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Iowa Supreme Court Opinions November 16, 2012 PDF Print E-mail
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Written by Iowa Judical Branch   
Friday, 16 November 2012 11:19
Notice: The opinions posted on this site are slip opinions only. Under the Rules of Appellate Procedure a party has a limited number of days to request a rehearing after the filing of an opinion. Also, all slip opinions are subject to modification or correction by the court. Therefore, opinions on this site are not to be considered the final decisions of the court. The official published opinions of the Iowa Supreme Court are those published in the North Western Reporter published by West Group.

Opinions released before April 2006 and available in the archives are posted in Word format. Opinions released after April 2006 are posted to the website in PDF (Portable Document Format).   Note: To open a PDF you must have the free Acrobat Reader installed. PDF format preserves the original appearance of a document without requiring you to possess the software that created that document. For more information about PDF read: Using the Adobe Reader.

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NOTE: Copies of these opinions may be obtained from the Clerk of the Supreme Court, Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319, for a fee of fifty cents per page.

No. 11–1484

HENRY A. BAGELMANN, JR. and MARY JO BAGELMANN vs. FIRST NATIONAL BANK and IOWA BANKERS MORTGAGE CORPORATION

No. 12–0098

MICHELLE POSTELL vs. AMERICAN FAMILY MUTUAL INSURANCE CO.

 
Grassley Presses Holder, Mueller for Answers on FBI’s Handling of Petraeus Matter PDF Print E-mail
News Releases - General Info
Written by Grassley Press   
Friday, 16 November 2012 11:18
WASHINGTON – Senator Chuck Grassley, Ranking Member of the Senate Judiciary Committee, which has oversight jurisdiction of the FBI, is pressing Attorney General Eric Holder and FBI Director Robert Mueller for details about the roles of the Department of Justice and the FBI in the investigation that revealed an extramarital affair by the former Director of the Central Intelligence Agency, General David Petraeus.

In a letter sent today to Holder and Mueller, Grassley asked for a full briefing on the matter, as well as answers to several questions including a timeline of events, an explanation as to how the FBI got involved, information on the legal authority used to pursue electronic communications involved in the investigation, if the FBI shared information regarding the investigation with military criminal investigation organizations, and the legal analysis conducted to determine if the White House, including the President, should be notified.

“A number of questions have been raised about the FBI’s actions during the course of its investigation of the Petraeus matter.  It would be best for the administration to be forthright and transparent so the country can feel comfortable that our chief domestic law enforcement agency is doing everything properly under the law to protect national security,” Grassley said.

Here is a copy of the text of Grassley’s letter.  A signed copy can be found here.

 

November 15, 2012

Via Electronic Transmission

The Honorable Eric H. Holder, Jr.                            The Honorable Robert S. Muller, III

Attorney General                        Director

U.S. Department of Justice                        Federal Bureau of Investigation

950 Pennsylvania Avenue, N.W.                           935 Pennsylvania Avenue, N.W.

Washington, DC  20530                          Washington, DC 20535

 

Dear Attorney General Holder and Director Mueller:

 

I write today regarding the recent resignation of Director of Central Intelligence (DCI) General David Petreaus and the involvement by the U.S. Department of Justice (Department), including the Federal Bureau of Investigation (FBI), in uncovering information that revealed an extramarital affair cited by General Petreaus as a reason for his resignation.  On Tuesday, my staff received a very brief preliminary call with an official from the FBI who declined to discuss the matter, citing its ongoing nature.  However, the FBI official suggested my staff issue a formal request to the Department.

 

Yesterday, the Director provided a closed door briefing to members of the House Permanent Select Committee on Intelligence, the Senate Select Committee on Intelligence, and Chairman Leahy of the Senate Committee on the Judiciary.  As the Ranking Member of the authorizing committee of jurisdiction for the Department and the FBI, and given the numerous press reports on this matter, including information alleged to have been provided by government sources, I request a detailed briefing to discuss this matter and provide concrete facts surrounding this resignation and the Department’s involvement.

 

Specifically, I would ask that any briefing include the following information:

 

(1)   a timeline of events from initial contact with FBI personnel through the current status of the inquiry,

 

(2)   an explanation of how and why the FBI opened the inquiry,

 

(3)   a detailed list of personnel who signed off on the investigation,

 

(4)   a detailed account of the legal authorities used to obtain each of the electronic communications of those involved, and the role, if any, of any U.S. Attorneys’ Offices,

 

(5)   an explanation of timing and circumstances of how you and the FBI Director first learned of this inquiry and when the White House was notified of the inquiry,

 

(6)   a description of Department employee’s contacts with Congress prior to the election and whether the Department considers those contacts protected whistleblower disclosures,

 

(7)   an explanation of whether the FBI shared information regarding the investigation with investigators from various military criminal investigation organizations (including Army Criminal Investigation Command (CID), Air Force Office of Special Investigations (OSI), or Navy Criminal Investigative Service (NCIS)) and when that information was shared,

 

(8)   a description of the status of any related reviews being conducted by the FBI Inspections Division, the Office of Professional Responsibility, the Deputy Attorney General’s Office, or the Office of Inspector General, including any related to public reports of alleged communications between an FBI agent and a witnesses that involved inappropriate photographs or text,

 

(9)   an explanation of whether the extramarital affair was uncovered during the initial background investigation conducted by the FBI prior to General Petreaus’ confirmation as DCI

 

(     10)                       an explanation of any legal analysis conducted by any component of the Department, including the FBI, regarding whether you or the FBI Director were obligated by law to report the investigation of DCI Petreaus to the President or any other government official.

 

Thank you for your attention to this important matter.  To address the questions raised by this matter, I ask that you provide a briefing no later than November 28, 2012.

Sincerely,

 

 

 

Charles E. Grassley

Ranking Member

 

 

Cc:       The Honorable Patrick Leahy

Chairman

 
LOCAL PHOTOGRAPHERS JESSE INSKEEP AND JEFF WROS JOINS WORLD-WIDE MOVEMENT HELP-PORTRAIT IN PROVIDING FREE PROFESSIONALLY-DONE PORTRAITS FOR THOSE IN NEED PDF Print E-mail
News Releases - General Info
Written by Jason Holtgrewe   
Friday, 16 November 2012 11:14
During the month of December, photographers from across the world will use their skills to give back to their local community. It’s a movement called Help-Portrait, and local photographers Jesse Inskeep and Jeff Wros are joining the movement to serve the Quad Cities on December 1st.

Help-Portrait’s purpose is simple: grab your camera, find people in need, take their picture, and give them the prints free-of-charge.

“I have very few photographs from when I was growing up as my family didn’t have the time or money to make it a priority,” says Inskeep. “Now that I’m older and especially now that I have a daughter, it makes me sad that she’s not able to see portraits of what I looked like when I was her age. My hope is that those who come to Help-Portrait will leave with something they’ll treasure for generations.”

Last year Inskeep and Wros participated in Help-Portrait for the first time and were able to give nearly 30 families professionally-done portraits. This year they’re hoping to do even more. And this year, like last, will include a team of hairstylists and makeup artists at the event to make sure each person getting their picture taken looks their best.

Help-Portrait will be hosted by Connection, a church in Bettendorf. Connection has helped Inskeep and Wros spread the word by promoting the event at Connection’s Food Pantry and reaching out to local shelters. “The Holidays can be tough for many; our hope in hosting Help- Portrait is to help those going through a tough time feel beautiful and valuable,” says Jason Holtgrewe, one of Connection’s pastors.

Those interested in coming to Help-Portrait can reserve their time-slot by calling 309.524.5024.

Help-Portrait takes place at Connection on December 1st from 12-4pm. Connection is located at  4374 State Street, Suite 2, Bettendorf, IA 52722 and can be contacted by calling 563.355.0919 or by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

 
Update to Whistleblower Protection Act Clears Senate, Ready for President’s Signature PDF Print E-mail
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Written by Grassley Press   
Friday, 16 November 2012 10:46
WASHINGTON – Legislation to provide a much needed update to the Whistleblower Protection Act has passed the Senate and is now expected to be signed into law by the President.

Grassley said that whistleblowers are being denied the protections they should have under the law because of decisions of the Merit Systems Protection Board, the Federal Circuit Court of Appeals, and a general anti-whistleblower sentiment found in executive branch agencies.

Grassley co-authored the 1989 Whistleblower Protection Act with Senator Carl Levin of Michigan.  The law provides protection for federal employees who expose waste, fraud and abuse in federal agencies.  Grassley introduced the update, the Whistleblower Protection Enhancement Act, with Senators Daniel Akaka of Hawaii, Susan Collins of Maine and Joe Lieberman of Connecticut.

"This much needed update helps whistleblowers who risk their careers by sticking their necks out to simply tell the truth.  The Whistleblower Protection Enhancement Act is an important step forward, but improvements are still needed to ensure that intelligence community whistleblowers receive the protection they deserve for uncovering fraud deep within the bureaucracy," Grassley said.

A long-time advocate for whistleblowers, Grassley has stood up against the heavy hand of the bureaucracy – regardless of whether Republicans or Democrats were in charge -- for individual whistleblowers from the Pentagon, the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the IRS, the Interior Department, the Department of Health and Human Services, the Food and Drug Administration, and the Securities and Exchange Commission.

In addition to co-authoring the 1989 whistleblower law, Grassley also authored the 1986 update of the False Claims Act to include qui tam provisions that empower private citizens, who had information about fraudulent activity by government contractors, to bring wrongdoing forward and sue in the name of the government.  To date, these whistleblower provisions have recovered more than $30 billion for taxpayers that otherwise would be lost to fraud.

In 2009, Grassley and Senator Patrick Leahy won passage of the Fraud Enforcement and Recovery Act which made the most significant improvements to the False Claims Act since 1986.  The law restores the scope and applicability of the False Claims Act where it had been limited by court decisions.  This effort also revised criminal laws to help prosecute mortgage fraud, securities fraud, and complex financial crimes that led to the 2008 financial crisis.

In addition, Grassley authored the 2006 overhaul of the IRS whistleblower program to fight major tax fraud.  The IRS recently paid out its largest award ever, but has acknowledged, after scrutiny from Grassley, that the agency must be more timely and responsive in processing whistleblower claims.

Once signed into law, the Whistleblower Protection Enhancement Act of 2012 will:

·         clarify that any disclosure of gross waste or mismanagement, fraud, abuse, or illegal activity may be protected, but not disagreements over legitimate policy decisions;

·         suspend the sole jurisdiction of the Federal Circuit Court of Appeals over federal employee whistleblower cases for two years;

·         extend Whistleblower Protection Act coverage and other non-discrimination and anti-retaliatory laws to all employees of the Transportation Security Administration;

·         clarify that whistleblowers may disclose evidence of censorship of scientific or technical information under the same standards that apply to disclosures of other kinds of waste, fraud, and abuse;

·         codify the anti-gag provision, which Grassley originally got passed, that has been part of every Transportation-Treasury Appropriations bill since 1988;

·         establish Whistleblower Protection Ombudsmen to educate agency personnel about whistleblower rights; and

·         provide the Office of Special Counsel with the independent right to file "friend of the court" briefs, or amicus briefs, with federal courts.

 

 

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Grassley has cast 11,000 votes in U.S. Senate PDF Print E-mail
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Written by Grassley Press   
Friday, 16 November 2012 10:14

Working for Iowa puts Grassley on list with 23 others in Senate history

WASHINGTON – Senator Chuck Grassley has cast his 11,000 Senate vote.  Only 23 senators in history have cast more votes than Grassley.

In addition, no senator serving today has gone as long as Grassley has without missing a vote.  Grassley has cast 6,473 consecutive votes.

“Not missing votes is a way to demonstrate respect for the public trust I hold in representing Iowans and to do the job I’m elected to do,” Grassley said.  “When the Senate’s in session, I’m in Washington voting, and when the Senate is out of session, I’m in Iowa holding meetings with constituents.”

Click here for comments made this afternoon by Senate Majority Leader Harry Reid, Republican Leader Mitch McConnell, and Senator Tom Harkin of Iowa.  Grassley’s 11,000th vote was last evening.

Since Grassley was elected to the U.S. Senate in 1980, he has held at least one official meeting in every one of Iowa’s 99 counties every year.  He calls the process of representative government a two-way street.  “I have a responsibility to go to Iowans to ask for their views and answer their questions, and they have a responsibility to let me know what they think.  I want to foster that process, and going to every county every year is a way to do so.”

In the Senate, Grassley is the Ranking Member of the Senate Committee on the Judiciary.  He is a senior member and former Chairman and Ranking Member of the Committee on Finance.  He serves on the Agriculture and Budget committees and co-chairs the Caucus on International Narcotics Control.

Grassley is committed to congressional oversight of the executive branch of government.  His efforts have been recognized by whistleblower advocacy and government reform groups and journalist organizations for protecting press freedom and the First Amendment.  He fights for transparency in government and wherever tax dollars flow.

Grassley’s legislative record of achievement includes expansive tax relief and reform, approval of international trade agreements, renewable energy and conservation incentives, farm program reforms, rural health care fairness, Medicare modernization, adoption and foster care incentives, access to health care for children with disabilities, updates to patent and trademark laws, expanded consumer access to generic drugs, measures to fight fraud against taxpayers, whistleblower protections, pension program reforms, bankruptcy reform, and making certain that members of Congress live under civil rights, labor and health care laws passed for the rest of the country.

Grassley is the eighth most senior member of the U.S. Senate and the fourth most senior Republican senator.

Other senators currently serving who have cast more than 11,000 votes are Senators Max Baucus of Montana, Thad Cochran of Mississippi, Orrin Hatch of Utah, Daniel Inouye of Hawaii, Patrick Leahy of Vermont, Carl Levin of Michigan, and Richard Lugar of Indiana.

Since 1789, there have been nearly 2,000 members of the U.S. Senate.  The last vote Grassley missed was in July 1993, when he accompanied President Bill Clinton to Iowa to inspect flood damage.

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