Category: Uncategorized

Thune Statement on Bill to Overturn
Far-Reaching WOTUS Rule

“This rule … extends the reach of the federal
government to the ponds, ditches, and streams in
Americans’ backyards.”

WASHINGTON — U.S. Sen. John Thune (R-S.D.) issued the following statement after a majority of Senate Democrats blocked the Federal Water Quality Protection Act (S. 1140), legislation which would overturn the Environmental Protection Agency’s (EPA) Waters of the United States (WOTUS) rule:

“The Obama EPA’s WOTUS rule – of the largest federal land grabs in history – is yet another example of this administration’s fondness for regulatory overreach. This rule threatens more fines and increased costs for farmers, ranchers, and landowners in every corner of my state and extends the reach of the federal government to the ponds, ditches, and streams in Americans’ backyards. Unfortunately, a majority of Senate Democrats blocked an opportunity to stop this rule, but my colleagues and I will continue to fight to overturn this massive overstep.”

Thune is a co-sponsor of the Federal Water Quality Protection Act. This bipartisan bill would direct the EPA to scrap its current proposal and ensure future proposals do not include ponds, ditches, agriculture water, storm water, and certain other areas not typically regulated under the federal Clean Water Act.

The WOTUS rule has proved problematic across the country. Already, 31 states have filed lawsuits against the WOTUS rule. An October decision by the 6th U.S. Circuit Court of Appeals extended to all 50 states an earlier injunction from a federal district court that blocked implementation in 13 states, including South Dakota.

Thune urged his colleagues to support the Federal Water Quality Protection Act earlier today on the Senate floor. Click here to watch Thune’s remarks.

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Westerhuis Final Fire and Death Investigation Results Released

PIERRE, S.D – Attorney General Marty Jackley announced today that the Division of Criminal Investigation has completed its investigation into the house fire and loss of the Westerhuis family.

“Forensic evidence and the totality of the investigation confirms Scott Westerhuis was responsible for the deaths of Nicole, Kailey, Jaeci, Connor and Michael Westerhuis, before setting fire to his home and taking his own life,” said Jackley. “This tragedy has affected an entire community, and we continue to offer our prayers and thoughts for the Westerhuis and Fish families. The joint state and federal investigation into the financial circumstances surrounding the Gear-Up Program remains an ongoing priority.”

On September 17, 2015, a catastrophic house fire occurred at the Westerhuis residence located at 36705 279th Street, Platte, SD. The scene was secured by law enforcement, and DCI was contacted by the South Dakota Fire Marshal’s Office to assist in the house fire and death investigation.

ATF/DCI Accelerant K-9 Maggie was deployed at the scene. Maggie indicted to the presence of an accelerant at the scene. The location of the indication was adjacent to Scott Westerhuis’ body and the recovered shotgun. Samples were taken from this location to identify the type of accelerant used. Tests conducted at the North Dakota State Forensic Lab were unable to identify further information due to the catastrophic nature of the fire and the inability to obtain good testing samples.

The shotgun recovered near Scott Westerhuis’ body was determined to be a Charles Daly Field Model 12 gauge. Forensic testing confirmed a fired round was in chamber and the shotgun had not cycled. All shot sizes in victims and Scott Westerhuis were consistent with #5 and #6 shot.

Final death certificates have been filed. The cause and manner of death for Nicole, Kailey, Jaeci, Connor and Michael Westerhuis were homicide by shotgun wounds. The cause and manner of death for Scott Westerhuis was shotgun wound and suicide. Final autopsy results confirm all 6 family members had no soot in their airways.

The investigation into the fire and the deaths included scene reconstruction, witness interviews conducted, evidence collected at the scene and forensic testing. The investigation did not provide any further evidence of foul play and are consistent with the forensic autopsy findings and death certificates. The forensic testing included, but was not limited to firearms functionality, firearms ballistics exams, serial number restoration and fire debris analysis.

The Attorney General would like to thank the Charles Mix County Sheriff’s Office, Platte Fire Department, and the State Fire Marshal’s Office for their assistance during the death investigation. The Attorney General again offers condolences to the family and friends of both the Westerhuis and Fish family’s during this most difficult time.

I checked out the SDDP.org website today. Yet again in vain. They still don’t have anyone talked/bribed/intoxicated/pressed into sacrificing themselves on our Senior US Senator, John Thune.  I don’t think that’s going to change anytime soon.

At this rate, they’ve all but abandoned the idea of participating in most of the elections next year.

But other than that, I have to nitpick. For the umpteenth week in a row, they’ve got the same misspelled video image at the top of their website. Yes, I know I’m one to talk. But my occasional errors are as a result of trying to bang things out quickly, and spell checking not working in the title section of wordpress. Here, when they have a professional paid staff (at least we’re assuming they’re paid) the image they’ve chosen is the only one in the video with the spelling error.

Seriously, this was their big video to do. And no one bothered to proof it? In addition to being a Union Boss, I thought Ann Tornberg was a teacher at one time?

The South Dakota Democrat Party.  Showing profeshunalism at every tern.

Marsy’s Law for South Dakota Campaign Files 53,000 Signatures to Place Constitutional Amendment on the Ballot to Give Equal Rights to Crime Victims

Marsy’s Law for South Dakota, an organization composed of citizens and victim rights advocates, announced today that it has officially filed petitions to place an initiated constitutional amendment on the November 8, 2016 General Election ballot for consideration of the voters.

Jason Glodt, former prosecutor and State Director for Marsy’s Law for South Dakota, announced they have filed nearly 53,000 signatures with the Secretary of State today, well in excess of the 27,741 signatures required by South Dakota law for an initiated constitutional amendment to be placed on the ballot.

“South Dakota has some of the weakest crime victim rights in the nation and we are now one step closer to giving victims the rights they deserve.” said Glodt, “The support our campaign has received across the state over the past several months has been truly remarkable and inspiring.”

“Marsy’s Law would guarantee equal rights to crime victims that would actually be enforceable by a court of law,” said Glodt, “Victims and their families would receive information about their rights and the services available to them. They would have the right to receive notification of proceedings for criminal cases and they would have the right to receive timely notifications about changes to the offender’s custodial status.”

Victims and their families would have the right to be present at court proceedings and provide input to the prosecutor before a plea agreement is finalized. They would have the right to be heard at plea or sentencing proceedings or any process that may result in the offender’s release. Finally, they would have the right to restitution.

Marsy’s Law for South Dakota is named after Marsalee “Marsy” Ann Nicholas. Marsy was a beautiful, vibrant University of California Santa Barbara student who was stalked and killed by her ex-boyfriend in 1983. Only a week after Marsy was murdered, her mother Marcella and her brother Nick walked into a grocery store after visiting her daughter’s grave and were confronted by the accused murderer. They had no idea that he had been released on bail.  

Marsy’s family’s story is typical of the pain and suffering that the family members of murder victims have endured. The Nicholas family was not informed because the courts and law enforcement, though well meaning, had no obligation to keep them informed.  Passing the Crime Victims Bills of Rights will ensure that future victims of violent crimes have Constitutional rights, and a formal voice in the criminal justice process.

Dr. Henry Nicholas, Marsy’s brother, has made it his mission in life to give victims and their families across the country constitutional protections and equal rights.

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Rounds Statement on TransCanada Request to Stop
Presidential Permit Application Process of Keystone XL Pipeline 

WASHINGTON—U.S. Senator Mike Rounds (R-S.D.) today issued the following statement regarding TransCanada’s request that the U.S. government suspend its Keystone XL presidential permit application:

“TransCanada’s decision to ask for a suspension in the permit application process comes after seven years of delays by the Obama Administration, despite overwhelming support from the American people. Additionally, numerous environmental impact statements have found the pipeline will have no negative effect on the environment. The Keystone XL pipeline is a shovel-ready project that will bring reliable, affordable sources of energy to the U.S., create jobs and free up rail space for South Dakota agricultural products. Despite this temporary setback, I will continue to work to move this project across the finish line so our state and nation can reap its many benefits.”

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According to twitter and other reports, the Marsy’s Law petitions have been turned in with over 53,000 signatures turned in to the Secretary of State’s office, making the Constitutional Amendment the first petition to be turned in for review and certification.

From the Argus Leader, the Keystone XL pipeline people are asking for a pause in the review process. Not that they haven’t had a 7 year one already:

TransCanada, the company behind the controversial Keystone XL pipeline from Canada to the U.S Gulf Coast, has asked the U.S. State Department to pause its review of the project.

TransCanada said Monday it had sent a letter to Secretary of State John Kerry requesting that the State Department suspend its review of the pipeline application. The pipeline company said such a suspension would be appropriate while it works with Nebraska authorities for approval of its preferred route through the state that is facing legal challenges in state courts.

The move comes as the Obama administration was widely expected to reject the pipeline permit application.

“We have just received TransCanada’s letter to Secretary Kerry and are reviewing it. In the meantime, consideration under the Executive Order continues,” State Department spokeswoman Elizabeth Trudeau said.

Read it here.

Some say that they simply want to pause the approval process in hopes of having a new administration to deal with. Well, if that’s the case, who can blame them?

The fact is that the Keystone XL permitting has become a national embarrassment of epic proportions, specifically at the expense of relations with our closest ally and neighbor Canada, with whom we already have several pipeline agreements with.

It’s drug on for years, and at a cost. $42 Million into the economy daily, according to one source:

Since President Barack Obama took office in 2009, the State Department has sat on the pipeline’s approval and not issued its recommendation on whether or not the project is in the national interest. That delay has added up, according to AFF, costing the U.S. economy $15 billion per year.

“At today’s price of crude at $51.76, this would gross over $42 million dollars a day or roughly $15 billion per year,” wrote VanWyhe, noting how much economic activity was lost by not moving 830,000 barrels of oil across the Canadian border.

and…

“Fiscally, economically, environmentally and strategically speaking this project is a win,” VinWyhe wrote. “After nearly 7 years and $175 billion in lost economic activity, it is time for the construction of Keystone to come to fruition in order to allow Americans to experience the economic benefits.”

Read it all here.

Apparently, it’s a slow news day in Aberdeen. A very slow news day.

The local newspaper which claims they’re not biased against Republicans today has a front page story on how Democrats are holding a meeting to try to gin up some interest in the once proud, but faltering Democrat party by hauling out some of the core liberal leadership.

They’re having a meeting, so that’s front page worthy?:

“We’re hoping that from this event people will see what the citizens of the community have on their minds,” Jennifer Slaight-Hansen, a member of the Aberdeen City Council and chairwoman of the Brown County Democratic Party, said. “Are we on the right track? Do we know the pulse of the people?”

The panelists are hosted by the Brown County Democratic Party. Although one panelist is a current state senator, none of the panelists are currently seeking office.

Panelists include:

• Cory Heidelberger, political blogger.
• Billie Sutton, state senator from Burke.
• Ann Tornberg, chairwoman of the South Dakota Democratic Party.
• Kathy Tyler, former legislator.
• Susan Wismer, former South Dakota gubernatorial candidate.

Read it here.

Interesting they left the party ED back in Sioux Falls for this Dog & Pony show.  Apparently, they want to insulate her from the bomb throwing. Looking at the composition of the group, it’s not looking like most of them are mainstream democrats. Or mainstream South Dakotans for that matter. As opposed to being comprised of the most liberal views  of the SDDP. (Billie Sutton might want to consider the company he keeps if he wants to run for higher office).

A “front porch forum” hardly sounds descriptive. Instead, maybe riffing off of some of their viewpoints, they could call it the “Godless Abortion Gunless Democrat” meeting or “GAG’s” for short.  While Democrat’s grinder monkey Cory proselytizes his atheism, Kathy Tyler can explain why she believes Jesus was in favor of abortion, and Ann Tornberg can explain her party’s position on Gun Control.

Why, I’m sure they’ll be able to GAG people in Brown county from miles away once they hear what the SDDP’s liberal core has to say!

I’m not sure there’s a takeaway from this, other than for Republicans  – make sure you ask for front page coverage next time you have a meeting.

Rounds, Ernst Call for Strengthened Support of
Kurdish Peshmerga Forces in Iraq

WASHINGTON— Following a recent Congressional delegation trip to the Middle East, U.S. Sens. Mike Rounds (R-S.D.) and Joni Ernst (R-Iowa) today sent a letter to U.S. Secretary of Defense Ashton Carter raising serious concerns voiced by foreign leaders in the region. The senators echoed concerns that the coalition effort to defeat ISIL is not achieving the desired outcome – including U.S. support for the Kurdistan Regional Government (KRG) and their Peshmerga Forces. They also called on Secretary Carter in their letter to strengthen support to the KRG. The letter comes on the heels of the Obama Administration’s recent decision to deploy U.S. personnel to Kurdish territory in Syria.

“Unfortunately, the picture provided to us in theater is starkly different from that which is provided to the American people, and to us as elected officials in the Senate and members of the Senate Armed Services Committee,” the senators wrote. “Specifically, it does not appear that coalition efforts are having the Administration’s desired ‘degrade and destroy’ effects against ISIL.”

The senators continued, “While visiting Iraq, our meeting with foreign officials painted a grim picture of the U.S. and coalition effort against ISIL. In particular, our time on the ground did not alleviate our long-standing concerns about inadequate U.S. support to the Kurdistan Regional Government (KRG) and their Peshmerga forces.”

“In conclusion, we ask the Department to strengthen its support to the KRG based on the troubling operational situation in large portions of Iraq, the dedication of the Kurdish Peshmerga in their fight against ISIL, and KRG support provided to the over 1.6 million displaced persons within their territory.”

Full text of the letter:

November 2, 2015

The Honorable Ashton Carter
Secretary of Defense
1000 Defense Pentagon
Washington, DC 20301

Dear Secretary Carter:

We write to you today to raise concern regarding our coalition effort to defeat the Islamic State of Iraq and the Levant (ISIL) and support to our Iraqi Kurdish partners.

We recently returned from meeting with U.S. servicemembers and foreign leaders throughout Iraq and Afghanistan. Unfortunately, the picture provided to us in theater is starkly different from that which is provided to the American people, and to us as elected officials in the Senate and members of the Senate Armed Services Committee. Specifically, it does not appear that coalition efforts are having the Administration’s desired “degrade and destroy” effects against ISIL.

While visiting Iraq, our meeting with foreign officials painted a grim picture of the U.S. and coalition effort against ISIL. In particular, our time on the ground did not alleviate our long-standing concerns about inadequate U.S. support to the Kurdistan Regional Government (KRG) and their Peshmerga forces.

While meeting with our KRG allies in Erbil, we were again informed the military support promised to them from Baghdad is far from being provided, and the level of support, such as adequate stocks of small arms ammunition, is not enough to effectively defend their territory against ISIL. Furthermore, the coalition’s piecemeal supply of various Russian and NATO weapons and ammunition makes resupply extremely difficult for Peshmerga forces—as it would for U.S. forces if faced with a similar logistical situation. The KRG also informed us that they require heavier weapons, more equipment in general, and protective gear—as already provided to ISF units for a number of years—to more effectively defend their territory. As this is something we specifically worked to achieve via the NDAA, we have heightened concerns for the needs of our allies on the front lines against ISIL.

In conclusion, we ask the Department to strengthen its support to the KRG based on the troubling operational situation in large portions of Iraq, the dedication of the Kurdish Peshmerga in their fight against ISIL, and KRG support provided to the over 1.6 million displaced persons within their territory. Specifically we ask your views on what additional measures the United States can take to support our Kurdish allies.

Sincerely,

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Former Employee of South Dakota Secretary of State Office
Charged with Theft in Original State Flag Case

PIERRE, S.D – Attorney General Marty Jackley announced today that Garrett Darwin Devries, 26, Washington D.C., has been charged with one count of theft having a value in excess of four hundred dollars, class one misdemeanor.

“As with any charging decision and potential resolution, I am balancing the nature of the crime with the level of cooperation and acceptance of responsibility. Our ‘Original State Flag’ is an important part of our history, and its recovery without damage or further incident is an important consideration,” said Jackley.

This charge stems from Devries employment at the South Dakota Secretary of State’s Office during the time between December 2012-November 2013 and the theft of an ‘Original State Flag’from his place of employment.

A tentative plea hearing is anticipated for November 23, 2015, in Hughes County.

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