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In a small Kansas town, a brazen attack on press freedom Judd Legum

Published

11 months ago

August 23, 2023

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Marion County Record publisher Eric Meyer (Screenshot/Youtube)

“These are Hitler tactics, and something has to be done.”

Those were the words of 98-year-old Joan Meyer, the co-owner of the Marion County Record, after her home and office were raided by the City of Marion’s entire five-person police department on Friday. Experts believe the extraordinary raid, which was first reported by the Kansas Reflector, was a violation of federal law.

Law enforcement seized her computer, her router, and even the Amazon Alexa speaker she used to stream television shows. On Saturday, reportedly unable to eat or sleep, Meyer collapsed and died.

The saga began on August 1, when Eric Meyer, Joan’s son and the Record’s publisher, and Record reporter Phillis Zorn were kicked out of an open forum held by Congressman Jake LaTurner (R-KS) by Marion police chief Gideon Cody. Kari Newell, who owns the coffee shop where the event took place, told Zorn that she “will not have members of the media in my establishment.”

On August 7, Newell appeared at the Marion City Council meeting and accused the Record of “illegally obtaining drunken-driving information about her and supplying it to a council member.” Newell’s accusation, according to Eric Meyer, was false. He reported that “the information was provided to the Record via social media and independently sent… to both the newspaper and the council member.”

The Record decided not to publish the information. Instead, they alerted Cody because they believed the information might have been obtained improperly. Newell later told Eric Meyer that she believed the information was given to the source by her estranged husband in an effort to sink Newell’s pending application for a liquor license. Kansas law prohibits awarding liquor licenses to individuals with felony drunk driving convictions. (Drunk driving is only a felony in Kansas for serial offenders.)

On August 11, Cody, all four of the city’s police officers, and two sheriff’s deputies seized computers, cell phones, and other materials from the Record offices, Zorn’s home, and the home shared by Eric Meyer and Joan Meyer. The search warrant was extremely broad, authorizing, among other things, the seizure of “digital communications devices allowing access to the internet… which were or have been used to access the Kansas Department of Revenue records website,” “documents and records pertaining to Kari Newell,” and any “digital store media… used to store documents and items of personal information.”

According to Eric Meyer, the police took “everything we have,” and it would be extremely difficult for him to continue publishing the paper.

The search and seizure of journalistic work product is generally prohibited by federal law. The Privacy Protection Act states, “it shall be unlawful for a government officer or employee, in connection with the investigation or prosecution of a criminal offense, to search for or seize any work product materials possessed by a person reasonably believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication.” The only exception is “there is probable cause to believe that the person possessing such materials has committed or is committing the criminal offense to which the materials relate.” A search warrant signed by Magistrate Judge Laura Viar stated she determined there was probable cause that the Record and its reporters were violating the Kansas law prohibiting identity theft.

It is improbable that the Record or any of its reporters were engaged in identity theft. The Kansas law “obtaining, possessing, transferring, using, selling or purchasing any personal identifying information” with the intent to “defraud that person” or “misrepresent that person in order to subject that person to economic or personal hard.” Here, the Record was engaged in reporting.

“Newsroom raids in this country receded into history 50 years ago,” John Galer, the chairperson of the National Newspaper Association, said. “For a newspaper to be intimidated by an unannounced search and seizure is unthinkable in an America that respects its First Amendment rights.”

What was motivating the police chief?

Why would the police chief conduct a raid on a newspaper’s office, its reporters, and its publishers? Cody is very new to the job. He was only sworn in on May 31, 2023. Prior to that, Cody spent 24 years as a police officer in Kansas City, Missouri.

In an interview with Marisa Kabas, author of The Handbasket newsletter, Eric Meyer revealed that the Record “been investigating the police chief.” According to Meyer, when Cody “was named Chief just two months ago, we got an outpouring of calls from his former co-workers making a wide array of allegations against him saying that he was about to be demoted at his previous job and that he retired to avoid demotion and punishment over sexual misconduct charges.” Notably, “the allegations—including the identities of who made the allegations—were on one of the computers that got seized.” Meyer said that one of his reporters had worked for “weeks” on the story. He emphasized that the Recrod is “not making any allegations against him, but we had investigated allegations.”

Cody was personally involved in the raid. He allegedly “forcibly grabbed reporter Deb Gruver’s personal cell phone from her hand, reinjuring one of her fingers, which had previously been dislocated.

Why did the judge approve the warrant?

The search warrant, however, still required approval from a judge. But Judge Viar is also new to the job. She was appointed to the position less than 9 months ago, on November 18, 2022. Prior to her appointment, Viar was a lawyer in private practice.

It is unclear what evidence was presented to Viar that convinced her the Record was engaged in identity theft. Normally, a probable cause affidavit accompanies the search warrant. But, according to the Record, no such document is on file with the court. The county attorney, Joel Ensey, has also refused to release the probable cause affidavit, saying it is “not a public document.”

That claim is false. Under Kansas law, “after the warrant or summons has been executed,” a probable cause affidavit “shall be made available to… any person” by requesting it from the court clerk. A prosecutor then has five days to request that the affidavit be redacted or sealed based on a series of limited exceptions, including that the publication would “endanger the life or physical safety of any person.” Here, it does not appear the probable cause affidavit was even filed.

On Saturday, Cody wrote on Facebook that he could not “give everyone details on a criminal investigation.” But he maintained that “when the rest of the story is available to the public, the judicial system that is being questioned will be vindicated.” Cody said that the “victim asks that we do all the law allows to ensure justice is served” and “Marion Kansas Police Department will [sic] nothing less.”

Meyer says he expects to file a suit in federal court against the City of Marion and everyone involved in the search. The Privacy Protection Act contains an exception to sovereign immunity, the legal principle which protects government entities and employees from most lawsuits.

Substacks

July 25, 2024 Heather Cox Richardson

Published

11 hours ago

July 26, 2024

Substacks

TGIF: The Week Unburdened by the Week That Has Been Suzy Weiss

Published

18 hours ago

July 26, 2024

Pro-Palestinian protesters gather outside of Union Station to protest Israeli prime minister Benjamin Netanyahu’s visit to the United States. (Probal Rashid via Getty Images)

Oh, no, it’s the sister again, for another slow news week. Let’s get to it.

→ Biden dropped out: Six years ago emotionally, but technically this past Sunday, Joe Biden dropped out of the presidential race. He did it via X and promptly threw his support (and cash) behind Vice President Kamala Harris. Then he got Covid and hunkered down in Delaware—or depending on what hooch you’ve been drinking, died and was reanimated so he could appear before the cameras on Wednesday to address the nation. Joe’s family, including Hunter, sat along the wall of the Oval Office as he spoke. The president talked about the cancer moonshot, ending the war in Gaza, putting the party over himself, and Kamala’s tenacity, as Kamala’s pistol dug ever-so-slightly harder into his back. Right after, Jill, the First Lady of passive aggression, who apparently wanted to outdo her heart emoji, tweeted a handwritten note “to those who never wavered, to those who refused to doubt, to those who always believed.” I respect a First Lady who stands by her man and her energetic stepson. A First Lady who sees the high road way up there and says to herself, “If they want us out of here so bad, they can clean out the fridge and strip the beds themselves!”

→ Kamala is brat, Biden is boots, please God send the asteroid today: I’ve learned the hard way—and by that I mean my parents once asked me what “WAP” meant—that certain things should never be explained with words. It’s not that it’s impossible, it’s just that it embarrasses everyone.

That’s how I feel about the whole Kamala-is-brat thing. Brat is a good album about partying and getting older and having anxiety that was released earlier this summer by Charli XCX. But it’s since been adopted by too-online and very young people as a personality, and by Kamala Harris’s campaign as a mode to relate to those very young people. Her campaign is leaning into the whole green look of the album to try and win over Gen Z, and generally recasting her many viral moments—“You think you just fell out of a coconut tree?” “I love Venn diagrams” “What can be, unburdened but what has been”—as calling cards. It’s like when Hillary went on Broad City, only this time more cringe.

And now we have Jake Tapper and Greg Gutfeld grappling with the “essence” and the “aesthetic” and overall vibe of brat girl summer. We used to be a serious country. We used to make things.

Here’s the thing about Kamla: she is hilarious and campy, but unintentionally so. Any goodwill that her goofy dances or weird turns of phrase garner should be considered bonus points, not game play. Was there ever any doubt that Fire Island would go blue? We’ve been debating whether Kamala’s meme campaign is a good move for her prospects in the Free Press Slack, and here I’ll borrow from my older and wiser colleague Peter Savodnik: “There is nothing more pathetic than an older person who cares what a younger person thinks is cool.”

→ Boomer behavior: While Kamala’s campaign is being run by a 24-year-old twink with an Adderall prescription, J.D. Vance’s speechwriter seems to be a drunk Boomer who just got kicked out of a 7-11. Vance, appearing this week at a rally in Middletown, Ohio, riffed, “Democrats say that it is racist to believe. . . well, they say it’s racist to do anything. I had a Diet Mountain Dew yesterday and one today, and I’m sure they’re going to call that racist too.” Crickets. Horror. Major “Thanks, Obama” energy. There was also a bit on fried bologna sandwiches and a lot of “lemme tell you another story.” The guy is 39 but sounds older than Biden.

Fresher, 35-to-60-year-old blood is exactly what we’ve been begging for. Let the Boomers boom, let the Zoomers zoom. Kamala and J.D.: act your age.

Substacks

July 25, 2024 Heather Cox Richardson

Published

22 hours ago

July 26, 2024

Momentum continues to build behind Vice President Kamala Harris to become the Democratic Party’s presidential nominee, and the national narrative as a whole has shifted.

Democrats appear to be generating significant enthusiasm among younger Americans. Yesterday, for the first time in their history, the March for Our Lives organization endorsed a presidential candidate: Kamala Harris. Students from the Marjory Stoneman Douglas High School in Parkland, Florida, organized March for Our Lives after the shooting there in 2018. Executive director Natalie Fall said that the organization “will work to mobilize young people across the country to support Vice President Harris and other down-ballot candidates, with a particular focus on the states and races where we can make up the margin of victory—in Arizona, New York, Michigan, and Florida.”

Andrea Hailey of Vote.org announced that in the 48 hours after President Biden said he would not accept the Democratic nomination, nearly 40,000 people registered to vote. That meant a daily increase in new registrations of almost 700%.

People are turning out for Harris in impressive numbers. In the hours after she launched her campaign, Win With Black Women rallied 44,000 Black women on Zoom and raised $1.6 million. On Monday, around 20,000 Black men rallied to raise $1.2 million. Tonight, challenged to “answer the call,” 164,000 white women joined an event that “broke Zoom” and raised more than $2 million and tens of thousands of new volunteers.

Another significant endorsement for Harris came yesterday from Geoff Duncan, the Republican former lieutenant governor of Georgia, who wrote on social media: “I’m committed to beating Donald Trump. The only vehicle left for me to do that with is the Democratic Party. If that requires me to vote for, speak for, or endorse [Kamala Harris] then count me in!” Duncan’s public announcement offers permission for other Georgia Republicans to make a similar shift. In 1964, South Carolina senator Strom Thurmond similarly paved the way for southern Democrats to vote for Republican presidential candidate Barry Goldwater.

Harris’s appearances are generating such enthusiasm from audiences that when she delivered the keynote address this morning at the convention of the American Federation of Teachers in Houston, Texas, the applause delayed her ability to begin. After a speech defending education and calling out the cuts to it in Project 2025, Harris ended by demonstrating that after decades of Democrats being accused of being anti-American, Trump’s denigration of the country has enabled the party to claim the position of being America’s defenders.

“When we vote, we make our voices heard,” Harris said. “So today, I ask you, AFT, are you ready to make your voices heard? Do we believe in freedom? Do we believe in opportunity? Do we believe in the promise of America? And are we ready to fight for it? And when we fight, we win! God bless you and God bless the United States of America.”

Today the Commerce Department reported that economic growth in the second quarter was higher than expected, coming in at 2.8%, thanks to higher spending driven by higher wages. The country’s changing momentum is showing in media stories hyping the booming economy Biden’s team tried for years to get traction on. “Full Employment is Joe Biden’s True Legacy” was the title of a story by Zachary Carter that appeared yesterday in Slate; CNN responded to today’s good economic news with an article by Bryan Mena titled: “The US economy is pulling off something historic.”

With Harris appearing to have sewn up the nomination, the question has turned to her vice presidential pick. That question is fueling the sense of excitement as potential choices are in front of cameras and on social media advocating Democratic positions and defending the United States from Trump’s denigration. Pennsylvania governor Josh Shapiro listed the economic gains of the past years, and said: “Trump, you’ve got to stop sh*t talking America. We’ve got to start standing tall and being patriotic and showing how much we love this amazing nation.”

The vice presidential hopefuls appear to be having some fun with showcasing their personalities, as Minnesota governor Tim Walz did in his video from the Minnesota State Fair where he and his daughter went on an extreme ride. So are social media users who have dug up old videos of, for example, Transportation Secretary Pete Buttigieg explaining how he would pilot a small starfighter that had lost its auxiliary shields, or Arizona senator Mark Kelly’s identical twin brother Scott pranking a fellow astronaut on the Space Station with a gorilla suit Mark smuggled on board.

That sense of fun is an enormous relief after years of political weight, and it has spilled over into making fun of the Republican ticket, most notably with a false story that vice presidential candidate J.D. Vance wrote about—and I cannot believe I am typing this—having sex with a couch. The story is stupid, but worse are the denials of it, which have spread the story into populations that otherwise would likely not have seen it.

Just two weeks ago, Vance appeared to be the leader of the next generation of extremist MAGA Republicans, but now that calculation seems to have been hasty. Vance is a staunch opponent of abortion—the key issue in 2024—and he has been vocal in his disdain of women who have not given birth, saying in 2021, for example, that the U.S. was being run by “a bunch of childless cat ladies who are miserable at their own lives and the choices that they’ve made and so they want to make the rest of the country miserable, too.” He went on to say that people who don’t have children “don’t really have a direct stake” in the country.

Republican commentator Meghan McCain noted that Vance’s “comments are activating women across all sides, including my most conservative Trump supporting friends. These comments have caused real pain and are just innately unchristian.” Actor Jennifer Aniston, who tends to stay out of politics, posted: “I truly can’t believe this is coming from a potential VP of The United States.” Vance had called out Harris by name in those 2021 comments, and Second Gentleman Doug Emhoff’s ex-wife Kerstin Emhoff took to social media to defend Harris from Vance’s attacks on her as “childless,” calling her “a co-parent with Doug and I. She is loving, nurturing, fiercely protective and always present. I love our blended family and am grateful to have her in it.” Harris’s stepdaughter chimed in: “I love my three parents.”

Vance also ties the Republican ticket firmly to Project 2025. The Trump camp has worked to distance itself from Project 2025—not convincingly, since the two are obviously closely tied, but it turns out that Vance wrote the introduction for a forthcoming book by Heritage Foundation president Kevin Roberts, who was the lead author of Project 2025. The book appears to popularize that plan, right down to its endorsement of a “Second American Revolution,” and according to the book deal report, proceeds from the book will go to the Heritage Foundation “and aligned nonprofits.”

Now Vance’s words praising Project 2025 will be in print, just in time for the election. Yesterday, Trump posted: “I have nothing to do with, and know nothing about, Project 25 [sic]. The fact that I do is merely disinformation put out by the Radical Left Democrat Thugs. Do not believe them!”

Trump is clearly aware of, and concerned about, the changing narrative. This morning, he called in to Fox & Friends, saying, “We don’t need the votes. I have so many votes. I’m in Florida now…and every house has a Trump-Vance sign on it. Every single house…. It’s amazing the spirit…. This election has more spirit than I’ve ever seen ever before.” Tonight the Trump campaign proved their worry by backing out of debates with Harris, saying debates can’t be scheduled until she is the official nominee, although Biden was not the official nominee when they met in June.

The larger narrative shift has affected the media approach to Trump, who is accustomed to shaping perceptions as he wishes. Now, 12 days after the mass shooting at his rally in Butler, Pennsylvania, there is increasing media attention to the fact that there has still been no medical report on Trump’s injuries, although he wore a large bandage on his ear at the Republican National Convention and said at a rally in Grand Rapids, Michigan, on Saturday that he “took a bullet for democracy.”

Yesterday, FBI director Christopher Wray told Congress that it is not clear whether Trump was “grazed” by a bullet or by shrapnel, words that former federal prosecutor Joyce Vance called “FBI speak for, ‘it’s unlikely it was a bullet.’”

CNN chief medical consultant Dr. Sanjay Gupta noted last week that the people need a real medical evaluation of Trump’s injuries, explaining that “gunshot blasts near the head can cause injuries that aren’t immediately noticeable, such as bleeding in or on the brain, damage to the inner ear or even psychological trauma.” But, as Josh Marshall at Talking Points Memo has noted, much of the press has kept mum about the story.

Media outlets have reported Wray’s testimony, though, and in a social media post today, Trump called on Wray, whom he appointed to head the FBI, to resign from his post for “LYING TO CONGRESS.” Tonight, he reiterated that “it was…a bullet that hit my ear, and hit it hard.”

Perhaps eager to get back to their districts, House Republicans canceled their expected votes on appropriations bills scheduled for next week and left town today for their August recess. The House will not reconvene until early September. The government’s fiscal year 2025 begins on October 1.

—

Notes:

https://www.nytimes.com/2024/07/24/opinion/trump-lies-charts-data.html

https://marchforourlives.org/in-a-first-ever-endorsement-march-for-our-lives-endorses-kamala-harris-for-president/

https://www.reuters.com/markets/us/us-economic-growth-regains-steam-second-quarter-inflation-slows-2024-07-25/

https://slate.com/news-and-politics/2024/07/biden-economy-employment-inflation.html

https://www.cnn.com/2024/07/25/entertainment/jennifer-aniston-jd-vance/index.html

https://www.cnn.com/2024/07/25/economy/us-economy-gdp-second-quarter/index.html

https://www.mediamatters.org/heritage-foundation/jd-vance-wrote-foreword-book-project-2025-architect-kevin-roberts-and-proceeds

https://www.newsweek.com/donald-trump-might-not-shot-1930037

https://people.com/was-trump-struck-by-bullet-or-shrapnel-fbi-director-testifies-8683340

https://www.msnbc.com/rachel-maddow-show/maddowblog/trump-wants-fbi-director-resign-immediately-chris-wray-rcna163641