Governor withdraws emergency order for telescope protesters

By AUDREY McAVOY

The Associated Press

HONOLULU — Hawaii’s governor on Tuesday rescinded an emergency proclamation put in place to deal with Native Hawaiian protesters who are blocking a road to prevent the construction of a giant telescope at a mountain summit they consider sacred.

Gov. David Ige said there were no immediate plans to move heavy equipment to Mauna Kea’s summit. He also noted two hurricanes were approaching that could affect the protest area and the rest of the state.

Hurricane Erick, approaching from the east, is forecast to pass south of the Big Island later this week. Following right after is Hurricane Flossie, which appears on track to come close to the islands early next week.

“For the safety of all involved, we want to de-escalate activities,” Ige said at a news conference.

The governor declared an emergency on July 17 to give law enforcement more authority to close areas of the mountain and to use additional National Guard troops to help deliver construction gear.

The protest to stop the Thirty Meter Telescope is in its 16th day.

Law enforcement arrested 38 people, mostly elders, who were blocking the road on July 17, the third day of the protest. Ige said law enforcement on the ground judged it wasn’t in the best interests of everyone’s safety to arrest more people.

“The numbers of protesters there who appeared on the mountain was greater than anticipated,” Ige said.

There were about 1,000 people on the mountain the day of the arrests. On the weekends, there have been more than 2,000 people.

The protest group Pu‘uhonua o Pu‘uhuluhulu called the governor’s announcement “a victory that reaffirms our resolve.”

“Governor Ige has admitted that he underestimated our strength, unity, and broad public support. Our numbers continue to grow and his ability to oppose his own people is becoming less and less justifiable,” the statement said.

Ige said the state and county would continue their efforts after the storms pass to allow the telescope to be built. Ige has asked Hawaii County Mayor Harry Kim to lead talks to find common ground.

Ige indicated he found it helpful to visit the protest site last week. “I certainly found in instructive for me to be able to speak with and talk with protesters face to face. It gave me an appreciation for their passion and commitment,” he said.

The Thirty Meter Telescope has selected Mauna Kea’s summit for its project because the weather and air conditions there are among the best in the world for viewing the skies.

The Hawaii Supreme Court last year ruled the international consortium behind the telescope lawfully obtained a permit to build the telescope, clearing the way for the project to proceed.

Separately, the state Department of Land and Natural Resources granted the project a two-year extension on a deadline to start construction as specified in a conservation district use permit. The new deadline is Sept. 26, 2021.

The department noted the court case delayed construction for 13 months and the protests are currently delaying construction.

Michigan GOP sues to block redistricting commission

By DAVID EGGERT
Associated Press
LANSING — Republicans sued Tuesday to block the creation of Michigan’s new, voter-approved redistricting commission, challenging eligibility guidelines that prohibit politicians and others from serving on the panel.
The lawsuit, filed in federal court and praised by a national GOP group whose finance chairman is former Wisconsin Gov. Scott Walker, says the provisions violate potential applicants’ rights to free speech and equal protection under the law.
The 2018 constitutional amendment requires that a commission of four self-identified Democrats, four self-identified Republicans and five unaffiliated members draw congressional and legislative lines instead of the Legislature, starting in 2021. It was a bid to curtail gerrymandering in a state where the GOP has had one of the largest partisan legislative advantages in the country after controlling the once-a-decade process in 2011.
Michigan is among five states where Republicans retained control of the state House even though Democratic candidates won more votes statewide last fall.
Those excluded from serving on the panel include people who currently are or have in the previous six years been elected partisan officials or candidates, their paid consultants or employees, legislative workers, lobbyists and their employees, or political appointees not subject to civil service classification. Also barred from the paid positions are those individuals’ parents, children and spouses.
“In excluding certain categories of citizens from eligibility based on their exercise of core First Amendment rights, including freedom of speech, right of association, and right to petition the government, the State has unconstitutionally conditioned eligibility for a value benefit on their willingness to limit their First Amendment right to petition government,” says the suit, which was brought by 15 Republicans including state Sen. Tom Barrett and various party officials with financial support from Fair Lines America, a nonprofit with ties to the National Republican Redistricting Trust, for which Walker is fundraising. They say there is no “compelling explanation” as to how limiting participation would result in a more impartial panel.
They want a judge to declare the law unconstitutional and prevent Democratic Secretary of State Jocelyn Benson from selecting commissioners, which are to be chosen randomly by September 2020 following a multi-step process.
“Voters spoke loud and clear last November that they want an independent, citizen-led commission — not partisan politicians — responsible for drawing district lines,” she said in a statement.
Voters Not Politicians, the group that spearheaded the ballot measure, criticized the suit but called it no surprise that politicians want to hold onto their power.
“Michigan is one of the most gerrymandered states in the nation, but voters pushed back by overwhelmingly supporting the new redistricting amendment so voters choose their politicians — not the other way around,” said Jamie Lyons-Eddy, the organization’s director of campaigns and programs. “We’re confident that the proposal will survive any and all legal challenges, just as it did from many of these same politicians on the way to the ballot.”
One of the people suing is Tony Daunt, a lobbyist and executive director of the conservative Michigan Freedom Fund who also sits on the state GOP committee. His group said at least half a million residents would be “disenfranchised.”
“Michigan residents’ constitutional rights do not end when their son or mother decides to take a new job or to represent their neighborhood at a local political party meeting,” Daunt said.
Michael Li, a redistricting lawyer with the Brennan Center for Justice — which opposes gerrymandering — said 13 states now have some form of a redistricting commission for congressional or legislative mapmaking, or both. Of those, 10 restrict who can serve while two others’ panels have elected officials. Just one state outside Michigan — Iowa — prohibits relatives of excluded individuals from participating, he said.
Li said he was not aware of any similar challenge having been filed previously in other states. He called the legal theory “very novel.”
“It varies from state to state, but almost every state has some form of restriction to make sure people aren’t too closely connected to the political process,” said Li, contending that Michigan’s qualification standards are not different from laws that say candidates for office have to be a minimum age to run. “There are always some people who are excluded from participating on government bodies. It doesn’t mean they can’t participate in other ways.”

Follow Eggert at https://twitter.com/DavidEggert00.

Ex-MSU president gets $2.5M retirement payout

By JEFF KAROUB
Associated Press
EAST LANSING — The former Michigan State University president accused of lying about her knowledge of allegations against sports doctor Larry Nassar is getting about $2.5 million as part of a retirement package and agreed not to sue the school, it was announced Tuesday.
The East Lansing school said Lou Anna Simon’s retirement is effective Aug. 31. She resigned as president last year amid pressure, returned to a faculty position, and then took an unpaid leave while facing criminal charges. She has denied any cover-up by the university.
Under terms of the retirement , Simon will receive $2.45 million in three annual installments and other benefits. The agreement stipulates she won’t sue the school or file any complaints or grievances related to her employment or termination.
The agreement does not appear to address how the pending criminal case could affect the terms of the agreement other than public recognition of her emeritus status being potentially withheld if she is convicted and that conviction survives all appeals.
University officials did not immediately reply to a message seeking comment on its reasoning for making the payment.
“Our campus community is continuing its healing, and the Board of Trustees feel the retirement of Dr. Simon is best for the university,” said Dianne Byrum, chairwoman of the university’s governing body, in a statement.
Simon said she will continue to support the school, including through philanthropy.
Dr. Samuel Stanley Jr., a medical researcher who has led Stony Brook University in New York for nearly a decade, was named the school’s next president earlier this year and officially starts this week.

Lions sign DT Fredrick Jones, release WR Brandon Reilly

ALLEN PARK, Mich. (AP) — The Detroit Lions have signed free agent defensive tackle Fredrick Jones and released wide receiver Brandon Reilly.
The Lions announced the moves Tuesday. Jones spent some of this offseason with the New York Jets after going undrafted out of Florida State. He appeared in 46 games for the Seminoles, including 10 starts, and had 67 tackles and 2 1/2 sacks.
Reilly was an undrafted free agent in 2017. He spent time on Buffalo’s active roster but has never appeared in an NFL game.

Thaiss homers, drives in 3 to lead Angels over Tigers 6-1

Detroit Tigers shortstop Jordy Mercer, right, throws to first to get Los Angeles Angels’ Kole Calhoun on a ground ball for an out during the third inning of a baseball game in Anaheim, Calif., Tuesday, July 30, 2019. (AP Photo/Alex Gallardo)

By JOE REEDY
AP Sports Writer
ANAHEIM, Calif. (AP) — Mike Trout and Shohei Ohtani are the Los Angeles’ Angels top players, but it was a pair of rookies who came up big in Tuesday night’s 6-1 victory over the Detroit Tigers.
Matt Thaiss homered and drove in three runs while Griffin Canning threw four-hit ball over six innings as the Angels put together a good game in what has been a disappointing homestand against two of the worst teams in the American League.
Los Angeles had momentum coming back home after a pair of wins at Chavez Ravine against the Dodgers. But it dropped three of four to Baltimore and has split the first two games with Detroit.
Ohtani was 3 of 20 at the plate in his previous five games but bounced back by going 3 for 4 with an RBI and stolen base. It is his sixth game this season with three or more hits.
This is Thaiss’ third game with three RBIs since the All-Star break. The third baseman got the scoring started in the second when he took Drew VerHagen’s fastball over the wall in right-center for his fifth homer of the season. Four have come in the past five games.
“Every level you go things move a little fast but I have been able to get more comfortable after getting more plate appearances and seeing different arms,” Thaiss said.
Canning (4-6) struck out seven as he went at least six innings for the seventh time in 15 starts. The Tigers had runners on second and third with two outs in the fifth inning, but the right-hander got Niko Goodrum to line out to center to end the frame.
Canning said he was trying to stay aggressive throughout the game and wasn’t worrying if hitters made contact.
“I was letting my stuff play and trying to stay on the attack,” he said.
Angels manager Brad Ausmus said he was thinking about taking Canning out after five innings, but two runs in the fifth extended the lead to 4-0 and gave LA more breathing room.
“Once we extended the lead I was more comfortable. He was pretty efficient, especially during the first four innings,” Ausmus said.
Catcher Jake Rogers, who was making his big league debut, drove in Detroit’s lone run in the seventh with a single. Drew VerHagen (1-2) went 4 2/3 innings and surrendered four runs (three earned) on 10 hits.
The Tigers have dropped seven of eight and are 4-14 since the All-Star break.
“We hit some balls right on the screws and right at people. They made plays which frustrated us in the dugout,” manager Ron Gardenhire said. “I thought VerHagen did fine. If we make some plays, I think everything would have been better for him.”
FIELDING WOES
Detroit had two errors that led to two LA runs. The worst one came in the sixth when Rogers dropped Luis Rengifo’s fly ball between the mound and home plate. Rengifo eventually scored on Brian Goodwin’s ground out.
STREAKS, STATS AND NOTES
It is only the 21st game where the Angels have had their starter go six or more innings, which is last in the majors. … SS Luis Rengifo went 2 for 4. His 54 hits since being recalled on May 21 are third most by an AL rookie behind Cleveland’s Oscar Mercado (66) and Toronto’s Vladimir Guerrero Jr. (58). … Detroit RF Nick Castellanos had his 37th double in the sixth inning, which is tied with Boston’s Rafael Devers for most in the majors. … Rogers is the fifth Tigers catcher with a hit and RBI in his debut and first since Alex Avila on Aug. 6, 2009, against Baltimore.
TRAINER’S ROOM
Tigers: OF Christin Stewart was placed on the seven-day concussion injury list. Stewart ran into the left-field fence during the fifth inning of Monday night’s game while trying to chase down Kole Calhoun’s home run. Victor Reyes was called up from Triple-A Toledo.
Angels: C Kevan Smith was originally in the lineup, but was scratched an hour before first pitch due to right big toe soreness.
UP NEXT
Tigers: LHP Daniel Norris (2-8, 4.89 ERA) is looking for his first win since May 12 as Detroit closes out a seven-game road trip.
Angels: Close the homestand with rookie LHP JosÈ Suarez (2-1, 5.35 ERA) facing the Tigers for the first time.

Judge refuses to dismiss challenge to voter law

CONCORD, N.H. (AP) — A federal judge says a challenge to New Hampshire’s new voter residency law can continue.
Judge Joseph Laplante on Tuesday refused to dismiss the lawsuit filed by the American Civil Liberties Union on behalf of two Dartmouth College students.
The new law ends the state’s distinction between “domicile” and “residency” for voting purposes, which means out-of-state college students who vote in New Hampshire would also be subject to residency requirements, such as getting New Hampshire driver’s licenses or registering their cars.
Laplante heard about two hours of arguments on the state’s requests to dismiss the case and to remove Secretary of State William Gardner as a defendant. After denying both motions, Laplante said while he agrees the students have standing to sue, he isn’t saying they have a particularly strong case.

Officer trying to rescue kitten finds a bobcat instead

STRATHAM, N.H. (AP) — A New Hampshire police officer says the kitten he was trying to pick up in a parking lot turned out to be a bobcat, which then jumped onto the roof of a Burger King.
Stratham Officer Matt Callahan tells Seacoastonline.com he was on patrol Saturday and saw the “kitten” run under a car. It eventually climbed a tree near the restaurant.
Once Callahan realized he was dealing with a young bobcat, he called state Fish and Game officers.
He also stood in the drive-thru line to alert customers in case the bobcat decided to come down, but it climbed onto the roof and took a catnap.
Callahan says he and the conservation officer climbed up and put the bobcat in a crate. The bobcat was released at a wildlife refuge.

GOP govs of Vermont and New Hampshire seek trade approval

WOODSTOCK, Vt. (AP) — Vermont’s Republican Gov. Phil Scott said Tuesday he thinks the proposed new trade agreement between the United States, Canada and Mexico will benefit Vermont and the region and he urged Congress to approve it.
Scott made the comments a day after he wrote an opinion piece with his GOP colleague, New Hampshire Gov. Chris Sununu, urging Congress to put partisan differences aside and pass and the U.S. Mexico-Canada Agreement.
The agreement would replace the quarter-century old North American Free Trade Agreement.
Scott said he was critical of the Trump administration when officials were negotiating the new trade deal, but he thinks the final deal is best for the region.
“When they finalized the agreement, the USMCA, with Mexico and then with Canada, it seems as though it’s a fair agreement,” Scott said. “I think it actually tips the scales in favor of Vermont and the U.S. in general over the other countries, but… they have accepted it.”
Trade with Canada has always been critical to Vermont, New Hampshire and the rest of New England.
Last year at a meeting in Stowe of the New England Governors and Eastern Canadian Premiers, Scott and New Brunswick Premier Brian Gallant signed a resolution highlighting the benefits of cross border trade. In it, the governors and premiers acknowledged the economic interdependence across the region and contribution of cross-border trade to their states’ and provinces’ economic prosperity.
Meanwhile, in Washington, Congressional Democrats and the Trump administration appear to be making progress toward a deal that would clear the way for Congress to approve the USMCA. Democrats want the agreement to include stronger protections for workers and the environment and to protect people from high drug prices, but they appear to be nearing an agreement.
In their op-ed piece, Scott and Sununu said the USMCA was critical to helping Vermont, New Hampshire and all of New England, which rely heavily on trade with Canada.
The new agreement will expand the economic relationship between New England and Canada. “It brings a much needed 21st Century update to our economic trade,” they wrote.
Scott, who has been a frequent critic of President Donald Trump, said he viewed himself as “the umpire who makes the calls.”
“Sometimes I’m critical of the administration,” Scott said, “but… I think this is an opportunity for us to come together and to finalize this and not politicize this and take it up in Congress and pass it.”

Massachusetts RMV knew of backlog years before deadly crash

BOSTON (AP) — Officials within the Massachusetts Registry of Motor Vehicles grappled for years without success to clear chronic backlogs in the processing of notifications sent by other states of infractions by Massachusetts drivers, according to testimony on Tuesday at an oversight hearing prompted by a crash that killed seven motorcyclists in New Hampshire.
Members of the Legislature’s transportation committee sought to learn why information that Volodymyr Zhukovskyy had been arrested for drunken driving in Connecticut weeks before the June 21 crash — which could have triggered a suspension of his commercial driver’s license — was not acted upon by the Massachusetts agency.
Registry officials acknowledge that tens of thousands of such out-of-state notices have gone unprocessed for years, instead left to pile up in boxes stored in a state office.
“In the midst of all this, seven families experienced an unimaginable tragedy and they didn’t deserve explanations or excuses,” said Erin Devaney, in explaining Tuesday her decision to resign as head of the agency days after the New Hampshire crash exposed the lapses. “They deserved to have someone being accountable and acknowledge that the service that the registry of motor vehicles provided was unacceptable in this instance.”
Devaney testified that when she was appointed by Republican Gov. Charlie Baker to lead the agency in 2015, no system existed for processing out-of-state notices. The following year she assigned the task to the Merit Rating Board, which historically has been responsible for reviewing in-state violations by Massachusetts drivers and imposing any insurance surcharges warranted.
While some progress was subsequently made in addressing the backlog, glitches during the installation of a new computer system at the registry in March 2018 prompted a decision to focus on the handling of in-state violations at the expense of out-of-state notices because the board could not “fix it all at the same time,” Devaney said.
Brie-Anne Dwyer, an auditor with the Massachusetts Department of Transportation, which oversees the registry, testified that she told registry officials in March that she had discovered within the new computer system an “open queue” containing 12,899 unprocessed out-of-state notifications.
In an internal memo made public by the legislative committee, Dwyer said she asked Thomas Bowes, head of the Merit Rating Board, who was responsible for entering the information and that Bowes responded “nobody,” explaining his department had not been given sufficient staff resources to address the backlog amid the ongoing computer issues.
Asked hypothetically by one lawmaker if correcting the reporting issues promptly might have prevented the loss of life in the New Hampshire crash, Dwyer responded: “It’s possible.”
Registry officials have said an internal review prompted by the deadly crash has resulted in license suspensions for more than 1,600 Massachusetts motorists.
Zhukovskyy, 23, of West Springfield, Massachusetts, has pleaded not guilty to negligent homicide in connection with the crash. The seven who died in the collision with a pickup truck hauling a flatbed trailer were members of the Jarheads, a New England motorcycle club that includes Marines and their spouses.
The legislative panel heard testimony for more than seven hours Tuesday after its initial attempt to hold the hearing on July 22 was quickly suspended when the Baker administration declined to make certain officials available to testify, citing a desire not to interfere with an ongoing, independent audit of the registry.
On Monday, however, Baker told reporters that he expected any officials asked to appear before the committee to do so, and without any limitations on their testimony. Some Democrats have criticized Baker, claiming he failed to properly oversee the critical state agency.
Democratic Rep. William Strauss, the House chair of the committee, called the crash a “terrible tragedy” while acknowledging that the hearing would not alone resolve the complex issues involved.
“No one witness, no single document answers all the questions,” Strauss said.

Annual Youth Voices Summit has a rap music theme

HENNIKER, N.H. (AP) — An annual gathering of current and former foster youth in New Hampshire has a rap music theme this year.
Participants at Thursday’s Youth Voices Summit at New England College in Henniker will attend workshops on topics such as getting a college degree; finding a job; choosing a career; budgeting; self-advocacy; forming healthy relationships; and finding help for substance abuse.
This year’s keynote speaker is Ethan Birch also known as rapper Six 8. He’s been a vocal youth advocate at several national events, including the Future Business Leaders of America State Convention. In addition to providing the keynote address, Ethan will lead an afternoon workshop on positive rap.
The event will also include a listening session led by the Office of the Child Advocate and a youth talent show.