Alaska
Ex-Alaska Judge Texted With Prosecutor About Ongoing Trial (1)
Ex-Alaska federal judge Joshua Kindred texted with a federal prosecutor about an ongoing criminal trial where he was presiding and she attended, defense lawyers said in a new federal appeals court filing.
Kindred’s sexualized relationship with that assistant US attorney who previously served as his clerk helped prompt his resignation in July, and defense attorneys are citing the newly disclosed texts as part of an effort to get the defendant a new trial.
That clerk-turned-prosecutor attended an October 2022 criminal trial over which Kindred presided, and “communicated with Kindred via text during the pendency of the trial” in messages that contained “case-related commentary,” the Alaska federal defenders office said in filings Wednesday at the US Court of Appeals for the Ninth Circuit. The defendant, Jessica Spayd, was found guilty of drug distribution offenses and sentenced to 30 years in prison.
The government told defense counsel that it obtained the texts after the trial, but before the defendant was sentenced in June 2023, according to the declaration, signed by Michael Marks of the Alaska federal defenders and filed alongside a motion to pause his client’s appeal while Spayd seeks a new trial.
“U.S. Attorney’s Office management indisputably knew of the conflicts shortly after the verdict,” the motion said. However, the government did not inform defense counsel or the trial prosecutors until nearly two years after the conviction, according to the filings.
Alaska US Attorney Lane Tucker and her top deputy, Kathryn Vogel, “allowed the trial prosecutors to go to sentencing without any knowledge of Kindred’s conflict of interest or the text messages” he exchanged with his former clerk-toward-prosecutor during the trial, the motion said.
“For his part, Kindred never revealed any conflict of interest to Ms. Spayd before he sentenced her to 30 years in prison,” the motion said.
A spokesperson for the Alaska US attorney’s office and a representative for the former clerk didn’t respond to requests for comment.
The exchange of text messages between Kindred and a prosecutor regarding an ongoing criminal case hasn’t previously been reported.
Prosecutors disclosed the text messages to defense counsel in August, according to the public defenders’ motion. The government has also provided two batches of text messages between Kindred and his former clerk, which were shared under a protective order.
Case conflicts
Spayd’s case is one of several where lawyers have indicated plans to request a new trial in light of potential conflicts of interest stemming from Kindred’s misconduct.
The Ninth Circuit Judicial Council found that the former judge sexually harassed his clerk, created a hostile work environment for other employees, had inappropriate relationships with lawyers who appeared before him, and lied about his conduct to investigators.
The US attorney’s office has said it learned of these conflicts in fall of 2022 and referred the allegations to the Ninth Circuit to investigate.
Last month, a federal judge ordered a new trial for an Alaska man convicted of cyberstalking in Kindred’s courtroom, on judicial misconduct grounds. That new trial was granted because of the involvement in the case of a senior prosecutor, later identified by Bloomberg Law as Karen Vandergaw, who was found to have sent nude photos to Kindred.
The case is USA v. Jessica Spayd, 9th Cir., No. 23-1303, 10/9/24
Alaska
Alaska Airlines Adds New Routes from Anchorage and Portland
Alaska
Alaska’s congressional delegation reacts to Biden’s planned ban on offshore drilling
ANCHORAGE, Alaska (KTUU) – Alaska’s congressional delegation is responding on Monday — some members more vocally than others — to the White House’s announcement that President Joe Biden will ban new offshore oil and gas drilling along most of the U.S. coastline.
This order will protect approximately 625 million acres of ocean along America’s Atlantic and Pacific coasts, the Gulf of Mexico, and Alaska’s Bering Sea, citing environmental risks as one of the main reasons for the decision.
In a statement, President Biden, whose term expires in two weeks, said he is using authority under the federal Outer Continental Shelf Lands Act, which gives the president power to withdraw unleased lands from the outer continental shelf indefinitely.
Furthermore, he said that during his term, his administration has conserved more than 670 million acres of America’s lands and waters —more than any other president in history.
“Our country’s remarkable conservation and restoration progress has been locally led by Tribes, farmers and ranchers, fishermen, small businesses, and outdoor recreation enthusiasts across the country. Together, our ‘America the Beautiful’ initiative put the United States on track to meet my ambitious goal to conserve at least 30 percent of our Nation’s lands and waters by 2030,” President Biden said in a statement.
Reacting to the news on social media, newly sworn-in Rep. Nick Begich, R-Alaska, hit the ground running, calling the President a “son of a bitch” in a social media post on “X”.
Begich continued in the post saying, “Events like this should serve as a constant reminder that the Democratic machine is more than willing to sacrifice us all for their sanctimonious, socialist-driven climate science.”
Speaking to Alaska’s News Source on Monday, Begich said sometimes, in Congress, you have to “shout to be heard.”
“I’m sorry that we had to say what we did, but I’m not sorry that we did it, and I will continue to be a strong voice for Alaska while I’m in Congress,” Begich said.
The Biden Administration stated that the withdrawal will safeguard 44 million acres of the Northern Bering Sea, located in far northwest Alaska. The Alaskan congressional delegation has previously opposed proposals to permit oil and gas leasing and drilling in this region.
Opposing what he describes as a last-minute move by the Biden Administration, Sen. Dan Sullivan, R-Alaska, stated on Monday that he has never advocated for resource development in the Bering Sea area, as there is limited resource potential in that region.
Sullivan’s frustration lies in the unilateral process that the Biden Administration aims to use to make such a broad, sweeping move. Furthermore, Sullivan says the administration did not consult Alaska’s congressional delegation before announcing it.
“We’ve had 68 executive orders and executive actions singularly focused on Alaska by the Biden-Harris Administration. They did not consult with us on probably even one of them,” Sullivan said. “It’s no exaggeration to say this administration has sanctioned Alaskans and our energy industry more than he sanctioned the terrorist regimes in Iran and Venezuela.”
Sen. Lisa Murkowski, R-Alaska, echoed Sullivan in a statement released Monday saying she understands the Biden Administration is trying to establish its “environmental legacy” before leaving office, but she believes the “11th-hour” move is the wrong approach.
She went on to say she agrees not all offshore areas need to be available for development and understands the desire of Alaska Tribes in the region to prevent any oil and gas development in nearby waters.
Her frustrations, like Sullivan’s, are broader.
“Cook Inlet is a good example: instead of working with Alaskans to prevent looming energy shortages in Southcentral, the administration has actively worked against our ability to produce more natural gas from that basin. What we have faced over the past four years is an unbalanced policy that has left us on the verge of importing LNG,” Murkowski said.
Speaking to the Biden Administration’s concerns about man-made catastrophes, such as the Deepwater Horizon oil spill that took the lives of eleven people and released millions of barrels of oil into the Gulf of Mexico, Begich acknowledged that the fishing industry is vital to Alaska.
However, he emphasized the importance of examining Alaska’s track record concerning these issues.
“We have the highest environmental standards in Alaska, as of any jurisdiction in the world. When you shut down areas like Alaska, you’re just pushing that work to a jurisdiction with lower environmental standards and a worse record,” Begich said.
When asked about what Alaska’s congressional delegation is doing in light of a new administration that touts the unleashing of Alaska’s national resource potential, Sullivan said he has a meeting scheduled with North Dakota Governor (Doug) Burgum on Tuesday. Burgum has been nominated by President-elect Trump as the new Secretary of the Interior and as the chairman of the newly formed National Energy Council.
“What we’re working on with them is to look at ways in which we can reverse many of these executive orders, either through a Trump Administration executive order or through legislation,” Sullivan said.
He stated the delegation is examining what is known as budget reconciliation provisions.
“We’re going to try and get passed in the law that focus on unleashing American energy. And when you unleash American energy, you have to unleash Alaska,” Sullivan said.
Begich added that unraveling the Biden Administration’s latest order using provisions under the Outer Continental Shelf Lands Act could be difficult and may require an act of Congress.
“The Act that President Biden has invoked has some very specific language that may be challenging to repeal when President Trump takes office,” Begich said.
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Alaska
Alaska’s snow crab season is back after 2-year pause, but battered industry faces uncertainty
For two years in a row, the Alaska Department of Fish and Game canceled the snow crab season in the Bering Sea after biologists discovered an estimated 10 billion crabs had mysteriously disappeared — a 90% plunge in the population.
Now, fishermen are once again allowed to catch snow crabs — but they’re facing uncertainty as the species has only rebounded to a small fraction of what it once was. Meanwhile, some are still dealing with the consequences of the two-year pause.
“It’s been extremely difficult,” said commercial fisherman Gabriel Prout, who’s based on Kodiak Island. “There’s not a lot you can do. These boats are specifically designed to go out and catch crab, so we’re over $4 million in debt.”
Biologists blamed the rapid decline of snow crab on a 2018 climate-fueled heatwave. This “warming event” was initially thought of as a rare “lightning strike,” explained research biologist Ben Daly, but the “concern moving forward is that the predictions are suggesting higher frequency of lightning strikes in the future.”
Daly is now developing tracking devices to monitor snow crabs and identify healthy populations for sustainable harvesting.
“It helps us understand their movement patterns in response to environmental changes,” Daly said.
And it’s not just snow crabs that have been affected by warming waters. Other Alaskan species, like Pacific cod, king salmon and pollock have also experienced population decline. Between 2022 and 2023, Alaska’s seafood industry suffered a nearly $2 billion loss, according to NOAA.
That industry extends to fish markets and dinner tables thousands of miles from Alaska. In some places, prices of Alaskan seafood have shot up nearly 60% in just a few years, according to Expana, which monitors pricing across the seafood industry.
“What the customer has to be aware of, more of what you’ll be eating will be imported, more of what you’ll be eating will be less regulated, more of what you’ll be eating will be caught with destructive fishing gear,” said Kenny Belov, who owns a seafood company and restaurant in California’s Bay Area.
In Kodiak, commercial fishing pots have returned to the water this season after officials lifted the two-year ban. The moratorium helped populations, but the quota will only be about a tenth of what it was three seasons ago.
“It’s hard to even consider a plan B when fishing is in my blood. I’m a third-generation fisherman,” Prout said.
For now, it’s a modest lifeline for fishermen who find themselves drifting deeper into the unknown.
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