1 percent sports integrity found in Hoskins’ legislation. “I came to realize after talking to a lot of colleagues that the royalty fee is a nonstarter,” Rowden said. But he is certainly open to a conversation with MLB and sports teams about adding sensible provisions to the legislation. The House companions to Rowden and Hoskins bills will be heard in the House Budget Committee April 4.

After months of work on the state’s roughly $28 billion budget, the Missouri House of Representatives has perfected the budget bills for the 2019 fiscal year. And the biggest news from the House floor is that the proposed cuts to higher education, made by Gov. Eric Greitens, have been fully restored by the House. Rep. Scott Fitzpatrick, the House Budget chairman, worked out a deal with the state’s colleges and universities that would limit tuition increases in return for steady funding from the state in the amount of $68 million. Speaking before the House on Tuesday, Fitzpatrick said that most schools have agreed to cap tuition at one percent in exchange for the House’s plan to keep higher education funding steady and level in the next fiscal year, which begins in July. The one percent tuition cap comes in at a level that is less than the projected rate of inflation. The lone holdout in the deal for limiting a tuition hike is Missouri Southern State University. A statement issued by Clif Smart, the president of Missouri State University in Springfield, thanked Fitzpatrick and the legislators for the work. “Restoration of the budget cuts will ensure students continue to have the opportunity to obtain an affordable quality education. If Missouri State receives the appropriations included in the House budget, tuition for in-state undergraduate students will increase by only 1 percent for next academic year,” Smart said in a statement. “The one percent increase is less than half of the increase allowed by statute and keeps Missouri’s universities outstanding track record on affordability moving forward,” Paul Wagner, the executive director of the Council on Public Higher Education, tweeted Tuesday afternoon. While it’s not the original complete ban that Fitzpatrick had sought, he said that what they were doing represented a “good compromise.” Fitzpatrick stated that the universities could still opt to raise tuition at the rate of inflation if they do not get full funding, which could happen if the Governor decides to cut higher education again in the next fiscal year. The move is significant, as it signals one of several initiatives put forward by Gov. Greit-

ens that the House abandoned. In addition to restoring the cuts to universities, the House also fully funded the elementary and secondary school aid formula, moving past Greitens’ $50 million increase for K-12 and adding $99 million. They also added some additional cash for the Department of Transportation, roughly $163 million for MoDOT construction projects. The Legislature made it clear early on that they would not go along with Greitens’ proposed plan to take out a $250 million loan fund to return income taxes on time. Most of the amendments put forward over the course of the day were shot down by the Republican-controlled body, denying special earmarks on projects like allowing undocumented college students to pay in-state tuition, defunding small rural schools, as well as a motion that would make universities spend 10 percent of core funding on student safety. A number of changes were made throughout the day, including some amendments by Fitzpatrick restoring more than $500,000 in vehicle replacement funds, $180,000 in restored funds for the National Guard, and a $3.8 million line to pay county reimbursement arrearages. But what proved, again, to be one of the tensest discussions was that of the budget of the Department of Health and Senior Services. Though more than a week has passed since the House Budget Committee voted to move the state lab out from their department and place it under the Department of Public Safety, all

stemming from the fact that the department had not adequately answered the representatives’ questions regarding the Bourbon virus. “If a human being dies, especially a state worker, I want information,” Rep. Justin Alferman said. “I want to know.” Alferman said he had an issue taking “the bureaucracy at the Department of Health” at their word, saying that his constituents sent him down here to find answers. “How do you get a state department to pay attention?” he asked. “Cut their budget.” “Are we just punishing the department for not listening to us?” Rep. Peter Merideth asked. But the majority won out, killing the amendment that would have restored the state lab under DHSS with a voice vote. Shortly before 10:30 p.m., as the House continued their work on HB 2011, dealing with the $9.2 billion budget of social services, Rep. Deb Lavender stopped to tell her colleagues one thing after several of her amendments had been killed. “In case you didn’t know, I lost three times before I got here,” she said, before putting forward another budget amendment. “It’s called persistence.” That paid off, as the budget chair sighed and agreed to support her endeavor. Her amendment passed with a 100-30 vote, giving $1 million in weatherization assistance. The perfected budget confirms a break between the legislature and the Governor on the issue of the budget, echoing the sentiment that while the Governor makes recommendations, the Legislature makes the budget.

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Labors from around the state rally against right-to-work McCaskill delivers keynote address at ‘Rally for the Middle Class’ by Alisha Shurr

alisha@themissouritimes.com

Several hundred workers from around the Show-Me State gathered in front of the Capitol to show solidarity against right-to-work or right-to-work-for-less, as the labor workers called it. The Missouri State Building and Construction Trades Council organized the “Rally for the Middle Class” in Jefferson City on March 28, 2018. The enthused-crowd heard from a multitude of speakers including Senate Minority Leader Gina Walsh, Rep. Clem Smith, Sen. Jake Hummel, State Auditor Nicole Galloway, and retired Roofers Local #20 member Walter Smith. Bob Voigtmann, an electrician from St. Louis, made the trip because he is against right-to-work. “It will hurt my wages and the wages of every Missourian,” he said. Gov. Eric Greitens signed right-to-work, a concept he campaigned on, in February 2017. Labor unions and their supports subsequently gathered the needed to signatures to put the issue to a statewide vote in November 2018. In fact, they gathered nearly three times the number of needed signatures. “When a union man or woman has a job to do, we do it and we get it done,” said Hummel. He said their job now is to defeat Proposition A on the ballot. “We can not fail because if we do the people in this building — the people that want to take away our rights, cut our pay, give our jobs to someone else — they won’t let up, they won’t stop,” Hummel told the crowd. “They will keep coming back for you and your families way of

life.” To his point, one individual in the crowd was holding a sign that read “Why are out-ofstate contractors working on my Capitol?” Proponents say that right-to-work will lead to more jobs and higher pay while opponents say it will lower wages and cost the state millions in revenue. “It is a very simple principle that men and women can join together and collectively have a voice in their wages and their benefits,” said U.S. Sen. Claire McCaskill, the keynote speaker. “It is the labor leaders that came before you that struggled and fought for a safe working place, for decent wages, for benefits you can count on. It is, in fact, the labor unions in this state that have made the middle class work. “Only an elitist would think it is a good idea to remove power from the worker. Only someone who is looking to give money to shareholders and not money to families would be in favor of removing the power of the worker.” She said that they are going to take a stand for Missourians and for those who work standing on their feet and with their hands. The crowd, which is what Missouri’s labor movement looks like, has never backed down from a fight, according to Walsh. The right-to-work referendum is currently scheduled for the November election, however, there is a recent push to move the vote up to the August election “They actually think if they move this election to August that all you guys won’t vote in November,” McCaskill said, “this is how little they know about you.” “We are going to send them a clear message: this is our state,” said Walsh.

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10 EXECUTIVE BRANCH

Hawley appears strong confirming 15 subpoenas issued in The Mission Continues investigation by Alisha Shurr

alisha@themissouritimes.com

The Attorney General’s Office investigation into Gov. Eric Greitens use of a veterans charity’s resources for his 2016 campaign is steadily moving forward with confirmation that several subpoenas have been issued. On Friday, Josh Hawley confirmed that his office has issued 15 subpoenas in connection with the investigation. Those that have been subpoenaed include The Mission Continues along with their staff and former staff, the Greitens’ Group along with their staff and former staff, staff and former staff with Greitens for Missouri, and other undisclosed individuals and affiliates. “I am pleased with the cooperation we have received thus far from individuals who have been subpoenaed and who have responded to our subpoenas and I am pleased with the evidence thus far that we have been able to collect,” said Hawley. “However, I would strongly coun-

sel those who have or will receive a subpoena from this office to corporate fully, to comply fully and promptly with this office’s subpoenas and I remind them that failure to do so is a separate criminal violation under Missouri statutes.” Hawley impressed the seriousness of the matter and that subpoenas are to be taken seriously several times. He said that everyone who is relevant to the investigation will be subpoenaed. When asked how long the investigation has been active, Hawley declined to specify a date but said since his office had evidence. “This is a very active investigation, and I imagine it will continue to be so,” said Hawley. “We want to gather the evidence right now, that is the focus of our efforts, to gather all relevant evidence and get to the bottom of what may have happened.” They are moving as quickly and thoroughly as they can to get all the facts. Hawley’s timeline is “long as it takes to get the evidence we need to see what the truth is.”

With subpoena power, Hawley would reopen Confide investigation by Alisha Shurr

alisha@themissouritimes.com

The Attorney General’s Office may have completed their investigation into the usage of the text-deleting Confide app by Governor Eric Greitens and his staff but the files have been made available to an investigation that has subpoena power in the matter. On Friday, Josh Hawley said that all the case files in his office’s investigation have been made available to the Missouri House committee investigating Greitens. “The House committee enjoys subpoena power in the Confide subject, which unfortunately this office currently does not,” Hawley said. He urged the General Assembly to pass legislation filed by Reps. David Gregory and Jean Evans that would strengthen Missouri’s Sunshine Law and give the AGO subpoena power in open records cases. “If the legislature is willing to give us that authority, we will reopen the Confide investigation,” Hawley said. The AGO launched an inquiry into Greitens’ office in 2017 after a Kansas City Star report broke the news that the Governor and

some staff members had Confide accounts. The investigation was conducted with eight “high-level members” of the Governor’s Office, though the Governor was not one of those interviewed, as the Governor’s Office had “asserted a blanket objection to all questions regarding communications between interviewees and the Governor based on the doctrine of executive privilege.” The AGO lacks subpoena power in Sunshine Law investigations, thus relied on the interviews with those eight individuals, seven said they had not downloaded the app on their state-issued phones. The report concluded that “Based on the records and materials available, the AGO has not identified any basis for concluding that the GO has violated Missouri law through the use of Confide by GO personnel.” Without the ability to issue subpoenas on the matter, Hawley said that their ability to collect information is limited, particularly from those who do not wish to cooperate. “There is no doubt that subpoena authority would significantly help our ability to gather information, to comply non-cooperating witnesses or those who do not wish to cooperate with us,” he said.

The controversy began in 2016 when The Associated Press obtained a list of The Mission Continues donors the Greitens’ campaign was also in possession of. The listed included more than 500 names, email address, and phone numbers of those who donated $1,000 and more to the charity founded by Greitens. The list also had names and contact information for foundations and corporations. The AP found that of funds raised in Greitens’ campaigns initial two-months, 85 percent came from donors who gave to The Mission Continues. Throughout his entire campaign fundraising, there was significant overlap of those who also gave to the veterans charity. Though initially denying that his campaign ever possessed the donor list, Greitens admitted that his campaign was given the list after the Missouri Ethics Commission looked into the matter. The Missions Continues states that they “did not provide, nor authorize the use of, our do-

nor’s information to any persons or groups for political/campaign purposes. Nor did we promote Governor Greitens for political office.” The Greitens campaign ties to the charity further came under scrutiny when the AP reported that Greitens used a Mission Continues email to send meeting invitations to political consultants as he was preparing to run for office in 2015. Federal tax law states that 501(c)(3) charities, such as The Mission Continues, may not “participate in, or intervene in (including publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for political office.” While state Attorney Generals don’t have direct authority to enforce IRS laws, they do have common law authority to protect not-for-profit assets and address conflicts of interest or private gain. Hawley mentioned that there are options of civil or criminal penalties available depending on the results of the investigation.

Judge denies Greitens’ defense team’s request for trial by judge by Benjamin Peters

benjamin@themissouritimes.com

The judge presiding over Governor Eric Greitens’ case regarding alleged invasion of privacy denied the Greitens’ defense team’s request to trial by judge. The charges against the Governor will be heard by a jury starting May 14. Additionally, Greitens’ lawyers wanted a complete dismissal of the trial because they felt that First Assistant Robert Steele misled the grand jury about the state’s invasion of privacy law. Greitens’ lawyers also said that Steele what Greitens did with the alleged photograph was irrelevant and the only issue is if he took the picture without her knowledge and if she was nude. Also discussed at the hearing was the defense team’s issue with Circuit Attorney

Kim Gardner hiring Harvard Prof. Ronald S. Sullivan as a special prosecutor. Sullivan was brought into the team early in March. The defense team’s motion claims that the hiring of Sullivan violates a Missouri law that blocks private attorneys from assisting elected prosecutors. The motion also notes that Sullivan represents parties other than the state of Missouri as a defense attorney which violates state statutes. Burlison said he would make a decision regarding the motions “shortly.” Towards the end of the hearing, the judge heard from Mark Sableman, a lawyer for various outlets, regarding the use of television cameras during the trial which is set for May 14. Burlison said a decision would be made if Sableman discussed the issue with prosecutors and defense team, and see if they would consent to the use of the cameras.

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EXECUTIVE BRANCH

Updating the players in the Greitens investigation by Scott Faughn

scott@themissouritimes.com

As the varying criminal investigations continue and the path toward the Governor’s May trial unfolds, many of the players are the same from our initial update for a few weeks ago. However, as the investigations have moved forward, several other players have been brought into prominent roles. So we have an update for those following the cases. The key holdovers from the last update: Mark Bobak – Still the chairman of the board of the enormous Greitens criminal defense team. He is literally creating more jobs in Clayton than Centene. Could be one of only a couple of people who could make the case to Eric Greitens that it’s in his interests that it’s time to step aside. Ed Dowd – The head criminal defense lawyer and the self-proclaimed leader behind the non-partisan court plan has gone all in for the Governor. From personally attacking Circuit Attorney Kim Gardner to filing a blizzard of motions, most of them for public relations purposes, he has been all for the Governor all the time. That fat dark money legal defense fund will probably need some extra zeroes by the time it’s over. Kim Gardner – She has been double tough taking on the literal army of Greitens’ criminal defense lawyers. Even the personal attacks on her by Ed Dowd has not seemed to faze her thus far. She is in the hottest of hot seats and everyone will be watching. On an aside, it is remarkable that she is the one person who has gotten Eric Greitens to stop attacking Republicans and attack a Democrat. Jay Barnes – The Greitens team is arguing that the trial should be complete before the investigating committee he chairs can release their report. The true key will be if he caves and gives Greitens special terms for his testimony to the committee. The safe bet is no way. It’s remarkable that in this very challenging role, he has been universally praised from all sides. Josh Hawley – I know, I know… the Confide investigation was a dumpster fire. However, every indication is that he is taking his investigation into The Mission Continues scandal very seriously. From the looks of things, either

Greitens’ assistant falls on a sword, or Hawley balks are the only way new revelations in the case are not uncovered. Todd Richardson – In the toughest position in the state….again. The most honorable man in the history of state government will have the largest say on what the committee finds, and the state is very fortunate to have him in that critical office at this critical time. Al Watkins – The always quotable Watkins has remained, always quotable. New players inheriting prominent or changing roles: Scott Rosenblum – Just candidly you will notice that people like myself and Eric Greitens refrain from every uttering a negative word about the state’s most prominent criminal defense lawyer. He should have been the first call the Governor made, word inside Greitensland is that it was the Governor’s ego, no surprise here, as the reason Rosenblum wasn’t called first. He didn’t want to look like a criminal. The number is 314-862-4332 for anyone not looking to make the same mistake. Susan McGraugh – So the first defense of the Governor was that it is actually legal to take naked pictures women without their consent. Obviously, they needed a woman to make that argument, so they hired a professor from SLU, Mrs. McGraugh. As it just so happens her husband is an St. Louis judge and she is looking to become a judge herself, and shock of all shock, Mr. Dowd has kinsfolk on the committee that picks the panel of judges. If after publicly saying that women can be photographed naked without their consent her appointment to the bench could mean the end of the court plan regardless of any deal. If your SLU, it’s no surprise that you might have issues with how women are treated on campus when you have professors openly stating these perverted views. Todd Graves – He is representing the staff. Look, Todd Graves is a good guy, a good Republican, and an outstanding businessman. However, it’s unfair to put a poor staffer in the spot of having his lawyer representing both the staffer and the Governor. Just another of the spots Greitens seems content to put others in for his actions. Catherine Hanaway – The first woman to

ever be Speaker of the House is representing a few of the Governor’s campaign employees. She would be the attorney to be the most likely to look out for the staffers over the Governor. However, it gets hard to jive her reputation as a defender of women and being part of a legal team claiming it’s legal to photograph naked women without their consent. Just another of the terrible spots Greitens seems content to put others in for his actions. Sean Droke – He is the chairman of the committee raising money from secret dark money donors to pay the Governor’s lawyers. By all accounts a nice guy from the Bootheel who is trying to be loyal to a cause that ended up not being what he signed on for. Ron Weiser – Yes, it struck me as odd, too, when a guy from Michigan was on the committee to raise money for the Governor of Missouri’s legal defense fund. As it turns out, the Michigan big wig raises big time money and has put in hundreds of thousands of dollars to Greitens in the past. It has always struck some Missourians as odd that people from all these different states care so deeply about who the Governor of Missouri is. Looks like the carpetbaggers are raising money to stay. Judge Burlison – Up to this week, the judge in the case was beginning to look more like an employee of Dowd Bennett than the State of Missouri. However, it appears the judge has grown tired of seeing motions filed in his court being only subtle press releases. He set a very aggressive trial date in May and stuck to his original decision. He is in a very tough spot regardless, but his ties to Dowd Bennett are thicker than wrists on a pull-up bar. Chris Bobak – The son of Mark Bobak and the registered agent of the Greitens Group the account that Greitens had his public speaking fees written to that is separate from The Mission Continues. Who knows how entangled The Mission Continues became with the Greitens Group before the recent scandals. Spencer Kympton – Speaking of The Mission Continues, the head of the charity has laid the hammer down, stating that they never authorized any release of their donor list which Eric Greitens campaign raised millions from. Bottom line is that if Kympton says the charity didn’t authorize the taking of the list, then Crystal Taylor has to have taken it without per-

mission or she was told to by Eric Greitens. His letter to The Mission Continues donors was a turning point in the entire scandal. Rob Vescovo – The House Majority Floor Leader came in on a platform of toughness. Some wondered whether it would be weak chest thumping toughness directed against a super minority of a few dozen Democrats. Well, the first half of session down and it’s clear he is just tough. Rep. Vescovo has had the best first half of session of anyone in the General Assembly thus far and will have a big voice in judging the report the investigative committee releases. Mark Whitman – Here is an interesting new wrinkle in the drama. Mark Whitman is in federal prison for embezzlement from the Greitens Group. Now the Greitens Group is the account that Eric Greitens took money for speeches talking about the work he did for The Mission Continues. You have to wonder what Mr. Whitman has to say about his interactions with the Governor. Will be a little odd sending restitution checks to the Governor’s Mansion. Ron Richard – It’s an interesting time for the Senate Leader. He has been a prime target of the Governor’s mockery and attacks but has done the Governor a real favor and called for a pause in his behavior. Ann Wagner – No one’s star has risen farther faster amongst Missouri Republicans than Ann Wagner. The passage of her anti-sex-trafficking bill is a capstone one month where it came out that the Governor was attempting to get her to endorsement to stay in office as his scandals have become deeper. It only shows that a party badly in need of women to highlight has a start that is being courted by everyone in the party for her endorsement and support. Cole County Prosecutor Mark Richardson – If the ethics commission ever gets a quorum, and if they are not complete DESE style stooges, the ethics complaint that the Governor lied on his previous affidavit he signed in that case could fall to him. He is known for being very fair, very unpolitical, and a very straight shooting prosecutor. That reputation may very well be put to the test.

www.themissouritimes.com

12 CAMPAIGN

Federal courts issue decision against dark money groups

by Benjamin Peters

benjamin@themissouritimes.com

Voters could see fewer issue advocacy advertisements being paid for by “dark money” groups following a federal court decision issued this week. U.S. District Judge Christopher Cooper issued an opinion on Tuesday in the case of Citizens for Responsibility and Ethics in Washington (CREW) v. FEC, concluding that all “electioneering communications” should be presumed to count as political spending in the matter of deciding whether a group should register as a political action committee and disclose its donors. It marks the second time that the court has ruled against the Federal Election Committee in the matter. Judge Christopher Cooper ruled that the FEC had acted contrary to law in 2016 by dismissing its decision to dismiss CREW’s complaint against American Action Network (AAN), which CREW alleges spent millions on advertisements without revealing donors. His ruling returned the case to the FEC, but the commissioners blocked action against the

organization again, leading to Judge Cooper’s decision this week. What this decision could mean is that the FEC would have to look at organizations’ spending on ads that could influence elections, while taking a closer look at what exactly defines the line between the need to register as a PAC or not, and whether the ad’s major purpose is “influencing elections.” In only “rare” or “extraordinary” cases should an electioneering communication fall on the non-political side of the ledger for purposes of the applying the “major purpose” test, the court concluded. The court described an electioneering communication that would likely be treated as non-political: “[An ad] runs 60 days before a midterm election; it does not mention the election or even indirectly reference it (e.g., by cabining the message’s timeframe to ‘this November’); the meat of the ad discusses the substance of a proposed bill; the ad urges the viewer to call a named incumbent representative and request that she vote for the bill; but it does not make any reference to the incumbent’s prior voting history or otherwise criticize her.” “This decision marks a major victory not

just for CREW but for believers in an open and transparent political process,” CREW Executive Director Noah Bookbinder said. “We hope to see a major change in the way the FEC approaches investigations of nonprofit organizations engaged in politics.” “It’s a shame we have to keep taking the FEC to court to make it do its job,” Bookbinder continued. “Unfortunately, they have given us no other choice. If they do not want to keep losing in court, they should start enforcing the law.” The basis of the court decision is likely to be challenged, but in the meantime, it could cause some 501(c)(4) groups to cut down on the volume of electioneering communications because of the increased risk, as those advertisements could be treated as political in nature. But what does this mean in terms of Missouri organizations and their spending? In a state where dark money is a commonly discussed topic, a decision like this could be a big deal. However, attorney Chuck Hatfield says it doesn’t mean anything directly for the ShowMe State right now because of three reasons: 1. This is just one non-Missouri court

2. This will surely be appealed and might not stand 3. This addresses FEC law, which is much more specific and intricate than Missouri law That being said, the Missouri Ethics Commission generally tends to follow the guidance of the FEC on similar issues here in Missouri, and if the ruling stands, then it might allow the MEC to act more aggressively in the enforcement of who should be registering as a PAC. Hatfield says that the question has always been at what point does a political communication cross over to the point of needing to register and report contributions. The line had always been “express advocacy”, but that changed with the FEC having some regulations about the timing of issue advocacy ads, (also called interest advocacy or issue only ads). Hatfield says that the Show-Me State has little guidance on this issue, but the line has generally fallen at express advocacy. He notes that, however, this type of decision could move that line, if the MEC mirrors the FEC. But as with all business related to the MEC, the lack of a quorum of commissioners will pump the brakes in any matters being decided or moving forward.

Brenda Shields announces candidacy for 11th House District by Rachael Dunn

rachael@themissouritimes.com

St. Joseph Republican Brenda Shields has announced her candidacy and filed to run for Missouri House District 11, filing on March 27. Shields is running on a theme of “Growing Missouri’s Future.” “I am a longtime resident of St. Joseph and Northwest Missouri, and I believe our region deserves leadership that will fight for our people and for the policies that will grow our communities and our state for the future,” Shields said. Shields is not new to service, having led community initiatives during her time as the President and CEO of the United Way of Greater St. Joseph, as well as a business educator in the St. Joseph School District at Benton High School and Truman Middle School. Prior to her time as an educator, Shields worked for Quaker Oats in St. Joseph for seventeen years, bringing experience from private industry to

the classroom. Shields is a longtime advocate of early childhood education as a tool for long-term economic development. She has served on the

board of the Northwest Missouri United Cerebral Palsy and the Missouri Early Childhood Coordinating Board, in addition to championing Success by Six initiatives.

As part of Shields’ “Growing Missouri’s Future” campaign, Shields believes in setting Northwest Missouri up to be a leader in our state for business and people development. This includes investing in the vital arteries of our region, its infrastructure, to allow our businesses to get products to market safely and efficiently. Additionally, there must be a business climate that promotes small businesses and homegrown industry without being strangled by unnecessary regulation. Finally and most importantly, that every dollar invested in education, early childhood all the way up through our state colleges and universities, pays longterm dividends in personal and economic development for our citizens. Shields earned a Bachelor of Science in Business Administration from the University of Missouri – Columbia, where she met her husband, former State Senator and President Pro Tem Charlie Shields. They have two adult married sons: Brandt (Mary) Shields, St. Joseph, and Bryce (Allison) Shields, Kansas City.

The Missouri Times

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Nate Walker files for Senate District 18

As filing period closes, McCaskill faces 20 in contested U.S. Senate race by Benjamin Peters

benjamin@themissouritimes.com

The filing period for candidates seeking election came to a close Tuesday evening, but not before threatening to break the record high number of people filing to run. A total of 625 people filed to run in six different areas, comprised of the U.S. Senate, U.S House, State Auditor, state Senate, state House, or circuit judgeships, just eight less than the high in 2002, when 633 filed. The race to represent the Show-Me State as one the two U.S. Senators looks to be heating up, with a total of 21 candidates appearing on the board. 11 Republicans, six Democrats, two Green Party members and one Libertarian are seeking the seat, looking to challenge incumbent Democratic U.S. Sen. Claire McCaskill. The assumed frontrunner for the Republicans is Attorney General Josh Hawley, who will be facing 10 others in an August primary: Tony Monetti, Austin Petersen, Fred Ryman, Christina Smith, Kristi Nichols, Bradley Krembs, Ken Patterson, Brian G. Hagg, Courtland Sykes, and Peter Pfeifer. In the race for State Auditor, incumbent Democratic auditor Nicole Galloway faces no primary competition, but she will square off in November against whomever emerges the victor in a Republican showdown currently consisting of Rep. Paul Curtman, David Wasinger, Saundra McDowell and Kevin M. Roach, as well as Libertarian Sean O’Toole,

Don Fitz of the Green Party, and Constitution Party member Jacob Luetkemeyer. Meanwhile, things in the state Senate races proved to be interesting, with a number of rumored candidates not submitting their names in Senate races. Both House Democrats Crystal Quade and Cora Faith Walker had been rumored as potential candidates for open Senate seats, but both ladies instead filed to hold their respective House seats. Walker had been rumored as a candidate in the race to replace Sen. Maria Chappelle-Nadal, which would have meant a four-way primary with Sharon Pace, Brian Williams, and Joe Adams, the only state Senate race that has no candidate from the other party contesting. Rep. Nick Marshall had also been mentioned as a potential candidate to replace the term-limited Sen. Rob Schaaf, but did not file. That race will feature Democrat Martin T. Rucker II against the winner of a three-way primary consisting of Republicans Tony Luetkemeyer, Harry Roberts, and Scot Van Meter. Several new members to the legislative chambers, through various special elections, will be pitted in rematches, including Sen. Mike Cierpiot and Rep. Mike Revis. In all, 318 Republicans filed before the deadline, as well as 263 Democrats. In the House, 208 Republicans filed alongside 189 Democrats, with 14 Libertarians, six Green Party members and one member of the Constitution Party.

22 seats have no Republican challengers, mostly held in strongly liberal areas, while Democrats have no candidate to face a Republican in 18 districts. Speaker Todd Richardson, Speaker Pro Tem Elijah Haahr, and Majority Floor Leader Rob Vescovo issued the following statement after filing had closed. “Missouri House Republicans are pleased and proud to welcome a stellar group of new candidates for 2018 from all corners of our state and from all walks of life. Missouri undisputedly remains a commonsense conservative state, and our new candidates and incumbents seeking reelection fit their districts, and a vast majority of Missouri House districts, very well. “More Republicans filed for the Missouri House over the past month than for any election cycle since the record-setting elections of 2010, a clear indicator of the enthusiasm to maintain and strengthen the GOP supermajority. “Democrats offer an agenda of anger, unrest, and condescension directed at Missouri voters by their most recent standard-bearer, Hillary Clinton. In contrast, Missouri House Republican candidates will offer a forward-looking agenda of job growth, tax relief, and expanded opportunities and freedoms for all Missourians. That’s why we are confident that we will return after the November elections with a strong supermajority in the Missouri House.”

State Representative Nate Walker has officially filed for the Missouri State Senate in the 18th district. A REALTOR® and farmer, Representative Walker currently represents the City of Kirksville, the western part of Adair County, Sullivan, Putnam, and Mercer Counties in the Missouri House of Representatives, District 3. Walker is running for State Senate District 18 to make government smaller and more accountable to taxpayers while providing better service. “I was raised in a community where hard work was not just a value, but a necessity. The average person now must work over 100 days just to pay their annual tax bill, and that is just wrong,” Walker said. “We work hard just to see those tax dollars go to empty pro-football stadiums and collapsing schools in St. Louis City. Meanwhile, swindlers have nearly bankrupted our communities like Mamtek did in Moberly or the $90 million medical billing scheme, under current federal investigation, did in Putnam County.” Walker believes that government has grown too big and bloated to serve Missouri citizens effectively. “Protecting property rights, fighting burdensome regulations, and supporting the end of the inheritance tax on family farms are all priorities for me, because my agriculture background is who I am,” said Walker. Walker is an avid sportsman, a NRA member for almost 40 years, and a staunch defender of the rights of law abiding gun owners. He has been endorsed by the National Rifle Association for his strong defense of our Second Amendment Rights in the legislature. Walker is a father of two sons and is a strong supporter of pro-life issues. He has been endorsed by pro-life groups and Missouri Right to Life. The primary election will be held on August 7, 2018.

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THINGS THAT HAPPENED LAST WEEK

1. Eric Greitens for Missouri committee places radio ad buy. 2. Filing closes with 8 less candidates filing than the record high. Welcome to #moleg, yâ&#x20AC;&#x2122;all. 3. Laborers rally on front lawn by fountains, not deterred by construction or weather 4. Controversial arbitration bill shelved, relieving many 5. Airbnb Delivers $300k to Missouri in first month of tax agreement Read on these and more online at www.missouritimes.com. Email your news to pressreleases@themissouritimes.com

The Missouri Times

Appointment to Northwest Board of Regents a small way to give back

Jason Klindt looks at his appointment to the Northwest Missouri State University Board of Regents as a “small way to give back to an institution that has given so much.” The senior manager of customer intelligence at KCP&L, Klindt was appointed to the Board of Regents in December, confirmed but the Missouri Senate in January and will serve until Jan. 1, 2023. He earned a bachelor’s degree in public relations in 1999 and a master’s degree in business administration in 2002 from Northwest. “I am honored I was asked to serve on the Board of Regents,” Klindt said. “It is a small way to give back to give back to an institution that has given me so much. My time at Northwest was transformative and has really had a huge impact on the person I’ve become. I think for a lot of kids that’s still true. I want to help ensure those same opportunities are there for the next generation.” Three months into his term, Klindt says there is always a plethora of issues and the biggest challenge is understanding the issues. He has had to learn a very complex

industry — on a state and nation level — and a whole new set of acronyms and issues. “You do a lot of listening: You listen to experts, you listen to executives, you listen to the students, you listen to administrators,” said Klindt. “You try and find out what the problems are and the potential solutions.” He defines success in finding a way to continue to grow Northwest and the meet the challenges in continuing to be seen as a university that offers extraordinary value for students. “Northwest is, and always has been, a leader in value,” said Klindt. “As an institution, our niche is providing a great education at an affordable price. So continuing that tradition of excellence and value into the future is a consistent challenge.” One of the big issues higher education faces is balancing a budget. Two decades ago, 70 percent of Northwest’s funding came from the state and 30 percent from the university. Now those numbers have flipped with 30 percent of the funding coming from the state and 70 percent coming from Northwest. There are two ways to balance a budget:

Increasing revenue or decreasing spending. In the last 4 years, Northwest has saved about $66 million in cost, according to Klindt. In the March meeting of the board, they voted to increase tuition for the next — though Klindt voted against doing so. “We are being asked for a tuition increase before we voted for a budget. My belief is we should see expenses and then decided if we want to raise tuition,” said Klindt. “I think we should be considering a tuition increase only after we know our expenses for the year.” While most votes on the board are unanimous, Klindt isn’t afraid to be the sole no vote — as shown on the tuition increase vote. “I respect that my colleagues view it differently but I think we need to reform our process for how we consider both revenue and spending,” he said. Higher education in the United States is going through a profound change, according to Klindt. He believes that it is important to understand that the world is changing under our feet and Northwest will have to continue to adapt to the needs of its students. The university will continue to do that by having sound policies and finance and curriculum and other issues. “There are no shortages of challenges,” said Klindt, “it is just a matter of finding a way to continue to provide that niche that we have, which is a great education at an affordable price.”

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Support the Missouri First-Time Homebuyer Initiative Here’s how the program works:

Most Americans still dream of owning their own home. Homeownership strengthens communities, provides stability for families and helps build financial strength. But saving enough money for a down payment and closing costs is too hard for many Missourians—especially for young people and those looking to buy their first home. Low paying jobs, the cost of living and high student loan payments are tough obstacles to overcome. Many people don’t know where to start. That’s why we need the Missouri FirstTime Homebuyer Initiative—a new idea to help prospective homebuyers save for their first home.

• Individuals could deposit up to $1,600 ($3,200 for couples) annually into a savings account to go toward a first home purchase.

We should be doing more to help first-time homebuyers— not with government handouts but by providing incentives to encourage people to save more of their own money towards the cost of a home. That’s why we need to ask our legislators to approve the Missouri First-Time Homebuyer Initiative.

• The maximum amount that can be deposited over the life of the account is $25,000; the maximum total amount in the account is limited to $50,000. • Parents or grandparents can contribute to this account as well. • An amount equal to 50% of the annual contribution may be deducted from the contributor’s taxable gross income and any gain within the account would not be subject to state income taxes. • Money from the savings account would have to be used toward the purchase or construction of a first home.

Ask Your Legislator to Support the Missouri First-Time Homebuyer Initiative (HB 1796) Today! MissouriFirstHome.com MO_FTHB_MOTimes_9.75x11.indd 1

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