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August 23rd Len’s Political Note #748 Amy Jacobsen Nebraska’s Douglas County County Attorney
2025 General Election
Amy Jacobsen was born and raised in Central, Nebraska. Central is a city of about 3,000 people. She is married to Dave Ulferts, who works in commercial real estate. They have two grown daughters.
Amy Jacobsen graduated from the University of Nebraska – Lincoln College of Law in 1992. She can claim 33 years working as a prosecutor, 16 of those years as a Deputy County Prosecutor in Douglas County. She has earned the regard of her profession and her community in her work and as an adjunct faculty member in the law school from which she graduated.
Amy Jacobsen’s decision to run for the top job as County Attorney, against her boss Don Kleine, did not come easily. She does not say, but it cannot have been a surprise that Kleine fired her almost immediately after she told him she was running for the job.
There are a lot of County Prosecutors in the country, not a few where a Deputy runs against his or her boss. Kamala Harris started her electoral career just that way. Do not expect Amy Jacobsen to show up in any presidential primaries in 2028. She is not running for governor in 2026 either.
The blog Down Ballot pointed out the importance of this race, for which I thank them. Amy Jacobsen herself alludes to the importance of the race. She says the public perception and trust in the prosecutor’s office has slipped. She calls for strong leadership that collaborates with community leaders. Through that collaboration and a commitment to justice for all, she intends to keep her community safe. Her goals include supporting young people before they enter the criminal justice system. She says she can minimize the influence of gangs by addressing food insecurity, housing insecurity, and workforce training. She promises to save taxpayers’ money by eliminating “archaic” approaches to prosecution.
Help her do that as the Democratic nominee for Douglas County Attorney. The County was named for Illinois Senator and Democratic rival of Abraham Lincoln. Douglas defeated Lincoln for the position of US Senator from Illinois, but leading the northern half of a divided Democratic party, he lost to Lincoln in the 1860 presidential election. DONATE to Amy Jacobsen’s campaign for County Attorney of this district which includes Omaha, Nebraska’s largest city and Boys Town, Father Flanagan’s headquarters for saving the lives of boys and young men.
The median household income in the county was about $79,000 in 2020, a little above the national figure. In 2020, nearly 70% of the population was white, 11.5% was Black, nearly 13% were Latino regardless of race. And Native Americans were a tiny percentage of the population. Politically, the county was evenly divided. Democrats were 36.5% of the population; Republicans 35.7%.
In June, 2025, Omaha elected a Democrat as mayor. The previous mayor, Jean Stothert, a Republican, had been mayor since 2013. Donald Kleine, now a Republican, has been the County Attorney for Douglas County since 2006.
2008 Don Kleine and an ethical issue. A taste of things to come.
In 2008, young County Attorney Kleine apparently settled a complaint about a judge’s improper involvement in his nephew’s violation of a protection order. Judge Marcuzzo asked the prosecutor not to close out the plea deal after the judge’s nephew missed his court date. The judge met privately with his nephew and the young man’s attorney. The judge met who another judge who would take over the case, At the hearing with the new judge, the prosecutor presented the plea deal, the defense attorney said she plea was not agreed to. The judge proceeded to hear both sides of the case and to sentence the young man to probation – a lighter consequence than the plea deal called for. After a complaint was made about judge Marcuzzo’s involvement, Donald Kleine met with the judge. After the meeting, the judge wrote an apology to the prosecutor, which apparently settled the matter. Ten years later, the issues were more difficult and less easy to settle.
2017 Tasering Zachary Bear Heels by Officer Scott Payne
Don Kleine complained that he was removed from this case by the judge based on a conflict of interest. Kleine insisted then he was unaware of any conflict. After tasing Bear Heels twelve times, Payne was acquitted by a jury of felony assault, an assault which occurred about an hour before Bear Heels’ death. Asked why the mentally ill Bear Heels had not been put in protective custody, Kleine said “somebody dropped the ball.”
2017 Shooting death of Zachary Bear Heels by Officer Ryan McClarty
Explaining why he chose not to prosecute Ryan McClarty, Don Kleine said
he always that the case against Scott Payne was stronger. McClarty was the fourth and last police officer to deal with Bear Heels. Bear Heels had freed one hand from his handcuffs and, therefore, according to Kleine, he had a weapon – the handcuff from which he had escaped. Unaware of Bear Heels mental illness, McClarty, in his effort to control the now dangerous prisoner, continuously hit Bear Heels in the head, killing him. Kleine reported he consulted several experts about how to proceed with the case. All the experts he consulted said the officer did what he should do. Having received that advice, Kleine said it would be unethical to bring McClarty to trial.
Kleine did respond to the complaints of activists that outside investigators should be brought in to consult about what had happened, He urged the activists to reach out to the US Attorney’s office.
2018 Traffic Stop shooting which never got to Don Kleine
Omaha police officer Staskiewicz shot Native American Micah Taylor in the neck. Taylor explains that he attempted to drive away only after the police officer took out his gun and shot him in the neck. The police chief Todd Schmaderer reports that he reviewed the tapes, including one taken by an overhead helicopter, and was convinced that Staskiewicz did nothing wrong. The only further actions were criminal proceedings against MicahTaylor.
2020 Killing of James Scurlock by Jake Gardner
During the protests about George Floyd’s death, Jake Gardner and others with him, intending to protect the bar Gardner owned, had a confrontation with activist African American James Scurlock and others with him. Jake Gardner took out a previously concealed handgun after his father was knocked to the ground in the confrontation. Gardner, now visibly holding a handgun, was knocked to the ground from behind. On the ground or, perhaps, while getting up, Gardner fired two shots. Scurlock jumped on Gardner from behind, apparently trying to prevent him from getting up with his weapon. Gardner aimed the handgun over his shoulder and shot Scurlock, killing him.
After a day and a half, the police determined that Gardner had acted in self-defense and released him. The County Attorney took no action toward charging Gardner. Scurlock’s family attorney urged Donald Kleine to take the case to a Grand Jury, which he did. Kleine and his office would not prosecute. After consultations, federal prosecutor Frederick Franklin was selected as the special prosecutor. Jake Gardner was indicted for manslaughter. On the day he was required to turn himself in, Jake Gardner committed suicide. The Gardner family lawsuit claiming the Bar owner was driven to suicide by comments by Kleine and Franklin was dismissed.
The Nebraska Democratic Party denounced “Don Kleine in his handling of the James Scurlock case in a way that perpetuated white supremacy and sparked deep division in Omaha”. The party called for a partnership “with community activists to create an activist issue platform, partnering with racial equity activists and advocates to create a curriculum for political candidates and elected officials on racial equity/anti-racism/cultural competency to be renewed each year, and a standing meeting with activists to talk about the conduct of the party and its candidates/elected officials”
Donald Kleine switched parties and joined the Republicans. He ran in 2022 and defeated Dave Pantos who said he agreed with the party’s resolution arguing “Clearly there was a sense of, ‘Hey, let’s give this guy a break because he was on our side.’ He should have been arrested. He should have been charged.”
None of this has been forgotten as we move toward 2026. Don Kleine insists that firing Amy Jacobsen had nothing to do with her telling him she would run against him. Amy Jacobsen does not tie her decision to run for the top job to any specific act of Kleine. She describes a criminal justice system that has lost the confidence of the public, an approach to criminal justice that seems to lurch from crisis to crisis.
Nevertheless, Amy Jacobsen brings a different sensibility to the job. In 2016, on Facebook, she said of herself “I am also a prosecutor opposed to the death penalty. Prosecutors are sworn to serve as champions for the justice system. It is never about convictions at all costs; it is about ensuring our convictions are warranted…What if, after all my years of hard work and dedication to do justice, I made a mistake? No matter how careful anyone is, there is always potential for human error. And the death penalty is irreversible. We’re better off without the death penalty.”
She promises a justice system less fraught with controversy. She argues that there is a good reason why the public’s trust in the justice system in the county has slipped. From Day One, she says, she would bring “common sense decision making” to the Department. She would focus on working together with community leaders and law enforcement to “repair and reform the office’s culture.” She wants to office to “work fairly and equally for everyone – not only a select few.”
She did not point directly at Kleine, but said that “when bad things happen” the office has to be “patient with the process.” “There is a grand jury when officer-involved shootings happen …and that process needs to be seen through to the end without making bold comments about…what the outcome of [the Grand Jury] ought to be”
Nationally, we are in a crisis regarding law and order. The President is now “occupying” two American cities. We cannot be confident of the statements he makes or the statistics his departments produce. We need to return the country and its criminal justice system to a system that we recognize as fair and reasonable. Support Amy Jacobsen’s quest to undertake that restoration in Douglas County. DONATE.
SUPPORT DEMOCRATS RETURNING THE COUNTRY TO CONFIDENCE IN ITS GOVERNMENT. WE HAVE BEGUN IN 2025, WITH DEMOCRATS OVERPERFORMING 2024 RESULTS IN SPECIAL ELECTION AFTER SPECIAL ELECTION BY AN AVERAGE OF NEARLY 16%. LET’S OVERPERFORM IN NOVEMBER, 2025
DEMOCRATS RUNNING IN NOVEMBER, 2025
Mikie Sheril
New Jersey Governor
Keep New Jersey Blue. Recent polls have shown Congresswoman Mikie Sherill leading the Republican nominee Jack Ciatarelli: 45-37 in a recent poll and 48-42 in the most recent poll. Keep Mikie Sherill in the lead; help her win this election. DONATE. See Len’s Political Note #732
Abigail Spanberger
Virginia Governor
Make Virginia Blue. A July poll found former Congresswoman Abigail Spanberger leading the Republican nominee Lt. Governor Winsome Earl-Sears by a 49-37 margin. Twelve points is substantial. Furthermore, Abigail Spanberger has a similar funding raising lead, having raised $27 million for this race compared to her opponent’s less than $12 million. Abigail Spanberger is still raising money. It is important, but not as urgent as New Jersey. DONATE See Len’s Political note #705
Consider the Virginia down ballot candidates as well: Lt. Governor candidate State Senator Ghazala Hashmi DONATE. In Virginia, the Lt. Governor is elected separately. See Len’s Political Note #735
Also consider former Delegate Jay Jones for Attorney General DONATE. He is running behind the incumbent Republican in the financial race. See Len’s Political Note #734.
Zohran Mamdani
New York City Mayor
With a total population in between New Jersey’s and Virginia’s who governs New York City matters. Despite an onslaught of attacks on his Democratic socialism and his critical views of Israel, Zohran Mamdani earned the Democratic nomination and is leading in the polls for the November election. He is facing the considerable resources of his opponents. Born in Uganda, son of an internationally known scholar and an internationally known film producer, he is a graduate of Bronx High School of Science, Bowdoin College. He has proposed reducing the high cost of living in New York City by eliminating fees for buses, freezing rent, and developing no-cost child care. DONATE See Len’s Political Note #739.
