Alaska continues criminal prosecution of nine American Samoan residents despite landmark U.S. Supreme Court citizenship ruling | Jonson Kuhn/KTUU
The State of Alaska is doubling down on its criminal prosecution of nine American Samoan residents in Whittier, opposing a motion to dismiss that argues a landmark U.S. Supreme Court ruling makes them U.S. citizens. The development comes as members of the Pese family remain caught in the state’s slow-moving legal system. A discovery hearing for Michael Pese — who filed the initial motion to dismiss in Anchorage Superior Court — was scheduled for this week, though representation for the family said they expect little progress as these hearings have repeatedly been rescheduled. In a court filing on Aug. 4, state prosecutors formally opposed Pese’s motion to dismiss the felony voter misconduct charges. Pese’s defense team argued that under the recent U.S. Supreme Court decision in Trump v. Barbara, anyone born on U.S. soil—including U.S. territories like American Samoa—is constitutionally a U.S. citizen under the Citizenship Clause of the Fourteenth Amendment. Read Article
