We start this week’s discussion with a recap of President Trump’s visit to Clive on Tuesday. Trump spoke for a little over an hour, and stressed the importance of keeping republican control of congress. The President also highlighted new John Deere jobs being created in other states, while the company has downsized in Iowa in recent years. The team also discusses how to cover a president that stretches the truth as much as Trump. We also get into the effect Trump’s stop will have on Rep. Randy Feenstra’s run for governor. Feenstra was not given a speech slot on stage, and was not highlighted much during Trump’s remarks. Congressman Zach Nunn, who likely will have a tough race in Iowa house district 3, did speak before Trump and touted some of his bipartisan bona fides.

Laura has been following the lawsuit Donald Trump filed against the Des Moines Register and pollster Ann Selzer last year regarding Selzer’s presidential poll in 2024, and she gives us an update on the hearing she attended Friday just before we recorded.

Kathie takes us home with information from a piece her reporter at Cami Koons at Iowa Capital Dispatch recently published about the eminent domain/carbon pipeline issue. This has been an ongoing issue in the legislature for several years, and there’s still contention within both the republican and democratic parties in the state.

Thanks for following along whether you’re watching, listening, or reading. Please pass us along to a friend, and please consider contributing financially thru a paid subscription if you’re able. Have a nice weekend!

AI generated transcript below:

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Welcome, everybody, to the Iowa Down Ballot Podcast.

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I’m Dave Price,

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joined by Kathie Obradovich and Laura Belin,

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a couple of our regular contributors,

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like regular,

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you’re on like every week,

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but also regular contributors to the Iowa Riders Collaborative,

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which is just taking over the state by storm.

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Hello, ladies.

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Happy Frigid Friday to you.

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Yes, it is.

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It is plenty chilly today.

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Oh, yes.

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This is going to be one of those conversations we can hopefully park in the back of

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our mind for fast forward a couple of months when we’re whining about,

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man,

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it’s so hot and humid outside.

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You can’t go anywhere.

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Exactly.

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okay so we had a vip visit to our great state this week president donald trump

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returned first time in 2026.

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i don’t know if they have a do they have a name of this tour thing that he’s doing

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all these midterm stops he’s doing all over the place but to my knowledge we are

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the first one right we were the first yes okay um there’s a lot of different ways

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we can we can dig into this but um

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He went, I should have timed it.

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It was like an hour and four or five or six minutes or something like that, I remember.

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Kathie,

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so many ways we can go on this,

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so many things he brought up,

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but big picture,

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his theme...

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I don’t know if Walmart still uses low,

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low prices,

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but he had like lower prices,

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I think,

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and the signs all over the place.

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So while he was kind of mocking Democrats,

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not kind of,

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he did mock Democrats for using the word affordability,

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which he used to talk about when he ran in 2024,

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but clearly they’ve realized they need to talk about financial stuff,

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right?

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Like it wasn’t ice, it wasn’t

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election is rigged signs it was lower prices so yeah he i mean he did uh of course

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uh complain about uh everything that he complained about before he was elected i

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mean it was like it was sort of a i mean if you played this speech um and then

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compared it to one that he you know during his um

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election campaign here,

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you know,

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two years ago,

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you probably would have trouble figuring out,

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OK,

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when what was the most recent one?

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I mean,

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it was all of his greatest hits and,

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you know,

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including,

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you know,

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blaming Joe Biden for everything.

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So, I mean, I was I listened to it from home because I also had a reporter covering the

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uh republican gubernatorial uh debate uh the same night so um so i was you know i

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was watching it waiting it’s like okay is this news is this news is this news it’s

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like it got pretty far into the speech before i was like okay but this may be all

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we get um he did not talk about um the ice uh situation up in minnesota at all he

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did you know make mention of

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some of the immigration talking points that we’ve heard before.

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But so I think that really the point of the speech was to persuade voters that the

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economy is,

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you know,

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great,

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or at least much better than they seem to think it is,

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and to try to undermine Democrats’ major talking points for the midterms.

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Also, he made a very, I would say, very blatant or very

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like,

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uncoded plea to his base saying,

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you know,

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all of the things that we accomplish that you like will be undone if we lose the

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House or the Senate in the midterms,

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which is not exactly...

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true because he would still be the president and so legislation that comes through

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a democratic house or senate doesn’t have to be signed into law by him but anyway

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he’s he is I think a saying and I think he also said several times that the party

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who holds the presidency typically loses at least half the Congress during the

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midterms and don’t let that happen to me so

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The deja vu aspect of it,

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I like that he’s still calling former state Senator Brad Zahn the Marlboro man.

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And he’s still talking about how Brenna Byrd endorsed him so early.

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So that was funny.

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I mean,

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I think from a news perspective,

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to me,

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the most newsworthy part was that he said that he’s going to sign,

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he’s going to do year-round E15 ethanol.

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But I thought he did that when he was running, didn’t he?

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Well, he, so here’s the thing.

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That was in

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There was a year-end funding bill at the end of 2024, and year-round E15 was part of that.

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And the members of the Iowa delegation were already posting on social media and

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bragging about how they got this into the bill.

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And then at the last minute,

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this was before Trump was even inaugurated,

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but he and Elon Musk basically blew up that funding deal.

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in December of 2024,

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and when they came up with a new continuing resolution,

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it didn’t have E15 in it anymore.

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So arguably, it’s Trump’s fault that this isn’t already law right now.

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But in any case, he said that he was going to do that.

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I thought that was interesting.

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He didn’t, though.

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He said that he was going to he trusted Speaker Johnson and he basically threw it

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back at Congress and he didn’t say he was going to do anything.

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You know, he just said he’s for it.

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He’ll sign it.

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But he’s he is, you know, he trusts Congress to do it.

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And guess what?

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We’ve got a funding package going through right now.

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uh today um which may or may not get through today we’ll see what happens but um

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e15 you’re on e15 is not in it um but chuck grassley’s already um you know put

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sending guest columns around complaining about it so so he did not get it done well

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okay well he anyway he he promised that it’s something that he would sign i thought

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it was an awkward moment for me was when

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He went on and on, and the Iowa Democratic Party was all over this.

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He went on and on about how John Deere,

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They’re opening a plant in North Carolina.

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It’s going to be really great.

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John Deere, great company.

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They’re expanding.

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And of course, Deere has laid off hundreds of employees this year.

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Thousands.

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If you go back the last two or three years, it’s thousands.

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But just this year alone, it’s hundreds.

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So I thought that that was that.

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I mean,

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the crowd didn’t seem to react to it,

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but I’m sure we’ll be hearing more from Democrats about that.

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Okay,

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there’s so many things I wanna talk to you too about this,

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but I would like to talk to you both as reporters,

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just to share a challenge I have.

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And that is, I struggle with Trump more than any politician I’ve ever covered.

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And my role in TV is like,

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I’m not an opinion guy,

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and we’re trying to,

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you try to play,

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I don’t wanna say down the middle,

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but whatever the right neutrality is,

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whatever.

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I really struggle,

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with especially with trump when he has an hour plus speech there are so many things

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you can try to tackle right and for me on tv i get a minute and a half two minutes

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to blab about it or do a story on it or whatever so that always is super hard the

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one thing though that he does for me that’s challenging is that he says

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certain things that are clearly not true in the and it’s not it’s not just that

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like um you know Kathie’s sweater is um yellow for those of you watching you know

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that it’s not yellow but you know something that’s demonstrably not not nothing

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like that and we’re all used to politicians tooting their own horns and i’m the

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greatest at this i’m the greatest so who cares about that stuff

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when he it’s the exaggeration stuff that he does like when he’s trying to prove a

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point that nobody was signing up for the military when Biden was in there because

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he ruined everything and in fact nobody would do anything that involved a uniform

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you know police fire blah blah blah blah now everybody is well obviously that’s not

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true the military didn’t have zero recruiting for four years under Joe Biden

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Now,

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you know,

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if there are stats that show that they’re recruiting better than they did,

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you know,

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whatever,

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that’s that’s legit.

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Right.

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And that’s just sort of like one example.

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But I really struggle sometimes when I’m standing there listening to the speech.

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You’re like, OK, that’s an exaggeration.

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And then you’re like, does it matter?

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Like, is it petty to do that stuff?

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And what does it mean that you’ve eliminated inflation?

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Well, obviously, you haven’t.

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if you’ve eliminated inflation that means it’s zero and economists would argue that

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that’s probably not a good thing right like you don’t really want it to be zero

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that also means none of us are getting raises all kinds of other stuff so i know

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this is sort of a long-winded wind up to this but that’s just one thing maybe

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people don’t care about that stuff like when he there were a couple other ones and

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i should have i should have made a list of these things but there are a couple

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other ones i’m like okay well obviously that’s not true but maybe maybe people

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don’t care i don’t and i don’t know if that’s our role or not

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Yeah,

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I mean,

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so because as you said,

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you’ve got a wide ranging hour long speech,

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you know,

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I don’t have,

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you know,

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an entire staff of people to go back check everything he says.

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And furthermore,

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you know,

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a lot of the things that he does say,

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like I said,

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he said it before and it’s been back checked over and over and over again.

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So it doesn’t really serve,

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you know,

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especially if it’s stuff that we’re not writing about to say,

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oh,

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and by the way,

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he exaggerated this,

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that,

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and the other thing.

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But what we do try to make sure that we do is,

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you know,

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the things that we are writing about that we offer the context.

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So, you know, if we had been writing about military recruitment, for example,

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that would be a prime one where we said,

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you know,

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it would say,

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you know,

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military recruitment under Biden was blah,

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you know,

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compared to,

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you know,

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what it was in 2025,

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you know,

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if we have that data.

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So I do think,

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I do think that if it’s part of the story,

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it’s got to be,

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you’ve got to be fact checking those things.

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But you’re not going to fact check everything the man says.

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And like I said, a lot of it was repeat stuff that has already been

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ad nauseum fact and to answer your question his supporters do not care uh his

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opponents uh do and you know they get they get upset if you were to you know just

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publish a story about donald trump um that doesn’t offer that kind of context uh we

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had a story uh and not to get into too much inside baseball but

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States Newsroom,

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our parent company,

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had a story talking about Trump’s rollout of the Trump accounts this week.

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And these are sort of like retirement accounts that the federal government is going

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to throw $1,000 in for each new baby that is born.

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This was in the big, beautiful bill.

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So it’s just a rollout of something that was passed last summer.

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And

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You know,

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I looked at the story and it was basically topped with,

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you know,

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Trump tries to change the,

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you know,

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change the subject from his,

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you know,

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from Minneapolis and from, you know, food prices going up and stuff like that.

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And I was like, well, you know, some people may just be interested in this Trump accounts thing.

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I think it’s important to have that context in the story,

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but it’s not necessarily the lead,

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you know,

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so.

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I have a different editorial policy, so I’m not as constrained in that.

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I mean,

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I haven’t been writing about Trump speeches because there are so many other

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reporters covering Trump speeches.

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And I’m always looking for something that I can cover that’s different.

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But I do try to amplify other people’s fact checks of Trump.

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But it’s difficult because it’s the classic fire hose approach.

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And you really can’t, especially if you only have two minutes on the air or less,

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you absolutely can’t spend all of it going down the laundry list of everything he

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lied or exaggerated about.

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And even like lower prices,

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and I know this gets into semantics,

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but you can tell I have my University of Missouri shirt on,

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so I’m thinking of grad school.

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So I think that’s why I’m thinking more about journalism today.

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But even like lower prices, like inflation’s down, that doesn’t mean prices are down.

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That means prices are not going up as much,

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which continues the trend that was happening earlier.

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when he started now it is true that i believe it was 3-0 his first month in office

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and it’s 2-7 at the last report that i’ve seen so it has gone down but i made a

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joke to with somebody at the rally about this it’s like going to the doctor and you

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haven’t gained as much weight this year as you gained last year

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So yeah, you can kind of celebrate it.

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However, that wasn’t really your goal, right?

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If you were trying to lose a couple of pounds and,

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and I’m not trying to be snotty or whatever,

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but it’s just sort of,

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sort of the semantics of it.

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And he’s amazing at messaging and branding and all that kind of stuff.

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But I’m like,

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I mean,

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there are a lot of things if inflation is going up,

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then overall things are not cheaper than they were before.

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But that’s all right.

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That’s my that’s my journalism.

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Persuiting people that the that the economy is not as bad as you think it is is difficult.

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Joe Biden tried to do it as well.

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He had a lot of data, you know, that said, you know, objectively that, you know, post pandemic.

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that the economy was coming back and that,

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you know,

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that there were,

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there were,

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there were a lot of good signs,

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positive signs.

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But,

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you know,

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what people think when they,

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you know,

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go through the fast food drive through and,

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you know,

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their,

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their happy meal or whatever they’re getting,

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I don’t want to pick on one fast food establishment,

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but I mean,

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you know,

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you know,

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you’re suddenly shelling out $25 for something that,

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You know, it used to be less than less than 10.

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And,

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you know,

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people notice that I just went to a restaurant in Des Moines the other day that had

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new menus and things were significantly higher,

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significantly higher.

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And so, you know, we are still seeing those prices go up.

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And I think it’s.

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You know, that’s part of life.

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I mean, prices do go up.

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It’s just a question of how fast.

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So I think my biggest challenge as a reporter in every day is there are six

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different things I could be working on today.

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And I only have time for one at most.

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I was just reminded not long ago about there was one of the rallies that Trump did

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in 2023 where Bobby Kaufman was introducing Brenna Byrd.

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And just while he was introducing Brenna Byrd,

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he said,

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it’s so great to have an attorney general with

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who will defend us in court because the previous Attorney General,

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we were passing all this great legislation and not one time,

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not one time did the Attorney General defend us in court,

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which was absolutely false.

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There were at least a dozen different bills that Tom Miller’s staff were

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in court defending.

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There were a couple of cases that he didn’t defend and recused and they had to get

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outside counsel.

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But so it was like I never had time.

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I thought about writing a piece, fact checking that.

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But it was just,

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you know,

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it was part of an introduction that wasn’t even the introduction of Trump.

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And so it didn’t rise to the level of something I felt like I could spend a whole

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day researching and writing about.

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But it was completely false.

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Okay, and sorry, I know I took us.

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That’s the beauty of a podcast.

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Like we make up a list and then sometimes we kind of go down this rabbit hole and

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find a whole new journey that we didn’t.

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But you know, like when I’m blabbing on TV for only two minutes, I don’t get this opportunity.

(00:16:12):

So you two are like my therapist for this half hour.

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All right, Kathie, there were a couple other things from the rally that I wanted to bring up.

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with Randy Feenstra and Zach Nunn.

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And I’m saying them out loud so that I don’t go on another sidebar and forget that

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what the heck I was going to say.

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So Randy Feenstra,

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the congressman who’s running for governor,

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he was allowed to ride to fly on Air Force One from D.

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dc to here i think ashley hinson was on there and zach nunn was on there marionette

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miller meeks was already here i believe so i think three of the four got to do that

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um there was a what you know what they bill is the off the record stop that they

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did at the machine shed which is a restaurant

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I think it’s technically Urbandale,

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but just off the interstate in Des Moines,

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and there are two of them.

(00:17:02):

There’s one out in Davenport area, too.

(00:17:04):

Mike Whalen, a prominent Republican, owns those things.

(00:17:08):

Anyway, so, you know, it’s not completely organic, right?

(00:17:11):

Like, I suppose there were some people who may have been eating lunch at 2 p.m.

(00:17:16):

or 3 p.m.

(00:17:17):

when he showed up because he was late.

(00:17:18):

But, you know, they packed it with supporters and all kinds of things.

(00:17:21):

So Randy Feenster is.

(00:17:24):

It was all supporters, actually.

(00:17:25):

All supporters.

(00:17:26):

Go ahead.

(00:17:28):

I mean, I don’t know who’s eating lunch at like two o’clock.

(00:17:30):

So I pray not too many people.

(00:17:31):

But so Feenstra was there and was in a lot of the camera shots and part of that.

(00:17:37):

And so it was acting on and that stuff.

(00:17:39):

What I found was interesting.

(00:17:40):

So once we got to the rally and I couldn’t go to the off the record stop because

(00:17:45):

they had a restriction in the credentialing that you had to be in the facility

(00:17:50):

there in Clive at the Horizon Event Center,

(00:17:54):

one o’clock and you were not allowed to leave.

(00:17:57):

Which made it far more difficult to go out there and cover the protest when those

(00:18:01):

things got bigger so we couldn’t go back out and cover that but I couldn’t go to

(00:18:04):

the off the record stop either.

(00:18:06):

Anyway, so it was interesting to me looking out at this event, you had.

(00:18:13):

so as i’m looking forward there’s trump on the on this stage and then his left my

(00:18:18):

right audience right that’s where you sort of had the vip and the delegations all

(00:18:22):

that kind of stuff so we had three of the four republican members of our house

(00:18:29):

delegation over there along with governor reynolds and her husband jeff coffin the

(00:18:32):

party chair randy fiendster was on the other side of the room

(00:18:37):

And a few of these things I’m just throwing out there because I don’t know exactly

(00:18:40):

what they mean.

(00:18:40):

I’m just trying to pick up little breadcrumbs.

(00:18:43):

So he’s sitting over there with Scott Besant was over there.

(00:18:47):

I think Susie Wiles was over there because I thought I saw her get up and walk out.

(00:18:52):

But I thought it was interesting that Feenstra did not get a primetime spot with the delegation.

(00:18:58):

He did not get to speak on stage like the other three members of the delegation did.

(00:19:04):

And I don’t have the exact quote in front of me,

(00:19:06):

but Trump at one point did mention Feenstra and he talked about the importance of

(00:19:10):

reelecting the members of the House.

(00:19:13):

And so sort of by association,

(00:19:16):

he was saying vote for Feenstra,

(00:19:18):

but not really because he never there was no gubernatorial announcement because

(00:19:22):

some people were speculating there could be.

(00:19:24):

And I’m not really sure where that rumor came from, but.

(00:19:27):

And then later that night was the gubernatorial debate and Feenstra like he has

(00:19:32):

done for all the other group gatherings did not go.

(00:19:35):

So it was the other Republicans for governor.

(00:19:37):

Sorry, this is sort of a long soapbox here.

(00:19:39):

But I just thought it was interesting the way Randy Feenstra was treated,

(00:19:45):

I guess,

(00:19:45):

at this event.

(00:19:46):

I’m curious what you both thought of that.

(00:19:48):

So my take was he didn’t run for reelection.

(00:19:52):

And therefore, you know, there’s nothing he can do for Trump.

(00:19:58):

You know, Trump did.

(00:20:01):

It was pretty widely reported that Trump talked Zach Nunn into running for

(00:20:06):

reelection and not running for governor.

(00:20:09):

And so,

(00:20:10):

I mean,

(00:20:10):

I think,

(00:20:11):

you know,

(00:20:11):

Trump wants one of Republican incumbents to run for reelection.

(00:20:17):

Secondly, I think he is not ready to make an endorsement in that.

(00:20:24):

Maybe he won’t make one at all in the primary.

(00:20:27):

But definitely not ready to make an endorsement in the primary now.

(00:20:31):

And having Randy Feenster on stage with him would be sort of dangerously close to that.

(00:20:39):

He’s got some pretty staunch MAGA supporters who are also

(00:20:47):

are running in that primary.

(00:20:49):

He probably didn’t want to really kind of tip his hand there.

(00:20:53):

But I think ultimately,

(00:20:54):

you know,

(00:20:55):

Randy Feenstra not running for re-election to Congress put him outside of what

(00:21:01):

Trump was here to do.

(00:21:03):

So...

(00:21:05):

I am enjoying this foray into Kremlinology.

(00:21:07):

This is like bringing me back to my early days of covering Russian politics.

(00:21:12):

I think I agree with everything Kathie said.

(00:21:15):

Trump clearly is not ready to endorse Randy Feinster for governor,

(00:21:18):

and he didn’t want to imply that he was.

(00:21:21):

Of course,

(00:21:21):

Feinster was all over social media talking about how he was so proud to fly on Air

(00:21:25):

Force One and

(00:21:27):

work with president trump i don’t really know i guess i don’t really understand the

(00:21:30):

rules of the off the record thing at the machine shed because there was footage

(00:21:34):

that i saw oh no it was uh they call it off the record stop for beforehand they ask

(00:21:41):

us not to report it until it happens

(00:21:44):

Oh, I see.

(00:21:45):

For security reasons and other things.

(00:21:47):

Once it happens, it’s on the record.

(00:21:49):

And there were cameras there.

(00:21:50):

There was a very awkward moment.

(00:21:52):

Well, Feenstra managed to get himself into a lot of camera shots, which I think was his goal.

(00:21:56):

But there was an awkward moment in somebody’s footage from that event where Trump

(00:22:00):

was talking to some woman in a booth and she was really raving about Adam Steen and

(00:22:04):

saying that Trump should take her.

(00:22:06):

She needs to take a look at Adam Steen and the governor’s race.

(00:22:10):

Feenstra is right there.

(00:22:11):

So I thought it was kind of funny.

(00:22:12):

Yeah, clearly every moment is not scripted at these stops.

(00:22:16):

OK, so the other one was Zach Nunn.

(00:22:19):

And this one is not nearly as much as inside baseball, inside politics kind of thing.

(00:22:25):

But I did think I did find it interesting his speech on.

(00:22:29):

So they were sort of the warm up acts for the president.

(00:22:32):

When Congressman Nunn was out there, he talked about his bipartisan work.

(00:22:38):

which I just thought was interesting at this MAGA event that he was pushing how

(00:22:44):

he’s one of the most bipartisan members of the U.S.

(00:22:47):

House,

(00:22:48):

which clearly makes sense when you’re running in the third and it’s a purple

(00:22:51):

district and all those kind of things,

(00:22:52):

and it could be a challenging election year.

(00:22:55):

But I just found that that was an interesting place to make that pitch.

(00:22:59):

Yeah, it is odd.

(00:23:01):

And,

(00:23:01):

you know,

(00:23:01):

he went right back the next morning to the machine shed where he had been with

(00:23:06):

Trump the day before and gave a pretty elaborate explanation of why he voted to

(00:23:15):

extend the Affordable Care Act.

(00:23:18):

tax subsidies,

(00:23:21):

you know,

(00:23:22):

and arguing essentially for his position,

(00:23:25):

but then throwing in,

(00:23:27):

here’s the bone to the macro crowd,

(00:23:31):

that he wants to shore up the Affordable Care Act on the way to repealing it.

(00:23:36):

So,

(00:23:37):

you know,

(00:23:38):

he was,

(00:23:39):

I think,

(00:23:40):

sort of walking on the tightrope there and trying to explain the vote that he’s

(00:23:45):

already taken and then say,

(00:23:46):

but

(00:23:47):

all for repealing the Affordable Care Act, don’t you worry.

(00:23:50):

I don’t know.

(00:23:51):

This whole rally,

(00:23:52):

if I were Zach Nunn,

(00:23:53):

I absolutely would not have wanted Donald Trump to do a rally right in the suburbs

(00:23:57):

of Des Moines.

(00:23:58):

But I don’t know whose idea it was.

(00:24:02):

Zach Nunn claimed that he invited the president.

(00:24:04):

I don’t know if that’s true or if the president decided to come and Nunn was making

(00:24:07):

the best of it.

(00:24:08):

I mean,

(00:24:08):

I feel like it really stirred up a lot of the suburban voters who are,

(00:24:14):

I mean,

(00:24:15):

right now we don’t have

(00:24:17):

any public opinion polls recently that are specifically from the third district.

(00:24:21):

But we know that in places in the United States that look like the third district,

(00:24:25):

Trump’s not doing well.

(00:24:27):

OK,

(00:24:27):

speaking of polls and sorry that first segment took quite so long,

(00:24:32):

but we don’t have commercial break.

(00:24:33):

So, you know, it doesn’t matter.

(00:24:35):

Laura, we are talking to you right after you hustled back from the courthouse.

(00:24:43):

Can you talk about what it was like sitting in there?

(00:24:46):

So you’ve been following this case for a long time where the now president is suing Ann Seltzer.

(00:24:52):

So what unfolded before you?

(00:24:54):

It was an interesting hearing.

(00:24:55):

So this is now more than a year old,

(00:24:57):

this lawsuit,

(00:24:58):

Donald Trump’s lawsuit against the Des Moines Register,

(00:25:01):

the Gannett Corporation,

(00:25:02):

which I guess now is called USA Today,

(00:25:04):

and the longtime Des Moines Register pollster,

(00:25:07):

Ann Seltzer,

(00:25:08):

over that final pre-election poll that found Kamala Harris ahead in Iowa,

(00:25:14):

which turned out to be completely inaccurate.

(00:25:16):

So the lawsuit was filed under the state’s consumer fraud statute,

(00:25:22):

which has never been used in that way.

(00:25:24):

And this hearing was on a lot of procedural issues.

(00:25:27):

So this was not on the merits of whether his claims are accurate.

(00:25:32):

And there was an interesting divide in the legal strategy because Ann Seltzer is

(00:25:36):

being represented by this nonprofit free speech organization called FIRE.

(00:25:40):

And they have a slightly different strategy than the lawyers for the Des Moines

(00:25:46):

Register and Gannett.

(00:25:47):

So what was being argued today in court was

(00:25:51):

How should this proceed now in state court?

(00:25:54):

The defendants,

(00:25:55):

that is Seltzer and Gannett,

(00:25:58):

Seltzer just wants the whole thing put on hold until Trump is out of office,

(00:26:02):

basically,

(00:26:02):

because they say it’s going to be too difficult to get him to participate in the

(00:26:07):

discovery process and depositions.

(00:26:09):

And there are other issues that they raise.

(00:26:12):

And so they would like the judge to put this on hold.

(00:26:15):

The Gannett Des Moines Register position is they want discovery put on hold,

(00:26:20):

but they would like to proceed in filing motions that they’re going to ask the

(00:26:25):

court to dismiss this lawsuit.

(00:26:27):

And meanwhile,

(00:26:27):

on the other side,

(00:26:28):

Trump’s attorney and the attorney representing him in court today was Alan

(00:26:32):

Ostergren,

(00:26:33):

arguing there’s no reason to delay.

(00:26:35):

We can move forward with this case with discovery.

(00:26:38):

And the judge,

(00:26:39):

I have no idea what the judge is going to do,

(00:26:41):

Judge Scott Beattie of the Polk County District Court.

(00:26:43):

He asked a lot of questions of both sides.

(00:26:46):

He seemed somewhat concerned about what he called an asymmetrical discovery process

(00:26:51):

whereby Trump would refuse to cooperate on the grounds of

(00:26:56):

being presidential immunity or something.

(00:26:59):

And then the president’s attorneys would be filing all these discovery requests to

(00:27:03):

the defendants,

(00:27:04):

but not responding to the other side’s discovery.

(00:27:07):

And that was the media defendants were saying,

(00:27:09):

hey,

(00:27:10):

this would basically be like an investigation or an interrogation.

(00:27:14):

And it would be an attempt to intimidate the press rather than an actual legal

(00:27:18):

process of discovery.

(00:27:20):

So this is a lot of

(00:27:22):

There were many more legal issues, but I’m just trying to keep it as simple as possible.

(00:27:26):

But so the judge, he said he expects to rule in about two weeks.

(00:27:30):

He’s got a trial next week.

(00:27:32):

And what he’s going to rule on is what does this whole case go on hold for a while

(00:27:37):

or does he allow discovery to proceed or does he halt discovery and allow motions

(00:27:42):

to dismiss to proceed?

(00:27:44):

And and nice job of summarizing that.

(00:27:49):

Remind me.

(00:27:51):

if I’m right or wrong here,

(00:27:53):

they have already through this process taken out Brad Zahn and Marionette

(00:27:59):

Miller-Meeks,

(00:28:00):

right?

(00:28:01):

It’s Donald Trump and Anne, that’s the end of this?

(00:28:04):

So, okay, you’re half right.

(00:28:06):

So the initial lawsuit, Trump sued, the defendants removed the case to federal court.

(00:28:12):

And so to try to get the case back in state court,

(00:28:15):

Trump added former state Senator Brad Zahn and Representative Marionette

(00:28:19):

Miller-Meeks

(00:28:20):

In federal court,

(00:28:22):

the federal judge said,

(00:28:24):

no,

(00:28:24):

you can’t add,

(00:28:25):

they don’t add anything to your case.

(00:28:27):

You can’t add these plaintiffs just to defeat jurisdiction.

(00:28:30):

So they were thrown out from the federal case,

(00:28:32):

but then Trump moved to withdraw his lawsuit,

(00:28:36):

dismissed the lawsuit from federal case,

(00:28:38):

and he refiled in state court with Zahn and Miller Meeks

(00:28:42):

on June 30th of last year,

(00:28:43):

which was one day before Iowa’s anti-SLAPP lawsuit went into or anti-SLAPP law went

(00:28:49):

into effect,

(00:28:50):

which would make it much easier for media defendants to get cases like this

(00:28:54):

considered quickly.

(00:28:55):

But in any case, so this case actually still does have

(00:28:59):

Zahn and Miller Meeks as plaintiffs because this is the case in state court.

(00:29:02):

And then meanwhile,

(00:29:03):

just adding to the confusion,

(00:29:04):

Dave,

(00:29:05):

a second lawsuit,

(00:29:07):

a West Des Moines resident who’s a Des Moines Register subscriber,

(00:29:10):

filed a second lawsuit,

(00:29:12):

consumer fraud,

(00:29:13):

very similar to the arguments Trump is making.

(00:29:15):

That was removed to federal court.

(00:29:17):

And a federal judge has actually already dismissed that case.

(00:29:21):

That happened in November.

(00:29:22):

And that’s one reason why the media defendants in this case were arguing in Polk County today

(00:29:28):

look this federal court has already dismissed a case that’s almost identical to

(00:29:33):

this one and that’s on appeal to the eighth circuit so you might as well wait and

(00:29:37):

see how the eighth circuit rules on that before you take any action in this case

(00:29:42):

but then meanwhile trump’s attorneys were saying the eighth circuit decisions

(00:29:45):

aren’t binding on a state court deciding how to handle a case that’s in state court

(00:29:51):

so you know it’s it’s very confusing

(00:29:54):

The legal brass.

(00:29:55):

But technically,

(00:29:56):

we do still have Brad Zahn and Marionette Miller-Meeks,

(00:29:59):

although I don’t know how they could possibly say they were harmed by the poll

(00:30:04):

when,

(00:30:04):

especially Zahn,

(00:30:05):

when the poll didn’t even publish results on his race.

(00:30:08):

But in any case, that is where we are now.

(00:30:12):

I think Brad Zahn actually has more of an argument than either Trump or Miller

(00:30:16):

Meeks because he did lose his race.

(00:30:18):

I mean,

(00:30:18):

I think he was he was trying to argue before that he you know,

(00:30:23):

that the Kamala Harris prediction that she was ahead,

(00:30:29):

you know,

(00:30:30):

might have chilled voters in his suburban district from going out.

(00:30:35):

But I mean,

(00:30:36):

when this was first filed,

(00:30:37):

I was like,

(00:30:37):

well,

(00:30:37):

what damages could Donald Trump possibly have?

(00:30:40):

He won by a mile.

(00:30:43):

And Marianne Miller-Meeks won re-election.

(00:30:45):

So what sort of damages are we talking about here in this race?

(00:30:50):

So I think it will be interesting to see how that comes out.

(00:30:55):

But your point about the anti-SLAPP legislation that we just got passed here last year,

(00:31:05):

You know,

(00:31:05):

ultimately,

(00:31:06):

I mean,

(00:31:06):

this case is about chilling the media and it’s about costing them a lot of money

(00:31:12):

and legal fees.

(00:31:13):

The anti slap law was essentially based on the idea that that wasn’t fair for media

(00:31:20):

defendants,

(00:31:20):

in particular,

(00:31:21):

in cases that don’t have any merit on their face.

(00:31:24):

And so.

(00:31:25):

So I do think that this, they got in under the wire here.

(00:31:29):

That’s what a lot of this do-si-do between state and federal court was about.

(00:31:34):

And,

(00:31:35):

you know,

(00:31:36):

dragging it out will just make it even more expensive for both sides,

(00:31:41):

but,

(00:31:41):

you know,

(00:31:42):

particularly for the media.

(00:31:43):

i mean brad’s on i wrote a piece more than a year before the election saying that

(00:31:47):

he was in trouble because of the redistricting took out basically all the areas

(00:31:51):

that gave him his margin of victory in 2020 he lost so so it was he was looking

(00:31:57):

pretty vulnerable way before any polls but

(00:32:00):

I forgot to mention that fire is asking the court also to order Trump to pay.

(00:32:04):

This is a new term that I wasn’t familiar with, an undertaking.

(00:32:07):

In this context, it basically is like a bond.

(00:32:10):

They want Trump to pay like $300,000 up front so that if they win,

(00:32:16):

and they are awarded attorney fees or other damages,

(00:32:21):

that there would be money there because they said Trump has this history of being a

(00:32:25):

vexatious litigator and not paying.

(00:32:29):

Anyway, so the Trump side is resisting the idea that he should have to pay any kind of bond.

(00:32:35):

Did you just use the word vexatious?

(00:32:38):

I did.

(00:32:38):

That’s a word,

(00:32:40):

literally,

(00:32:40):

have I never said that on camera because I just stumbled on myself trying to say

(00:32:44):

it.

(00:32:45):

It’s in their filing.

(00:32:47):

Well, yeah, the vexation.

(00:32:48):

You’re such a print reporter.

(00:32:51):

You are multimedia now.

(00:32:52):

You can’t use words like that.

(00:32:53):

I can’t say vexation.

(00:32:55):

Well, you did.

(00:32:55):

You’re the only one who said it right.

(00:32:57):

Even if I’m quoting from their filing.

(00:32:59):

That’s what they said.

(00:33:01):

That word came up in Iowa when the Public Information Board flirted with the idea

(00:33:06):

of trying to declare vexatious requesters,

(00:33:09):

people who are,

(00:33:11):

you know,

(00:33:13):

too prevalent in requesting public records from certain state agencies or local

(00:33:18):

agencies.

(00:33:19):

That’s a T-shirt in the making, right?

(00:33:21):

Oh, I know.

(00:33:22):

Yeah, Clark Kaufman and I talked about that, vexatious requesters.

(00:33:26):

Okay,

(00:33:26):

Kathie,

(00:33:27):

I wanted,

(00:33:27):

before we ended here,

(00:33:29):

I wanted to give you a chance to talk about Cammie’s piece about eminent domain,

(00:33:33):

because that thing’s got so many twists and turns.

(00:33:36):

And that’s one of the most fascinating stories to me to follow during this legislative session.

(00:33:41):

And Cammie does such a great job.

(00:33:43):

Yeah,

(00:33:43):

Cammie Coons is our ag and environment reporter,

(00:33:48):

and she is doing a good job of following the twists and turns here.

(00:33:51):

And so where we are today,

(00:33:55):

first of all,

(00:33:57):

we’ve got a history here of the House and Senate disagreeing about this issue.

(00:34:01):

For a number of years,

(00:34:02):

the House has been pushing restrictions on eminent domain for carbon pipelines.

(00:34:07):

We’re basically talking about the summit carbon solutions pipeline going through northwest Iowa.

(00:34:14):

The House,

(00:34:16):

again,

(00:34:16):

this year,

(00:34:17):

it was the first bill out of the House,

(00:34:21):

was a plain old ban on eminent domain for carbon pipelines,

(00:34:25):

so basically saying that Summit would have to make an agreement and a contract with

(00:34:34):

every landowner that this pipeline is going to cross.

(00:34:38):

The Senate,

(00:34:40):

we’ve talked a little bit about this,

(00:34:42):

but Senate Majority Leader Mike Clemish has come up with two other bills,

(00:34:46):

one of which is a variation of a bill that was offered as an amendment last year,

(00:34:50):

didn’t pass in the Senate,

(00:34:52):

that would let Summit,

(00:34:55):

basically we’re talking about Summit,

(00:35:00):

go beyond the pipeline route that the utilities regulators approved.

(00:35:06):

So

(00:35:06):

um they can color outside the lines uh you know if you got a landowner that’s just

(00:35:10):

never never never don’t even talk to me don’t even set foot on my land that they

(00:35:15):

might be able to try to find a willing landowner and go around them and you know

(00:35:19):

keep their pipeline project moving forward um it is clear that the landowner side

(00:35:26):

of this it wants nothing to do with that they’re like this is not going to

(00:35:30):

help us is not respecting our private property rights because there’s still an

(00:35:34):

option for eminent domain at the end to force an unwilling property owner to take

(00:35:41):

this pipeline over their land.

(00:35:46):

But the twist here was that the House sent their pure eminent domain ban over to the Senate.

(00:35:53):

The Senate took it up in subcommittee and sent it out to their full commerce committee

(00:35:59):

which then basically amended Clemish’s bill onto it.

(00:36:03):

So now you’ve got a House file that used to be an eminent domain ban,

(00:36:06):

which now in the Senate is Clemish’s sort of softened eminent domain restriction.

(00:36:14):

The other interesting thing about it,

(00:36:17):

is that Summit,

(00:36:20):

I mean,

(00:36:20):

this is like,

(00:36:21):

it’s supposed to be sort of a pro-pipeline or a kinder-to-pipeline bill.

(00:36:26):

Summit got up in committee or in subcommittee and spoke against it.

(00:36:31):

So they don’t even really like it.

(00:36:34):

You’ve got the renewable association and the corn growers on board,

(00:36:37):

but not the pipeline company.

(00:36:40):

Yeah, they said they like part of it, but they didn’t like part of it.

(00:36:43):

I wanted to ask you,

(00:36:45):

Kathie and you,

(00:36:45):

Dave,

(00:36:46):

have you I thought this was very bizarre that Klemish,

(00:36:49):

he held a subcommittee on the House bill.

(00:36:51):

Then in the Commerce Committee, they amended the House bill to add his language.

(00:36:55):

And then he had a separate subcommittee on his own bill that basically was already

(00:37:01):

through committee.

(00:37:02):

Have you ever seen anything like that before?

(00:37:04):

Yeah.

(00:37:05):

I mean,

(00:37:06):

I think he probably was facing some criticism for the bait and switch,

(00:37:11):

you know,

(00:37:11):

that you have a subcommittee on the House bill and then,

(00:37:16):

you know,

(00:37:17):

make it a completely different bill.

(00:37:19):

We see this more often when the legislature takes a bill,

(00:37:23):

runs it through the committee process,

(00:37:25):

gets all of the public comment.

(00:37:27):

And then puts a right after amendment on the floor and completely changes the bill.

(00:37:33):

The legislature does that a lot more often.

(00:37:35):

So I did actually,

(00:37:36):

I give him a little bit of credit for letting,

(00:37:38):

you know,

(00:37:39):

say,

(00:37:40):

all right,

(00:37:40):

we’re,

(00:37:40):

you know,

(00:37:40):

they are doing,

(00:37:42):

they’re changing this bill.

(00:37:45):

from the House bill to what the Senate wants.

(00:37:49):

But they did then give the public an opportunity to come and talk about that.

(00:37:55):

So I did think it was a little bit more,

(00:37:59):

even though it was sort of a difficult to understand process,

(00:38:05):

that at least gave the public more of an opportunity to come and talk about it than

(00:38:08):

they might have otherwise.

(00:38:11):

All right, I know we’ve blown way past our self-imposed, a very loose 30-minute deadline.

(00:38:17):

If you’ll indulge me, 10 seconds.

(00:38:18):

For those of you watching on video,

(00:38:20):

Kathie,

(00:38:21):

over your right shoulder in your room is your door,

(00:38:24):

which is slightly open.

(00:38:25):

I had a film class in undergrad.

(00:38:28):

that told us that when you’re watching movies you’re supposed to pay attention

(00:38:33):

because if we see the door if the director intentionally shows that a bad guy or

(00:38:39):

something is going to happen so i keep waiting for your husband or somebody to come

(00:38:44):

bursting through that partially open door and it’s we just talked for 45 minutes

(00:38:48):

and it hasn’t happened

(00:38:49):

So two things.

(00:38:50):

One,

(00:38:52):

if I try to close that door all the way,

(00:38:54):

the doorknob in this old house is a little loose and I will get stuck in here.

(00:38:58):

Like I have literally had to pry myself out of this room.

(00:39:03):

This is just a home office, a little home office.

(00:39:06):

I’ve literally had to pry myself out of this room with a screwdriver.

(00:39:09):

Secondly, what is most likely to come bursting in here is my cat.

(00:39:15):

And so he would be even bigger because you’ll see the door open,

(00:39:19):

but you won’t be able to see the cat because he’s down here on the floor.

(00:39:22):

So if the door bursts open and you don’t see anybody, it’s my cat.

(00:39:27):

Fun fact, I was stuck in Zach Lane’s bathroom on the day he launched his gubernatorial campaign.

(00:39:35):

They have this incredibly restored old farmhouse.

(00:39:39):

And it’s all super, super cool.

(00:39:42):

But it, I mean, clearly stuff’s old.

(00:39:45):

I don’t know,

(00:39:45):

maybe I did something wrong,

(00:39:48):

but I had had a big coffee on the way and I had to go to the bathroom so bad.

(00:39:51):

I waited through the whole thing.

(00:39:53):

And I said,

(00:39:53):

and I asked some really nice young man,

(00:39:55):

I’m like,

(00:39:56):

hey,

(00:39:56):

I’m so sorry to be rude,

(00:39:58):

but could I use the family’s restroom?

(00:40:00):

Cause it’s like out in the middle of the countryside, right?

(00:40:03):

And I go in there and it’s really, it really is so beautifully restored.

(00:40:07):

But anyway,

(00:40:08):

Dr.

(00:40:08):

David J.

(00:40:08):

You know you do your thing wash your hands,

(00:40:09):

whatever and i’m grabbing the handle and it reminded me of that knob at my grandma

(00:40:14):

and grandpa’s when I was little and Ike so I could not open it.

(00:40:16):

Dr.

(00:40:16):

David J.

(00:40:17):

And i’m like oh my gosh what am I going to do,

(00:40:21):

and so there was a window there,

(00:40:23):

but I was like there was nobody on the other side of the window,

(00:40:26):

so I eventually had to call my colleague.

(00:40:29):

and said,

(00:40:29):

here,

(00:40:30):

this is super embarrassing,

(00:40:31):

but I am locked in the family bathroom and I don’t know how I’m gonna get out of

(00:40:35):

here.

(00:40:36):

And somehow she pushed it a little bit and then I twisted the lock and it opened.

(00:40:42):

That’s amazing.

(00:40:44):

But that’s my memory for that day.

(00:40:46):

And it was super windy.

(00:40:47):

I remember that too.

(00:40:47):

Hey, speaking of windy, I’ve been windy.

(00:40:50):

So that’s what happens when I’m tired and over caffeinated.

(00:40:53):

So thank you for your patience to both of you.

(00:40:55):

Kathie and Laura, thank you to your insights.

(00:40:57):

It’s always, always good to see you every week.

(00:41:00):

Fun.

(00:41:01):

Have a great weekend.

(00:41:02):

Thank you, everybody, for tuning in.

(00:41:04):

I think we forgot to say this, but it was Friday afternoon when we recorded this.

(00:41:08):

in case anything crazy happens before this drops on saturday but we appreciate all

(00:41:13):

of you for listening and watching and we really appreciate it when you share this

(00:41:18):

podcast and tell people about it and a very hearty thanks to all to those of you

(00:41:23):

who have financially contributed to the production cost of this as well so we can

(00:41:28):

keep this show on the road thanks a lot for being with us and we will talk to you

(00:41:31):

next week

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