2A
THE DAILY ASTORIAN • MONDAY, JUNE 19, 2017
Kitzhaber cleared in infl uence-peddling case
sought. Oregon Attorney Gen-
eral Ellen Rosenblum pre-
viously announced the state
would not bring charges.
“As I have said from the
beginning, I did not resign
because I was guilty of any
wrongdoing but rather because
the media frenzy around these
questions kept me from being
the effective leader I wanted
and needed to be,” Kitzhaber
said in a statement. “Then
there was the real investiga-
tion, not by reporters, but peo-
ple with subpoena power and
the ability to look at every-
thing in context. They decided
there was nothing to pursue.”
A series of newspaper
reports beginning 2014 chron-
icled Hayes’ work for orga-
nizations with an interest in
Oregon public policy. As she
was being paid by advocacy
groups, she played an active
role in Kitzhaber’s adminis-
tration, a potential confl ict of
interest.
Media outlets dug further,
learning that Hayes accepted
about $5,000 to illegally marry
a man seeking immigration
benefi ts in the 1990s. Hayes
Intense political
pressure forced
him from offi ce
By STEVEN DUBOIS
Associated Press
PORTLAND — Former
Gov. John Kitzhaber insisted
he broke no laws, and fed-
eral prosecutors backed him
up Friday, announcing that no
criminal charges will be fi led
against Kitzhaber or his live-in
fi ancee over allegations she
used their relationship to win
contracts for her consulting
business.
Kitzhaber surrendered to
political pressure in February
2015 and resigned over alle-
gations that Hayes used their
relationship to win contracts
for her green-energy con-
sulting business and failed to
report the income on her taxes.
The U.S. Attorney’s Offi ce
in Portland said in a brief state-
ment that the criminal inves-
tigation that began more than
two years ago is over and that
no federal charges will be
used the term “fi rst lady,”
even though the couple never
married.
The former emergency
room doctor remained quiet
for months after leaving offi ce,
but slowly emerged with pub-
lic appearances, Facebook
posts and an attempt to do
consulting work in his area of
expertise — health care.
A Facebook post from
March, marking his 70th birth-
day, shows his view of the 21st
Century media landscape has
not softened.
“Fully two years before
the 2016 election normalized
this phenomenon, I got to be a
pioneer (or maybe that was a
guinea pig) in this brave new
world of politics with emails,
social media, click for cash
tabloid ‘journalism’ and fake
news,” he wrote.
Hayes still has her consult-
ing business. She also worked
as a journalist and written a
humorous book under a pen
name. The book, “Surprising
Reasons to Believe Donald
Trump Will be a Great Presi-
dent,” is 150 pages and 149 of
them are blank.
AP Photo/Don Ryan
Gov. John Kitzhaber, center, was joined by his fiancee,
Cylvia Hayes, as he was sworn in for an unprecedented
fourth term in 2015.
also confi rmed a report that
she bought land in a remote
part of Washington state in
1997 to grow marijuana.
Despite
the
reports,
Kitzhaber won re-election in
November 2014 to an unprec-
edented fourth term as Oregon
governor.
It turned into an unprece-
dented short term as the Hayes
scandal dominated headlines
for weeks. Secretary of State
Kate Brown assumed Oregon’s
highest offi ce after Kitzhaber
ended his four-decade politi-
cal career in inglorious fashion
and resigned just over a month
into his fourth term.
Brown is still governor.
Kitzhaber met Hayes
before the 2002 election, when
he was governor and she was a
candidate for the state Legisla-
ture. She lost her race, but they
connected romantically after
Kitzhaber’s term ended.
After eight years out of
offi ce, Kitzhaber became gov-
ernor again in 2011. Hayes
Law on offensive trademarks is unconstitutional
Court sides
with The Slants
By SAM HANANEL
Associated Press
WASHINGTON — The
Supreme Court today struck
down part of a law that bans
offensive trademarks in a rul-
ing that is expected to help
the Washington Redskins in
their legal fi ght over the team
name.
The justices ruled that the
71-year-old trademark law
barring disparaging terms
infringes free speech rights.
The ruling is a victory
for the Asian-American rock
band from Portland called
The Slants, but the case
was closely watched for the
impact it would have on the
separate dispute involving the
Washington football team.
Slants founder Simon
Tam tried to trademark the
band name in 2011, but the
U.S. Patent and Trademark
Offi ce denied the request
on the ground that it dis-
Anthony Pidgeon/Redferns via AP
The Supreme Court has ruled in favor of The Slants, a Portland-based band, in a free
speech and trademark case.
parages Asians. A federal
appeals court in Washing-
ton later said the law bar-
ring offensive trademarks is
unconstitutional.
The Redskins made simi-
lar arguments after the trade-
mark offi ce ruled in 2014
that the name offends Amer-
ican Indians and canceled
the team’s trademark. A fed-
eral appeals court in Rich-
mond put the team’s case on
hold while waiting for the
Supreme Court to rule in The
Slants case.
In his opinion for the court,
Justice Samuel Alito rejected
arguments that trademarks
are government speech, not
private speech. Alito also said
trademarks are not immune
from First Amendment pro-
tection as part of a govern-
ment program or subsidy.
Tam insisted he was not
trying to be offensive, but
wanted to transform a deri-
sive term into a statement of
pride. The Redskins also con-
tend their name honors Amer-
ican Indians, but the team has
faced decades of legal chal-
lenges from Indian groups
that say the name is racist.
Despite intense public
pressure to change the name,
Redskins owner Dan Snyder
has refused, saying it “rep-
resents honor, respect and
pride.”
In The Slants case, gov-
ernment offi cials argued that
the law did not infringe on
free speech rights because
the band was still free to use
the name even without trade-
mark protection. The same
is true for the Redskins, but
the team did not want to lose
the legal protections that go
along with a registered trade-
mark. The protections include
blocking the sale of counter-
feit merchandise, and work-
ing to pursue a brand devel-
opment strategy.
A federal appeals court had
sided with The Slants in 2015,
saying First Amendment pro-
tects “even hurtful speech that
harms members of oft-stig-
matized communities.”
FIVE-DAY FORECAST FOR ASTORIA
TONIGHT
TUESDAY
WEDNESDAY
63
50
57
Low clouds followed by
some sun
Partly cloudy
ALMANAC
First
Salem
59/79
Newport
54/63
Coos Bay
58/68
Last
July 8
Baker
55/84
Burns
55/89
Lakeview
56/92
Ashland
62/88
Forecasts and graphics provided by AccuWeather, Inc. ©2017
Tonight's Sky: Before sunrise, Venus will be near the
waning crescent moon above the eastern horizon.
Source: Jim Todd, OMSI
TOMORROW'S TIDES
Astoria / Port Docks
Time
5:02 a.m.
4:43 p.m.
Low
0.4 ft.
1.7 ft.
W
t
c
t
s
s
t
s
sh
pc
pc
pc
s
pc
pc
sh
pc
t
t
s
t
s
s
s
pc
t
Tues.
Hi Lo
78 69
82 65
77 58
95 64
87 62
76 55
103 78
70 52
84 74
82 61
90 68
116 88
93 66
90 68
90 81
88 65
81 76
84 66
93 67
86 68
90 69
99 70
72 56
71 51
86 69
City
Baker City
Bend
Brookings
Eugene
Ilwaco
Klamath Falls
Medford
Newberg
Newport
North Bend
Hi
89
91
70
85
65
95
95
87
63
66
Today
Lo
55
56
57
55
56
54
62
59
54
58
W
s
s
s
s
pc
s
s
s
s
s
Hi
84
82
70
81
61
89
90
76
63
68
Tues.
Lo
45
48
57
48
53
51
62
49
49
53
W
s
s
s
pc
pc
s
s
pc
pc
pc
City
Olympia
Pendleton
Portland
Roseburg
Salem
Seaside
Spokane
Springfi eld
Vancouver
Yakima
Hi
80
93
85
87
87
67
86
86
85
95
Today
Lo
56
65
61
59
59
56
63
56
60
63
W
pc
s
s
s
s
pc
s
s
s
s
Hi
73
86
75
83
79
62
83
80
74
89
Tues.
Lo
45
53
51
55
50
52
51
48
49
51
W
c
s
pc
pc
c
pc
s
pc
pc
s
Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day.
W
sh
pc
pc
s
pc
pc
pc
sh
sh
pc
s
s
s
s
t
s
r
pc
s
pc
s
s
s
c
pc
Weather (W): s-sunny, pc-partly cloudy, c-cloudy,
sh-showers, t-thunderstorms, r-rain, sf-snow fl urries,
sn-snow, i-ice.
TUESDAY
Cannon Beach Public Works
Committee, 9 a.m., City Hall,
163 E. Gower St.
Sunset Empire Parks and
Rec District, 4 p.m., 1225 Ave.
A, Seaside.
Clatsop County Human
Services Advisory Council, 4
to 5:30 p.m., 800 Exchange St.,
Room 430.
Seaside School District, 6
p.m., 1810 S. Franklin, Seaside.
Port of Astoria Commission,
6 p.m., budget hearing, regu-
lar meeting following, 10 Pier
1, Suite 209.
Shoreline Sanitary District
Board, 7 p.m., Gearhart Her-
tig Station, 33496 West Lake
Lane, Warrenton.
Seaside Planning Commis-
sion, 7 p.m., 989 Broadway.
ON THE RECORD
Assault
• At 8:05 a.m. Friday, Ste-
ven Millner, 54, of Seaside, was
arrested by the Seaside Police
Department on the 1500 block
of Lea Way for fourth-degree
assault, menacing and harass-
ment. He allegedly slapped
and pushed a woman during a
domestic dispute.
LOTTERIES
OREGON
Sunday’s Pick 4:
1 p.m.: 9-3-3-7
4 p.m.: 5-9-2-7
7 p.m.: 1-8-0-4
10 p.m.: 0-5-6-7
Saturday’s Megabucks: 14-20-
22-27-28-42
Estimated jackpot: $1.6 million
Saturday’s Powerball: 10-13-
32-53-62, Powerball: 21
Estimated jackpot: $64 million
Saturday’s Pick 4:
1 p.m.: 1-2-8-2
4 p.m.: 8-9-1-4
7 p.m.: 2-6-6-3
10 p.m.: 4-2-8-2
Friday’s Pick 4:
1 p.m.: 0-0-4-4
4 p.m.: 2-0-8-3
7 p.m.: 9-2-1-0
10 p.m.: 1-7-3-6
Friday’s Mega Millions: 18-22-
26-30-44, Mega Ball: 9
Estimated jackpot: $123 million
WASHINGTON
Sunday’s Daily Game: 8-7-2
Sunday’s Keno: 02-16-17-24-
25-29-30-33-34-39-43-46-50-
53-55-60-64-66-69-77
Sunday’s Match 4: 01-02-04-12
Saturday’s Daily Game: 4-8-8
Saturday’s Hit 5: 02-13-28-
31-38
Estimated jackpot: $100,000
Saturday’s Keno: 01-07-20-23-
28-30-31-35-36-43-48-55-56-
58-60-62-67-71-72-78
Saturday’s Lotto: 09-10-16-18-
21-46
Estimated jackpot: $8.5 million
Saturday’s Match 4: 01-02-
04-16
Friday’s Daily Game: 7-9-8
Friday’s Keno: 03-13-15-16-17-
24-27-29-50-51-52-53-54-56-
63-64-66-68-72-73
Friday’s Match 4: 07-11-20-24
REGIONAL CITIES
TOMORROW'S NATIONAL WEATHER
NATIONAL CITIES
June 18, 2017
GILLUM, Paul R., 67, of Astoria, died in Astoria. Cald-
well’s Luce-Layton Mortuary of Astoria is in charge of the
arrangements.
June 16, 2017
HEIRONIMUS, Howard, 75, of Clatskanie, died in
Longview, Washington. Caldwell’s Luce-Layton Mortuary of
Astoria is in charge of the arrangements.
MONDAY
Jewell School Board, 6 p.m.,
Jewell School library, 83874
Oregon Highway 103.
Astoria City Council, 7 p.m.,
City Hall, 1095 Duane St.
La Grande
61/83
Ontario
63/96
Klamath Falls
54/89
DEATHS
PUBLIC MEETINGS
Roseburg
59/83
Brookings
57/74
July 16
John Day
60/85
Bend
56/82
Medford
62/90
UNDER THE SKY
Today
Hi Lo
88 71
82 68
77 58
86 58
85 60
78 59
103 77
74 54
85 73
79 60
85 63
113 87
90 65
86 67
87 80
84 61
88 76
84 69
89 65
87 70
86 68
94 68
76 58
76 58
88 71
Prineville
55/86
Lebanon
57/80
Eugene
55/81
Full
June 30
City
Atlanta
Boston
Chicago
Denver
Des Moines
Detroit
El Paso
Fairbanks
Honolulu
Indianapolis
Kansas City
Las Vegas
Los Angeles
Memphis
Miami
Nashville
New Orleans
New York
Oklahoma City
Philadelphia
St. Louis
Salt Lake City
San Francisco
Seattle
Washington, DC
Mostly sunny and
pleasant
Pendleton
65/86
The Dalles
68/84
Portland
61/75
Sunset tonight ........................... 9:10 p.m.
Sunrise Tuesday .......................... 5:24 a.m.
Moonrise today ........................... 2:35 a.m.
Moonset today ........................... 3:52 p.m.
High
6.7 ft.
9.1 ft.
Intervals of clouds and
sunshine
Tillamook
56/66
SUN AND MOON
Time
11:07 a.m.
10:57 p.m.
Areas of low clouds;
breezy in the p.m.
70
53
Shown is tomorrow's weather. Temperatures are tonight's lows and tomorrow's highs.
ASTORIA
57/63
Precipitation
Sunday ............................................. 0.12"
Month to date ................................... 2.42"
Normal month to date ....................... 1.75"
Year to date .................................... 49.55"
Normal year to date ........................ 35.11"
June 23
FRIDAY
64
51
REGIONAL WEATHER
Astoria through Sunday.
Temperatures
High/low ....................................... 69°/55°
Normal high/low ........................... 64°/50°
Record high ............................ 81° in 1985
Record low ............................. 41° in 1991
New
THURSDAY
64
50
In his statement Friday,
Kitzhaber said he’s “back.”
“I intend to continue to do
what I’ve been doing for most
of my adult life: trying to help
Oregon deal with the chal-
lenges we face in a way that
moves us beyond the current
division and polarization and
brings us back together as a
community.”
Secretary of State Dennis
Richardson said in a statement
that the U.S. Attorney’s Offi ce
decision “does not change the
fact that the governor and Cyl-
via Hayes accepted money
from those desiring to purchase
infl uence.”
Richardson, a Republican
who lost to Kitzhaber in 2014,
said it is unfortunate that a U.S.
Supreme Court ruling last year
overturning a public-corruption
conviction against former Vir-
ginia Gov. Robert McDonnell
and his wife “set the bar so high
that it is now nearly impossible
to bring federal charges in polit-
ical corruption cases.
“It is clear that Oregon and
the nation still have a long
way to go to restore trust in
government.”
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