misconduct

ANCHORAGE — Alaska prosecutors are dropping voter misconduct cases against a group of residents born in American Samoa after a state appeals court threw out felony charges against a woman who wrongly checked a box saying she was a U.S. citizen.

The state’s Department of Law announced the decision Friday, after a three-judge Court of Appeals panel ruled a week earlier that state law requires proof that defendants who erroneously filled out voter registration forms had a “consciousness of wrongdoing” and intended to break the law.

The panel found flaws with a state trooper’s questioning of Tupe Smith, the woman involved in the case that was thrown out, as well as with the grand jury process that led to her indictment. It overturned a lower court’s decision that had kept the charges against her alive.

Acting Alaska Atty. Gen. Cori Mills said in a statement that after reviewing the decision and applying it to the facts, prosecutors concluded that they could not prove cases against Smith and the others beyond a reasonable doubt. Her husband, Michael Pese, had also been charged.

“We respect the role of the courts in interpreting Alaska law and will faithfully execute our duty to apply the law and carefully evaluate our prosecutorial decisions,” Mills said.

In a statement Saturday, Smith’s lawyer Whitney Brown said the dismissal would allow the community “to put this ordeal behind them and begin moving forward.”

Earlier in the week, she heralded the Court of Appeals decision, saying it “establishes an important safeguard against imposing felony liability for an honest mistake.”

The court “made clear that Alaska law requires more than simply showing that a statement was false — the State must prove a person acted with a consciousness of wrongdoing,” Brown said. “That distinction makes a world of difference to Ms. Smith and helps ensure that Alaska’s voter-misconduct statute is applied as the legislature intended going forward.”

Neil Weare, part of the legal team representing Smith and Pese, said Saturday that the decision to drop charges “raises questions about why this prosecution was even brought to begin with.”

“It’s clear that all along, they really had no evidence of any consciousness of wrongdoing on the part of Michael, Tupe or the other defendants,” said Weare, co-director of the nonprofit Right to Democracy.

In all, 11 people from the small community of Whittier, about 50 miles southeast of Anchorage, were charged with falsely claiming U.S. citizenship either when registering or trying to vote. Messages seeking comment were left for their lawyers.

American Samoa is the only U.S. territory where residents are not automatically granted citizenship by being born on American soil and instead are considered U.S. nationals. Paths to citizenship exist, such as naturalization, though that process can be expensive and cumbersome.

American Samoans can serve in the military, obtain U.S. passports and vote in elections in American Samoa, but they cannot hold public office in the U.S. or participate in most U.S. elections.

Smith was arrested after winning election to a regional school board in 2023. She has said she relied on erroneous information from election officials in Whittier when she identified herself as a U.S. citizen on voter registration forms.

Smith said she marks herself as a U.S. national on paperwork. But when there was no such option on voter registration forms, she was told by city representatives that it was appropriate to mark herself as a citizen, according to court papers.

Prosecutors contended that Smith falsely and deliberately claimed citizenship, pointing to warnings on voter registration forms she filled out in 2020 and 2022 that noncitizens “are not eligible to vote.”

The Court of Appeals panel said in its ruling that toward the end of a police interview, a state trooper asked Smith “a long compound question that implied that Smith actually knew she was not eligible to vote” but wanted to be involved in the school board.

When Smith, whose native language is not English, did not respond right away, another state trooper clarified, “He’s asking you,” and the first trooper again presented his question, which the panel described as “a lengthy and complex statement containing four individual questions.”

Smith answered “Yes,” the panel said, leading to her arrest and indictment on two counts of felony voter misconduct.

Aug. 26 (UPI) — Three Secret Service employees have been put on administrative leave during an investigation into “potential misconduct,” the agency confirmed.

The three staffers are “non-law enforcement personnel,” including Chief of Communications Anthony Guglielmi and two others in the agency’s communications office, CNN, CBS News and The Hill reported. CNN first reported the investigation.

It isn’t clear what the “potential misconduct” was or why they were put on leave.

The employees lost their security clearances and access to work devices, which is common practice during internal investigations.

A Secret Service spokesperson said the investigation is being handled by the agency’s Office of Professional Responsibility.

“The U.S. Secret Service is committed to upholding the highest standards of professionalism and integrity in fulfilling our zero-fail mission of protecting the President and other high-level government officials. Our critical work demands that our workforce maintain an unwavering commitment to duty, honesty, and courage in all aspects of their jobs. We will continue to pursue the level of excellence that is worthy of the mission which has been entrusted to us by the American people,” the spokesperson said.

On Tuesday, the Secret Service said it was “aware” of a video by Iran threatening Barron Trump’s life.

A week ago, the Secret Service launched a probe into a member of Vice President JD Vance’s security detail for allegedly leaking sensitive information.

The agency has faced intense scrutiny over several assassination plots and attempts on President Donald Trump‘s life.

A Los Angeles police officer who faced multiple felonies for recording his colleagues making racist, sexist and homophobic comments will now likely avoid jail time under a new agreement with prosecutors, Los Angeles County’s district attorney said Wednesday.

Dist. Atty. Nathan Hochman announced he would reduce 16 felony eavesdropping counts against Officer Daniel Flores to misdemeanors, and that the case would likely resolve in court through a diversion agreement.

The announcement came after Hochman faced backlash for the decision to prosecute Flores, with L.A. Mayor Karen Bass and even some of his own prosecutors criticizing the filing as “insane” and a deterrent for police looking to expose corruption and misconduct within their ranks.

The district attorney acknowledged the public reaction to the case as he spoke downtown Wednesday morning, and said he wanted to make “crystal clear” his intentions were to blunt illegal investigative practices by police, rather than discourage cops who want to report bad behavior.

“The message was not being clearly interpreted about us being protective of whistleblowers,” he said.

Flores’ attorney, ex-L.A. County prosecutor Alan Jackson, said he expected to request a diversion agreement for Flores in a downtown courtroom on Thursday.

“Following this disposition, 16 felonies will be dismissed with no plea, no punishment, and no record, because Daniel Flores told the troubling truth about what he heard inside his own department. As the investigators themselves concluded, there was no reasonable expectation of privacy in this open-plan LAPD office,” he said. “That isn’t eavesdropping, it’s being a witness. Mr. Flores has committed no crime.”

If a judge accepts a diversion agreement, Flores would have to satisfy certain terms and conditions for about a year. If he does so, the case would be dismissed.

An LAPD spokesman referred all questions to the district attorney’s office. While misdemeanor prosecutions in Los Angeles are normally handled by the city attorney’s office, the D.A. can keep possession of the case because it was initially filed as a felony, according to a district attorney’s office spokesman.

Flores made more than 100 recordings of his colleagues in the Los Angeles Police Department’s recruitment division last year,capturing other officers making an array of racist, homophobic and sexist remarks. Comments included a joke about a legendary L.A. Dodgers pitcher who was Latino dying because he “ate too many tacos,” and referring to stereotypes about Black people enjoying eating watermelon and playing basketball. One officer was recorded calling a young LAPD recruit “rapeable,” according to court records.

If convicted of the original charges, Flores could have faced up to 13 years in prison.

California is a “two-party consent” state, meaning it is a crime for someone to record a conversation without the permission of other participants, unless there is a court order granting authority to do so. Flores’ attorneys have argued that his actions were allowed under the California Invasion of Privacy Act because he was acting in the course of his duties as a police officer.

Flores lodged a complaint with the LAPD’s inspector general’s office and has said he hoped the officers he taped making inappropriate remarks would face discipline.

The decision to charge Flores drew relentless criticism from a number of groups. Bass said she worried about the potential chilling effect on other police whistleblowers.

Last week, City Councilmember Hugo Soto-Martínez introduced a resolution condemning Hochman for bringing “felony charges against a City employee who reported workplace discrimination through official channels” and urging him to drop the charges.

Hochman told reporters that his office assessed the case with the same rigor as it would any other. In bringing the charges, he said he wanted to thread the needle between punishing the illegal recording and not dissuading whistleblowers from coming forward.

He suggested that he could have technically charged Flores with 122 felony counts, one for each recording that he made. Hochman also reiterated Wednesday that he felt it was important to file the case at a time when new products like Meta Glasses make it even easier to surreptitiously record people.

“If you go ahead and illegally eavesdrop in our community, you will face criminal prosecution for doing it, so don’t take out your cellphones and or your smart glasses or anything else,” he said, while encouraging whistleblowers to work with the D.A.’s office to gather evidence in the future.

Flores had pleaded not guilty at his arraignment in a downtown courtroom last week, with a team of high-powered lawyers in tow. His next court date was set for Sept. 9.

The second-guessing of Hochman’s decision ramped up earlier this month after the D.A., in an unusual move, filed a 27-page motion asking for a lengthy preliminary hearing in the case. The filing alleged Flores deceptively edited the recordings to hide his own insensitive remarks and suggested he was motivated by a desire to win a large legal settlement in court.

Hochman’s motion referred to the officers’ remarks as “locker room talk” — a characterization that was seized on by Flores’ legal team.

Jackson, a former L.A. County prosecutor, accused Hochman of contradicting himself, questioning the D.A.’s efforts to justify the officers’ coarse language.

Several county prosecutors, who spoke to The Times on the condition of anonymity for fear of reprisal, called Hochman’s decision to file his own motion in the case bizarre and unprecedented. While they privately lauded him for backing down on Wednesday, some said Hochman’s turn from zealously defending the filing to public capitulation in the span of two weeks was embarrassing for the office.

“From charging to doubling down to reducing to misdemeanors, this just makes it worse,” one prosecutor said. “The filing was inappropriate but then to bend to public pressure isn’t appropriate either.”

The motion, Jackson noted, relied heavily on the observations of the officers against whom Flores had leveled claims — and who were under internal investigation by the LAPD.

Flores filed a lawsuit in June accusing the LAPD of retaliating against him after he reported misconduct.

When reached for comment on Flores’ lawsuit, a spokesperson for the LAPD’s inspector general’s office said it was barred by state law from disclosing information about individual cases, but added that its practice is to refer all “complaints of employee misconduct” to Internal Affairs.

Aug. 17 (UPI) — The U.S. House Ethics Committee announced Monday that it is investigating Rep. Jimmy Gomez over allegations of sexual misconduct, the latest House member to come under an ethics probe.

The release from the bipartisan committee did not detail the allegations, only stating it was investigating the California Democrat for possibly having “engaged in sexual misconduct in violation of the Code of Official Conduct or any other applicable standard of conduct, including engaging in inappropriate sexual contact with a House staffer.”

The committee noted that while it has made its investigation public that does not mean an ethics violation has been committed.

The announcement comes months after the New York Post reported in April that Gomez kissed a congressional aide to another House Democrat at a backyard party hosted by former Rep. Eric Swalwell in the summer of 2023. The report stated the aide was two decades younger than Gomez, who is now 51, but was 48 the summer of the alleged kiss.

The Monday announcement confirms an early June CNN report that the ethics committee was investigating Gomez over allegations of sexual misconduct.

Gomez is married to Mary Hodge and together they have one son. In January 2023, Gomez and his son made headlines as the new father brought his infant son to the House, wearing him on the chamber floor in a baby carrier.

Rep. Jimmy Gomez, D-CA, carries his infant son Hodge on the chamber floor of the House at the U.S. Capitol in Washington, D.C., on Thursday, January 5, 2023. File Photo by Pat Benic/UPI

Following the June CNN report, Gomez released a statement acknowledging that he made mistakes in his marriage but that he violated no House ethics rules, while stating he would cooperate with its investigation.

Gomez on Monday issued a very similar statement to Courthouse News in response to the committee’s announcement, stating, “Although my actions were consensual in nature and haven’t violated the law or House Ethics rules, that doesn’t diminish the impact that these mistakes have made on those I care about most.”

“I have and continue to sincerely apologize to my family, friends and the people that II have the privilege to serve,” he said.

“I am deeply sorry to my wife for the pain and embarrassment that I have brought into our lives.”

The investigation into Gomez is the latest probe involving House members of both parties that the ethics panel has launched this summer.

Earlier this month, the panel made public an investigation into allegations of domestic violence and illegal drug use by Rep. Max Miller, R-Ohio. It also completed its investigation of Rep. Chuck Edwards, R-N.C., finding substantial reason to believe he violated House rules concerning sexual harassment and creating a hostile workplace and recommended that he be censured. Edwards has since announced he is dropping his re-election campaign.

In April, both Swalwell, D-Calif., and Tony Gonzales, R-Texas, resigned amid House Ethics investigations into alleged sexual misconduct. The Swalwell probe included allegations involving an employee, while the Gonzales probe was looking into allegations involving a congressional employee and alleged special favors.

The House Ethics Committee announced Monday that it is investigating Democratic Rep. Jimmy Gomez of Los Angeles for alleged sexual misconduct.

The committee said it is investigating allegations that Gomez, 51, engaged in “inappropriate sexual contact with a House staffer,” according to a statement released by the committee’s chair, Rep. Michael Guest (R-Miss.), and ranking member Mark DeSaulnier (D-Concord).

The New York Post reported in April that Gomez, a married five-term congressman, was spotted in 2023 kissing a much younger staffer from another office. CNN reported that the House Ethics Committee later discovered other allegations of sexual misconduct by Gomez.

Gomez acknowledged in a statement Monday that he made “personal mistakes outside my marriage,” but said that his “actions were consensual in nature and haven’t violated the law or House Ethics rules.”

Guest and DeSaulnier said in their statement that the panel’s public acknowledgment of the investigation “does not itself indicate that any violation has occurred.”

Gomez said he is “confident that a full and impartial review of the facts will bear that out” and that he is “ready to cooperate with the Ethics Committee inquiry and provide it with whatever information it might need.”

The committee can take a wide range of actions if it substantiates the allegations in an investigation, including recommending that a member be reprimanded, censured or removed, or referring the conduct to the U.S. Department of Justice for criminal investigation.

Gomez represents California’s 34th Congressional District, stretching from Koreatown to Eagle Rock. He faces an election challenge in November from Democrat Angela Gonzales-Torres, who has the backing of the progressive Justice Democrats.

Gomez received 46% of the vote in the June primary, while Gonzales-Torres got 30%.

Gonzales-Torres has been particularly critical of Gomez because of his past support from the American Israel Public Affairs Committee, or AIPAC.

Gonzales-Torres blasted Gomez in a statement to The Times after news of the investigation.

“At a time when working families are struggling the most, we need to get creeps out of office,” she said. “We need representatives who will actually focus on fighting for policies like Medicare for All — not people like Rep. Jimmy Gomez and Donald Trump, who are mired in scandal and investigation.”

Gomez was friends with former California Rep. Eric Swalwell (D-Dublin), who resigned from Congress earlier this year and suspended his campaign for California gubernatorial campaign after being accused of sexual assault by multiple women. Gomez had been a co-chair of Swalwell’s campaign.

The 2023 incident reportedly occurred at a party hosted by Swalwell.

Gomez is married to Mary Hodge, a onetime top aide to former Los Angeles Mayor Eric Garcetti. The couple have a son whom Gomez wore in a baby carrier during the lengthy House speaker election in 2023. That same year, Gomez founded the Congressional Dads Caucus, which has advocated for expanded child tax credits and other parent-friendly legislation.

Gomez apologized to Hodge in his statement.

“I am deeply sorry to my wife for the pain and embarrassment that I have brought into our lives,” he said. “Her sacrifices and support are central to my ability to serve, and I can only feel gratitude for her grace and strength.”