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Justice

Colorado Secretary Of State Responsible For Voter Suppression Fined For Ethics Violations


Colorado’s state ethics panel has ruled that Secretary of State Scott Gessler (R) violated state ethics laws and breached public trust for his own personal gain. Gessler, best known for his failed voter purge and his crusade against largely nonresistant voter fraud, received a fine for the violations.

The Denver Post reported Thursday that Colorado’s Independent Ethics Commission found Gessler had “breached the public trust for private gain” by using public funds to pay for his trip to a Republican National Lawyers Association in Florida. The panel also found he broke state ethics laws by keeping money from his office discretionary account without submitting receipts.

Gessler released a statement attacking the impartiality of the five-member independent ethics panel. “As we said from the start, I’ve had grave concerns about this tribunal’s ability to be fair and objective. Every attempt we made to expose the truth and the facts in the case were met with resistance or rejected outright. Instead of impartial, engaged commissioners, I faced a group of my political adversaries. In fact, two commissioners have donated to my political opponents, and they both unsurprisingly ruled against me.”

As a candidate for his current job, Gessler campaigned on a promise to fight the wildly exaggerated problem of election fraud. As Colorado’s chief elections official, Gessler spearheaded a voter purge targeting thousands of alleged non-citizens on the state’s voter rolls. He was eventually forced to largely abandon this purge, however, after his efforts revealed that non-citizen voting is a virtually non-existent problem and after nearly 90 percent of registered voters he suspected to be non-citizens proved to be citizens.

Climate Progress

Black Forest Fire Now Most Destructive in Colorado History, 360 Homes Lost And No Containment

Helicopter makes a water drop on Black Forest Fire in Colorado Springs (Photo by Helen H. Richardson/The Denver Post)

At a Thursday morning press conference, officials reported that the Black Forest Fire raging near Colorado Springs is now the most destructive in state history, surpassing the Waldo Canyon Fire that ravaged the same area just one year ago.

El Paso County Sheriff Terry Maketa said the fire doubled in size Wednesday –15,000 acres are now ablaze, with 360 homes destroyed and 38,000 people currently in the evacuation area. As the dry, hot, windy conditions that have stoked the fire thus far are predicted to continue through Friday, Maketa said there is currently zero percent containment.

On the other side of Colorado Springs, the Royal Gorge Fire has destroyed an estimated 3,100 acres and 20 structures with 20 percent containment reported as of Wednesday evening. The fire is burning on both sides of the iconic Royal Gorge Bridge which spans the Arkansas River and attracts thousands of tourists to the area each year. The Royal Gorge Fire forced the evacuation of the Colorado Territorial Correctional Facility outside Canon City to other prisons on Tuesday.

As Mother Jones explains, climate change is intensifying the extreme heat, drought, and other conditions that fuel devastating wildfires. As forests become hotter and drier, and milder winters lead to an increase in infestations such as the pine bark beetle, a recent report authored by U.S. Forest Service scientists predicts that the acreage burned by wildfires will double by 2050 to about 20 million acres annually.

2012 marked the worst fire season Colorado had ever seen, as 4,167 wildfires caused record losses of $538 million.

Update

As of Friday morning, the Black Forest Fire has claimed two lives and is estimated at 15,702 acres with just five percent containment. 379 homes have been lost and the evacuation area covers more than 94,000 acres, includes 38,000 people and affects 34,000 homes. According to KDVR Denver, “The inferno is likely to continue for a couple more days as temperatures are forecast to stay in the 90s through Friday, with winds gusting up to 30 mph.”

Climate Progress

Déjà Vu Fire Season Off To A Roaring Start In Colorado

Smoke covers the Black Forest area. (Photo By Hyoung Chang/The Denver Post)

In Colorado, the fire season is starting to look ominously like a repeat of 2012 and a continuation of big fire years in the West. That matches models predicting climate change will usher in an era of massive, destructive wildfires.

On Monday, Denver set a new record for the earliest date to ever hit 100 degrees. In addition to the heat wave, high winds and low humidity have stoked a series of wildfires along the state’s heavily populated Front Range. Since erupting Tuesday, the fires have already destroyed scores of homes and forcing the evacuation of thousands of residents as federal firefighters and air tankers were rushed to the state.

The most destructive and worrisome fire broke out north of Colorado Springs, where last year the Waldo Canyon Fire — the worst in state history — consumed 346 homes and caused $353 million in damage. The Black Forest Fire broke out shortly after noon Tuesday, and had burned about 8,000 acres by this morning, damaging or destroying at least 100 homes and forcing the evacuation of about 2,500 homes and businesses, encompassing more than 7,000 people across a 24,000 acre area.

To the south, near Cañon City, the 3,800-acre Royal Gorge fire is threatening a popular tourist attraction, the Royal Gorge Bridge over the Arkansas River, and has prompted state corrections officials to evacuate about 800 prisoners from a prison facility.

Other smaller fires were burning in Rocky Mountain National Park and in southern Colorado.

Federal assets were being deployed, including a heavy air tanker based in Albuquerque, and helicopters from military bases in Colorado including Fort Carson outside of Colorado Springs.

The past decade has seen a sharp increase in the number of acres burned by wildfires. In 2012, 2007 and 2008 more than 9 million acres were burned, and the half dozen worst fire years since 1960 have taken place since 2000. A recent Department of Agriculture report predicts that the acreage burned by wildfires will double by 2050 to about 20 million acres annually.

The report’s findings are in line with previous studies on climate change’s relation to fire risk: a 2012 study found that wildfire burn season is two and a half months longer than it was 40 years ago, and that for every one degree Celsius temperature increase the earth experiences, the area burned in the western U.S. could quadruple.

At a briefing this morning on the Black Forest Fire, El Paso County Sheriff Terry Maketa said the blaze was at zero percent containment. “It’s still a very hot and active fire area,” he said, adding that a federal firefighting incident command team would take charge of the fire today.

Justice

Colorado Attorney General Says Marijuana Magazines Are Not Like Porn

A new Colorado state law requiring magazines focused on marijuana to be treated like pornography is unconstitutional, according to the state’s Attorney General John Suthers (R). The law provides that “magazine[s] whose primary focus is marijuana or marijuana businesses” must be kept behind the counter in most stores.

The immediate impact of this decision is that, instead of promulgating a regulation enforcing the new law, the state’s rule instead reads that “[n]o magazine whose primary focus is marijuana or marijuana businesses is required to be sold only in retail marijuana stores or behind the counter in establishments where persons under twenty-one years of age are present, because such a requirement would violate the United States Constitution, the Colorado Constitution, and section 24-4-103(4)(a.5)(IV), C.R.S.”

LGBT

Colorado Attorney General Files Complaint Against Anti-Gay Bakery

Last summer, a gay couple, Dave Mullins and Charlie Craig, was refused a wedding cake by Colorado bakery Masterpiece Cakeshop. Another same-sex couple who was denied a cake there called back and the shop actually agreed to do a cake for a dog wedding, but still not a same-sex wedding. Mullins and Craig decided to file a complaint with the assistance of the ACLU, and an investigation by the Colorado Civil Rights Division (CCRD) found multiple examples of the bakery denying service to same-sex couples in violation of state law.

Now, the state Attorney General’s office has filed a formal complaint against the bakery, requiring its owners to testify at a hearing in the fall. Here are a few examples of the Masterpiece Cakeshop’s discrimination from the CCRD’s investigation:

The Charging Party states that on July 20, 2012, in an effort to obtain more information as to why her son was refused service, Munn telephoned Phillips. During this telephone conversation, Phillips stated that “because he is a Christian, he was opposed to making cakes for same-sex weddings for any same-sex couples.”[...]

S. Schmalz subsequently posted a review on the website Yelp describing her experiences with the Respondent. An individual identifying himself as “Jack P. of Masterpiece Cakeshop” posted a reply to Schmalz’s review, in which he stated that ” … a wedding for [gays and lesbians] is something that, so far, not even the State of Colorado will allow” and did not dispute that he refuses to serve gay and lesbian couples planning weddings or commitment celebrations.[...]

Allen and Sandlin state that they later spoke directly with Phillips. During this conversation, Phillips stated that “he is not willing to make a cake for a same-sex commitment ceremony, just as he would not be willing to make a pedophile cake.”

Baked goods do not have any legal standing and are thus unaffected by whether or not the stated purpose of the cake is recognized under state law. What Colorado law does say is that it is unlawful to refuse goods or services to an individual because of their sexual orientation. Just like the Washington florist facing similar litigation, Masterpiece Cakeshop is in clear violation of this provision, and the owners’ religious beliefs are actually irrelevant. As the ACLU points out, “the store has no more right to turn away a gay couple than to turn away an interracial couple, no matter what the owners’ personal beliefs.”

Election

New Data Confirm The Democratic Presidential Majority Is Here To Stay

Rhodes Cook recently posted an excellent, data-rich take on the new Democratic Presidential majority. His data break down the specific reasons that that the national Democratic advantage is durable and further suggest that the demographic trends behind it it are also having trickle-down effects on other elections in purple states like Virginia and Colorado.

Cook builds his analysis by comparing Obama’s performance in 2012 to Dukakis’ performance in 1988, the last election before the Democrats went on their current run of popular vote victories (five of six elections). Cook remarks:

Democrats have made great strides on the electoral map since 1988. They have established firm bases of support on both coasts, more than held their own in the battleground states of the industrial Midwest, and made inroads into Republican terrain in the South and the Mountain West. But the Democratic vote share has not increased everywhere since 1988, when Michael Dukakis lost the popular vote 53.4% to 45.6% to Republican George H.W. Bush. In a total of 19 states, Dukakis drew a larger share of the vote in 1988 than the victorious Barack Obama did in 2012. These states were predominantly rural in complexion and scattered about the country — in Appalachia, the South and border South, the upper Midwest, the Plains states and the Mountain West.

Cook provides a map that usefully summarizes these disparate trends between 1988 and 2012:

Driving these trends within and across states have been sweeping changes in how urban, suburban and rural residents vote. As Cook puts it:

It is no mystery how the Democrats transformed themselves from an also-ran in presidential politics in the 1970s and 1980s to a dominant force since 1992. In the last two decades, they have expanded their majorities in the nation’s major urban centers and flipped populous suburban counties adjacent to such cities as New York, Philadelphia, Detroit, Chicago, Denver, Los Angeles and Washington, D.C., in their favor. But Democrats have tanked of late in rural America, from the “God and guns country” of western Pennsylvania and the Appalachian states to the small towns of the South and the Plains.

Cook illustrates these trends with a handy table:

Cook concludes his analysis with a look at the stunning transformation of Northern Virginia. In 1988, Dukakis could only carry the liberal bastions of Arlington and Alexandria. But in 2012, Obama carried every major suburban jurisdiction in Northern Virginia, running up a margin of a quarter million votes in the area, more than enough to counterbalance his 80,000 vote loss in the rest of the state. Cook provides a table that documents this transformation:

Cook’s data on Virginia are particularly interesting to contemplate in light of the recent self-inflicted wounds incurred by the state’s GOP. Instead of adapting to an ongoing wave of change, they are hurtling in the opposite direction. The Virginia GOP’s caucus nominated a far right winger, E.W. Jackson, for lieutenant governor. Jackson is so poisonously extreme that his nomination may effectively eliminate the chances of his running mate, the extreme-in-his-own-right Ken Cuccinelli, to win the Virginia governorship. In addition, the state party cannot yet come up with anyone to run against Democrat Mark Warner in next year’s Senate race and may wind up effectively ceding the seat to Warner.

This disarray, as Josh Kraushaar pointed out in a recent National Journal article, is mirrored in Colorado, another fast-changing state contributing to the new Democratic Presidential majority:

The [Colorado] party’s brightest recruit, Rep. Cory Gardner, just opted to pass up a Senate campaign against Mark Udall, leaving the GOP empty-handed. Even more startling is the reemergence of immigration hardliner Tom Tancredo as a legitimate gubernatorial candidate, jumping in the race this month against Gov. John Hickenlooper. (Tancredo won 36 percent of the vote as a third-party candidate in 2010.) If Republicans can’t contest the Senate and governorship in 2014, it would mark eight straight setbacks in presidential, Senate, and gubernatorial contests dating back nearly a decade.

Remarkable. It’s almost like the party’s in shock — and the faster the change, the greater the shock and disorientation. Unless the GOP shakes off its current state, the new Democratic Presidential majority could be with us for quite awhile.

Immigration

Colorado Becomes Eighth State To Approve Drivers’ Licenses For The Undocumented

(Credit: kdvr.com)

Colorado Governor John Hickenlooper (D) on Wednesday signed into law a bill that grants drivers’ licenses to undocumented immigrants, making his state the eighth to do so. The law will allow the state’s thousands of undocumented to begin applying for licenses on August 1, 2014.

Granting licenses to the undocumented is a public safety issue: Unlicensed drivers are three times more likely to cause a fatal car accident. And since they lack insurance, the cost of accidents can be astronomical.

Hickenlooper said that he hopes the licensing effort will be “a first step” toward documenting the undocumented, as the federal government begins to coalesce around a larger immigration reform effort.

The other states that have approved licenses for undocumented drivers include: Illinois, Maryland, New Mexico, Nevada, Oregon, Utah, and Washington. Connecticut is expected to be next on the list. Meanwhile, Florida’s Governor Rick Scott (R) this week vetoed a licensing bill.

Climate Progress

Renewable Energy Gets A Rural Boost in Colorado

Colorado Gov. John Hickenlooper has signed legislation that will double the amount of energy that his state’s large rural electric coops and the utilities that provide them power must get from renewable sources to 20% by 2020. Enactment of the legislation represents a major victory for clean energy advocates and Colorado’s rural economies, and came despite a massive disinformation campaign run by the state chapter of Americans for Prosperity that is backed by right wing oil billionaires David and Charles Koch.

Hickenlooper’s signature on the bill is the latest rejection of a national campaign by conservative organizations like the American Legislative Exchange Council, or ALEC, and the Heartland Institute to thwart clean energy momentum by rolling back state renewable energy standards that have been adopted in 29 states and the District of Columbia. This year, legislators in more than a dozen states have sought to either outright repeal such mandates or water them down, but most of those efforts have failed.

Colorado has been a leader in requiring utilities to provide a significant share of electricity from wind, solar and other renewable sources. It was the first state to require a renewable energy standard through a statewide vote, a 10 percent requirement for large investor owned utilities. Since that initial effort the state legislature has twice increased the requirement, which now stands at 30 percent.

Until passage of this year’s legislation, rural electric coops had been required to produce only 10 percent of their electricity from renewable sources. The legislation sponsored by the president of the state Senate and speaker of the state House, will affect two entities, Tri-State Generation and Transmission, a utility which supplies power to 18 coops, and the Intermountain Rural Electric Association, a coop which has 140,000 customers.

Opponents of the legislation, including the state chapter of Americans for Prosperity, mounted a furious campaign to secure a Hickenlooper veto of the legislation, claiming it will mean a “war on rural Colorado” and cost rural consumers billions of dollars.

Justice

Defiant Lawmaker Stands Up To NRA-Backed Recall: ‘We Had 20 6-Year-Olds Shot In The Face’

Colorado Senate President John Morse (D) (Credit: AP)

Yesterday, gun activists submitted stacks of petition signatures hoping to trigger a recall election against Democratic Senate President John Morse in retaliation for his vote supporting expanded background checks and a ban on most high-capacity magazines. The effort to recall Morse is backed by the National Rifle Association.

Morse, however, rejects the idea that he should cower because the NRA’s committed its resources toward removing him: “[w]e had 20 6-year-olds shot in the face, and we have the other side arguing we should do nothing, and I’m sorry, that doesn’t cut it,” said in response to the recall effort. He added that there are somethings more important that keeping a powerful position in the state legislature — “Keeping Coloradans safe from gun violence is very worth your political career.”

Immigration

The Eight Most Xenophobic Stances Of Tom Tancredo, Candidate For Colorado Governor

Former Rep. Tom Tancredo (R-CO)

Former Rep. Tom Tancredo (R-CO)

Former Congressman Tom Tancredo (R), who finished second in the 2010 Colorado gubernatorial race as an American Constitution Party candidate, said Wednesday that he will seek the Republican nomination for governor in the 2014 election. The unsuccessful 2008 presidential hopeful said the “last straw” driving him into the race was Gov. John Hickenlooper’s (D) decision to grant a temporary reprieve to an inmate on Death Row.

Over his five terms in Congress, his single-issue anti-immigrant White House bid, and various other political campaigns, Tancredo has earned a reputation as one of America’s most extreme nativist politicians. Among his career highlights:

1. Proposed that the U.S. bomb Mecca. In 2007, Tancredo suggested that as a “deterent” to terrorism, “If it is up to me, we are going to explain that an attack on this homeland of that nature would be followed by an attack on the holy sites in Mecca and Medina.” Despite widespread criticism of the comments, he reiterated the view during his 2010 campaign: “I think is quite defensible. I still do, and I still would say it. It is just that I would have absolutely no reason to say it as the governor of the state of Colorado.”

2. Called for impeachment of President Obama because people illegally immigrate. In an error-riddled 2010 Washington Times op-ed, Tancredo wrote that President Obama was “a more serious threat to America than al Qaeda.” Citing a false claim by then-Sen. Jon Kyl (R-AZ), he added, “Mr. Obama’s most egregious and brazen betrayal of our Constitution was his statement to Sen. Jon Kyl, Arizona Republican, that the administration will not enforce security on our southern border because that would remove Republicans’ desire to negotiate a ‘comprehensive’ immigration bill. That is, to put it plainly, a decision that by any reasonable standard constitutes an impeachable offense against the Constitution.”

3. Smeared the first Hispanic-American Supreme Court Justice as a “racist.” When President Obama nominated Justice Sonia Sotomayor, Tancredo went ballistic. Calling her “Sonia Mayor,” he said, “I do not know if he has a hatred for white people. I can say that [Obama's] statements and his appointment of someone I do believe to be a racist, ‘Sonia Mayer,’ for her racial views by the way — that is an indication.” He added “I’m telling you she appears to be a racist. She said things that are racist in any other context. That’s exactly how we would portray it and there’s no one who would get on the Supreme Court saying a thing like that except for a Hispanic woman and you’re going to say it doesn’t matter!” ”Why is it, in order to speak to [Hispanics], you have to speak to them in Spanish, or you have to be translated to them in Spanish?” Tancredo said on CNN. “If you are going to vote in this country, you should be a citizen. To be a citzen in this country you should know English.”

4. Does not believe candidates in the USA should speak Spanish. As he boycotted a December 2007 presidential debate on Univision, Tancredo wrote in a press release, “It is the law that to become a naturalized citizen of this country you must have knowledge and understanding of English, including a basic ability to read, write, and speak the language… So what may I ask are our presidential candidates doing participating in a Spanish speaking debate? Pandering comes to mind.” Embracing assimilation, he added, “Bilingualism is a great asset for any individual but it has perilous consequences for a nation. As such, a Spanish debate has no place in a presidential campaign.” On CNN, he elaborated, “If you are going to vote in this country, you should be a citizen. To be a citizen in this country you should know English.”

5. Demonized illegal immigrants as violent gangsters and “jihadist” terrorists. In campaign ad for his 2008 presidential run, he showed bloody images of terrorist attacks, warning that open borders means “[Islamic] jihadists who froth with hate” will launch terrorist attacks like those in London, Spain, and Russia and “vicious central American gangs” who are “pushing drugs, raping kids, [and] destroying lives.” In 2004, he warned that some undocumented immigrants are “coming here to kill you and to kill me and our families.”

6. Bashed Miami for its diversity. In a 2009 interview, Tancredo said Miami does not feel like America because so many people there speak Spanish: ‘”Look at what has happened to Miami. It has become a Third World country. You just pick it up and take it and move it someplace. You would never know you’re in the United States of America. You would certainly say you’re in a Third World country.” When criticized for the remarks, he shot back, “I knew speaking your mind could be dangerous in Havana. I guess it’s equally dangerous to do so in Miami. Apparently, there isn’t much of a difference between the two anymore.”

7. Even opposed legal immigration. In 2003, Tancredo proposed the “Mass Immigration Reduction Act.” The bill would have put a five-year moratorium on all legal immigration to the United States.

8. Wants to reinstate literacy tests for voting. Tancredo proposed a “civics literacy test” to prevent non-English speakers from voting. Lamenting that President Obama won with the support of what he called “people who could not even spell the word ‘vote,’ or say it in English,” he blamed the election of a “committed socialist ideologue” on the fact that “we do not have a civics literacy test before people can vote in this country.”

As the national Republican party seeks to shed its reputation as anti-immigrant, Tancredo’s candidacy presents an interesting challenge. Former House Republican Leader Dick Armey (R-TX), an influential figure in the Tea Party movement, once called his former colleague a “cheerleader of jerkiness in the immigration debate.”

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