Sen. John McCain speaks in Cedar Falls. (Captured from CNN.com video.)

Trailing in most battleground states and facing a steep climb to victory, McCain was repeatedly confronted with questions about whether he can still win the election during a live broadcast of NBC’s Meet the Press, moderated by Tom Brokaw from the studios of KWWL in Waterloo.

McCain said he disputes the polls showing U.S. Sen. Barack Obama, his Democratic opponent, with a double-digit lead nationally. “It all depends on the voter turnout model,” he said. “We are very competitive in many of the battleground states.”

Later, on the campus of the University of Northern Iowa in Cedar Falls, McCain addressed a crowd of about 2,000 — a far cry from the 10,000 his runningmate drew a day earlier in the larger city of Des Moines — repeating familiar criticism of his opponent’s economic policy. “Sen. Obama’s tax increases would put even more people out of work,” McCain said. “We’ve seen this before in other countries, and it doesn’t work.”

He also said he planned to support new energy production, including offshore oil drilling, wind, solar, and ethanol. “We’ll invest in all energy sources,” McCain said. He has previously said — in debates, interviews, and campaign speeches — that he would end “ethanol subsidies.”

The Arizona senator placed more emphasis on the notion that Democratic leaders in Congress would be unchecked in an Obama administration. When McCain mentioned U.S. Rep. Barney Frank, D-Mass., the crowd booed in agreement with their candidate.

Then, he shifted to the horse race. “Let me tell you about the state of the race today,” he said. “The pundits, as usual, have written us off.”

Obama “is measuring the drapes. He’s planned his first address to the nation for before the election,” McCain said, referring to the 30-minute national television advertisement that the Obama campaign has scheduled for Wednesday night on CBS, NBC, and FOX. “I prefer to let the voters weigh in before presuming the outcome.”

“I am an American, and I choose to fight,” McCain said, building to a crescendo as he finished his speech. “Don’t give up hope. Be strong. Have courage, and fight.”

Unless the dynamics of the presidential race change soon, McCain will likely find himself repeating those words often over the next nine days.

The Iowa Division of Criminal Investigation was asked by the Black Hawk County Attorney’s Office to investigate after a complaint was lodged by a local citizen. Officials with the DCI have stated that the incident in question happened on the evening of Aug. 20 in Waterloo, but have otherwise declined further comment in connection with the case.

Television station KWWL, headquartered in Waterloo, has reported that the investigation is in connection with an alleged physical altercation that involved Jennings and a 16-year-old male resident in the Chief’s westside neighborhood.

Police in Waterloo have been under pressure to solve and stop a rash of gun and possible gang-related violence that has taken a foothold in the community since April. On a single Tuesday in late July, police were called to investigate four shootings in different parts of the city. During a community forum last month, Jennings encouraged residents to come forward and tell what they knew in relation to the violence.

In addition to the 85 individuals previously reported, an additional 55 defendants entered a guilty plea yesterday during court proceedings on the site of the National Cattle Congress in Waterloo. From this second group, 30 were sentenced to five months in prison and three years of supervised release for using an identification document belonging to another person to obtain employment at Agriprocessors. Eighteen others were sentenced to five months in prison and three years of supervised release when they admitted to using a Social Security number or card that belonged to another person. One defendant was sentenced to five months in prison and one year of supervised release for gaining unlawful reentry into the United States. The final six defendants were sentenced to probation (and immediate deportation) when they admitted to using fake identification to obtain employment. The identification documents used by the six given probation were completely fabricated and did not belong to a real person.

All 55 of the accused — 11 originally from Mexico and 44 from Guatemala — admitted to being in the country illegally. They all face removal from the United States.

Hearings continue today at the makeshift courtroom facilities at the National Cattle Congress in Waterloo.

“I don’t know if I should be doing this — talking to you,” she said, eyes still closed. “There is so much confusion even now, and I’m not sure who can be trusted. I don’t want to do something stupid that will cost me what little I have left.”

For several moments the group stands silent, then the woman’s eyes open and she squints before continuing. “I want you to call me Lidia Castillo,” she said and then turned to the 20-something Hispanic man beside her to speak in a Mayan dialect that is similar to Spanish. When he speaks it is only two words: “Luis Morales.” She nods and takes the notebook and pen to write down the names, explaining that she doesn’t trust those who cannot speak the language to spell the names correctly. Her smile is open and all hesitation is gone when she looks up and asks, “What do you want to know?”

Castillo and Morales, who speaks little English, have traveled to Waterloo from Postville in order to borrow money from friends. During the federal immigration raid Monday on Agriprocessors, Castillo’s older brother was taken into custody by Immigration and Customs Enforcement agents. He’s now one of the more than 300 such detainees facing criminal charges in federal court.

Using Castillo as an interpreter, Morales explains that he was a worker at the Postville meatpaciking plant, but was working a later shift on the day of the raid. He had no family in Postville, but most of his friends are now in federal custody.

Morales and Castillo have been dating and were planning to announce their engagement in the coming months. The raid, they said, has changed everything.

“We are both without papers,” Castillo said.

Castillo came into this country at a young age with her mother and older brother. She’s never known her father, but says that her mother, before she died, kept in contact with family in Guatemala.

Morales, also originally from Guatemala, entered the United States about four years ago. He does not want to provide details of how or where he entered the country. In order to work at Agriprocessors, he purchased fake documents. The employer, he relayed through Castillo, asked few questions.

“He says that they knew he was without proper papers and that an employee helped him fill out applications and other forms so that he could work there,” Castillo said. “Many employees there were in this country without papers. He says that family here sent word to others that they could come here and find work, that it was no secret.”

Federal authorities conducting the raid — the largest single-site event in the nation’s history — took 389 individuals, or 40 percent of Agriprocessors’ workforce, into custody. Nearly all of those detained are now facing criminal charges such as misuse of social security numbers and aggravated identity theft. To date, no charges have been filed against the business or management.

“The only home I’ve ever known is Iowa,” Castillo said in a voice nearly free of accent. “But that’s going to change now. We’re are going to find our own way.”

The couple has come to Waterloo for money and supplies because they are planning to leave the state. The raid has left them both fearful and isolated.

“We don’t know what else to do,” Castillo said. “There is nothing left for us here. I want to get somewhere where it will be safe for me to complete the paperwork to become a citizen. I don’t want to be deported to Guatemala — I know nothing about Guatemala except what my mother told me about being treated badly there. This is my home. This is my country, and I need to get someplace where I can fight for it.”

As Castillo’s voice raises, Morales moves to put an arm around her waist. She leans into him and he whispers something to her.

“He is worried more for me than for himself,” she said. “He knows Guatemala and never wants to return, but he knows he can survive there if he is deported. He is worried that I will be hurt if I’m sent there. He thinks that I will be raped and murdered — that those things happen often there, especially to pretty women.”

Neither Castillo or Morales have consulted with an immigration attorney concerning their status. Castillo had planned to begin the process of becoming a citizen, but is now fearful to admit that she is here illegally. Through Castillo, Morales said that he suffered no abuse in his home country, but could not make a living there.

“I’m scared that if I come forward now that I will not have an opportunity to stay,” Castillo said. “I’m even more scared that he will not have an opportunity. We need time to sort it all out. We need to feel safe before we begin this process, and we no longer feel safe here.”

In a letter to Immigration and Customs Enforcement and the U.S. Attorney for the Northern District of Iowa, Braley questioned “Agriprocessors’ commitment to making sure they have a legal workforce.” The kosher meatpacking plant had 40 percent of its workforce removed during a federal immigration raid on Monday.

“Until we enforce our immigration laws equally against both employers and employees who break the law, we will continue to have a problem with illegal immigration,” Braley said.

According to Braley, just three employers were fined for breaking immigration laws in 2004. Last year, following Bush administration promises “to make employer enforcement a priority,” Braley says 92 employers were arrested, but only 17 fined out of the six million employers in the U.S.

“Naturally, the sheer number of arrests made by ICE during Monday’s raid raises questions about Agriprocessors, Inc.’s knowledge of possible violations of employment and immigration law.”

For his efforts, Braley received the same answer as members of the media have received when asked about a possible or ongoing investigation. “Federal officials would not comment on the possibility of an investigation into Agriprocessors for possible violations of the law,” he said Wednesday evening.

An official at the Iowa Labor Commission has confirmed that Agriprocessors was under investigation for possible child labor and wage law violations at the time of the raid. No one would comment on the possible impact the raid would have that investigation.

Braley’s letter was written Tuesday as a formal request for a tour of the detention facilities at the National Cattle Congress in Waterloo. Braley indicated that he wanted to be sure that the facilities, “never designed for detention,” were suitable and provided sanitary living conditions.

Although Braley could not tour the facility personally due to congressional votes in relation to the farm bill, three members of his staff viewed the facilities on Wednesday afternoon. District Director Pete DeKock, Caseworker John Murphy and Communications Director Jeff Giertz toured the makeshift courtroom in the Electric Park Ballroom, temporary detainee housing in Estel Hall and attorney facilities in the Pepsi Arena.

“My aides report that federal officials at the Cattle Congress are conducting a professional operation,” Braley said. “Detainees are only being housed at the Cattle Congress grounds until their preliminary hearing, at which point they will be moved to other detention facilities. Officials with the U.S. District Court, Northern District of Iowa told my staff that they expect proceedings to continue at the Cattle Congress into next week.”

As of late Wednesday night, a total of 177 of the 390 workers detained had gone through initial appearances in federal court on criminal charges. Those individuals have been placed in the custody of the U.S. Marshal’s Office and are now being housed in jail facilities throughout the area. All but nine of the 177 are male.

Status hearings are scheduled to begin on May 19 at the makeshift court facilities at the National Cattle Congress in Waterloo and continue through May 21. It is during these hearings that the prosecution will provide probable cause for the charges — misuse of Social Security numbers, aggravated identity theft and/or possession of counterfeit identification documents — and defendants will enter a plea. Detainees being charged criminally are entitled to an attorney at the court’s expense.

Detainees not criminally charged, but with questionable immigration status, will remain in the custody of ICE for administration/deportation proceedings. Most, if not all, of these individuals will be moved to ICE detention centers in other states. Workers with questionable immigration status are not provided an attorney; however, ICE officials indicated Tuesday that lists of pro bono and low-cost immigration attorneys have been distributed to detainees.

Federal officials have labeled Monday’s raid, which netted 314 men and 76 women, “the largest single-site enforcement operation of its kind in the country.”

Initial court appearances for the individuals who stand criminally charged following the immigration raids on Agriprocessors in Postville began Tuesday night in Waterloo and continued today.

Immigrant detainees file in and out of the Electric Park Ballroom on the campus of the National Cattle Congress in Waterloo in groups of 10 for their first appearance before a federal judge. The detainees, all men except for a group of nine women that were a part of the first proceedings Wednesday morning, are bound by handcuffs at the wrists as well as chains from their upper torso to their ankles.

The court proceedings take place on the wooden floor area of the facility that is typically the site of disc jockeys and dancers. A line of black curtains has been placed midway across the dance floor, a seal for the court affixed at the center, just above the makeshift judge’s bench. Clerks and other court officials flank the judge’s bench at long tables placed to the right and left. The tables are filled with computer equipment and paperwork. Directly in front of the judge’s bench are two tables, one for the defense and one for the prosecution. Near the defense table is a line of 11 chairs — one for each of the 10 defendants and one for an interpreter.

There are three interpreters present at each hearing. One provides translation of the judge’s words to the 10 defendants, who wear special ear phone devices so that they can hear the translator clearly. Each group coming before the judge is asked if the translation system is working properly before the actual hearing commences.

The roughly 15 observers — members of the media, advocates and other interested parties — sit in rows of seats near the main entrance to the facility, behind a thigh-level row of black curtains that separate observers from those taking part in the proceedings. Several men in flak jackets and shirts labeled with “U.S. MARSHAL” stand and sit behind the observers. Similar law enforcement officials escort the detainee groups into the makeshift courtroom and out again.

The National Cattle Congress in Waterloo is basically a fairgrounds facility that has a full perimeter fence. For these proceedings, however, additional fencing and barricades have been installed. Members of the media are directed away from the main entrance, which is used primarily by law enforcement and court officials such as interpreters, to a side entrance near the Electric Park Ballroom. Members of the media, after passing through an initial security check, are directed to park outside the actual facility on a grassy area. (The parking lot at that location appears to be reserved for law enforcement, advocates and defense attorneys.)

Members of the media then walk into and across the fenced parking area to a more intense security checkpoint located in a temporary shelter. Individuals passing through this area must provide state identification, such as a driver’s license, and empty their pockets to pass through a metal detector. No cameras or mobile phones are permitted beyond this point.

Because of the camera restrictions, some members of the media have positioned themselves along the fences and are using zoom lenses to attempt to capture the scene on film. Because of the layout of the building, the temporary security structures and the route taken by law enforcement as detainees are moved from one location to another, most photographers are frustrated.

The initial court appearance is very basic. Most detainees have only recently been given a sheet of paper that outlines the criminal charges against them. Because the complaint is written in English and there are limited translators, some entering the courtroom have no real knowledge of the charges against them. The judge explains that an attorney has been appointed to represent all of the defendants at the hearing and, if the defendants agree to use that attorney at the court’s expense, he or she will meet with them following the initial appearance. During the four or five court hearings observed, all of the defendants present opted to use the court-appointed attorney.

The process is slow and a bit cumbersome due to the need for translators. At various times the detainees are requested to raise a hand to indicate understanding.

By and large the detainees are Hispanic and young. Most look to be in their late teens or early 20s. Few make eye contact with court officials or observers as they move in and out of the facility. Of those who did make eye contact, there was no spark of facial expression.

When the judge asks if the detainees have questions, there are few who speak up. Of those who do speak, the questions are basic: “Is there any way to speed up this process?” or “Can I not have an attorney?” It’s obvious that some have little understanding of the court process or what might be happening over the course of next few days and weeks.

The court-appointed defense attorneys are assigned detainees in the same groups of 10 that come in for initial appearances. Status hearings are scheduled for next week at the National Cattle Congress facility and preliminary hearings for the following week.

At a press conference yesterday, the media were told by representatives of the U.S. Attorney’s Office and the U.S. Department of Homeland Security that a total of 20 individuals were facing criminal charges. By today at noon, according to Bob Teig, communications director for the U.S. Attorney of the Northern District of Iowa, that number had blossomed to 125. Of those facing criminal charges, only nine are women.

Once an individual is charged and he or she has an initial court appearance, the individual is placed in the custody of the U.S. Marshal’s Office and transported out of the temporary facility and into area county jails. It is anticipated that many will be housed in Linn County facilities, near the permanent home of the court. Those accused will be transported back to the National Cattle Congress campus for scheduled status hearings next week.

Detainees not facing criminal charges, but still subject to immigration investigation, continue in the custody of Immigration and Custom Enforcement (ICE). Those detainees are also expected to be removed from the temporary location — most are expected to be removed from the state to ICE detention facilities. The closest such facility is in Omaha, Neb.

“This process doesn’t have many major differences from the types of processes that happen at ICE offices on a daily basis,” said Tim Counts, public affairs officer for the Department of Homeland Security. “The difference here is that the geographical location has been compressed to the NCC grounds in Waterloo. This was done because of the large scope as well as for the convenience of all concerned.”

Counts said he anticipates that those detainees remaining in the custody of ICE will be removed from the temporary location either late tonight or tomorrow.

In a press conference this afternoon in Cedar Rapids, Matt Dummermuth, U.S. attorney for the Northern District of Iowa, and Claude Arnold, special agent with Immigration and Customs Enforcement (ICE), said the process of separating individuals charged in a criminal offense from those only facing administrative charges is ongoing and more criminal charges are expected.

“As of right now 20 people have been arrested on criminal charges following their administrative arrest,” Dummermuth said. “This includes 10 men and 10 women so far. Those people — and any others who are arrested on federal criminal charges — will appear in federal court in Waterloo.”

Temporary courtrooms have been placed at the National Cattle Congress in Waterloo. It marks the first time since 1996 that the court has temporarily moved to handle criminal cases related to immigration work site enforcement operations. Dummermuth said that the exact criminal charges vary from individual to individual, but include felony allegations of aggravated identity theft and false use of social security numbers.

“Those charged criminally will receive attorneys and will appear before a federal magistrate judge for an initial appearance,” Dummermuth said. “Meeting rooms have been set up for people criminally arrested to meet with their attorneys. The magistrate courtroom has been set up in the Electric Park Ballroom, and two district court courtrooms have been set up in nearby trailers. The court plans to post names and appearance times on its Web site as well as on site at the fairgrounds.”

Hearings for the 10 men criminally charged began at 4 p.m. today. Hearings for the women facing criminal charges will begin at 10 a.m. Wednesday.

“There may be other hearings, yet to be scheduled, for tonight — so there may be more than that,” Dummermuth added.

Those detained in criminal proceedings will no longer be held in temporary detention facilities, but will be placed in U.S. Marshals Service custody. Men currently awaiting a hearing on criminal charges will remain in Estel Hall as a temporary detention facility until they have appeared in court. Women facing criminal charges will likewise remain in the local jail facilities that are being used as temporary detention locations until they have appeared in court. Following initial appearances, individuals not released pending their next court appearance will be placed in the custody of the U.S. Marshals Service for confinement in local jails.

Individuals that are not facing criminal prosecution, but still subject to administrative detention, will remain in Estel Hall or local jails until they are moved to other locations for the completion of the administrative process. According to Dummermuth, there will be no administrative proceedings held at the Waterloo site.

“Everyone will have an opportunity to be represented in their administrative proceedings,” said Arnold. “Right now, people are going through the criminal proceedings, but when it comes time for them to complete the intake processing for administrative proceedings, they will have the opportunity to be represented by counsel.”

Arnold added that some already have representation and that those who do not will be provided a local list of free or low-cost legal services. Administrative hearings will be scheduled at locations throughout the nation where ICE has detention space, with consideration to the specific classification of the detainee. It is unlikely that many, if any, of the administrative hearings stemming from the Postville raid will be held in Iowa.

“There is very little detention space here in Iowa,” Arnold said. “This is partially because the detention space is shared between the marshals and ICE. So if a lot of people are being detained by the marshals’ office for criminal proceedings, there aren’t beds available for those in ICE custody.”

While it remains unclear exactly how long federal agencies will be on the temporary site in Waterloo, Arnold indicated that the processing of Postville detainees should be quickly coming to an end.

“We anticipate that we won’t be housing the people [at the temporary detention facilities in Waterloo] past Wednesday night — Thursday morning at the latest,” said Arnold. He then refused to state if or how the facility, which will remain rented by federal agencies past this week, will be used during the remaining time frame.

Dummermuth and Arnold, while commenting that Agriprocessors was “cooperative during the execution of the search warrant,” refused comment on whether any criminal investigation was under way in relation to the company or its leadership. The two also refused to comment on if there would be more arrests in relation to the more than 300 outstanding criminal complaints.

A total of 390 first-shift workers were arrested as a result of the immigration raid. The event, which boasted 697 criminal complaints and arrest warrants for plant employees, is the largest single-location immigration raid in the nation. Nearly 60 people, most of them women, were released under ICE supervision to care for children or due to medical reasons. Those released are wearing electronic monitoring devices. Of those arrested, 290 are Guatemalan, 93 are Mexican, four are Ukrainian and three are Israeli.

Critics of the program contended that RUS subsidized coal power, one of the largest sources of greenhouse gas emissions, and failed to account for the financial risks of burning the cheap fuel.

RUS administrator James M. Andrew, in a letter to the House Committee on Oversight and Government Reform, said, “Since there is no clear consensus on what emission standards will be enacted and associated costs, attempting to make decisions on loans absent a factual base is speculative at best.”

In 2004, the Department of Agriculture presented three checks totaling nearly $177 million to Iowa electric cooperatives to complete transmission and distribution lines at Council Bluffs No. 4 (CB No. 4), now the largest coal-burning power plant in Iowa.

RUS loaned $101.6 million to Central Iowa Power Cooperative, $74 million to Corn Belt Power Cooperative and $956,000 to Franklin Rural Electric Cooperative.

MidAmerican Energy is the developer and operator of CB No. 4. Partners include: Central Iowa Power Cooperative; Corn Belt Power Cooperative; the Iowa cities of Alta, Cedar Falls, Eldridge, Montezuma, New Hampton, Pella, Spencer, Sumner, Waverly and West Bend; and the Lincoln Electric System and the Municipal Energy Agency of Nebraska.

RUS has not made available any money for proposed plants in Marshalltown and Waterloo. The last RUS loan for a generating plant was made in 2006.

More than $1.3 billion in loans for new plant construction had been granted since 2001 by the program.

In July 2007, Earthjustice, an environmental law group, filed a federal lawsuit seeking to stop the loan program.

Earthjustice attorney Abigail Dillen said that the lawsuit was filed “to make sure that taxpayers do not bear the burden of a misguided investment in dirty coal plants.”

Environmental litigation was cited as one of the reasons the loan program was halted.

Air Quality Bureau Chief Catharine Fitzsimmons told the Iowa Independent that her office “turned the application back to the applicant because they hadn’t met our requirement to have the full ability to put the power plant on that property.”

She said the department refers to the local county zoning rules, and even if the agricultural land was rezoned for industrial use, it still would have to be consistent with county zoning use.

In a press release Thursday, Fitzsimmons said, “Elk Run and LS Power can submit another construction permit application after revisions are made to meet the objections specified in the application denial. At that time it will be treated as a new project.”Fitzsimmons also said the same property has been permitted before for different uses. “Until they clearly have an ability to actually construct the power plant at the site we don’t think its appropriate for us to accept the application or begin processing this.”

The permit rejection comes less than a month after a federal court ruled that the Environmental Protection Agency must clean up coal-burning plants to reduce mercury.

From SustainableBusiness.com News:

The ruling is another significant setback for utility companies that rely heavily on coal-fired power plants that will now have to install expensive mercury-reduction equipment to begin cleaning up the 48 tons of mercury they release into the air each year.
…

The U.S. Court of Appeals for the District of Columbia ruled that the EPA violated the Clean Air Act in 2005 when it exempted coal plants from the strictest emission controls for mercury, as well as other toxic substances like nickel, lead and arsenic.

The mercury cap-and-trade program the EPA created for utilities, called the “Clean Air Mercury Rule,” was deemed illegal by the court, even thought its aim was to reduce nationwide mercury emissions 70% by 2018.

Following the event, Braley, an Edwards activist in 2004, said he was happy to endorse the Democratic candidate and explained the timing.

“I represent the First District of Iowa and I wanted to make sure that the people in the First District had the opportunity to meet the Democratic candidates and make up their own minds,” he said. “I was trying to make sure that I had a clear distinction between the stances of all the candidates and I had also told all of them that I would not be making an endorsement decision until after Thanksgiving. I’ve been very focused on my job in Washington and I’ve not had the time to sit back and reflect on this important decision.”

According to Edwards, the Braley endorsement was “heavily courted” by the candidates in the Democratic field.