Daily Digest: Back to court?

Good morning and welcome to Friday. I, for one, am glad it's finally here. Let's take a look at the Digest.

1. Minnesota's Senate is in another sticky spot and could soon find itself back in court. Senate Minority Leader Tom Bakk, DFL-Cook, said Thursday that he or someone else is sure to take legal action if Republican Senate President Michelle Fischbach tries to keep her seat after becoming lieutenant governor. Fischbach will automatically assume the new post when current Lieutenant Gov. Tina Smith, a Democrat, resigns to become a U.S. senator by appointment of Gov. Mark Dayton. Fischbach and Republicans are relying on an 1898 state Supreme Court ruling to buttress their contention that she can do both jobs at once. Bakk and Democrats argue a constitutional change in 1968 specifically prohibits legislators holding another office. "Even if my caucus doesn’t bring suit, someone is going to bring suit on this," Bakk said. "I just think looking at it, I don’t think it passes the smell test." (MPR News)

2. Hennepin County Attorney Mike Freeman told a group of union members Wednesday that he does not have enough evidence to decide yet whether he'll file charges against Minneapolis police officer Mohamed Noor.  Freeman blamed "investigators" for not doing their jobs. Noor fatally shot Justine Ruszczyk from the passenger seat of his squad car through the driver's side window after he and his partner, officer Matthew Harrity, responded to a 911 call on July 15.  Twin Cities Coalition for Justice 4 Jamar posted the prosecutor's conversation with a group of union members during the Minneapolis Regional Labor Federation holiday reception Wednesday night on the activist group's Facebook page. Freeman's remarks came after one of the activists asked him why he hadn't yet announced charges in the case against Noor. (MPR News)

3. President Trump appears to be getting close to filling some key Minnesota positions. The FBI is completing background checks on two judicial candidates drawn from the Twin Cities legal community, placing the Trump Administration a step closer to filling two key vacancies on Minnesota’s federal bench, according to sources close to the vetting. The two are Hennepin County District Judge Nancy Brasel and Minneapolis attorney and law professor Eric Tostrud, whose candidacies have won the backing of Sen. Amy Klobuchar, D-Minn., and Rep. Erik Paulsen, R-Minn., respectively. Meanwhile John Marti, a Twin Cities attorney and former longtime federal prosecutor, has emerged as a leading candidate to replace Andrew Luger as U.S. Attorney for Minnesota, the state’s top law enforcement official. And St. Cloud Police Chief William Blair Anderson is being vetted for the U.S. marshal opening. (Star Tribune)

4. Across Minnesota, many cities are facing a double whammy: aging sewer plants that need costly improvements, and increasingly tighter environmental standards they're required to meet. About 30 percent of wastewater treatment plants in outstate Minnesota are more than 30 years old, according to a 2016 Minnesota Pollution Control Agency report. Some cities argue if they make such a big investment and bring their treatment plants up to current standards, they should get a break from having to meet new regulations that might come down the line in the next few years. (MPR News)

5. St. Paul city attorney Sam Clark launched a campaign for Minnesota attorney general Thursday. Clark, a Democrat, said he wants to be the “next great progressive” attorney general. If successful, he would also be the first person of color to hold the office. Clark said he will seek the DFL endorsement and abide by the result. Clark is the fifth Democrat in the race for attorney general. He joins Representative Debra Hilstrom, Matthew Pelikan, Mike Rothman and Ryan Winkler. Doug Wardlow is the lone Republican. (MPR News)

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