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(1 of ) Tribal chairman of the Mishewal Wappo Scott Gabaldon, at Pepperwood Preserve overlooking his tribe's ancestral lands, plans on appealing the court decision which turned down the attempt to be restored as a tribe. (Christopher Chung/ The Press Democrat)

CLARK MASON

THE PRESS DEMOCRAT | May 12, 2017, 5:13PM

The Mishawal Wappo, a Sonoma County tribe pushing to regain federal recognition, has lost its latest appeal and perhaps last round in a court case it filed eight years ago.

A federal court of appeals agreed that the Wappos waited four decades too long to bring their lawsuit against the Secretary of the Interior claiming the tribe was illegally terminated in 1961 when its Alexander Valley rancheria was dissolved.

Opponents of the tribes lawsuit, which at one time included the counties of Sonoma and Napa, worried that if the Wappos were successful, they would open a casino.

Tribal Chairman Scott Gabaldon on Friday said the tribe is primarily interested in regaining federal recognition so its approximate 345 members can access health, education and housing benefits available to tribal members.

He said the tribe has yet to decide if it will appeal to the next level the U.S. Supreme Court but conceded it was a long shot.

We have to decide which route were going to go next, he said.

As for getting a casino built if the tribe prevails, he said we are not going to rule out that possibility, but insisted it is not the main impetus.

If you look at a golf ball, you see divots on the ball, he said.

The casino is one divot. Theres a lot more to it than a casino.

Gabaldon, a general contractor who lives in Windsor, acknowledged that the tribes legal bills which he estimated at around $2 million have been subsidized by Greg Akopian, who has been associated with at least one potential casino development and runs a trucking company in Los Angeles with his brother, Grish.

Concerns that a restored Mishawal Wappo tribe would be able to buy land for a reservation outside local land-use controls and build a casino led several cities including Napa, American Canyon and Yountville to take stances opposing the tribes attempt to regain sovereignty.

California Sen. Dianne Feinstein also said the Wappos should not be recognized without restrictions on tribal development in Napa Valleys agricultural reserves.

And Rep. Mike Thompson, D-St. Helena, opposed the tribes move at restoration.

By the groups own admission, if the lawsuit was successful, they would have attempted to build a casino in Napa or Sonoma counties, he said in a statement when a U.S. District Court judge in 2015 ruled against tribal restoration for the Wappos.

Last month, the 9th U.S. Circuit Court of Appeals affirmed the lower court.

Its the result we sort of expected, given the law, Sonoma County Chief Deputy County Counsel Jeff Brax said Friday.

It should be the last chapter in this lawsuit.

But both Brax and Gabaldon mentioned the possibility that the tribe could try to seek recognition through an administrative decision from the Bureau of Indian Affairs.

The Wappos are recognized by other tribes and state agencies that include Caltrans and the Native American Heritage Commission, according to Gabaldon.

They and many other California tribes lost their federal tribal status after Congress passed a law in 1958 aimed at privatizing the states small reservations, known as rancherias. Some of those tribes regained their status when courts ruled the federal government didnt keep a promise to improve living conditions on their reservations, which the U.S. had held in trust for tribe members.

The Wappos ancestral territory encompassed parts of Sonoma, Lake and Napa counties. But by the early part of the 1900s, they were living on 54 acres held in trust for them by the federal government, at the end of Soda Rock Lane, next to the Russian River.

The Wappos claim the federal government acted unlawfully between 1959 and 1961 when it dissolved the rancheria because it was done at the request of a non-Wappo leader who received two-thirds of the land.

But the court said a timely action challenging the distribution and termination should have been filed within the six-year statute of limitations by 1967.

You can reach Staff Writer Clark Mason at 707-521-5214 or clark.mason@pressdemocrat.com. On Twitter@clarkmas.

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Sonoma County tribe loses bid to regain federal status - Santa Rosa Press Democrat

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On election night, the Associated Press called Mellos loss a setback for supporters who argued that the Democratic National Committee and abortion rights groups were wrong to attack the anti-abortion former state senator.

Mello, a 37-year-old Catholic from Omahas working-class south side, had become a flashpoint for the internal Democratic battle over whether a candidates position on reproductive rights should disqualify him from support by the national party after its crushing losses around the country last year.

Tuesday, Mello acknowledged the completely different dynamic the campaign took on in the closing weeks, but noted what he described as unified support across ideological lines.

We tried to run a campaign that was inclusive from the beginning regardless of political affiliation, regardless or ideology under the banner of change, Mello told hundreds in a west Omaha hotel ballroom.

Democrats hope for a victory in the race appear to have been hurt, rather than helped, when the Democratic National Committees unity tour featuring new chairman Tom Perez and former Presidential candidate Sen. Bernie Sanders (I-VT) stopped in Omaha on April 20.

Rather than boost Mellos candidacy, the subsequent comments byThe National Abortion and Reproductive Rights Action League criticizing the Democratic National Committee for backing Mello apparentlyhad the effect of lowering Democratic turnout for Mello in the Omaha municipal election:

Responding to the criticism, Democratic party chair Tom Perez declared that, every Democrat, like every American, should support a womans right to make her own choices. His comment sparked a fierce debate within the party over whether there should be an abortion litmus test, with Mello caught in the middle.

Its astounding that our party chairman would say pro-life Democrats are not welcome, Nebraska Democratic Party Chairwoman Jane Kleeb told The Associated Press Tuesday as Mello conceded.

A CBS News poll taken in January found 15 percent of Democrats nationally believed that abortion should not be permitted.

On election night after conceding the race, Mellos comments suggested he would consider other political races in the future.

Despite high levels of energy displayed by far left activists within the Democratic party since the election of President Trump, most of their electoral efforts since January have failed.

In Kansas, a Republican candidate held off a Democratic challenger to win CIA Director Mike Pompeos former Congressional seat, and in Georgia, the well-funded national efforts to give Democrat Jon Ossoff a jungle primary victory also failed. Ossoff now faces a runoff election in June against Republican candidate Karen Handel.

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Anti-Abortion Democrat Candidate Defeated in Election for Mayor of Omaha - Breitbart News

Rep. Anna Eshoo (D., Calif.) / AP

BY: Elizabeth Harrington May 11, 2017 3:00 pm

A Democratic lawmaker from California referred to Middle America as "Podunk, USA," during a committee meeting last week, several sources inside the meeting told the Washington Free Beacon.

Remarks by Rep. Anna Eshoo (D., Calif.) during a closed-door Energy and Commerce Committee meeting with Federal Communications Commission Chairman Ajit Pai raised eyebrows from those present.

The moment occurred when Eshoo pushed back against Pai when he was discussing expanding broadband access to rural areas.

Pai saidthat eliminating Title II net neutrality rules would benefit places he has traveled to, such as Parsons, Kan., Elverson, Pa., and Cadillac, Mich.

Sources inside the meeting told the Free Beacon that Eshoo was frustrated with Pai's comments. She wished out loud that Pai would stop talking about "Podunk, USA" and instead be more concerned about the venture capitalists on Sand Hill Road in her district near Palo Alto, according to the sources.

Many in the room reacted negatively to Eshoo's remarks, sources said. A member who represents a flyover state did not appreciate the term "Podunk," which means a small, unimportant town, and said districts in Middle America are just as important as those in Silicon Valley.

Eshoo's office declined to comment.

Democrats have been criticized for beingout of touch and representing only the interests of coastal elites since suffering significant losses in the 2016 elections. House Democrats opted to reelect Nancy Pelosi of San Francisco as their leader rather than Tim Ryan, who represents Youngstown, Ohio.

The FCC's plan to reverse Title II net neutrality rules, which would end the Obama administration policy of treating Internet service providers as utilities, has become a hotly contested issue, withChairman Pai receivingdeath threats.

Pai believes net neutrality subjected Internet providersto unnecessary regulatory burdens. He has made expanding broadband access to rural areas a top priority of his chairmanship.

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Democrat Refers to Middle America as 'Podunk, USA' - Washington Free Beacon

Remember Health Mello? Hes the Democrat who ran in Omaha, Nebraskas mayoral race that voted for a sonogram bill when he was a member of the state legislature. It caused great heartburn for the Left, who are going through an identity crisis over whether to be a pure pro-abortion party, or accept that in some racesyou might have to back a pro-life Democrat to win. Pro-life Democrats make up a sizable chunk, around 25 percent, of the Democratic Party. Sen. Bernie Sanders (I-VT) supported Mellos candidacy, which irked his progressive following, though the darling of the Left said in order to protect a womans access to abortionDemocrats need to win again. That hasnt happened yet.

In the era of rambunctious town halls and left wing grassroots energy, you would think the Indivisible crowd would, you knowwin some elections. They havent. Mello lost the mayoral race Tuesday, marking zero wins Democrats have racked up so far in the Trump era. This loss is just another reminder to the left that their messaging is, welltoo nutty for most of Middle America (via AP):

His loss was a setback for supporters who argued that the Democratic National Committee and abortion rights groups were wrong to attack the anti-abortion former state senator.

It was also another near miss for Democrats fighting in typically Republican territory since Donald Trumps presidential election victory. Democrats lost a special election for a House seat in Kansas and narrowly missed an outright win in a special election in Georgia.

Mello, a 37-year-old Catholic from Omahas working-class south side, had become a flashpoint for the internal Democratic battle over whether a candidates position on reproductive rights should disqualify him from support by the national party after its crushing losses around the country last year.

Tuesday, Mello acknowledged the completely different dynamic the campaign took on in the closing weeks, but noted what he described as unified support across ideological lines.

Well, obviously not since you lost, Mello. Republican Jean Stothert was re-elected to a second term.

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Another Resistance Fail: Democrat Loses Omaha Mayoral Race - Townhall

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SALEM, Ore. - Nearly a month after the Democratic Party of Oregon filed an ethics complaint against Rep. Knute Buehler, R-Bend., a Democratic lawmaker has introduced legislation that would close what the party calls the "Buehler loophole" in state laws governing required public disclosure of payments to elected officials by those who do business with the state.

The party issued this news release on the measure:

Legislation introduced Wednesday by Rep. Dan Rayfield would close the Buehler Loophole in state ethics laws and require additional reporting and transparency from public officials. Rayfields bill, HB 3457, follows an ethics complaint filed by the Democratic Party of Oregon (DPO) against Rep. Knute Buehler for failing to disclose years of payments from companies that do business with the State of Oregon.

Rep. Buehler has received royalties, served as a paid consultant, paid speaker and presenter, and paid researcher for multiple health care-related businesses, including Stryker Corporation, a medical device company that is a contractor with the State of Oregon. Stryker has also been fined for violating anti-corruption and anti-kickback laws after an investigation of its activities in five countries by the Security and Exchange Commission.

Public officials are supposed act on behalf of the public, not the people who pay them, said Jeanne Atkins, Chair of the Democratic Party of Oregon. Transparency in financial reporting is essential for the integrity of our system. We applaud Rep. Rayfields commitment to close the Buehler Loophole and bring these payments from the shadows into the light.

Currently, public officials are required to disclose income greater than $1,000 from businesses, organizations, or individuals that have legislative interests before the State of Oregon. But current law does not require public officials to report income paid to a business owned or run by a public official, even if the payor entity has business before the state.

This loophole would be closed by HB3457, which would require public officials to report sources of income to businesses they own or run if that income is 10% or more of that business's total income.

The DPO filed an ethics complaint against Rep. Buehler on April 12 for failing to report income from Stryker Corporation on his 2014, 2015 and 2016 Statements of Economic Interest. Rep. Buehler admits that as a doctor and state legislator he continues to accept consulting payments from Stryker but has countered that he does not have to report that income because the money was moved through a company he owns. The Bend Bulletin recently reported that company is registered at Rep. Buehlers home address.

The payments from Stryker only came to light because a federal transparency law requires medical device companies to report their payments to doctors in the U.S., including Rep. Buehler, who is a surgeon in Bend. The reports show the company paid Rep. Buehler personally, to the tune of $67,500 between 2013 and 2015payments Buehler did not disclose in Oregon. Stryker currently has a $150,000 contract with the Oregon Department of Corrections and could be expected to have an interest in health care and other legislative policy on which Rep. Buehler could have a vote.

The Oregon Government Ethics Commission has not yet ruled on whether Buehler violated state ethics laws in failing to report these and other payments since 2013. Rep. Rayfield took action Wednesday to clarify any ambiguity in reporting requirements.

Whether payments are received by a lawmaker or by companies they have an interest in, they should be reported. If the law isnt 100% clear on that, the Legislature should make it clear so there is no excuse for hiding payments from any entity in any form, Atkins said. This legislation is necessary to better understand the financial ties and potential conflicts of interest of our public officials as well as the types of entities they are affiliated with.

In 2013, Stryker paid the Securities and Exchange Commission more than $13.2 million for violations of the Foreign Corrupt Practices Act. And in November of 2014, Stryker agreed to pay more than $1 billion to settle thousands of lawsuits by US patients who had surgeries to revise problematic Stryker hip replacements.

Buehler issued this statement Thursday about the allegations:

Rather than improving schools, fixing roads or balancing the budget, Democrats continue to peddle bogus, politically motivated claims that have no basis in fact and do nothing to improve the lives of Oregonians. It's sad."

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Democrat intros bill to fix so-called 'Buehler loophole' - KTVZ