TOPEKA – A federal court Wednesday sided with Kansas and declared that the Obama-era Waters of the United States (WOTUS) rule exceeded federal authority and violated administrative procedures, according to Kansas Attorney General Derek Schmidt.
“From the beginning, it was clear to us that the WOTUS rule proposed by President Obama’s administration went far beyond the authority granted to the federal agencies by the Clean Water Act and did not go through the proper administrative procedures prior to its adoption,” Schmidt said. “This ruling agrees with our assessment and lays the groundwork for the Trump administration to continue its efforts to replace the illegal rule with one that instead complies with federal law.”
The ruling by Judge Lisa Godbey Wood in the U.S. District Court for the Southern District of Georgia granted summary judgment to the 10 plaintiff states, including Kansas.
Because the Trump administration already has begun the proper rulemaking process to repeal the illegal Obama-era WOTUS rule and replace it with a lawful rule, Judge Wood did not vacate the Obama-era WOTUS rule but instead left in place the preliminary injunction she entered last year. That injunction will continue to prohibit the implementation of WOTUS in Kansas and the other plaintiff states while the repeal-and-replace rulemaking proceeds.
WASHINGTON (AP) — President Donald Trump said Wednesday he was looking “very seriously” at ending the right to citizenship for babies born to non-U.S. citizens on American soil.
President Trump made the comments to reporters Wednesday before a trip to Kentucky -image courtesy White House
Trump spoke to reporters as he departed the White House for a speech in Louisville, Kentucky. He said birthright citizenship was “frankly ridiculous.”
“We’re looking at it very, very seriously,” he said.
This isn’t the first time Trump has claimed he’d do away with it — he said something similar in October.
But the citizenship proposal would inevitably spark a longshot legal battle over whether the president can alter the long accepted understanding that the 14th Amendment grants citizenship to any child born on U.S. soil, regardless of a parent’s immigration status.
James Ho, a conservative Trump-appointed federal appeals court judge, wrote in 2006, before his appointment, that birthright citizenship “is protected no less for children of undocumented persons than for descendants of Mayflower passengers.”
But Trump has said he was assured by his lawyers that the change could be made “just with an executive order” — an argument he has been making since his early days as a candidate, when he dubbed birthright citizenship a “magnet for illegal immigration” and pledged to end it.
There are no figures on how many foreign women travel to the U.S. specifically to give birth. The Center for Immigration Studies, a group that advocates for stricter immigration laws, estimated that in 2012 about 36,000 foreign-born women gave birth in the U.S., then left the country.
Places like Florida have seen in a boom in so-called “birth tourism.” Every year, hundreds of pregnant Russian women travel to the United States to give birth, paying from $20,000 to more than $50,000 to brokers who arrange their travel documents, accommodations and hospital stays. Sizable numbers of women from China and Nigeria also come to the U.S. for the same reason.
Trump’s comments Wednesday came as the administration continued to make immigration changes pushed by his hardline advisers that have been in the works for months. On Wednesday, the Department of Homeland Security announced it had moved to end a longstanding federal agreement that limits how long immigrant children can be kept in detention. The decision will almost certainly lead to a legal battle over the government’s desire to hold migrant families until their cases are decided.
The rule follows moves last week to broaden the definition of a “public charge” — a burden to the U.S. — to include immigrants on public assistance, potentially denying green cards to more immigrants. There was also a recent effort to effectively end asylum altogether at the southern border.
KANSAS CITY (AP) — Authorities say a teenager has been killed and a younger girl wounded in a Kansas City shooting.
Police on the scene of the fatal shooting investigation-image courtesy KCTV
Police say the shooting happened around 7:30 p.m. Wednesday after a disturbance outside a home. The teen victim was taken to a hospital, where he died. His name wasn’t immediately released.
Police say a girl who apparently was in the yard with the teen also was wounded. Relatives rushed her to a hospital, where she is listed in critical but stable condition. Police say she is under the age of 10.
No arrests have been made. The shooter also was a teen. No other description was provided.
FINNEY COUNTY — Law enforcement authorities are investigating a shooting death and have a suspect in custody.
Arroyo photo Finney Co.
Just after 8:30 a.m. Tuesday, the Finney County Sheriff’s Office received a call of a suicidal subject at 985 Starlight Drive. in Finney County, according to a media release.
Deputies responded and met with the property owner and the occupant of the residence and further determined that there was a deceased individual inside the residence.
Upon further investigation it was determined the victim, Gerardo Ramirez, age 25, had died of gunshot wounds. Ramirez was believed to reside in Garden City.
Further investigation with multiple individuals subsequently led to the arrest of Sergio Ramon Arroyo, age 26, of rural Finney County.
Arroyo is being held in the Finney Co. Jail on requested charges of 1st degree murder, possession of a stimulant, possession of paraphernalia, possession of hallucinogens, and a parole violation.
McPHERSON, Kan. – McPherson College has announced a gift of $1 million from Richard and Melanie Lundquist, noted California philanthropists.
The gift recognizes the work of renowned car restorer, Paul Russell and Company photo courtesy McPherson College
According to a media release, the gift recognizes the work of renowned car restorer, Paul Russell and Company, and was announced at a private event hosted by McPherson College at the Pebble Beach Concours d’Elegance. Russell serves as president of the college’s national advisory board for automotive restoration.
“We are committed to McPherson’s automotive restoration program, particularly since it is the only four-year program like it in the country,” Melanie Lundquist said. “The college strives to provide the best student experiences. We really enjoy the collaborative partnership we have developed with the college.”
Paul Russell and Company restored a 1938 Talbot-Lago T150-C SS Figoni and Falaschi Teardrop Cabriolet owned by the Lundquists that took top honors in Most Elegant Convertible class and was among four contenders for the Best of Show at this year’s Pebble Beach Concours.
“Having just gone through a concours-quality restoration project, the Lundquists appreciate the value of craftsmanship and understand the importance of educating the next generation of craftsmen,” Amanda Gutierrez, vice president for automotive restoration at McPherson College. “We are grateful that they have recognized McPherson College as an institution worthy of their support.”
Chris Hammond, a McPherson College graduate, was senior mechanical restorer on the project, and Paul Russell and Company currently employ three McPherson College graduates. Russell is a champion of educating the next generation of craftsmen and has been a long-time supporter of the McPherson College program.
“McPherson College is honored to be recognized with this gift from Richard and Melanie,” President Michael Schneider said. “This gift is evidence that the quality of education provided at McPherson College is valued. Our entire campus works hard providing outstanding educational opportunities and career experiences. This is a signal to the industry that we are committed to excellence and it takes people like the Lundquists stepping up to help us drive the future of this industry.”
The McPherson College Automotive Restoration program began in 1976 with funding from local entrepreneur, Gaines “Smokey” Billue, and has evolved into a nationally recognized and award-winning leader in restoration education, offering the only four-year bachelor’s degree for restoration technology in the country. The program offers student experience outside of the classroom at some of the most prestigious car events in the United States, like Pebble Beach. The college also has a growing alumni base who work in all facets of the car collecting world including Hagerty, Mercedes-Benz Classic Center, Historic Vehicle Association, RM Sotheby’s, in their own shops, and private collections.
WICHITA, Kan. (AP) — Kansas is fighting the compensation claim of a man who spent 23 years in prison for a double homicide before a judge vacated his convictions, which were secured despite a complete lack of physical evidence and motive tying him to the crimes.
In February 2018, Lamonte McIntyre spoke to a Kansas Senate committee. He was exonerated after 23 years in prison. Photo by Stephen Koranda/KANSAS NEWS SERVICE
Lamonte McIntyre’s case was one of three that helped prompt the state last year to allow the wrongfully convicted to seek compensation. When signing that bill into law, then-Gov. Jeff Colyer publicly apologized to McIntyre and the other men.
The state attorney general’s office supported the other two men’s petitions for compensation and a declaration of innocence, but it issued a statement saying it couldn’t do so for McIntyre because it found “the record of prior judicial proceedings” in his case to be “insufficient.” It said it will be up to the court to decide and recommended that the court deny McIntyre’s claim.
McIntyre’s lawyer blasted the move, saying the attorney general’s office could conduct its own investigation into McIntyre’s case.
CHEYENNE COUNTY — Law enforcement authorities are investigating a report of someone allegedly impersonating an officer.
According to the Cheyenne County Sheriff’s Department, an unmarked black Dodge pickup with emergency lights is attempting to pull over vehicles in Cheyenne County claiming to be a deputy for the Cheyenne County Sheriff’s Office.
The sheriff told residents “If an unmarked black Dodge pickup attempts to pull you over do not stop and call 911. The last known direction of travel was East on U.S. 36 just East of Wheeler. All of the Cheyenne County Sheriff’s vehicles are either gray Ford pickups or white Ford Explorers. All of our vehicles are marked with “Cheyenne County Sheriff”
SEDGWICK COUNTY – Law enforcement authorities are investigating an attempted murder and have made an arrest.
Shely photo Sedgwick Co.
Just after 10a.m. Monday police at the patrol north station in Wichita were contacted by a 30-year-old man who had been shot twice, according to officer Charley Davidson.
EMS transported the man to an area hospital for treatment.
An investigation has revealed that a suspect later identified as 31-year-old Charles Shely of Wichita, the victim and a 48-year-old acquaintance were traveling northbound in a 1993 Ford Explorer on Interstate 135 near 21st Street.
During a disturbance Shely pulled out a handgun and shot the victim, according to Davidson.
The driver pulled to the side of the road and Shely fled on foot from the SUV. The driver then took the victim to the patrol north station. A KHP trooper located Shely in the 2500 Block of North Kansas Avenue and took him into custody. Police also located a handgun in the vehicle.
Shely is being held on $250,000 bond on a requested charge of attempted first-degree murder, according to online jail records.
LAWRENCE, Kan. (AP) — A teenager who brought a gun to Lawrence High School has been sentenced to nine months of probation.
The boy was sentenced Wednesday after pleading no contest in June in juvenile court to misdemeanor criminal use of a weapon.
Charges stem from an incident on Feb. 6, when the boy was called to an assistant principal’s office when he threw his school-issued laptop at a door.
Prosecutor Bryant Barton has said the assistant principal found a loaded handgun in the boy’s bag.
The district says no students or staff were threatened with the gun.
Another teenager who brought a loaded gun to the school a week after this incident pleaded no contest to the same misdemeanor charge and was sentenced in July to six months of probation.
WASHINGTON – A researcher at the University of Kansas (KU) was indicted Wednesday on federal charges of hiding the fact he was working full time for a Chinese university while doing research at KU funded by the U.S. government.
Tao photo University of Kansas
Feng “Franklin” Tao, 47, Lawrence, Kansas, an associate professor at KU’s Center for Environmentally Beneficial Catalysis (CEBC), is charged with one count of wire fraud and three counts of program fraud. He was employed since August 2014 by the CEBC, whose mission is to conduct research on sustainable technology to conserve natural resources and energy.
“Tao is alleged to have defrauded the US government by unlawfully receiving federal grant money at the same time that he was employed and paid by a Chinese research university—a fact that he hid from his university and federal agencies,” said Assistant Attorney General Demers for National Security. “Any potential conflicts of commitment by a researcher must be disclosed as required by law and university policies. The Department will continue to pursue any unlawful failure to do so.”
The indictment alleges that in May 2018 Tao signed a five-year contract with Fuzhou University in China that designated him as a Changjiang Scholar Distinguished Professor. The contract required him to be a full time employee of the Chinese university. While Tao was under contract with Fuzhou University, he was conducting research at KU that was funded through two U.S. Department of Energy contracts and four National Science Foundation contracts.
Kansas Board of Regents’ policy requires staff to file an annual conflict of interest report. In Tao’s reports to KU, he falsely claimed to have no conflicts of interest. The indictment alleges that he fraudulently received more than $37,000 in salary paid for by the Department of Energy and the National Science Foundation.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000 on the wire fraud count, and up to 10 years and a fine up to $250,000 on each of the program fraud counts.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the assigned judge.
The University of Kansas cooperated and assisted in the FBI’s investigation. Assistant U.S. Attorney Tony Mattivi is prosecuting.
