BY:&nbsp;<a href="https://missouriindependent.com/author/shauneen-miranda/">SHAUNEEN MIRANDA</a> <a href="https://statesnewsroom.com/">States Newsroom</a>

As former President Donald Trump and Vice President Kamala Harris sprint to the November finish line, one sprawling policy area has largely fallen out of the spotlight — education.

Though the respective GOP and Democratic presidential candidates have spent comparatively more time campaigning on issues such as immigration, foreign policy and the economy, their ideas surrounding K-12 and higher education vastly differ.

Trump’s education platform vows to “save American education,” with a focus on parental rights, universal school choice and a fight for “patriotic education” in schools.

“By increasing access to school choice, empowering parents to have a voice in their child’s education, and supporting good teachers, President Trump will improve academic excellence for all students,” Karoline Leavitt, Trump campaign national press secretary, said in a statement to States Newsroom.

Trump “believes students should be taught reading, writing, and math in the classroom — not gender, sex and race like the Biden Administration is pushing on our public school system,” Leavitt added.

Meanwhile, the Harris campaign has largely focused on the education investments brought by the Biden-Harris administration and building on those efforts if she is elected.

“Over the past four years, the Administration has made unprecedented investments in education, including the single-largest investment in K-12 education in history, which Vice President Harris cast the tie-breaking vote to pass,” Mia Ehrenberg, a campaign spokesperson, told States Newsroom.

Ehrenberg said that while Harris and her running mate, Democratic Minnesota Gov. Tim Walz, “will build on those investments and continue fighting until every student has the support and the resources they need to thrive, Republicans led by Donald Trump and his extreme Project 2025 agenda want to cut billions from local K-12 schools and eliminate the Department of Education, undermining America’s students and schools.”

Harris has repeatedly knocked the Heritage Foundation’s&nbsp;<a href="https://static.project2025.org/2025_MandateForLeadership_FULL.pdf" target="_blank">Project 2025</a>&nbsp;— a sweeping conservative agenda that includes education policy proposals like eliminating Head Start, ending time-based and occupation-based student loan forgiveness and barring teachers from using a student’s preferred pronouns different from their “biological sex” without written permission from a parent or guardian.

Trump has fiercely disavowed Project 2025, although some former members of his administration crafted the blueprint.

Trump has&nbsp;<a href="https://www.youtube.com/watch?v=3Zxfnqj_3XQ" target="_blank">called for shutting down</a>&nbsp;the U.S. Department of Education and said he wants to “move education back to the states.” The department is not the main funding source for K-12 schools, as&nbsp;<a href="https://www.urban.org/policy-centers/cross-center-initiatives/state-and-local-finance-initiative/state-and-local-backgrounders/elementary-and-secondary-education-expenditures" target="_blank">state and local governments</a>&nbsp;allocate much of those dollars.

In contrast, Harris said at the&nbsp;<a href="https://www.newsfromthestates.com/article/lets-fight-it-harris-vows-chart-new-way-forward-defeat-trump" target="_blank">Democratic National Convention</a>&nbsp;in August that “we are not going to let him eliminate the Department of Education that funds our public schools.”

Living wage for school staff; parental bill of rights

Trump’s education plan calls for creating a “new credentialing body to certify teachers who embrace patriotic values, and understand that their job is not to indoctrinate children, but to educate them.”

He also wants to implement funding boosts for schools that “abolish teacher tenure” for grades K-12 and adopt “merit pay,” establish the direct election of school principals by parents and “drastically cut” the number of school administrators.

In contrast, the&nbsp;<a href="https://democrats.org/wp-content/uploads/2024/08/FINAL-MASTER-PLATFORM.pdf" target="_blank">Democratic Party’s 2024 platform</a>&nbsp;calls for recruiting “more new teachers, paraprofessionals and school related personnel, and education support professionals, with the option for some to even start training in high school.”

The platform also aims to help “school-support staff to advance in their own careers with a living wage” and improve working conditions for teachers.

Trump also wants to give funding boosts to schools that adopt a “Parental Bill of Rights that includes complete curriculum transparency, and a form of universal school choice.”

He’s threatening to cut federal funding for schools that teach the primarily collegiate academic subject known as “critical race theory,” gender ideology or “other inappropriate racial, sexual, or political content on our children.”

The Democrats’ platform opposes “the use of private-school vouchers, tuition tax credits, opportunity scholarships, and other schemes that divert taxpayer-funded resources away from public education,” adding that “public tax dollars should never be used to discriminate.”

Earlier this year, the Biden-Harris administration&nbsp;<a href="https://www.newsfromthestates.com/article/much-attacked-final-title-ix-rule-goes-effect-while-still-blocked-26-states" target="_blank">released a final rule for Title IX</a>&nbsp;extending federal protections for LGBTQ+ students.

The updated regulations took effect Aug. 1, but a slew of GOP-led states challenged the measure. The legal battles have created a policy patchwork and weakened the administration’s vision for the final rule.

The updated regulations&nbsp;<a href="https://www.newsfromthestates.com/article/biden-administration-roll-back-betsy-devos-title-ix-rules" target="_blank">roll back Title IX changes</a>&nbsp;made under the Trump administration and then-Education Secretary Betsy DeVos.

Trump vowed to&nbsp;<a href="https://www.youtube.com/watch?v=5qU5EDho3qs" target="_blank">terminate the updated regulations</a>&nbsp;on his first day back in office if reelected.

Harris has repeatedly touted the administration’s record on student loan forgiveness, including nearly&nbsp;<a href="https://www.ed.gov/about/news/press-release/biden-harris-administration-approves-additional-12-billion-student-debt" target="_blank">$170 billion</a>&nbsp;in student debt relief for almost 5 million borrowers.

The administration’s most recent student loan repayment initiative came to a grinding halt in August after the&nbsp;<a href="https://www.newsfromthestates.com/article/bidens-newest-student-loan-repayment-plan-temporarily-blocked-supreme-court" target="_blank">U.S. Supreme Court temporarily blocked</a>&nbsp;the Saving on a Valuable Education, or SAVE, plan.

Although little is mentioned about education in Harris’&nbsp;<a href="https://kamalaharris.com/wp-content/uploads/2024/09/Policy_Book_Economic-Opportunity.pdf" target="_blank">extensive economic plan</a>, the proposal makes clear that the veep will “continue working to end the unreasonable burden of student loan debt and fight to make higher education more affordable, so that college can be a ticket to the middle class.”

She also plans to cut four-year degree requirements for half a million federal jobs.

Trump — who dubbed the Biden-Harris administration’s&nbsp;<a href="https://rollcall.com/factbase/trump/transcript/donald-trump-speech-political-rally-racine-wisconsin-june-18-2024/" target="_blank">student loan forgiveness efforts</a>&nbsp;as “not even legal” — sought to repeal the Public Service Loan Forgiveness program during his administration.

His education platform also&nbsp;<a href="https://www.donaldjtrump.com/agenda47/agenda47-the-american-academy" target="_blank">calls for endowing</a>&nbsp;the “American Academy,” a free, online university.

Trump said he will endow the new institution through the “billions and billions of dollars that we will collect by taxing, fining, and suing excessively large private university endowments.”

BY:&nbsp;<a href="https://missouriindependent.com/author/shauneen-miranda/">SHAUNEEN MIRANDA</a> <a href="https://statesnewsroom.com/">States Newsroom</a>As former President Donald Trump and Vice President Kamala Harris sprint to the November finish line, one sprawling policy area has largely fallen out of the spotlight — education.Though the respective GOP and Democratic presidential candidates have spent comparatively more time campaigning on issues such as immigration, foreign policy and the economy, their ideas surrounding K-12 and higher education vastly differ.Trump’s education platform vows to “save American education,” with a focus on parental rights, universal school choice and a fight for “patriotic education” in schools.“By increasing access to school choice, empowering parents to have a voice in their child’s education, and supporting good teachers, President Trump will improve academic excellence for all students,” Karoline Leavitt, Trump campaign national press secretary, said in a statement to States Newsroom.Trump “believes students should be taught reading, writing, and math in the classroom — not gender, sex and race like the Biden Administration is pushing on our public school system,” Leavitt added.Meanwhile, the Harris campaign has largely focused on the education investments brought by the Biden-Harris administration and building on those efforts if she is elected.“Over the past four years, the Administration has made unprecedented investments in education, including the single-largest investment in K-12 education in history, which Vice President Harris cast the tie-breaking vote to pass,” Mia Ehrenberg, a campaign spokesperson, told States Newsroom.Ehrenberg said that while Harris and her running mate, Democratic Minnesota Gov. Tim Walz, “will build on those investments and continue fighting until every student has the support and the resources they need to thrive, Republicans led by Donald Trump and his extreme Project 2025 agenda want to cut billions from local K-12 schools and eliminate the Department of Education, undermining America’s students and schools.”Harris has repeatedly knocked the Heritage Foundation’s&nbsp;<a href="https://static.project2025.org/2025_MandateForLeadership_FULL.pdf" target="_blank">Project 2025</a>&nbsp;— a sweeping conservative agenda that includes education policy proposals like eliminating Head Start, ending time-based and occupation-based student loan forgiveness and barring teachers from using a student’s preferred pronouns different from their “biological sex” without written permission from a parent or guardian.Trump has fiercely disavowed Project 2025, although some former members of his administration crafted the blueprint.<h2>Closing the U.S. Department of Education</h2>Trump has&nbsp;<a href="https://www.youtube.com/watch?v=3Zxfnqj_3XQ" target="_blank">called for shutting down</a>&nbsp;the U.S. Department of Education and said he wants to “move education back to the states.” The department is not the main funding source for K-12 schools, as&nbsp;<a href="https://www.urban.org/policy-centers/cross-center-initiatives/state-and-local-finance-initiative/state-and-local-backgrounders/elementary-and-secondary-education-expenditures" target="_blank">state and local governments</a>&nbsp;allocate much of those dollars.In contrast, Harris said at the&nbsp;<a href="https://www.newsfromthestates.com/article/lets-fight-it-harris-vows-chart-new-way-forward-defeat-trump" target="_blank">Democratic National Convention</a>&nbsp;in August that “we are not going to let him eliminate the Department of Education that funds our public schools.”<h2>Living wage for school staff; parental bill of rights</h2>Trump’s education plan calls for creating a “new credentialing body to certify teachers who embrace patriotic values, and understand that their job is not to indoctrinate children, but to educate them.”He also wants to implement funding boosts for schools that “abolish teacher tenure” for grades K-12 and adopt “merit pay,” establish the direct election of school principals by parents and “drastically cut” the number of school administrators.In contrast, the&nbsp;<a href="https://democrats.org/wp-content/uploads/2024/08/FINAL-MASTER-PLATFORM.pdf" target="_blank">Democratic Party’s 2024 platform</a>&nbsp;calls for recruiting “more new teachers, paraprofessionals and school related personnel, and education support professionals, with the option for some to even start training in high school.”The platform also aims to help “school-support staff to advance in their own careers with a living wage” and improve working conditions for teachers.Trump also wants to give funding boosts to schools that adopt a “Parental Bill of Rights that includes complete curriculum transparency, and a form of universal school choice.”He’s threatening to cut federal funding for schools that teach the primarily collegiate academic subject known as “critical race theory,” gender ideology or “other inappropriate racial, sexual, or political content on our children.”The Democrats’ platform opposes “the use of private-school vouchers, tuition tax credits, opportunity scholarships, and other schemes that divert taxpayer-funded resources away from public education,” adding that “public tax dollars should never be used to discriminate.”<h2>Title IX&nbsp;</h2>Earlier this year, the Biden-Harris administration&nbsp;<a href="https://www.newsfromthestates.com/article/much-attacked-final-title-ix-rule-goes-effect-while-still-blocked-26-states" target="_blank">released a final rule for Title IX</a>&nbsp;extending federal protections for LGBTQ+ students.The updated regulations took effect Aug. 1, but a slew of GOP-led states challenged the measure. The legal battles have created a policy patchwork and weakened the administration’s vision for the final rule.The updated regulations&nbsp;<a href="https://www.newsfromthestates.com/article/biden-administration-roll-back-betsy-devos-title-ix-rules" target="_blank">roll back Title IX changes</a>&nbsp;made under the Trump administration and then-Education Secretary Betsy DeVos.Trump vowed to&nbsp;<a href="https://www.youtube.com/watch?v=5qU5EDho3qs" target="_blank">terminate the updated regulations</a>&nbsp;on his first day back in office if reelected.<h2>Student debt and higher education&nbsp;</h2>Harris has repeatedly touted the administration’s record on student loan forgiveness, including nearly&nbsp;<a href="https://www.ed.gov/about/news/press-release/biden-harris-administration-approves-additional-12-billion-student-debt" target="_blank">$170 billion</a>&nbsp;in student debt relief for almost 5 million borrowers.The administration’s most recent student loan repayment initiative came to a grinding halt in August after the&nbsp;<a href="https://www.newsfromthestates.com/article/bidens-newest-student-loan-repayment-plan-temporarily-blocked-supreme-court" target="_blank">U.S. Supreme Court temporarily blocked</a>&nbsp;the Saving on a Valuable Education, or SAVE, plan.Although little is mentioned about education in Harris’&nbsp;<a href="https://kamalaharris.com/wp-content/uploads/2024/09/Policy_Book_Economic-Opportunity.pdf" target="_blank">extensive economic plan</a>, the proposal makes clear that the veep will “continue working to end the unreasonable burden of student loan debt and fight to make higher education more affordable, so that college can be a ticket to the middle class.”She also plans to cut four-year degree requirements for half a million federal jobs.Trump — who dubbed the Biden-Harris administration’s&nbsp;<a href="https://rollcall.com/factbase/trump/transcript/donald-trump-speech-political-rally-racine-wisconsin-june-18-2024/" target="_blank">student loan forgiveness efforts</a>&nbsp;as “not even legal” — sought to repeal the Public Service Loan Forgiveness program during his administration.His education platform also&nbsp;<a href="https://www.donaldjtrump.com/agenda47/agenda47-the-american-academy" target="_blank">calls for endowing</a>&nbsp;the “American Academy,” a free, online university.Trump said he will endow the new institution through the “billions and billions of dollars that we will collect by taxing, fining, and suing excessively large private university endowments.”

Education: Where do Harris and Trump stand?

Zach Wendling <a href="https://nebraskaexaminer.com/2024/10/09/midwest-secretaries-of-state-host-election-security-and-integrity-summit-in-nebraska/">Nebraska Examiner</a>

OMAHA —&nbsp;Four secretaries of state and a federal agency director in cybersecurity described their work Wednesday as a line of defense in upholding election integrity and security ahead of the Nov. 5 election.

Nebraska Secretary of State Bob Evnen, in explaining the reason for Wednesday’s summit, asked simply, “Why not?” He said the Midwest states of Nebraska, Iowa, Kansas, Missouri and South Dakota have demonstrated that elections can be safe, smooth and secure.

“Election security is not static. Election security is not a one-and-done deal. Election security is dynamic,” Evnen said at the news conference. “If you’re going to continue to address these dynamic challenges to elections, then you do so in a dynamic fashion.”

The ‘imperative’ of election confidence

The&nbsp;<a href="https://www.unomaha.edu/ncite/index.php" target="_blank">National Counterterrorism Innovation, Technology and Education Center</a>, or NCITE, headquartered at the University of Nebraska at Omaha, hosted the event.

Evnen’s three counterparts from Iowa (Paul Pate), Missouri (Jay Ashcroft) and South Dakota (Monae Johnson) joined the event, which Evnen said he expects to be repeated in future years. Kansas Secretary of State Scott Schwab participated in other summit events, including briefings on NCITE research, but was unable to attend the news conference, officials said.

Pate, who is in his fourth term as Iowa’s secretary of state, said he has seen elections evolve and become “more aggressive” in the past two decades, particularly through technology.

Yet election confidence remains essential, Pate said, and secretaries of state are doing everything they can to uphold integrity and security.

“It’s imperative that Americans, and Iowans, have confidence in those election results because the day after the election, if they don’t believe that that’s their governor or their senator or their president, our Republic has fallen without a single bullet being fired,” Pate said. “That’s not acceptable, so we’re going to continue to be vigilant and do what we can on our front.”

Director Jen Easterly of the&nbsp;<a href="https://www.cisa.gov/news-events/alerts/2018/11/19/cybersecurity-and-infrastructure-security-agency" target="_blank">U.S. Cybersecurity and Infrastructure Security Agency</a>, said CISA stands “shoulder to shoulder” with election officials nationwide. She said she has “tremendous confidence” in U.S. elections.

Easterly said CISA was&nbsp;<a href="https://www.cisa.gov/news-events/alerts/2018/11/19/cybersecurity-and-infrastructure-security-agency" target="_blank">established in 2018</a>&nbsp;from a previous U.S. Department of Homeland Security agency in part due to foreign attempts to influence the 2016 presidential election and after election infrastructure was designated as “critical” infrastructure.

The agency helps state and local election officials to prepare for any threats, including ransomware,&nbsp;<a href="https://nebraskaexaminer.com/briefs/nonhazardous-material-found-in-envelope-sent-to-ne-secretary-of-states-office-caution-urged/" target="_blank">physical threats</a>&nbsp;and threats from foreign adversaries (such as Russia, Iran and China). Some of the support the agency provides, Easterly said, are security assessments, hypothetical scenario training and training for de-escalation and anti-active shooter incidents.

“At the end of the day, we know that elections will be safe. They will be secure. They will be free. They will be fair. But there will be things that go wrong,” Easterly said. “The good news is these disruptions, while problematic, will not affect how votes are counted and how votes are cast.”

Evnen said some of the ways that Nebraska has partnered with CISA in the past two years have included weekly scans of all 93 Nebraska county election websites for vulnerabilities, giving local officials “.gov” emails and website addresses and setting up internal protocols for day-to-day security.

“These are important steps we’re taking across Nebraska to ensure that our cyberinfrastructure is protected,” Evnen said.

Pate said those steps are national standards as officials “plan for the worst and hope for the best.”

All five secretaries of state who partnered with NCITE this week are elected Republicans, and Ashcroft said the officials don’t serve just Republicans or Democrats or&nbsp; Libertarians or any other third parties in their respective states.

He said if officials do their job well, they are the basketball ref or linesman of a football game who “no one notices.”

The secretaries of state and Easterly invited more people to get involved in the election process, such as serving as poll workers or watchers, and for anyone who has questions to ask.

“We run elections for the people of the states,” Ashcroft explained. “We run elections for our government because it is how ‘we the people’ decide that our Republic will move forward.”

Ashcroft added that no matter who wins or loses, or which issues pass or fail, “at the end of the day, the American people can drink their beverage of choice and either celebrate or commiserate, but know that they were a part of the decision, that their votes counted and that the votes made a difference.”

The election officials noted that it is typical for “official” results not to be finalized for up to a week after Election Day, but they said that’s due in part due to the need to process provisional ballots, as well as conducting the “checks and balances” needed to ensure accurate results, particularly in close races, or possibly hand-count some ballots.

But for the most part, the secretaries of state said of their jurisdictions, most election results are typically available within a few hours of polls closing on Election Day.

“I believe in getting quick results out, my colleagues do, but we all believe in getting it right, and we believe in making sure that every American, no matter where Uncle Sam has sent them, has the right to participate in our elections,” Ashcroft said, indicating overseas voters.

Johnson, from South Dakota, said the “greatest unease” about the general election is the period between when polls close and when results are finalized. She said officials are workshopping scenarios with public safety teams to ensure that post-election events proceed smoothly and on time.

“Protecting the voting process and its facilitators is a collaborative process, and we have full faith in our state’s ability to overcome any disruptions,” Johnson said.

Gina Ligon, director of NCITE at the University of Nebraska at Omaha, said the center, which includes 38 partner universities, is working on four projects, such as tracking threats to election workers through federal charges and possible threats from emerging technologies.

Ligon said the federal charges are the “tip of the iceberg” as federal charges are a “really high bar,” while other NCITE research includes threats or violence specifically against election officials in swing states, including Pennsylvania, Arizona and Georgia.

Those states have seen the largest spikes in data in recent years, Ligon said.

That project is extending to Nebraska, partially with the competitiveness of Nebraska’s 2nd Congressional District for president. There are currently no federal charges, according to Ligon.

Other research, out of the University of Arkansas, includes interviews of election workers who have faced threats of violence. Initial research has indicated women don’t always report when they are victims of violence, Ligon said, and that people don’t understand when they cross First Amendment protections from anger to prohibited threats.

“As much as people say this is nothing new&nbsp;— ‘we’ve experienced this for a long time’ — our data just doesn’t support that,” Ligon said.

As of this time, Easterly said, there have been no specific election threats from terrorists, though she noted federal authorities thwarted the apparent plans of an&nbsp;<a href="https://oklahomavoice.com/briefs/oklahoma-city-man-faces-charges-related-to-planned-election-day-terrorist-attack-authorities-say/" target="_blank">Oklahoma City man</a>&nbsp;on Tuesday and charged him with allegedly plotting a terrorist attack on Election Day in support of ISIS.

“If there are other things that we are seeing from the terrorist landscape, we will ensure that election officials are apprised of that immediately,” Easterly said.

Easterly said the period between Election Day on Nov. 5 and the presidential inauguration on Jan. 20 will be critical. She said foreign adversaries will try to create a “wedge” and attempt to “shred our institutions” or sow discord as each milestone of certification and validation passes.

“That’s why it’s up to all of us as Americans — as the secretary (Ashcroft) said, ‘We the people’ — these elections are for us,” Easterly said. “It’s up to all of us to do our part in protecting and preserving our democracy.”

Nebraska Examiner, a States Newsroom affiliate,&nbsp;<a href="https://nebraskaexaminer.com/2024/10/09/midwest-secretaries-of-state-host-election-security-and-integrity-summit-in-nebraska/" target="_blank">produced this story</a>.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1729007505031.png" alt=" Nebraska Secretary of State Bob Evnen, at podium, leads a news conference Oct. 9, 2024, in Omaha on election security and integrity. Behind him, from left, are Iowa Secretary of State Paul Pate, Missouri Secretary of State Jay Ashcroft, South Dakota Secretary of State Monae Johnson, Director Jen Easterly of the U.S. Cybersecurity and Infrastructure Security Agency and Director Gina Ligon of the National Counterterrorism Innovation, Technology and Education Center at the University of Nebraska at Omaha. (Zach Wendling/Nebraska Examiner)" />
 <figcaption> Nebraska Secretary of State Bob Evnen, at podium, leads a news conference Oct. 9, 2024, in Omaha on election security and integrity. Behind him, from left, are Iowa Secretary of State Paul Pate, Missouri Secretary of State Jay Ashcroft, South Dakota Secretary of State Monae Johnson, Director Jen Easterly of the U.S. Cybersecurity and Infrastructure Security Agency and Director Gina Ligon of the National Counterterrorism Innovation, Technology and Education Center at the University of Nebraska at Omaha. (Zach Wendling/Nebraska Examiner)</figcaption>
 </figure>Zach Wendling <a href="https://nebraskaexaminer.com/2024/10/09/midwest-secretaries-of-state-host-election-security-and-integrity-summit-in-nebraska/">Nebraska Examiner</a>OMAHA —&nbsp;Four secretaries of state and a federal agency director in cybersecurity described their work Wednesday as a line of defense in upholding election integrity and security ahead of the Nov. 5 election.Nebraska Secretary of State Bob Evnen, in explaining the reason for Wednesday’s summit, asked simply, “Why not?” He said the Midwest states of Nebraska, Iowa, Kansas, Missouri and South Dakota have demonstrated that elections can be safe, smooth and secure.“Election security is not static. Election security is not a one-and-done deal. Election security is dynamic,” Evnen said at the news conference. “If you’re going to continue to address these dynamic challenges to elections, then you do so in a dynamic fashion.”<h2>The ‘imperative’ of election confidence</h2>The&nbsp;<a href="https://www.unomaha.edu/ncite/index.php" target="_blank">National Counterterrorism Innovation, Technology and Education Center</a>, or NCITE, headquartered at the University of Nebraska at Omaha, hosted the event.Evnen’s three counterparts from Iowa (Paul Pate), Missouri (Jay Ashcroft) and South Dakota (Monae Johnson) joined the event, which Evnen said he expects to be repeated in future years. Kansas Secretary of State Scott Schwab participated in other summit events, including briefings on NCITE research, but was unable to attend the news conference, officials said.Pate, who is in his fourth term as Iowa’s secretary of state, said he has seen elections evolve and become “more aggressive” in the past two decades, particularly through technology.Yet election confidence remains essential, Pate said, and secretaries of state are doing everything they can to uphold integrity and security.“It’s imperative that Americans, and Iowans, have confidence in those election results because the day after the election, if they don’t believe that that’s their governor or their senator or their president, our Republic has fallen without a single bullet being fired,” Pate said. “That’s not acceptable, so we’re going to continue to be vigilant and do what we can on our front.”Director Jen Easterly of the&nbsp;<a href="https://www.cisa.gov/news-events/alerts/2018/11/19/cybersecurity-and-infrastructure-security-agency" target="_blank">U.S. Cybersecurity and Infrastructure Security Agency</a>, said CISA stands “shoulder to shoulder” with election officials nationwide. She said she has “tremendous confidence” in U.S. elections.Easterly said CISA was&nbsp;<a href="https://www.cisa.gov/news-events/alerts/2018/11/19/cybersecurity-and-infrastructure-security-agency" target="_blank">established in 2018</a>&nbsp;from a previous U.S. Department of Homeland Security agency in part due to foreign attempts to influence the 2016 presidential election and after election infrastructure was designated as “critical” infrastructure.<h2>Security protocols and training</h2>The agency helps state and local election officials to prepare for any threats, including ransomware,&nbsp;<a href="https://nebraskaexaminer.com/briefs/nonhazardous-material-found-in-envelope-sent-to-ne-secretary-of-states-office-caution-urged/" target="_blank">physical threats</a>&nbsp;and threats from foreign adversaries (such as Russia, Iran and China). Some of the support the agency provides, Easterly said, are security assessments, hypothetical scenario training and training for de-escalation and anti-active shooter incidents.“At the end of the day, we know that elections will be safe. They will be secure. They will be free. They will be fair. But there will be things that go wrong,” Easterly said. “The good news is these disruptions, while problematic, will not affect how votes are counted and how votes are cast.”Evnen said some of the ways that Nebraska has partnered with CISA in the past two years have included weekly scans of all 93 Nebraska county election websites for vulnerabilities, giving local officials “.gov” emails and website addresses and setting up internal protocols for day-to-day security.“These are important steps we’re taking across Nebraska to ensure that our cyberinfrastructure is protected,” Evnen said.Pate said those steps are national standards as officials “plan for the worst and hope for the best.”<h2>Elections for ‘we the people’</h2>All five secretaries of state who partnered with NCITE this week are elected Republicans, and Ashcroft said the officials don’t serve just Republicans or Democrats or&nbsp; Libertarians or any other third parties in their respective states.He said if officials do their job well, they are the basketball ref or linesman of a football game who “no one notices.”The secretaries of state and Easterly invited more people to get involved in the election process, such as serving as poll workers or watchers, and for anyone who has questions to ask.“We run elections for the people of the states,” Ashcroft explained. “We run elections for our government because it is how ‘we the people’ decide that our Republic will move forward.”Ashcroft added that no matter who wins or loses, or which issues pass or fail, “at the end of the day, the American people can drink their beverage of choice and either celebrate or commiserate, but know that they were a part of the decision, that their votes counted and that the votes made a difference.”The election officials noted that it is typical for “official” results not to be finalized for up to a week after Election Day, but they said that’s due in part due to the need to process provisional ballots, as well as conducting the “checks and balances” needed to ensure accurate results, particularly in close races, or possibly hand-count some ballots.But for the most part, the secretaries of state said of their jurisdictions, most election results are typically available within a few hours of polls closing on Election Day.“I believe in getting quick results out, my colleagues do, but we all believe in getting it right, and we believe in making sure that every American, no matter where Uncle Sam has sent them, has the right to participate in our elections,” Ashcroft said, indicating overseas voters.Johnson, from South Dakota, said the “greatest unease” about the general election is the period between when polls close and when results are finalized. She said officials are workshopping scenarios with public safety teams to ensure that post-election events proceed smoothly and on time.“Protecting the voting process and its facilitators is a collaborative process, and we have full faith in our state’s ability to overcome any disruptions,” Johnson said.<h2>NCITE research</h2>Gina Ligon, director of NCITE at the University of Nebraska at Omaha, said the center, which includes 38 partner universities, is working on four projects, such as tracking threats to election workers through federal charges and possible threats from emerging technologies.Ligon said the federal charges are the “tip of the iceberg” as federal charges are a “really high bar,” while other NCITE research includes threats or violence specifically against election officials in swing states, including Pennsylvania, Arizona and Georgia.Those states have seen the largest spikes in data in recent years, Ligon said.That project is extending to Nebraska, partially with the competitiveness of Nebraska’s 2nd Congressional District for president. There are currently no federal charges, according to Ligon.Other research, out of the University of Arkansas, includes interviews of election workers who have faced threats of violence. Initial research has indicated women don’t always report when they are victims of violence, Ligon said, and that people don’t understand when they cross First Amendment protections from anger to prohibited threats.“As much as people say this is nothing new&nbsp;— ‘we’ve experienced this for a long time’ — our data just doesn’t support that,” Ligon said.<h2>‘It’s up to all of us’</h2>As of this time, Easterly said, there have been no specific election threats from terrorists, though she noted federal authorities thwarted the apparent plans of an&nbsp;<a href="https://oklahomavoice.com/briefs/oklahoma-city-man-faces-charges-related-to-planned-election-day-terrorist-attack-authorities-say/" target="_blank">Oklahoma City man</a>&nbsp;on Tuesday and charged him with allegedly plotting a terrorist attack on Election Day in support of ISIS.“If there are other things that we are seeing from the terrorist landscape, we will ensure that election officials are apprised of that immediately,” Easterly said.Easterly said the period between Election Day on Nov. 5 and the presidential inauguration on Jan. 20 will be critical. She said foreign adversaries will try to create a “wedge” and attempt to “shred our institutions” or sow discord as each milestone of certification and validation passes.“That’s why it’s up to all of us as Americans — as the secretary (Ashcroft) said, ‘We the people’ — these elections are for us,” Easterly said. “It’s up to all of us to do our part in protecting and preserving our democracy.”Nebraska Examiner, a States Newsroom affiliate,&nbsp;<a href="https://nebraskaexaminer.com/2024/10/09/midwest-secretaries-of-state-host-election-security-and-integrity-summit-in-nebraska/" target="_blank">produced this story</a>.

Midwest secretaries of state host election security and integrity summit

JOHNSON COUNTY —Members of Kansas Task Force 2 are on their way home from hurricane response duty.

While in Florida, the task force teams&nbsp; performed search and rescue efforts with one squad utilizing a boat and another squad using ATV’s, according to a social media report from the Kansas Fire Marshal's office.

Historic flooding remains a concern in the area where Task Force 2 was assigned for their search and rescue efforts. Being unfamiliar with the area, flood concerns are taken seriously so search and rescue operations are not jeopardized.

The Task Force was able to provide some true Kansas hospitality as they helped cook camp breakfast for members of various task forces. This type of teamwork is a great way to build rapport not only for KS-TF2, but also with other task force teams in the same area.

In the field during disaster response, work areas are not the normal office setting many back home enjoy while in the office. For Randy Hill, former Kansas State Fire Marshal Search and Rescue (SAR) Coordinator and current contractor with the Kansas State Fire Marshal, that means setting up an office in the back of one of the Kansas State Fire Marshal trailers. 

Task Force members adapt and work with what they have so assignments can be completed in safe and timely manners. Kansas Task Force 2 members also assisted Florida-Task Force 7 with getting their new boat built and ready for service so they can continue their search and rescue efforts. 

"Kansas Task Force 2 members have stepped up to the call and delivered professional, meaningful, and much needed assistance to Florida. One of the reasons that is possible is training they receive and their compassion about Search and Rescue response."&nbsp;

&nbsp;On Sunday, Kansas Task Force 2 was notified&nbsp; that they were going to be demobilized and released from their deployment. They began the two-day drive home back to Kansas on Monday.&nbsp; Last week, the Olathe Fire Department welcomed home a portion of Kansas Task Force 1 from their hurricane response duty.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1728954907312.png" alt="Photos Office of Kansaas Fire Marshal" />
 <figcaption>Photos Office of Kansaas Fire Marshal</figcaption>
 </figure>JOHNSON COUNTY —Members of Kansas Task Force 2 are on their way home from hurricane response duty.While in Florida, the task force teams&nbsp; performed search and rescue efforts with one squad utilizing a boat and another squad using ATV’s, according to a social media report from the Kansas Fire Marshal's office.Historic flooding remains a concern in the area where Task Force 2 was assigned for their search and rescue efforts. Being unfamiliar with the area, flood concerns are taken seriously so search and rescue operations are not jeopardized.<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1728954961719.png" alt="" />
 <figcaption></figcaption>
 </figure>The Task Force was able to provide some true Kansas hospitality as they helped cook camp breakfast for members of various task forces. This type of teamwork is a great way to build rapport not only for KS-TF2, but also with other task force teams in the same area.In the field during disaster response, work areas are not the normal office setting many back home enjoy while in the office. For Randy Hill, former Kansas State Fire Marshal Search and Rescue (SAR) Coordinator and current contractor with the Kansas State Fire Marshal, that means setting up an office in the back of one of the Kansas State Fire Marshal trailers. Task Force members adapt and work with what they have so assignments can be completed in safe and timely manners. Kansas Task Force 2 members also assisted Florida-Task Force 7 with getting their new boat built and ready for service so they can continue their search and rescue efforts. "Kansas Task Force 2 members have stepped up to the call and delivered professional, meaningful, and much needed assistance to Florida. One of the reasons that is possible is training they receive and their compassion about Search and Rescue response."&nbsp;&nbsp;On Sunday, Kansas Task Force 2 was notified&nbsp; that they were going to be demobilized and released from their deployment. They began the two-day drive home back to Kansas on Monday.&nbsp; Last week, the Olathe Fire Department welcomed home a portion of Kansas Task Force 1 from their hurricane response duty.

Kansas Task Force 2 on the way home from hurricane Milton response

Lawyer questions company’s claim of a bird flu outbreak

BY:&nbsp;<a href="https://kansasreflector.com/author/clarkkauffman/">CLARK KAUFFMAN</a>&nbsp;

A group of Midwest egg suppliers are embroiled in litigation over egg prices, with an Iowa company arguing it shouldn’t be forced to disclose its pricing information.

A central element of the case is whether a fabricated claim of a bird flu outbreak is to blame for one supplier raising its egg prices and canceling orders.

Grand Prairie Foods of South Dakota, which supplies hotels and convenience stores with breakfast sandwiches, is suing Echo Lake Foods, a Wisconsin company that manufactures precooked egg entrees, for breach of contract and unjust enrichment.

At the same time, a third company, Oskaloosa Food Products in Iowa, is attempting to quash a subpoena for company records related to its pricing.

Court records indicate Grand Prairie has purchased egg patties and other products from Echo Lake since at least 2005. In early 2022, Echo Lake’s supplier of raw eggs experienced an outbreak of avian influenza, commonly known as the bird flu, resulting in the destruction of more than 6 million laying hens.

Echo Lake then notified its customers, including Grand Prairie, that existing purchase orders for egg patties and other egg products would have to be revised to reflect increased pricing.

According to Grand Prairie’s lawsuit, Echo Lake Foods then doubled the price of its egg patties, and while the nationwide market price of eggs eventually decreased, Echo Lake allegedly refused to reduce the price of its egg patties.

Court exhibits show that on July 12, 2022, Grand Prairie’s president, Kurt Loudenback, e-mailed Echo Lake’s director of national sales, Justin Milbradt, writing, “Justin – I don’t understand why we continue to see these high prices,” noting that Grand Prairie could purchase eggs from other suppliers at a significantly lower price. “I’m sure you buy WAY more eggs than we do,” Loudenback added.

The next day, Loudenback emailed Echo Lake again, proposing that his company sell tankers of whole eggs to Echo Lake for $1.28 per pound — significantly less than the $3.60 per pound Echo Lake was charging Grand Prairie for its finished egg products.

“Just trying to get your eggs at (a) lower price to lower my cost,” Loudenback explained in his email. “$3.60 seems pretty high for a $1.28 input cost.”

The two companies eventually agreed on an arrangement whereby Grand Prairie would sell two truckloads of raw eggs each week to Echo Lake. Court records show Echo Lake agreed to pay a “premium price,” $1.70 per pound, for the raw eggs from Grand Prairie. In return, the records show, Echo Lake would sell the finished, processed eggs back to Grand Prairie for $3.60 per pound — the same price Grand Prairie had previously objected to as being out of line with market prices.

Within a few months, however, Grand Prairie told Echo Lake that an avian flu outbreak had affected its egg supplier, Oskaloosa Food Products, and so Grand Prairie would have to raise its prices. A few weeks later, Grand Prairie said it was unable to find a new supplier and wouldn’t be able to fulfill Echo Lake’s orders.

Echo Lake then began acquiring eggs elsewhere — but at a higher price. In court documents, Echo Lake says Grand Prairie’s failure to deliver eggs at the promised price cost Echo Lake more than $1.1 million.

Court exhibits show that in an effort to offset the added expense, Echo Lake withheld payments to Grand Prairie totaling $567,460. Grand Prairie then sued Echo Lake to recover the $567,460 it was owed, alleging breach of contract and unjust enrichment.

Echo Lake countersued, claiming Grand Prairie had breached the contract.

Recently filed court records show that attorneys for Echo Lake are questioning Grand Prairie’s stated rationale for its price hike and the eventual cancellation of orders — an avian flu outbreak that affected the Oskaloosa plant.

In July, an Echo Lake attorney wrote to a lawyer for Oskaloosa Food Products, stating that while “Grand Prairie claims it had no choice other than to cancel the remaining purchase orders because of an outbreak of avian influenza among its suppliers, including Oskaloosa,” an independent investigation had concluded Oskaloosa reported no such outbreak at that time, despite legal requirements for such reporting.

In addition, the lawyer wrote, the chief operating officer of the Oskaloosa plant had confirmed for Echo Lake that “Oskaloosa did not experience the Al outbreak described by Grand Prairie.”

In late May, Echo Lake subpoenaed Oskaloosa Food Products to obtain access to the contract between Grand Prairie and the Oskaloosa company.

Oskaloosa has since filed a motion to quash that subpoena, arguing the agreement includes trade secrets. Echo Lake has responded in court by arguing that the price of eggs is not a trade secret.

That issue is now before a judge in the U.S. District Court for Southern Iowa, while the underlying lawsuit between Grand Prairie and Echo Lake continues to move forward in South Dakota federal court.

Iowa Capital Dispatch, a States Newsroom affiliate,&nbsp;<a href="https://iowacapitaldispatch.com/2024/10/11/egg-suppliers-battle-over-pricing-claims-of-bird-flu-outbreak/" target="_blank">produced this story</a>.

<h2>Lawyer questions company’s claim of a bird flu outbreak</h2>BY:&nbsp;<a href="https://kansasreflector.com/author/clarkkauffman/">CLARK KAUFFMAN</a>&nbsp;A group of Midwest egg suppliers are embroiled in litigation over egg prices, with an Iowa company arguing it shouldn’t be forced to disclose its pricing information.A central element of the case is whether a fabricated claim of a bird flu outbreak is to blame for one supplier raising its egg prices and canceling orders.Grand Prairie Foods of South Dakota, which supplies hotels and convenience stores with breakfast sandwiches, is suing Echo Lake Foods, a Wisconsin company that manufactures precooked egg entrees, for breach of contract and unjust enrichment.At the same time, a third company, Oskaloosa Food Products in Iowa, is attempting to quash a subpoena for company records related to its pricing.Court records indicate Grand Prairie has purchased egg patties and other products from Echo Lake since at least 2005. In early 2022, Echo Lake’s supplier of raw eggs experienced an outbreak of avian influenza, commonly known as the bird flu, resulting in the destruction of more than 6 million laying hens.Echo Lake then notified its customers, including Grand Prairie, that existing purchase orders for egg patties and other egg products would have to be revised to reflect increased pricing.According to Grand Prairie’s lawsuit, Echo Lake Foods then doubled the price of its egg patties, and while the nationwide market price of eggs eventually decreased, Echo Lake allegedly refused to reduce the price of its egg patties.Court exhibits show that on July 12, 2022, Grand Prairie’s president, Kurt Loudenback, e-mailed Echo Lake’s director of national sales, Justin Milbradt, writing, “Justin – I don’t understand why we continue to see these high prices,” noting that Grand Prairie could purchase eggs from other suppliers at a significantly lower price. “I’m sure you buy WAY more eggs than we do,” Loudenback added.The next day, Loudenback emailed Echo Lake again, proposing that his company sell tankers of whole eggs to Echo Lake for $1.28 per pound — significantly less than the $3.60 per pound Echo Lake was charging Grand Prairie for its finished egg products.“Just trying to get your eggs at (a) lower price to lower my cost,” Loudenback explained in his email. “$3.60 seems pretty high for a $1.28 input cost.”The two companies eventually agreed on an arrangement whereby Grand Prairie would sell two truckloads of raw eggs each week to Echo Lake. Court records show Echo Lake agreed to pay a “premium price,” $1.70 per pound, for the raw eggs from Grand Prairie. In return, the records show, Echo Lake would sell the finished, processed eggs back to Grand Prairie for $3.60 per pound — the same price Grand Prairie had previously objected to as being out of line with market prices.Within a few months, however, Grand Prairie told Echo Lake that an avian flu outbreak had affected its egg supplier, Oskaloosa Food Products, and so Grand Prairie would have to raise its prices. A few weeks later, Grand Prairie said it was unable to find a new supplier and wouldn’t be able to fulfill Echo Lake’s orders.Echo Lake then began acquiring eggs elsewhere — but at a higher price. In court documents, Echo Lake says Grand Prairie’s failure to deliver eggs at the promised price cost Echo Lake more than $1.1 million.Court exhibits show that in an effort to offset the added expense, Echo Lake withheld payments to Grand Prairie totaling $567,460. Grand Prairie then sued Echo Lake to recover the $567,460 it was owed, alleging breach of contract and unjust enrichment.Echo Lake countersued, claiming Grand Prairie had breached the contract.<h2>Was company’s bird-flu claim false?</h2>Recently filed court records show that attorneys for Echo Lake are questioning Grand Prairie’s stated rationale for its price hike and the eventual cancellation of orders — an avian flu outbreak that affected the Oskaloosa plant.In July, an Echo Lake attorney wrote to a lawyer for Oskaloosa Food Products, stating that while “Grand Prairie claims it had no choice other than to cancel the remaining purchase orders because of an outbreak of avian influenza among its suppliers, including Oskaloosa,” an independent investigation had concluded Oskaloosa reported no such outbreak at that time, despite legal requirements for such reporting.In addition, the lawyer wrote, the chief operating officer of the Oskaloosa plant had confirmed for Echo Lake that “Oskaloosa did not experience the Al outbreak described by Grand Prairie.”In late May, Echo Lake subpoenaed Oskaloosa Food Products to obtain access to the contract between Grand Prairie and the Oskaloosa company.Oskaloosa has since filed a motion to quash that subpoena, arguing the agreement includes trade secrets. Echo Lake has responded in court by arguing that the price of eggs is not a trade secret.That issue is now before a judge in the U.S. District Court for Southern Iowa, while the underlying lawsuit between Grand Prairie and Echo Lake continues to move forward in South Dakota federal court.Iowa Capital Dispatch, a States Newsroom affiliate,&nbsp;<a href="https://iowacapitaldispatch.com/2024/10/11/egg-suppliers-battle-over-pricing-claims-of-bird-flu-outbreak/" target="_blank">produced this story</a>.

 Egg suppliers battle over pricing, claims of bird flu outbreak

KANSAS CITY– A physical therapist who owns a clinic in California was sentenced in federal court this week for distributing child pornography, according to the United State's Attorney.

Esteban E. Manale, 47, of Hacienda Heights, Calif., was sentenced by U.S. Chief District Judge Beth Phillips to 12 years in federal prison without parole.

Manale, the owner of a physical therapy clinic in Bellflower, Calif., pleaded guilty on May 3, 2024, to three counts of distributing child pornography. Manale admitted that on three separate occasions in August 2022 he sent images of child pornography to an undercover FBI task force officer whom he believed to be a Missouri woman he met online through a dating application.

Manale originally contacted a woman in Missouri on a dating application in August 2022. He told her that he worked at a physical therapy clinic primarily dealing with athletes, including minor females who were cheerleaders and volleyball players. He stated that he would get touchy with the athletes and liked to flirt with all of the girls who came to the clinic, and disclosed that he has had sex with patients at the clinic. He indicated that he liked children and had slept with a 13-year-old girl he met at the beach. He talked about his fascination with Ted Bundy, said he wanted to “use a rope to choke a young one,” use “knife play,” and “rape a young virgin girl while her mom watches me” while the mother is tied up.

The Missouri woman contacted law enforcement. An undercover officer assumed her identity and continued to communicate with Manale. In those conversations, Manale told the undercover officer that he had sexual contact with “preteens about 10 times,” defining them as being between 10 and 13 years old, and claimed to also have sexual contact “with older teens and about 20 plus.” In one communication, Manale claimed that he visited malls to “hunt” for young, cute girls over the weekend.

Manale discussed his desire to come to Kansas City to meet the undercover officer’s purported 8-year-old niece and have her record the encounter. He sent images of child pornography to the undercover officer via social media from Aug. 22, 2022, through Nov. 9, 2022.

On Dec. 14, 2022, law enforcement officers executed a search warrant at Manale’s residence and seized three cell phones. Two of the phones were hidden on top of the bathroom vanity, in a small space that was difficult to access. Investigators found 507 images and 154 videos of child pornography on those two cell phones.

This case was prosecuted by Assistant U.S. Attorney Maureen A. Brackett. It was investigated by the FBI, the Kansas City, Mo., Police Department, and the Los Angeles, Calif., Sheriff’s Department.

KANSAS CITY– A physical therapist who owns a clinic in California was sentenced in federal court this week for distributing child pornography, according to the United State's Attorney.Esteban E. Manale, 47, of Hacienda Heights, Calif., was sentenced by U.S. Chief District Judge Beth Phillips to 12 years in federal prison without parole.Manale, the owner of a physical therapy clinic in Bellflower, Calif., pleaded guilty on May 3, 2024, to three counts of distributing child pornography. Manale admitted that on three separate occasions in August 2022 he sent images of child pornography to an undercover FBI task force officer whom he believed to be a Missouri woman he met online through a dating application.Manale originally contacted a woman in Missouri on a dating application in August 2022. He told her that he worked at a physical therapy clinic primarily dealing with athletes, including minor females who were cheerleaders and volleyball players. He stated that he would get touchy with the athletes and liked to flirt with all of the girls who came to the clinic, and disclosed that he has had sex with patients at the clinic. He indicated that he liked children and had slept with a 13-year-old girl he met at the beach. He talked about his fascination with Ted Bundy, said he wanted to “use a rope to choke a young one,” use “knife play,” and “rape a young virgin girl while her mom watches me” while the mother is tied up.The Missouri woman contacted law enforcement. An undercover officer assumed her identity and continued to communicate with Manale. In those conversations, Manale told the undercover officer that he had sexual contact with “preteens about 10 times,” defining them as being between 10 and 13 years old, and claimed to also have sexual contact “with older teens and about 20 plus.” In one communication, Manale claimed that he visited malls to “hunt” for young, cute girls over the weekend.Manale discussed his desire to come to Kansas City to meet the undercover officer’s purported 8-year-old niece and have her record the encounter. He sent images of child pornography to the undercover officer via social media from Aug. 22, 2022, through Nov. 9, 2022.On Dec. 14, 2022, law enforcement officers executed a search warrant at Manale’s residence and seized three cell phones. Two of the phones were hidden on top of the bathroom vanity, in a small space that was difficult to access. Investigators found 507 images and 154 videos of child pornography on those two cell phones.This case was prosecuted by Assistant U.S. Attorney Maureen A. Brackett. It was investigated by the FBI, the Kansas City, Mo., Police Department, and the Los Angeles, Calif., Sheriff’s Department.

Physical therapist sent child porn to KCPD undercover officer

BY:&nbsp;<a href="https://kansasreflector.com/author/akaminski/">ANNA KAMINSKI</a>&nbsp; <a href="https://kansasreflector.com/">Kansas Reflector</a>

TOPEKA — A Shawnee County judge rejected a lawsuit from Aetna Better Health of Kansas, which sued the state earlier this year after it was passed over as one of Kansas’ three Medicaid insurance providers.

In a 50-page decision, Shawnee County District Judge Thomas Luedke upheld the decision by Todd Herman, director of procurement and contracts in the Department of Administration, not to renew the contract for Medicaid services that Aetna has provided for the past five years.

The state announced in May that it selected three private companies, excluding Aetna, from seven bidders to provide coverage under KanCare, as Medicaid is known in Kansas, beginning in January. In the state’s evaluation process, Aetna had tied for third with Healthy Blue. State officials destroyed documentation of scoring notes that were used by evaluators to inform their selection of Healthy Blue, a Blue Cross Blue Shield affiliate, over Aetna.

In response, Aetna filed two lawsuits in Shawnee County District Court. One, filed in July and decided Oct. 1, challenged the decision itself. Another, filed in June, was an effort to challenge the state’s destruction of documents and awaits a ruling. The judge’s Oct. 1 decision came a day before the deadline for Aetna to notify its beneficiaries that it will no longer be a provider under KanCare.

Luedke wrote that the scoring process that evaluated each provider bidding for a multimillion dollar KanCare contract is “highly technical.”

“The Court is reluctant, and for the most part unable, to substitute its untutored judgment for that of the scoring officials,” Luedke wrote in his decision. “Nothing in Director Herman’s consideration of this issue was unreasonable, arbitrary or capricious.”

At a Sept. 17 hearing, Luedke likened the scoring notes to jury notes, which are commonly destroyed after a verdict is issued.

Court documents show Aetna beat out Healthy Blue in two evaluation areas, integrated whole person care and quality assurance, but the two had even scores overall. However, Healthy Blue topped Aetna in the remaining five categories. Handwritten notes showed decision-makers had concerns about Aetna’s “unresolved issues” in Kansas and other Medicaid states. But concerns were noted about Healthy Blue, too, including one that said it was “discouraging to see lack of initiative” from Healthy Blue.

The state signed contracts May 10 with Healthy Blue, United Healthcare and Sunflower Health Plan. Aetna then protested the decision, alleging the state used unstated and objective evaluation criteria, cherry-picked the criteria to break the tie between Aetna and Healthy Blue and ignored Healthy Blue’s alleged&nbsp;<a href="https://kansasreflector.com/2024/06/26/kansas-legislative-committee-jumps-into-battle-over-selection-of-medicaid-contractors/">conflicts of interest</a>.

“The State’s method of evaluating these scores was well within the scope of its expertise and discretion,” Luedke wrote. “The way the review was conducted should have been no surprised (sic) to any of the bidders.”

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1728494523637.jpeg" alt=" Shawnee County District Judge Thomas Luedke upheld the state's decision to drop Aetna as a Medicaid services provider. (Sherman Smith/Kansas Reflector)" />
 <figcaption> Shawnee County District Judge Thomas Luedke upheld the state's decision to drop Aetna as a Medicaid services provider. (Sherman Smith/Kansas Reflector)</figcaption>
 </figure>BY:&nbsp;<a href="https://kansasreflector.com/author/akaminski/">ANNA KAMINSKI</a>&nbsp; <a href="https://kansasreflector.com/">Kansas Reflector</a>TOPEKA — A Shawnee County judge rejected a lawsuit from Aetna Better Health of Kansas, which sued the state earlier this year after it was passed over as one of Kansas’ three Medicaid insurance providers.In a 50-page decision, Shawnee County District Judge Thomas Luedke upheld the decision by Todd Herman, director of procurement and contracts in the Department of Administration, not to renew the contract for Medicaid services that Aetna has provided for the past five years.The state announced in May that it selected three private companies, excluding Aetna, from seven bidders to provide coverage under KanCare, as Medicaid is known in Kansas, beginning in January. In the state’s evaluation process, Aetna had tied for third with Healthy Blue. State officials destroyed documentation of scoring notes that were used by evaluators to inform their selection of Healthy Blue, a Blue Cross Blue Shield affiliate, over Aetna.In response, Aetna filed two lawsuits in Shawnee County District Court. One, filed in July and decided Oct. 1, challenged the decision itself. Another, filed in June, was an effort to challenge the state’s destruction of documents and awaits a ruling. The judge’s Oct. 1 decision came a day before the deadline for Aetna to notify its beneficiaries that it will no longer be a provider under KanCare.Luedke wrote that the scoring process that evaluated each provider bidding for a multimillion dollar KanCare contract is “highly technical.”“The Court is reluctant, and for the most part unable, to substitute its untutored judgment for that of the scoring officials,” Luedke wrote in his decision. “Nothing in Director Herman’s consideration of this issue was unreasonable, arbitrary or capricious.”At a Sept. 17 hearing, Luedke likened the scoring notes to jury notes, which are commonly destroyed after a verdict is issued.Court documents show Aetna beat out Healthy Blue in two evaluation areas, integrated whole person care and quality assurance, but the two had even scores overall. However, Healthy Blue topped Aetna in the remaining five categories. Handwritten notes showed decision-makers had concerns about Aetna’s “unresolved issues” in Kansas and other Medicaid states. But concerns were noted about Healthy Blue, too, including one that said it was “discouraging to see lack of initiative” from Healthy Blue.The state signed contracts May 10 with Healthy Blue, United Healthcare and Sunflower Health Plan. Aetna then protested the decision, alleging the state used unstated and objective evaluation criteria, cherry-picked the criteria to break the tie between Aetna and Healthy Blue and ignored Healthy Blue’s alleged&nbsp;<a href="https://kansasreflector.com/2024/06/26/kansas-legislative-committee-jumps-into-battle-over-selection-of-medicaid-contractors/">conflicts of interest</a>.“The State’s method of evaluating these scores was well within the scope of its expertise and discretion,” Luedke wrote. “The way the review was conducted should have been no surprised (sic) to any of the bidders.”

Aetna loses challenge of Kansas Medicaid contract process

By ALVARO PUIG Consumer Education Specialist

<a href="https://www.ftc.gov/news-events/news/press-releases/2024/10/ftc-takes-action-against-marriott-starwood-over-multiple-data-breaches">Marriott settled charges related to a data breach</a>&nbsp;that exposed the information of millions of guests. The company will take steps to better protect customers’ personal information. And it will give customers more control over their information.

If you’re a Marriott customer, here’s what the settlement means for you:

To learn more about protecting yourself after a data breach, visit&nbsp;<a href="https://www.identitytheft.gov/Info-Lost-or-Stolen">IdentityTheft.gov</a>.

By ALVARO PUIG Consumer Education Specialist<a href="https://www.ftc.gov/news-events/news/press-releases/2024/10/ftc-takes-action-against-marriott-starwood-over-multiple-data-breaches">Marriott settled charges related to a data breach</a>&nbsp;that exposed the information of millions of guests. The company will take steps to better protect customers’ personal information. And it will give customers more control over their information.If you’re a Marriott customer, here’s what the settlement means for you:<ol>
 <li>You may ask Marriott to review your Bonvoy account for unauthorized, suspicious activity. If, after an investigation, Marriott determines your loyalty points were stolen through unauthorized access to your account, Marriott will restore your stolen points.</li><li>You may request through Marriott's website or mobile app the deletion of your personal information associated with your email address or Bonvoy account number.</li><li><a href="https://consumer.ftc.gov/now-leaving?external_url=https%3A%2F%2Fwww.marriott.com%2Fabout%2Fprivacy.mi&amp;back_url=https%3A%2F%2Fconsumer.ftc.gov%2Fconsumer-alerts%2F2024%2F10%2Fmarriott-data-breach-settlement-what-it-means-consumers%3Futm_source%3Dgovdelivery">Marriott’s privacy policy</a>&nbsp;must clearly state why it’s collecting your personal information and the business need for keeping it.</li><li>You can enable multi-factor authentication on your Bonvoy account to add an extra layer of security.</li>
 </ol>Additionally, Marriott will<ul>
 <li>put in place a comprehensive information security program that includes multi-factor authentication, encryption, and other safeguards</li><li>cooperate with third party audits of its information security program</li><li>only collect and keep personal information if it has a business need for it</li><li>only use the information it collects for the purpose for which it was collected</li><li>delete collected information when it no longer has a need for it</li><li>not use for marketing purposes information you asked Marriott to delete</li>
 </ul>To learn more about protecting yourself after a data breach, visit&nbsp;<a href="https://www.identitytheft.gov/Info-Lost-or-Stolen">IdentityTheft.gov</a>.

Marriott data breach settlement: What it means for consumers

Vice President Kamala Harris unveiled a plan Tuesday that would strengthen Medicare coverage to include long-term care for seniors in their homes, tackling one of the biggest challenges in U.S. health care.

The Democratic presidential nominee revealed the proposal while on “The View” — one of several high-profile media appearances this week as she and the GOP presidential nominee, former President Donald Trump, sprint to the November finish line.

“There are so many people in our country who are right in the middle: They’re taking care of their kids and they’re taking care of their aging parents, and it’s just almost impossible to do it all, especially if they work,” Harris said during the live interview. “We’re finding that so many are then having to leave their job, which means losing a source of income, not to mention the emotional stress.”

Harris is focusing on the “sandwich generation,” which refers to Americans who are caring for their children while also caring for aging parents.

Under&nbsp;<a href="https://www.documentcloud.org/documents/25196234-harrismedicareathomeplan" target="_blank">the plan</a>, Medicare — the nation’s health insurance program for people 65 and older and some under 65 with certain disabilities or conditions — would cover an at-home health benefit for those enrolled in the program, as well as hearing and vision benefits, according to her campaign in a Tuesday fact sheet.

Medicare for the most part now does not cover long-term care services like home health aides.

The benefits would be funded by “expanding Medicare drug price negotiations, increasing the discounts drug manufacturers cover for certain brand-name drugs in Medicare, and addressing Medicare fraud,” per her campaign.

Harris also plans to “crack down on pharmaceutical benefit managers (PBMs) to increase transparency, disclose more information on costs, and regulate other practices that raise prices,” according to her campaign, which said she will also “implement international tax reform.”

The campaign did not cite a price tag but noted&nbsp;<a href="https://www.brookings.edu/articles/a-home-care-benefit-for-medicare/" target="_blank">similar plans</a>&nbsp;have been estimated to cost $40 billion annually, “before considering ​​savings from avoiding hospitalizations and more expensive institutional care, or the additional revenues that would generate from more unpaid family caregivers going back to work if they need to.”

The proposal comes along with the nominee’s&nbsp;<a href="https://www.newsfromthestates.com/article/harris-pitches-opportunity-economy-debut-one-one-tv-interview" target="_blank">sweeping economic plan</a>, part of which involves cutting taxes for more than 100 million Americans, including $6,000 in tax relief for new parents in the first year of their child’s life.

In response to the proposal, the Trump campaign said the former president “will always fight for America’s senior citizens — who have been left behind by Kamala Harris,” per a Tuesday&nbsp;<a href="https://www.donaldjtrump.com/news/3da13bf5-4a2d-47e9-bfaf-69cc77f14bbc" target="_blank">news release</a>.

The campaign also cited Medicare Advantage&nbsp;<a href="https://www.cms.gov/newsroom/press-releases/trump-administration-announces-changes-medicare-advantage-and-part-d-provide-better-coverage-and" target="_blank">policies</a>&nbsp;extended by the Centers for Medicare and Medicaid Services in Trump’s first term.

The campaign reiterated the&nbsp;<a href="https://cdn.nucleusfiles.com/be/beb1a388-1d88-4389-a67d-c1e2d7f8bedf/2024-gop-platform-july-7-final.pdf?_nlid=m5eUxFGPUe&amp;_nhids=RmedtdnxlK" target="_blank">2024 GOP platform</a>’s chapter on protecting seniors, saying Trump will “prioritize home care benefits by shifting resources back to at-home senior care, overturning disincentives that lead to care worker shortages, and supporting unpaid family caregivers through tax credits and reduced red tape.”

While appearing live on “The Howard Stern Show” on Tuesday shortly after “The View,” Harris dubbed Trump an “unserious man,” saying the consequences of him serving another term are “brutally serious.”

She also again criticized Trump for nominating three of the five members to the U.S. Supreme Court who voted to overturn Roe v. Wade in June 2022 — a reversal that ended nearly half a century of the constitutional right to abortion.

“And it’s not about abortion, you have basically now a system that says you as an individual do not have the right to make a decision about your own body. The government has the right to make that decision for you,” she said.

Harris, who said she would appoint a Republican to her Cabinet if elected, was asked whether she would choose former Wyoming Rep. Liz Cheney.

Cheney was the vice chair of the U.S. House Jan. 6 committee tasked with investigating the 2021 attack on the U.S. Capitol.

Harris did not disclose a preference, but said Cheney is “smart,” “remarkable” and a “dedicated public servant.”

Cheney is among some prominent Republicans to endorse Harris. She&nbsp;<a href="https://www.newsfromthestates.com/article/democrats-flaunt-republican-endorsements-harris-presidential-bid" target="_blank">campaigned with the veep in Ripon, Wisconsin</a>&nbsp;— the birthplace of the Republican Party — just last week.

Meanwhile, Trump said Harris is “grossly incompetent” during an interview that aired Tuesday on “The Ben Shapiro Show.”

“Biden was incompetent, she is equally incompetent and in a certain way, she’s more incompetent,” Trump told Shapiro, a conservative political commentator and co-founder of The Daily Wire, referring to President Joe Biden.

Trump also criticized Harris’ Monday interview on&nbsp;<a href="https://www.newsfromthestates.com/article/harris-60-minutes-says-congress-would-work-her-president-if-shes-elected" target="_blank">CBS News’ “60 Minutes,”</a>&nbsp;saying the veep “answers questions like a child.”

“She’s answering questions in the most basic way and getting killed over it,” Trump added.

Harris was also set to also appear on CBS’ “The Late Show with Stephen Colbert” on Tuesday night. She will also appear at a Univision town hall in Las Vegas, Nevada, that airs Thursday.

Trump was slated to participate in a roundtable with Latino leaders and a Univision town hall on Tuesday in Miami, but both events were postponed due to Hurricane Milton.

Trump is set to give remarks Wednesday in Scranton, Pennsylvania. Later that day, he will continue campaigning in the Keystone State with a rally in Reading.

<figure>
 <img src="https://media.eaglewebservices.com/public/2021/6/1623708723138.jpeg" alt="-&nbsp;The Democratic presidential nominee, Vice President Kamala Harris, on Tuesday announced a proposal on long-term care under Medicare focused on the “sandwich generation,” which refers to Americans who are caring for their children while also caring for aging parents.&nbsp;" />
 <figcaption>-&nbsp;The Democratic presidential nominee, Vice President Kamala Harris, on Tuesday announced a proposal on long-term care under Medicare focused on the “sandwich generation,” which refers to Americans who are caring for their children while also caring for aging parents.&nbsp;</figcaption>
 </figure>BY:&nbsp;<a href="https://missouriindependent.com/author/shauneen-miranda/">SHAUNEEN MIRANDA</a> <a href="https://statesnewsroom.com/">States Newsroom</a>Vice President Kamala Harris unveiled a plan Tuesday that would strengthen Medicare coverage to include long-term care for seniors in their homes, tackling one of the biggest challenges in U.S. health care.The Democratic presidential nominee revealed the proposal while on “The View” — one of several high-profile media appearances this week as she and the GOP presidential nominee, former President Donald Trump, sprint to the November finish line.<div><blockquote class="twitter-tweet" data-media-max-width="560">I took care of my mother when she was sick with cancer—I know that caregiving is about dignity. My plan will allow Medicare to cover in-home health care, which will lower costs and reduce the financial and emotional stress for families across the country. <a href="https://t.co/NR5ROKCzfl">pic.twitter.com/NR5ROKCzfl</a>&mdash; Kamala Harris (@KamalaHarris) <a href="https://twitter.com/KamalaHarris/status/1843716356069327005?ref_src=twsrc%5Etfw">October 8, 2024</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></div>“There are so many people in our country who are right in the middle: They’re taking care of their kids and they’re taking care of their aging parents, and it’s just almost impossible to do it all, especially if they work,” Harris said during the live interview. “We’re finding that so many are then having to leave their job, which means losing a source of income, not to mention the emotional stress.”Harris is focusing on the “sandwich generation,” which refers to Americans who are caring for their children while also caring for aging parents.Under&nbsp;<a href="https://www.documentcloud.org/documents/25196234-harrismedicareathomeplan" target="_blank">the plan</a>, Medicare — the nation’s health insurance program for people 65 and older and some under 65 with certain disabilities or conditions — would cover an at-home health benefit for those enrolled in the program, as well as hearing and vision benefits, according to her campaign in a Tuesday fact sheet.Medicare for the most part now does not cover long-term care services like home health aides.The benefits would be funded by “expanding Medicare drug price negotiations, increasing the discounts drug manufacturers cover for certain brand-name drugs in Medicare, and addressing Medicare fraud,” per her campaign.Harris also plans to “crack down on pharmaceutical benefit managers (PBMs) to increase transparency, disclose more information on costs, and regulate other practices that raise prices,” according to her campaign, which said she will also “implement international tax reform.”The campaign did not cite a price tag but noted&nbsp;<a href="https://www.brookings.edu/articles/a-home-care-benefit-for-medicare/" target="_blank">similar plans</a>&nbsp;have been estimated to cost $40 billion annually, “before considering ​​savings from avoiding hospitalizations and more expensive institutional care, or the additional revenues that would generate from more unpaid family caregivers going back to work if they need to.”The proposal comes along with the nominee’s&nbsp;<a href="https://www.newsfromthestates.com/article/harris-pitches-opportunity-economy-debut-one-one-tv-interview" target="_blank">sweeping economic plan</a>, part of which involves cutting taxes for more than 100 million Americans, including $6,000 in tax relief for new parents in the first year of their child’s life.<h2>Trump responds</h2>In response to the proposal, the Trump campaign said the former president “will always fight for America’s senior citizens — who have been left behind by Kamala Harris,” per a Tuesday&nbsp;<a href="https://www.donaldjtrump.com/news/3da13bf5-4a2d-47e9-bfaf-69cc77f14bbc" target="_blank">news release</a>.The campaign also cited Medicare Advantage&nbsp;<a href="https://www.cms.gov/newsroom/press-releases/trump-administration-announces-changes-medicare-advantage-and-part-d-provide-better-coverage-and" target="_blank">policies</a>&nbsp;extended by the Centers for Medicare and Medicaid Services in Trump’s first term.The campaign reiterated the&nbsp;<a href="https://cdn.nucleusfiles.com/be/beb1a388-1d88-4389-a67d-c1e2d7f8bedf/2024-gop-platform-july-7-final.pdf?_nlid=m5eUxFGPUe&amp;_nhids=RmedtdnxlK" target="_blank">2024 GOP platform</a>’s chapter on protecting seniors, saying Trump will “prioritize home care benefits by shifting resources back to at-home senior care, overturning disincentives that lead to care worker shortages, and supporting unpaid family caregivers through tax credits and reduced red tape.”<h2>Harris and Howard Stern</h2>While appearing live on “The Howard Stern Show” on Tuesday shortly after “The View,” Harris dubbed Trump an “unserious man,” saying the consequences of him serving another term are “brutally serious.”She also again criticized Trump for nominating three of the five members to the U.S. Supreme Court who voted to overturn Roe v. Wade in June 2022 — a reversal that ended nearly half a century of the constitutional right to abortion.“And it’s not about abortion, you have basically now a system that says you as an individual do not have the right to make a decision about your own body. The government has the right to make that decision for you,” she said.Harris, who said she would appoint a Republican to her Cabinet if elected, was asked whether she would choose former Wyoming Rep. Liz Cheney.Cheney was the vice chair of the U.S. House Jan. 6 committee tasked with investigating the 2021 attack on the U.S. Capitol.Harris did not disclose a preference, but said Cheney is “smart,” “remarkable” and a “dedicated public servant.”Cheney is among some prominent Republicans to endorse Harris. She&nbsp;<a href="https://www.newsfromthestates.com/article/democrats-flaunt-republican-endorsements-harris-presidential-bid" target="_blank">campaigned with the veep in Ripon, Wisconsin</a>&nbsp;— the birthplace of the Republican Party — just last week.<h2>Trump talks with Ben Shapiro</h2>Meanwhile, Trump said Harris is “grossly incompetent” during an interview that aired Tuesday on “The Ben Shapiro Show.”“Biden was incompetent, she is equally incompetent and in a certain way, she’s more incompetent,” Trump told Shapiro, a conservative political commentator and co-founder of The Daily Wire, referring to President Joe Biden.Trump also criticized Harris’ Monday interview on&nbsp;<a href="https://www.newsfromthestates.com/article/harris-60-minutes-says-congress-would-work-her-president-if-shes-elected" target="_blank">CBS News’ “60 Minutes,”</a>&nbsp;saying the veep “answers questions like a child.”“She’s answering questions in the most basic way and getting killed over it,” Trump added.<h2>Look ahead for Harris, Trump campaigns</h2>Harris was also set to also appear on CBS’ “The Late Show with Stephen Colbert” on Tuesday night. She will also appear at a Univision town hall in Las Vegas, Nevada, that airs Thursday.Trump was slated to participate in a roundtable with Latino leaders and a Univision town hall on Tuesday in Miami, but both events were postponed due to Hurricane Milton.Trump is set to give remarks Wednesday in Scranton, Pennsylvania. Later that day, he will continue campaigning in the Keystone State with a rally in Reading.

Harris rolls out broad Medicare plan to provide long-term care in the home

The Federal Trade Commission is sending more than $88,000 in refunds to consumers who bought Chinese-made measuring cups marketed as “Made in USA” by Instant Brands, the maker of Pyrex-brand kitchen and home products, according to a media release.

The FTC&nbsp;<a href="https://www.ftc.gov/news-events/news/press-releases/2023/01/ftc-order-requires-pyrex-glass-manufacturer-pay-falsely-claiming-chinese-products-were-made-usa">took action against Instant Brands</a>&nbsp;in 2023 charging that the company claimed that all its popular glass measuring cups were made in the United States, despite some measuring cups actually being imported from China. All told, more than 110,000 units of Chinese-made measuring cup sets were sold to U.S. consumers while being marketed as “Made in USA.” Instant Brands agreed to a settlement with the FTC that stopped the company from making deceptive claims about products being “Made in USA” and required them to pay a monetary judgment.

The FTC is sending checks to 10,259 consumers. Recipients should cash their checks within 90 days, as indicated on the check. Consumers who have questions about their payment should contact the refund administrator, Simpluris, at 833-244-7320, or visit the FTC website to&nbsp;<a href="https://www.ftc.gov/enforcement/recent-ftc-cases-resulting-refunds/refund-programs-frequently-asked-questions">view frequently asked questions</a>&nbsp;about the refund process. The Commission never requires people to pay money or provide account information to get a refund.

The Commission’s&nbsp;<a href="https://public.tableau.com/app/profile/federal.trade.commission/viz/Refunds_15797958402020/RefundsbyCase">interactive dashboards for refund data</a>&nbsp;provide a state-by-state breakdown of refunds in FTC cases. In 2023,&nbsp;FTC actions led to $330 million in refunds to consumers across the country.

The Federal Trade Commission works to promote competition and&nbsp;<a href="https://www.ftc.gov/about-ftc/bureaus-offices/bureau-consumer-protection">protect and educate consumers</a>. &nbsp;The FTC will never demand money, make threats, tell you to transfer money, or promise you a prize. Learn more about consumer topics at&nbsp;<a href="https://consumer.ftc.gov/">consumer.ftc.gov</a>, or report fraud, scams, and bad business practices at&nbsp;<a href="https://reportfraud.ftc.gov/">ReportFraud.ftc.gov</a>. Follow the&nbsp;<a href="https://www.ftc.gov/news-events/stay-connected/social-media">FTC on social media</a>, read&nbsp;<a href="https://consumer.ftc.gov/consumer-alerts">consumer alerts</a>&nbsp;and the&nbsp;<a href="https://www.ftc.gov/business-guidance/blog">business blog</a>, and&nbsp;<a href="https://www.ftc.gov/news-events/stay-connected">sign up to get the latest FTC news and alerts</a>.

The Federal Trade Commission is sending more than $88,000 in refunds to consumers who bought Chinese-made measuring cups marketed as “Made in USA” by Instant Brands, the maker of Pyrex-brand kitchen and home products, according to a media release.The FTC&nbsp;<a href="https://www.ftc.gov/news-events/news/press-releases/2023/01/ftc-order-requires-pyrex-glass-manufacturer-pay-falsely-claiming-chinese-products-were-made-usa">took action against Instant Brands</a>&nbsp;in 2023 charging that the company claimed that all its popular glass measuring cups were made in the United States, despite some measuring cups actually being imported from China. All told, more than 110,000 units of Chinese-made measuring cup sets were sold to U.S. consumers while being marketed as “Made in USA.” Instant Brands agreed to a settlement with the FTC that stopped the company from making deceptive claims about products being “Made in USA” and required them to pay a monetary judgment.The FTC is sending checks to 10,259 consumers. Recipients should cash their checks within 90 days, as indicated on the check. Consumers who have questions about their payment should contact the refund administrator, Simpluris, at 833-244-7320, or visit the FTC website to&nbsp;<a href="https://www.ftc.gov/enforcement/recent-ftc-cases-resulting-refunds/refund-programs-frequently-asked-questions">view frequently asked questions</a>&nbsp;about the refund process. The Commission never requires people to pay money or provide account information to get a refund.The Commission’s&nbsp;<a href="https://public.tableau.com/app/profile/federal.trade.commission/viz/Refunds_15797958402020/RefundsbyCase">interactive dashboards for refund data</a>&nbsp;provide a state-by-state breakdown of refunds in FTC cases. In 2023,&nbsp;FTC actions led to $330 million in refunds to consumers across the country.The Federal Trade Commission works to promote competition and&nbsp;<a href="https://www.ftc.gov/about-ftc/bureaus-offices/bureau-consumer-protection">protect and educate consumers</a>. &nbsp;The FTC will never demand money, make threats, tell you to transfer money, or promise you a prize. Learn more about consumer topics at&nbsp;<a href="https://consumer.ftc.gov/">consumer.ftc.gov</a>, or report fraud, scams, and bad business practices at&nbsp;<a href="https://reportfraud.ftc.gov/">ReportFraud.ftc.gov</a>. Follow the&nbsp;<a href="https://www.ftc.gov/news-events/stay-connected/social-media">FTC on social media</a>, read&nbsp;<a href="https://consumer.ftc.gov/consumer-alerts">consumer alerts</a>&nbsp;and the&nbsp;<a href="https://www.ftc.gov/business-guidance/blog">business blog</a>, and&nbsp;<a href="https://www.ftc.gov/news-events/stay-connected">sign up to get the latest FTC news and alerts</a>.

Pyrex refund for glass products falsely advertised as ‘Made in USA’

Justices reject Kimberly Younger’s claim that her rights were violated when the judge in her original trial allowed a defendant to testify remotely via videoconference

By ALLISON KITE <a href="https://kansasreflector.com/">Kansas Reflector</a>

The Kansas Supreme Court upheld the conviction of a woman who orchestrated the murder of a couple working at a traveling carnival during a stop in Barton County.

Kimberly Younger had claimed that her Constitutional rights were violated in the original trial when a witness was allowed to testify remotely via videoconference. Both the U.S. and Kansas constitutions guarantee defendants’ rights to confront witnesses to criminal cases.

In oral arguments before the&nbsp;<a href="https://kansasreflector.com/tag/kansas-supreme-court/">Kansas Supreme Court</a>, Younger’s defense attorney, Clayton Jay Perkins, said Younger had been “convicted of capital murder without having killed anyone.”

“Her conviction rests on the troubling foundation of the credibility of co-defendants,” Perkins said, “including the actual killers that received reduced or lesser convictions and had incentives to place culpability on Miss Younger — and whose testimony was propped up by numerous Constitutional and legal errors.”

Attorneys for Younger declined to comment, saying Younger had not signed a release allowing them to speak with media.&nbsp;

Younger was convicted in 2021 and sentenced to life in prison with no possibility of parole for her role in the murders of Alfred and Pauline Carpenter, an elderly couple from Wichita that sold merchandise from a camper at county fairs.&nbsp;

Younger — who also used the names Myrna Khan, Jenna Roberts and Tiffany Jones — is in her 50s and worked as a truck driver and ticket seller at the carnival, which in the summer of 2018, stopped at the Barton County Fair.&nbsp;

At the carnival, Younger shared a unit in the bunkhouse with her significant other — and possible husband —&nbsp;Michael Fowler. Younger was known to Fowler as Jenna.&nbsp;

The court ruling outlines an elaborate story she told police about how a competing carnival owner with mafia ties instructed her and others to kill the Carpenters and dispose of their bodies in Arkansas.&nbsp;

Fellow employees Rusty Frasier and Christine Tenney were given instructions by Younger to help Fowler with the killing.&nbsp;&nbsp;

<a href="https://kscourts.gov/KSCourts/media/KsCourts/Opinions/124601.pdf?ext=.pdf" target="_blank">According to the Kansas Supreme Court ruling</a>, in July 2018, Younger asked Alfred Carpenter out of the camper to talk about buying his&nbsp;business as he and Pauline Carpenter were preparing to retire. The plan was for&nbsp;Fowler to then slit his throat. Carpenter fought back, and Frasier rushed in and stabbed him. Then, Fowler shot Alfred Carpenter and entered the trailer and shot Pauline.&nbsp;

The group then drove the trailer with the bodies for more than six hours to Van Buren, Arkansas, and stayed with Fowler’s daughter and son-in-law. They then drove to Ozark National Forest where Fowler’s son-in-law and his other daughter’s boyfriend helped them put the bodies in a ravine and cover them with a mattress, rocks and dirt.&nbsp;

During the Van Buren police’s investigation, Younger initially identified herself as Tiffany Jones. When she became “belligerent,” she was arrested and put in the police car where she was recorded without her knowledge and made incriminating statements.&nbsp;

At the police station, the gun used to kill the Carpenters was found in her backpack. While she was interviewed, “the others started cooperating with law enforcement almost immediately,” the Supreme Court ruling says.

First, Younger denied the murders, but “she eventually told an elaborate version of what had happened, blaming the events on a crime syndicate.” She was charged in December&nbsp;2018.

Fowler, Frasier and Tenney all pleaded guilty to various charges and testified against her at trial.&nbsp;

At trial in September 2021, Younger claimed another traveling carnival owner, Frank Zaitshik, “ran a criminal enterprise, paid her to transport drugs and guns around the country, and hired bodyguards to shadow Fowler and protect him from a supposed hitman.” She said Zaitshik put the group up to the murders.

Zaitshik was called as a witness and allowed —&nbsp;over Younger’s objections — to testify remotely via videoconference because of his concerns about COVID-19. He said that “he had no connections with criminal enterprises, he had no idea who Fowler or Younger …&nbsp;were, he had never directed anyone to commit murders, and he did not have Italian ancestry.”&nbsp;

Younger’s counsel claimed the judge’s decision to allow Zaitshik to testify remotely violated her right to confront witnesses, guaranteed by both the U.S. and Kansas constitutions.

But the justices cited case law saying the “right to a face-to-face confrontation with an adversarial witness is not absolute and is subject to narrow exceptions when necessary to further important public policies.”

The witness’ underlying health issues and concern about contracting COVID-19, the justices said, “suffice to allow an at-risk witness to testify remotely.”&nbsp;

Younger’s lawyers also attempted to have her conviction overturned on the grounds that she made incriminating statements before being informed of her right to remain silent and to request counsel.&nbsp;

But the court found Younger had made incriminating statements voluntarily while in the back of the police car. They found that despite requesting counsel at the police station, she voluntarily re-initiated an interrogation with police, who had stopped questioning her while they waited for an attorney.&nbsp;

“She repeatedly said she wanted to talk,” the ruling says. “She even showed impatience at delays in the interview when she outright asked whether they even wanted to hear what she had to say. There is little indication of coercive conduct by the police.”&nbsp;

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1728381811046.png" alt="Kimberly Younger-photo Kanas Dept. of Corrections" />
 <figcaption>Kimberly Younger-photo Kanas Dept. of Corrections</figcaption>
 </figure><h2>Justices reject Kimberly Younger’s claim that her rights were violated when the judge in her original trial allowed a defendant to testify remotely via videoconference</h2>By ALLISON KITE <a href="https://kansasreflector.com/">Kansas Reflector</a>The Kansas Supreme Court upheld the conviction of a woman who orchestrated the murder of a couple working at a traveling carnival during a stop in Barton County.Kimberly Younger had claimed that her Constitutional rights were violated in the original trial when a witness was allowed to testify remotely via videoconference. Both the U.S. and Kansas constitutions guarantee defendants’ rights to confront witnesses to criminal cases.In oral arguments before the&nbsp;<a href="https://kansasreflector.com/tag/kansas-supreme-court/">Kansas Supreme Court</a>, Younger’s defense attorney, Clayton Jay Perkins, said Younger had been “convicted of capital murder without having killed anyone.”“Her conviction rests on the troubling foundation of the credibility of co-defendants,” Perkins said, “including the actual killers that received reduced or lesser convictions and had incentives to place culpability on Miss Younger — and whose testimony was propped up by numerous Constitutional and legal errors.”Attorneys for Younger declined to comment, saying Younger had not signed a release allowing them to speak with media.&nbsp;Younger was convicted in 2021 and sentenced to life in prison with no possibility of parole for her role in the murders of Alfred and Pauline Carpenter, an elderly couple from Wichita that sold merchandise from a camper at county fairs.&nbsp;Younger — who also used the names Myrna Khan, Jenna Roberts and Tiffany Jones — is in her 50s and worked as a truck driver and ticket seller at the carnival, which in the summer of 2018, stopped at the Barton County Fair.&nbsp;At the carnival, Younger shared a unit in the bunkhouse with her significant other — and possible husband —&nbsp;Michael Fowler. Younger was known to Fowler as Jenna.&nbsp;The court ruling outlines an elaborate story she told police about how a competing carnival owner with mafia ties instructed her and others to kill the Carpenters and dispose of their bodies in Arkansas.&nbsp;Fellow employees Rusty Frasier and Christine Tenney were given instructions by Younger to help Fowler with the killing.&nbsp;&nbsp;<a href="https://kscourts.gov/KSCourts/media/KsCourts/Opinions/124601.pdf?ext=.pdf" target="_blank">According to the Kansas Supreme Court ruling</a>, in July 2018, Younger asked Alfred Carpenter out of the camper to talk about buying his&nbsp;business as he and Pauline Carpenter were preparing to retire. The plan was for&nbsp;Fowler to then slit his throat. Carpenter fought back, and Frasier rushed in and stabbed him. Then, Fowler shot Alfred Carpenter and entered the trailer and shot Pauline.&nbsp;The group then drove the trailer with the bodies for more than six hours to Van Buren, Arkansas, and stayed with Fowler’s daughter and son-in-law. They then drove to Ozark National Forest where Fowler’s son-in-law and his other daughter’s boyfriend helped them put the bodies in a ravine and cover them with a mattress, rocks and dirt.&nbsp;During the Van Buren police’s investigation, Younger initially identified herself as Tiffany Jones. When she became “belligerent,” she was arrested and put in the police car where she was recorded without her knowledge and made incriminating statements.&nbsp;At the police station, the gun used to kill the Carpenters was found in her backpack. While she was interviewed, “the others started cooperating with law enforcement almost immediately,” the Supreme Court ruling says.First, Younger denied the murders, but “she eventually told an elaborate version of what had happened, blaming the events on a crime syndicate.” She was charged in December&nbsp;2018.Fowler, Frasier and Tenney all pleaded guilty to various charges and testified against her at trial.&nbsp;At trial in September 2021, Younger claimed another traveling carnival owner, Frank Zaitshik, “ran a criminal enterprise, paid her to transport drugs and guns around the country, and hired bodyguards to shadow Fowler and protect him from a supposed hitman.” She said Zaitshik put the group up to the murders.Zaitshik was called as a witness and allowed —&nbsp;over Younger’s objections — to testify remotely via videoconference because of his concerns about COVID-19. He said that “he had no connections with criminal enterprises, he had no idea who Fowler or Younger …&nbsp;were, he had never directed anyone to commit murders, and he did not have Italian ancestry.”&nbsp;Younger’s counsel claimed the judge’s decision to allow Zaitshik to testify remotely violated her right to confront witnesses, guaranteed by both the U.S. and Kansas constitutions.But the justices cited case law saying the “right to a face-to-face confrontation with an adversarial witness is not absolute and is subject to narrow exceptions when necessary to further important public policies.”The witness’ underlying health issues and concern about contracting COVID-19, the justices said, “suffice to allow an at-risk witness to testify remotely.”&nbsp;Younger’s lawyers also attempted to have her conviction overturned on the grounds that she made incriminating statements before being informed of her right to remain silent and to request counsel.&nbsp;But the court found Younger had made incriminating statements voluntarily while in the back of the police car. They found that despite requesting counsel at the police station, she voluntarily re-initiated an interrogation with police, who had stopped questioning her while they waited for an attorney.&nbsp;“She repeatedly said she wanted to talk,” the ruling says. “She even showed impatience at delays in the interview when she outright asked whether they even wanted to hear what she had to say. There is little indication of coercive conduct by the police.”&nbsp;Younger’s attorneys also sought, unsuccessfully, to suppress evidence found in Younger’s backpack, which she gave written consent for police to search.&nbsp;While the Kansas Supreme Court upheld Younger’s convictions, it overturned portions of the restitution she was ordered to pay, finding that the court didn’t have enough evidence to justify the claim. It remanded the restitution issue back to the trial court for correction.

Kbct