LAHAINA, Hawaii&nbsp; (AP) —Hawaii officials urged tourists to avoid traveling to Maui as many hotels prepared to house evacuees and first responders on the island that faces a long recovery from the wildfire that demolished a historic town and killed more than 90 people.

About 46,000 residents and visitors have flown out of Kahului Airport in West Maui since the devastation in Lahaina became clear Wednesday, according to the Hawaii Tourism Authority.

"In the weeks ahead, the collective resources and attention of the federal, state and county government, the West Maui community, and the travel industry must be focused on the recovery of residents who were forced to evacuate their homes and businesses," the agency said in a statement late Saturday. Tourists are encouraged to visit Hawaii's other islands.

Gov. Josh Green said 500 hotels rooms will be made available for locals who have been displaced. An additional 500 hotel rooms will be set aside for workers from the Federal Emergency Management Agency. Some hotels will carry on with normal business to help preserve jobs and sustain the local economy, Green said.

The state wants to work with Airbnb to make sure that rental homes can be made available for locals. Green hopes that the company will be able to provide three- to nine-month rentals for those who have lost homes.

As the death toll from a wildfire that razed a historic Maui town reached 93, authorities warned Saturday that the effort to find and identify the dead was still in its early stages. It's already the deadliest U.S. wildfire for over a century.

Crews with cadaver dogs have covered just 3% of the search area, Maui Police Chief John Pelletier said.

"We've got an area that we have to contain that is at least 5 square miles and it is full of our loved ones," noting that the death toll is likely to grow and "none of us really know the size of it yet."

He spoke as federal emergency workers picked through the ashen moonscape left by the fire that razed the centuries-old town of Lahaina. Teams marked the ruins of homes with a bright orange X to record an initial search, and HR when they found human remains.

Pelletier said identifying the dead is extremely challenging because "we pick up the remains and they fall apart ... When we find our family and our friends, the remains that we're finding is through a fire that melted metal." Two people have been identified so far, he said.

Dogs worked the rubble, and their occasional bark — used to alert their handlers to a possible corpse — echoed over the hot and colorless landscape.

"It will certainly be the worst natural disaster that Hawaii ever faced," Gov. Josh Green remarked Saturday as he toured the devastation on historic Front Street. "We can only wait and support those who are living. Our focus now is to reunite people when we can and get them housing and get them health care, and then turn to rebuilding."

At least 2,200 buildings were damaged or destroyed in West Maui, Green said, of which 86% were residential. Across the island, he added, damage was estimated at close to $6 billion. He said it would take "an incredible amount of time" to recover."

The confirmed death toll was later raised to 93 from the total of 89 announced in a press conference with Green and other officials.

At least two other fires have been burning on Maui, with no fatalities reported thus far: in south Maui's Kihei area and in the mountainous, inland communities known as Upcountry. A fourth broke out Friday evening in Kaanapali, a coastal community north of Lahaina, but crews were able to extinguish it, authorities said.

Green said the Upcountry fire had affected 544 structures, of which 96% were residential.

Emergency managers in Maui were searching for places to house people displaced from their homes. As many as 4,500 people are in need of shelter, county officials said on Facebook early Saturday, citing figures from the Federal Emergency Management Agency and the Pacific Disaster Center.

He encouraged those with missing family members to go to the family assistance center.

"We need you to do the DNA test. We need to identify your loved ones," Pelletier said.

Those who escaped counted their blessings, thankful to be alive as they mourned those who didn't make it.

Retired fire captain Geoff Bogar and his friend of 35 years, Franklin Trejos, initially stayed behind to help others in Lahaina and save Bogar's house. But as the flames moved closer and closer Tuesday afternoon, they knew they had to get out. Each escaped to his own car. When Bogar's wouldn't start, he broke through a window to get out, then crawled on the ground until a police patrol found him and brought him to a hospital.

Trejos wasn't as lucky. When Bogar returned the next day, he found the bones of his 68-year-old friend in the back seat of his car, lying on top of the remains of the Bogars' beloved 3-year-old golden retriever Sam, whom he had tried to protect.

Trejos, a native of Costa Rica, had lived for years with Bogar and his wife, Shannon Weber-Bogar, helping her with her seizures when her husband couldn't. He filled their lives with love and laughter.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/8/1691978468130.png" alt="FEMA along with federal and local partners, <a href="https://twitter.com/NationalVOAD">@NationalVOAD</a> member organizations, and other volunteer and faith-based organizations continue to respond to survivors’ immediate needs following the devastating wildfires in Maui.-FEMA photo" />
 <figcaption>FEMA along with federal and local partners, <a href="https://twitter.com/NationalVOAD">@NationalVOAD</a> member organizations, and other volunteer and faith-based organizations continue to respond to survivors’ immediate needs following the devastating wildfires in Maui.-FEMA photo</figcaption>
 </figure>LAHAINA, Hawaii&nbsp; (AP) —Hawaii officials urged tourists to avoid traveling to Maui as many hotels prepared to house evacuees and first responders on the island that faces a long recovery from the wildfire that demolished a historic town and killed more than 90 people. About 46,000 residents and visitors have flown out of Kahului Airport in West Maui since the devastation in Lahaina became clear Wednesday, according to the Hawaii Tourism Authority.<div><blockquote class="twitter-tweet">Our team is working in coordination with the County, the Red Cross, and FEMA to immediately move the survivors into hotel rooms and vacation rentals. Help is pouring in both locally and around the world as our hearts are with the people of Maui. <a href="https://t.co/WMUNl70LAX">pic.twitter.com/WMUNl70LAX</a>&mdash; Governor Josh Green (@GovJoshGreenMD) <a href="https://twitter.com/GovJoshGreenMD/status/1690583706602500098?ref_src=twsrc%5Etfw">August 13, 2023</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></div>"In the weeks ahead, the collective resources and attention of the federal, state and county government, the West Maui community, and the travel industry must be focused on the recovery of residents who were forced to evacuate their homes and businesses," the agency said in a statement late Saturday. Tourists are encouraged to visit Hawaii's other islands.Gov. Josh Green said 500 hotels rooms will be made available for locals who have been displaced. An additional 500 hotel rooms will be set aside for workers from the Federal Emergency Management Agency. Some hotels will carry on with normal business to help preserve jobs and sustain the local economy, Green said.The state wants to work with Airbnb to make sure that rental homes can be made available for locals. Green hopes that the company will be able to provide three- to nine-month rentals for those who have lost homes.As the death toll from a wildfire that razed a historic Maui town reached 93, authorities warned Saturday that the effort to find and identify the dead was still in its early stages. It's already the deadliest U.S. wildfire for over a century. Crews with cadaver dogs have covered just 3% of the search area, Maui Police Chief John Pelletier said."We've got an area that we have to contain that is at least 5 square miles and it is full of our loved ones," noting that the death toll is likely to grow and "none of us really know the size of it yet."He spoke as federal emergency workers picked through the ashen moonscape left by the fire that razed the centuries-old town of Lahaina. Teams marked the ruins of homes with a bright orange X to record an initial search, and HR when they found human remains.Pelletier said identifying the dead is extremely challenging because "we pick up the remains and they fall apart ... When we find our family and our friends, the remains that we're finding is through a fire that melted metal." Two people have been identified so far, he said.Dogs worked the rubble, and their occasional bark — used to alert their handlers to a possible corpse — echoed over the hot and colorless landscape."It will certainly be the worst natural disaster that Hawaii ever faced," Gov. Josh Green remarked Saturday as he toured the devastation on historic Front Street. "We can only wait and support those who are living. Our focus now is to reunite people when we can and get them housing and get them health care, and then turn to rebuilding."At least 2,200 buildings were damaged or destroyed in West Maui, Green said, of which 86% were residential. Across the island, he added, damage was estimated at close to $6 billion. He said it would take "an incredible amount of time" to recover."The confirmed death toll was later raised to 93 from the total of 89 announced in a press conference with Green and other officials.At least two other fires have been burning on Maui, with no fatalities reported thus far: in south Maui's Kihei area and in the mountainous, inland communities known as Upcountry. A fourth broke out Friday evening in Kaanapali, a coastal community north of Lahaina, but crews were able to extinguish it, authorities said.Green said the Upcountry fire had affected 544 structures, of which 96% were residential.Emergency managers in Maui were searching for places to house people displaced from their homes. As many as 4,500 people are in need of shelter, county officials said on Facebook early Saturday, citing figures from the Federal Emergency Management Agency and the Pacific Disaster Center.He encouraged those with missing family members to go to the family assistance center."We need you to do the DNA test. We need to identify your loved ones," Pelletier said.Those who escaped counted their blessings, thankful to be alive as they mourned those who didn't make it.Retired fire captain Geoff Bogar and his friend of 35 years, Franklin Trejos, initially stayed behind to help others in Lahaina and save Bogar's house. But as the flames moved closer and closer Tuesday afternoon, they knew they had to get out. Each escaped to his own car. When Bogar's wouldn't start, he broke through a window to get out, then crawled on the ground until a police patrol found him and brought him to a hospital.Trejos wasn't as lucky. When Bogar returned the next day, he found the bones of his 68-year-old friend in the back seat of his car, lying on top of the remains of the Bogars' beloved 3-year-old golden retriever Sam, whom he had tried to protect.Trejos, a native of Costa Rica, had lived for years with Bogar and his wife, Shannon Weber-Bogar, helping her with her seizures when her husband couldn't. He filled their lives with love and laughter.

Tourists urged to avoid Maui as hotels prepare to take in evacuees 

TOPEKA&nbsp;– Governor Kelly will welcome&nbsp;Dolly&nbsp;Parton&nbsp;for a celebration of the statewide success of&nbsp;Dolly&nbsp;Parton's Imagination Library Monday afternoon in Overland&nbsp; Park. This event is&nbsp;hosted by the Imagination Library of Kansas. Governor Kelly will deliver brief remarks and participate in a sit-down conversation with&nbsp;Dolly&nbsp;Parton&nbsp;on stage.&nbsp; The event is&nbsp;closed to the public.

Every child in Kansas from birth to age five can receive free books every month from&nbsp;Dolly&nbsp;Parton’s Imagination Library. This is made possible through increased funding provided to the Kansas Children’s Cabinet and Trust Fund by Governor Laura Kelly and the Kansas Legislature. These funds supplement local and regional resources to ensure equitable opportunity across the state. The Imagination Library has gifted over 200 million books worldwide since its launch in 1995.&nbsp;&nbsp;

"I am pleased that we have reached this amazing milestone – being able to provide the gift of reading for children and families across Kansas,”&nbsp;said Governor Laura Kelly.&nbsp;“We know that a child’s first five years are critical for health development and childhood literacy. By increasing access to the Imagination Library, we will be nurturing a love for reading and supporting the foundation of a child’s social-emotional, physical, and cognitive future. I urge all eligible Kansas families to sign their children up for the Imagination Library of Kansas.”&nbsp;

The early childhood period (birth to five years) is the most influential for a child’s future, providing the foundation for a child to grow, learn, and thrive. Leaders across Kansas have been focused on developing strategies to promote early literacy and support educators, parents, and families in fostering commitments to reading. Forming an Imagination Library of Kansas is a significant step towards actualizing these goals by placing books directly in the child’s home.&nbsp;&nbsp;

Pratt, Kansas, has the distinction of starting the first Imagination Library site outside Tennessee in 2005. Today, Kansas is celebrating over 52,200 children enrolled and celebrating the milestone of gifting more than 3.8 million books to children since 2005.&nbsp;&nbsp;

Inspired by her father’s inability to read and write,&nbsp;Dolly&nbsp;Parton started her Imagination Library in 1995 to foster a love of reading for the children within her home county. Today, her program mails over 2 million high-quality, age-appropriate books directly to children’s homes each month. Each child enrolled in the program receives one book per month until their fifth birthday - at no cost to families. The program's impact has been widely researched, and results suggest positive increases in key early childhood literacy metrics. Penguin Random House is the exclusive publisher of&nbsp;Dolly&nbsp;Parton’s Imagination Library.&nbsp;

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/8/1692013525128.png" alt="Every child in Kansas from birth to age five can receive free books every month from Dolly Parton’s Imagination Library.-courtesy photo&nbsp;" />
 <figcaption>Every child in Kansas from birth to age five can receive free books every month from Dolly Parton’s Imagination Library.-courtesy photo&nbsp;</figcaption>
 </figure>TOPEKA&nbsp;– Governor Kelly will welcome&nbsp;Dolly&nbsp;Parton&nbsp;for a celebration of the statewide success of&nbsp;Dolly&nbsp;Parton's Imagination Library Monday afternoon in Overland&nbsp; Park. This event is&nbsp;hosted by the Imagination Library of Kansas. Governor Kelly will deliver brief remarks and participate in a sit-down conversation with&nbsp;Dolly&nbsp;Parton&nbsp;on stage.&nbsp; The event is&nbsp;closed to the public.Every child in Kansas from birth to age five can receive free books every month from&nbsp;Dolly&nbsp;Parton’s Imagination Library. This is made possible through increased funding provided to the Kansas Children’s Cabinet and Trust Fund by Governor Laura Kelly and the Kansas Legislature. These funds supplement local and regional resources to ensure equitable opportunity across the state. The Imagination Library has gifted over 200 million books worldwide since its launch in 1995.&nbsp;&nbsp;"I am pleased that we have reached this amazing milestone – being able to provide the gift of reading for children and families across Kansas,”&nbsp;said Governor Laura Kelly.&nbsp;“We know that a child’s first five years are critical for health development and childhood literacy. By increasing access to the Imagination Library, we will be nurturing a love for reading and supporting the foundation of a child’s social-emotional, physical, and cognitive future. I urge all eligible Kansas families to sign their children up for the Imagination Library of Kansas.”&nbsp;The early childhood period (birth to five years) is the most influential for a child’s future, providing the foundation for a child to grow, learn, and thrive. Leaders across Kansas have been focused on developing strategies to promote early literacy and support educators, parents, and families in fostering commitments to reading. Forming an Imagination Library of Kansas is a significant step towards actualizing these goals by placing books directly in the child’s home.&nbsp;&nbsp;Pratt, Kansas, has the distinction of starting the first Imagination Library site outside Tennessee in 2005. Today, Kansas is celebrating over 52,200 children enrolled and celebrating the milestone of gifting more than 3.8 million books to children since 2005.&nbsp;&nbsp;Inspired by her father’s inability to read and write,&nbsp;Dolly&nbsp;Parton started her Imagination Library in 1995 to foster a love of reading for the children within her home county. Today, her program mails over 2 million high-quality, age-appropriate books directly to children’s homes each month. Each child enrolled in the program receives one book per month until their fifth birthday - at no cost to families. The program's impact has been widely researched, and results suggest positive increases in key early childhood literacy metrics. Penguin Random House is the exclusive publisher of&nbsp;Dolly&nbsp;Parton’s Imagination Library.&nbsp;

Dolly Parton will meet with governor in Kansas today

KANSAS CITY—Law enforcement authorities are investigating an alleged road rage incident near Kansas City and have a suspect in custody.

Just after 7:30 p.m. Aug. 8, sheriff's deputies were dispatched to the area of Monks Walk Road in Loch Lloyd in reference to a possible road rage incident, according to the Cass County Sheriff.

Deputies made contact with a food delivery driver and two passengers who stated a subject chased them down the road, pulled in front of their vehicle, and pointed a firearm at them. 

 The subject, identified as Damon Lounds, 49, from Loch Lloyd, was taken into custody a short time later.  He was transported to the Cass County Jail for processing without incident. 

  Investigators obtained a search warrant for. Lounds residence in the 16000 East Heather Lane in Loch Lloyd.  During the execution of the search warrant a firearm, matching the description of the one used in the incident, as well as other evidence was collected. 

On Wednesday Lounds was charged in a Cass County Court with one count of Unlawful Use Of A Weapon. He was also found to have 14 outstanding arrest warrants from the Kansas City Police Department. The Judge&nbsp; ordered Lounds be held in the Cass County Jail without bond.  His next scheduled court date is set for August 16, according to the sheriff's office.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/8/1691759257057.png" alt="Lounds-photo Caass Co." />
 <figcaption>Lounds-photo Caass Co.</figcaption>
 </figure>KANSAS CITY—Law enforcement authorities are investigating an alleged road rage incident near Kansas City and have a suspect in custody.Just after 7:30 p.m. Aug. 8, sheriff's deputies were dispatched to the area of Monks Walk Road in Loch Lloyd in reference to a possible road rage incident, according to the Cass County Sheriff.Deputies made contact with a food delivery driver and two passengers who stated a subject chased them down the road, pulled in front of their vehicle, and pointed a firearm at them. The subject, identified as Damon Lounds, 49, from Loch Lloyd, was taken into custody a short time later. He was transported to the Cass County Jail for processing without incident. Investigators obtained a search warrant for. Lounds residence in the 16000 East Heather Lane in Loch Lloyd. During the execution of the search warrant a firearm, matching the description of the one used in the incident, as well as other evidence was collected. On Wednesday Lounds was charged in a Cass County Court with one count of Unlawful Use Of A Weapon. He was also found to have 14 outstanding arrest warrants from the Kansas City Police Department. The Judge&nbsp; ordered Lounds be held in the Cass County Jail without bond. His next scheduled court date is set for August 16, according to the sheriff's office.

Road rage: Suspect pulled gun on food delivery driver

SHAWNEE COUNTY—Law enforcement authorities are investigating a suspect caught driving a stolen car.

Just after 11:30p.m&nbsp; Thursday, a deputy with the Shawnee County Sheriff’s Office attempted to conduct a traffic stop in the 3300 block of SW Gage Boulevard on a white 2019 Ford Fusion that was reported stolen out of Kansas City. 

The driver, later identified as&nbsp;Paul M. Eicholz, 24, of Topeka, failed to stop and initiated a pursuit. The pursuit ended in the 500 block of SW 39th Street where Eicholz fled the scene on foot.

A sheriff's department drone was used to quickly locate. He was arrested and transported to a local hospital by American Medical Response (AMR) due to a nonlife-threatening injury suffered while running away from the vehicle.

Eicholz was medically cleared and booked into the Shawnee County Department of Corrections on requested charges of felony interference with law enforcement, felony flee or attempt to elude, two counts of possession of stolen property, speeding, failure to yield at a stop sign and possession of drug paraphernalia.

&nbsp;The passenger was interviewed and released from the scene.&nbsp;This incident is still under investigation.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/8/1691780419210.png" alt="Eicholz-photo Shawnee Co." />
 <figcaption>Eicholz-photo Shawnee Co.</figcaption>
 </figure>SHAWNEE COUNTY—Law enforcement authorities are investigating a suspect caught driving a stolen car.Just after 11:30p.m&nbsp; Thursday, a deputy with the Shawnee County Sheriff’s Office attempted to conduct a traffic stop in the 3300 block of SW Gage Boulevard on a white 2019 Ford Fusion that was reported stolen out of Kansas City. The driver, later identified as&nbsp;Paul M. Eicholz, 24, of Topeka, failed to stop and initiated a pursuit. The pursuit ended in the 500 block of SW 39th Street where Eicholz fled the scene on foot.A sheriff's department drone was used to quickly locate. He was arrested and transported to a local hospital by American Medical Response (AMR) due to a nonlife-threatening injury suffered while running away from the vehicle.Eicholz was medically cleared and booked into the Shawnee County Department of Corrections on requested charges of felony interference with law enforcement, felony flee or attempt to elude, two counts of possession of stolen property, speeding, failure to yield at a stop sign and possession of drug paraphernalia.&nbsp;The passenger was interviewed and released from the scene.&nbsp;This incident is still under investigation.

Drone used to help catch Kan. man who ran from stolen car

TOPEKA, Kan. (AP) — The new National Archives leader whose nomination was swept into&nbsp;<a href="https://apnews.com/article/donald-trump-mar-a-lago-merrick-garland-congress-library-of-cebd12237bb1d0587cbefa304bc59a87">the partisan furor</a>&nbsp;over the criminal documents-hoarding case against ex-President Donald Trump says she is now preparing the agency that's responsible for preserving historical records for an expected flood of digital documents.

<a href="https://apnews.com/article/donald-trump-politics-district-of-columbia-us-federal-bureau-investigation-united-states-e94c38c45ed2accf09918070a23617fa">Colleen Shogan,</a>&nbsp;a political scientist with deep Washington ties, says the&nbsp;<a href="https://apnews.com/article/donald-trump-mar-a-lago-criminal-investigations-nicolas-cage-453df9fb3e6741fa1886b621b55423fd">spotlight on the Archives during the past year</a>&nbsp;shows that Americans are invested in preserving historical materials. After events in Kansas on Wednesday, she reiterated that she had no role in decisions made when the Trump investigation began and said the Archives depends upon the White House to deliver documents when a president leaves office.

“It provides an opportunity for us to discuss, quite frankly, why records are important,” Shogan said. “What we’re seeing is that Americans care about records. They want to have access to the records.”

Shogan was in the Midwest this week for visits to two presidential libraries. She went Wednesday to&nbsp;<a href="https://www.eisenhowerlibrary.gov/">Dwight Eisenhower's library</a>&nbsp;in the small town of Abilene on the rolling Kansas prairie, and on Thursday to&nbsp;<a href="https://www.trumanlibrary.gov/">Harry Truman's library</a>&nbsp;in Independence, Missouri, in the Kansas City area.

The Archives is the custodian of cherished documents such as the U.S. Constitution and the&nbsp;<a href="https://www.archives.gov/founding-docs/declaration?_ga=2.72333715.1030973626.1662129218-1886877231.1651854556">Declaration of Independence,</a>&nbsp;but also billions of pages of other records and millions of maps, charts, photographs and films. An order from President Joe Biden will require U.S. government agencies — but not the White House — to provide their records to the Archives in a digital format starting at the end of June 2024.

“We are responsible for the preservation of those records and the storage of those records, but also sharing those records with the American people,” Shogan said in an interview by Google Meet from the Eisenhower library. "That’s a large task, and it's not getting any smaller, obviously.”

Biden nominated Shogan as archivist last year, but the U.S. Senate did not confirm her appointment until May. She was then an executive at the White House Historical Association, having served under both the Trump and Biden administrations. Before that, she worked at the Congressional Research Service, which provides nonpartisan analysis for lawmakers and their staff.

While the Archives generally has been staid and low-key, Shogan's nomination was not the first to create a stir. In 1995, then-President Bill Clinton picked former two-term Kansas Gov.&nbsp;<a href="https://www.archives.gov/about/history/archivists/carlin">John Carlin,</a>&nbsp;a fellow Democrat, and the leaders of three groups of historians opposed the appointment, questioning whether he was qualified. Carlin held the post for a decade, and an archivists' society honored him near the end of his tenure.

But Biden nominated Shogan amid an investigation of Trump's handling of sensitive documents after he left office, which led to&nbsp;<a href="https://apnews.com/article/donald-trump-new-indictment-classified-documents-81b982b8195dcfb85b7ae8789f108b0b">dozens of federal felony charges</a>&nbsp;against the former president in Florida, home to his Mar-a-Lago estate. On Thursday, his valet&nbsp;<a href="https://apnews.com/article/trump-classified-documents-maralago-arraignment-eaa8eed74b2de9416210cf9f2af15e65">pleaded not guilty</a>&nbsp;to new charges in that case.

The Archives set the investigation in motion with&nbsp;<a href="https://apnews.com/article/biden-donald-trump-mar-a-lago-subpoenas-b8082283fc599738c92d1f1ec8680924">a referral</a>&nbsp;to the FBI after Trump returned 15 boxes of documents that contained dozens of records with classified markings.

Senate Republicans sought to portray Shogan as an actor for the political left, and during her first confirmation hearing Republican Sen. Josh Hawley, of Missouri, declared that the Archives was part of a “political weaponization” of government. She told senators that she would be nonpartisan in the job.

Under a 1978 law, documents from the White House belong to the National Archives when a president leaves office.

“But when a president is in office, until the term is is concluded, which is January 20th at noon, then those records are the property of the incumbent president,” Shogan said.

She said that while the Archives works with an administration as the end of a president's time in office nears, “We are relying once again upon the White House and those designated officials to be executing the transfer of those records.”

Shogan agrees with experts that the National Archives and Records Administration does not have enough money and staff but after only a few months on the job, she hasn't yet set a figure for what would be necessary.

“We want to make sure that NARA is able to continue its mission as it goes forward, as the large volume of records increases, both in the paper format and also in the digital explosion that we will be seeing in the near future,” she said.

By JOHN HANNA&nbsp;TOPEKA, Kan. (AP) — The new National Archives leader whose nomination was swept into&nbsp;<a href="https://apnews.com/article/donald-trump-mar-a-lago-merrick-garland-congress-library-of-cebd12237bb1d0587cbefa304bc59a87">the partisan furor</a>&nbsp;over the criminal documents-hoarding case against ex-President Donald Trump says she is now preparing the agency that's responsible for preserving historical records for an expected flood of digital documents.<div><blockquote class="twitter-tweet">I really enjoyed visiting ⁦<a href="https://twitter.com/USNatArchives?ref_src=twsrc%5Etfw">@USNatArchives</a>⁩ ⁦<a href="https://twitter.com/IkeLibrary?ref_src=twsrc%5Etfw">@IkeLibrary</a>⁩ - the Eisenhower Presidential Library and Museum today in Abilene Kansas. It includes his boyhood home, his presidential papers and objects and a wonderful museum memorializing his service to the nation. <a href="https://t.co/PxBdRdAOFf">pic.twitter.com/PxBdRdAOFf</a>&mdash; Dr. Colleen Shogan (@AOTUS11_Shogan) <a href="https://twitter.com/AOTUS11_Shogan/status/1689447633042001920?ref_src=twsrc%5Etfw">August 10, 2023</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></div><a href="https://apnews.com/article/donald-trump-politics-district-of-columbia-us-federal-bureau-investigation-united-states-e94c38c45ed2accf09918070a23617fa">Colleen Shogan,</a>&nbsp;a political scientist with deep Washington ties, says the&nbsp;<a href="https://apnews.com/article/donald-trump-mar-a-lago-criminal-investigations-nicolas-cage-453df9fb3e6741fa1886b621b55423fd">spotlight on the Archives during the past year</a>&nbsp;shows that Americans are invested in preserving historical materials. After events in Kansas on Wednesday, she reiterated that she had no role in decisions made when the Trump investigation began and said the Archives depends upon the White House to deliver documents when a president leaves office.“It provides an opportunity for us to discuss, quite frankly, why records are important,” Shogan said. “What we’re seeing is that Americans care about records. They want to have access to the records.”Shogan was in the Midwest this week for visits to two presidential libraries. She went Wednesday to&nbsp;<a href="https://www.eisenhowerlibrary.gov/">Dwight Eisenhower's library</a>&nbsp;in the small town of Abilene on the rolling Kansas prairie, and on Thursday to&nbsp;<a href="https://www.trumanlibrary.gov/">Harry Truman's library</a>&nbsp;in Independence, Missouri, in the Kansas City area.The Archives is the custodian of cherished documents such as the U.S. Constitution and the&nbsp;<a href="https://www.archives.gov/founding-docs/declaration?_ga=2.72333715.1030973626.1662129218-1886877231.1651854556">Declaration of Independence,</a>&nbsp;but also billions of pages of other records and millions of maps, charts, photographs and films. An order from President Joe Biden will require U.S. government agencies — but not the White House — to provide their records to the Archives in a digital format starting at the end of June 2024.“We are responsible for the preservation of those records and the storage of those records, but also sharing those records with the American people,” Shogan said in an interview by Google Meet from the Eisenhower library. "That’s a large task, and it's not getting any smaller, obviously.”Biden nominated Shogan as archivist last year, but the U.S. Senate did not confirm her appointment until May. She was then an executive at the White House Historical Association, having served under both the Trump and Biden administrations. Before that, she worked at the Congressional Research Service, which provides nonpartisan analysis for lawmakers and their staff.While the Archives generally has been staid and low-key, Shogan's nomination was not the first to create a stir. In 1995, then-President Bill Clinton picked former two-term Kansas Gov.&nbsp;<a href="https://www.archives.gov/about/history/archivists/carlin">John Carlin,</a>&nbsp;a fellow Democrat, and the leaders of three groups of historians opposed the appointment, questioning whether he was qualified. Carlin held the post for a decade, and an archivists' society honored him near the end of his tenure.But Biden nominated Shogan amid an investigation of Trump's handling of sensitive documents after he left office, which led to&nbsp;<a href="https://apnews.com/article/donald-trump-new-indictment-classified-documents-81b982b8195dcfb85b7ae8789f108b0b">dozens of federal felony charges</a>&nbsp;against the former president in Florida, home to his Mar-a-Lago estate. On Thursday, his valet&nbsp;<a href="https://apnews.com/article/trump-classified-documents-maralago-arraignment-eaa8eed74b2de9416210cf9f2af15e65">pleaded not guilty</a>&nbsp;to new charges in that case.The Archives set the investigation in motion with&nbsp;<a href="https://apnews.com/article/biden-donald-trump-mar-a-lago-subpoenas-b8082283fc599738c92d1f1ec8680924">a referral</a>&nbsp;to the FBI after Trump returned 15 boxes of documents that contained dozens of records with classified markings.Senate Republicans sought to portray Shogan as an actor for the political left, and during her first confirmation hearing Republican Sen. Josh Hawley, of Missouri, declared that the Archives was part of a “political weaponization” of government. She told senators that she would be nonpartisan in the job.Under a 1978 law, documents from the White House belong to the National Archives when a president leaves office.“But when a president is in office, until the term is is concluded, which is January 20th at noon, then those records are the property of the incumbent president,” Shogan said.She said that while the Archives works with an administration as the end of a president's time in office nears, “We are relying once again upon the White House and those designated officials to be executing the transfer of those records.”Shogan agrees with experts that the National Archives and Records Administration does not have enough money and staff but after only a few months on the job, she hasn't yet set a figure for what would be necessary.“We want to make sure that NARA is able to continue its mission as it goes forward, as the large volume of records increases, both in the paper format and also in the digital explosion that we will be seeing in the near future,” she said.

Once a target of pro-Trump anger, U.S. archivist preps agency for a digital flood

By ELAINE S. POVICH <a href="https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2022/08/15/state-attorneys-general-unite-against-robocalls">Stateline</a>

Thousands of college students will get hundreds of dollars in compensation as colleges and universities move this summer to settle multimillion-dollar lawsuits stemming from canceled classes and activities during COVID-19 pandemic shutdowns.

While some of the class-action suits against the colleges and universities are still in litigation, and still others dismissed, several major cases have been settled in recent weeks.

The settlements mean students who were charged tuition and fees but weren’t able to use in-person services during the pandemic shutdowns will receive some compensation, though they won’t be refunded for all the on-campus amenities they lost.

The amounts depend on the total settlement figure, minus legal fees and other court expenses. Each case has a different timeline.

Most recently, the University of Delaware agreed in June to set up a $6.3 million fund to partially reimburse tuition and fees that the students paid for classes, housing and activities in 2020. The students argued that they did not receive the full benefit of in-person participation in academics and extra-curricular activities. Each student is expected to receive&nbsp;<a target="_blank" href="https://www.delawareonline.com/story/news/local/2023/06/14/university-of-delaware-students-covid19-lawsuit-payments-settlement-remote-learning/70317763007/">several hundred dollars in cash</a>&nbsp;as part of the agreement.

But the university did not admit wrongdoing and maintained that extenuating circumstances of the pandemic, and the lack of an official contract between the school and each student, meant it was justified in taking the tuition and fees — an argument made by many other schools.

Many universities also have argued that they incurred significant expense in making the almost immediate transition to online classes. In interviews with Stateline, attorneys for some schools argued that the students’ argument was undercut by the fact that many chose to remain in remote classes after the campuses reopened, for convenience or health concerns.

Florida attorney Mendy Halberstam, who was not involved in the Delaware case but who represents other universities that have been similarly sued, said in an interview that the schools feel compelled to defend themselves against cases they believe “are lacking in merit.”

“They are not looking to make life difficult for their students,” he said, “but they also have to make sure of their [lack of] liability.”

There have been about 300 such lawsuits, according to&nbsp;<a target="_blank" href="https://www.timeshighereducation.com/news/leading-us-universities-settle-covid-online-teaching-lawsuits">Times Higher Education,</a>&nbsp;a British publication that partners with The Wall Street Journal on rankings and evaluations of U.S. schools.

The University of Colorado, for example,&nbsp;<a target="_blank" href="https://www.denverpost.com/2023/04/19/university-of-colorado-class-action-lawsuit-2020-5-million/">settled a similar class-action case</a>&nbsp;in April for $5 million.

Attorney Igor Raykin, who represented the Colorado students, said the settlement was “a reasonable offer given the challenges of the suit itself and the legal landscape in general.”

Among the challenges, Raykin said, is the fact that these were precedent-setting cases and that a lengthy legal process meant many of the students have already graduated and gotten on with their lives.

“We wanted to make sure the students would be getting something that would benefit them.” Individual awards will vary, he said, but typically will be in the hundreds of dollars.

In May, the University of Minnesota&nbsp;<a target="_blank" href="https://www.twincities.com/2023/06/01/umn-students-to-get-bigger-refunds-from-pandemic-semester-as-class-action-lawsuit-settles/">also settled a class-action lawsuit</a>, allowing students to get bigger refunds of tuition and fees than the school initially allowed. And in June, a judge&nbsp;<a target="_blank" href="https://www.hbsslaw.com/sites/default/files/case-downloads/tuition-university-of-washington/2023-06-28-order-granting-class-certification.PDF">certified</a>&nbsp;a group of students in a class-action suit against the University of Washington.

However, early this year a judge in Rhode Island&nbsp;<a target="_blank" href="https://www.providencejournal.com/story/news/courts/2023/02/04/judge-dismisses-students-covid-claims-against-university-of-rhode-island/69870262007/">dismissed a case</a>&nbsp;against the University of Rhode Island and several other schools in that state,&nbsp;<a target="_blank" href="https://www.brown.edu/sites/default/files/order-03-04-21-web-small.pdf">ruling</a>&nbsp;that there were no enforceable contracts breached in the shutdowns. The plaintiffs argued that the shutdowns denied them university experiences they expected, based on the schools’ marketing materials, websites, course catalogs, student handbooks and the like.

But U.S. District Judge John McConnell Jr. ruled that, “unfortunately for [the] plaintiffs, these general advertisements and distinctions do not create obligations on the part of the university — they are vague and more akin to puffery, rather than enforceable promises.”

Two weeks ago, the Florida Supreme Court&nbsp;<a target="_blank" href="https://acis-api.flcourts.gov/courts/68f021c4-6a44-4735-9a76-5360b2e8af13/cms/case/0cbc501c-e5e1-44a0-9b8b-0781e2a31586/docketentrydocuments/2c17d27a-4160-48cf-a0fd-8bd31d9ec0aa">announced</a>&nbsp;it would consider a class-action suit from University of Florida students asking for compensation for being denied services during the COVID-19 shutdown.

But in another Florida case, the 11th U.S. Circuit Court of Appeals&nbsp;<a target="_blank" href="https://media.ca11.uscourts.gov/opinions/pub/files/202310299.pdf">upheld</a>&nbsp;a ruling from a lower court dismissing a student’s lawsuit against the University of Miami, a private school.

The university refunded pro-rated fees for housing, dining, student centers and gyms. The student argued that wasn’t enough, but the court ruled that she was “not entitled to damages stemming from any alleged breach of contract, unjust enrichment, or inadequate refunds on the part of Miami.”

“The pandemic forced students of all ages to learn from behind their computer screens for a period of time, and we certainly harbor a great deal of sympathy for those students whose educations and relationships were affected by the transition,” the court wrote.

“We hope that some comfort can be found, however, in our certainty that despite enduring the hardships created by the pandemic, any student who has earned a degree from a school like the University of Miami retains the unspoiled potential for a fulfilling and prosperous future.”

Florida attorney Jeffrey Ostrow, who represented students in a lawsuit against Barry University, a private school in Miami, said the cases have been “a mixed bag all over the place.” In one of the earliest settlements, Barry University in September 2021&nbsp;<a target="_blank" href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.570668/gov.uscourts.flsd.570668.84.0.pdf">agreed to set up a $2.4 million</a>&nbsp;compensation fund for students.

Ostrow maintains that universities did enter contracts for in-person learning and campus activities.

“All these students signed up for a program in class,” he said, noting that schools often charged less for online classes before the pandemic. “Whether [the university] was forced to, or decided unilaterally to shut those things down, it’s not fair for them to keep the [in-class payments].”

He also noted that many schools got pandemic relief payments from the federal government to help them weather the pandemic.

“There was federal money that a lot of the schools were able to get,” Ostrow said. “And we believe that money should have gone back to the students.”

<a target="_blank" href="https://stateline.org/">Stateline</a>&nbsp;is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence.&nbsp;

<figure>
 <img src="https://media.eaglewebservices.com/public/2020/9/1599528423128.png" alt="" />
 <figcaption></figcaption>
 </figure>By ELAINE S. POVICH <a href="https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2022/08/15/state-attorneys-general-unite-against-robocalls">Stateline</a>Thousands of college students will get hundreds of dollars in compensation as colleges and universities move this summer to settle multimillion-dollar lawsuits stemming from canceled classes and activities during COVID-19 pandemic shutdowns.While some of the class-action suits against the colleges and universities are still in litigation, and still others dismissed, several major cases have been settled in recent weeks.The settlements mean students who were charged tuition and fees but weren’t able to use in-person services during the pandemic shutdowns will receive some compensation, though they won’t be refunded for all the on-campus amenities they lost.The amounts depend on the total settlement figure, minus legal fees and other court expenses. Each case has a different timeline.Most recently, the University of Delaware agreed in June to set up a $6.3 million fund to partially reimburse tuition and fees that the students paid for classes, housing and activities in 2020. The students argued that they did not receive the full benefit of in-person participation in academics and extra-curricular activities. Each student is expected to receive&nbsp;<a target="_blank" href="https://www.delawareonline.com/story/news/local/2023/06/14/university-of-delaware-students-covid19-lawsuit-payments-settlement-remote-learning/70317763007/">several hundred dollars in cash</a>&nbsp;as part of the agreement.But the university did not admit wrongdoing and maintained that extenuating circumstances of the pandemic, and the lack of an official contract between the school and each student, meant it was justified in taking the tuition and fees — an argument made by many other schools.Many universities also have argued that they incurred significant expense in making the almost immediate transition to online classes. In interviews with Stateline, attorneys for some schools argued that the students’ argument was undercut by the fact that many chose to remain in remote classes after the campuses reopened, for convenience or health concerns.Florida attorney Mendy Halberstam, who was not involved in the Delaware case but who represents other universities that have been similarly sued, said in an interview that the schools feel compelled to defend themselves against cases they believe “are lacking in merit.”“They are not looking to make life difficult for their students,” he said, “but they also have to make sure of their [lack of] liability.”There have been about 300 such lawsuits, according to&nbsp;<a target="_blank" href="https://www.timeshighereducation.com/news/leading-us-universities-settle-covid-online-teaching-lawsuits">Times Higher Education,</a>&nbsp;a British publication that partners with The Wall Street Journal on rankings and evaluations of U.S. schools.The University of Colorado, for example,&nbsp;<a target="_blank" href="https://www.denverpost.com/2023/04/19/university-of-colorado-class-action-lawsuit-2020-5-million/">settled a similar class-action case</a>&nbsp;in April for $5 million.Attorney Igor Raykin, who represented the Colorado students, said the settlement was “a reasonable offer given the challenges of the suit itself and the legal landscape in general.”Among the challenges, Raykin said, is the fact that these were precedent-setting cases and that a lengthy legal process meant many of the students have already graduated and gotten on with their lives.“We wanted to make sure the students would be getting something that would benefit them.” Individual awards will vary, he said, but typically will be in the hundreds of dollars.In May, the University of Minnesota&nbsp;<a target="_blank" href="https://www.twincities.com/2023/06/01/umn-students-to-get-bigger-refunds-from-pandemic-semester-as-class-action-lawsuit-settles/">also settled a class-action lawsuit</a>, allowing students to get bigger refunds of tuition and fees than the school initially allowed. And in June, a judge&nbsp;<a target="_blank" href="https://www.hbsslaw.com/sites/default/files/case-downloads/tuition-university-of-washington/2023-06-28-order-granting-class-certification.PDF">certified</a>&nbsp;a group of students in a class-action suit against the University of Washington.However, early this year a judge in Rhode Island&nbsp;<a target="_blank" href="https://www.providencejournal.com/story/news/courts/2023/02/04/judge-dismisses-students-covid-claims-against-university-of-rhode-island/69870262007/">dismissed a case</a>&nbsp;against the University of Rhode Island and several other schools in that state,&nbsp;<a target="_blank" href="https://www.brown.edu/sites/default/files/order-03-04-21-web-small.pdf">ruling</a>&nbsp;that there were no enforceable contracts breached in the shutdowns. The plaintiffs argued that the shutdowns denied them university experiences they expected, based on the schools’ marketing materials, websites, course catalogs, student handbooks and the like.But U.S. District Judge John McConnell Jr. ruled that, “unfortunately for [the] plaintiffs, these general advertisements and distinctions do not create obligations on the part of the university — they are vague and more akin to puffery, rather than enforceable promises.”Two weeks ago, the Florida Supreme Court&nbsp;<a target="_blank" href="https://acis-api.flcourts.gov/courts/68f021c4-6a44-4735-9a76-5360b2e8af13/cms/case/0cbc501c-e5e1-44a0-9b8b-0781e2a31586/docketentrydocuments/2c17d27a-4160-48cf-a0fd-8bd31d9ec0aa">announced</a>&nbsp;it would consider a class-action suit from University of Florida students asking for compensation for being denied services during the COVID-19 shutdown.But in another Florida case, the 11th U.S. Circuit Court of Appeals&nbsp;<a target="_blank" href="https://media.ca11.uscourts.gov/opinions/pub/files/202310299.pdf">upheld</a>&nbsp;a ruling from a lower court dismissing a student’s lawsuit against the University of Miami, a private school.The university refunded pro-rated fees for housing, dining, student centers and gyms. The student argued that wasn’t enough, but the court ruled that she was “not entitled to damages stemming from any alleged breach of contract, unjust enrichment, or inadequate refunds on the part of Miami.”“The pandemic forced students of all ages to learn from behind their computer screens for a period of time, and we certainly harbor a great deal of sympathy for those students whose educations and relationships were affected by the transition,” the court wrote.“We hope that some comfort can be found, however, in our certainty that despite enduring the hardships created by the pandemic, any student who has earned a degree from a school like the University of Miami retains the unspoiled potential for a fulfilling and prosperous future.”Florida attorney Jeffrey Ostrow, who represented students in a lawsuit against Barry University, a private school in Miami, said the cases have been “a mixed bag all over the place.” In one of the earliest settlements, Barry University in September 2021&nbsp;<a target="_blank" href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.570668/gov.uscourts.flsd.570668.84.0.pdf">agreed to set up a $2.4 million</a>&nbsp;compensation fund for students.Ostrow maintains that universities did enter contracts for in-person learning and campus activities.“All these students signed up for a program in class,” he said, noting that schools often charged less for online classes before the pandemic. “Whether [the university] was forced to, or decided unilaterally to shut those things down, it’s not fair for them to keep the [in-class payments].”He also noted that many schools got pandemic relief payments from the federal government to help them weather the pandemic.“There was federal money that a lot of the schools were able to get,” Ostrow said. “And we believe that money should have gone back to the students.”<a target="_blank" href="https://stateline.org/">Stateline</a>&nbsp;is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence.&nbsp;

Some students blocked from campus when COVID hit get refunds

SHAWNEE COUNTY —Law enforcement authorities are investigating a fire and have made an arrest.

Just after 1:30a.m. Wednesday, crews responded to a vehicle fire&nbsp; at 1106 SW 17th Street in Topeka, according to Fire Department spokesperson Rosie Nichols.

Fire crews found three unoccupied passenger vans engulfed in flames. Firefighters began an offensive fire attack extinguishing the fires. No injuries were reported during the incident.

After a preliminary investigation the fire cause was intentionally set.

The total estimated loss was $49,000, all of which is associated with the loss of the vehicles.

As a result of the investigation police arrested 31-year-old Nicholas A. Darnell of Topeka on requested charges of Arson, Criminal use of explosives, Theft and Criminal damage to property.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/8/1691699854566.png" alt="Darnell-photo Shawnee Co." />
 <figcaption>Darnell-photo Shawnee Co.</figcaption>
 </figure>SHAWNEE COUNTY —Law enforcement authorities are investigating a fire and have made an arrest.Just after 1:30a.m. Wednesday, crews responded to a vehicle fire&nbsp; at 1106 SW 17th Street in Topeka, according to Fire Department spokesperson Rosie Nichols.Fire crews found three unoccupied passenger vans engulfed in flames. Firefighters began an offensive fire attack extinguishing the fires. No injuries were reported during the incident.After a preliminary investigation the fire cause was intentionally set.The total estimated loss was $49,000, all of which is associated with the loss of the vehicles.As a result of the investigation police arrested 31-year-old Nicholas A. Darnell of Topeka on requested charges of Arson, Criminal use of explosives, Theft and Criminal damage to property.

Kan. man accused of using explosives to set vans on fire

By SAM BAILEY <a href="https://kansasreflector.com/2023/04/06/grieving-moms-plea-to-kansas-lawmakers-do-something-this-epidemic-is-killing-our-kids/">Kansas Reflector</a>

TOPEKA — Heartland Tri-State Bank of Elkhart on July 28 became the fourth U.S. bank to fail in 2023 and the second Kansas bank to fail in three years.

David Herndon, Kansas banking commissioner, closed the southwest Kansas bank after it became insolvent because it was “apparently the victim of a huge scam,” he said. Herndon said he doesn’t know what the scam was, but he said other banks in the state were not affected.

“Kansas banks are strong and healthy,” he said. “They are well-capitalized, have strong reserves, are profitable and maintain record levels of loan reserves.”

Herndon named the Federal Deposit Insurance Corporation as receiver, allowing the FDIC to take control of the bank’s affairs. The FDIC then brokered a deal for Dream First Bank, National Association of Syracuse, Kansas to take over customers of Heartland Tri-State Bank.&nbsp;

On July 31, all four branches of Heartland Tri-State Bank were reopened as branches of Dream First Bank. Herndon said the transfer didn’t result in any disruptions to customers, who were protected from risk of loss.

“It was a terribly unfortunate event, but the system did work, and people had no interruption in accessing their accounts,” he said. “Sometimes businesses fail. This time it was a bank. But the depositors were protected.”

As of March 31, Heartland Tri-State Bank had $139 million in total assets and $130 million in total deposits, according to a&nbsp;<a target="_blank" href="https://www.fdic.gov/news/press-releases/2023/pr23058.html">FDIC news release</a>.&nbsp;

Dream First Bank assumed all deposits and agreed to purchase “essentially all of the failed bank’s assets,” the FDIC said. The regulator and Dream First Bank entered a shared-loss agreement on the loans purchased from Heartland Tri-State Bank to share the losses and potentially recover assets.&nbsp;

The bank is the smallest to fail in the past year, with the next closest in size being Signature Bank in New York. It failed March 12 with assets totaling $110 billion and deposits totaling $88.6 billion,&nbsp;<a target="_blank" href="https://www.fdic.gov/resources/resolutions/bank-failures/failed-bank-list/">according to the FDIC</a>.

In 2020,&nbsp;<a target="_blank" href="https://www.fdic.gov/news/press-releases/2020/pr20119.html">Almena State Bank</a>&nbsp;in Almena, Kansas, failed with approximately $70 million in assets and $68.7 million in total deposits.

While Heartland Tri-State Bank is under new ownership, an employee of the bank who declined to give their name said the Elkhart location is still in full operation and they have no information about the scam.

The employee told Kansas Reflector all workers are still employed at the location, but Shan Hanes, the president and CEO, is no longer there. They did not know any other information on the details of his departure or potential for return.

Hanes did not respond to an email interview request.

He was first employed by the bank as an agriculture loan officer and information technology officer in 1993, and he was promoted to president and CEO in 2008, according to a&nbsp;<a target="_blank" href="https://www.congress.gov/116/meeting/house/110309/witnesses/HHRG-116-AG22-Bio-HanesS-20191211.pdf">U.S. Congress biography</a>.&nbsp;

When Hanes was first hired at the bank, it was under the name First National Bank of Elkhart. That bank was opened in 1985.&nbsp;

According to Hanes’ biography, in 2011, he put a “local investment group together” and purchased the bank from its former holding company. Hanes was then named president and CEO.

In 2017, the bank was converted to a state chartered bank and renamed Heartland Tri-State Bank.

The&nbsp;<a target="_blank" href="https://banks.data.fdic.gov/bankfind-suite/bankfind/details/25851?activeStatus=0&amp;bankfindLevelThreeView=History&amp;branchOffices=true&amp;city=Elkhart&amp;name=First%20National%20Bank%20of%20Elkhart&amp;pageNumber=1&amp;resultLimit=25&amp;stalp=KS&amp;zip=67950">FDIC also reported</a>&nbsp;in 2019 the branch was purchased from a Citizens State Bank office in Wisner, Nebraska, and moved to the current main office in Elkhart.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/8/1691784229156.png" alt="Kansas bank commissioner David Herndon, seen here before a legislative committee in January 2022, says Heartland Tri-State Bank closed because of a “huge scam,” and while he doesn’t know details, no other banks were effected. (Sherman Smith/Kansas Reflector)" />
 <figcaption>Kansas bank commissioner David Herndon, seen here before a legislative committee in January 2022, says Heartland Tri-State Bank closed because of a “huge scam,” and while he doesn’t know details, no other banks were effected. (Sherman Smith/Kansas Reflector)</figcaption>
 </figure>By SAM BAILEY <a href="https://kansasreflector.com/2023/04/06/grieving-moms-plea-to-kansas-lawmakers-do-something-this-epidemic-is-killing-our-kids/">Kansas Reflector</a>TOPEKA — Heartland Tri-State Bank of Elkhart on July 28 became the fourth U.S. bank to fail in 2023 and the second Kansas bank to fail in three years.David Herndon, Kansas banking commissioner, closed the southwest Kansas bank after it became insolvent because it was “apparently the victim of a huge scam,” he said. Herndon said he doesn’t know what the scam was, but he said other banks in the state were not affected.“Kansas banks are strong and healthy,” he said. “They are well-capitalized, have strong reserves, are profitable and maintain record levels of loan reserves.”Herndon named the Federal Deposit Insurance Corporation as receiver, allowing the FDIC to take control of the bank’s affairs. The FDIC then brokered a deal for Dream First Bank, National Association of Syracuse, Kansas to take over customers of Heartland Tri-State Bank.&nbsp;On July 31, all four branches of Heartland Tri-State Bank were reopened as branches of Dream First Bank. Herndon said the transfer didn’t result in any disruptions to customers, who were protected from risk of loss.“It was a terribly unfortunate event, but the system did work, and people had no interruption in accessing their accounts,” he said. “Sometimes businesses fail. This time it was a bank. But the depositors were protected.”As of March 31, Heartland Tri-State Bank had $139 million in total assets and $130 million in total deposits, according to a&nbsp;<a target="_blank" href="https://www.fdic.gov/news/press-releases/2023/pr23058.html">FDIC news release</a>.&nbsp;Dream First Bank assumed all deposits and agreed to purchase “essentially all of the failed bank’s assets,” the FDIC said. The regulator and Dream First Bank entered a shared-loss agreement on the loans purchased from Heartland Tri-State Bank to share the losses and potentially recover assets.&nbsp;The bank is the smallest to fail in the past year, with the next closest in size being Signature Bank in New York. It failed March 12 with assets totaling $110 billion and deposits totaling $88.6 billion,&nbsp;<a target="_blank" href="https://www.fdic.gov/resources/resolutions/bank-failures/failed-bank-list/">according to the FDIC</a>.In 2020,&nbsp;<a target="_blank" href="https://www.fdic.gov/news/press-releases/2020/pr20119.html">Almena State Bank</a>&nbsp;in Almena, Kansas, failed with approximately $70 million in assets and $68.7 million in total deposits.<h2>Bank history</h2>While Heartland Tri-State Bank is under new ownership, an employee of the bank who declined to give their name said the Elkhart location is still in full operation and they have no information about the scam.The employee told Kansas Reflector all workers are still employed at the location, but Shan Hanes, the president and CEO, is no longer there. They did not know any other information on the details of his departure or potential for return.Hanes did not respond to an email interview request.He was first employed by the bank as an agriculture loan officer and information technology officer in 1993, and he was promoted to president and CEO in 2008, according to a&nbsp;<a target="_blank" href="https://www.congress.gov/116/meeting/house/110309/witnesses/HHRG-116-AG22-Bio-HanesS-20191211.pdf">U.S. Congress biography</a>.&nbsp;When Hanes was first hired at the bank, it was under the name First National Bank of Elkhart. That bank was opened in 1985.&nbsp;According to Hanes’ biography, in 2011, he put a “local investment group together” and purchased the bank from its former holding company. Hanes was then named president and CEO.In 2017, the bank was converted to a state chartered bank and renamed Heartland Tri-State Bank.The&nbsp;<a target="_blank" href="https://banks.data.fdic.gov/bankfind-suite/bankfind/details/25851?activeStatus=0&amp;bankfindLevelThreeView=History&amp;branchOffices=true&amp;city=Elkhart&amp;name=First%20National%20Bank%20of%20Elkhart&amp;pageNumber=1&amp;resultLimit=25&amp;stalp=KS&amp;zip=67950">FDIC also reported</a>&nbsp;in 2019 the branch was purchased from a Citizens State Bank office in Wisner, Nebraska, and moved to the current main office in Elkhart.

‘Huge scam’ in rural Kan. town fells fourth U.S. bank in 2023

LAHAINA, Hawaii (AP) — As the death toll from a&nbsp;<a href="https://apnews.com/article/live-updates-maui-fire-hawaii-wildfire-162a9fcdefe648d6bcd6557af70d894f">wildfire that razed a historic Maui town</a>&nbsp;reached 93, authorities warned Saturday that the effort to find and identify the dead was still in its early stages. It's already the deadliest U.S. wildfire for over a century.

“We’ve got an area that we have to contain that is at least 5 square miles and it is full of our loved ones,” noting that the death toll is likely to grow and “none of us really know the size of it yet.”

Pelletier said identifying the dead is extremely challenging because “we pick up the remains and they fall apart ... When we find our family and our friends, the remains that we’re finding is through a fire that melted metal." Two people have been identified so far, he said.

“It will certainly be the worst natural disaster that Hawaii ever faced,” Gov. Josh Green remarked Saturday as he toured the devastation on historic Front Street. "We can only wait and support those who are living. Our focus now is to reunite people when we can and get them housing and get them health care, and then turn to rebuilding.”

At least 2,200 buildings were damaged or destroyed in West Maui, Green said, of which 86% were residential. Across the island, he added, damage was estimated at close to $6 billion. He said it would take “an incredible amount of time” to recover."

At least two other fires have been burning on Maui, with no fatalities reported thus far: in south Maui’s Kihei area and in the mountainous, inland communities known as Upcountry. A fourth broke out Friday evening in Kaanapali, a coastal community north of Lahaina, but crews were able to extinguish it, authorities said.

“We need you to do the DNA test. We need to identify your loved ones,” Pelletier said.

“God took a really good man,” Weber-Bogar said.

The newly released death toll surpassed the toll of the&nbsp;<a href="https://apnews.com/article/wildfires-business-environment-and-nature-gavin-newsom-paradise-dbae2ef725b32d91ff4c612de38f01e2">2018 Camp Fire</a>&nbsp;in northern California, which left 85 dead and destroyed the town of Paradise. A century earlier, the 1918 Cloquet Fire broke out in drought-stricken northern Minnesota and raced through a number of rural communities, destroying thousands of homes and killing hundreds.

The wildfires are the state’s deadliest natural disaster in decades, surpassing a 1960 tsunami that killed 61 people. An even deadlier tsunami in 1946, which killed more than 150 on the Big Island, prompted development of a territory-wide emergency alert system with sirens that are tested monthly.

Hawaii emergency management records do not indicate the warning sirens sounded before fire hit the town. Officials sent alerts to mobile phones, televisions and radio stations, but widespread power and cellular outages may have limited their reach.

Fueled by a&nbsp;<a href="https://apnews.com/article/hawaii-wildfires-climate-change-92c0930be7c28ec9ac71392a83c87582">dry summer</a>&nbsp;and strong winds from a&nbsp;<a href="https://apnews.com/article/hawaii-wildfire-maui-dora-winds-ec23c16abfbeb6ba689f1a98263720db">passing hurricane</a>, the wildfires on Maui raced through parched brush covering the island.

“It outpaced anything firefighters could have done in the early hours,” U.S. Fire Administrator Lori Moore-Merrell said, adding that it moved horizontally, structure to structure and “incredibly fast.”

“It was a low-to-the-ground fire. It was grass-fed by all evidence that we could observe today,” she said.

The most serious blaze swept into Lahaina on Tuesday and destroyed nearly every building in the town of 13,000, leaving a grid of gray rubble wedged between the blue ocean and lush green slopes.

Maui water officials warned Lahaina and Kula residents not to drink running water, which may be contaminated even after boiling, and to only take short, lukewarm showers in well-ventilated rooms to avoid possible chemical vapor exposure.

Maui’s firefighting efforts may have been hampered by limited staff and equipment.

Bobby Lee, president of the Hawaii Firefighters Association, said there are a maximum of 65 county firefighters working at any given time, who are responsible for three islands: Maui, Molokai and Lanai.

Green said officials will review policies and procedures to improve safety.

“People have asked why we are reviewing what’s going on and it’s because the world has changed. A storm now can be a hurricane-fire or a fire-hurricane,” he said. “That’s what we experienced, that’s why we’re looking into these policies, to find out how we can best protect our people.”

Lahaina resident Riley Curran said he doubted that county officials could have done more, given the speed of the onrushing flames. He fled his Front Street home after seeing the oncoming fire from the roof of a neighboring building.

“It’s not that people didn’t try to do anything," Curran said. “The fire went from zero to 100.”

More than a dozen people formed an assembly line on Kaanapali Beach Saturday to unload water, toiletries, batteries and other essentials from a catamaran that sailed from another part of Maui.

David Taylor, marketing director of Kai Kanani Sailing, which owns the boat, said many of the supplies were for hotel employees who lost their homes and were living with their families at their workplaces.

“The aloha still exists,” he said as the group applauded when they finished unloading the boat. “We all feel it really intensely and everybody wants to feel like they can do something.”

Caitlin McKnight, who also volunteered at an emergency shelter at the island's war memorial, said she tried to be strong for those who lost everything.

“It was evident that those people, those families, people of the Maui ohana, they went through a traumatic event,” McKnight said, using a Hawaiian word for family. “You could just see it in their face.”

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/8/1691927642453.png" alt="At least 2,200 buildings were damaged or destroyed in West Maui-photo courtesy KHNL TV" />
 <figcaption>At least 2,200 buildings were damaged or destroyed in West Maui-photo courtesy KHNL TV</figcaption>
 </figure>LAHAINA, Hawaii (AP) — As the death toll from a&nbsp;<a href="https://apnews.com/article/live-updates-maui-fire-hawaii-wildfire-162a9fcdefe648d6bcd6557af70d894f">wildfire that razed a historic Maui town</a>&nbsp;reached 93, authorities warned Saturday that the effort to find and identify the dead was still in its early stages. It's already the deadliest U.S. wildfire for over a century.Crews with cadaver dogs have covered just 3% of the search area, Maui Police Chief John Pelletier said.“We’ve got an area that we have to contain that is at least 5 square miles and it is full of our loved ones,” noting that the death toll is likely to grow and “none of us really know the size of it yet.”He spoke as federal emergency workers picked through the ashen moonscape left by the fire that razed the centuries-old town of Lahaina. Teams marked the ruins of homes with a bright orange X to record an initial search, and HR when they found human remains.Pelletier said identifying the dead is extremely challenging because “we pick up the remains and they fall apart ... When we find our family and our friends, the remains that we’re finding is through a fire that melted metal." Two people have been identified so far, he said.Dogs worked the rubble, and their occasional bark — used to alert their handlers to a possible corpse — echoed over the hot and colorless landscape.“It will certainly be the worst natural disaster that Hawaii ever faced,” Gov. Josh Green remarked Saturday as he toured the devastation on historic Front Street. "We can only wait and support those who are living. Our focus now is to reunite people when we can and get them housing and get them health care, and then turn to rebuilding.”At least 2,200 buildings were damaged or destroyed in West Maui, Green said, of which 86% were residential. Across the island, he added, damage was estimated at close to $6 billion. He said it would take “an incredible amount of time” to recover."The confirmed death toll was later raised to 93 from the total of 89 announced in a press conference with Green and other officials.At least two other fires have been burning on Maui, with no fatalities reported thus far: in south Maui’s Kihei area and in the mountainous, inland communities known as Upcountry. A fourth broke out Friday evening in Kaanapali, a coastal community north of Lahaina, but crews were able to extinguish it, authorities said.Green said the Upcountry fire had affected 544 structures, of which 96% were residential.Emergency managers in Maui were searching for places to house people displaced from their homes. As many as 4,500 people are in need of shelter, county officials said on Facebook early Saturday, citing figures from the Federal Emergency Management Agency and the Pacific Disaster Center.He encouraged those with missing family members to go to the family assistance center.“We need you to do the DNA test. We need to identify your loved ones,” Pelletier said.Those who escaped counted their blessings, thankful to be alive as they mourned those who didn't make it.Retired fire captain Geoff Bogar and his friend of 35 years, Franklin Trejos, initially stayed behind to help others in Lahaina and save Bogar's house. But as the flames moved closer and closer Tuesday afternoon, they knew they had to get out. Each escaped to his own car. When Bogar's wouldn't start, he broke through a window to get out, then crawled on the ground until a police patrol found him and brought him to a hospital.Trejos wasn't as lucky. When Bogar returned the next day, he found the bones of his 68-year-old friend in the back seat of his car, lying on top of the remains of the Bogars' beloved 3-year-old golden retriever Sam, whom he had tried to protect.Trejos, a native of Costa Rica, had lived for years with Bogar and his wife, Shannon Weber-Bogar, helping her with her seizures when her husband couldn't. He filled their lives with love and laughter.“God took a really good man,” Weber-Bogar said.The newly released death toll surpassed the toll of the&nbsp;<a href="https://apnews.com/article/wildfires-business-environment-and-nature-gavin-newsom-paradise-dbae2ef725b32d91ff4c612de38f01e2">2018 Camp Fire</a>&nbsp;in northern California, which left 85 dead and destroyed the town of Paradise. A century earlier, the 1918 Cloquet Fire broke out in drought-stricken northern Minnesota and raced through a number of rural communities, destroying thousands of homes and killing hundreds.The wildfires are the state’s deadliest natural disaster in decades, surpassing a 1960 tsunami that killed 61 people. An even deadlier tsunami in 1946, which killed more than 150 on the Big Island, prompted development of a territory-wide emergency alert system with sirens that are tested monthly.Hawaii emergency management records do not indicate the warning sirens sounded before fire hit the town. Officials sent alerts to mobile phones, televisions and radio stations, but widespread power and cellular outages may have limited their reach.Fueled by a&nbsp;<a href="https://apnews.com/article/hawaii-wildfires-climate-change-92c0930be7c28ec9ac71392a83c87582">dry summer</a>&nbsp;and strong winds from a&nbsp;<a href="https://apnews.com/article/hawaii-wildfire-maui-dora-winds-ec23c16abfbeb6ba689f1a98263720db">passing hurricane</a>, the wildfires on Maui raced through parched brush covering the island.“It outpaced anything firefighters could have done in the early hours,” U.S. Fire Administrator Lori Moore-Merrell said, adding that it moved horizontally, structure to structure and “incredibly fast.”“It was a low-to-the-ground fire. It was grass-fed by all evidence that we could observe today,” she said.The most serious blaze swept into Lahaina on Tuesday and destroyed nearly every building in the town of 13,000, leaving a grid of gray rubble wedged between the blue ocean and lush green slopes.Maui water officials warned Lahaina and Kula residents not to drink running water, which may be contaminated even after boiling, and to only take short, lukewarm showers in well-ventilated rooms to avoid possible chemical vapor exposure.Maui’s firefighting efforts may have been hampered by limited staff and equipment.Bobby Lee, president of the Hawaii Firefighters Association, said there are a maximum of 65 county firefighters working at any given time, who are responsible for three islands: Maui, Molokai and Lanai.Green said officials will review policies and procedures to improve safety.“People have asked why we are reviewing what’s going on and it’s because the world has changed. A storm now can be a hurricane-fire or a fire-hurricane,” he said. “That’s what we experienced, that’s why we’re looking into these policies, to find out how we can best protect our people.”Lahaina resident Riley Curran said he doubted that county officials could have done more, given the speed of the onrushing flames. He fled his Front Street home after seeing the oncoming fire from the roof of a neighboring building.“It’s not that people didn’t try to do anything," Curran said. “The fire went from zero to 100.”More than a dozen people formed an assembly line on Kaanapali Beach Saturday to unload water, toiletries, batteries and other essentials from a catamaran that sailed from another part of Maui.David Taylor, marketing director of Kai Kanani Sailing, which owns the boat, said many of the supplies were for hotel employees who lost their homes and were living with their families at their workplaces.“The aloha still exists,” he said as the group applauded when they finished unloading the boat. “We all feel it really intensely and everybody wants to feel like they can do something.”Caitlin McKnight, who also volunteered at an emergency shelter at the island's war memorial, said she tried to be strong for those who lost everything.“It was evident that those people, those families, people of the Maui ohana, they went through a traumatic event,” McKnight said, using a Hawaiian word for family. “You could just see it in their face.”

Maui wildfire now deadliest in the US in more than 100 years

KANSAS CITY– A Kansas City man pleaded guilty in federal court this week to recording his sexual abuse of a seven-year-old victim and sharing a video of the abuse online, according to the United State's Attorney.

Jeffrey A. Knight, 32, pleaded guilty before U.S. District Judge Howard F. Sachs to one count of producing child pornography.

By pleading guilty, Knight admitted that he used his iPhone to create an image and two video recordings of his sexual abuse of the child victim on Feb. 2, 2020. Knight then distributed one of those videos over the internet.

Knight also admitted that he sexually abused the child victim on multiple occasions until April 2022.

Knight has been involved in the trafficking and possession of child pornography since at least 2013. He routinely used messaging applications, such as Telegram, to send and receive child pornography from other individuals over the internet. He also paid money to join online groups that focused on the trafficking of child pornography, and engaged in the trafficking of child pornography with other members of those online groups.

Knight uploaded hundreds of images and videos of child pornography to his online storage accounts, including Google and Dropbox, from 2013 until his arrest on Feb. 3, 2023. Knight was in possession of hundreds of images and videos of child pornography at the time of his arrest.

A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Kenneth W. Borgnino. It was investigated by Homeland Security Investigations.

KANSAS CITY– A Kansas City man pleaded guilty in federal court this week to recording his sexual abuse of a seven-year-old victim and sharing a video of the abuse online, according to the United State's Attorney.Jeffrey A. Knight, 32, pleaded guilty before U.S. District Judge Howard F. Sachs to one count of producing child pornography.By pleading guilty, Knight admitted that he used his iPhone to create an image and two video recordings of his sexual abuse of the child victim on Feb. 2, 2020. Knight then distributed one of those videos over the internet.Knight also admitted that he sexually abused the child victim on multiple occasions until April 2022.Knight has been involved in the trafficking and possession of child pornography since at least 2013. He routinely used messaging applications, such as Telegram, to send and receive child pornography from other individuals over the internet. He also paid money to join online groups that focused on the trafficking of child pornography, and engaged in the trafficking of child pornography with other members of those online groups.Knight uploaded hundreds of images and videos of child pornography to his online storage accounts, including Google and Dropbox, from 2013 until his arrest on Feb. 3, 2023. Knight was in possession of hundreds of images and videos of child pornography at the time of his arrest.A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.This case is being prosecuted by Assistant U.S. Attorney Kenneth W. Borgnino. It was investigated by Homeland Security Investigations.

KC man admits using phone to create videos of child sex abuse

SEDGWICK COUNTY —According to the United State's Attorney, 30-year-old Regan Riner of Wichita was indicted this week on&nbsp;two counts of possession of fentanyl with intent to distribute, two counts of possession of methamphetamine with intent to distribute, one count of possession of a firearm by a convicted felon, and one count of possession of a firearm in furtherance of a drug trafficking crime. The Drug Enforcement Administration (DEA) and the Bureau of

Alcohol, Tobacco, Firearms and Explosives (ATF) are investigating the case. Assistant U.S. Attorneys Lanny Welch and Katie Andrusak are prosecuting the case.

Riner has four previous drug convictions, according to the Kansas Dept. of Corrections

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/8/1691698518981.png" alt="Riner has four previous drug convictions, according to the Kansas Dept. of Corrections" />
 <figcaption>Riner has four previous drug convictions, according to the Kansas Dept. of Corrections</figcaption>
 </figure>SEDGWICK COUNTY —According to the United State's Attorney, 30-year-old Regan Riner of Wichita was indicted this week on&nbsp;two counts of possession of fentanyl with intent to distribute, two counts of possession of methamphetamine with intent to distribute, one count of possession of a firearm by a convicted felon, and one count of possession of a firearm in furtherance of a drug trafficking crime. The Drug Enforcement Administration (DEA) and the Bureau ofAlcohol, Tobacco, Firearms and Explosives (ATF) are investigating the case. Assistant U.S. Attorneys Lanny Welch and Katie Andrusak are prosecuting the case.Riner has four previous drug convictions, according to the Kansas Dept. of Corrections

Indictment: Kansas woman wanted to sell fentanyl, meth

JOHNSON COUNTY—Law enforcement authorities are investigating a fatal hit and run accident that occurred just before 2:30a.m. Saturday in Johnson County.

The Kansas Highway Patrol reported an unknown vehicle was southbound on Interstate 35 just north of Santa Fe.

The vehicle struck a pedestrian identified as 27-year-old Maxwell Michael&nbsp;&nbsp;Pozek of Lenexa and didn't stop. Pozek was pronounced dead at the scene and transported to&nbsp;Johnson County Medical Examiner's office. The KHP reported no additional details.

JOHNSON COUNTY—Law enforcement authorities are investigating a fatal hit and run accident that occurred just before 2:30a.m. Saturday in Johnson County.The Kansas Highway Patrol reported an unknown vehicle was southbound on Interstate 35 just north of Santa Fe.The vehicle struck a pedestrian identified as 27-year-old Maxwell Michael&nbsp;&nbsp;Pozek of Lenexa and didn't stop. Pozek was pronounced dead at the scene and transported to&nbsp;Johnson County Medical Examiner's office. The KHP reported no additional details.

Kansas man dies after hit-and-run accident

TOPEKA, Kan. (AP) — Three members of the Kansas Supreme Court want to make it easier for prosecutors to convict defendants of kidnapping, saying in a dissenting opinion Friday that the court should abandon a legal rule it has used for nearly 50 years in reviewing criminal cases.

The court issued&nbsp;<a href="https://www.kscourts.org/KSCourts/media/KsCourts/Opinions/122156_1.PDF">a 4-3 decision</a>&nbsp;in the case of a Finney County man convicted of aggravated kidnapping, aggravated rape and aggravated sodomy over a December 2018 attack on a woman in her home. While the court upheld Michael Wayne Couch's other convictions, it reversed his kidnapping conviction.

The majority invoked a rule imposed in a 1976 decision that similarly involved multiple crimes. In that earlier case, the court declared that a defendant could not be convicted of kidnapping if the actions covered by that charge are “inherent” in another crime, are “slight or inconsequential” or have no "significance independently.”

The Supreme Court in 1976 gave examples. It said a robbery on the street does not involve kidnapping, but forcing the victim into an alley does. Moving a rape victim from room to room in a house for the rapist's “convenience” is not kidnapping, but forcing the victim from a public place to a secluded one is.

According to the court's opinion, Couch broke into the home of the victim, identified only as H.D., threatened her with a knife and forced her to move throughout the house. The majority concluded that moving the victim through the house did not “facilitate” Couch's sex crimes by making them “substantially easier to commit” or helping to hide them.

But Justice Caleb Stegall said in a dissenting opinion that the 1976 rule is “difficult and cumbersome to apply” and goes against “plain and unambiguous” language in the law defining kidnapping as confining someone using force, threats or deception. He was joined in his dissent by Chief Justice Marla Luckert and Justice Evelyn Wilson, both former trial court judges.

“We have repeatedly recognized that the Legislature, not the courts, is the primary policy-making branch of the government and that it is not within our power to rewrite statutes to satisfy our policy preferences,” Stegall wrote. “In my view, vindicating these principles far outweighs continued adhearance to a wrongly decided and badly reasoned precedent.”

If a sex crime also is involved, a conviction in Kansas for aggravated kidnapping, or harming someone during a kidnapping, carries a penalty of at least 20 years in prison. Couch was sentenced to nearly 109 years in prison for all of his crimes.

The arguments among the seven justices in Kansas echoed arguments among U.S. Supreme Court members in a far different context in the Dobbs decision last year&nbsp;<a href="https://apnews.com/article/abortion-supreme-court-decision-854f60302f21c2c35129e58cf8d8a7b0">overturning Roe v. Wade</a>&nbsp;and allowing states to outlaw abortion. Five conservative justices rejected arguments that the court should uphold Roe v. Wade because it was well-settled law, protecting access to abortion for nearly 50 years.

In Friday's ruling, Kansas Justice K.J. Wall said the state's appellate courts have long relied on the 1976 decision to decide whether a kidnapping occurred. Neither side in Couch's case asked for it to be overruled, he wrote.

“And we have previously declined to reconsider precedent under similar circumstances,” Wall wrote. He was joined in the majority by Justices Dan Biles, Eric Rosen and Melissa Standridge. Rosen is a former trial court judge.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/8/1691783882215.png" alt="Couch has convictions for rape, aggravated criminal sodomy, aggravated burglary and aggravated battery, according to the Kansas Dept. of corrections. He is being held in the El Dorado Correctional Facility" />
 <figcaption>Couch has convictions for rape, aggravated criminal sodomy, aggravated burglary and aggravated battery, according to the Kansas Dept. of corrections. He is being held in the El Dorado Correctional Facility</figcaption>
 </figure>TOPEKA, Kan. (AP) — Three members of the Kansas Supreme Court want to make it easier for prosecutors to convict defendants of kidnapping, saying in a dissenting opinion Friday that the court should abandon a legal rule it has used for nearly 50 years in reviewing criminal cases.The court issued&nbsp;<a href="https://www.kscourts.org/KSCourts/media/KsCourts/Opinions/122156_1.PDF">a 4-3 decision</a>&nbsp;in the case of a Finney County man convicted of aggravated kidnapping, aggravated rape and aggravated sodomy over a December 2018 attack on a woman in her home. While the court upheld Michael Wayne Couch's other convictions, it reversed his kidnapping conviction.The majority invoked a rule imposed in a 1976 decision that similarly involved multiple crimes. In that earlier case, the court declared that a defendant could not be convicted of kidnapping if the actions covered by that charge are “inherent” in another crime, are “slight or inconsequential” or have no "significance independently.”The Supreme Court in 1976 gave examples. It said a robbery on the street does not involve kidnapping, but forcing the victim into an alley does. Moving a rape victim from room to room in a house for the rapist's “convenience” is not kidnapping, but forcing the victim from a public place to a secluded one is.According to the court's opinion, Couch broke into the home of the victim, identified only as H.D., threatened her with a knife and forced her to move throughout the house. The majority concluded that moving the victim through the house did not “facilitate” Couch's sex crimes by making them “substantially easier to commit” or helping to hide them.But Justice Caleb Stegall said in a dissenting opinion that the 1976 rule is “difficult and cumbersome to apply” and goes against “plain and unambiguous” language in the law defining kidnapping as confining someone using force, threats or deception. He was joined in his dissent by Chief Justice Marla Luckert and Justice Evelyn Wilson, both former trial court judges.“We have repeatedly recognized that the Legislature, not the courts, is the primary policy-making branch of the government and that it is not within our power to rewrite statutes to satisfy our policy preferences,” Stegall wrote. “In my view, vindicating these principles far outweighs continued adhearance to a wrongly decided and badly reasoned precedent.”If a sex crime also is involved, a conviction in Kansas for aggravated kidnapping, or harming someone during a kidnapping, carries a penalty of at least 20 years in prison. Couch was sentenced to nearly 109 years in prison for all of his crimes.The arguments among the seven justices in Kansas echoed arguments among U.S. Supreme Court members in a far different context in the Dobbs decision last year&nbsp;<a href="https://apnews.com/article/abortion-supreme-court-decision-854f60302f21c2c35129e58cf8d8a7b0">overturning Roe v. Wade</a>&nbsp;and allowing states to outlaw abortion. Five conservative justices rejected arguments that the court should uphold Roe v. Wade because it was well-settled law, protecting access to abortion for nearly 50 years.In Friday's ruling, Kansas Justice K.J. Wall said the state's appellate courts have long relied on the 1976 decision to decide whether a kidnapping occurred. Neither side in Couch's case asked for it to be overruled, he wrote.“And we have previously declined to reconsider precedent under similar circumstances,” Wall wrote. He was joined in the majority by Justices Dan Biles, Eric Rosen and Melissa Standridge. Rosen is a former trial court judge.

Kan. court's reversal of a kidnapping conviction prompts call for a new legal rule

MORGAN COUNTY —Law enforcement authorities are investigating a boat explosion that injured 16-people at the Millstone Marina at Lake of the Ozarks.&nbsp;

According to the Missouri State Highway Patrol, just after 4:30p.m. Friday, a 2000 Carver Cabin motor boat driven by Matthew J. Simcox, 41, Ofallon, was fueling at the marina gas docks.&nbsp;Gas fumes built up in the engine area and when Simcox started the vessel, a spark set off the explosion in the engine compartment.

Three passengers on the boat were ejected due to the blast. Mid-Missouri Ambulance District transported a 15-year-old girl and a 34-year-old woman both from Weldon Spring to Lake Regional Hospital. Camden County Mercy EMS transported a 34-year-old woman from Ofallon to Lake Regional Hospital. A private vehicle transported Allyson J. Gaut, 18, Jamul, California and Paige A. Sery, 19, Weldon Springs, to Lake Regional Hospital.

Simcox and 11 others ranging in age from 6 to 43 were treated at the scene for minor injuries.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/8/1691840851738.png" alt="Photos Missouri State Highway Patrol" />
 <figcaption>Photos Missouri State Highway Patrol</figcaption>
 </figure>MORGAN COUNTY —Law enforcement authorities are investigating a boat explosion that injured 16-people at the Millstone Marina at Lake of the Ozarks.&nbsp;According to the Missouri State Highway Patrol, just after 4:30p.m. Friday, a 2000 Carver Cabin motor boat driven by Matthew J. Simcox, 41, Ofallon, was fueling at the marina gas docks.&nbsp;Gas fumes built up in the engine area and when Simcox started the vessel, a spark set off the explosion in the engine compartment.<figure>
 <img src="https://media.eaglewebservices.com/public/2023/8/1691840831988.png" alt="" />
 <figcaption></figcaption>
 </figure>Three passengers on the boat were ejected due to the blast. Mid-Missouri Ambulance District transported a 15-year-old girl and a 34-year-old woman both from Weldon Spring to Lake Regional Hospital. Camden County Mercy EMS transported a 34-year-old woman from Ofallon to Lake Regional Hospital. A private vehicle transported Allyson J. Gaut, 18, Jamul, California and Paige A. Sery, 19, Weldon Springs, to Lake Regional Hospital.Simcox and 11 others ranging in age from 6 to 43 were treated at the scene for minor injuries.

16 injured after boat explosion at Lake of the Ozarks

The lawsuit was originally filed by attorneys general in Missouri and Louisiana last year alleging the federal government colluded with social media companies to suppress free speech

By JASON HANCOCK <a href="https://missouriindependent.com/2023/02/20/state-senator-throws-first-punches-of-2024-missouri-governors-campaign/">Missouri Independent</a>

Attorneys for the Biden administration argued this week that a district judge in Louisiana overstepped his authority by barring the federal government from communicating with social media companies to urge them to moderate information deemed harmful or misleading.

A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans heard arguments over whether it should lift an injunction issued by a lower court in July that concluded the government wrongly pushed social media companies to suppress disfavored political views.&nbsp;

Daniel Tenny, an attorney with the U.S. Department of Justice, made the case Thursday that the injunction hampers the government’s ability to deal with misinformation during emergencies and violates the government’s own right to speak freely.

“Plaintiffs have urged, for example, that if there were a natural disaster and there were untrue statements circulating on social media that were damaging to the public interest, the government would be powerless under the injunction to discourage social media companies from further disseminating those incorrect statements,” said Daniel Tenny of the U.S. Department of Justice.&nbsp;

<figure>
 <img src="https://media.eaglewebservices.com/public/2020/1/1578090484280.jpeg" alt="" />
 <figcaption></figcaption>
 </figure><h2>The lawsuit was originally filed by attorneys general in Missouri and Louisiana last year alleging the federal government colluded with social media companies to suppress free speech</h2>By JASON HANCOCK <a href="https://missouriindependent.com/2023/02/20/state-senator-throws-first-punches-of-2024-missouri-governors-campaign/">Missouri Independent</a>Attorneys for the Biden administration argued this week that a district judge in Louisiana overstepped his authority by barring the federal government from communicating with social media companies to urge them to moderate information deemed harmful or misleading.A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans heard arguments over whether it should lift an injunction issued by a lower court in July that concluded the government wrongly pushed social media companies to suppress disfavored political views.&nbsp;Daniel Tenny, an attorney with the U.S. Department of Justice, made the case Thursday that the injunction hampers the government’s ability to deal with misinformation during emergencies and violates the government’s own right to speak freely.“Plaintiffs have urged, for example, that if there were a natural disaster and there were untrue statements circulating on social media that were damaging to the public interest, the government would be powerless under the injunction to discourage social media companies from further disseminating those incorrect statements,” said Daniel Tenny of the U.S. Department of Justice.&nbsp;The lawsuit was filed last year by former Missouri Attorney General Eric Schmitt and Louisiana Attorney General Jeff Landry. It alleges the federal government colluded with social media companies like Twitter and Facebook to suppress the freedom of speech.U.S. District Judge Terry Doughty ruled July 4 that&nbsp;<a target="_blank" href="https://missouriindependent.com/briefs/judge-limits-biden-administration-contact-with-social-media-platforms-in-censorship-case/">officials under both Democratic President Joe Biden and Republican President Donald Trump coerced social media companies to censor content&nbsp;</a>over concerns it would fuel vaccine hesitancy during the COVID-19 pandemic or upend elections.Doughty, a Trump appointee, said the “widespread censorship campaign” violated the U.S. Constitution’s First Amendment’s free speech guarantees. His order barred government agencies, including the Department of Health and Human Services and the Federal Bureau of Investigation, from contacting social media companies “for the purpose of urging, encouraging, pressuring or inducing in any manner the removal, deletion, suppression or reduction of content containing protected free speech.”The Biden administration quickly appealed, and the 5th Circuit temporarily put the judge’s ruling on hold.During Thursday’s hearing, judges asked Tenny directly about communications between the government and social media companies, which they said at times felt coercive.“What appears to be in the record are these irate messages, from time to time, from high ranking government officials who say ‘you didn’t do this yet,’” ”said Judge Edith Brown Clement, an appointee of former President George W. Bush. “And so it’s like, jump, and how high.”Judge Don Willett, a Trump appointee, said he believes it’s “perfectly fine for the government to call out publicly someone for posting or publishing something that the government believes is false or believes is dangerous.”But the conversations at the heart of this lawsuit took place in private, Willett said, and seem to have relied on “a fairly unsubtle kind of strong arming.”“That’s a really nice social media platform you got there,” Willett continued, “it’d be a shame if something happened to it.”D. John Sauer, the former solicitor general of Missouri who argued Thursday on behalf of the Louisiana attorney general, equated the government’s communications with social media companies to hypothetically pressuring booksellers to create a “book burning program.”&nbsp;“In July of 2021, you see the platform’s having resisted the White House pressure for a significant period of time, all of a sudden after public threats combined with the private pressure campaign that had lasted for months and months, you see the platform just giving in,” Sauer said.&nbsp;The result, Sauer argued, was the deplatforming of conservative voices and the silencing of “prominent critics of the administration.”Biden administration attorneys argued federal officials don’t have the authority to order content removed from social media platforms, accusing GOP attorneys general of misrepresenting communications with companies about public health disinformation and election conspiracies.There is no evidence of threats by the administration, Tenny said Thursday.&nbsp;“The district court identified no evidence suggesting that a threat accompanied any request for the removal of content,” Tenny argued in a brief asking for the injunction to be lifted.&nbsp;The&nbsp;whole&nbsp;theory&nbsp;of&nbsp;coercion, Tenny said, “falls&nbsp;apart&nbsp;on&nbsp;the&nbsp;facts.”The lawsuit has garnered widespread attention, and attracted co-plaintiffs with long histories of spreading misinformation and debunked conspiracy theories.That includes Jim Hoft, founder of the right-wing conspiracy website Gateway Pundit, who was added to the lawsuit in August and has built a career on promulgating conspiracies on a wide range of topics, from the 2018 Parkland school shooting to former President Barack Obama’s birth certificate.More recently, Hoft has been among the biggest purveyors of election fraud lies. He currently faces&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/04/28/missouri-lawsuit-isnt-the-only-defamation-case-against-far-right-site-gateway-pundit/">defamation lawsuit in St. Louis circuit court</a>&nbsp;filed by two Georgia election workers who faced death threats following Gateway Pundit’s false stories about a vote-rigging scheme.&nbsp;Sauer cited Hoft directly during Thursday’s argument, claiming that he is “currently&nbsp;subjected&nbsp;to&nbsp;an&nbsp;ongoing&nbsp;campaign&nbsp;by&nbsp;federal&nbsp;officials&nbsp;to&nbsp;target&nbsp;the&nbsp;content&nbsp;on&nbsp;his&nbsp;website.”&nbsp;The lawsuit also attracted support from&nbsp;<a target="_blank" href="https://missouriindependent.com/2022/12/06/anti-vaxxers-seek-to-intervene-in-missouri-ag-eric-schmitts-social-media-lawsuit/">presidential hopeful Robert F. Kennedy Jr</a>., who has a long history of promoting medical misinformation such as the idea that vaccines cause autism and Wi-Fi causes cancer.&nbsp;