NORTHWEST
East Oregonian
Page 2A
Tuesday, November 3, 2015
Federal government begins wild horse roundup Kitzhaber lawyers
argue to quash
email subpoena
PORTLAND (AP) — Wild horse
advocates are calling for a stop to
one of the largest roundups of wild
mustangs in Oregon history.
According to the U.S. Bureau of
Land Management, the agency on
Monday began preparations to gather
up to 1,500 wild horses roaming
freely on about 625 square miles of
the Beatys Butte herd management
area near Lakeview, in southern
Oregon.
The mustangs will be rounded up
by helicopter. The aim is to reduce
their population to 100.
2I¿FLDOV VD\ ZLOG KRUVHV
overgraze the land and negatively
impact the environment, a problem
compounded by the area’s extensive
drought.
(QYLURQPHQWDOLVWV VD\ FRQÀLFWV
with livestock, which share the land
with the mustangs, are driving the
roundup.
Horses that are rounded up will be
AP Photo/Brad Horn, file
available for adoption, though most In this July 2008 photo, a helicopter pilot rounds up wild horses from the Fox
& Lake Herd
will likely end up in government Management Area in Washoe County, Nev. Wild horse advocates are calling for a stop to a
holding facilities.
large roundup of wild horses starting this week in southern Oregon.
Activists look to set Oregon
campaign contribution limits
Lawmakers wrangle over tax
breaks for ultrafast Internet
SALEM (AP) — Activists
looking to reform campaign
¿QDQFHLQ2UHJRQDUHWDNLQJ
steps to get a measure
limiting contributions on the
November 2016 ballot.
Two separate groups of
advocates are planning to
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the Bulletin in Bend reports.
Daniel
Lewkow
of
Common Cause Oregon said
if the Legislature does not
pass a bill putting a consti-
tutional amendment on the
ballot to curb campaign
contributions his group will
work to collect the 177,000
signatures to do it them-
selves.
“People like legislators to
act on issues, not to ignore
issues,” Lewkow said last
week, adding that voters
“cannot be more clear that
they want them to act on
money in politics.”
Dan Meek is also working
with other activists to push
IRU ¿QDQFH UHIRUP +LV
proposed statewide ballot
initiative would allow voters
to set limits. Lawmakers
could also set limits if
three-quarters of members in
the Senate and House agree
on the terms.
Oregon is one of six
PORTLAND (AP) — Oregon
regulators are scheduled to decide
Tuesday how Internet service
providers can qualify for new tax
breaks, a decision that will affect
millions of dollars in tax revenue.
The Oregon Public Utilities
Commission is handling the imple-
mentation of tax breaks approved
earlier this year by the state Legis-
lature in order to encourage Internet
providers to offer ultrafast gigabit
service.
Lawmakers were vague about
how companies qualify for the tax
EUHDNVVSDUNLQJDÀXUU\RIOREE\LQJ
by Internet companies and local
governments seeking a favorable
decision from utilities regulators, the
The Oregonian reported.
Under an unusual Oregon tax law
that applies to high-speed Internet
service providers, Comcast and
other companies pay tax based, in
part, on the value of their brands.
That adds millions of dollars to their
annual property tax bills — money
shared by schools, counties, cities
and local agencies.
The Legislature said Internet
providers could qualify for tax breaks
if they offer gigabit service to a certain
percentage of their “broadband”
customers. The utilities commission
must decide what speeds constitute
“broadband,” and the threshold they
choose will determine how easy it
is for Internet companies to qualify
states that doesn’t limit the
amount of money busi-
nesses, unions, individuals
and political groups and can
give to campaign accounts
of candidates and ballot
measures.
In 1994 Oregon voters
approved a measure to
impose limits on campaign
contributions,
but
the
Supreme Court in 1997
ruled Oregon’s free speech
protections prevented the
limits. Voters passed another
measure to enact limits
in 2006, but a companion
measure that would have
changed the constitution
failed.
Before
becoming
governor, then-Secretary of
State Kate Brown proposed
a resolution that would have
put a constitutional amend-
ment question on the ballot
next year, but after taking
over as governor, Brown in
April asked a panel of legis-
latures to pass on the bill.
“We hope the Legislature
takes this up in the short
session and actually moves
the ball forward on this,”
Lewkow said. “The people
have twice before voted
for limits. We’ve seen how
hyper-concerned people are.”
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Mostly cloudy and
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49° 31°
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FRIDAY
THURSDAY
Mostly cloudy
A shower or two in
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Cloudy most of the
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PENDLETON
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TEMPERATURE
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Yesterday
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TEMPERATURE
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41°
35°
0° (1935)
PRECIPITATION
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Sunrise today
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Last
New
Nov 3
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First
Full
Nov 18
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WEDNESDAY
Corrections
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accurate and sincerely regrets any errors.
If you notice a mistake in the paper,
please call 541-966-0818.
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Copyright © 2015, EO Media Group
TODAY
PORTLAND — Former Oregon Gov.
John Kitzhaber has asked a federal appeals
court to overturn a court order that requires
his emails to be turned over to a federal
grand jury.
Kitzhaber resigned in early 2015 due to
D FRQWURYHUV\ RYHU DOOHJDWLRQV KLV ¿DQFpH
Cylvia Hayes, used her position for personal
gain.
A federal grand jury began investigating
the allegations after his resignation and
issued a subpoena demanding that the
Oregon State Archives disclose emails sent
DQGUHFHLYHGE\.LW]KDEHUZKLOHLQRI¿FH
Attorneys for Kitzhaber asked a federal
judge to “quash” that subpoena, rendering
it invalid, but that request was apparently
rejected by U.S. District Judge Marco
Hernandez.
The details of that ruling aren’t publicly
DYDLODEOH EHFDXVH WKH FDVH KDV EHHQ ¿OHG
under seal in federal court.
However, an attorney for Kitzhaber
argued before the 9th U.S. Circuit Court
of Appeals Monday that the subpoena be
quashed while an attorney for the U.S.
government argued that Hernandez’s order
should stand.
Janet Lee Hoffman, representing
Kitzhaber, claimed the subpoena was so
overly broad as to be “limitless” in its scope.
“An individual is entitled to a reasonable
expectation of privacy,” Hoffman said.
“They just said, ‘We want it all.’”
Emails stored in the state archives
includes Kitzhaber’s communications with
a lawyer that must be protected under attor-
ney-client privilege, she said.
Kelly Zusman, appellate chief for the
86 $WWRUQH\¶V 2I¿FH VDLG WKH DWWRU-
ney-client emails can be excluded but the
rest must be submitted to the federal grand
jury investigation.
“Our issue is there is no reasonable
expectation of privacy in material that’s
stored in the state archives,” Zusman said.
The state archives are not covered by
a federal law that protects emails admin-
istered by third-party Internet service
providers, she said.
Turning emails over to a grand jury is
not the same as making them public, since
the proceedings are conducted in secret,
Zusman said.
If he is indicted for any crime, Kitzhaber
would also have the option to quash or
exclude the emails before the case goes to
trial, she said.
for tax breaks. The more broadband
customers an Internet provider has,
the more customers it is required to
offer gigabit service to in order to
earn the tax break.
Internet companies argue that
broadband should be very fast, as
high as 25 megabits per second.
Local governments, which stand
WRORVHUHYHQXHDUJXHWKDWWKHGH¿-
nition of broadband should be very
slow — anything above dial-up.
Utility commission staff have
proposed 10 Mbps serve as the
broadband threshold, a speed already
available to more than two-thirds of
Oregon homes.
That’s too fast, according to Rep.
3KLO%DUQKDUW'6SULQJ¿HOG:KHQ
lawmakers voted for the law, he said,
they intended to set a high bar for
companies that want the tax break.
The 10 Mbps threshold, he said,
would create an “absolute perverse
incentive” for Internet companies to
keep many customers’ service slow.
If a greater proportion of customers
are below the broadband threshold
then a company would need fewer
gigabit customers need to qualify for
the tax break.
Wendy Johnson, who runs
intergovernmental relations for the
League of Oregon Cities, said the
utility commission should honor the
lawmakers’ intentions and preserve
“millions of dollars” in local tax
revenue.
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— Founded Oct. 16, 1875 —
By MATEUSZ PERKOWSKI
Capital Bureau
Spokane
Wenatchee
47/26
52/32
Tacoma
Moses
51/34
Lake
Pullman
Aberdeen Olympia
Yakima 55/27
46/28
54/39
51/34
55/26
Longview
Kennewick Walla Walla
53/37
49/35 Lewiston
55/28
Astoria
51/35
57/42
Portland
Enterprise
Hermiston
55/39
Pendleton 43/26
The Dalles 55/30
49/31
57/34
La Grande
Salem
45/30
57/38
Albany
Corvallis 56/38
57/39
John Day
45/34
Ontario
Eugene
Bend
55/33
57/38
45/23
Caldwell
Burns
53/34
45/19
Astoria
Baker City
Bend
Brookings
Burns
Enterprise
Eugene
Heppner
Hermiston
John Day
Klamath Falls
La Grande
Meacham
Medford
Newport
North Bend
Ontario
Pasco
Pendleton
Portland
Redmond
Salem
Spokane
Ukiah
Vancouver
Walla Walla
Yakima
Hi
57
46
45
57
45
43
57
49
55
45
45
45
42
55
56
58
55
55
49
55
47
57
47
43
53
49
55
Lo
42
22
23
46
19
26
38
31
30
34
27
30
27
39
43
45
33
28
31
39
22
38
26
27
38
35
26
W
pc
c
c
s
c
sn
pc
sn
c
sn
sn
sn
sn
c
pc
pc
c
c
c
pc
c
pc
c
c
pc
sn
pc
NATIONAL WEATHER TODAY
Wed.
Hi
57
46
46
59
46
43
56
49
54
47
47
47
44
56
55
58
53
54
50
53
49
56
45
45
51
49
55
Lo
47
17
25
45
16
21
41
31
35
27
23
23
24
37
46
46
26
33
36
46
23
44
30
25
45
38
32
W
pc
pc
s
pc
s
pc
pc
s
s
pc
pc
pc
pc
pc
pc
pc
pc
s
s
pc
s
pc
s
pc
pc
s
s
WORLD CITIES
Today
Beijing
Hong Kong
Jerusalem
London
Mexico City
Moscow
Paris
Rome
Seoul
Sydney
Tokyo
Hi
64
81
70
59
71
49
58
69
63
69
69
Lo
38
75
57
52
52
39
52
52
39
65
54
W
s
c
s
c
pc
c
c
s
s
c
r
Wed.
Hi
60
83
69
58
73
46
61
68
64
72
65
Lo
48
76
56
51
51
39
50
54
43
67
55
W
pc
pc
pc
r
pc
c
pc
s
s
r
s
WINDS
Medford
55/39
Klamath Falls
45/27
(in mph)
Today
Wednesday
Boardman
Pendleton
W 3-6
W 4-8
SW 4-8
WSW 4-8
UV INDEX TODAY
Shown is today’s weather. Temperatures are today’s highs and tonight’s lows.
REGIONAL FORECAST
Coastal Oregon: A shower in places today;
times of clouds and sun, except sunnier in
the south.
Eastern and Central Oregon: A shower
today, except rain and snow showers in
central parts.
Western Washington: Clouds and sun today
with a shower in places. Increasing amounts
of clouds tonight.
Eastern Washington: Mostly cloudy today;
a couple of snow showers in the mountains.
Partly cloudy tonight.
Cascades: A snow squall today, except a
snow shower in the south.
Northern California: Snow showers in the
interior mountains today; plenty of sunshine
elsewhere.
0
1
2
1
0
0
8 a.m. 10 a.m. Noon 2 p.m. 4 p.m. 6 p.m.
0-2, Low
3-5, Moderate 6-7, High;
8-10, Very High;
11+, Extreme
The higher the AccuWeather.com UV Index™ num-
ber, the greater the need for eye and skin protection.
Forecasts and graphics provided by
AccuWeather, Inc. ©2015
Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day.
-10s
-0s
showers t-storms
0s
10s
rain
20s
flurries
30s
40s
snow
ice
50s
60s
cold front
70s
80s
90s
100s
warm front stationary front
110s
high
low
National Summary: Clouds and showers will stretch from Florida to the Carolinas today.
Areas from Texas to Michigan and Maine will be warm with some sun. As chilly air expands
in the West, rain and mountain snow are in store.
Yesterday’s National Extremes: (for the 48 contiguous states)
High 93° in Imperial, Calif.
Low 18° in Angel Fire, N.M.
NATIONAL CITIES
Today
Albuquerque
Atlanta
Atlantic City
Baltimore
Billings
Birmingham
Boise
Boston
Charleston, SC
Charleston, WV
Chicago
Cleveland
Dallas
Denver
Detroit
El Paso
Fairbanks
Fargo
Honolulu
Houston
Indianapolis
Jacksonville
Kansas City
Las Vegas
Little Rock
Los Angeles
Hi
68
69
69
71
44
76
50
66
78
76
70
71
77
74
71
77
26
64
89
78
73
85
73
65
75
69
Lo
45
59
50
45
32
61
33
48
67
54
50
51
58
44
46
53
18
47
76
60
53
69
56
48
57
54
W
s
c
s
s
r
pc
c
s
r
pc
s
s
s
pc
s
s
sn
c
s
pc
s
t
pc
c
pc
pc
Wed.
Hi
60
70
70
72
43
77
48
61
80
75
71
73
77
63
70
73
27
64
89
77
75
83
74
61
77
70
Lo
38
61
55
52
28
63
29
49
66
55
56
57
63
34
56
49
20
42
76
65
58
67
58
44
59
52
W
t
c
s
s
sf
pc
pc
s
sh
s
s
s
pc
pc
s
pc
sn
c
s
pc
s
sh
s
pc
pc
s
Today
Louisville
Memphis
Miami
Milwaukee
Minneapolis
Nashville
New Orleans
New York City
Oklahoma City
Omaha
Philadelphia
Phoenix
Portland, ME
Providence
Raleigh
Rapid City
Reno
Sacramento
St. Louis
Salt Lake City
San Diego
San Francisco
Seattle
Tucson
Washington, DC
Wichita
Hi
77
78
87
67
66
77
78
71
76
72
72
73
63
69
65
64
42
65
73
61
70
65
50
79
72
76
Lo
59
64
77
52
55
59
63
56
57
57
51
56
41
47
58
38
25
44
57
39
59
51
39
54
52
57
W
pc
pc
pc
s
pc
pc
pc
s
pc
pc
s
sh
s
s
c
pc
sh
s
pc
sh
pc
s
pc
pc
s
pc
Wed.
Hi
76
79
87
68
70
75
79
71
76
75
74
69
60
67
68
58
43
66
77
46
71
66
50
65
72
77
Lo
60
63
78
57
56
58
66
56
60
60
55
50
41
48
60
31
22
42
59
33
55
49
44
44
58
60
Weather (W): s-sunny, pc-partly cloudy, c-cloudy, sh-showers, t-thunderstorms, r-rain,
sf-snow flurries, sn-snow, i-ice.
W
pc
pc
sh
s
s
pc
pc
s
pc
s
s
pc
s
s
r
sh
pc
s
s
sn
pc
s
pc
pc
s
pc
