JEFF FORTENBERRY CHALLENGES CONVICTIONS, BUT FEDS FIRE BACK

LINCOLN - In March, a jury swiftly and decisively convicted then-U.S. Rep. Jeff Fortenberry of two counts of lying to federal agents and one count of trying to conceal the source of $30,000 in dirty campaign funds.

The former Nebraska congressman is now seeking to have those convictions overturned. Fortenberry posits that any misstatements he made were not substantive, or material, to federal authorities' investigation.

It is not enough to lie to federal agents to be convicted under federal law; the lie must be in regard to something substantial and it must throw off an investigation.

Fortenberry's attorneys argued: So what if Fortenberry claimed to not know he was told that $30,000 in campaign contributions came from a Nigerian billionaire? It had no effect on federal agents because they already knew the billionaire had funneled the money.

“The law does not criminalize every false statement that is made to the government,” Fortenberry’s attorney, John Littrell, wrote in a recent brief. “(It) criminalizes only the falsification or concealment … of a material fact.

U.S. District Judge Stanley Blumenfeld Jr. scheduled a hearing on that motion for June 28, the same day he is set to sentence Fortenberry in Los Angeles.

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NEW LICENSE PLATE EVOKES CREATIVE USE OF NEBRASKA'S NATURAL RESOURCES

LINCOLN- Nebraska's new license plate was unveiled at a ceremony earlier this week. A mosaic depicting a Roman chariot driver with flowing hair and ripped muscles will become the new design in 2023.

First Lady Susanne Shore, who led development of the new plate, joined her husband, Gov. Pete Ricketts, and others in saying the mosaic, which is the first one visitors see on tours of the State Capitol, will show Nebraska as more than cattle, windmills and sunsets — the traditional icons used on state plates.

“It’s like the crown jewel of all the pieces” of art in the State Capitol, said Drew Davies, an Omaha brand and design consultant, who designed the plate.

The mosaic, entitled “The Genius of Creative Energy,” is one of several on the second floor of the State Capitol done by artist Hildreth Meière in 1927 to depict the story of Nebraska.

By state law, the state license plate must be changed every six years. Ricketts said he selected his wife for the project because she had a “passion” for the project — and because she picks out the wall colors in their home.

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NEBRASKA GOVERNMENT BUILDING TO BE RENAMED FOR CHIEF STANDING BEAR

LINCOLN- Come July, the Executive Building just west of the State Capitol will be officially dedicated as the Chief Standing Bear Justice Administration Building.

New flooring, modern lighting, and other updates will be part of the $215,000 interior rehab of the five-story structure in downtown Lincoln.

But upon entering the building, workers and visitors will see the more artistic and dramatic reminders of the tragedy-to-triumph story behind the building’s namesake.

Those elements include a bust of the Ponca chief that was created by sculptor Benjamin Victor and is to be displayed outside the main doors.

A signature mural spanning a main wall just inside the entrance is to be finished in the next few days by artist Sarah Harris. The painting offers passers-by a creative account of pivotal points in Standing Bear’s journey.

Jason Jackson, director of the Nebraska Department of Administrative Services, said state officials thought Standing Bear was a fitting choice to honor, given that the building’s offices are occupied by professionals who support justice administration throughout the state.

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OMAHA CASINO EYES SUMMER GROUNDBREAKING

OMAHA- If everything goes smoothly, gamblers could possibly be hitting the casino next spring in Omaha.

WarHorse Gaming — a subsidiary of Ho-Chunk Inc., the economic development arm of the Winnebago Tribe of Nebraska — intends to break ground this summer on what it calls a “dynamic casino, racing and entertainment complex” at the current site of Horsemen’s Park near 63rd and Q streets.

The expansive facility will hold gambling tables and more than 1,200 gaming machines, as well as live and simulcast racing. There are also plans for a live entertainment stage, multiple bars, a food hall and a coffee shop.

WarHorse said they expect the groundbreaking ceremony at the Omaha location to take place sometime in mid- to late summer. When construction commences in the existing building, simulcasting will be moved to temporary trailers on the infield to continue operations.

Once renovations are complete, a transitional facility will be set up with roughly 800 gambling machines. A spokesperson said the temporary casino should be ready for public use about 10 months after the groundbreaking.

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NEBRASKA AUDITOR FINDS ISSUES WITH NOMI HEALTH TESTNEBRASKA CONTRACT

LINCOLN - The Nebraska state auditor found reason to question whether the state received nearly 400,000 COVID-19 tests promised in a contract with the Utah-based company that operated TestNebraska.

Questions that arose over the tests were just one issue the Nebraska Auditor of Public Accounts found with the TestNebraska contract between the state and Nomi Health, according to a management letter released Wednesday, June 1.

The audit noted issues with documentation being provided and keeping contract language clear and unambiguous - both of which are issues that can increase the risk for loss or misuse of funds, according to the letter.

Nebraska was supposed to receive 1.2 million test kits according to the contract signed in April of 2020. However, the Department of Administrative Services, which handles state contracts, didn't have documentation proving the state received more than 803,000 of them.

No documents exist that can trace a list showing 1.23 million kits received to supporting documents, such as receipts. This led the auditor to question whether the state actually received nearly 397,000 kits - valued between $9.9 million and $12.9 million.

The Department of Administrative Services provided documentation that indicates the state received at least 995,900 kits and indicated there was a lack of packing slip documentation during the pandemic.

The department told teams receiving the kits about documentation procedures and expectations, which included filling out a form. However, DAS acknowledged some did not adhere to those expectations.

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STATE ENVIRONMENTAL CONCERN REPORT FILED FOR CHEMICALS INSIDE NOX-CRETE PLANT THAT BURNED FOR HOURS

OMAHA- Following a large fire at Omaha chemical plant Nox-Crete, the company filed a concern report with the Nebraska Department of Energy and Environment.

That document says "acids, bases, and solvents in large quantities were involved in the fire, but no details are available yet. The company will provide additional information when it becomes available."

It goes on to say “mineral spirits (liquid), naphtha (liquid) and acid NOS (liquid)" were released. Two of those listed are petroleum, the other, is a caustic acid per the filing.

Douglas County health reports no impact to air quality, but doctors said those who may have breathed in any of that smoke could be at risk.

Doctors advise those to be aware of any odd symptoms in the days to come and to go to the doctor if experiencing anything out of the ordinary. In the scope of the long term, Doctors are still uncertain as to what chemicals were in the fire, what the effects are under heat, and the overall weight of concern.

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COVID RELATED HOSPITALIZATIONS TICK UP IN NEBRASKA

LINCOLN- The spring virus rise continues to rick upwards in Nebraska as omicron subvariants travel around.

An average of 86 people were hospitalized with COVID in Nebraska for the week ending May 28th, up 19% from 72 a week earlier, according to figures from the federal Centers for Disease Control and Prevention.

Statewide case numbers were down slightly last week, according to the CDC, but that appeared to be due to a delay in reporting some positive test results over the Memorial Day weekend. Daily numbers earlier in the week suggest cases were up about 10% from the previous week, which would mark the seventh straight weekly increase in Nebraska.

The Nebraska Department of Health and Human Services’ respiratory illness dashboard indicated that the state recorded 2,017 new COVID cases for the week ending May 28. That also represents an increase from the preceding week. The positivity rate of 11.6% also was up significantly from 5.1% at the end of April.

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'STAFFING EMERGENCY' SOON TO END AT NEBRASKA STATE PENITENTIARY

LINCOLN — A staffing emergency in place since October 2019 at the Nebraska State Penitentiary in Lincoln will soon be lifted.

Nebraska Corrections Director Scott Frakes announced Wednesday, June 1 that normal work schedules, and normal inmate activities, will return on July 18.

The State Pen had been on an altered, seven-day, 12-hour operations schedule due to a staff shortage. Visitation time was cut back, as well as limits on inmate recreation and rehabilitation programs.

Salary increases and hiring bonuses attracted applicants and provided an influx of 472 new hires, allowing the emergency to end.

There are now just 18 job vacancies in protective services at the penitentiary now, compared to 76 in December 2021.

The staffing emergency lasted longer than anticipated, Frakes said, “but throughout the pandemic, the schedule served us well while dealing with the challenges brought by COVID.”

Returning to a 16-hour operational day for inmates means four more hours a day for volunteer programs, recreation, and other pro-social activities, which improves conditions for inmates, Frakes said. Returning to 40-hour work weeks for most employees helps with their work-life balance, he said.

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PASSENGER AND FREIGHT RAIL PROJECTS IN 32 STATES GET MILLIONS FROM U.S. DOT

WASHINGTON — The U.S. government is doling out millions of dollars to railroad projects throughout the country in hopes of improving supply chains and passenger rail service.

More than 46 projects will receive $368 million in Consolidated Rail Infrastructure and Safety Improvements to improve safety and broaden the nation's rail infrastructure, including one in Nebraska.

Transportation Secretary Pete Buttigieg commented saying that railroads have become congested when cargo moves from shipyards to trains, leading to "higher costs and longer delays for Americans and for businesses."

The grants will go to projects in 32 states, with nearly double the 25% minimum investment going to rural communities, according to Amit Bose, administrator of the Federal Railroad Administration.

The rural projects, Bose said, include $8.3 million for a Florida Panhandle rural capacity expansion, “which will allow the Florida Gulf and Atlantic Railroad to move critical goods in rural areas,” as well as $11 million to upgrade the Cimarron Valley Railroad in southwest Kansas that will “help agricultural and biodiesel producers move more goods more quickly.”

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GRAND ISLAND CRANE TRANSIT LOOKING AT CONTRACTING WITH RIDESHARE COMPANY FOR SERVICES

GRAND ISLAND- The answer to Grand Islands transit problems remains a growing concern for CRANE transit.

Contracting with an Uber-style company for “mobility on demand” services for the community is one solution being considered.

A series of Go GI focus group sessions held this week at Grand Island City Hall proposed other alternatives and took input from the community on how to improve local transit.

The responses from these focus groups will be used to help draft a development plan that is headed by the Grand Island Area Metropolitan Planning Organization. Focus Groups began in December and stretch through September of this year.

So far, three options have been proposed: Expansion of current service; service addition, potentially “mobility-on-demand” and going to a fixed-route system.

“Mobility on demand” summons and pays for a ride via mobile phone, examples being Uber and Lyft.

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VILSACK OFFERS INTEGRATED PLAN FOR DOMESTIC FOOD PRODUCTION

WASHINGTON, D.C. - The Biden administration has set aside billions of dollars to help the nation’s food supply chain recover from the coronavirus pandemic — and, more recently, the looming global effects of Russia’s invasion of Ukraine — and on Wednesday, June 1, it announced new funding and a comprehensive overview of how those initiatives mesh.

“A transformed food system is part of how we as a country become more resilient and competitive in the face of these big and future challenges and threats,” U.S. Secretary of Agriculture Tom Vilsack said Wednesday at Georgetown University in Washington, D.C.

After the pandemic exposed the deficient resilience of the nation's meat processing industry, in part because of the industry's consolidation over the years, the White House said that increasing the processing capability has been a primary focus for the nation. The top four meatpacking companies control 85% of the beef market, 70% of the pork market, and more than 50% of the chicken market.

Livestock producers lost a significant amount of their sales when the coronavirus put a halt to large processing facilities, forcing some to euthanize their animals.

A push for efficiency led to the consolidation of the meatpacking industry, but the COVID-19 pandemic demonstrated the need for balance and resilience, Vilsack concluded.

In response, the USDA created the Meat and Poultry Processing Expansion Program to provide up to $375 million to aid the creation or expansion of smaller, independent processors. The first phase of the program that recently closed for applications is poised to distribute about $150 million in grants. Funding requests totaled more than $800 million, the USDA reported.

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RICKETTS POINTS TO MENTAL HEALTH CARE NEEDS IN WAKE OF NEW GUN VIOLENCE

LINCOLN — Gov. Pete Ricketts pointed Thursday, May 26 to the need for more mental health services to help identify and assist troubled Americans as a means of addressing gun violence like this week's most recent attack that killed 19 children and two teachers at an elementary school in Texas.

"The gun is just a tool," the governor said in answering a question from Jeff Zeleny, chief national affairs correspondent for CNN, during a speaking appearance at the University of Chicago's Institute of Politics.

Ricketts went on to say that depriving Americans of their 2nd Amendment gun ownership rights is not the answer to gun violence. Instead, it is important to "look for signs" of mental illness that may lead to violence and address those needs, he added.

He also said he is "open to ideas to be preventative" in addressing gun violence within the context of protecting the 2nd Amendment.

Ricketts also commented on the sharp political division that's apparent in the country today, especially in the wake of gun violence.

"Politics (in America) has always been divisive," Ricketts said. "We'll get through this ... but it's not going to happen fast."

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ORGANIZERS SAY NEBRASKA MEDICAL MARIJUANA PETITIONS ARE BACK ON TRACK

LINCOLN- Nebraskans for Medical Marijuana said it was nearing the halfway point in its campaign to qualify a pair of petitions that would legalize the use of cannabis for medical treatments for the November ballot.

State Sen. Anna Wishart of Lincoln, a co-sponsor of the petitions, said the group is on track to gather the 87,000 signatures needed before the July 7 deadline, despite several setbacks earlier this year.

“We are really pulling together a campaign,” Wishart said, “and we’ve got a ton of people who have gotten out of the house to come grab a petition and collect signatures.”

At the start of May, Nebraskans for Medical Marijuana had collected roughly 20,000 signatures for each of its two petitions. This week, the campaign reported that 40,000 people had signed petitions.

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HERBSTER FIGHTS THE SCOPE OF SUBPOENAS AGAINST "TRUMP WORLD" TRIO WHO HELPED HIM

OMAHA — It’s not a question of if but how deeply “Trump world” will be dragged into dueling lawsuits between Nebraska businessman Charles Herbster and State Sen. Julie Slama.

Recent documents filed in Slama's counter-lawsuit against Herbster show that her lawyers are working to subpoena records from at least three longtime aides of former President Donald Trump.

The three aides included are former Trump spokeswoman Kellyanne Conway, who served as Herbster’s national campaign manager; Corey Lewandowski, a Trump campaign manager and Herbster consultant; and David Bossie with Citizens United, who helped run Trump’s 2016 campaign and also consulted for Herbster.

Herbster's legal team is attempting to narrow the scope of the subpoenas sent, arguing that some records and information reach beyond the scope of Slama's allegations.

His attorneys also objected to the scope of subpoenas sent to two members of Herbster’s former campaign staff: campaign manager Ellen Keast and spokeswoman Emily Novotny.

The first court hearing is scheduled for June 14 in Johnson County District Court. The hearing will be held at the Gage County Courthouse in Beatrice to accommodate the judge, whose assignment covers multiple counties.

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STATE ASKS JUDGE TO KEEP COUNTY REQUIREMENTS FOR PETITIONS IN PLACE

LINCOLN- Lawyers representing the state asked a federal judge to throw out a lawsuit challenging Nebraska’s requirements for qualifying ballot initiatives, saying that doing so would “drastically change” the initiative process in the state.

The lawsuit, filed earlier this month by Crista Eggers, a statewide campaign coordinator for Nebraskans for Medical Marijuana’s pair of petitions now being circulated, asserts the requirements for gathering signatures are unconstitutional.

Nebraska’s state constitution requires petitions to obtain the signature of 5% of voters in 38 of the state’s 93 counties, which Eggers’ lawsuit alleges violates the equal protection and due process clauses of the 14th Amendment, and violates the First Amendment rights of voters.

Replying on behalf of Evnen, the Nebraska Attorney General’s Office said the signature-gathering requirement was integral to the initiative process in the state, and that doing away with it would effectively cut rural Nebraskans out of the qualification process.

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EARLY VOTING HAS BEGUN IN NEBRASKA'S FIRST DISTRICT SPECIAL ELECTION

OMAHA — Nebraska voters can start casting in-person early ballots as of May 31st for the June 28 special election, which will determine who will finish the final six months of former Rep. Jeff Fortenberry’s term, following his resignation in March.

Voters in all of Butler, Cass, Colfax, Cuming, Dodge, Lancaster, Madison, Platte, Seward, and Stanton Counties, as well as voters in parts of Polk and Sarpy Counties, make up Nebraska's 1st Congressional District.

The candidates running to replace Fortenberry are State Sen. Mike Flood of Norfolk, a Republican and former speaker of the Legislature, and State Sen. Patty Pansing Brooks of Lincoln, a Democrat.

According to the Nebraska Secretary of State's Office, already-requested early voting ballots will be sent out Tuesday by county election officials.

June 17 is the last day to request a ballot by mail for the special election.

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KEVIN MCCARTHY WILL HEADLINE EVENT IN LINCOLN FOR MIKE FLOOD

LINCOLN - House Republican Leader Kevin McCarthy will headline a fundraising luncheon for 1st District GOP congressional candidate Mike Flood at the Country Club of Lincoln on Friday.

The $100-per-person event will include "sponsorship level" donations up to $5,800.

McCarthy will likely become Speaker of the House if Republicans gain majority control following the November elections.

Although, the California Republican has been scrutinized lately for his refusal to cooperate with subpoenas to appear before the House special committee investigating the Jan. 6 attack on the Capitol.

McCarthy had been in contact with former President Donald Trump during the day's events.

"For House Republican leaders to agree to participate in this political stunt would change the House forever," McCarthy wrote in a recent op-ed for the Wall Street Journal shared with Rep. Jim Jordan of Ohio, who also declined to honor a subpoena to appear before the special committee.

Flood is facing off against Democratic candidate Patty Pansing Brooks of Lincoln in a June 28 special election to fill the last six months of former Republican Rep. Jeff Fortenberry after he resigned from the House due to his conviction on charges of lying to federal officials about illegal foreign campaign contributions.

Flood and Pansing Brooks will meet again in November in a rematch for election to a new two-year term, beginning in January.

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LINCOLN FIRE UNION BACKS FLOOD OVER PANSING BROOKS IN SPECIAL ELECTION

LINCOLN- State Sen. Mike Flood picked up a union endorsement that gives him new foot soldiers in the door-to-door push to turn out his voters in the June 28 special election that will decide who finishes out the term of former U.S. Rep. Jeff Fortenberry.

The Lincoln Fire Fighters Association endorsed Flood, a former speaker of the Legislature from Norfolk.

The roughly 300-member union picked Flood, a Republican, over his opponent, State Sen. Patty Pansing Brooks of Lincoln, a Democrat. Union president Adam Schrunk said 1st District voters have two good choices in June but said Flood was “the best.”

“We put politicians through a fairly involved process so that when we attach our name to them, we can be sure they’ll be the advocates for public safety that they say they will,” Schrunk said. “He’s proven to be that kind of elected official already.”

Pansing Brooks said she was disappointed by the union’s choice but said she will still “be their champion in Congress, just as I have in the Nebraska Legislature.”

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COMPLAINTS SURFACE OVER NEBRASKA VOTER I.D. PETITION CIRCULATORS

LINCOLN- Secretary of State says it's not uncommon to receive complaints on petitions where signatures are being sought. Although the complaint received earlier this week from Senator Carol Blood is a first.

“The complaint has been that the signature collector has claimed to be a state employee that’s not a complaint we have heard before,” said Secretary of State Bob Evnen.

When the secretary of state receives complaints, they forward them to the petition organizers where they can address them.

“There were two separate complaints, based on what I know. We are investigating, but we believe it’s an extremely isolated incident right now,” said Senator Julie Slama, the spokeswoman for Citizens for Voter I.D.

Carol Blood does not believe the incident is isolated saying, “Emails and messages through social media claim that this has happened all over the state. So we know its not a one or two-time incident we know its happening when they are going door to door."

Senator Carol Blood says she likes when Nebraska voters get to vote on what's important to them but the way this is getting done isn’t the right way.

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TIMING AND ABORTION DECISION COULD INFLUENCE JUNE 28 HOUSE RACE BETWEEN FLOOD, PANSING BROOKS

PLATTSMOUTH- A third of Nebraska gets no summer break from voting this year. The state set a June 28 special election to fill the 1st Congressional District’s open House seat.

Nebraska must select someone to finish the last six months of former Rep. Jeff Fortenberry’s term. He resigned in March after a federal jury convicted him of three felonies.

Two former state senators are in the running to replace him — Republican Mike Flood, a former Speaker of the Legislature from Norfolk, and Democrat Patty Pansing Brooks, a lawmaker from Lincoln.

Both candidates agree that motivating voters to turn out for the special election, just a month after the primary, is one of the most difficult aspects of running. Typically they would expect a breather from political campaigning.

"The critical issue right now is getting people out, recognizing they’re all exhausted,” Pansing Brooks said.

Flood said he intends to focus on "kitchen table issues" like trying to slow the inflationary pressures on food and fuel costs by cutting federal spending.

Pansing Brooks said she wants to curb inflation, too. But she’s seen a change in what voters emphasize since the leak of a potential Supreme Court ruling that could overturn Roe vs. Wade.

Flood advocates outlawing abortion in Nebraska and voted for a late-term abortion ban. Pansing Brooks backs abortion rights and helped to filibuster a bill that Flood co-sponsored to ban abortion if the Supreme Court acts.

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