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Unsealed documents detail how authorities justified the raid of a Kansas newspaper | CNN

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Unsealed documents detail how authorities justified the raid of a Kansas newspaper | CNN




CNN
 — 

Newly unsealed court records provide insight into how law enforcement justified a highly unusual raid of the office of a Marion, Kansas, newspaper – a decision that has drawn widespread condemnation from news organizations and press freedom advocates.

The Marion County Sheriff’s office said it was investigating “identity theft” and “unlawful acts concerning computers” when it searched the offices of the Marion County Record, the home of the paper’s publisher Eric Meyer and the home of a local city councilwoman – seizing computers, cell phones and other materials, according to unsealed search warrant affidavits.

In unredacted affidavits obtained by CNN, Marion Police Chief Gideon Cody suggested the raids were based on the belief that reporter Phyllis Zorn unlawfully obtained the driving records of local restaurant owner Kari Newell before the paper published a story about her.

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But less than a week after the raids, Marion County top prosecutor Joel Ensey withdrew the search warrants and asked authorities to return the seized materials, saying “insufficient evidence exists to establish a legally sufficient nexus between this alleged crime and the places searched and the items seized.”

The driving records were first sent to Zorn by a woman named Pam Maag, who confirmed to CNN that she sent the documents, which she received from Kari Newell’s estranged husband, Ryan Newell.

Though the affidavit does not describe the contents of the records, interviews with Maag and the husband and a story published by the Marion County Record on August 9 suggest it showed Kari Newell drove without a valid license after receiving a citation for driving under the influence in 2008 while she was seeking a liquor license for her restaurant.

Meyer told CNN that Zorn downloaded Newell’s record to verify information she had received from a source. CNN has reached out to Zorn for comment but has not heard back.

Cody wrote that an investigation found Zorn downloaded Newell’s personal records from the Kansas Department of Revenue website – three minutes before someone using the name “Kari Newell” downloaded the records, according to the documents. Newell, however, told Cody she had not downloaded the information or authorized anyone else to do so, he wrote.

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“Downloading the document involved either impersonating the victim or lying about the reasons why the record was being sought,” Cody wrote.

The sheriff provided a list of permitted types of records requests – appearing to be from the Department of Revenue website – which does not provide an option for journalists to request records.

“It is not a crime in America to be a reporter,” said Bernie Rhodes, the newspaper’s lawyer. “These affidavits prove that the only so-called ‘crime’ Chief Cody was investigating was being a reporter.”

Rhodes denied the threat against Newell and said the paper initially did not publish information about Newell’s driving record, concerned the paper was being used “as a pawn in a contentious divorce.” The paper later published a story mentioning the record after Newell accused it of illegally obtaining the record.

Newell told CNN she has previously received a DUI and entered a diversion program. When CNN spoke with her last week, she insisted she had a valid driver’s license and wasn’t prohibited from obtaining a liquor license because of the DUI. She has not yet responded to an inquiry about whether she drove without a valid license after the infraction.

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The raid of the newspaper’s office was widely criticized as a major infringement on the Marion County Record’s First Amendment rights. Typically, law enforcement serves journalists with a subpoena when investigating a crime.

Rhodes and Meyer have said they are considering a lawsuit against the city.

Brian Bina, one of two Marion City Attorneys, told CNN the possibility of a lawsuit prompted them to hire a private law firm, McDonald Tinker, to conduct an investigation.

Bina could not say when or if the results of an internal investigation will be made public.

Jennifer Hill, a McDonald Tinker attorney working on the case, declined to provide details of the investigation.

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Kansas

Good group of recruits expected for first junior day

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Good group of recruits expected for first junior day


The Kansas coaching staff is assembling a strong junior day group of visitors for Saturday. It starts with committed players like James Dunnigan Jr., Jaylen Mason and Hunter Higgins. Three of the top local players in the state will be there and will help recruit.

The junior day gives several players a chance to be around the staff again for those who have made several visits to KU.

Ottawa wide receiver Nate Sims has been on campus several times and attended two games at Arrowhead last season.

“I love to get on campus and talk with the coaches and build strong connections,” Sims said. “The more I visit the better I get to know the coaches and build a good relationship with them.”

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Sims said he was looking forward to watching the basketball game against Kansas State and talk with the other recruits.

Kaden Snyder is in the same position as Sims. Both are local recruits who have been on multiple visits and games to Kansas. This will be Snyder’s seventh trip for an unofficial visit.

“I know the coaches pretty well I’ve been around a lot,” Snyder said. “They are great and they care a lot about the program and the players in it. I am not looking for anything specific just talk more and more.”

Snyder said he has been planning to attend the junior day along with his friend Ian Premer. He said the two talked about going to the event together. Premer, from Great Bend, is one of the top tight end prospects in the country and rated the top recruit in Kansas.

There are going to be players from outside the area as well. Owen Linder, an offensive lineman from Minnesota will be making a return visit to the area. He camped at KU last summer and attended a game last season.

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“I love getting the chance to back to KU whenever I can,” Linder said. “Going on these visits now, I know the most important thing for me and my family is getting to know the staff and coaches better and these visits help with doing this.”

He said it gives him and his family a chance to ask questions and get to know the staff. It also helps build a relationship with Daryl Agpalsa, the Jayhawks offensive line coach.

“It’s been great getting to know Coach A,” Linder said. “He’s just a great guy that always makes me laugh. Also has given me great advice when I needed it since I’ve know him. It’s been a privilege to get to know him for sure.”

There is an impressive group of visitors expected to visit on Saturday. The confirmed list of players has reached into the double-digits. To see the latest updated list, visit our Junior Day Recruiting Thread.



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How do Kansas ranchers keep livestock warm in cold weather?

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How do Kansas ranchers keep livestock warm in cold weather?


TOPEKA (KSNT) — With the temperatures expected to drop over the weekend, it can be a very tough time for ranchers keeping their livestock warm. 27 News spoke with the Kansas Livestock Association about what precautions ranchers take with their livestock. The organization says food and water are two of the most important things animals have […]



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Kansas Republicans ask state agencies what they would drop if budget is cut 7.5%

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Kansas Republicans ask state agencies what they would drop if budget is cut 7.5%


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Kansas Republicans are asking agencies to report on what they would cut if they had to reduce their budgets by 7.5% in the upcoming fiscal year.

The Kansas House Appropriations Committee reported that it would distribute the request to state agencies at its meeting on Wednesday. The request comes after the committee submitted its own budget for the first time in decades, rather than tweaking the budget provided by the governor.

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“It’s an opportunity for any agency or any department to set their priorities and say, here are some things that, if we needed to make reductions, this is where we would like to see those reductions,” said Rep. Kristy Williams, R-Augusta, and the committee vice chair.

The request isn’t uncommon in budgeting processes, and Gov. Laura Kelly made the same ask from state agencies in 2020 when the COVID-19 pandemic caused a bleak revenue forecast. Budget director Adam Proffitt said Thursday that when it has been done in the past, agencies are typically given more time to decide where they would make cuts than they would with Wednesday’s request.

“We send the guidance out in usually June, when budget instructions go out, and we give agencies about three months to work through the process to more accurately and strategically identify where the supports might come from,” Proffitt said. “The exercise itself is not a bad exercise. It just needs to be done appropriately and strategically.”

Profitt said when reducing a budget, you want to use a scalpel and not a sledgehammer because some government programs leverage federal dollars that may be jeopardized if cut too deep.

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“You want to make sure that you’re maybe not touching headcount or critical programs. It just takes a lot of time to work through these,” he said.

Not about new tax cuts

Kansas Republicans said the 7.5% isn’t necessarily to make space for tax cuts this session, but rather from a sense the government is wasting money after forming its own budgeting process.

“We’ve been able to see some areas where we really have a lot of work to do. And we also think there’s areas where maybe money is not being spent appropriately,” House Speaker Dan Hawkins, R-Wichita, told reporters.

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Senate President Ty Masterson, R-Andover, added that it’s important to cut after years of COVID-era stimulus starts to phase out of the state’s budget.

“It’s more about avoiding the cliff. You’re seeing all that massive amount of stimulus money that was in our system start to fade away,” Masterson said. “We ballooned to the cost of the administrative part of our government incredibly high. I mean, just under Laura, I think it’s up 60% on the executive side.”

What’s not facing a 7.5% cut?

There are some exceptions to the reduced resource proposal. The Legislature is only asking for the projection from agencies that are paid for by the State General Fund.

Dylan Dear, a fiscal analyst with the Kansas Legislative Research Department, said the State General Fund accounts for about half of the state’s all-fund budget. In fiscal year 2026, the request is $12 billion to the state general fund and a $24 billion all-fund budget.

That means certain state agencies that fund themselves through fees like the state’s highway fund will go untouched. There is also an exception for the state’s per-pupil funding it provides to school districts.

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The 7.5% reduction doesn’t factor in any additional asks any agency might have for the year, which the Legislature can elect to reject or only grant a portion of. It also exempts debt service from the reduction because it’s a contractually required expenditure that can’t be reduced.



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