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Alito in the hot seat over trips to Alaska and Rome he accepted from groups and individuals who lobby the Supreme Court | CNN Politics

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Alito in the hot seat over trips to Alaska and Rome he accepted from groups and individuals who lobby the Supreme Court | CNN Politics




CNN
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Concerns about ethics and transparency at the Supreme Court have been reignited this week after Justice Samuel Alito acknowledged attending a luxury fishing trip on the private jet of a conservative hedge fund manager.

ProPublica detailed the 2008 trip with Paul Singer. Alito, the report said, did not report the trip or the flight he took on the private jet to Alaska on his annual financial disclosure, and also did not recuse himself from cases before the court involving Singer’s hedge fund. Alito denied any wrongdoing.

While much of the recent criticism about Supreme Court ethics and activities of justices has been leveled at Justice Clarence Thomas – for failing to disclose luxury travel and gifts from GOP megadonor Harlan Crow, a 2014 real estate deal he made with the billionaire real estate magnate, or Crow’s reported tuition payments for Thomas’ grandnephew – other justices have also come under scrutiny.

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Last July, Alito was feted in Rome by Notre Dame’s Religious Liberty Initiative, which has in recent years joined the growing ranks of conservative legal activists who are finding new favor at the Supreme Court – and forging ties with the justices. The group’s legal clinic has filed a series of “friend-of-the-court” briefs in religious liberty cases before the Supreme Court since its founding in 2020.

After the high court overturned Roe v. Wade last year, the group paid for Alito’s trip to Rome to deliver a keynote address at a gala hosted at a palace in the heart of the city. It was his first known public appearance after the decision.

At the start of his speech, he thanked the group for the “warm hospitality” it provided to him and his wife, which, he later said, included a stay at a hotel that “looks out over the Roman Forum.”

During various parts of the address, he gleefully mocked critics of his ruling overturning the constitutional right to abortion. What really “wounded” him, the conservative justice said, was when Prince Harry, the Duke of Sussex, “addressed the United Nations and seemed to compare ‘the decision whose name may not be spoken’ with the Russian attack on the Ukraine.”

Justices are often known for usually maintaining a low profile, and the court’s public information office in recent years has been less forthcoming about their public appearances. But the court’s ruling last year in the abortion case propelled the nine jurists and their rulings to new heights and fueled new questions about the justices’ behavior both on and off the bench.

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Alito joined the majority in ruling in favor of the Religious Liberty Initiative’s position in several of the cases for which it submitted briefs, including the one that reversed Roe, which he authored, and a 2022 decision that said a high school football coach had the right to pray on the 50-yard line after games.

Stephanie Barclay, the Religious Liberty Initiative’s director, confirmed to CNN that the group paid for Alito’s trip to Rome last year.

“Like the other speakers and panelists at the summit, Justice Alito’s transportation and lodging were covered and of course, he had meals provided like all attendees,” she said. “Unlike other speakers, no honorarium was given.”

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Harlan Crow denies influence over Justice Thomas

The practice of paying for justices to travel around the world to speak is not uncommon for well-funded legal advocacy groups and law schools seeking to fete one of the nine jurists, and the rules of the judiciary’s policy-making body, the Judicial Conference, allow for such entities to reimburse justices for expenses stemming from such travel.

Alito stressed in a statement to CNN that his invitation to speak in Rome was not specifically from the initiative’s clinic, which submits the briefs to the court.

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“My understanding is that Notre Dame Law School’s Religious Liberty Initiative has a number of components, only one of which is a clinic that, like the legal clinics at many other law schools, files amicus briefs in the Supreme Court,” the statement said. “I was not invited to speak in Rome by the clinic.”

The majority of the justices met a deadline in early June to release their annual financial disclosure forms, but Alito – along with Thomas – got an extension, meaning more details about Alito’s 2022 travels will likely not be seen until after the end of the current Supreme Court term.

Alito’s decision not to disclose the 2008 trip with Singer on his annual financial forms at the time or recuse himself from cases concerning the billionaire’s hedge fund, has generated new controversy for the jurist, with lawmakers saying it underscores the need for ethics reforms at the court.

Washington, UNITED STATES:  US Supreme Court nominee Samuel Alito is sworn in before the Senate Judiciary Committee for his confirmation hearing 09 January 2006 on Capitol Hill in Washington. Opposition Democrats signaled 08 January that they would use Alito's public audition before Congress to keep applying pressure on US President George W. Bush's political agenda.    AFP PHOTO/Jim WATSON  (Photo credit should read JIM WATSON/AFP via Getty Images)

Who is Justice Samuel Alito?

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There are personal connections between the Religious Liberty Initiative and the high court as well.

A few months after Justice Amy Coney Barrett was sworn in at the Supreme Court in 2020, leaving her appellate court judgeship and job as a Notre Dame law professor, she sold her private residence to a recently hired professor who was taking on a leadership position at the initiative. Accountable.us, a left-leaning non-profit group, discovered the home sale.

Neither Barrett’s real estate deal nor Alito’s appearance in Italy appear to violate any of the court’s ethics rules, according to several experts interviewed by CNN.

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“It raises a question – not so much of corruption as such, but of whether disclosures, our current system of disclosures, is adequate to the task,” said Kathleen Clark, a Washington University in St. Louis Law School professor who specializes in government ethics, of Barrett’s real estate transaction.

Accountable.us president Kyle Herrig said in a statement: “Every federal judge is bound to an ethics code requiring them to avoid behavior that so much as looks improper, except for Supreme Court justices. Chief Justice (John) Roberts has the power to change that, but so far he hasn’t shown the courage. If he fails to do his job, Congress must do theirs.”

The sale of Barrett’s South Bend, Indiana, home to Brendan Wilson, a Washington, DC, attorney who was moving to the state to work for the law school and serve on the initiative’s leadership team, for $905,000 was not required to be disclosed on annual financial forms at the court. Federal regulations exempt sales of the “personal residence of the filer and the filer’s spouse” from transactions federal judges are required to report.

The home sold in May 2021 and Wilson started at Notre Dame that August. In a news release from late 2021 announcing he and two others had joined the group, Wilson is quoted as saying, “When we were presented with the opportunity to move back to South Bend, and to work with the Religious Liberty Initiative, we both felt it was the prompting of the Holy Spirit.”

But given Wilson’s role at the initiative and the work its legal clinic is involved in, some experts said the sale is yet another reason why some rules at the Supreme Court should be changed to provide the public with a more robust understanding of connections between the justices and those involved in legal advocacy before the nation’s highest court.

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“The court, frankly, it faces a kind of legitimacy crisis because of the really dire weaknesses of its ethics,” Clark said. “It has the opportunity to address that legitimacy crisis by, you know, stepping up its ethics game – imposing on itself and then abiding by additional disclosure operations.”

At the court, even the slightest appearance of impropriety raises red flags with Democratic lawmakers and watchdog groups, some of which have lodged formal complaints against justices to the Judicial Conference for actions they deem problematic.

Barrett’s home sale to Wilson makes her the third member of the Supreme Court who has made money from property transactions with influential conservative figures or people with close connections to legal advocacy before the nation’s highest court.

Barrett did not respond to a request for comment.

After Thomas’ deal with Crow was revealed, Politico reported that Justice Neil Gorsuch sold a vacation home in 2017 he co-owned to the chief executive of a major law firm that has argued cases before the court and didn’t name the buyer in his disclosure forms.

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Charles Geyh, a law professor at Indiana University and a legal ethics expert, stressed that although Barrett’s home sale did not violate any rules, it presents a “perception problem” for a court already facing intense public scrutiny.

“It is addressed by the court being much more vigilant in guarding against perception problems created by (the justices’) financial wheelings and dealings and going the extra mile to make sure that they not only are clean, but look clean,” he said.

The initiative and lawyers associated with it have filed at least nine amicus briefs before the Supreme Court since the sale went through, urging rulings in favor of conservative positions on issues like abortion, school prayer, and coronavirus restrictions on churches.

Barclay told CNN that many people connected with the group help compile the briefs they submit to the court, but stressed that Wilson “really could not be further removed from Supreme Court litigation.”

A brief biography for Wilson on the group’s page says he is responsible “for the transactional component of the Religious Liberty Clinic.” A recent job posting from the RLI explained the clinic’s transactional component includes legal work advising religiously affiliated organizations.

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Wilson did not respond to interview requests by CNN.



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Alaska

Alaska House nears vote on big increase for public school maintenance statewide

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Alaska House nears vote on big increase for public school maintenance statewide


A key Alaska House committee has approved funding for the most school maintenance projects in several years — from new roofs to copper pipe and electrical replacements.

The finance committee advanced a $552 million construction and renovation spending plan that includes a huge increase for school maintenance. If adopted, the $63 million earmarked for major maintenance projects would be the most approved by the Legislature since 2011.

“We need everything we can get,” said Lon Garrison, executive director of the Association of Alaska School Boards. “I’m thrilled to see it got on there and I’m hopeful it remains.”

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The finance committee is usually the penultimate legislative step for the state’s annual capital budget, which funds renovation and construction projects statewide.

The Alaska Senate approved a draft of the capital budget last month, and the House Finance Committee added about $107 million to that draft under a prearranged agreement with the Senate, then voted Friday to advance the revised budget to a vote of the full House.

The $552 million agreement covers only general-purpose state spending. If fee-funded programs and federal funding are included, the capital budget exceeds $4 billion.

That figure covers spending in the next fiscal year, which starts July 1, and additions to the current fiscal year, which ends June 30.

“We think that the capital budget achieves the objectives of both the House and Senate and the governor, and it’s based on life-health-safety needs, as agreed on beforehand,” said Rep. Bryce Edgmon, I-Dillingham and the finance committee co-chair in charge of the capital budget.

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Friday’s vote by the finance committee marked a return to regular order for the House. For the past several years, the capital budget has been rolled together with the operating budget in a single document. Last year, House lawmakers voted for just the second time in state history to approve the Senate’s version of the budget rather than negotiate a compromise between a House version and Senate version.

“This is the first year out of four that we’ve actually been able to see something in our hands and try to work together,” said Rep. Mike Cronk, R-Tok and a member of the finance committee.

“You can’t fund everything. But I think it was a pretty fair effort,” he said.

The finance committee’s work is subject to approval on the House floor and by Gov. Mike Dunleavy, who may reduce or eliminate line items.

Last year, for example, lawmakers approved $30 million for projects on school maintenance list, and Dunleavy vetoed $10.4 million from that figure.

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This year, the Senate proposed spending $36.2 million on the state’s list of priority school maintenance projects, and the House Finance Committee bumped up that amount to $62.8 million, enough to fund the top 26 projects on the list.

The budget now has enough money to cover projects from the Northwest Arctic Borough to Ketchikan.

On the list is a new roof for Anchorage’s Homestead Elementary, three sites in the Southeast Alaska town of Wrangell, a new roof at Nome Beltz High School, and more.

“Most folks understand that major maintenance is imperative if we want students to be in an environment where they can actually learn. We haven’t invested in that in a meaningful way in a really long time,” Garrison said.

He called the additions a “pretty big deal” and said he’s glad things are moving in the right direction, but said the increase doesn’t cover everything that districts need.

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Altogether, the major maintenance list includes almost $332 million in asks, covering 95 separate projects.

In addition to the big addition for school maintenance, the House Finance Committee added more than $10 million in additional spending on renewable energy projects, enough to cover biomass burning in Healy, solar in Southwest Alaska, and hydroelectric projects in Southeast Alaska.

There’s $2.5 million for road projects in the Matanuska-Susitna Borough and another $2.5 million for fisheries projects in that borough. The $750,000 approved for the Iditarod Trail Sled Dog Race by the Senate was boosted to $1.4 million by the House.

No date has been set for a vote in the House, but traditionally, the capital budget is approved as one of the last items before the Legislature adjourns its regular session for the summer. The session is scheduled to end by May 15.

Senior reporter Claire Stremple contributed to this article.

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Originally published by the Alaska Beacon, an independent, nonpartisan news organization that covers Alaska state government.





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Alaska

Murkowski, Biden at odds over Alaska post-timber future

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Murkowski, Biden at odds over Alaska post-timber future


The Biden administration’s plan to help southeastern Alaska adjust to a future without old-growth logging faces a nagging political problem: It’s not enough for Republican Sen. Lisa Murkowski.

Murkowski, the state’s senior senator, is at a stalemate with the administration, pushing for more funds for the Southeast Alaska Sustainability Strategy, a $25 million effort — so far — to spark a wider range of industries in the formerly timber-dependent region.

Officials crafted the plan in 2021 as compensation for the administration’s decision to reinstate limits on timber harvesting and road construction on nearly half of the Tongass National Forest’s 16.7 million acres.

The ventures, matched with local funds and enlisting economic development and conservation groups, include commercial fishing, tourism and a smaller-scale wood products industry built on cutting trees in areas ready for a second harvest decades after their first logging. Old-growth forests are mostly left alone.

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Report: Internal emails at Alaska Permanent Fund show financial manager raising ethical concerns about fund’s vice chair

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Report: Internal emails at Alaska Permanent Fund show financial manager raising ethical concerns about fund’s vice chair


A top financial manager with the $80 billion Alaska Permanent Fund Corp. in emails raised concerns about efforts by the fund’s vice chair to set up meetings between Permanent Fund staff and business associates or companies with ties to a company she owns.

The emails were first obtained and published on the website Alaska Landmine. Landmine owner Jeff Landfield declined to say who provided the emails to him.

Marcus Frampton, the fund’s chief executive officer, asserts in the emails that Ellie Rubenstein, vice chair of the fund’s board of trustees, has conflicts that involve business associates with ties to Manna Tree Partners, her private equity firm.

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The emails were sent to Frampton’s colleagues at the fund, including the fund’s chief executive, Deven Mitchell, who replies to one email to thank Frampton for keeping him and other colleagues “in the loop.”

Frampton declined to comment for this story. Rubenstein, the co-founder and managing partner at Manna Tree, said in a statement that she follows the corporation’s ethical rules.

Frampton in the email asserts the conflicts include Rubenstein’s father, billionaire David Rubenstein, co-founder of the Carlyle Group, one of the world’s largest private equity firms. Carlyle is an external private equity manager for the Permanent Fund that handles close to $500 million in commitments for the fund. David Rubenstein is also a limited partner in Manna Tree. Ellie Rubenstein’s mother is Alice Rogoff, who purchased the Anchorage Daily News in 2014, changed its name to Alaska Dispatch News and owned the company until it filed for bankruptcy protection in 2017.

Frampton suggests in the emails that Ellie Rubenstein has worked to set up meetings between the staff and investors with whom she has financial ties, in ways that could benefit those associates or their businesses.

She apparently wants to reshape the fund’s “private credit” asset class, Frampton said in an email.

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She has also called for the firing of a Permanent Fund investment analyst her father was apparently displeased with, after the analyst met with her father, Frampton writes.

Allen Waldrop, the head of private equity investments for the fund, also sent an email providing context to say that Ellie Rubenstein coordinated directly with the investment analyst to arrange the meeting during a trip.

“This was not something we discussed in advance nor did we plan when we arranged the trip,” Waldrop said in the email.

Rubenstein said in a prepared statement this week that she follows the corporation’s rules involving ethics and disclosures. In one of the emails disclosed in the release, she told a Permanent Fund manager in “full disclosure” about her business ties to a limited partner in Manna Tree.

“Introducing and connecting Permanent Fund Staff to investment firms so that they can explore opportunities is an appropriate and valuable role and is common practice among state pension boards, endowments, and sovereign wealth funds,” Rubenstein said in the statement to the Daily News.

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“In this role, I have always followed the Permanent Fund board’s ethics rules and disclosure requirements, and I was unaware of these concerns about my service on the board,” she said.

“That someone leaked internal messages containing confidential information to the media is disturbing; it is a breach of policy and trust, and it distracts from the important work the Permanent Fund trustees and staff are doing for the state of Alaska,” she said.

The state corporation’s Board of Trustees will hold a virtual special meeting Wednesday to discuss the breach. The public can tune in. But the board may enter executive session in private because discussions about potential vulnerabilities could cause financial harm, according to an online public notice.

The Daily News requested the emails as well as text messages referred to in the emails, through a public records request. The agency is processing the request according to the law, said Paulyn Swanson, spokeswoman with the fund. “At this time, we anticipate fulfilling this request within the standard 10 business day time frame and will let you know if an extension is required,” she wrote in an email Monday.

‘Conflicts of interest’

Ellie Rubenstein has encouraged staff to engage with business associates or companies with ties to Manna Tree, Frampton asserts in his emails. But while staff members attended meetings in some cases, they took no action in response, he wrote.

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In a Jan. 16 email, Frampton wrote that a “serious” and “uncomfortable” topic involves Rubenstein’s “conflicts of interest.”

Frampton shared the writing with Mitchell as well as Sebastian Vadakumcherry, the fund’s chief risk and compliance officer.

Rubenstein has made “dozens upon dozens of investment manager referrals” in her year and a half on the Permanent Fund board, Frampton wrote.

“Many of these have been in the private credit space and my team has declined to pursue all of them,” Frampton said in the email.

The Alaska Permanent Fund’s private credit asset class was valued last year at $2.1 billion.

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Private credit often involves the issuing of loans to private companies. The loans can support private equity companies as they acquire businesses, according to the fund’s 2023 annual report.

Frampton said in the email that he gathers that Rubenstein wants to see larger investments in private credit and a change in staff who manage it.

A ‘fairly emphatic pitch’

In his Jan. 16 email, Frampton highlighted some of the specific actions by Ellie Rubenstein that he said constitute conflicts of interest.

One example involved TCW, an alternative investment management firm that is a subsidiary of the Carlyle Group, according to Frampton’s email.

Several of TCW’s senior principals are limited partners in Manna Tree, he said.

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Frampton said that Ellie Rubenstein texted him last year with a “fairly emphatic pitch” that the Permanent Fund “pursue an investment in private credit with TCW,” he wrote.

Frampton’s team reviewed the potential investment and declined to pursue it, he said in the email.

‘All good on APFC?’

In another example cited by Frampton, he said Ellie Rubenstein encouraged Alaska Permanent Fund staff to review Churchill Asset Management, a private credit firm.

The firm is run by Ken Kencel, who “personally is a client of Manna Tree,” and is a former Carlyle executive, Frampton said in his email.

Frampton’s email referenced an earlier email thread he’d received from Ellie Rubenstein in October, in which she wanted to set up a meeting between Kencel and Frampton.

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In the email to Kencel and Frampton, Rubenstein said “full disclosure” and explained that Kencel is a limited partner with a Manna Tree fund.

The thread also included an email from Ellie Rubenstein to Kencel. In the thread, she asked Kencel, “all good on APFC?”

Frampton asserted in his email that Rubenstein was essentially asking Kencel “how his efforts on soliciting money from APFC is going.”

Chris Ullman, a spokesperson for Ellie Rubenstein, said in an email, “Ellie was seeking to confirm that Mr. Kencel’s emails had been returned by the staff. This is a staff responsiveness and accountability issue, as she has noted publicly before.”

A ‘difficult interaction’

In an email on Feb. 5 to colleagues, Frampton indicates he met with Harvey Schwartz, the chief executive of Carlyle, during a trip in a meeting “indirectly arranged” by Ellie Rubenstein.

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Frampton said he told Schwartz the Permanent Fund has an “expansive and robust” relationship with Carlyle.

But Schwartz disagreed with that, and said he hopes to do more business with the Permanent Fund, Frampton said in the email.

In that email, Frampton also said he met with Ellie Rubenstein, who told him the investment analyst who did not impress her father should be fired. Ellie Rubenstein also said Tim Andreyka should not be the fund’s real estate asset investor. Frampton said he did his best to engage her in a “neutral fashion,” according to the email.

Mitchell, the fund’s chief executive, replied to say he believed that Frampton had handled “this difficult interaction as professionally as possible.”

Frampton in his Jan. 16 email wrote that Rubenstein may have conflicts that are clouding her views toward the Permanent Fund staff and operations.

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“A reasonable person might wonder if her current position is some sort of retaliation for rebuffing” investment referrals such as those involving companies like TCW or Churchill, Frampton wrote.

Board, staff reviewing ‘all relevant information’

The Alaska Executive Branch Ethics Act says public officers should conduct business in a way that avoids conflicts of interest. A public officer can’t attempt to use “an official position for personal gain, and may not intentionally secure or grant unwarranted benefits or treatment for any person,” it says.

Gov. Mike Dunleavy appointed Rubenstein to the fund’s six-member Board of Trustees in June 2022. He has appointed or reappointed all its members.

The governor can remove a public board member “only for cause,” according to state law.

The governor said in a press conference last week that the issue involving Ellie Rubenstein is a matter for the Permanent Fund board to address internally.

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Permanent Fund chair Ethan Schutt was informed about staff’s concerns with Rubenstein in late January, “due to the seriousness of the concerns raised,” said Swanson, the spokeswoman with the fund. Leadership at the fund “continued its evaluation and monitoring of the situation,” she said in a statement.

“Currently, staff and the Board of Trustees are working together to further review all relevant information in order to identify appropriate next steps,” Swanson said.

Schutt sees the staff’s concerns as legitimate, he said in an interview Thursday. He said those concerns were communicated internally through the proper channels.

He said it’s also a concern to him that the documents were somehow released to the public in an “uncontrolled” manner.

Schutt said he does not have an opinion on whether Rubenstein overstepped her bounds or is taking steps to benefit the interests of Manna Tree or her business associates.

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Before he could attempt to draw any conclusions on those questions, he would need more information about what happened, he said.

“We would have to decide as a body to have somebody undertake this exercise and we have not done that,” Schutt said.

As for the fund’s asset allocation to various asset classes, those are determined by a vote of the board, he said.

In Frampton’s Feb. 5 email, he said he’d been told by Trustee Rubenstein that he “should know that Schutt will not be reappointed by the governor when his term is up this June.”

Schutt said in the interview that he had no idea if that was the case. He said the decision rests with the governor.

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Some lawmakers in Juneau last week said in interviews that it’s inappropriate for a trustee to try to have a worker fired.

State Sen. Bill Wielechowski, D-Anchorage, said he thinks there should be hearings into the issue.

Sen. Jesse Kiehl, D-Juneau, indicated that Permanent Fund staff must be pretty concerned about Ellie Rubenstein if they’re documenting her actions.

Rep. Calvin Schrage, an Anchorage independent and the House minority leader, said he was concerned that the Permanent Fund is being politicized.

The Daily News’ Alex DeMarban reported from Anchorage, and reporters Sean Maguire and Iris Samuels contributed from Juneau.

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