Las Vegas Review-Journal

Whitaker cited in bid to drop LV drug case

- By David Ferrara Las Vegas Review-journal

A pair of Las Vegas lawyers asked a federal judge Tuesday to throw out drug conspiracy charges against their client, arguing that President Donald Trump’s appointmen­t of Matthew Whitaker as acting U.S. attorney general was unconstitu­tional.

“The defense finds itself in uncharted territory,” attorneys Gabriel Grasso and Michael Pariente wrote. “The historical events currently taking place within the United States Federal Government, with a President under investigat­ory fire clearly seeking to somehow turn the controvers­y towards his own advantage, has resulted in a never before seen manipulati­on of the (Federal Vacancies Reform Act). These presidenti­al battle plans have consequenc­es. One of those consequenc­es has landed The idea that Mr. Whitaker being confirmed in 2004 to become the U.S. Attorney in Iowa allows him to serve as the attorney general today lacks merit. squarely in the lap of the accused.”

Whitaker was appointed last year as chief of staff to then-attorney General Jeff Sessions. He became acting attorney general last week after Sessions resigned.

The defendant, Oliver “Sonny” Maupin, is a 61-year-old Las Vegas businessma­n, according to his lawyers. He was indicted in Iowa last year on a federal charge of conspiracy with intent to distribute 100 kilograms or more of marijuana.

Grasso said in a phone interview that Whitaker being named acting attorney general after charges came down against Maupin should have no bearing on the motion to throw out the case.

“What the defense alleges in this motion as a violation of federal law is not window dressing,” the filing from the Las Vegas attorneys states. “It goes to the core of the validity of the Department of Justice and how that arm of the

MOTION

New Senate Majority Leader Kelvin Atkinson, D-las Vegas, said the long play is more important than ramming through a bunch of legislatio­n that pleases only one side.

“We have the opportunit­y to do great things, but I also think we’ll have to temper some folks,” he said. “We need toknowwhat­wecanpush andwhatwec­andotomake surethatwe­canhavethe­majority for quite some time, not just a session.

“We need to make sure that we don’t want to be so drastic in our policies that it turns people against us.”

Atkinson said he doesn’t expect the caucus’ priorities to change much from 2017, and he wants to see bills dealing with community solar projects and collective bargaining. Gov. Brian Sandoval vetoed similar laws in 2017, when he denied 41 bills.

Assembly Speaker Jason Frierson, D-las Vegas, said he has requested a bill vetoed last session that dealt with paying prevailing wages on school constructi­on projects. But he also said he doesn’t want the next session to be simply a rehash of 2017.

“I am not interested in a revisit of every single thing we didn’t get our way last session,” he said.

Frierson called the fears expressed on the campaign trail that Democrats would turn Nevada into California “rhetoric.”

“I have recruited some great candidates with ideas of their own,

but they know that my interests are passing good policies that represent Nevada interests, not California or any other state,” he said.

Both Frierson and Atkinson said they will push for a bill banning bump stocks in Nevada — a measure that was also supported by Sisolak and that was requestedd­aysafterth­eroute 91 Harvest festival shooting on Oct. 1, 2017.

The lawmakers plan to look at an initiative approved by Nevada voters in 2016 that called for the FBI to conduct expanded background checks on firearm purchases. The initiative could not be implemente­dbecausest­atescan’t mandate the allocation of federal resources.

Assembly Minority Leader Jim Wheeler, R-gardnervil­le, said that despite being in a superminor­ity (Democrats hold a 29-13 advantage in his chamber), Republican­s don’t plan to abandon their priorities, and they will push for legislatio­n dealing with school safety, education and mental health initiative­s.

“Those are some big things where I think we can work together with them,” he said.

Supporting a potential ban on bump stocks would be “up to the individual lawmaker,” Wheeler said.

As for his counterpar­ts’ talks of tempering their expectatio­ns, he said he expects Democrats will “try and ram some stuff through, but I don’t know what that is.”

Contact Colton Lochhead at clochhead@reviewjour­nal. com or 775-461-3820. Follow @Coltonloch­head on Twitter.

 ??  ?? Matthew Whitaker
Matthew Whitaker
 ??  ?? Kelvin Atkinson
Kelvin Atkinson
 ??  ?? Jason Frierson
Jason Frierson

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