December 5, 2024 News Read > Hawaii Free Press

Hawaii Daily News Read

Thursday, December 5, 2024

December 5, 2024 News Read
By Andrew Walden @ 2:21 PM :: 1750 Views

DBEDT: Tax Reform Improves Economic Outlook

Insurance Emergency: Green Extends Proclamation Again

Court: DoE Must Allow Christian Good News Clubs in Schools

DOOMED: Senators Set to Reject Gabbard nomination – but first they want to expose her foreign contacts

PBN: … Former Hawaii Democratic Rep. Tulsi Gabbard, President-elect Donald Trump’s nominee for director of national intelligence, is on record calling for the U.S. government to “drop all charges” against Edward Snowden, wanting to repeal key intelligence-gathering tools and sometimes embracing Russian talking points regarding the wars in Syria and Ukraine.

That’s even before examining Gabbard’s foreign policy views, which are far outside the mainstream of American political discourse — and even further away from the center of gravity in the Senate Republican Conference.

It’s presenting a unique challenge for Republicans on the Senate Intelligence Committee. That panel — which is responsible for processing Gabbard’s nomination — is stacked with hawks on both sides of the dais….

Trump’s choice of Gabbard is in keeping with his desire to completely overhaul the federal bureaucracy. But GOP senators are already indicating they’ll be interested in probing Gabbard’s controversial and often outright hostile posture toward the very intelligence apparatus she’d run if confirmed.

The Snowden praise is particularly troubling to lawmakers, the vast majority of whom believe the NSA leaker caused irreparable damage to U.S. national security. Snowden is now a Russian citizen.

This is news: Republican senators have privately discussed their interest in viewing Gabbard’s FBI file, according to three sources familiar with the conversations. This is done for each Cabinet nominee, but the implication is that the documents could reveal previously unknown information about Gabbard, including possible foreign contacts….

read … Gabbard nomination puts Senate GOP in a bind

Unconstitutional: Empty Homes Tax bill up for final reading Dec. 11

SA: … The Honolulu City Council is scheduled to hold its final reading Wednesday on a proposed empty-homes tax….

But critics of the measure refer to still swirling legal issues — namely in the City and County of San Francisco — where a similar “vacancy tax” ended up as part of a lawsuit in state court, with property-owning opponents contending that such taxes violated their federal civil rights.

And, in that case, a group of San Francisco plaintiffs won a judicial victory….

California Superior Court Judge Ronald E. Quidachay on Nov. 26 ruled in favor of the plaintiffs, finding San Francisco’s vacant homes tax violated the “Takings Clause,” also known as the Just Compensation Clause, of the Fifth Amendment to the U.S. Constitution.

“The Supreme Court has held that the government can’t make you rent out your property,” Christopher Skinnell, the plaintiff’s lawyer, told the Honolulu Star-Advertiser by phone. “And more broadly, they can’t make you allow other people onto your property.”

He said under the Fifth Amendment “the government can’t take your property without paying for it.”…

“And so if the City of San Francisco had said ‘you shall rent these vacant units out’ that would be an unconstitutional ‘takings’ of private property,” Skinnell said. “That applies to not just taking it themselves, but also making you share it with other people.”…

During the Council’s Budget Committee meeting Nov. 21, city Budget and Fiscal Services Director Andy Kawano asked the Council to proceed slowly on Bill 46.

Kawano noted that Ernst &Young LLP, the city’s consultant in this matter, is being paid nearly $500,000 to study the implications of Bill 46. He added that the consultant’s work involved two phases.

Saying the first phase would be completed by the end of January, Kawano asked that the Council “slow down and not go to third reading until we have a report back from the consultants on the feasibility of the bill.”

But on a split vote the Council’s Budget Committee pushed Bill 46 toward a final vote….

As Explained: SF Judge Rules 'Empty Homes Tax’ Unconstitutional > Hawaii Free Press

CB: Will Exemptions In Honolulu's Empty Homes Tax Bill Water Down Its Effect?

read … Empty homes tax bill up for final reading Dec. 11 | Honolulu Star-Advertiser

Bogus UCLA Study Behind Empty-Homes Tax

SA: … proponents claim that a 2020 report by graduate students from the University of California-Los Angeles supports their proposal.

But this reference is problematic on multiple levels.

First, the UCLA report was more like a manual about how to implement the tax rather than a study about whether to implement it.

The report did examine some alleged “potential policy alternatives,” but they all had to do with imposing more government taxes or zoning restrictions, not fewer, which research overwhelmingly shows would be the best way to resolve Hawaii’s housing crisis.

In particular, the alternatives were “increasing the property tax,” “increasing the real estate conveyance tax,” “decreasing the mortgage interest deduction” and “inclusionary zoning.” It’s as if these UCLA students and their academic advisors had blinders on in relation to possibly lowering taxes and loosening or removing zoning regulations to facilitate more homebuilding and rental housing.

Beyond that, the methodology of the UCLA report contained critical flaws, particularly in comparing Honolulu to Washington, D.C….

read … Column: Honolulu not right venue for an effective empty-homes tax

OHA Leadership Shakeup Puts Kai Kahele In Charge, With An Eye on Kakaako Makai Development

CB: … The trustees voted 8-1 Wednesday in favor of Kahele to replace former Chairwoman Carmen Hulu Lindsey, who voted for Kahele when it became apparent she did not have the votes to stay on as leader of the nine-member board….

Kahele, a former state lawmaker, wants to prioritize development of 30 acres the office owns in Kakaako Makai. OHA has spent years trying to lift a ban on residential developments on those lots that would allow it to construct a 400-foot residential high rise.

In an interview, Kahele said he wants the trustees to divvy up the 76 state lawmakers and develop working relationships with them. In particular, Kahele said he wants the trustees to work more closely with members of the Legislature’s Native Hawaiian caucus.….

HNN: Office of Hawaiian Affairs swears in new trustees

read … OHA Leadership Shakeup Puts Kai Kahele In Charge, With An Eye on Development - Honolulu Civil Beat

House approves push to designate Lahaina a heritage area

E&E: … The House approved legislation Wednesday that would kick-start the process of designating the Hawaiian town of Lahaina as a national heritage area.

H.R. 8219, the “Lahaina National Heritage Area Study Act,” from Rep. Jill Tokuda (D-Hawaii), calls for a study into the designation. Lawmakers voted 378-25 for the bill.

The region continues to recover from devastating wildfires in 2023. A heritage designation could increase federal funding for conservation and assistance….

Background: Lahaina National Heritage Area is a tool for County, State to Seize Your Property

read … House approves push to designate Lahaina a heritage area - E&E News by POLITICO

COVID Cheating Over: Long Lines as SNAP Now Requires In-Person Recertification

KHON: … Viewers have been contacting KHON2, saying wait times in line and on the phone have been four hours plus.

State officials said the federal government allowed the state to conduct desk reviews for recertification, anyone reapplying for aid, because of COVID.

New applicants and those reapplying must now be interviewed due to desk reviews ending in October.

“So that change has really resulted in a dramatic increase in calls coming into our call center,” said Scott Morishige, DHS Benefits, Employment & Support Services Division administrator.

The state Department of Human Services said calls to its offices jumped from 17,000 in September to more than 40,000 in November.

In October, DHS said it’s processed 9,100 new applicants as well as 10,000 recertifications, so workers are now doing twice the amount of work as before.

“So whenever I come, the lines are super, super, super long and I wait hours,” Leah Kapihe, Honolulu resident. “And sometimes I don’t even get to the front and they’re already saying ‘ok we’re not having any more interviews today’ I’m like, ok, so I waited three hours for nothing.”…

read … Procedure, short staffing to blame for benefits delays

Why Did Hawaii Democrats Link Electoral Votes To The Popular Vote?

CB: … If the National Popular Vote Interstate Compact were in effect today Hawaii's Electoral College votes would have gone to Donald Trump….

If that compact were in effect today, which it will not be until it represents a majority of national votes, Hawaii’s electoral votes would have gone to Donald Trump because he won the popular vote. Trump would therefore have won by an even higher number of electoral votes than he got. This is the very result the Honolulu Star-Bulletin warned about in an opinion on April 29, 2007.

I had a conversation a few years ago with then-Gov. Linda Lingle on this very issue. Her veto of the measure was overturned by the Legislature. We were both mystified why Hawaii’s Legislature wanted to dilute its constitutional power as a smaller state by joining the compact. But it has.

In conclusion, the compact would have given Donald Trump all of Hawaii’s electoral votes and Hawaii’s Democrat Party would have hoisted itself on its own petard….

read … Why Did Hawaii Democrats Link Electoral Votes To The Popular Vote?

Mike Miske autopsy produced no immediate answers about his cause of death

ILind: … What do we know about Mike Miske’s death in Honolulu’s Federal Detention Center on Sunday?

Not much.

Miske, 50, was awaiting sentencing next month after he was convicted on 13 criminal counts by a federal jury in July following a complex 5-month trial.

He was found “unresponsive,” it has been reported. Initial news reports say there were no indications of physical violence.

An autopsy conducted the next day produced “inconclusive” results, with no finding of foul play or suicide.

Additional forensic tests are being conducted, according to prior reporting, and results are not expected quickly.

Miske’s attorneys have previously reported he had several health issues….

read … Mike Miske autopsy produced no immediate answers about his cause of death

Honolulu police ‘justified’ in fatal shooting on New Year’s Day, prosecutor says

SA: … The shooting death of an attempted murder suspect by Honolulu police officers following a New Year’s Day long pursuit and shootouts Opens in a new tab was justified, Prosecuting Attorney Steve Alm announced today.

Sidney Tafokitau was shot and killed by police after he opened fire and wounded two officers on University Avenue.

The shooting “was justified” and “no police personnel will be charged,” said Alm, who noted at one point during the day Tafokitau fired an with an assault rifle at a police helicopter that was tracking his movements on the North Shore….

CB: Sidney Tafokitau shot at multiple officers with an AR-15, wounding two, before he was killed

KHON: Father, son still waiting for justice in police brutality lawsuit | KHON2

read … Honolulu police ‘justified’ in fatal shooting on New Year’s Day, prosecutor says

Judge dismisses sexual assault case against Maui firefighter

HNN: … His attorney filed a motion for dismissal and alleged there was misconduct by the prosecutor and the grand jury counsel during the initial presentation of evidence to the grand jury in May 2024.

Attorney Brandon Segal claimed the grand jury was discouraged from calling a witness who was waiting outside, and that jurors' questions were interrupted.

Segal’s motion also said that Rogers' statement to police about the case was minimized by the prosecutor and the grand jury counsel.

Judge Peter Cahill agreed with the motion on Tuesday and dismissed the case without prejudice.

That means prosecutors will have 60-days to re-charge Rogers once his lawyer has filed the case’s factual findings….

read … Judge dismisses sexual assault case against Maui firefighter

Damages to Kula fire survivors' driveways after debris removal have some feeling 'betrayed'

KITV: … Ross added that the county told him to get estimates for a possible reimbursement and he was told it would cost between $32,000 and $45,000 to tear his driveway and pour a new one. Others said their appraisals were even higher, around $100,000. …

read … Damages to Kula fire survivors' driveways after debris removal have some feeling 'betrayed'

Biden Admin Seeks to End Hawaii Doctors' Challenge to Abortion Pill Regs

BL: … A group of Hawaii doctors lacks standing to challenge heightened federal regulations imposed on the abortion drug mifepristone, the head of the Health and Human Services Department told a federal district court.

HHS Secretary Xavier Becerra on Tuesday asked the US District Court for the District of Hawaii to keep the agency’s risk evaluation and mitigation strategies for the drug in place, seeking summary judgment against the physicians.

The doctors said that the heightened requirements in the REMS burdened their patients and other health-care providers, but didn’t establish how the regulations injured them, Becerra said….

read … US Seeks to End Hawaii Doctors' Challenge to Abortion Pill Regs

Hawaii Farmers Face Risk of Crime Daily. Is A Murder Enough To Spur Reform?

CB: ... After years of inaction and neglect, a handful of lawmakers and state officials now say they want to address it this legislative session. Potential responses include an agriculture-specific stand-your-ground law, allowing ranchers and farmers to defend themselves with lethal force.

By one estimate, agricultural theft and vandalism cost farmers and ranchers more than $14 million, both for the cost of crime and preventing it….

read … Hawaii Farmers Face Risk of Crime Daily. Is A Murder Enough To Spur Reform? - Honolulu Civil Beat

Data Dive: Hawaii Spends More On Takeout Than Any Other State

CB: … Hawaii residents top a list of the 10 U.S. states that spend the most on takeout, per resident.

That’s $5,300 per resident per year, which is 27% higher than the national average according to analysis by the online ordering system Owner.com using federal Bureau of Economic Analysis data….

read … Data Dive: Hawaii Spends More On Takeout Than Any Other State

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