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
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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
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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.
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Washington to require
‘Not For Kids’ label
on pot products
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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
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pc
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pc
