National Roundup

Washington
Probe: Interior held back Bernhardt records sought by court

The Interior Department withheld public documents related to Interior Secretary David Bernhardt ahead of his Senate confirmation, an agency watchdog office concluded in a report made public Tuesday.

While the Interior Department says the move did not violate the law or ethical standards, Democratic lawmakers called it a cover-up to smooth Bernhardt's April 2019 Senate confirmation and called for a criminal investigation by the Justice Department.

"Not since the Teapot Dome scandal have we seen a more corrupt Interior Department," Democratic Sen. Ron Wyden of Oregon and Rep. Raúl Grijalva of Arizona said in a statement, referencing the 1920s corruption scandal. "Political appointees at the agency have put their ideologically-based personal interests over the interests of the American people."

The findings by the agency's inspector general conclude the agency temporarily withheld 253 pages from documents it released under a federal court order in a civil litigation case. The report didn't identify the court case or detail what was in the withheld documents. Most of the documents have since been released.

The Interior Department under President Donald Trump's administration has implemented closer review of any requests for public records under the federal Freedom of Information Act, or FOIA, that relate to political appointees in the agency, rather than career staff, the watchdog report notes.

A counselor to the secretary, Hubbel Relat, had directed the staffers in Interior's Office of the Solicitor legal office and FOIA office to withhold documents related to Bernhardt, the report says.

An unidentified legal adviser is quoted as telling the agency's internal investigators that "Relat's direction to withhold Bernhardt-related documents in the FOIA litigation was because Bernhardt was awaiting his confirmation hearing. The attorney also remembered that this direction from Relat was to remain in place until after Bernhardt's confirmation," the report says.

In an email statement Tuesday, Interior press secretary Ben Goldey said, "The report demonstrates that the Department's actions were consistent with its legal, ethics, and FOIA obligations, including the applicable court order."

The Department of Justice had agreed that the Interior Department was free to decide how it chose to process and release documents under the federal open-records request, Goldey said.

The Republican-led Senate confirmed Bernhardt, a former oil and gas lobbyist, by a 56-41 vote.

Wisconsin
Coffee shop sues over local mask order

MADISON, Wis. (AP) — A coffee shop in a suburb of Madison that declared itself a "mask-free zone" is suing local officials over an ordinance requiring the wearing of face coverings inside businesses to slow the spread of the coronavirus.

Helbachs Coffee Roasters and Kitchen, located in downtown Middleton, filed the lawsuit Monday in Dane County Circuit Court against the city, county and local officials who attempted to enforce the mask ban.

Dane County's mask ordinance  took effect on July 13. A statewide mask ordinance took effect on Aug. 1. Helbachs is only challenging the local ordinance. The lawsuit is the first in Dane County to take on the legality of the mask ordinance. It comes after a federal judge last month struck another lawsuit down on a technicality that challenged a variety of other local ordinances related to the coronavirus.

Helbachs caught the attention of Dane County officials after a sign posted July 13 on its front door declaring it to be a "mask-free zone" was posted on social media. The coffee shop soon became the center of a debate over the efficacy of wearing masks, with mask opponents praising Helbachs for its stand while others accused the business of being irresponsible.

Helbachs was issued three citations for violating a public health order. Helbachs now faces revocation of its food and drink license because of its refusal to abide by the order. A hearing on Public Health Madison Dane County's motion to revoke the license is set for Aug. 25.

Helbachs has established a GoFundMe account to pay for the legal battle. As of Tuesday, it had raised about $10,700 out of its $50,000 goal. In that posting, cafe owner Casey Helbach attempted to explain what the "mask-free zone" sign meant. The sign has since been removed.

"This sign was a misrepresentation of our policy because we have no facial covering (mask) policy," Helbach wrote. "We believe in freedom of expression and welcome patrons with or without a facial covering (mask)."

Helbach said in the post that the city-county order requiring the wearing of masks is unlawful.

"We are not against the public's safety but rather against Madison & Dane County Public Health infringing on our constitutional rights," he wrote.

Helbachs' attorney Joseph Voiland, as well as attorneys for the city of Madison and Dane County, did not immediately return messages Tuesday.

Public health officials have urged the wearing of masks as one of the most effective ways to slow the spread of the coronavirus. However, protests against requiring the wearing of masks have popped up across Wisconsin and the country.

Wisconsin joined a majority of states earlier this month with the order requiring masks. That statewide order has yet to be challenged in court, although Republican Senate Majority Leader Scott Fitzgerald has said he wants the Legislature to strike it down. The Assembly would also have to vote to kill the order and so far Assembly Speaker Robin Vos has not said whether he wants to do that.

There were nearly 61,000 confirmed cases of COVID-19 in Wisconsin and 998 deaths as of Monday.

Ohio
Trial again delayed for man accused of 9 arson deaths

AKRON, Ohio (AP) — The latest capital murder trial of a man accused of killing nine people in two separate arson fires has been delayed until January.

Stanley Ford, 61, of Akron, had gone on trial in February, but it was soon halted by the coronavirus pandemic and the judge overseeing the case eventually declared a mistrial in June. A pretrial hearing in the case was then scheduled for this month, and the jury selection process was also due to begin.

However, Summit County Court of Common Pleas officials say jury selection will now start on Jan. 19. They have not said what caused the delay.

Ford is accused of killing two people in 2016 and seven people, including five children, in 2017.

Both fires occurred in Ford's Akron neighborhood. He set the fires because of disputes with his neighbors, prosecutors have alleged, but Ford maintains his innocence. He could face the death penalty if convicted.