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Judge dismisses NRA bankruptcy case in blow to gun group

By JAKE BLEIBERG and MICHAEL R. SISAK

DALLAS (AP) — A federal judge dismissed the National Rifle Association’s bankruptcy case Tuesday, leaving the powerful gun-rights group to face a New York state lawsuit that accuses it of financial abuses and aims to put it out of business.

The judge was tasked with deciding whether the NRA should be allowed to incorporate in Texas instead of New York, where the state is suing in an effort to disband the group. Though headquartered in Virginia, the NRA was chartered as a nonprofit in New York in 1871 and is incorporated in the state.

Judge Harlin Hale said in a written order that he was dismissing the case because he found the bankruptcy was not filed in good faith.

“The Court believes the NRA’s purpose in filing bankruptcy is less like a traditional bankruptcy case in which a debtor is faced with financial difficulties or a judgment that it cannot satisfy and more like cases in which courts have found bankruptcy was filed to gain an unfair advantage in litigation or to avoid a regulatory scheme,” Hale wrote.

His decision followed 11 days of testimony and arguments. Lawyers for New York and the NRA’s former advertising agency grilled the group’s embattled top executive, Wayne LaPierre, who acknowledged putting the NRA into Chapter 11 bankruptcy without the knowledge or assent of most of its board and other top officers.

“Excluding so many people from the process of deciding to file for bankruptcy, including the vast majority of the board of directors, the chief financial officer, and the general counsel, is nothing less than shocking,” the judge added.

Phillip Journey, an NRA board member and Kansas judge who had sought to have an examiner appointed to investigate the group’s leadership, was concise about Hale’s judgment: “1 word, disappointed,” he wrote in a text message.

LaPierre pledged in a statement to continue to fight for gun rights.

“Although we are disappointed in some aspects of the decision, there is no change in the overall direction of our Association, its programs, or its Second Amendment advocacy,” LaPierre said via the NRA’s Twitter account. “Today is ultimately about our members — those who stand courageously with the NRA in defense of constitutional freedom. We remain an independent organization that can chart its own course, even as we remain in New York to confront our adversaries.”

Lawyers for New York Attorney General Letitia James argued that the case was an attempt by NRA leadership to escape accountability for using the group’s coffers as their personal piggybank. But the NRA’s attorneys said it was a legitimate effort to avoid a political attack by James, who is a Democrat.

LaPierre testified that he kept the bankruptcy largely secret to prevent leaks from the group’s 76-member board, which is divided in its support for him.

Hale dismissed the NRA’s case without prejudice, meaning the group can refile it. However, he warned that in doing so the NRA’s leaders would risk losing control.

The judge wrote that if the case is refiled, he would immediately take up “concerns about disclosure, transparency, secrecy, conflicts of interest” between NRA officials and their bankruptcy legal team. He said that the lawyers “unusual involvement” in the NRA’s affairs raised concerns that the group “could not fulfill the fiduciary duty” and might lead him to appoint a trustee to oversee it.

Hale noted the NRA could still pursue other legal steps to incorporate in Texas, but James said such a move would require her approval — and that seems unlikely.

In a tweet, Republican Gov. Greg Abbott said: “Texas stands with the @NRA and we look forward to working with the Association on their plans to move to Texas.”

The NRA declared bankruptcy in January, five months after James’ office sued seeking its dissolution following allegations that executives illegally diverted tens of millions of dollars for lavish personal trips, no-show contracts and other questionable expenditures.

James is New York’s chief law enforcement officer and has regulatory power over nonprofit organizations incorporated in the state. She sued the NRA last August, saying at the time that the “breadth and the depth of the corruption and the illegality” at the NRA justified its closure. James took similar action to force the closure of former President Donald Trump’s charitable foundation after alleging he used it to advance business and political interests.

During a news conference after the ruling, James said she read transcripts of LaPierre’s testimony, which was “filled with contradictions.” She reiterated that she intends to see the NRA dissolved, which ultimately would be decided by a judge, not the attorney general. The discovery process in her lawsuit is ongoing, James said, and she expects a trial to happen sometime in 2022.

“There are individuals and officers who are using the NRA as their personal piggy bank and they need to be held accountable,” James said.

Shannon Watts, who founded Moms Demand Action for Gun Sense in America, said in a series of tweets that the bankruptcy dismissal “comes at the worst possible time for the NRA: right as background checks are being debated in the Senate.”

“It will be onerous if not impossible for the NRA to effectively oppose gun safety and lobby lawmakers while simultaneously fighting court battles and mounting debt,” said Watts, whose organization is part of the Michael Bloomberg-backed Everytown for Gun Safety.

The NRA’s financial standing has been upended by the coronavirus pandemic, but there was consensus during the bankruptcy trial that it remains financially sound

Last year, the group laid off dozens of employees, canceled its national convention and scuttled fundraising. The NRA’s bankruptcy filing listed between $100 million and $500 million in assets and the same range in liabilities. In announcing the case, it trumpeted being “in its strongest financial condition in years.”

Adam Skaggs, chief counsel at the Giffords Law Center to Prevent Gun Violence, said that even a weakened NRA will likely continue to shape America’s gun debates.

“I think the question is, despite those self-inflicted wounds and despite the fact that they’re in some ways a shadow of their former self, can they continue to exert influence and try and keep the opponents of even the most modest reforms to increase gun safety toeing the line?” he said.

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Sisak reported from New York. Associated Press writer Terry Wallace in Dallas contributed reporting.

World Food Prize winner helps end hunger with fish

BY 

The winner of the Iowa-based World Food Prize was announced today.

Food Prize Foundation president, Barbara Stinson, made the announcement in an online video. “The 2021 World Food Prize is Doctor Shakuntala Haraksingh Thilsted of Denmark and Trinnida-Tobago. Doctor Thilsted is the seventh woman to be award the World Food Prize and the first woman of Asian heritage,” Stinson says.

The World Food Prize was created by Cresco, Iowa native and Nobel Peace Prize winner Norman Borlaug. Stinson says this year’s winner works in aquaculture. “Our laureate’s trailblazing on small native fish species in Bangladesh led to the development of aquatic food systems at all levels. From farmers to food processing to consumers — this approach led to improved diets for millions of the most vulnerable people from Asia and Africa,” Stinson says.

She says Thilsted’s developments made a big impact on ending hunger. “In Bangladesh, the increased incomes and access to nutritious fish brought about the laureate’s work contributed to cutting chronic hunger by more than half,” according to Stinson. “And reducing the number of underweight children by one quarter in the last 20 years — putting the country back on track to meet its nutrition goals.”

Stinson says Thilsted’s work built a system that has many benefits. “She created and spread the use of safe, nutritious fish-based foods, such as fish chutney and fish powder. These dried fish foods boasted four times the nutrient density of fresh fish. She encouraged processing practices that reduced fish waste and loss,” Stinson says. And she says the work helped women entrepreneurs.

Thilsted will receive the $250,000 World Food Prize at an October ceremony at the Iowa State Capitol building in Des Moines.

Central College removes ACT or SAT requirement

Central College in Pella is joining hundreds of other schools across the country in going “test optional” for its admissions process. While Central chose not to require S-A-T or A-C-T scores from prospective students during the pandemic, the institution is making the change permanent. Central’s Dean of Enrollment Management Chevy Freiburger says it will improve access for students who don’t test well.
“The standardized test score for Central has always been one component,” he says, “and we’ve always had a holistic review through that admission process and have found that greater success, for Central, is on the GPA and on the courses.”

Students can submit test scores, which may help them qualify for additional scholarships, but they won’t have to do so. Freiburger says the school doesn’t consider the tests to be the best predictor of student success.
“We’re really hopeful that all students, their talents and potential for leadership, can really be captured,” Freiburger says, “so students that might not necessarily shine on a standardized test score, they can maybe highlight some other areas of strength.”
Critics have long argued that standardized tests reinforce racial and economic inequality. The pandemic has accelerated a shift away from requiring the tests.

Coronavirus update Inbox

There were no deaths from coronavirus reported Tuesday (5/11) in Iowa.  The state’s death total from the pandemic holds at 5985.  The Iowa Department of Public Health reports 299 new positive tests for COVID-19, bringing the state’s pandemic total to 368,094.  Eight new positive tests were reported in Wapello County, seven in Jasper County, three in Marion County, two in Mahaska County with none in Keokuk, Poweshiek and Monroe Counties.

Bahena Rivera murder trial closed to public

When Cristhian Bahena Rivera’s murder trial begins next Monday (5/17), media and the public won’t be allowed in the courtroom.  Bahena Rivera is accused of killing Mollie Tibbetts in her home town of Brooklyn in July 2018.  Judge Joel Yates says the limited size of the courtroom in Davenport, as well as social distancing requirements for coronavirus, means that the general public won’t be allowed in the courtroom and only one pool photographer for the media will be allowed.  Yates is allowing live video streaming of the trial—after the jury is selected.  Jury selection cannot be broadcast under Iowa courtroom media rules.  The trial has been moved from Poweshiek County to Davenport because of pretrial publicity.

Reynolds orders end of extra unemployment payments

Governor Kim Reynolds says Iowa has a severe workforce shortage and she’s joining a growing list of Republican governors who are rejecting the extra unemployment benefits included in federal pandemic relief measures.

Reynolds says it’s time for everyone who can to get back to work and the 300-dollars added to an individual’s weekly unemployment benefits will end June 12th. Reynolds says the extra federal unemployment benefits provided crucial assistance when the pandemic began, but she says these payments now are discouraging people from returning to work.  The governor says with a three-point-seven percent unemployment rate, Iowa has more jobs available than unemployed people.

There have been extended federal benefits, beyond the traditional 26 weeks of unemployment for laid off workers, and the governor is ordering those to end June 12th as well. Iowa Association of Business and Industry president Mike Ralston issued a statement praising Reynolds for making these moves. Ralston says the extra unemployment benefits exacerbated the workforce shortage Iowa was experiencing before the pandemic. The director of the Iowa Chamber Alliance says Iowa’s economy needs people to safely and responsibly get back to work. The top Democrat in the Iowa Senate says it makes no sense for Governor Reynolds to pull the rug out from under unemployed Iowans while there’s still a worldwide pandemic. President Biden said yesterday any unemployed American who’s offered a suitable job must take it or lose benefits. Biden says Americans want to work and will, if they’re paid a decent wage.

Poll: Most in US who remain unvaccinated need convincing

By LAURAN NEERGAARD and HANNAH FINGERHUT

Fewer Americans are reluctant to get a COVID-19 vaccine than just a few months ago, but questions about side effects and how the shots were tested still hold some back, according to a new poll that highlights the challenges at a pivotal moment in the U.S. vaccination campaign.

Just 11% of people who remain unvaccinated say they definitely will get the shot, while 34% say they definitely won’t, according to the poll by The Associated Press-NORC Center for Public Affairs Research.

That leaves a large swath of Americans in the middle who might still roll up their sleeves — including 27% who say they probably will and 27% who say they probably won’t — if someone credible addressed their concerns. That’s where National Institutes of Health immunologist Kizzmekia Corbett comes in.

Corbett helped lead development of the Moderna shot, and she spends hours giving plain-spoken answers to questions from Americans — especially Black Americans like her — to counter misinformation about the three vaccines used in the U.S.

No, COVID-19 vaccines won’t cause infertility: “Whoever started that rumor, shame on you.”

No, the shots’ speedy development doesn’t mean corners were cut: “We worked our butts off for the last six years” hunting vaccines for earlier cousins of COVID-19 — a head start that made the difference, Corbett recently told the AP.

Getting as many people vaccinated as fast as possible is critical to returning the country to normal. More than 150 million people — about 58% of all adults — have received at least one dose, according to the Centers for Disease Control and Prevention.

As that number grows, reluctance is inching down. Overall, the AP-NORC poll found about 1 in 5 American adults say they probably or definitely won’t get vaccinated, compared to about a third in January, when the shots were just rolling out.

Black Americans likewise are becoming more open to the shots, with 26% now saying they definitely or probably won’t get vaccinated compared with 41% in January. That’s similar to the 22% of Hispanic Americans and white Americans the poll found unlikely to get vaccinated. Among Asian Americans, just 9% say they definitely or probably won’t get the shots.

Holdouts are from all over American society — fueling experts’ advice that there is no one-size-fits-all vaccine message and that people need to hear from trusted sources, whether that’s scientists like Corbett or their own doctors. Adults under 45, rural Americans and Republicans are especially likely to say they will avoid vaccination, the poll found. But again, attitudes are changing: 32% of Republicans now say they probably or definitely won’t get vaccinated, down from 44% in January.

About three-fourths of those who say they are unlikely to get vaccinated have little to no confidence that the vaccines were properly tested, and 55% are very concerned about side effects, the poll found. Even among those who say they will probably get vaccinated but have not done so yet, concerns about proper testing are elevated compared with people who have received their shots already.

In forums hosted by colleges, Black pastors, doctors and even basketball great Kareem Abdul-Jabbar, Corbett says the best way to overcome distrust is to put the science in understandable terms for strangers just like she does for family. Later this spring, she’s moving from the NIH to Harvard’s School of Public Health to continue both her vaccine research and that outreach to communities, the school plans to announce on Tuesday.

The vaccines’ speedy development “is historic and it is brag-worthy,” said Corbett, whose NIH team was able to customize a shot that matched the new virus after spending six years developing vaccines against other dangerous coronaviruses such as MERS.

But “really, we should have started the conversations very early about what went into it,” she said, so the public understood that no steps were skipped.

A combination of huge studies and real-world data show the main side effects of the U.S. vaccines are temporary fevers or aches as the immune system revs up. The shots are undergoing unprecedented safety monitoring, which last month led to a temporary pause in Johnson & Johnson vaccinations to determine how to handle an incredibly rare risk of blood clots.

Even after that pause, overall confidence in the vaccines is up slightly compared with a few months ago, with 45% of all adults now very or extremely confident that the shots were properly tested for safety and effectiveness, compared with 39% in an AP-NORC poll in February.

But side effect myths persist. Corbett calls the fertility concern “completely absurd,” and in forum after forum explains why it’s biologically impossible for the vaccines to alter anyone’s DNA.

The repetition is OK: “People need to hear things multiple times,” she said.

Plus, many Americans have some of the same questions scientists are still trying to answer, such as whether or when people might need a booster dose.

“Those are things that even I can’t even answer. But what I can say is that we’re doing everything we can to make sure we can answer it as soon as possible,” Corbett said.

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The AP-NORC poll of 1,842 adults was conducted April 29-May 3 using a sample drawn from NORC’s probability-based AmeriSpeak Panel, which is designed to be representative of the U.S. population. The margin of sampling error for all respondents is plus or minus 3.2 percentage points.

Oskaloosa School Board meets Tuesday

The Oskaloosa School Board will recognize retiring staff members at Tuesday night’s (5/11) regular meeting.  The Board will also hold two public hearings: one to amend the current budget; the other to consider the sale of a home built by students during the school year.  The Board will also consider approving an out of state trip for music students.  Tuesday’s Oskaloosa School Board meeting starts at 6 at the George Daily Auditorium Board Room.

Iowa gets $1.48 billion in federal coronavirus aid

Iowa will get $1.48 billion in aid under the federal government’s plan to help states hit by the coronavirus pandemic, according to new numbers released Monday (5/10).

The U.S. Treasury Department announced a state-by-state funding breakdown for President Joe Biden’s American Rescue Plan, an effort to restore jobs lost during the pandemic and replenish the coffers of governments that saw huge declines in tax revenue.

The plan will distribute $350 billion to state, local, territorial and tribal governments.

The Treasury Department said governments can use the money to cover local public health costs, address the economic impacts of the pandemic and replace lost tax revenue. They can also spend it on premium pay for essential workers and water, sewer and broadband infrastructure projects.

Iowa Gov. Kim Reynolds has expressed concerns about certain expenditures not being allowed, which could force the state to repay money to the federal government.

“If we don’t know what the guidelines are, it makes it hard to spend the money, because we don’t want to spend it in the wrong way and have it clawed back,” she said.

Boat testifies in her defense at murder trial

A woman from Pella accused of first degree murder testified Monday (5/10) in her own defense.  Michelle Boat is accused of killing Tracy Mondabaugh of Ottumwa in May of last year.  Mondabaugh was the girlfriend of Boat’s estranged husband.  In her testimony, Boat said she had followed Mondabaugh that day and confronted her.  Boat testified Mondabaugh attacked her…then Boat said she “just snapped”, grabbed a knife and stabbed Mondabaugh.  Closing arguments in Boat’s trial are expected to begin Tuesday morning (5/11) in Knoxville.

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