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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (July 14, 2016)
NORTHWEST East Oregonian Page 2A Thursday, July 14, 2016 Federal court tosses out Kitzhaber email subpoena BRIEFLY invoke the privilege to protect his communication with attorneys for the State of Oregon,” Berzon wrote. Gerri Badden, spokeswoman IRU WKH 86 $WWRUQH\¶V RI¿FH IRU the district of Oregon, told The Associated Press in an email: “The investigation continues.” She declined to comment on the court’s ruling. Kitzhaber’s attorney, Janet +RIIPDQ GLG QRW LPPHGLDWHO\ respond to a phone call or email seeking comment. Kitzhaber resigned in 2015 amid VXVSLFLRQ WKDW KLV ¿DQFHH &\OYLD +D\HV XVHG KHU UHODWLRQVKLS ZLWK Kitzhaber him to earn lucrative consulting Kitzhaber’s reasonable expectation contracts. The couple has denied wrongdoing. The FBI has issued of privacy.” Investigators cannot simply get subpoenas for emails and thou- copies of all Kitzhaber’s emails, sands of other records for review the appeals court said, noting that by a grand jury. Wednesday’s ruling noted that they “include many private details XQUHODWHG WR KLV RI¿FLDO GXWLHV copies of Kitzhaber’s personal regarding him and his family, as emails were archived on a state well as private communications government computer. It said that in his second term as governor, he with his personal attorneys.” Berzon suggested a neutral third GHFOLQHG WR XVH DQ RI¿FLDO HPDLO party sort through the countless address and instead established emails in Kitzhaber’s private DQ ³RI¿FLDO´ *PDLO DGGUHVV DQG accounts, whose content is on state requested that those emails be archived. computers. +H DOVR XVHG D SULYDWH *PDLO Kitzhaber’s contention that his communications with lawyers account and one hosted at att.net, working for the state of Oregon is and he commonly used those “to protected by attorney-client priv- communicate with senior staff for ilege was rejected by the appeals both personal and state business,” the appeals court said. Emails from court. “Kitzhaber’s communication the personal accounts, which were with his private attorneys should handled by the same device, were receive all the protections normally also archived on state computers, afforded by the attorney-client apparently without Kitzhaber’s privilege. But he may not himself knowledge. By ANDREW SELSKY Associated Press BEND — A federal appeals court, seeking to protect former Oregon Gov. John Kitzhaber’s right to privacy, ruled Wednesday that an attempt to access a cache of messages from his personal HPDLODFFRXQWVDVSDUWRIDQLQÀX- ence-peddling probe “is unreason- able and invalid.” The 9th U.S. Circuit Court of Appeals panel reversed a lower court’s order allowing emails from Kitzhaber’s private accounts ² VRPH RI ZKLFK FRQWDLQ RI¿FLDO business — to be subpoenaed. The higher court said the subpoena was “unreasonably overbroad” and should have been quashed. The development shows how complications can result when RI¿FLDOVXVHSULYDWHHPDLODFFRXQWV IRURI¿FLDOFRUUHVSRQGHQFH+LOODU\ Clinton, the presumptive Demo- cratic party nominee for president, ran into problems when she used a private email account to conduct RI¿FLDO EXVLQHVV DV VHFUHWDU\ RI state. Clinton’s use of private email raised concerns about keeping top-secret government information secure. In contrast, authorities are now confronted with having to determine how to access emails from Kitzhaber’s personal accounts that could be relevant to their inves- tigation. Judge Marsha S. Berzon, writing the opinion for the appeals court, said the U.S. District Court needed to “prevent the trampling of report on Fry states that Fry is concerned about invasions from outer space and has spoken of a wish to be reincarnated as a woman. Fry objected to the judge’s char- acterization of those statements, saying he’s never been diagnosed with a particular mental illness, that he has the right to believe in what he chooses to believe in, and that he had said he’d rather be a woman “because it seems easier.” Suicidal statements he made before his surrender at the refuge were caused by fears of being raped in jail, he told the judge. Fry’s defense lawyer suggested Fry that be released to his parents To subscribe, call 1-800-522-0255 or go online to www.eastoregonian.com and click on ‘Subscribe’ (DVW2UHJRQLDQ(USPS 164-980)LVSXEOLVKHGGDLO\H[FHSW6XQGD\0RQGD\ DQG'HFE\WKH(20HGLD*URXS6(%\HUV$YH3HQGOHWRQ25 3HULRGLFDOVSRVWDJHSDLGDW3HQGOHWRQ25Postmaster:VHQGDGGUHVVFKDQJHVWR (DVW2UHJRQLDQ6(%\HUV$YH3HQGOHWRQ25 Single copy price: 7XHVGD\WKURXJK)ULGD\6DWXUGD\ Copyright © 2016, EO Media Group TODAY FRIDAY Pleasant with plenty of sunshine Sunny to partly cloudy and nice 88° 56° 82° 53° Pleasant with plenty of sunshine Partly sunny and pleasant Partly sunny and comfortable PENDLETON TEMPERATURE FORECAST 89° 57° 84° 54° 85° 56° HERMISTON TEMPERATURE FORECAST 92° 57° 86° 56° PENDLETON through 3 p.m. yesterday TEMPERATURE HIGH LOW 80° 88° 109° (1930) 54° 58° 40° (1917) PRECIPITATION 24 hours ending 3 p.m. Month to date Normal month to date Year to date Last year to date Normal year to date 0.00" 0.80" 0.13" 7.32" 5.00" 7.74" HERMISTON through 3 p.m. yesterday TEMPERATURE Yesterday Normals Records HIGH LOW 84° 89° 108° (2002) 55° 58° 44° (1950) PRECIPITATION 24 hours ending 3 p.m. Month to date Normal month to date Year to date Last year to date Normal year to date 0.00" 0.29" 0.09" 4.93" 3.25" 5.82" SUN AND MOON Sunrise today Sunset tonight Moonrise today Moonset today Full Last July 19 July 26 New Aug 2 88° 58° Seattle 76/55 ALMANAC Yesterday Normals Records 93° 63° 88° 56° 5:20 a.m. 8:42 p.m. 3:58 p.m. 1:37 a.m. First Aug 10 Today MONDAY SUNDAY SATURDAY Spokane Wenatchee 82/55 88/60 Tacoma Moses 76/52 Lake Pullman Aberdeen Olympia Yakima 89/57 82/48 68/54 75/50 92/56 Longview Kennewick Walla Walla 75/55 88/58 Lewiston 93/57 Astoria 89/57 68/57 Portland Enterprise Hermiston 80/56 Pendleton 82/49 The Dalles 92/57 88/56 88/59 La Grande Salem 85/47 84/53 Albany Corvallis 84/51 85/51 John Day 89/53 Ontario Eugene Bend 93/59 86/49 84/44 Caldwell Burns 91/56 87/46 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 68 85 84 74 87 82 86 85 92 89 88 85 81 92 64 67 93 92 88 80 87 84 82 81 79 88 92 Lo 57 43 44 54 46 49 49 51 57 53 47 47 46 58 50 53 59 57 56 56 43 53 55 45 55 58 56 W pc s s pc s s s s s s s s s s s s s s s s s s s s s s s Hi 67 78 78 72 83 77 80 80 86 83 83 79 75 89 64 67 89 86 82 76 81 78 76 75 73 83 86 Today Beijing Hong Kong Jerusalem London Mexico City Moscow Paris Rome Seoul Sydney Tokyo Lo 70 81 70 53 54 63 50 63 70 44 72 W c t s pc t t pc pc pc s t (in mph) Klamath Falls 88/47 Boardman Pendleton Lo 57 40 40 57 40 44 51 52 56 42 44 45 38 57 53 56 56 57 53 58 43 54 55 39 56 56 57 W pc s s s s s pc s s s s s s s pc pc s s s pc s pc s s pc s s Fri. Hi 83 90 89 70 73 89 72 76 86 63 79 Lo 69 83 71 61 52 68 53 64 69 50 73 W pc t s pc t t pc pc c s sh REGIONAL FORECAST Coastal Oregon: Windy this afternoon; mostly sunny. Mainly clear tonight. Partly sunny tomorrow. Eastern and Central Oregon: Pleasant to- day with plenty of sun. Clear tonight. Plenty of sunshine tomorrow. Western Washington: Mostly sunny today; however, clouds breaking for some sun at the coast. Eastern Washington: Plenty of sunshine today. Mainly clear tonight. Sunny to partly cloudy tomorrow. Cascades: Comfortable today with plenty of sunshine. Clear tonight. Northern California: Clouds, then sun at the coast today; hot in central parts. Sunny elsewhere. Today Friday WSW 4-8 W 4-8 WSW 4-8 W 6-12 UV INDEX TODAY Shown is today’s weather. Temperatures are today’s highs and tonight’s lows. 2 5 7 ClassiÀed /egal Advertising RU FODVVL¿HGV#HDVWRUHJRQLDQFRPRUOHJDOV#HDVWRUHJRQLDQFRP NEWS • To submit news tips and press releases:FDOO ID[HPDLOQHZV#HDVWRUHJRQLDQFRP • To submit community events, calendar items and Your EO News: HPDLOFRPPXQLW\#HDVWRUHJRQLDQFRPRUFDOO7DPP\0DOJHVLQLDW RU5HQHH6WUXWKHUVLQDW • To submit engagements, weddings and anniversaries: HPDLOUVWUXWKHUV#HDVWRUHJRQLDQFRPRUYLVLWZZZHDVWRUHJRQLDQ FRPFRPPXQLW\DQQRXQFHPHQWV • To submit a Letter to the Editor:PDLOWR0DQDJLQJ(GLWRU'DQLHO :DWWHQEXUJHU6(%\HUV$YH3HQGOHWRQ25RUHPDLO HGLWRU#HDVWRUHJRQLDQFRP • To submit sports or outdoors information or tips: VSRUWV#HDVWRUHJRQLDQFRP 7 5 COMMERCIA/ PRINTING Production Manager: Mike Jensen PMHQVHQ#HDVWRUHJRQLDQFRP Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day. WINDS Medford 92/58 $6+/$1'$3²2I¿FLDOV say a semitrailer carrying bananas KDVFDXJKW¿UHRQ,QWHUVWDWHLQ southwest Oregon near Ashland. The Oregon Department of Transportation said in a news release Wednesday afternoon that the semitrailer was fully engulfed, prompting a closure of the I-5 northbound lanes in the area. KVAL-TV reports the truck’s brakes overheated, sparking the ¿UH Southbound lanes of the interstate remain open but RI¿FLDOVVDLGWRH[SHFWGHOD\V in both directions until at least Wednesday evening. It wasn’t immediately known if anyone was injured in the blaze. NATIONAL WEATHER TODAY Fri. WORLD CITIES Hi 91 88 87 69 72 77 69 84 87 61 86 Semitrailer full of EDQDQDVFDWFKHV¿UH Corrections REGIONAL CITIES Forecast OLYMPIA, Wash. (AP) — :DVKLQJWRQRI¿FLDOVVD\WKH\ plan to require a new “Not For Kids” label on edible marijuana products sold at the state’s legal pot shops. The symbol, chosen by the Washington Poison Center, features a bright red hand held up in a “stop” gesture, accompanied by the words “Not For Kids” with an emergency number to call. Dr. Alexander Garrard, the poison center’s managing director, says the center has received more than 150 calls about marijuana exposure so far this year. Washington’s Liquor and Cannabis Board initially said it would require a “Mr. Yuk” sticker on pot products to deter children from accidentally ingesting them. That drew objections from some marijuana producers and retailers. The board says the new symbol was developed with their input as well as suggestions from prevention specialists. The board expects the label to be required beginning next January. The East Oregonian works hard to be accurate and sincerely regrets any errors. If you notice a mistake in the paper, please call 541-966-0818. Multimedia Consultants -HDQQH-HZHWW MMHZHWW#HDVWRUHJRQLDQFRP 7HUUL%ULJJV WEULJJV#HDVWRUHJRQLDQFRP 'D\OH6WLQVRQ GVWLQVRQ#HDVWRUHJRQLDQFRP 6WHSKDQLH1HZVRP VQHZVRP#HDVWRUHJRQLDQFRP $XGUD:RUNPDQ DZRUNPDQ#HDVWRUHJRQLDQFRP &KULV0F&OHOODQ FPFFOHOODQ#HDVWRUHJRQLDQFRP $PDQGD-DFREV DMDFREV#HDVWRUHJRQLDQFRP SUBSCRIPTION RATES /RFDOKRPHGHOLYHU\ 6DYLQJVRIIFRYHUSULFH (=3D\ SHUFHQW ZHHNV SHUFHQW ZHHNV SHUFHQW ZHHNV SHUFHQW (=3D\ RQH\HDUUDWHZLWKDPRQWKO\FUHGLWRUGHELWFDUGFKHFNFKDUJH www.eastoregonian.com Washington to require ‘Not For Kids’ label on pot products ADVERTISING Advertising Director: Jennine Perkinson MSHUNLQVRQ#HDVWRUHJRQLDQFRP Didn’t receive your paper?&DOO EHIRUHQRRQ7XHVGD\WKURXJK)ULGD\ RUEHIRUHDP6DWXUGD\ for same-day redelivery 211 S.E. Byers Ave., Pendleton 541-276-2211 333 E. Main St., Hermiston 541-567-6211 2I¿FHKRXUV0RQGD\WKURXJK)ULGD\DPWRSP &ORVHGPDMRUKROLGD\V SPOKANE, Wash. (AP) — Even while workers on the +DQIRUG1XFOHDU5HVHUYDWLRQ are engaged in a job action to protest getting sick from chemical vapors, two more employees reported possible exposure to the vapors. 7KH+DQIRUG$WRPLF0HWDO Trades Council issued a stop work order on Monday to demand greater protections for workers at underground nuclear waste storage tanks. The order required a halt to ZRUNDW+DQIRUGWDQNIDUPVLI employees were not using manda- tory supplied air respirators. The tank farm contractor complied with the order by giving employees the bottled air on Tuesday, allowing work to continue. +RZHYHUWZRZRUNHUVZKR were outside the tank farm bound- aries reported smelling chemical vapors and developing symptoms of illness on Tuesday. The two workers were given medical evaluations and cleared to return to work. PORTLAND (AP) — A Washington County Sheriff’s 2I¿FHFRUSRUDOZKRZDV¿UHG last year over domestic violence allegations has pleaded guilty to choking a fellow employee. The Oregonian/OregonLive reports Jonathan Christensen pleaded guilty Tuesday to coercion, strangulation and RI¿FLDOPLVFRQGXFW$QDVVDXOW charge against him will be dropped as part of his plea deal with prosecutors. Attorney Steven Myers says Christensen could avoid jail time if the court accepts the plea agreement. &KULVWHQVHQZDV¿UHGODVW August and indicted on the charges in December. According to his termination letter, a former romantic partner DQGVKHULII¶VRI¿FHGHSXW\ZDV granted a restraining order against Christensen. The woman said he grabbed her hair, shoved in Ohio and placed on electronic monitoring until trial, when he can be returned to custody as the trial proceeds. “I give you my word I will be here to see this through,” Fry told the judge. After Jones ruled to keep him in custody, Fry continued to object, calling the judge a bigot, a liar and a racist, as a deputy U.S. marshal led him out of the courtroom. The 27-year-old has pleaded not guilty to charges of conspiring to LPSHGHIHGHUDORI¿FHUVIURPGRLQJ their work at the refuge. Fry was the last occupier to surrender at the Malheur National Wildlife Refuge on Feb. 11. Subscriber services: For home delivery, vacation stops or delivery concerns: 1-800-522-0255 — Founded Oct. 16, 1875 — her against a wall and grabbed her around the neck when she tried to end the relationship. Ex-sheriff’s corporal admits choking deputy Last refuge occupier to remain in custody PORTLAND (AP) — A federal court judge has allowed Oregon standoff defendant Kenneth Medenbach to be released from jail while awaiting trial, but he will keep the last holdout in the armed takeover in custody. U.S. District Court Judge Robert E. Jones said Wednesday he remained concerned about David Fry’s mental instability, threats of “suicide by cop” before his surrender to FBI agents and that he came to Oregon in violation of the conditions of his Ohio proba- tion, The Oregonian/OregonLive reported. Jones also said a psychological Two more Hanford workers report possible exposure to vapors 2 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. ©2016 -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: Locally drenching and gusty thunderstorms will mainly focus from the central Plains to the middle Mississippi Valley and the eastern Great Lakes today. Much of the West will be dry and sunny. Yesterday’s National Extremes: (for the 48 contiguous states) High 110° in Needles, Calif. Low 21° in West Yellowstone, Mont. 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 98 92 87 95 83 93 91 84 96 88 85 87 98 87 87 107 86 68 87 96 84 94 87 109 94 83 Lo 68 74 77 74 54 74 60 71 79 69 65 68 78 58 65 76 66 53 77 78 68 74 66 83 73 65 W s t pc t s t s pc t t pc t pc pc pc s pc r s s t t pc s t pc Fri. Hi 99 90 88 94 84 90 89 93 95 85 76 83 97 88 81 106 84 75 88 96 82 92 85 109 90 81 Lo 70 72 70 71 56 71 56 71 79 68 62 64 78 59 60 78 64 56 76 78 61 72 66 84 73 64 Today W pc t s pc t t s pc pc pc pc pc pc t pc pc t t sh s pc t pc s t pc Hi Louisville 86 Memphis 92 Miami 91 Milwaukee 84 Minneapolis 71 Nashville 92 New Orleans 92 New York City 87 Oklahoma City 96 Omaha 87 Philadelphia 93 Phoenix 112 Portland, ME 79 Providence 82 Raleigh 98 Rapid City 80 Reno 99 Sacramento 101 St. Louis 90 Salt Lake City 94 San Diego 77 San Francisco 73 Seattle 76 Tucson 106 Washington, DC 96 Wichita 85 Lo 73 75 80 64 59 72 79 75 71 62 77 87 67 72 75 52 60 59 72 66 65 55 55 79 78 68 W t t pc pc pc t t pc pc pc t s pc pc t pc s s pc s pc pc s s t t Fri. Hi 87 90 91 73 77 88 92 92 92 82 95 112 89 92 93 81 96 97 86 98 76 75 75 107 94 88 Lo 70 73 80 63 60 70 78 75 69 66 75 86 65 70 72 56 61 58 69 69 65 56 57 80 77 67 Weather (W): s-sunny, pc-partly cloudy, c-cloudy, sh-showers, t-thunderstorms, r-rain, sf-snow flurries, sn-snow, i-ice. W t t pc pc pc t t pc t pc pc pc pc pc t t s s pc s pc pc pc pc pc pc
