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Interior secretary urges Georgia governor to block mining plans near Okefenokee

The Okefenokee Swamp attracts some 650,000 visits each year and is a major economic driver in Ware, Clinch and Charlton counties. (Photo Georgia River Network)

(GA Recorder) — The pressure to block a mining project at the edge of the Okefenokee National Wildlife Refuge is intensifying: U.S. Interior Secretary Deb Haaland has written a letter to Gov. Brian Kemp expressing her “serious concerns” about plans that she says threaten the largest blackwater swamp in the nation.

The letter from the director of the federal agency tasked with protecting America’s natural resources comes in the final stages of Twin Pines Minerals applying for permits from the state Environmental Protection Division. The company wants to dig for heavy metals along 582 acres located three miles away from the refuge that straddles the Georgia-Florida border.

“I strongly recommend that the State of Georgia not move ahead with approval for this proposed mine in order to ensure that the swamp and refuge are appropriately protected, consistent with all appropriate legal processes,” Haaland wrote to the Republican governor.

Haaland’s sentiments are echoed by conservationists, Okefenokee park officials, and many others who say mining will threaten a swamp that is home to endangered animals and 600 plant species and a popular tourist destination for paddlers and nature enthusiasts.

The Alabama-based company says it will use a mining process to remove titanium dioxide, a pigment found in white paint and plastics, without endangering one of the Southeast’s most diverse ecosystems.

The mining would occur along Trail Ridge, a hydrological divide between the Okefenokee National Wildlife Refuge and St. Marys River.

Haaland, who visited the swamp in the fall, said that the proposed mining activity poses serious risks to the long-term hydrology and future of the swamp’s ecosystem, concerns that have also been expressed by the U.S. Fish and Wildlife Service. Among the concerns is that the mining will lower the water level in the swamp while making the area more susceptible to severe droughts.

“We are not alone in this assessment, as some of the preeminent experts on this ecosystem and hydrology at the University of Georgia have also raised the alarm about the threat that this type of mining activity in this area poses to the swamp,” Haaland said in the letter.

She also raised concerns about the potential impact to cultural values, referring to the swamp’s role as part of the Muscogee (Creek) Nation ancestral homeland. Tribal members view the Trail Ridge landscape feature at the center of the mining proposal as a likely travel corridor used by their ancestors, she said.

The mining proposal, she wrote, “poses an unacceptable risk to the long-term hydrology and future of the swamp ecosystem and these cultural values.”

Haaland wrote the letter on Nov. 22, but the missive was not widely circulated until this week. Kemp’s office did not immediately respond to a request for comment Thursday.

Click here to read the letter

Kemp has refrained from publicly giving his opinion on Twin Pines’ plans, leaving it to the EPD to make the final decision. A 60-day public comment period will be opened once the EPD decides the application process complete.

Among the responsibilities of the Department of the Interior are the management of wildlife refuges and other public lands, and providing protection to Native American tribes.

Steve Ingle, the president of Twin Pines, strongly rebuked Haaland’s letter as a desperate plea to the governor that he argued should be ignored. Ingle compared it to the U.S. Army Corps of Engineers’ reversing its decision to take back oversight of the permit process in order to get more input about the mine’s potential harm to Muscogee Creek Nation burial grounds.

“The attempts to distort the truth and shut down this project get more desperate as we get closer to a permit,” Ingle said in a statement. “It is an extremely sad reflection on those in power. It is just one more, non-fact-based, disturbing appeal by the Secretary of the Interior and is consistent with the emotional decision they made with respect to the U.S. Army Corps of Engineers to revoke the jurisdictional determination last year. That attempt was quickly pulled back because there was no legal basis for it.”

The Charlton County Commission has endorsed the mining plan, saying it will provide hundreds of good-paying jobs to the region. Ingle stated that the operations would be miles away from the refuge boundary.

“At the end of the day, everyone needs to remember, our so-called ‘mining’ is nothing more than temporarily extracting sands and soils to levels comparable to the height of a typical home roofline and replacing it with a covering of natural, native plant species,” he said.

Atlanta attorney Josh Marks compared Haaland’s letter to U.S. Secretary of the Interior Bruce Babbitt’s opposition in the 1990s to DuPont’s proposal to strip-mine titanium from 38,000 acres near the boundary of the Okefenokee.

The intense pressure from environmental groups and the federal government led to DuPont pulling its request in 1999.

Marks fought DuPont’s project as a Sierra Club activist then and is now fighting Twin Pines’ plans that could encroach farther into the Okefenokee with the company eyeing thousands more acres to mine in the future.

“It is great to see Sec. Haaland speaking out for the Okefenokee and against TPM’s dangerous project,” Marks said in a message. “This is now the second Interior Secretary I’ve met who has shown extraordinary leadership on the swamp’s behalf.

“Sec. Babbitt did the same thing 25 years ago in opposing DuPont’s (Okefenokee) proposal,” Marks said. “And hopefully Gov. Kemp will listen to her just as Gov. Zell Miller listened to Sec Babbitt, and say no to (Twin Pines).”

A bipartisan group of lawmakers have said they plan to refile legislation next year that would prevent further mining around the Okefenokee along Trail Ridge.

And the Southern Environmental Law Center is challenging in federal court the Corps’ decision in August to return control of the project to the state Environmental Protection Division.

Jamie Rappaport Clark, president and CEO of Defenders of Wildlife, praised Haaland for highlighting extensive research and advocating on behalf of scientists, elected officials and agency leaders.

“Digging near Okefenokee, or any wetland, is reckless and wrong-headed, period. Allowing any mining in the vicinity of Okefenokee could lead to a catastrophic draining of the swamp which would irreparably transform it from the vibrant and biodiverse wilderness we know today,” she said in a statement.

Rena Peck, executive director of the Georgia River Network, said Haaland’s input should be strongly taken into account by the state along with the tens of thousands of letters, emails and calls pressuring the governor’s office and EPD to deny the permit.

“As an outdoorsman we are hopeful the governor will save the swamp and the outdoor recreation economy that depends on it,” she said.

Ingle, however, argues the pushback has been hyperbolic since the early stages of the proposal when he said the U.S. Fish and Wildlife Service ignored science and instead “created hysteria” that became “full-blown partisan, weaponizing the regulatory process to achieve its objective.”

“That is not supposed to be the American way,” he said. “We have followed the regulatory process in good faith from the beginning with an abundance of science demonstrating provable methodologies and will continue to do so.”

Van driver sent to hospital after rear-ending truck on GA 365

A rear-end collision on GA 365 in Baldwin injured a driver who’s now charged with misdemeanor marijuana possession and DUI.

Leonard Bailey of Flowery Branch was driving a Honda Odyssey Touring van north on Highway 365 around 2:42 p.m. Thursday when the crash occurred. Troopers say Bailey was following too closely and ran into the rear of a Chevrolet Spartan box truck near Kudzu Hill Drive. After impact, the van traveled off the right shoulder of the highway and struck a ditch.

The box truck was owned by Safety Plus Incorporated of Cornelia. It was being driven by 33-year-old Brandon Lathan of Mount Airy. Neither Lathan nor his passenger, 37-year-old Zachary Terrell of Baldwin, were injured.

Habersham EMS transported the 57-year-old Bailey to Northeast Georgia Medical Center in Gainesville with possible serious injuries. Authorities say he had less than an ounce of marijuana on him at the time of the wreck.

A state trooper from Georgia State Patrol Post 7 in Toccoa investigated the crash and charged Bailey with following too closely, possession of less than an ounce of marijuana, and driving under the influence.

It was the second serious injury wreck state troopers investigated GA 365 in Habersham County on December 8.

An early morning wreck at the intersection of Antioch Church Road near Clarkesville seriously injured a Toccoa man. A Cornelia teenager was taken to the hospital for treatment of minor injuries.

Allegations of false statements surface following Habersham’s approval of $3.4 million airport loan

Habersham County Airport Manager Will Regan addresses the county board of commissioners on Nov. 21, 2022. Following his presentation, commissioners approved a $3.4 million loan to the airport to build 24 new hangars. (livestream image)

Questions are mounting over the Habersham County Board of Commissioners’ recent approval of a $3.4 million loan to the county airport. Habersham County Airport Commission members claim airport manager Will Regan misled county officials when he presented the proposal to them on November 21 asking for the loan.

Airport commissioners Dee Higgins and Andy Anderson both sent letters to county commissioners disputing Regan’s claims that the airport commission was aware of and in agreement with his plan to request $3,438,798 from the county to build 24 new hangars at the airport in Baldwin. Higgins and Anderson say they never saw the bids for the project, disputing what Regain told county commissioners.

Habersham County Chairman Bruce Palmer addressed the matter at the Airport Commission’s December 5 meeting.

“I’m sure there’s been some false statements that’s been made, and I won’t point fingers at who makes them, but there are things that happen and as Commissioners, we have to research our way through those things,” he said.

Palmer says he was at the Airport Commission meeting on September 12 when the airport commission voted to approve a hangar expansion project at a cost of up to $5.2 million.

“I know right before that, there was some talk about a called meeting to discuss those savings, but from the Board of Commissioners standpoint, whenever you all voted unanimously to approve going forward, that’s what we did, is we went forward,” he said.

At the November 21 meeting, local attorney, Doug McDonald warned the Commissioners that the Airport Hangar project that Regan would present to them that night had not been approved by the Airport Commission.  In fact, the Airport Commission had not seen the tabulation sheets for the project’s cost.

Following up on McDonald’s statements, Habersham County Commissioner Bruce Harkness asked Regan several pointed questions.

“You heard Mr. McDonald state that he didn’t believe that this proposal had been brought before the Airport Commission. Do you know if that is true or not true?”

Regan replied, “That is inaccurate. On September 12, the Airport Commission was held and this conversation, the same tabulation, with revenue projections was brought forth to the commission, and it was motioned by Chris Limbach, a member, and that was seconded by Justin Schpansky and voted unanimously by the board for this to be brought to you all tonight.”

McDonald interjected, “The bids weren’t even in then!”

To which Regan responded, “That’s inaccurate as well. The bid tabulation was certified by the Lead Edge Design Group, that’s our consultant, on September 7, 2022. That’s in your packet as well.”

Commissioner Harkness pressed on, asking Regan, “So this was, all these tabulations and all these documents, costs, and everything was presented to the Airport Commission, and then they approved to pass it on to us?”

To that, Regan replied, “Yes sir.”

Based on those assurances, the county commission voted 3-1 to approve the $3.4 million project to add 20 T-hangars and four 60’X60′ corporate-style hangars to the airport.

(nowhabersham.com)

NowHabersham has reviewed the approved Airport Commission meeting minutes for September 12. In those meeting minutes, the Airport Commission did vote unanimously to move forward with the Airport Hangar/Capacity project up to $5.2 million. However, there is no record of bid tabulations being presented or discussed. Likewise, there is no record of financing options or the Phase 1 Hangar project costing $3,438,798. There also is no record that the Airport Commission discussed or approved utilizing ARPA funds to pay for any portion of the Airport Hangar/Capacity project.

The only discussion related to the Airport Hangar project on September 12 was what revenues should or should not be included in a loan repayment. This discussion resulted in the Airport Commission setting a date for a work session to determine and designate those revenues that would be applied to a loan repayment. That meeting was set for September 22.

There are no meeting minutes for the September 7 meeting when the bid tabulations were reportedly opened and certified by Lead Edge Design Group.

Higgins expressed his concerns about the impact the loan could have on county taxpayers in a letter he sent to the board of commissioners on November 28. In that letter, Higgins directly refutes Regan’s claims.

Portions of his statement were read to the commissioners during the special called county commission meeting on December 1 and copies were made available to the public. Higgins wrote:

“It was brought to my attention that the BOC voted and awarded the bids for construction of two 10 unit T-hangars and two 60’x120’ box hangars at the November 21st, 2022 meeting. I would like to inform the BOC that the AC (Airport Commission) did not review the information that was presented to you. The AC has never been given the chance to see the bid tabulations that were included in the Executive Summary. The AC was never allowed to view any of the bid tabulations until voted on by the BOC. It was the intent of the AC to request/seek approval for funding from the BOC. If funding was approved, the bid tabulations would then be presented to the AC for review. The AC would then determine if the hangar project would be self-supporting based on proposed rental rates, loan information, and the construction contract amounts. A recommendation would then be made to the BOC from the AC regarding the project.

“I do feel that the AC supports the hangar construction, but not at the expense of the county taxpayer….”

In response to Higgins’ statement, county attorney Ralph Taylor sent a letter to the Airport Commission dated December 2. In that letter, Taylor clarifies the role of Airport Commissioners as established by county ordinance. He also defines the role of the county in awarding bids for public contracts. Georgia law is very specific about those procedures: Bids are submitted to the county, following established procedures, and there is no legal requirement for the bids to be presented to the Airport Commission for review or approval before the bid is awarded.

“I would encourage you as commissioners to speak with Commissioner Palmer with regard to any concerns or suggestions that you may have regarding the hangar project, or any other issues pertaining to the airport,” Taylor wrote.

Taylor’s response to the Airport Commission was seen by some as an attempt to circumvent the commission and stifle any discussion or debate.

That prompted Airport Commissioner Andy Anderson to submit his own lengthy letter in defense of Higgins and public discourse.

“…I objectively and subjectively support the hangar project. More so however, I support and respect the right to oppose and the desire to be represented accurately.

“There is herein a formidable mix of compensated public servants, well compensated contractors, as well as those volunteering their expertise and time without compensation. Given that diversity, there will always be conflict of interest and therefore an organizational culture of transparency should inarguably be the goal of all. Right or wrong, as a local government we have gone to significant length to silence or limit public comments and input during taxpayer related government meetings. Whether I agree with him/her or not, I find it impossible for me to silently watch as an appointed sub commission volunteer is indirectly “advised” to be silent or limit the audience for his/her clarifications, communications, and inquiries into matters, customers, and/or sub-contractors directly related to the business of the
commission he/she serves.

“Unfortunately, I am well versed in the inter commission communication as well as private communication related to the series of events that occurred during the BOC meeting on November 21, 2022. I am specifically speaking related to public comments in open meeting by Doug McDonald, questions rephrased multiple times by Bruce Harkness, and answers to those questions provided by the Airport Manager. I do not think any of these individuals had malicious or misleading intent. All three parties play an important role in the democracy of our local affairs, and I consider all three personal friends. Be that as it may, there was inaccurate information relayed that may have influenced the BOC vote. At least four Habersham County affiliated employees or contractors with full knowledge that the AC had never seen bid tabulations sat silent while the miscommunication occurred. Mr. Higgins felt obligated to clarify as he felt misrepresented.

“Mr. Higgins’s clarification email did not challenge the legality of the BOC vote on the bid process. His email did not question legal procedure. His email simply clarified to the BOC that the AC had not reviewed the information as was presented to the BOC.”

Anderson goes on to address his view of how the bid tabulations were handled:

“The hangar bids were opened in a non-closed-door fashion (I hesitate to say public). They were immediately deemed confidential and not shared with the AC. In and of itself, this feels wrong and warrants inquiry. The AC attempted to hold a work session to substantiate the hangar project’s ability to pay for itself. Given the lack of actual bid information, the validity of any numbers discussed was questioned. Whether I agreed with him or not, Mr. Higgins presented substantial opposition to the math suggested by the consultant. The work session ended without conclusion and the AC was told that there would be future opportunity to revisit the hangar rates and self-sustainability topic when actual bid and loan numbers were deemed suitable to be shared with the commission.”

“The answer to Bruce Harkness’s questions asking if the AC had seen this information should have been, “no, the AC has not seen the entirety and/or detail presented here tonight. The AC has not been allowed to see the bid tabulations. There is no legal requirement for the AC to see the bid tabulations. The airport commission evidently supports the project per their motion from the September meeting.

“…My intent is to strongly urge all administration and parties to embrace a culture of transparency, welcome inquiry into large expenses, welcome inquiry about sub-contractor invoices and practices, welcome customer intent verification when major long term liability decisions are being made based on reported intent of a county customer. Humans make mistakes. Commissions make poor choices. Sub commissions make unprepared proposals. We all have the responsibility to be good stewards of taxpayer dollars. As an appointed subcommittee, if we are not free to clarify, question, correct, inquire and/or if we are advised to limit those efforts to one outlet then we are advocating a culture of censorship in almost totalitarian manner. Great effort was made to dissolve an airport authority for lack of transparency and fairness, poor ethics, poor procedural practice, and basic lack of common sense. If an appointed AC member is not expected to provide a closer level of management oversight than is possible from a BOC position, not allowed to question, inquire, verify, and clarify, then why have a sub-committee at all?

“I am here to serve transparently but not here to tip toe or to be a rubber ‘yes’ stamp. Hopefully I remain a good fit for this Airport Commission.”

The Airport Commission members are appointed by the Board of Commissioners. They act as an advisory board to the county board of commissioners.

The county’s decision to loan the airport $3.4 million comes at a time when the county’s budget is under intense scrutiny. County Manager Alicia Vaughn has awarded top administrators significant salary and benefit increases and commissioners have approved a number of new positions this year while simultaneously raising taxes and informing the public they do not have enough money to fix the county’s roads and bridges or complete building projects voters approved in SPLOST VII.

Now Habersham reached out to Anderson, Higgins, and Vaughn for comment on this article. As of publication time, they had not responded.

Missing Mt. Airy man found safe

The Habersham County Sheriff’s Office says a missing Mt. Airy man has been located and is safe.

Authorities issued a public lookout for 38-year-old Joshua Hyatt on December 7. He went missing after driving away from his home in a pickup truck earlier that day.

On the night of December 8, the sheriff’s office updated its lookout to say Hyatt was safe, but did not offer any other details.

Cleveland man arrested after police find assault victim in back of his pickup

Jaread Grizzle (White County Detention Center)

A Cleveland man has been charged with aggravated assault and kidnapping after police found an injured man in the back of his pickup truck. Cleveland Police Chief Jeff Shoemaker says the suspect assaulted the man at an apartment complex and was trying to remove him from the scene when officers arrived.

A 911 caller reported a physical assault with weapons at 223 Bryant Street around 1:15 a.m. on Sunday, December 4. When officers arrived, they located and stopped a pickup truck matching the description provided by witnesses.

“The driver of the pickup truck was detained, and officers located a male victim who had sustained significant injuries to his body in the bed area of the truck. Immediate medical attention was rendered to the victim, who was later taken by ambulance for medical treatment,” says Shoemaker.

Shoemaker says the driver, 35-year-old Jeread David Grizzle, was identified as the aggressor and was taken into custody. He says the assault resulted from an ongoing dispute between known parties and was not a random act of violence.

Police have not released the victim’s name.

Officers arrested and charged Grizzle with kidnapping, false imprisonment, aggravated assault, battery, criminal damage to property, and DUI. They booked him in the White County Detention Center where, as of December 8, he remained without bond.

The Cleveland Police Department and Appalachian Regional Drug Enforcement Office are investigating the case.

Anyone with information about the incident is asked to contact Lt. Sims at 706-865-2111.

General Joe Jordan Breedlove (USA Ret.)

General Joe Jordan Breedlove (USA Ret.), age 85, of Clarkesville, passed away on December 5, 2022.

Funeral services will be held at 2:00 PM, Monday, December 12, 2022, at Bethlehem Baptist Church, with visitation to be held before the service from 12:30 p.m. until 1:30 p.m.

Interment will follow the service in Hillside Gardens Cemetery. Full military General Officers honors will be provided by the United States Army, Ft. Gordon, Georgia.

In lieu of flowers, the family request that memorials be made to Bethlehem Baptist Church Building Fund, PO Box 488, Clarkesville, GA 30523 (bbcofclarkesville.org) or to Samaritan’s Purse for Operation Christmas Child, PO Box 3000, Boone, NC 28607 (samaritanspurse.org).

An online guest book is available for the family at www.hillsidememorialchapel.com.

Funeral arrangements are in the care and professional direction of Hillside Memorial Chapel & Gardens, Clarkesville. 706-754-6256

Harry Caudell

Harry Caudell, age 76, of Mt. Airy, Georgia, after an extended illness, passed away to be with the Lord on Wednesday, December 7, 2022.

Born on November 12, 1946, in Banks County, Georgia, he was the son of the late Hoke and Addie Newsome Caudell. In addition to his parents, he was preceded in death by his brothers, Theodore, Everage, Hoke, Jr., Ulysess; sisters, Bobbie Joe, Evelyn; father-in-law, LM Chastain; and brother-in-law, Doug Faulkner.

Mr. Caudell was a successful business owner of a furniture company for over 30 years. He spent numerous years with the Boy Scouts of America, was active with the Order of the Arrow, and a recipient of The Silver Beaver Award. In addition, he spent years coaching youth sports in Habersham County. Mr. Caudell was a member of Hazel Creek Baptist Church. Harry’s hobbies included gardening, racing cars, being an avid hunter, and playing cards. He loved to spend time with his family and friends, especially his grandchildren.

Survivors include his loving wife of 53 years, Frances Caudell, of Mt. Airy; sons and daughters-in-law, Lee and Julie Caudell, of Mt. Airy; Mark and Kristy Caudell, of Mt. Airy; brother, Douglas Caudell, of Toccoa; sister, Catherine Boone, of Atlanta; sister, Sandra Caudell, of Homer; grandchildren, Ava, Thomas, Maya, Luke, Koen; mother-in-law, Marie Chastain, of Mt. Airy; and sister-in-law, Patti Faulkner, of Mt. Airy.

The family would like to extend special thanks to Mr. Caudell’s caregivers, April Frady and Hope Gilleland.

Funeral Services will be held at 11:00 a.m., Saturday, December 10, 2022, at the Whitfield Funeral Home, North Chapel, with Rev. Trent Smith and Rev. Billy Burrell officiating. Interment will follow in the Hazel Creek Baptist Church Cemetery.

The family will receive friends from 5:00 p.m. to 8:00 p.m., Friday, December 9, 2022, at the funeral home.

In lieu of flowers, memorial donations may be made in Mr. Caudell’s memory by donating Christmas Gifts to families in need.

Arrangements have been entrusted to the Whitfield Funeral Homes & Crematory, North Chapel at 245 Central Avenue, Demorest, Georgia 30535. Telephone: 706-778-1700

Bernard Freeman Hutchins, II

Bernard Freeman Hutchins, II, age 75, passed away November 11, 2022, in Jensen Beach, Florida.

Mr. Hutchins was born on December 7, 1947, in Bath, Maine. He was the son of Bernard and Barbara Hutchins. He lived in Cornelia with his loving wife, Jacquelyn, who passed away in 2019.

Survivors include his daughter Lisa Kraft of Jensen Beach, Florida, sister Kathleen Cheek of Mt. Airy, sister Deborah Cruse of Lake Worth, Florida; grandchildren Michael Kraft of Stuart, Florida, Hailey Kraft of Fort Pierce, Florida; great-grandchildren Eliza Kraft and Theodore Kraft of Stuart, Florida as well as brother in law and friend Jeff Spodick of Port St. Lucie, Florida.

Private interment was held in Hillside Gardens Cemetery, Clarkesville, Georgia.

An online guest book is available for the family at www.HillsideMemorialChapel.com.

Arrangements are in the care and professional direction of Hillside Memorial Chapel & Gardens, Clarkesville, Georgia. (706) 754-6256

Toccoa man seriously injured in wreck on GA 365

A wreck early Thursday at the intersection of GA 365 and Antioch Church Road injured an elderly Toccoa driver and a Cornelia teenager.

The Georgia State Patrol says 77-year-old Curtis Tollison was driving a Chevrolet Astro van and failed to yield after stopping at the stop sign. He pulled into the path of a northbound Chevrolet Colorado pickup truck driven by 17-year-old Samantha Hayes.

The wreck, which happened around 7:25 a.m. on December 8, sent both drivers to the hospital.

Habersham EMS transported Tollison to Northeast Georgia Medical Center with suspected serious injuries. Hayes was taken to Habersham Medical Center in Demorest to be treated for possible minor injuries.

A trooper from Georgia State Patrol Post 7 in Toccoa investigated the crash. According to the GSP report, charges are pending.

Drug sentencing ruling hinges on definition of simple, common word

The dictionary definition of the word "and" is pictured from the American Heritage dictionary. (Credit: Orlando Montoya / GPB News)

An 11-judge panel has opened the door for more drug offenders with modest criminal histories to avoid harsh mandatory minimum sentences in federal courts in three states, including Georgia.

The ruling, issued Tuesday by a divided Atlanta-based 11th U.S. Circuit Court of Appeals, hinged on the definition of a single, common word: “and.”

When Congress passed and then-President Donald Trump signed the First Step Act in 2018, the law gave offenders a “safety value” that allowed them to escape certain mandatory minimum sentences, but only if they did not meet three conditions, related to an offender’s criminal history.

These conditions were joined in the law by the word “and.”

“Basically, you’re eligible for the safety valve unless you have too many criminal history points PLUS a prior serious crime PLUS a moderately serious crime,” Georgia State University law professor Caren Morrison said.  “And that’s what the meaning of ‘and’ is.”

But prosecutors didn’t see it that way.

In a Florida case, the government argued that a defendant, Julian Garcon, was ineligible for the safety value because he met just one of the conditions and Congress clearly meant for the word “and” to mean “or.”

The “absurdity” of it was “clear” and “obvious,” they argued.

“I note that under the Majority’s interpretation, virtually every criminal defendant will pass [the law’s] requirements and qualify for safety-valve relief,” wrote judge Elizabeth Branch in a dissenting opinion.

The court’s majority, however, ruled that the word “and” really means “and.”

The result is that more offenders will be eligible for the relief, at least in Florida, Georgia and Alabama, where the court has jurisdiction.

Morrison notes that federal sentencing guidelines are based on the quantity of drugs.

“You don’t really need that much in order to face a mandatory minimum term of five years,” Morrison said. “It’s 500 grams of cocaine and 100 grams of heroin, which isn’t a lot.”

The U.S. Supreme Court might revisit the case because other U.S. Circuit Courts of Appeals have sided with prosecutors in such cases elsewhere, defining the word “and” in this law to mean “or.”

The ruling does not affect cases in state courts.

_________

This article appears on Now Habersham through a news partnership with GPB News

Baldwin celebrates ‘Angels Among Us’ at annual county Christmas parade

On a foggy, drizzly Tuesday night in Baldwin, hundreds turned out to fill up on Christmas cheer and to cheer on the Angels Among Us. The theme for this year’s Habersham County Christmas Parade honored those who uplift, inspire, and have a profound impact on our lives.

Teachers, healthcare workers, law enforcement officers, first responders, faith leaders, scout leaders, and veterans were among those who were recognized.

Laura Saucedo Flores, the mother of slain Dekalb County Police Officer Edgar Flores, served as this year’s Grand Marshal. A graduate of Habersham Central High School, Edgar grew up in Baldwin. He was killed four years ago in the line of duty. Baldwin respectfully chose this evening as an opportunity to honor his memory and the family he left behind.

Dekalb County Police Chief Mirtha Ramos was among the officers who made the two-hour drive from Dekalb to Habersham County on December 6 to escort the Flores family in the parade. They later attended a dedication ceremony of a memorial marker for Officer Flores in Baldwin’s new city park.

Dekalb’s participation was a reminder that communities are not simply formed by geographic proximity, but by moments and memories and bonds of the heart.

On this hazy night in Baldwin, that sense of community was real amid the lighted floats, sirens, and delighted squeals of young children.

Habersham Central High’s Band of Blue accompanied the mile-long procession. The Grinch made several appearances, as did white-robed angels who walked and rode on flatbed trucks and trailers to honor the true angels among us.

Baldwin Elementary School’s float celebrated teacher Shannon Gibson, this year’s Georgia public school Pre-K Teacher of the Year. And the Habersham Christian Learning Center celebrated some of its angels, adorning its lighted bus with photos of women who have made significant contributions to the Center through the years. Among those whose contributions and memories HCLC celebrated are the Center’s founder and former director Sylvia B. Palmer and long-time Habersham County educator Nancy Bates.

Always a crowd pleaser, HEMC and Trailwave decorated a bucket truck and trailer with thousands of beautifully wrapped lights as a screen on the front of the truck played a video about their services and team. (nowhabersham.com)

Habersham EMC and Trailwave ‘electrified’ the crowd with a bucket truck and trailer decked out with Snoopy and thousands of beautifully wrapped lights.

At the end of the parade, Santa Claus rode into town aboard the Baldwin Fire Department’s ladder truck. He was met by the excited waves of young children thrilled to catch a glimpse of him.

The parade was emceed by Habersham Broadcasting’s Peter J. Callahan of 107.7 the Breeze. It was an evening of seasonal celebrating beautifully mixed with a reminder to all of the goodness that surrounds us in our community every day of the year.

Griner freed: WNBA star swapped for Russian, heads home

In this image made from video provided by Russian Federal Security Service, WNBA star and two-time Olympic gold medalist Brittney Griner sits in the plane as she flies to Abu Dhabi to be exchanged for Russian citizen Viktor Bout, in Russia, Friday, Dec. 9, 2022. (Russian Federal Security Service via AP)

WASHINGTON (AP) — American basketball star Brittney Griner headed home Thursday night, freed from Russian prison in exchange for the U.S. releasing notorious Russian arms dealer Viktor Bout in the culmination of an eight-month saga of high diplomacy and dashed hopes.

But the U.S. failed to win freedom for another American, Paul Whelan, jailed in Russia for nearly four years.

The deal, the second in eight months amid tensions over Russia’s invasion of Ukraine, secured the release of the most prominent American detained abroad and achieved a top goal for President Joe Biden. Yet it carried what U.S. officials conceded was a heavy price.

“She’s safe, she’s on a plane, she’s on her way home,” Biden said from the White House, where he was accompanied by Griner’s wife, Cherelle, and administration officials.

Biden’s authorization to release Bout, the Russian felon once nicknamed “the Merchant of Death,” underscored the heightened urgency that his administration faced to get Griner home, particularly after the recent resolution of her criminal case on drug charges and her subsequent transfer to a penal colony. Griner, who also played pro basketball in Russia, was arrested at an airport there after Russian authorities said she was carrying vape canisters with cannabis oil.

Griner is a two-time Olympic gold medalist, Baylor University All-American and Phoenix Mercury pro basketball star, whose arrest made her the most high-profile American jailed abroad. Her status as an openly gay Black woman, locked up in a country where authorities have been hostile to the LBGTQ community, injected racial, gender and social dynamics into her legal saga and brought unprecedented attention to the population of wrongful detainees.

The Russian Foreign Ministry confirmed the swap, saying in a statement carried by Russian news agencies that the exchange took place in Abu Dhabi and that Bout had been flown home. Russian media showed Griner walking off a Russian plane in Abu Dhabi where she was greeted by a U.S. official. Two Russians greeted Bout with a hug.

Later, Russian TV showed Bout walking off the plane on a snow-covered tarmac in Moscow, his mother and wife hugging him, giving him flowers.

Biden spoke by phone with Griner, and she was expected back in the U.S. within 24 hours, Biden said. U.S. officials said she would be offered specialized medical services and counseling.

Both Russian and U.S. officials had conveyed cautious optimism in recent weeks after months of strained negotiations, with Biden saying in November that he was hopeful that Russia would engage in a deal now that the midterm elections were completed. A top Russian official said last week that a deal was possible before year’s end.

Even so, the fact that the deal was a one-for-one swap was a surprise given that U.S. officials had for months expressed their determination to bring home both Griner and Whelan, a Michigan corporate security executive jailed in Russia since December 2018 on espionage charges that his family and the U.S. government have said are baseless.

“We’ve not forgotten about Paul Whelan,” Biden said. “We will keep negotiating in good faith for Paul’s release.”

However, U.S. officials said they did not see an immediate path to bringing about Whelan’s release, saying Russia has treated his case differently because of the “sham espionage” charges against him. Still, they said they believe communication channels with the Russians remain open for negotiations for his freedom.

“We didn’t want to lose the opportunity today to secure the release of one of them,” said Secretary of State Antony Blinken.

Whelan’s brother David said in a statement he was ” so glad” for Griner’s release but also disappointed for his family. He credited the White House with giving the Whelan family advance notice and said he did not fault officials for making the deal.

“The Biden administration made the right decision to bring Ms. Griner home, and to make the deal that was possible, rather than waiting for one that wasn’t going to happen,” he said.

In a statement released by Griner’s agent, her family thanked the Biden administration as well as the Whelan family, who they said “have been generous with their support for Brittney and our family during what we know is a heartbreaking time.”

In releasing Bout, the U.S. freed a former Soviet Army lieutenant colonel whom the Justice Department once described as one of the world’s most prolific arms dealers. He was arrested in Thailand in 2008 and extradited to the U.S. in 2010.

Bout was serving a 25-year sentence on charges that he conspired to sell tens of millions of dollars in weapons that U.S officials said were to be used against Americans. Biden issued an executive grant of clemency to free the arms dealer from a federal prison in Illinois to effect the prisoner swap.

The deal drew criticism from some prominent Republicans, including House Minority Leader Kevin McCarthy, his party’s nominee to become speaker once the GOP retakes control of the chamber in January.

“This is a gift to Vladimir Putin, and it endangers American lives,” he said of Bout’s release. “Leaving Paul Whelan behind for this is unconscionable.”

The U.S.-Russia exchange was carried out despite deteriorating relations between the powers prompted by Moscow’s war against Ukraine. The White House said Kyiv was provided assurances that the terms were limited to the prisoner swap and would not impact U.S. support for Ukraine’s defense.

Over the summer, the imprisonment of Americans produced the highest-level known contact between Washington and Moscow — a phone call between Blinken and Russian Foreign Minister Sergey Lavrov — in more than five months.

In an extraordinary move during otherwise secret negotiations, Blinken revealed publicly in July that the U.S. had made a “substantial proposal” to Russia for Griner and Whelan. Though he did not specify the terms, people familiar with it said the U.S. had offered Bout.

The public overture drew a rebuke from the Russians, who said they preferred to resolve such cases in private, and carried the risk of weakening the U.S. government’s negotiating hand for this and future deals by making the administration appear desperate. But the announcement also communicated to the public that Biden was doing what he could and to ensure pressure on the Russians.

The release also followed months of back channel negotiations involving Bill Richardson, the former U.S. ambassador to the United Nations and a frequent emissary in hostage talks, and his top deputy, Mickey Bergman.

Following Griner’s arrest at Moscow’s Sheremetyevo Airport in February, she pleaded guilty in July but still faced trial because admitting guilt in Russia’s judicial system does not automatically end a case.

She acknowledged in court that she possessed the canisters with cannabis oil but said she had no criminal intent and their presence in her luggage was due to hasty packing.

Before being sentenced on Aug. 4 and receiving a punishment her lawyers said was out of line for the offense, an emotional Griner apologized “for my mistake that I made.” She added, “I hope in your ruling it does not end my life.”

Her supporters had largely stayed quiet for weeks after her arrest, but that approach changed in May once the State Department designated her as unlawfully detained. A separate trade — Marine veteran Trevor Reed for Konstantin Yaroshenko, a Russian pilot convicted in the U.S. in a cocaine trafficking conspiracy — spurred hope that additional exchanges could be in the works.

Whelan has been held in Russia since December 2018. The U.S. government also classified him as wrongfully detained. He was sentenced in 2020 to 16 years in prison.

Whelan was not included in the Reed prisoner swap, escalating pressure on the Biden administration to ensure that any deal that brought home Griner also included him.

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By Eric Tucker, Matthew Lee and Zeke Miller. Associated Press writers Colleen Long and Aamer Madhani contributed to this report.