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Trump’s criminal trial sentencing postponed | Arkansas Democrat Gazette

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Trump’s criminal trial sentencing postponed | Arkansas Democrat Gazette


In a major reprieve for former President Donald Trump, sentencing for his hush-money convictions was postponed Tuesday until at least September as the judge agreed to weigh the possible impact of a new Supreme Court ruling on presidential immunity.

Trump had been scheduled to face sentencing July 11, just before the Republicans’ nominating convention, on his New York convictions on felony charges of falsifying business records. He denies any wrongdoing.

The postponement sets the sentencing for Sept. 18 at the earliest — if it happens at all, since Trump’s lawyers are arguing that the Supreme Court ruling merits not only delaying the sentencing but tossing out his conviction.

“The impact of the Immunity Ruling is a loud and clear signal for Justice in the United States,” Trump posted on his Truth Social media site after the sentencing was delayed.

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Using all capital letters, he claimed the Supreme Court’s decision netted him “total exoneration” in this and other criminal cases he faces.

There was no immediate comment on the sentencing postponement from Manhattan prosecutors, who brought the hush-money case.

Though the Sept. 18 date is well after this month’s Republican National Convention, where Trump is set formally to accept the party’s nomination for president in this year’s race, it is far closer to Election Day, which could put the issue top-of-mind for voters just as they seriously tune in to the race. Because of absentee voting timelines in certain states, some voters may already have cast ballots before anyone knows whether the former president will have to spend time in jail or on home confinement.

The delay caps a string of political and legal wins for Trump in recent days, including the Supreme Court’s immunity ruling and a debate widely seen as a disaster for Democratic President Joe Biden.

The immunity decision all but closed the door on the possibility that Trump could face trial in his 2020 election interference case in Washington before this November’s vote. The timeline in itself is a victory for the former president, who has sought to delay his four criminal cases past the balloting.

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An appeals court recently paused a separate election interference case against Trump, in Georgia; no trial date has been set. His federal classified documents case in Florida remains bogged down by pretrial disputes that have resulted in an indefinite cancellation of the trial date.

Monday’s Supreme Court ruling granted broad immunity protections to presidents, while also restricting prosecutors from citing any official acts as evidence in trying to prove a president’s unofficial actions violated the law.

The high court held that former presidents are absolutely immune from prosecution for actions that fall within their core constitutional duties, such as interacting with the Justice Department, and at least presumptively immune for all other official acts. The justices left intact the longstanding principle that no immunity exists for purely personal acts.

It’s not clear how the decision will affect the New York hush-money case.

Its underpinnings involved allegations that a pre-presidency Trump participated in a scheme to stifle sex stories that he feared would be damaging to his 2016 campaign. But the actual charges had to do with payments made in 2017 to his then-lawyer, Michael Cohen, who had shelled out hush money on Trump’s behalf. Trump was president when he signed relevant checks to Cohen.

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Trump’s lawyers sought unsuccessfully before the trial to keep out certain evidence that they said concerned official acts, including social media posts he made as president.

Merchan said in April it would be “hard to convince me that something that he tweeted out to millions of people voluntarily cannot be used in court when it’s not being presented as a crime. It’s just being used as an act, something he did.”

When Trump vied unsuccessfully last year to get the hush-money case moved from state court to federal court, US District Judge Alvin Hellerstein rejected the former president’s claim that allegations in the hush-money indictment involved official duties.

“The evidence overwhelmingly suggests that the matter was a purely personal item of the president — a cover-up of an embarrassing event,” Hellerstein wrote last year.

Hours after Monday’s Supreme Court ruling, Trump’s attorney requested that New York Judge Juan Merchan set aside the jury’s guilty verdict and delay the sentencing to consider how the high court’s ruling could affect the hush-money case. In response, the district attorney’s office wrote that prosecutors did not oppose Trump’s request.

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“Although we believe defendant’s arguments to be without merit, we do not oppose his request for leave to file and his putative request to adjourn sentencing pending determination of his motion,” wrote Joshua Steinglass, one of the assistant district attorneys who tried the case against the former president.

Merchan wrote that he’ll rule Sept. 6, and the next date in the case would be Sept. 18, “if such is still necessary.”

In the defense filing Monday, Trump’s attorneys argued that Manhattan prosecutors had placed “highly prejudicial emphasis on official-acts evidence,” including Trump’s social media posts and witness testimony about Oval Office meetings.

Prosecutors responded that they believed those arguments were “without merit” but that they wouldn’t oppose adjourning the sentencing for two weeks as the judge considers the matter.

Trump was convicted May 30 on 34 counts of falsifying business records arising from what prosecutors said was an attempt to cover up a $130,000 hush-money payment to porn actor Stormy Daniels just before the 2016 presidential election.

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Daniels claims she had a sexual encounter with Trump in 2006 after meeting him at a celebrity golf tournament in Lake Tahoe. Trump has repeatedly denied that claim, saying at his June 27 debate with Biden: “I didn’t have sex with a porn star.”

Cohen paid Daniels and was later reimbursed by Trump, whose company logged the reimbursements as legal expenses.

Trump’s defense argued that the payments were indeed for legal work and so were correctly categorized.

Falsifying business records is punishable by up to four years behind bars. Other potential sentences include probation, a fine or a conditional discharge which would require Trump to stay out of trouble to avoid additional punishment. Trump is the first ex-president convicted of a crime.

HUSH-MONEY CASE

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While paying hush money is not inherently illegal, Manhattan District Attorney Alvin Bragg’s prosecutors accused Trump of instructing his employees to lie on company paperwork to hide the nature of the reimbursement.

The district attorney’s case framed the hush-money payment as part of a broader conspiracy by Trump and his allies to interfere in the 2016 presidential election. Prosecutors presented evidence detailing how The National Enquirer, the supermarket tabloid, played a central role in the conspiracy with its catch-and-kill strategy of buying and burying negative stories about Trump and publishing sensational and false ones about his rivals.

“After further briefing on these issues beginning on July 10, 2024, it will be manifest that the trial result cannot stand,” Trump’s lawyers wrote in their letter on Monday.

Yet the effort to set aside the conviction might be a long shot. Much of the evidence in the case concerned Trump’s conduct during the campaign and the transition after he was elected but before he was sworn in. Although he was in the White House while signing the reimbursement checks to Cohen, Bragg has argued that doing so was a personal act.

At least one federal judge has already agreed with Bragg. Before the trial, Trump tried to move the case to federal court, arguing that the evidence centered on his official acts as president. But a judge rejected that argument.

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“The evidence overwhelmingly suggests that the matter was a purely personal item of the president — a cover-up of an embarrassing event,” the judge, Alvin Hellerstein, wrote in an opinion last year. “Hush money paid to an adult film star is not related to a president’s official acts. It does not reflect in any way the color of the president’s official duties.”

Even the Supreme Court ruling on Monday appeared in some measure to discourage Trump’s effort to throw out the jury’s verdict. In a footnote, Chief Justice John Roberts wrote that a “prosecutor may point to the public record” to illustrate an argument, a provision that appeared to sweep in much of the evidence that Trump wants thrown out, including his tweets, public statements and personal financial disclosure form.

One aspect of the prosecution’s evidence that might be more vulnerable is testimony from former White House employees recounting meetings and conversations with Trump.

Prosecutors called Madeleine Westerhout, a former director of Oval Office operations, who testified about scheduling a February 2017 visit between Trump and Cohen, a meeting where Cohen says they discussed reimbursement for the hush-money payment.

Prosecutors also questioned Hope Hicks, Trump’s former spokesperson, who testified about her discussion in the White House with Trump after The Wall Street Journal reported in 2018 about the hush-money deal with Daniels.

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“Mr. Trump’s opinion was it was better to be dealing with it now, and that it would have been bad to have that story come out before the election,” Hicks recalled on the stand, testimony that Steinglass referred to during his closing argument as “devastating.”

But it’s unclear whether that conversation could constitute an official act, simply by virtue of where it occurred. And during the trial, Merchan appeared skeptical of the defense’s argument that the prosecution should not question Hicks about that conversation.

“The objection is noted,” he told Trump’s lawyer, before allowing the testimony to proceed.

Information for this article was contributed by Jake Offenhartz, Jennifer Peltz, Michael R. Sisak, Jill Colvin and Eric Tucker of The Associated Press and by Ben Protess, William K. Rashbaum, Kate Christobek and Wesley Parnell of The New York Times.

    FILE – Republican presidential candidate former President Donald Trump speaks at a campaign event at 180 Church, June 15, 2024, in Detroit. Former President Donald Trump’s sentencing in his hush money case has been postponed until Sept. 18. (AP Photo/Carlos Osorio, File)
 
 
  photo  FILE – Republican presidential candidate former President Donald Trump enters at a campaign event, June 18, 2024, in Racine, Wis. Former President Donald Trump’s sentencing in his hush money case has been postponed until Sept. 18. (AP Photo/Jeffrey Phelps, File)
 
 
  photo  FILE – Manhattan District Attorney Alvin Bragg speaks to the media after a jury found former President Donald Trump guilty on 34 felony counts of falsifying business records, May 30, 2024, in New York. Bragg won’t oppose delaying former President Donald Trump’s sentencing in his hush money case after the Supreme Court immunity ruling. (AP Photo/Seth Wenig, File)
 
 



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Arkansas

Awash in Christmas’ glow | Arkansas Democrat Gazette

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Awash in Christmas’ glow | Arkansas Democrat Gazette


Editor’s note: This is a revised and updated version of a column first appearing Christmas Eve 2015.

On a Saturday morning that spring, I sat alone, having breakfast at Leo’s in Hillcrest. A text came in from Gwen Moritz, then editor of Arkansas Business and regular estate-scale scavenger.

She said she was at that moment looking quite possibly at the very item I’d written longingly about in a Christmas column.

She was at an estate sale at a house maybe five blocks away. I hurried over and went upstairs.

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Indeed, she’d found it, or, more precisely, one very much like it.

There was a brief discussion of estate-sale strategy. You could take a chance that the item wouldn’t sell, in which case you could get it for less on Sunday afternoon.

I took no chance. Full price. Right now. Into my Jeep. Then into the attic, until it was time.

And now it is time.

If all goes according to recent tradition this evening, at or about midnight, I will sit in a comfortable chair next to a deeply warming splash of Jameson whiskey.

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I will turn off all lamps, overhead lights, smartphones, laptops and television sets. I will gather the beagles Roscoe and Sophie at my feet. Shalah will be nearby, pleased to behold my rare serenity.

In the darkness, I will gaze upon, and lose myself in, the vintage 6-foot aluminum Christmas tree, circa ’65, in the corner, a wonder of glorious nostalgia and tackiness.

I will watch the slow-circling color wheel transform the shiny tinfoil of the tree to a calm deep blue and then a peaceful yellow and then a shining green and then an understated red, and back around.

I will listen for the brief grinding sound each time the wheel reintroduces blue.

I will escape to childhood, to life at 10 to 12 in that flat-topped, four-room house at the end of a graveled lane in southwest Little Rock. I will recall a tree like this one, and a permanently creaking color wheel a little bigger and better than this modern online discovery.

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I will be returned to that hardwood floor of the mid-1960s, flat on my stomach, eyes fixed, deep in my happy certainly that this exotic aluminum tree–framed by a picture window outlined in blinking lights–was surely the most magnificent among all monuments of the season.

I will remember the happiness and safety of those 1960s Christmases–of, in fact, an entire childhood.

I will be thankful for the hardworking low-income parents who provided that happy and safe childhood, and the little fundamentalist church that nurtured it, and the public school that educated it, and the community that encouraged it, and the backyard that was a field of dreams–a baseball park, a football stadium, a basketball arena, a golf course.

It was there I threw and caught the passes, even punted high and ran to make the fair catch.

It was there I provided the roar of the crowd and the play-by-play announcing and color commentary.

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I concocted a baseball card for myself, one with impressive statistics and a brief biography that included the nickname: “Fly Ball Brummett.”

My dad told me that you don’t want to hit fly balls, boy, because they get caught for outs. And I explained that fly balls sent airborne by “Fly Ball Brummett” arced like gentle bombs to distant places no outfielder could reach.

He said I was talking about line drives. I said these soar higher than that.

We’d argue that way, and more seriously, for a few more years, and then each of us would realize that the other was smarter than we had thought. Then we got along fairly well.

Cigarettes took him much too young, younger by seven years than I am now. My mom gave me his cufflinks and tie clasp that first Christmas without him. I fled the room teary, much as he’d fled the room that Sunday afternoon years before when I coaxed enough Okinawa memories out of him that he mentioned “Sarge.”

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After a half-hour of Jameson sips and color-wheel hypnosis, I will head to bed. And I will think about Mom, gone now three years, after four years in a nursing home for what they call “cognitive decline.” I will wonder if she remembered at the end, if but for a fleeting moment, that aluminum tree and color wheel of our cozy, happy little home.

It’s more likely that she remembered instead in those last years the very thing I’d spent those moments remembering–the safety and happiness of childhood, her own, which is where she spent her final days.

There are far worse places to be.


John Brummett, whose column appears regularly in the Arkansas Democrat-Gazette, is a member of the Arkansas Writers’ Hall of Fame. Email him at jbrummett@arkansasonline.com. Read his @johnbrummett feed on X, formerly Twitter.

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Applications available to catch gar | Arkansas Democrat Gazette

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Applications available to catch gar | Arkansas Democrat Gazette


Today at 7:00 p.m.

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Arkansas Game and Fish



Arkansas Game and Fish Commission biologist Chelsea Gilliland works with a 187-pound alligator gar.
(Courtesy photo/Arkansas Game and Fish)

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Anglers interested in hooking an epic-sized trophy fish can apply for a 2025 alligator gar tag through Dec. 31.

Many Arkansas anglers travel all the way to the Gulf of Mexico each year in search of trophy fish like tarpon and sailfish. Most don’t know they are passing up a similar opportunity right here in Arkansas.

While not truly a dinosaur, the alligator gar was alive during the Cretaceous period. Individual gar take decades to reach 6 feet long. They are the second largest species of freshwater fish in North America, only topped by the white sturgeon. They frequently grow longer than 7 feet and weigh more than 200 pounds. The largest fish ever caught in Arkansas was an alligator gar in the Red River that weighed 241 pounds, more than 100 pounds heavier than the state’s next largest Arkansas catch, a 116-pound blue catfish that once held a world record.

Anyone may fish for alligator gar on a catch-and-release basis with an alligator gar permit, but a trophy tag is required to keep an alligator gar longer than 36 inches.

Interested anglers can enter the free online drawing through Dec. 31 for one of 200 alligator gar trophy tags for the 2025 season. Applications are available under the “Fishing License” section of the Game and Fish online license system at https://ar-web.s3licensing.com.

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The drawing will occur Jan. 2. Applicants will be notified of the results by email.

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Approximately 18% of Arkansas’ state positions are vacant, data shows • Arkansas Advocate

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Approximately 18% of Arkansas’ state positions are vacant, data shows • Arkansas Advocate


Nearly 18% of 66,000 Arkansas executive branch and higher education jobs remained unfilled this year, according to available data.

The Arkansas Department of Veteran Affairs (ADVA) reported the highest percentage of staff vacancies in a single department, according to the Department of Transformation and Shared Services. Of the agency’s 303 total positions, nearly 59% were unfilled as of Dec. 5.

“The vast majority of our vacancies are direct care nursing positions at our two State Veterans Homes,” retired Army Maj. Gen. Kendall Penn, the department secretary, said in a statement. “However, our veteran residents are still getting exceptional care at both homes through a combination of state government-employed nurses and nurses provided by contracted staffing agencies.”

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Penn, who was appointed in January 2023, will resign from his position on Dec. 31, 2024. Gov. Sarah Huckabee Sanders on Dec. 17 named retired Air National Guard Col. Robert Ator II as Penn’s successor. 

“[Arkansas] state government continues to face a significant challenge trying to match the market rate for nursing positions, as well as additional ADVA high vacancy and low volume positions, such as those in food service and maintenance,” Penn said. “These challenged areas artificially inflate our overall department vacancy rate.”

Retired Army Maj. Gen. Kendall Penn, the state department secretary of Veteran Affairs. (Courtesy photo)

Penn said the department hopes to reduce its vacancy rate in 2025 using a combination of special compensation recruitment and retention bonuses. Penn also noted competitive salary increases may stem from Arkansas Forward — an initiative from the governor that aims to increase government efficiency — which he said could help with vacancies.

While Veteran Affairs had the highest vacancy rate among departments, the Department of Finance and Administration’s Division of Racing reported a 78% vacancy rate with 11 of its 14 positions empty as of Dec. 5.

But DFA isn’t planning to hire any additional full-time staff to the three positions it already has filled, spokesperson Scott Hardin said.

“The Racing Division’s needs are met in full each year,” Hardin said. “The Division utilizes seasonal, extra-help positions for those that work in live racing for a certain period each year. It allows the state to meet all needs throughout the live racing season. In addition, three full-time employees oversee the day-to-day operation of the division.”

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chart visualization

Higher education positions at colleges and universities are also on the state payroll. According to Arkansas Department of Education data from October, Southeast Arkansas Community College reported the highest vacancy rate at 66%. Of the school’s 365 available positions, 243 were vacant.

The University of Arkansas for Medical Sciences offers the most positions of any college or university with over 11,000 jobs. Data shows UAMS has one of the lowest vacancy rates among higher education institutions at 8.5%.

‘Arkansas Forward’

In November, Sanders announced a proposed overhaul of the state employee pay plan through the Arkansas Forward initiative, which officials have said aims to improve government efficiency.

Arkansas state employee pay plan overhaul boosts salaries for hard-to-fill jobs

The proposed pay plan would cost an estimated $120 million annually and provide pay raises to 14,539 employees. It would also add two pay table distinctions, professionals and law enforcement and safety, to an existing four classifications: general, information technology, medical professional and senior executive.

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The pay plan does not propose decreasing any available jobs, though it would consolidate roughly 2,000 job titles into approximately 800, officials said.

If approved by the Legislature, the pay plan would go into effect in July 2025.

According to a 900-page progress report on Arkansas Forward the governor’s office released on Dec. 16, the whole initiative could save the state $300 million over the next six years by implementing cost-saving measures.

The report suggests that many Arkansas cabinet-level agencies need to upgrade their salary schedules to compete in the job market.

In addition to the employee pay plan, the initiative also calls for the integration of information technology across all state agencies, a centralized state procurement process and renegotiated contracts, the sale of old state vehicles and a reduction to the government’s physical footprint by identifying cost savings in real estate.

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The report provides examples of “compensation levers,” or instances in which an employee would receive a bonus based on their performance. The report also recommends one-time annual bonuses for people who “perform above baseline,” and “spot bonuses” that are awarded outside the normal evaluation cycle to employees meeting their performance expectations.

YOU MAKE OUR WORK POSSIBLE.

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“I’ve made no secret that I believe that Arkansas’ current state employee pay plan is broken,” Sanders said at a November press conference announcing her proposed pay revamp. “It’s confusing, it doesn’t reward hard work and it’s not recruiting new hires for our most in-demand positions.”

The initiative would increase the entry-level salaries of correctional officers, social services employees and Arkansas State Police officers at double-digit percentages. Officials often describe these positions as the state’s toughest to fill.

According to data from the state Department of Transformation and Shared Services, the Department of Human Services reported 20% of its positions were vacant.

State Police reported a vacancy rate of about 10%, and spokesperson Cindy Murphy said the agency had 74 vacant officer positions on Dec. 4.

The vacancy rate across all correctional departments and agencies was nearly 30% as of Dec. 5.  Shari Gray, a spokesperson for the Department of Corrections, said 1,010 security positions — including correctional officers — were vacant.

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At the Board of Corrections’ monthly December meeting, members discussed extending shifts of most employees at Community Correction Centers from 8 hours to 12 hours. The change in shifts would both reduce the need to hire more staff and ensure that there’s enough around-the-clock supervision to allow more inmates to be moved from county jails to the state-run centers.

Statewide job openings

The roughly 12,000 vacant state jobs are a small portion of Arkansas’ total job openings. In September, the U.S. Bureau of Labor Statistics reported Arkansas had 102,000 job openings. Arkansas tied with Alaska for the nation’s highest job openings rate at 6.9%, according to the BLS. The national rate was 4.5%.

According to the most recent BLS data from October, Arkansas’ total job openings decreased to 82,000 for a rate of 5.6%. The national rate was 4.6%.

Michael Pakko (Arkansas Secretary of State)

Though Arkansas has been at the top of the rankings in recent years, Michael Pakko, chief economist at the University of Arkansas-Little Rock’s Arkansas Economic Development Institute, said the inflated rates are a nationwide phenomenon.

“On one hand, it means that we have a robust labor market where there’s plenty of opportunities for workers and job seekers,” Pakko said. “On the other hand, it probably does indicate a mismatch that we need to address in order to utilize our full potential.”

The BLS defines open jobs as full-time, part-time or seasonal positions that could start within 30 days and an employer is actively recruiting outside workers.

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The number of jobs available can also contribute to a higher quit rate because workers feel comfortable that there are other opportunities out there, Pakko said. The perception, however, puts more constraints on employers, and they may have to offer higher wages to keep staff.

Nationwide, about 1.7 million fewer people were active in the workforce this November than in February 2020, before the COVID-19 pandemic. According to a U.S. Chamber of Commerce survey of unemployed workers, about half said they are now not willing to take jobs that don’t offer remote work. One in three respondents said they were focused on gaining new skills, education or training before reentering the job market, and 17% had retired.

“As baby boomers are aging and retiring, we’re losing a lot of that cohort of workers, and then it’s a matter of offsetting that with higher participation from younger-aged groups,” Pakko said.

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