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Alaska Judge’s Sex Scandal Brings Scrutiny to US Attorney Tucker

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Alaska Judge’s Sex Scandal Brings Scrutiny to US Attorney Tucker


The sexual misconduct findings that toppled a federal judge in Alaska will prompt fresh scrutiny of the Biden-appointed US attorney there, according to two of her predecessors in the post and lawyers experienced in similar inquiries.

S. Lane Tucker, the Anchorage-based US attorney since 2022, wasn’t mentioned by name in a judicial panel’s July report that concluded Judge Joshua Kindred had inappropriately sexualized relationships with two Alaska prosecutors, forcing him to resign.

But defense lawyers are preparing to challenge dozens of cases involving Kindred and those prosecutors. Tucker also faces separate complaints to investigative agencies that raise questions about how the office leadership responded to the allegations.

In one, to the independent US Office of Special Counsel, Kindred’s former law clerk claims Tucker and other top managers retaliated against her after she reported the judge’s behavior to them. In the other, public defenders asked the Justice Department’s inspector general to investigate alleged ethical breaches at the prosecutors’ office.

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The IG has referred that complaint to Justice’s Office of Professional Responsibility, which reviews attorney misconduct allegations, according to an Aug. 2 letter obtained by Bloomberg Law.

Robert Bundy and Karen Loeffler, Alaska’s US attorneys during the last two Democratic administrations, expect OPR to probe the office, which they said would inevitably include an examination of what Tucker knew, when she knew it, and how she responded.

“It goes to what the US attorney was doing to ensure that her office was following the appropriate rules of professional responsibility and the obligations in the Justice Manual,” Bundy said. 

Spokespersons from both investigative agencies declined to comment or acknowledge their inquiries.

A spokeswoman for the Alaska US attorney’s office declined a request to interview Tucker and declined to comment in response to a detailed list of questions.

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Xochitl Hinojosa, the Justice Department’s chief spokesperson, also declined to comment for this story.

Kindred’s resignation capped an 18-month inquiry in which the Ninth Circuit judicial panel found he created a hostile work environment, sexually harassed his clerk, and received nude photos from a senior Alaska federal prosecutor.

Both the US attorney’s office and federal public defenders launched internal reviews after he stepped down to identify cases where the judge or the prosecutors failed to disclose or act on obvious conflicts. Prosecutors disclosed at least 43 cases so far, and defense lawyers, poring over past cases, say they’re preparing to seek relief in many more.

That raises the prospect that leadership in the US attorney’s office missed or ignored red flags and now could be forced to reopen dozens of closed cases.

“There obviously was nobody steering the ship,” said Rich Curtner, the longtime former chief federal defender in Alaska, who retired in 2020.

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‘Prompt Response’

In a staff-wide July 12 email obtained by Bloomberg Law, Tucker touted her office’s “prompt response” after the former law clerk, whom she had hired as a line prosecutor, first reported in fall 2022 that Kindred had sexually harassed her.

Tucker and her top deputy, Kathryn Vogel, quickly referred the allegations—including the claim about the other prosecutor’s nude photos—to the Ninth Circuit and OPR, according to internal administrative proceeding records viewed by Bloomberg Law.

The office has never publicly said it undertook its own internal review after learning of Kindred’s claim that the senior prosecutor, Karen Vandergaw, sent him nude photos. Tucker later promoted Vandergaw to an advisory role in September 2023.

The judicial panel substantiated that Vandergaw sent the photos and had a “flirtatious rapport” with Kindred in its July report. She was effectively demoted shortly after the report’s publication.

Tucker also initially declined to approve the former clerk’s request to be reassigned out of the district, according to the clerk’s whistleblower complaint with OSC. In a separate filing in the internal administrative proceeding, Tucker said that she viewed the former law clerk as spreading gossip by discussing the nude photos allegedly sent to the judge.

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Three legal ethics professors told Bloomberg Law that such a serious allegation should’ve compelled Tucker to initiate her own review within her office, while waiting for OPR to complete its process. 

“This is not a situation in which the US attorney should be taking a hands-off attitude,” said John Strait, a professor emeritus at Seattle University School of Law who has run ethics training for the Alaska US attorney’s office.

Of particular concern, given the potential conflicts of interest, was Tucker’s decision to elevate Vandergaw into a role with oversight of more cases during the pendency of the Ninth Circuit probe.

In response to a convicted cyberstalker’s motion for a new trial due to Kindred’s failure to recuse, prosecutors Sept. 3 argued the guilty verdict must stand because Vandergaw “played only a minor advisory role.”

Bloomberg Law’s analysis of the 43 potentially conflicted Kindred matters flagged by the US attorney’s office shows Vandergaw was involved in nearly three dozen of them. Neither Kindred nor Vandergaw have commented publicly since the judicial panel released its findings.

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Loeffler, the US attorney in Alaska from 2009 to 2017, said the public attention on Kindred’s misconduct should have turned the ethics problems into a “a nonstop daily issue” for that office’s leadership. “You have to be there every day dealing with the fallout,” she said. 

Tucker waited nearly a month after Kindred’s resignation to call an in-person, all-staff meeting to discuss it, said current and former staffers who requested anonymity to discuss internal operations.

A detached leadership style and out-of-state absences have become hallmarks of her two-year tenure, according to interviews with nine current and former employees of the office and three lawyers and law enforcement officials who have business there.

Tucker left Alaska for roughly a third of weekdays in her first year on the job, according to an analysis of travel documents obtained by Bloomberg Law. 

“That’s just unheard of,” Loeffler said.

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On July 12, four days after the public release of the judicial report about Kindred, Tucker sent a staff-wide email. “It is important for you all to know how proud I am of the ethical compass of our office and the work we do on behalf of our community,” she wrote.

Nine days later, Tucker left the state to attend the Ninth Circuit’s judicial conference in Sacramento. She had initially scheduled to spend an extra eight days of personal time in Palm Springs after the conference, the documents show. It’s unclear if she kept those plans.

Warning Letter

Tucker grew up in Sarasota, Florida, and graduated from law school at the University of Utah. She moved to Alaska in 2002 after working as a government attorney in Washington. She served as an assistant US attorney and then civil chief in the office before moving to private practice at two prominent law firms in Alaska—Perkins Coie and Stoel Rives. 

Both firms declined to comment for this article.

Cecy Graf, the former chief financial officer at Stoel Rives, said Tucker was a “force to be reckoned with” and was considered whenever there was a “major decision to be made.”

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When she was under consideration for the US attorney’s job, two former prosecutors in the office shared a letter they’d drafted for the Biden transition team with Tucker. The letter urged Alaska’s next top federal prosecutor to prioritize addressing what they characterized as the office’s pattern of discrimination complaints from women attorneys. 

They also highlighted a November 2020 decision from DOJ’s internal complaint adjudication office, reviewed by Bloomberg Law, which found “there is evidence that a discriminatory and retaliatory culture existed within the” Alaska US attorney’s office.

One of the letter’s authors, former Alaska federal prosecutor Kimberly Sayers-Fay, said Tucker never responded to her message.

Tucker was confirmed by the Senate in May 2022 to lead the office, a staff of around 50 to 60 tucked inside a tight-knit legal community. Her resume lists 15 years of Justice Department experience—all as a civil attorney, without referencing criminal cases. She discussed her inexperience in criminal law openly with staff after taking over as US attorney, employees said.

Faced with multiple veteran departures, Tucker turned to James Klugman, who had four years of federal prosecution experience, to helm the criminal division at the start of 2023.

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Tucker delegated wide-ranging authority to him, while rarely attending criminal meetings herself, said multiple people with direct knowledge of the office’s operations. Klugman was reassigned back to regular line attorney around a year later.

“It sounds like a perfect storm,” said Mark Yancey, a former US attorney who later ran DOJ’s national training academy for prosecutors. “You really need strong leadership in your criminal division.”

Yancey added that his former division, DOJ’s Executive Office for United States Attorneys, could also look into leadership’s response to the Kindred scandal.

Judicial Application

Tucker has already set her sights on her next career move: one of the district’s open judgeships. 

In a 2023 letter to Sen. Lisa Murkowski (R-Alaska) expressing interest in the vacancy, Tucker wrote: “I have developed a balanced perspective that allows me to recognize the validity of disparate viewpoints and arguments, treat all with dignity and respect, and resolve problems with fairness and efficiency.”

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The Alaska Bar Association rated Tucker as one of the four most qualified applicants for the judgeship.

Murkowski, who had previously praised President Joe Biden’s choice of Tucker for US attorney, declined to say if she also recommended Tucker as a finalist for the previous court vacancy—which is still awaiting a White House nomination. 

Both she and the state’s other Republican senator, Dan Sullivan, have called on the Justice Department to investigate the US attorney’s office in light of the scandal.



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Alaska

After school funding dispute, 4 Alaska districts move on without federally promised money

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After school funding dispute, 4 Alaska districts move on without federally promised money


Until last month, the U.S. Department of Education said Alaska underfunded four of its largest school districts by $17.5 million. As a result of a recent agreement, the schools in Anchorage, Fairbanks, Juneau and Kenai Peninsula Borough won’t directly receive any of that money.

However, two of the districts said they weren’t counting on receiving the money as they planned their current budgets, while the other districts either didn’t respond or declined to comment.

The $17.5 million is part of COVID-era pandemic funding, and until last month, how Alaska distributed that funding was at the heart of a years-long dispute between federal and state officials, and whether it was spent fairly.

The state repeatedly defended their school spending plan, while the federal government asserted the state failed to comply with guidelines and reduced spending on these districts with high-need or high-poverty areas, and withheld the sum they said was owed.

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Federal officials said the state reduced spending to the Kenai Peninsula and Anchorage school districts by up to $11.89 million in the 2021 to 2022 school year, and all four districts by $5.56 million the following year.

Kenai Superintendent Clayton Holland said the district never budgeted for this particular federal COVID funding, as they were aware of the dispute.

“Had it gone through, we would have welcomed it, as we are facing a potential deficit of $17 million for next year” and have nearly exhausted the balance of funding the district can spend without restrictions, Holland said.

Anchorage School District officials did not respond to requests for comment.

The dispute came to an end on Dec. 20,  when the federal department told the state it was releasing the funding, citing a review of the state’s one-time funding boosts in the last two budgets, and considered the matter closed.

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Alaska Education Commissioner Deena Bishop led the state’s defense effort, including appealing the penalty, and applauded the move by the federal Department of Education. She said the state always followed the state law governing school funding.

“The department said, ‘We don’t agree with your formula, you should have given these guys more.’ And we said, ‘No, no, no. Only our Legislature can make the law about our formula. That’s why we stood behind it,” she said in an interview Tuesday.

The dispute centered around what was known as a “maintenance of equity” provision of a federal COVID aid law, which banned states from dropping per-pupil spending during the pandemic. Bishop said that decreases in funding in the four districts were due to drops in enrollment, according to the state’s spending formula.

Bishop defended the formula as equitable, noting that it factors in geographic area, local tax bases, and other issues. “I just felt strongly that there’s no way that they can say that we’re inequitable, because there are third-party assessments and research that has been done that Alaska actually has one of the most equitable formulas,” she said.

“Our funding formula is a state entity. Our districts are funded according to that,” Bishop said. “And so basically, they [U.S. Department of Education] argued that the distribution of funds from the state funding formula, the state’s own money, right, nothing to do with the Feds, was inequitable.

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“So they picked these districts to say, ‘You need to give them more.’ And we’re saying, ‘No, you don’t have a right to say that. We spent your money, how you said, but only the state Legislature can say’” how to spend state money, she said.

She said the state felt confident about their spending plan for American Rescue Plan Act funding.

In addition to temporarily withholding the funding, the federal government further penalized Alaska by designating it a “high risk” grantee.

Federal and state officials went back and forth on compliance, with the state doubling down, defending their school spending. By May, the state had racked up another $1 million in frozen federal funds.

Bishop said despite the holds from the feds, they continued to award the funds to districts.

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“We felt as though we would prevail. So we never wanted to harm school districts who were appropriated those funds the way that they were supposed to,” she said. School districts followed the dispute closely.

Juneau School District’ Superintendent Frank Hauser said the district did not expect or budget for the funds.

“JSD was slated only to receive approximately $90,000 of the “maintenance of equity” funds, much less than Kenai, Fairbanks, or Anchorage,” he said in an email. “JSD will not receive that money now; however, we had not anticipated receiving it and had not included it in our budget projection.”

The Fairbanks North Star Borough School District declined to comment on the issue. A spokesperson said the district administration is awaiting clarification from the state education department.

On Monday, the administration announced a recommended consolidation plan for five elementary schools to be closed, citing a $16 million deficit for next year. A final vote on whether to close the schools is set for early February.

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Now the state is in the process of applying for reimbursements from the federal Department of Education, and expects to receive that full $17.5 million award, Bishop said. If districts have outstanding pandemic-related expenses, she said those can be submitted to the state, and will be reimbursed according to the state’s COVID-19 funding guidelines. “We’ll process that, and then we’ll go to the Feds and get that money back,” she said.

In December, Gov. Mike Dunleavy applauded the federal announcement, calling the dispute “a tremendous waste of time,” in a prepared statement. He repeated his support for President-elect Donald Trump’s calls to eliminate the U.S. Department of Education.

“On the bright side, this saga is a wonderful case study of the U.S. Department of Education’s abuse of power and serves as further evidence for why I support the concept of eliminating it,” he said.

Dunleavy linked to a social media post he made on X, which read, in part, that eliminating the department “would restore local control of education back to the states, reduce bureaucratic inefficiency and reduce cost. Long overdue.”

Sen. Löki Tobin, D-Anchorage and chair of the Senate Education Committee, pointed to the timing for the outgoing Biden administration and federal leaders’ desire to release funding to Alaska schools.

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“It’s very clear that if the presidential election had ended in a different result, we would not be having this conversation,” she said. “Instead, they would be continuing to work with the department to find a more elegant, a more clean solution.”

She said the federal letter announcing the end to the long dispute doesn’t mean the issue of equity was resolved.

“I think their letter to the Department of Education and Early Development here in Alaska was very clear that Alaska never did fully comply with the guidelines, but instead, due to a want and a fervent hope that the resources would get into the schools and into the communities that so desperately needed them, that they would choose to not pursue further compliance measures,” she said.

Last year, the Legislature passed a budget with $11.89 million included for the state to comply with the federal requirements, but that funding was vetoed by Dunleavy, who defended the state’s position, saying the “need for funds is indeterminate.”

The budget did include a one-time funding boost to all districts, but Tobin said the annual school aid debate left districts in limbo for future budget planning.

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“We can see how this has cost school districts, how it has created instability, how it has resulted in a system that is unpredictable for funding streams for our schools,” Tobin said.

Kenai Superintendent Holland expressed hope that school funding would be prioritized by elected officials this year.

“The bigger issue for us, and for all Alaskan school districts, is what our legislators and governor will decide regarding education funding in the upcoming legislative session,” Holland said.



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Alaska's population increases from 2023 to 2024

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Alaska's population increases from 2023 to 2024


The state of Alaska saw an increase in population of 0.31% from 2023 to 2024, despite more people leaving the state than entering it.
The increase is attributed to births outpacing both deaths and outward migration, according to new data from the Department of Labor and Workforce Development. Based on Census Data from 2020 and state data, the population is estimated to have increased to 741,147 people



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How Alaska highlighted a record-breaking Pan Am cyclist’s journey through the Americas

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How Alaska highlighted a record-breaking Pan Am cyclist’s journey through the Americas


While Bond Almand can’t pinpoint exactly when he found out about the Pan Am cycling challenge and the record time it’s been completed in, it was something he’s dreamed about for the past decade.

“It’s always been the pinnacle of sport for me,” he said. “A lot of people think the Tour de France is the pinnacle of cycling, but I’ve always been attracted to the longer riding and this was one of the longest routes in the world you could do, so that’s what really attracted me to it.”

The Dartmouth College junior, who grew up near Great Smoky Mountains National Park in Tennessee, set out on Aug. 31, 2024, and completed the challenge Nov. 15. Almand set a record time with more than nine days to spare. The Pan Am route goes from the most northern point in North America to the most southern point in South America and can be traversed either way.

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His desire to attempt to make history brought him all the way to the shores of Prudhoe Bay in Alaska to embark on his long-awaited journey.

“It starts in Alaska, which is somewhere I’ve always wanted to go,” Almand said. “I’d never been to Alaska before and Latin America was an allure to me too because I know a little bit of Spanish, but not that much, so that exploration aspect was an allure as well.”

His stay in the 49th state wound up being longer than he had originally planned, by an additional three days.

“When TSA searched my bike box when I was flying up, they took everything out and failed to put everything back in, so I was missing a piece to my bike when I got to Prudhoe Bay and was stuck there for a couple of days waiting for the new part to come in,” Almand said.

With plenty of time on his hands, Almand walked around town, which mostly consisted of a gravel road, and hitchhiked back and forth to meet people.

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“There’s only like, one place to eat in town, at the Aurora Hotel, so I spent a lot of time there eating at the buffet but I spent a lot of time staring at the tundra,” Almand said.

When his bike part finally arrived and he set out on his adventure, the first leg was his most memorable.

“Alaska was incredible, probably one of my favorite sections for sure,” Almand said. “It was pretty good weather. I went through Brooks Range first, which was just so beautiful. It was fall, so it was turning colors and the aspen were all bright yellow.”

He rode through a little bit of snow in the Brooks Range, enjoyed seeing wildlife and was stunned riding through the Alaska Range and gazing upon Denali.

It only took him around 4 1/2 days to bike through the state, and even though he’s seen mountains of similar and even greater magnitude, having been to the Himalayas in his previous travels, he particularly appreciated his experience in Alaska.

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“Being able to bike through the mountains instead of just flying to Nepal and seeing mountains made it really special,” Almand said. “The further south I got in Alaska got super remote, especially closer to Tok, and that was pretty incredible.”

He said that the most fun part of his journey was Alaska because that was when he was his freshest and he got to take in beautiful scenery and was fortunate enough to get good weather.

“But also Colombia was super exciting,” Almand said. “Like Alaska, there’s some really incredible mountains in Colombia and also beautiful culture and incredible food.”

The best meal he had during his travels was the tamales he ate while biking through pineapple fields in Mexico.

“It was in the middle of nowhere and there was a lady selling pineapple chicken tamales,” Almand said. “She was picking them right out of the field and cooking it right in front of me. Those tamales were so good.”

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Almand’s 75-day ride was significantly faster than the previous record of 84 days, which was held by Michael Strasser. While Almand’s mark appears to be accepted in the bikepacking world, he didn’t have it certified with Guinness. He said that was partly due to cost and partly due to their standard for certification.

“They have a lot of stipulations around the record,” he said. “They have their own measurement, one of which is you have to have witnessing signatures every single day and you have to have live tracking and all these other rules.”

As far as the most challenging portion of his journey, it came while he was traveling through Canada. He had to brave cold rain and strong headwinds, which continued when he got to the Lower 48 and through South America.

“When you’re cycling, headwind is one of the worst things you can have because it slows you down a lot,” Almand said. “From Peru until the finish, I had headwinds pretty much every single day.”

Setting smaller goals for himself along the way helped him push through, including testing both his mind and body. But the biggest motivator was the ultimate goal of achieving his dream, which was more within reach the more he persevered.

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“I’ve been dreaming the entire trip for so long that quitting was never an option,” Almand said. “Quitting would’ve been the hardest thing for me to do because I wouldn’t have been able to go home and live with myself having just walked away from it.”





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