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Tie-breaking vote sends controversial nominee to Vermont Supreme Court

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Tie-breaking vote sends controversial nominee to Vermont Supreme Court


Republican Lt. Gov. John Rodgers cast a tie-breaking vote in the Senate Tuesday to elevate a controversial nominee to Vermont’s highest court.

When Michael Drescher was appointed by Republican Gov. Phil Scott to fill a vacancy on the Vermont Supreme Court last month, he arrived to the confirmation process with what most Democratic lawmakers considered a disqualifying flaw.

As the acting U.S. attorney for Vermont, Drescher led the Trump administration’s high-profile prosecutions of two students, Mohsen Mahdawi and Rümeysa Öztürk, both of whom were arrested and detained by federal immigration authorities last year for their outspoken criticism of the war in Gaza.

During confirmation hearings in the Senate Judiciary Committee, Drescher told lawmakers that he took the lead on those cases to spare his assistants from the stain of association with President Donald Trump’s immigration crackdown. He also said it would be “unfair to conclude that I somehow personally supported the policies of the government simply because I was an advocate for those policies in court.”

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“Would I have preferred somebody else to have been in the trenches in that case? Absolutely, but that would have been the wrong thing to do as a leader of the office,” Drescher said last month.

Those reassurances did little to win over the 17 Democrats in the Vermont Senate, all but two of whom voted to oppose his nomination Tuesday.

“At the end of the day, he did make arguments that were for the purpose of vindicating the unconstitutional detention of two individuals.”

Windham County Sen. Nader Hashim

Windham County Sen. Nader Hashim, the Democratic chair of the Senate Judiciary Committee, said that while Drescher hadn’t acted “in an unethical way,” he nonetheless sacrificed the public trust.

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“At the end of the day, he did make arguments that were for the purpose of vindicating the unconstitutional detention of two individuals,” Hashim said.

Hashim said hundreds of Vermonters have reached out to him to oppose Drescher’s nomination, which he viewed as reason enough to deny Drescher one of five seats on the bench.

Brian Stevenson

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Vermont Public

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Windham County Sen. Nader Hashim, the Democratic chair of the Senate Judiciary Committee, said Drescher’s role in the Trump administration’s immigration crackdown cost him the trust of Vermonters.

“The social contract between the government and the governed is increasingly fragile, and voting contrary to the many voices of Vermonters would only further contribute to that fragility,” Hashim said.

Bennington County Sen. Robert Plunkett, one of only two Democrats to join all 13 Republicans in support of Drescher’s nomination, cited preservation of that social contract as the reason for his “yes” vote.

Plunkett said he entered the nomination process eager to vote against Drescher.

“I wanted this to be the moment when Vermont stands up and says, ‘It stops here,’” he said. “I wanted to cast a vote that felt like resistance.”

But upon further reflection, and after a long conversation with Drescher, Plunkett reversed course. Had Drescher resigned in protest, Plunkett said, the Trump administration might have replaced him with a functionary who was “willing to bend the rules” in ways that prolonged the detentions of the students.

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Plunkett said authoritarian governments rely on the corruption of institutions.

“That happens not just by installing loyalists, but by purging everyone who isn’t,” he said.

By “punishing” Drescher for performing his role in the legal processes that undergird democracy, Plunkett said, “we risk doing that work ourselves.”

Rodgers, who broke the 15-15 tie Tuesday, said Drescher “showed tremendous courage” and has been the subject of “unfair abuse by people in the public that don’t know all the facts.”

Rodgers said he recently had an hourlong phone conversation with Drescher.

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“He explained he feared that if he resigned, that the Trump administration would appoint somebody like they have in other districts, who was highly partisan, and that would have been bad for the state of Vermont,” Rodgers said.

In a written statement Tuesday, Scott called Drescher “an exemplary public servant.”

The Senate also voted 23-7 Tuesday to confirm a second Supreme Court nominee, Christina Nolan, who ran unsuccessfully for the U.S. Senate as a Republican in 2022.

Nolan served as U.S. attorney for Vermont during Trump’s first term.

Justices can serve multiple six-year terms on the Vermont Supreme Court so nominations for the bench are rare. Rarer still, and perhaps unprecedented, is for two seats to become vacant at the same time.

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Vermont musician’s concert cawed, er, called off because of ravens

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Vermont musician’s concert cawed, er, called off because of ravens


ESSEX — Vermont musician Troy Millette has postponed plenty of concerts because of illness, family obligations or bad weather.

Rain, sure. But ravens? Never, at least not until this week.

Millette’s May 30 show, which was set to open the outdoor season on The Old Stage at the Essex Experience, has been pushed back because ravens are nesting in the rafters. State and federal rules restrict what people can do to disturb the nests of birds. Instead of beginning the season at the outdoor stage, Millette will now close it Sept. 25.

“Ironically, my mother is afraid of birds,” Millette told the Burlington Free Press on May 20, the day he learned his concert would be postponed.

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He said he’s not scared of birds but is wary. Especially now.

Differences between ravens and crows

Ravens have a brooding reputation, due in part to Edgar Allan Poe and his macabre “nevermore” musings.

“A hummingbird would have never canceled the show,” Millette said.

Like crows, ravens are deep black in color and caw or croak. But there are, literally, big differences.

“You probably know that ravens are larger, the size of a red-tailed hawk,” reads an Audubon magazine article. “Ravens often travel in pairs, while crows are seen in larger groups.”

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Millette and his band, the Fire Below, were to perform a night of ’90s country covers. Last year, he had sprinkled a few “ironically amazing” covers of “country gold” from the likes of Tim McGraw and Kenny Chesney in sets of his original music. Venue runners liked what they heard and asked for more.

Ryan Clausen, the first drummer for the Fire Below, is music and events director of the Double E venue at the Essex Experience, a restaurant, shopping and entertainment complex owned by Peter Edelmann. Clausen sent a text last week asking Millette if he was afraid of birds.

Millette didn’t think a whole lot about it, but when Clausen reported that one young raven had still not left the nest, prospects for the show grew dimmer.

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Country cover songs lose out to birds

Regulations restrict what can be done to remove bird nests.

“A person shall not take or willfully destroy the nests or eggs of wild birds, other than rock pigeons, house sparrows or European starlings, except when necessary to protect buildings and the nests to be removed contain no eggs or chicks and are no longer being used by birds for feeding,” one Vermont statute reads.

Ravens in particular are shielded by the federal Migratory Bird Treaty Act, said Joshua Morse, a spokesperson for the Vermont Fish and Wildlife Department.

“Under this law, it is illegal to kill or move protected species without a permit from the U.S. Fish & Wildlife Service,” Morse told the Free Press by email.

Clausen noticed the nest well after last year’s summer concerts concluded at The Old Stage. “Once I saw that there were eggs in it,” he said, “there wasn’t much I could do.”

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Clausen said state wildlife representatives told him the Essex Experience could either let the birds stay until they flew off — then wait a week to make sure they were gone — or pursue euthanizing the entire nest because of its impact on business.

“That made it a pretty easy call for us. We’re not going to do that,” Clausen said. “It would be so anti-everything that we stand for and what Peter stands for and Vermont stands for. If we can save the ravens, we’re going to do that.”

No one wanted to kill birds, Millette said, just so he and his band could cover “She Thinks My Tractor’s Sexy.”

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Critters chewed through wiring

A May 21 visit to The Old Stage turned up a couple of ravens monitoring the action as well as twigs and several square feet of bird droppings atop the stage. Wires were dangling from the rafters of the barn-like structure.

“The ravens have chewed through a bunch of wiring,” Millette said. “There’s excrement everywhere.”

Ravens are territorial, he noted, so getting near the nest is risky.

He wonders if the big birds have it in for him, maybe because of his familial fear of feathered fauna.

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“I feel like it’s a personal attack,” Millette said. “They wouldn’t have built a nest for a Ryan Sweezey show.”

If you go

Upcoming concerts on The Old Stage at the Essex Experience (at 7 p.m. unless noted otherwise) include:

  • Friday, June 12, StevieMac: A Fleetwood Mac and Stevie Nicks Experience. $30.
  • Saturday, June 20, an evening with Quadra. $20.
  • 5 p.m. Wednesday, July 1, the Lara Cwass Band. Free.
  • 5 p.m. Wednesday, July 8, The Grift. Free.
  • Friday, July 10, Spafford. $25.
  • 5 p.m. Wednesday, July 15, the All Night Boogie Band. Free.
  • Friday, July 17, the Grippo Funk Band featuring Jennifer Hartswick. $20.
  • 5 p.m. Wednesday, July 22, Soul Porpoise featuring Dave Grippo and Geoff Kim with The Project. Free.
  • Saturday, July 25, The Samples with Arty LaVigne & Friends. $25.
  • 6 p.m. Sunday, Aug. 2, Keller Williams’ Grateful Grass with Pappy Biondo of Cabinet. $35.
  • Friday, Aug. 14, G. Love & Special Sauce with Dizzyisdead. $35-$135.
  • Friday, Sept. 25, Troy Millette & the Fire Below play ‘90s country. $20.
  • doubleevt.com

Contact Brent Hallenbeck at bhallenbeck@burlingtonfreepress.com.



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Second Vermont man this year dies in Mississippi prison – VTDigger

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Second Vermont man this year dies in Mississippi prison – VTDigger


Tallahatchie County Correctional Facility, run by CoreCivic. Photo by Alan Keays/VTDigger

A second Vermont man this year has died in a Mississippi prison. 

Shawn Sears, 56, of Whiting, was found unresponsive in his cell Wednesday morning before medical staff attempted to give him emergency treatment, according to a press release from the Vermont Department of Corrections. 

“Mr. Sears was subsequently pronounced deceased,” the release said. 

Sears’ death comes as he was in the process of suing the Corrections Department for allegedly denying him access to prison programs. Those programs include taking high school classes and participating in restorative justice processes, which are often focused on rehabilitating both victims and offenders. 

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Sears had been in prison since 2019 for crimes he committed in Vermont, the release said. He was one of 147 men that Vermont pays a private contractor to imprison at Tallahatchie County Correctional Facility in Mississippi. 

The Missisppi prison is run by one of the largest for-profit prison companies in the country, CoreCivic, which Vermont contracts with to help mitigate overcrowding in Vermont’s in-state prisons. The facility holds more than 2,500 inmates — which is about six times the size of Vermont’s largest prison — and is more than a 1,300-mile drive from Burlington. 

Sears filed a civil lawsuit against the Corrections Department in September 2025, alleging that he had improperly been denied programming while in prison, according to court records. Court records show that Sears disputed being subject to an internal department policy that allows the department to hold incarcerated people past their minimum sentences if the department deems them to be a danger to themselves or others. 

In Sears’ initial court filing, which he wrote himself, Sears alleged the department violated state law and its own directives by determining he was subject to their risk containment policy. Sears wrote in the filing that his status as “risk contained” denied him access to programming in prison that could have lowered his chance of recidivism. 

Haley Sommer, a spokesperson for the department, declined to comment on the legal case. 

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According to a Department of Corrections’ database, Sears had a minimum release date of April 27, 2021, and a maximum release date of Feb. 21, 2055. A minimum release date is the earliest a person is eligible for parole, and their maximum release date is the end of their sentence, according to the Vermont Parole Board. 

Since Sears filed the lawsuit in court, the Vermont Prisoners’ Rights Office had represented his case. Court calendars show he was scheduled to appear in Orleans County Superior civil court in June. His court case appears to have been dismissed Thursday. 

Sears is at least the fifth person to die in the custody of the Vermont Department of Corrections this year, according to the department’s press statements. 

Nine people died in the custody of the department in 2025, Sommer previously told VTDigger. The department’s investigative unit will review Sears’ death, per department protocol, according to the release.





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Events in Burlington and beyond for your Memorial Day weekend

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Events in Burlington and beyond for your Memorial Day weekend


This week includes what for many is a long Memorial Day weekend, which means you might have even more time than usual to go out and enjoy Vermont’s arts and entertainment scene.

The next week offers up a multitude of options, including a big band at Higher Ground, a wunderkind Burlington guitarist at Foam Brewers, an opera in an opera house (makes sense) and a Texas musical legend finding himself on stage in central Vermont.

Toss in an art exhibit from a Burlington architect and the sounds of France in a cocktail lounge and you’ve got a recipe for a full weekend, and then some.

Bread and Butter and Heather Maloney

7 p.m. Thursday, May 21, Massachusetts-based singer-songwriter Heather Maloney takes part in the Silo Sessions series in the barn at Bread and Butter Farm, Shelburne. $17-$20 in advance, $19-$22 day of show. breadandbutterfarm.com

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Big band in smaller room at Higher Ground

7:30 p.m. Friday, May 22, the Vermont-based Joe’s Big Band squeezes into the Higher Ground Showcase Lounge, South Burlington. $20. highergroundmusic.com

Vendredi soir avec Deja-Nous

8 p.m. Friday, May 22, Vermont-based purveyors of French and American music Deja-Nous play chansons at the Venetian Cocktail & Soda Lounge, Burlington. Free. venetiansodalounge.com

Lara Cwass brews up guitar magic

9 p.m. Friday, May 22, Burlington guitarist Lara Cwass performs at Foam Brewers, Burlington. Free. foambrewers.com

An operatic take on Cinderella

7 p.m. Saturday, May 23, Rossini’s opera based on the story of Cinderella, “La Cenerentola,” takes the stage in a presentation by Opera Vermont, Barre Opera House. $10-$60. barreoperahouse.org

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Take a trip to Saturn

7:30 p.m. Saturday, May 23, the sprawling Vermont-based space-rock and jazz outfit Saturn People’s Sound Collective joins MINC on stage in the Haybarn Theatre on The Creative Campus at Goddard, Plainfield. $17-$27. thecreativecampus.org

A night for the Yawns at Radio Bean

7:30 p.m. Sunday, May 24, Brooklyn indie-folk band John Andrews & the Yawns, plus opener vega, play Radio Bean, Burlington. $15. radiobean.com

Burlington architect displays his art

5:30-7 p.m. Tuesday, May 26, Burlington architect Tom Cullins is also an artist, and a reception opens the exhibition through Aug. 8 of his show “Abstractions,” Jackson Gallery, Town Hall Theater, Middlebury. Free. townhalltheater.org/jackson-gallery

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A Texas legend in Rutland

7 p.m. Tuesday, May 26, legendary Texas musician Robert Earl Keen and his band, with Coleman Jennings, play the Paramount Theatre, Rutland. $40-$100. paramountvt.org

Radio Bean serves ‘Caterpillar Soup’

8 p.m. Wednesday, May 27, Vermont-based playwright Gina Stevenson performs the play “Caterpillar Soup,” a fundraiser for Burlington-based artists collective The Furnace, at Radio Bean in Burlington. $10 in advance, $15 day of show. radiobean.com

Contact Brent Hallenbeck at bhallenbeck@burlingtonfreepress.com.



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