Latest news with #Mell
Yahoo
29-05-2025
- Business
- Yahoo
Pierce County Sheriff Swank to Prosecutor Robnett: ‘You are my peril'
Pierce County Sheriff Keith Swank's conflicts with other elected leaders made its way to court Wednesday after an attorney acting as Swank's lawyer served three county officials a demand for mediation over issues such as his desire to cooperate with federal immigration authorities. That demand, made Friday, led the county's elected prosecutor, Mary Robnett, to seek a judgment in Superior Court prohibiting the attorney, Joan Mell, from providing legal advice to Swank or other officials. According to Robnett, only the Prosecuting Attorney's Office can act as Swank's attorney. 'Joan K. Mell has unlawfully exercised the public office of the prosecuting attorney or deputy prosecuting attorney for the County of Pierce, State of Washington,' a copy of the complaint reads. Robnett argued in part that Mell's legal advice about Swank cooperating with U.S. Immigration and Customs Enforcement (ICE) could expose the county to millions of dollars in potential liability. She said it's unlawful for county officials to cooperate with ICE. The state's Keep Washington Working Act, a bipartisan law passed in 2019, limits law enforcement's ability to work with ICE. Adams County was sued by the state Attorney General's Office in March for allegedly helping federal authorities with immigration enforcement. Superior Court Judge Susan Adams on Wednesday morning granted Robnett a temporary restraining order. Adams found that Mell was making legal demands on Swank's behalf and that she wasn't authorized to do so, according to a copy of the order, which expires at the next court hearing June 13. Mell, an attorney with law offices in Fircrest and Montana, was out of state at the time of the hearing. According to an email provided by Mell, she was notified of the hearing Tuesday evening via email. In a Wednesday-morning response, Mell objected to not being heard on the motion, and she said she wanted the opportunity to object to the case being litigated in front of a Pierce County judge, particularly one with ties to the Prosecuting Attorney's Office. In a phone call with The News Tribune, Mell said she believed Robnett had incorrectly advised Swank and that Robnett was duty-bound as counsel to adhere to his requests, for example, challenging the Keep Washington Working Act, which Swank has called 'unconstitutional.' Mell said Robnett had failed to adhere to Swank's requests. 'Nothing she's doing is consistent with lawyering,' Mell said. 'Fundamental to lawyering is taking the direction from your client, figuring out a way to accomplish what your client wants you to accomplish and carrying out his objectives.' Swank did not respond to a phone call Wednesday afternoon. Mell said he was out of the country and unavailable until June 8. The breakdown of Swank's relationship with Robnett appeared to begin with an executive order issued by County Executive Ryan Mello earlier this month declaring that all contracts that accept federal funding would be subject to a thorough review, and that all departments and elected officials would need to designate someone to review the contracts. Swank emailed Robnett on May 13, asking if Mello had the authority to impose an executive order on him and what would happen if he didn't abide by it, according to correspondence between Swank and Robnett filed in the court record. Robnett responded the next morning that Mello had lawful authority because Swank's elected position was created by the Pierce County Charter, which makes his position an executive department subject to executive orders. Swank disagreed and said he would be seeking legal advice elsewhere. Why Swank was upset by the executive order seemed to baffle Robnett, and she cautioned him that he wasn't authorized to seek outside legal advice, saying he would be acting at his own 'peril.' 'The Executive order from yesterday did not really change anything,' Robnett wrote. 'I am a little confused about why this has struck such a nerve with you. I am an independently elected official and I am subject to the same contracting rules.' Swank explained that if Mello could impose this order on him, it meant he would be subject to other orders and that Mello could tell him how to run his office. 'As far as 'my own peril,' you are my peril,' Swank said. He told Robnett that he had asked the artificial-intelligence service ChatGPT the same question about Mello's authority over him, and it had a 'quite different response.' 'I have no faith in your counsel,' Swank wrote in the May 15 email. 'I believe that you are either incompetent or you are trying to sabotage my office.' Swank added that he believed Robnett was trying to cause him undue stress, and that it was planned because Robnett wanted his opponent in the 2024 General Election for sheriff to win over him. 'You didn't want someone to upset the apple cart,' Swank said. 'You wanted a sheriff who would go along with the program and keep everything status quo.' Robnett responded later that day, thanking Swank for spelling out his position and suggesting that they meet with Mello to discuss where each of them fit into county government under the charter. About a week after Swank's email exchange with Robnett, Mell emailed Robnett, Mello and County Council Chair Jani Hitchen a demand for mediation under RCW 36.46.010, a state law that requires elected officials to attempt to work out a dispute before a lawsuit can be brought. Mell signed the demand letter 'lawyer for Sheriff Keith Swank.' It said Swank had reached an impasse with the three officials on six issues: Sheriff's Office independence and personnel, professional recruiting, the Humane Society, independent representation and a County Council resolution affirming compliance with the Keep Washington Working Act. In regard to the independence of the Sheriff's Office and its personnel, the letter claimed Mello could not require Swank to comply with any executive orders that conflict with Swank's authority to carry out the core functions of his office. It said the County Council's power over its personnel was limited to consenting to the number of deputies and other necessary employees. 'Sheriff Swank has the authority to adequately train his deputies,' the letter reads. 'Should he deem it necessary to obtain training outside the state to do so, the Executive may not prevent the Sheriff from achieving this core function.' Of recruiting, the letter said Mello and the County Council had undermined Swank by using funds acquired by putting dollars specified to be used for recruitment by University Place in the general fund. The Sheriff's Office is contracted by University Place to provide them police services. The letter also targeted the Humane Society for Tacoma & Pierce County's relationship with the Sheriff's Office, stating it depleted public safety dollars and was outside the purpose of the office. According to a 2018 report from the county, it contracted with the Humane Society for sheltering and licensing animals.
CBC
12-03-2025
- Business
- CBC
Cash-strapped cobalt refinery in northern Ont. hopes to relaunch in the spring
Social Sharing It's been a bumpy ride for Northern Ontario's Electra Battery Materials, a company set to become the only cobalt refinery in North America. A difficult financial situation forced a slowdown at the Temiskaming Shores plant recently, with construction coming to a grinding halt in 2023. Last year the company received $20-million from the U.S. Department of Defense as part of a national security initiative aiming to secure critical mineral supply chains. Still, more investors are needed to finish building the facility. CEO Trent Mell is tentatively optimistic that the funding could come together in the next few weeks despite geopolitical shifts like the U.S.-Canada trade war. "We've got a strategic partner willing to put in $20-million," said CEO Trent Mell. "We don't need much, we're talking $80-million and this thing's in production." Mell declined to say if the funding package will involve some U.S.-based investors. He said his company was receiving a lot of government support from Ontario and Canada. "We have a lot of allies that want to see us succeed." Export ban on raw cobalt won't be an issue: CEO Once completed, Electra Battery Materials' refinery is set to process raw cobalt from the Democratic Republic of the Congo (DRC). That country recently imposed a four-month export ban on the material, but Mell doesn't think that will hurt his company. "We've seen this before in the DRC. It's the largest producer of mined cobalt in the world. It's a way for them to manage prices and royalties… it usually gets resolved fairly quickly," he said. Prices for cobalt have been increasing steadily since the DRC imposed its export ban. "That's great for our Western supply chain trying to build in a stronger commodity price environment," said Mell. If the refinery re-opens in the spring as planned, that will mean about 150 new jobs in northern Ontario. "That's a lot of contractors, from Sudbury to North Bay to Temiskaming Shores," said Mell. "It'll be a regional push." Dozens were let go in the fall of 2023 when construction slowed down at the plant.
Yahoo
14-02-2025
- Politics
- Yahoo
Richard Mell breaks silence on Rod Blagojevich's pardon, family feud: 'All in the past'
The Brief Former Illinois Gov. Rod Blagojevich received a full and unconditional pardon from Donald Trump this week. Blagojevich's father-in-law, Richard Mell, says their past feud is behind them and expressed relief for his daughter and grandchildren. Mell commented on political corruption, comparing Blagojevich's situation to other political scandals. CHICAGO - Every family has its challenges, but the rift between former Illinois Gov. Rod Blagojevich and his father-in-law, Richard Mell, played out on a public stage. Once a political ally who helped launch Blagojevich's career, Mell became estranged from his son-in-law early in Blagojevich's first term as governor when federal investigations began. But now, Mell says the family discord is behind them, and he feels relieved following President Donald Trump's full and unconditional pardon for Blagojevich. What we know Richard Mell, the powerful former 33rd Ward alderman, publicly expressed his support for the pardon, emphasizing his relief for his daughter and grandchildren. "I feel good about (the pardon), for my daughter and for my grandchildren," Mell said. Blagojevich, who had his 14-year prison sentence commuted by Trump in 2020, has maintained his innocence, calling his actions "routine and legal in politics." Outside his Ravenswood Manor home this week, he insisted that corrupt prosecutors criminalized standard political practices. But does Mell agree? Reflecting on the political landscape, Mell criticized the use of criminal informants to build corruption cases. He drew comparisons to other political scandals in Illinois. "You know something, when you have people like (former Alderman Danny Solis) doing things like that, I have problems with that. I have problems with somebody doing a crime and then using his crime to entice other people," Mell said, comparing Solis' cooperation in former Illinois House Speaker Mike Madigan's criminal conviction to the myriad of characters around Blagojevich who either were questioned or went to prison. "Exactly," Mell said when asked if that was Blagojevich's cardinal sin and the biggest factor in his downfall. "I think that more than anything else, of course." What we don't know Rumors are swirling about Blagojevich potentially being appointed as Ambassador to Serbia, given his Serbian American heritage. However, no official confirmation has been made. When asked about Blagojevich returning to politics, Mell hinted that the decision might rest with his daughter. "I heard her say once that if there was another one, he'd have to find another wife," Mell said. What's next Blagojevich shared that his immediate plans involve finishing a book about his time in prison. As speculation about his political future continues, it remains unclear if he will reenter the political arena or pursue other opportunities.
Yahoo
29-01-2025
- Politics
- Yahoo
Ellsworth attorney demands correction to audit report; claims report defamed former Senate President
Sens. Matt Regier, Jason Ellsworth and Greg Hertz sit at a Republican Senate caucus meeting before giving their speeches seeking to be Senate President for 2025. (Photo by Blair Miller, Daily Montanan) A letter sent Tuesday from Sen. Jason Ellsworth's attorney to the legislative auditor demands a correction in a recent audit report that found Ellsworth abused his leadership position and wasted state resources. The letter alleges the audit report was published 'in a false light, amounts to defamation, and invites constitutional challenges and punitive damages.' The audit said Ellsworth's rushed work arranging an illegal $170,000 contract with a business associate, in tandem with an 'impossible' attempt to correct the problems by the Department of Administration, resulted in a loss of state resources. Republican Senate leadership criticized the contract when it came to light, and following the audit report's release, the Senate voted to convene an Ethics Committee to investigate Ellsworth's actions with an organizational meeting set for Wednesday afternoon. The meeting also serves as a deadline for the state auditor to 'correct' his mistakes. Lawyer Joan Mell, representing Ellsworth, sent the letter to Legislative Auditor Angus Maciver on Jan. 28 along with a sworn statement from Bryce Eggleston, who signed the contract with Ellsworth late last year to perform analysis on a series of judicial bills introduced during the legislative session. The statement provides 'facts inconsistent with your subjective conclusions of 'abuse' and 'waste'' in the audit report, according to Mell's letter. In a phone call with the Daily Montanan, Mell said Eggleston's statements 'obliterate the faulty presumptions' of the audit report and 'absolutely dispenses' with the legislative auditor's credibility. Mell also said without a correction or retraction, she will 'absolutely' bring up defamation charges against the auditor. Mell also said that the urgency at which the auditors conducted their investigation was unnecessary, and Ellsworth was 'not given reasonable opportunity' to find legal counsel and respond to written questions — only 24 hours were offered by auditors. Maciver previously said audits can take anywhere from a few days to months. Ellsworth 'holds the right to assert absolute legislative immunity from questioning during session and the disregard of his duty to focus on the people's business consistent with that immunity shows blatant disregard of constitutional guarantees that benefit the public,' according to Mell. Ellsworth has described questions about the contract as a 'manufactured controversy.' The letter also alleges a contentious relationship between Ellsworth and Maciver influenced the report, including that Ellsworth, in his former capacity as Senate President, negotiated part of the Legislative Auditor contract in 2024. Mell alleges that Maciver was 'not free from bias' due to criticisms Ellsworth had during the contract negotiations. 'You were not independent and objective in mind and appearance and your questionable work product reveals it,' Mell said in the letter. In a written statement, Maciver said it would be inappropriate to discuss the matter, as it is 'under active investigation,' as well as under review by the Senate Ethics Committee. 'It is important that we allow these processes to proceed fairly and without interference, ensuring the integrity of the ongoing efforts,' he said. Mell also critiques the auditor's office for not reaching out to Eggleston, which she said would have answered many of the questions and alleviated Ellsworth of wrongdoing. Eggleston has not responded to multiple requests for comment from the Daily Montanan. Mell served as a citizen member of the interim Senate Select Committee on Judicial Oversight and Reform that Ellsworth created and led. The committee requested 27 draft bills for the 69th legislative session, which were the subject of the controversial contract. In Eggleston's sworn statement, obtained during a videoconference and provided to the Daily Montanan, he states that he wrote the original two contracts — deemed illegal by legal staff in the Legislative Services Division — not Ellsworth, and that they were an 'initial draft' that he knew 'would not just all be signed and agreed upon by everybody as originally submitted.' The two contracts split analysis of the bills for flat fees of $88,200 and $81,900, payable in advance. The bifurcated contract was called out in the audit report as having 'no logical reason… other than to unlawfully avoid oversight' by the Department of Administration, which oversees procurements greater than $100,000 and rolled the contracts into one agreement to try to rectify the situation, although time ran short to follow the proper procedure for doing so. Eggleston, however, states that he split up the contracts as an 'internal business decision' he made 'based off the volume of work and how I was set to accomplish fulfilling that work.' Splitting the contracts, he said, would make it easier for him to subcontract the work, hire his own staff, or relinquish a contract, without losing all the work. 'That is just me trying to leave my options open for the future, not knowing exactly how I'm going to fulfill those obligations, although knowing that I would fulfill those obligations,' Eggleston said. The interim judicial committee had earlier rejected a suggestion from Ellsworth to hire a college student at low cost to do similar analysis work, and opted to use in-house staff to help at no cost at all. However, Ellsworth and Eggleston have maintained that the contracted work was far more involved than the work discussed during committee. Agile Analytics, Eggleston's consulting company, was registered with the Secretary of State's office in 2024. He said in his testimony his reason for forming the business was to 'complement my skills and actually grow a successful business.' Eggleston said he has a long history of business management, considers himself an 'operational management expert,' and has been interested in political consulting. He also has a background in entertainment, but no other consulting business presence online. He previously worked with Ellsworth at his subscription magazine service. Eggleston said the conclusion that what Ellsworth did was illegal or intentionally malicious is false, but due to the political nature of the contracts once they came to public light, Eggleston signed a termination notice on Jan. 19. No payments were made on the contract, despite Eggleston submitting his first invoice. On Jan. 22, current Senate President Matt Regier sent a mutual termination notice to Eggleston, which included a release of all liabilities. Eggleston declined to sign the mutual termination and liability release, saying he was not prepared to waive liability or claims since he has 'been defamed and slandered and my reputation has been significantly harmed.' Mell's letter accuses Regier of trying to undermine and 'discredit Ellsworth, not protect state resources,' since he waived all claims associated with the contract prior to the auditors investigation, and that Regier 'apparently knew of the proposals prior to final execution' but did not do anything to stop them.' Regier has said he did not have knowledge of the deal, and at least one member of the judicial oversight committee said Ellsworth acted on his own, and contrary to the committee's wishes. The controversy has had repercussions in the rest of the Senate, which already started the 2025 session at a slow pace after a separate political fight pit Ellsworth against Republican leadership. The upcoming ethics committee investigation could continue to burden busy lawmakers, although they disagreed to what degree. Ahead of the first meeting of the Ethics Committee at 4 p.m. on Wednesday afternoon, the Senate removed the committee chairwoman. The Senate Ethics Committee is a four-member bipartisan committee, comprising two Democrats and two Republicans. Sen. Sue Vinton, R-Billings, was initially the committee's leader. However, Vinton last week wrote an opinion piece in state newspapers claiming that the Democratic minority was 'propping up' Ellsworth's alleged corruption. Vinton told reporters she 'reluctantly agreed' to the removal, adding that she has the most experience within her caucus with legal proceedings. The Senate voted 39-11 to remove Vinton and replaced her with Sen. Forest Mandeville, R-Columbus. Meanwhile, Senate President Regier announced he had hired Matthew Monforton, a Bozeman attorney and former legislator, as outside counsel for himself and the GOP majority leadership to help with the ethics committee investigation in a 'prosecutorial' role. 'He's very knowledgeable about the building and the politics that go along with doing something like this,' Regier told reporters. In an additional statement Wednesday morning, Regier added that, 'There are few if any attorneys in Montana who are simultaneously as politically independent and knowledgeable about the Legislature as Mr. Monforton,' adding that Monforton is 'very much on the record expressing disdain for both major political parties.' Monforton served in the Legislature as a Republican, but broke with the party following the Jan. 6, 2021, riots at the U.S. Capitol. On his social media pages, Monforton has made several disparaging posts about Ellsworth and his role in dividing the GOP and slowing down the Senate in the early days of the Legislature. Speaking to the Daily Montanan, Monforton said his social media posts shouldn't disqualify him from his position. 'First of all, I've made criticisms about almost every member of the legislature. Second of all, I make no pretense about being neutral. My task is to be the de facto prosecutor working on behalf of the ethics committee, and present evidence about the allegations about Senator Ellsworth, and appropriate disciplinary measures,' Monforton said. 'I am not a neutral person in this.' Monforton's contract shows he was hired for $250 an hour, not to exceed $15,000 of work. The contract also states that his services 'may' include acting as counsel for the ethics committee.' Senate Democrats have expressed reservations about Monforton's role with the committee. 'Whoever is hired as the attorney for the Ethics Committee needs to be fair, non-partisan and acceptable to all committee members. I have concerns that the individual hired is a well-known partisan attorney in Montana, and this should be a nonpartisan process focused only on facts,' Sen. Laura Smith, D-Helena, a former federal prosecutor and member of the ethics committee, said in a prepared statement. Regier said that if Democrats on the committee want to hire their own counsel, he would provide funds to do so. The Senate has been slow in getting to its priorities this session, and in a meeting with reporters Tuesday, Senate Minority Leader Pat Flowers, D-Belgrade, said the investigation had the potential to slow it even more. He said four senators will be on the committee, and it would be 'a pretty demanding exercise' for them for a while. 'I just want to make sure that this doesn't become a political circus,' Flowers said. 'It's on the verge of that right now.' Senate Majority Leader Tom McGillvray, however, said the Senate would continue to move a lot of bills and policies that are priorities for Republicans. He said the committee would take time, but only for its members. 'It's not a distraction for the rank-and-file legislators that are moving bills,' said McGillvray, R-Billings.
