On Monday, January 7, 2019 Joe Monahan on his blog “New Mexico Politics With Joe Monahan” posted an article on Albuquerque Mayor Tim Keller and Bernalillo County District Attorney and the affects Albuquerque Crime rates are having on their careers.

As usual, Joe Monahan makes insightful political observations that goes beyond reporting facts and ties a few things together.

Following is Joe Monahan’s article followed by the link to the full blog and followed by further commentary and analysis:

“Monday, January 07, 2019

Fortysomething Angst: Crime Wave Testing Mettle Of Mayor Keller And DA Torrez; Murder And Drugs Continue Their Relentless March Into New Year: Keller Struggles With APD; Torrez Shifts Blame And Gets Taken Down

“The ABQ metros two young political hotshots continue to get tripped up by the ongoing ABQ crime wave, a reminder that advancing in statewide politics from the big city looks easy but really isn’t.

First, ABQ Mayor Tim Keller, 41, fresh off a high in announcing a decline in a number of crime categories, including auto theft, is now haunted by yet another misstep by his APD that has prompted yet another internal affairs investigation. This one is over the drowning death of a one year old baby girl whose parents are now charged with child abuse resulting in death:

. . .Family asked police to check on the baby on Dec. 18 and an officer did a welfare check on the baby at a Northeast Albuquerque apartment, but Romero told the officer the baby was with her sister, according to a criminal complaint filed Friday. At that point, the baby was still missing, and it’s unclear why police did not seek the public’s help in finding the family sooner. “That’s under internal affairs investigation, that’s what we’re looking into,” a police spokesman said.

The problem is that back in May the same APD failed to fully investigate the abuse of a 7 year old girl whose drug-addled parents turned her into a child prostitute. The girl’s blood-stained underwear was collected by an APS teacher but APD rejected it as evidence and had it thrown away. A shocked city saw Keller order an internal affairs investigation and be forced to make a public mea culpa over his initial support of his department’s actions.

But here we are again. And that raises the question of whether Keller and his police chief Michael Geier have command and control over the department, which operates under the purview of the Department of Justice because of its checkered past.

It also again raises the question of APD’s culture and whether Keller and Geier are making enough progress with needed reforms. It also raises the more disturbing question of whether Keller and/or Geier have become part of the defensive/rogue culture that got the city in such a law enforcement mess in the first place.

And all of that raises questions about Keller’s decision early in his term to reject choosing a new police chief from out of state to reform the rotted culture. Is it now time? Or is the Mayor going to continue to absorb the slings and arrows from an agency that seems largely unresponsive (or impervious) to his will for major reform?

Meantime, Dr. James Ginger, the highly compensated overseer of the DOJ decree governing APD, pronounces himself pleased as punch because, in part, unlike the Mayor Berry administration at least Keller and the chief talk with him. But that’s not reform, Doc. That’s ego stroking. And pretty darn expensive stroking at that.

UNRELENTING MACABRE VIOLENCE

The late ’18 and early 2019 city violence has been unrelenting. We don’t know if the parents of that one year old boy left to drown and then callously buried in a backyard forever to be forgotten were doped up, but isn’t that usually the case in these twisted sagas?

And then there’s the two teenaged boys–14 and 15–who were slain and buried in shallow graves near Rio Rancho over an apparent drug deal gone awry. The crime began in the ABQ foothills then went to the West Mesa where the boys were beaten to death, with the horror inexplicably being shown on Snapchat.

Then there was the killing of a young girl on the west side last week identified only as a “juvenile” whose 15 year old cousin went berserk, killed her and left the body in an arroyo. Drugs? No word yet.

The cops can’t necessarily stop deranged cousins, but it’s highly important to note that in the span of a couple of weeks we have a one year old dead and the parents charged; two teens in the grave because of drug abuse and a little girl aged unknown murdered and lying in an arroyo.

Those are the children of this city and state and this is not new. It is a continuation of the wickedness that began creeping up on us with the economic decline and increase in drug usage and trafficking.

ABQ has made some progress in reducing auto and property crime, but the fact remains that violence continues at historic and unacceptable levels–and it is the city’s youth who seem to be in its crosshairs.

Keller doesn’t try to spin that. But after 13 months in office difficult and potentially painful decisions about this city’s policing and its rampant drug dealing have yet to be made. Hiring more cops is not the sole solution, if the culture is not revamped. That’s like putting more salt in an already over salted sauce. The more the decisions are delayed by the 11th Floor the more pain it will bring to victims and to the future of the city.

The mayor has hired several old hands as consultants but we need fresh perspectives–from out of this region and state.

TORREZ TAKE DOWN

Now over to Bernalillo County District Attorney Raul Torrez, 42, whose political future appears to be getting swallowed up by perhaps the most horrific child murder in city history–the 2016 killing and dismemberment of 10 year old Victoria Martens.

Democrat Torrez has worked furiously during his tenure to shift blame for the crime wave to the judges. But his blame shifting has caught up with him in the Martens slaying which threatens to go unpunished under his watch and has the DA facing possible court sanctions over his public statements regarding the case. As is his custom, those statements worked to blame others for shortcomings in the case. (Has a DA ever been sanctioned here?)

This week Jessica Kelly’s trial for Victoria’s murder begins but Torrez has already alarmed the public by saying there could be “an unidentified” man who may have committed the killing and is still on the loose. And the DA has now had to drop the rape charges against her. And Kelley is being prosecuted against that backdrop? Truly this is bizarro world.

Late Monday morning Kelly copped a plea, perhaps lessening a bit of the political pressure on the DA:

One day before the first trial in the Victoria Martens case was scheduled to begin, the defendant, 34-year-old Jessica Kelley pleaded no contest to child abuse recklessly caused, resulting in death, tampering with evidence and aggravated assault.

There is already talk that Torrez could face a Dem primary challenge in 2020 when he is up for re-election. The sanctions threat and the bungling of the Victoria Martens case make him all the more vulnerable–even if he plans on running against the judges for the rest of his career.

They often say the 40’s are the “worry free years,” usually blessed with good health and career climbing. But for fortysomethings Tim Keller and Raul Torrez they are years when their mettle is being tested like never before. For them their 40’s is when your hair starts to turn gray.”

Following is the link to Joe Monahans blog:

http://joemonahansnewmexico.blogspot.com/

COMMENTARY AND ANALYSIS

Mayor Tim Keller (41) and Bernalillo County District Attorney Raul Torrez (42) have so much in common other than their age to the point they should be referred to as “BURQUE’S TWO AMIGOS”.

Both Keller and Torrez thus far have high positive name identity and strong support within the progressive wing of the Democratic party who got them elected to the positions they now hold.

Both Keller and Torrez were able to raise significant amounts of money to get elected, Torrez $500,000 and Keller $1.3 million with help from measured finance committees.

In 2016, Raul Torrez campaigned on a platform of reducing crime arguing that crime rates were too high, our criminal justice system was broken and that he was the guy to fix it.

Torrez during his first year in office blamed judges for our high crime rates because of reduced sentences given to violent criminals and dismissal of cases until it was revealed that his office voluntarily dismissed cases at much higher rates than the courts.

Notwithstanding, thus far Torrez is perceived by the public as doing a very good job and likely will get elected again in 2020 if he runs because of the extensive media coverage he gets, unless of course the news coverage becomes negative as with what is happening in the Victoria Martens murder case prosecution.

In 2017, the State Auditor Tim Keller campaigned for Mayor on a platform of reducing crime, police reform and community-based policing.

Keller has taken public relations to all new levels, but he has not shaken the perception that the city is way too violent, that he has not done enough with the city’s struggling economy and APD.

With Keller replacing the Chief and the command staff, APD is now fully his and yet APD still is plagued with problems involving high profile cases.

It has been reported that Albuquerque crime rates for the first time in nine years are now on the decline and both Mayor Tim Keller and Bernalillo County District Attorney Raul Torrez are taking credit for it.

According to political insiders and observers, both men have a burning ambition for higher office that motivates them and a lot of what they do in their jobs.

Both have mentioned they are interested in higher office, including United States Congress, United States Senate or Governor.

Now that Governor Michelle Lujan Grisham, Congresswoman Debra Haaland have been elected and Senator Tom Udall is saying it is a sure bet he will be running for US Senate for another term, both Keller and Torrez’s options have now been reduced to running for another term, if they want it.

One thing both men have in common is that their leadership is clearly being tested and both will be defined by how much progress they make in reducing crime over the next few years.

Both Keller and Torrez in all probability will be facing each other for higher office one day, unless of course they stumble tremendously and are voted out of office after serving only one term.

On August 24, 2016, the dead body of ten-year-old Victoria Martens was found in a west side apartment building.

After responding to a 911 emergency call regarding a domestic dispute, APD police officers discovered the 10-year-old child’s dismembered remains partially wrapped in a burning blanket.

The child’s body had been dismembered and then burned in the apartment bathtub in an apparent attempt to dispose of her body.

Initially, Michelle Martens, Victoria’s mother, was arrested and charged along with her boyfriend Fabian Gonzales and her friend Jessica Kelly for the rape, murder and dismemberment of 10-year-old Victoria.

AN UNRAVELING CASE RESULTS IN A LENIENT PLEA

On June 29, 2018 District Attorney Raul Torrez announced during a press conference that he negotiated a plea agreement where Michelle Martens plead guilty to child abuse of her daughter Victoria Martens.

The plea agreement contained no murder charge.

Torrez also announced several charges against Fabian Gonzales were dismissed.

The plea agreement District Attorney Torrez negotiated was to one count of child abuse, recklessly caused, resulting in the death of a child under 12.

The plea agreement guaranteed a 12 to 15-year prison sentence and dropped the most egregious charges of murder and rape.

With the plea deal, Michelle Martens faces a possible sentence of 12-15 years, and with good time she could be out of jail within 6 to 7 years.

During the press conference, District Attorney Torrez said that much of the initial facts of the case were “simply not true”.

https://www.abqjournal.com/1191031/michelle-martens-pleads-guilty-to-child-abuse-faces-12-to-15-years.html

The initial APD police investigation and reports alleged that it was Jessica Kelley that stabbed 9-year-old Victoria Martens and that Fabian Gonzales strangled her while Michelle Martens watched the murder.

During his press conference, Torrez stated that his office’s investigation found Michelle Martens falsely admitted to committing the crimes when forensic evidence revealed she and her boyfriend Fabian Gonzales were not even in the apartment at the time of the murder and did not participate in the murder.

Cell phone data proved that Michelle Martens and Fabian Gonzales were not home at the time of Victoria’s murder.

During the June 29, 2018 press conference, Torrez made the stunning announcement that DNA and forensic evidence test results revealed a fourth and unidentified individual.

MEDIA POLITICAL DAMAGE CONTROL

There was tremendous public outcry over the leniency shown to Michelle Martens who many feel contributed and who was the most responsible for committing the most heinous crimes against her own child by putting her in harm’s way.

Within a 10-day time span, Raul Torrez held a press conference covered by all local media news organizations, followed by a meeting with the Journal Editors and reporters 6 days later, had three front page Journal stories and was interviewed by Chanel 4 on the “Eye on Albuquerque” Sunday program on the plea agreement he negotiated.

https://www.petedinelli.com/2018/07/09/da-torrez-political-damage-control-mission-accomplished/

District Attorney Raul Torrez in his various media interviews shared extensive details of the case and prosecution strategy on the pending criminal prosecution against two other defendants, two identified and one yet to be found.

The full story can be read here:

https://www.abqjournal.com/1193335/details-emerge-in-search-for-4th-martens-suspect.html

REJECTED JESSICA KELLY PLEA AGREEMENT

On September 14, 2018, Jessica Kelley agreed to plead guilty to multiple charges under a plea agreement that required her to testify at related trials and to offer statements to authorities.

The plea deal was that Jessica Kelly would plead guilty to six felony charges, including child abuse resulting in death

A sentence of up to 49 years could have been imposed under the plea agreement.

There was no charge of murder that was to be plead to by Jessica Kelly.

District Attorney Raúl Torrez told the media that Kelly’s cooperation was “critically important to the state’s investigation” into the well-dressed stranger that Jessica Kelley says killed the 10-year-old girl.

On September 14, 2018 Judge Charles Brown rejected the Jessica Kelly plea agreement, saying he was not presented with enough evidence that Kelley committed the crimes she was admitting to under the plea.

District Judge Brown asked one very simple question of defendant Jessica Kelley during the plea hearing:

“What happened that makes you guilty of recklessly causing or permitting something that resulted in the death of a child?”

In response to the Judges question, Defendant Jessica Kelley testified she “let an unknown male come in, not knowing he was going to kill Victoria Martens”.

Jessica Kelley testified she had no indication the man intended to hurt anyone and thought the man might have been Victoria’s father or a “friend of the family … He did not look like a bad person, he was dressed well and he walked in like he knew the home.”

In rejecting Jessica Kellys plea agreement, Judge Brown said:

“There is no indication [nor evidence] she knew or should have known that the person intended to commit intentional murder. … You’re asking [or suggesting] … Ms. Kelley is somehow a mind reader … . ”

SEARCH FOR 4TH SUSPECT ESSENTIALLY SUSPENDED

Since the June 29, 2018 press conference, APD has been attempting to identify the fourth suspect in the Victoria Martens murder.

On December 10, 2018, District Attorney Raul Torrez announced that the two detectives assigned full time to the Victoria Martens homicide case would no longer work on the case exclusively and would work on unrelated investigations after attempts to identify an elusive fourth suspect stalled.

The DA’s statement read:

“In the absence of Jessica Kelley’s continued cooperation following the District Court’s rejection of her plea agreement, the investigation into the unidentified male has stalled. … Detectives will continue to work any new leads that are developed, but it is our understanding that they will also support other investigations.”

https://www.abqjournal.com/1256083/investigation-into-fourth-martens-suspect-has-stalled.html

Fabian Gonzales is also charged with child abuse resulting in death and tampering with evidence.

The trial of Fabian Gonzales has been delayed indefinitely pending an appeal.

The trial of Jessica Kelly is scheduled to begin on Tuesday, January 8, 2019.

A MOTION FOR SANCTIONS AGAINST DISTRICT ATTORNEY

On January 4, 2019, 4 days before her trial on murder charges is to begin, a hearing was held in the Jessica Kelly case where the District Attorney Raul Torrez dismissed the rape charges against Kelly.

The District Attorney’s Office voluntarily dismissed the rape charges, stating “after detailed forensic analysis by expert pathologists there is not sufficient evidence to connect Jessica Kelley to the charge of criminal sexual penetration.”

A defense Motion to Dismiss all charges against Jessica Kelly, including murder, and for sanctions against the District Attorney was also heard by the court.

The defense motion sought sanctions against District Attorney Raul Torrez for his accusation that there had been “an absence of cooperation from Kelly.”

https://www.abqjournal.com/1264630/da-dismisses-rape-charges-against-jessica-kelley.html

https://www.krqe.com/news/albuquerque-metro/prosecution-files-to-dismiss-rape-charges-against-jessica-kelley/1687198439

Normally, prosecutors and defense attorneys do whatever they can to keep pretrial publicity to a minimum so as not to influence any potential jury pool.

https://www.koat.com/article/new-documents-filed-in-case-against-jessica-kelley-could-affect-what-lawyers-say-in-public/25598475

Defense attorneys argued that the December 10, 2018 statement by the District Attorney cast Kelley in a bad light for not “cooperating”.

The defense correctly argued the law that as a defendant, Jessica Kelly has the constitutional right to remain silent and does not even have to take the stand to testify during her trial.

District Attorney spokesman testified that Torrez had drafted the statement in response to requests for comment from the Journal about the departure of the detectives who had been working with prosecutors on the case.

Jessica Kelley’s defense counsel argued that the DA’s statement was unnecessary and prejudicial and “yet another example of a pattern of behavior [of media contacts] by the District Attorney’s Office in this case.”

The prosecutors argued that Torrez’s statement referencing Kelley’s was factual and denied that there was any attempt to prejudice the public against Jessica Kelly.

DA TORREZ FOUND TO BE RECKLESS

During the January 4, 2019 hearing District Judge Charles Brown determined District Attorney Raúl Torrez had been “reckless” in his December 10, 2018 statement he made to the media about defendant Jessica Kelley’s absence of cooperation.

District Judge Brown said that Torrez should not have issued the December 10, 2018 statement at all.

Judge Brown admonished Raul Torrez for the statement by stating from the bench in open court:

“I don’t know if it was [intentionally done] to deprive the defendant of a fair trial, or if the goal was to shift the light away from the District Attorney’s Office or to move light to the Albuquerque Police Department … I find it to be woefully inaccurate in its ambiguity. It could be interpreted in many ways – all of them positive to the District Attorney’s office, some to the detriment of others. The District Attorney also has an obligation to protect the due process right of the defendant. … [The District Attorney] … represents the state, which is everyone including the defendant and the defendant’s families … The District Attorney’s obligation is to the system.”

Notwithstanding the harsh words, Judge Charles Brown opted not to sanction Torrez until he determines if the DA’s statement influenced potential jurors during jury selection before penalizing the state by imposing sanctions.

NEW MEXICO CODE OF PROFESSIONAL RESPONSIBILITY

Raul Torrez is not just another elected official, but is a licensed New Mexico Attorney, the Chief Law Enforcement official for Bernalillo County and a former federal Assistant United States Attorney and he should understand that contacts with the media have clear “rules of engagement” of the Code of Professional Conduct for attorneys.

As a licensed attorney and prosecutor, Torrez is held to strict standards of professional conduct, including being required to swear to and adhere to the Code of Professional Conduct.

The New Mexico Code of Professional Responsibility has a very specific rule that governs attorneys conduct and pretrial publicity:

“Rule 16-306 Trial Publicity

A. Extrajudicial Statements.

A lawyer shall not make any extrajudicial or out-of-forum [out of court] statement in a criminal proceeding that may be tried to a jury that the lawyer know or reasonably should know:

(1) is false; or
(2) creates a clear and present danger of prejudicing the proceeding.

B. Attorney’s Obligations With Respect to Other Persons.

A lawyer shall make reasonable efforts to insure compliance with this rule by associated attorneys, employees and members of law enforcement and investigative agencies.”

COMMENTARY AND ANALYSIS

The drugging, raping, murder, dismemberment and the burning of the body of 9-year-old Victoria Martens will go down as one of the most heinous crimes in Albuquerque history.

Even life imprisonment without the possibility of parole is not enough for crimes committed against this innocent child.

Whoever did kill Victoria Martens in such a brutal manner represents pure evil.

Notwithstanding the brutality of the killing, our criminal justice system and constitution presumes innocence until proven guilty beyond a reasonable doubt and demands due process of law, even for the most heinous of crimes such as the murder of Victoria Martens.

No one can fault District Attorney Raul Torrez for wanting to do what he can to secure a conviction in the case, but it must be done in a court of law and not in the court of public opinion and the media.

It is surprising that it took so long for the defense to raise the issue of pretrial publicity and the District Attorney’s comments and repeated contact with the media.

What is very problematic is that District Attorney Raul Torrez never has had a problem with holding press conferences and being interviewed by reporters sharing details and prosecution strategy in the case that may result in a “clear and present danger of prejudicing the proceeding”.

The extended media interviews that Torrez has done on the case no doubt ingratiated Torrez with the media but Torrez did not help his cause in seeking justice for 10-year-old Victoria Martens.

Another problem posed is that Torrez discussed with the media in his many interview’s conclusions based on the evidence that should be decided by a jury, not the prosecutor in the case.

Judge Charles Brown imposing sanctions against District Attorney Raul Torrez for his accusation that there had been an absence of cooperation from Kelly is the least thing Torrez needs to worry about.

District Court Judge Charles Brown could just as easily refer Raul Torrez to the New Mexico Disciplinary Board for violations of the Code of Professional Conduct relating to pretrial publicity.

Raul Torrez needs to take to heart the words of Judge Brown when he said:

“[DA Torrez] … represents the state, which is everyone including the defendant and the defendant’s families … The District Attorney’s obligation is to the system”.

Judge Brown essentially told District Attorney Raul Torrez his obligation is not just to inform the media that results in generating intense media coverage.

Judge Brown made it clear to Torrez that his ethical obligation is to the entire criminal justice system and not just to the media and his own political image and future.

Another obligation of any prosecutor is to have faith in the jury system and do the best you can to prove your case with the evidence you have and if there is not enough evidence then the investigating agency needs to be held accountable.

For a related blog articles see:

Martens Case Failures May End DA Torrez Political Career

DA Torrez Spreads Blame To APD In Martens Case

On January 1, 2019, the Washington Post published a lengthy editorial essay written by Republican Utah United State Senator Mitt Romney.

Romney was the Republican party’s 2012 nominee for President who lost to President Barack Obama.

Following is the editorial essay with the link at the end followed by reactions and commentary:

“The Trump presidency made a deep descent in December. The departures of Defense Secretary Jim Mattis and White House Chief of Staff John F. Kelly, the appointment of senior persons of lesser experience, the abandonment of allies who fight beside us, and the president’s thoughtless claim that America has long been a “sucker” in world affairs all defined his presidency down.

It is well known that Donald Trump was not my choice for the Republican presidential nomination. After he became the nominee, I hoped his campaign would refrain from resentment and name-calling. It did not. When he won the election, I hoped he would rise to the occasion. His early appointments of Rex Tillerson, Jeff Sessions, Nikki Haley, Gary Cohn, H.R. McMaster, Kelly and Mattis were encouraging. But, on balance, his conduct over the past two years, particularly his actions last month, is evidence that the president has not risen to the mantle of the office.

It is not that all of the president’s policies have been misguided. He was right to align U.S. corporate taxes with those of global competitors, to strip out excessive regulations, to crack down on China’s unfair trade practices, to reform criminal justice and to appoint conservative judges. These are policies mainstream Republicans have promoted for years. But policies and appointments are only a part of a presidency.

To a great degree, a presidency shapes the public character of the nation. A president should unite us and inspire us to follow “our better angels.” A president should demonstrate the essential qualities of honesty and integrity, and elevate the national discourse with comity and mutual respect. As a nation, we have been blessed with presidents who have called on the greatness of the American spirit. With the nation so divided, resentful and angry, presidential leadership in qualities of character is indispensable. And it is in this province where the incumbent’s shortfall has been most glaring.

The world is also watching. America has long been looked to for leadership. Our economic and military strength was part of that, of course, but our enduring commitment to principled conduct in foreign relations, and to the rights of all people to freedom and equal justice, was even more esteemed. Trump’s words and actions have caused dismay around the world. In a 2016 Pew Research Center poll, 84 percent of people in Germany, Britain, France, Canada and Sweden believed the American president would “do the right thing in world affairs.” One year later, that number had fallen to 16 percent.

This comes at a very unfortunate time. Several allies in Europe are experiencing political upheaval. Several former Soviet satellite states are rethinking their commitment to democracy. Some Asian nations, such as the Philippines, lean increasingly toward China, which advances to rival our economy and our military. The alternative to U.S. world leadership offered by China and Russia is autocratic, corrupt and brutal.

The world needs American leadership, and it is in America’s interest to provide it. A world led by authoritarian regimes is a world — and an America — with less prosperity, less freedom, less peace.

To reassume our leadership in world politics, we must repair failings in our politics at home. That project begins, of course, with the highest office once again acting to inspire and unite us. It includes political parties promoting policies that strengthen us rather than promote tribalism by exploiting fear and resentment. Our leaders must defend our vital institutions despite their inevitable failings: a free press, the rule of law, strong churches, and responsible corporations and unions.

We must repair our fiscal foundation, setting a course to a balanced budget. We must attract the best talent to America’s service and the best innovators to America’s economy.

America is strongest when our arms are linked with other nations. We want a unified and strong Europe, not a disintegrating union. We want stable relationships with the nations of Asia that strengthen our mutual security and prosperity.

I look forward to working on these priorities with Senate Majority Leader Mitch McConnell (R-Ky.) and other senators.

Furthermore, I will act as I would with any president, in or out of my party: I will support policies that I believe are in the best interest of the country and my state, and oppose those that are not. I do not intend to comment on every tweet or fault. But I will speak out against significant statements or actions that are divisive, racist, sexist, anti-immigrant, dishonest or destructive to democratic institutions.

I remain optimistic about our future. In an innovation age, Americans excel. More importantly, noble instincts live in the hearts of Americans. The people of this great land will eschew the politics of anger and fear if they are summoned to the responsibility by leaders in homes, in churches, in schools, in businesses, in government — who raise our sights and respect the dignity of every child of God — the ideal that is the essence of America.”

https://www.washingtonpost.com/opinions/mitt-romney-the-president-shapes-the-public-character-of-the-nation-trumps-character-falls-short/2019/01/01/37a3c8c2-0d1a-11e9-8938-5898adc28fa2_story.html?utm_term=.12201fa02c04

PRESIDENT TRUMP RESPONDS

On January 2, 2019, within hours after Romney’s attack on him for his lack of character and leadership, Trump dismissed the criticism in a characteristic tweet by saying:

“Here we go with Mitt Romney, but so fast! Question will be, is he a Flake? I hope not. Would much prefer that Mitt focus on Border Security and so many other things where he can be helpful. I won big, and he didn’t. He should be happy for all Republicans. Be a TEAM player & WIN!”

https://www.huffingtonpost.com/entry/donald-trump-mitt-romney-twitter_us_5c2cb4e1e4b0407e9086b334

https://people.com/politics/mitt-romney-donald-trump-presidency-column-response/

Trump’s “Flake” remark was a reference to former Republican United States Senator Jeff Flake who had become a critic of Trump.

Trump’s claim he “won big” claim is laughable and a lie seeing as he lost the national popular vote to Hillary Clinton by 4 million votes.

Trump actually secured a smaller percentage of the national vote in the 2016 election than Romney did in the 2012 election against Barack Obama.

NOTHING LIKE FAMILY NOT BACKING YOU UP

Ronna McDaniel is Mitt Romney’s niece and she is also chairwoman of the Republican National Committee.

McDaniel unloaded on her uncle’s editorial essay as “disappointing and unproductive” in a tweet of her own by saying:

“POTUS is attacked and obstructed by the MSM media and Democrats 24/7. For an incoming Republican freshman senator to attack @realdonaldtrump as their first act feeds into what the Democrats and media want and is disappointing and unproductive.”

COMMENTARY AND ANALYSIS

Mitt Romney’s Washington Post essay was extremely mild compared to what he said about Trump two years ago during the Republican Presidential primary.

During the 2016 Presidential election, after Trump became the decisive Republican primary leader taking seven states in Super Tuesday, Romney in a speech called Trump a “con man” and “a fake” and had this to say about Trump:

“If we Republicans chose Donald Trump as our nominee, the prospects for a safe and prosperous future are greatly diminished. … Donald Trump is a phony, a fraud. His promises are as worthless as a degree from Trump University. … We will only really know if he is the real deal and not a phony if he releases his tax returns and his interview with the New York Times.”

In the speech two years ago, Romney took issue with Trump’s “personal qualities,” including “the bullying, the greed, the showing off, the misogyny and the absurd third-grade antics.”

Romney included references to a number of Trump’s headline-making incidents including comments he made about members of the media.

Romney brought up Trump’s vulgar remarks about Fox News anchor Megyn Kelly, saying Trump “attributed a reporter’s questions to her menstrual cycle.”

https://www.hollywoodreporter.com/news/mitt-romney-donald-trump-is-872472

Romney’s written essay is so watered down so as to be ineffective to the point that Trump and Romney’s own niece were able to dismiss it with two simple, short tweets.

Romney has vacillated in his support of Trump as was made clear when he wanted to be appointed Secretary of State by Trump and met with him over dinner.

Romney said:

“I do not intend to comment on every tweet or fault [of Trump’s] … But I will speak out against significant statements or actions that are divisive, racist, sexist, anti-immigrant, dishonest or destructive to democratic institutions.”

But Romney’s essay now as a United States Senator shows he intends to stand up against Trump during his Senate tenure.

Not at all surprising is that Trump supporters and the Republican party quickly dismissed Romney’s Washington Post essay as a prelude to Romney running for President again and challenge Trump in the 2020 primaries.

Romney has already said he will not be running for President again.

What the essay letter should be taken as is a signal that United States Senator Mitt Romney will not hesitate to do what he feels is right and in the best interests of our country and vote to convict Trump in a Senate trial upon impeachment by the House.

A simple majority in the United States Representatives is all that is required to pass Articles of Impeachment charging Trump with “treason, high crimes and misdemeanors”.

After the midterms, the Democrats have a comfortable majority in the United States House, with a total of 435 house members consisting of 235 Democrats, 199 Republicans and 1 vacancy on a race yet to be called.

A two thirds vote in the United States Senate is required to convict and remove a president after a trial presided over by the Chief Justice of the United States Supreme Court.

Currently there are 100 Senators consisting of 53 Republican Senators, 45 Democratic Senator’s and 2 Independents and 67 Senators must vote to convict to remove.

With 45 US Senate Democrats, 21 Republican Senators will need to vote to convict Trump, which is why so many political pundits say it is unlikely Trump will ever be removed unless the Mueller Russian Investigation clearly shows criminal activity and acts of treason by Trump and his family.

It will be interesting to see how many Republican United Senators will actually put country before party and do the right thing and convict to remove Trump.

The one thing President Trump and Ronna McDaniel will not be able to dismiss with simple tweets is when United State Senator Mitt Romney votes to convict and find Trump guilty of articles of impeachment and remove him from office.

Albuquerque City Councilors Pat Davis and Isaac (Ike) Benton are two politicians who are so much alike as to be almost indistinguishable when it comes to their voting records they could be called Tweedledum Pat Davis and Tweedledee Ike Benton.

Both Benton and Davis are saying they intend to run for re-election to the Albuquerque City Council this year in the October, 2019 municipal election.

IKE BENTON

Issac (Ike) Benton is the District 2 City Councilor and was first elected to the council in 2005.

Benton is a retired architect and avowed urbanist.

Benton’s city council district includes a large area of downtown Central and the North Valley which leans left and is heavily hispanic.

Benton ran unopposed in 2015.

Benton, 67, disclosed to a political blogger he thought about not seeking re-election and said he looked around to see if a younger, qualified person was “waiting in the wings”, but he said he could not find anyone to run.

The “wing” Benton was probably referring to is the pediatric wing of Presbyterian Hospital where he yelled out “Does anyone of you live in my district who wants to be city councilor?”

Truth is, no one is going to disclose to a sitting city counselor they intend to run unless they are absolutely sure the incumbent is not running, and that is just how it works in politics.

PAT DAVIS

City Councilor Pat Davis was elected to the Albuquerque City Council in October 6, 2015 to represent District 6.

District 6 encompasses the International District, Mesa Del Sol, Nob Hill, Southeast Heights, and the University of New Mexico.

Last year, Davis ran for congress in the First Congressional District but withdrew from the race and he polled at 3% and could not raise the money to run a viable campaign.

Davis endorsed another Democrat who he felt was the most “progressive” out of a field of 7 who were all progressive Democrats but only one was to his liking. (See below blog article.)

City Hall insiders are saying that Pat Davis and Mayor Tim Keller are on the outs and that Keller is looking for an opponent to run against Davis.

Still other political observers say Davis is trying to secure a decent job within the new administration of Governor Michelle Lujan Grisham.

THEIR VOTING RECORDS SAY IT ALL

Both Davis and Benton proclaim to be “progressive democrats”, however their City Council voting records say otherwise.

The past three years Albuquerque has suffered from record breaking high crime rates and the ART bus project without either Benton nor Davis even trying doing much to improve things.

There are at least 8 egregious specific votes Issac Benton’s and Pat Davis’s that reveal the true voting record on the Albuquerque City Council and go against the core Democratic principles:

1. City Councilors Benton and Davis voted repeatedly for and supported the disastrous ART Bus project that has destroyed the character of Route 66. Both refused to advocate to put the ART Bus project on the ballot for public approval. Benton and Davis voted to spend federal grant money that had yet to be appropriated by congress. The ART Bus project has been a total disaster resulting the destruction of the character of Route 66. ART has a negative impact on Central resulting in several businesses going out of business. Many central businesses and Nob Hill businesses, no longer exist because of the ART Bus Project.

2.Both Benton and Davis voted to use $13 million dollars in revenue bonds to pay for the ART Bus project. The revenue bonds were not voted upon by the public. It was reported that the Albuquerque City Council borrowed over $63 million dollars over a two-year period to build pickle ball courts, baseball fields and the ART bus project down central by bypassing the voters. The $65 million dollars was borrowed with the Albuquerque City Councilors voting to use revenue bonds as the financing mechanism to pay for big capital projects.

https://www.abqjournal.com/919263/revenue-bonds-find-favor-in-abq.html

3. The Albuquerque City Council plays a crucial oversight role of the Albuquerque Police Department (APD) including controlling its budget. Benton and Davis did nothing when it comes to Albuquerque Police Department (APD) reforms and has never challenged the previous Administration and the former APD command staff in any meaningful way demanding compliance with the Department of Justice (DOJ) consent decree reforms. Each time the Federal Court appointed Monitor presented his critical reports of APD to the City Council, Benton and Davis remained silent. Both declined to demand accountability from the Mayor and hold the APD command staff responsible for dragging their feet on the reforms. Both Benton and Davis failed to attend any one of the federal court hearings on the consent decree.

4. Both Benton and Davis voted for the city ordinance amendments requiring equal pay for woman but failed to demand more. The amendments to the equal pay for woman ordinance sounded good and look good on paper but accomplished very little. The truth is that the equal pay for woman ordinance only applies to city contracts and those who do business with the city. The ordinance is voluntary and gives preferential treatment on city contracts to those who voluntarily comply. The equal pay for woman ordinance should apply to all businesses licensed to do business in Albuquerque, it should be mandatory for all businesses and enforced by city planning that issues business licenses and could be made so by the city council.

5. When he served on a task force to overhaul Albuquerque’s public fiancé laws, Pat Davis declined to advocate meaningful changes to our public finance laws making it easier for candidates to qualify for public finance. The only change both Davis and Benton agreed to was increasing the amount of money candidates get and not the process of collecting the donations to qualify and not expanding the time to collect qualifying donations. The lack of changes to the public finance laws favors incumbents like Davis and Benton.

6. Davis advocated for enactment of the Healthy Workforce ordinance by voters which would have mandate the pay of sick leave by employers and was always there for a photo op with those organizations who pushed to get it on the ballot. However, both Benton and Davis never demanded the City Attorney’s office enforce the existing Albuquerque minimum wage ordinance, even when workers were forced to sue their employers. Davis and Benton claim to be in favor of increasing the minimum wage, but they have never demanded the Mayor nor the City Attorney to enforce the current city ordinance enacted by voters with a 2 to 1 margin.

7. On July 2, 2018 Democrat Mayor Tim Keller vetoed the $2.6 million economic development package that would help Topgolf to construct a $39 million entertainment complex at the site of the former Beach Waterpark. Benton and Davis went along with the City Council voting 8-1 to give the incentives after a 9-0 veto override Keller’s veto of a resolution expressing the city councils support. A few weeks later, Both Benton and Davis again voted to override Democrat Mayor Keller’s veto of the funding. Rather than give the new Democrat Mayor the benefit of the doubt, Benton and Davis voted to overturn the veto, but never once voted to overturn a veto of the previous Republican Mayor.

https://www.abqjournal.com/1192145/keller-vetoes-topgolf-economic-development-package.html

8. The most egregious votes by Benton and Davis was that they voted for the final adoption of the ABC-Z comprehensive plan which will have long term impact on our neighborhoods and favors developers. The enactment of the comprehensive plan was a major priority of Republican Mayor Berry and the development community pushed hard for its enactment before Berry left office. The ABC-Z project rewrite was nothing more than making “gentrification” an official city policy and the “gutting” of long-standing sector development plans by the development community to repeal those sector development plans designed to protect neighborhoods and their character. Benton, a retired architect knew better but refused to intervene on behalf of neighborhood interests.

COMMENTARY AND ANALYSIS

It will be during the first few weeks of March, 2019 that petitions will be made available to collect qualifying signatures to get on the 2019 municipal ballot for city council.

Most assuredly, Benton and Davis will not only get necessary qualifying signatures, but will also secure public financing because they have done it before.

In 2017, Democrat City Councilors Ken Sanchez and Dianne Gibson were reelected to the Albuquerque City despite being staunch ART supporters and having an almost identical voting record to City Councilors Benton and Davis.

What people should be sick of are Democrats acting and talking like Republicans especially after they get elected to positions like Mayor and City Council and arguing that they are being “nonpartisan”.

No doubt both City Councilors Isaac Benton and Pat Davis will say that the City Council is “non-partisan” and they needed to cooperate with Republicans to get things done, even though Democrats now hold a majority of 6-3 on the City Council and even though the Mayor is a Democrat.

However, there is a significant difference between cooperating and working with other elected officials from the opposite party and then being hypocritical and going against your own basic political philosophy of what you believe to be true and then turning around and acting and voting against that what you claim to believe in.

What would be another disappointing election is if Davis and Benton are re elected saying they are Progressives Democrats when in fact they vote like conservative Republicans.

Hope springs eternal that both Benton and Davis will have strong opposition so their constituents can thank them for their service and they can move off the City Council.

No One Should Respect A Hypocrite Like Pat Davis

It’s official, Governor Michelle Lujan Grisham is our new Governor having been sworn in January 1, 2019.

Since being elected on November 6, 2018, Governor Michelle Lujan Grisham and her transition team have been very busy assembling a cabinet and staff.

On January 15, 2019, the New Mexico 60-day legislative session begins.

The New Mexico Senate will begin hearings and vote to approve or reject Cabinet Secretary designates.

With the Democrats in control of the Senate, it is more likely than not all of her cabinet appointments will be approved very quickly.

There appear to be no controversial appointments as plagued Lujan Grisham’s predecessor, “She-Who-Must-Not-Be-Named”.

GOVERNOR CABINET APPOINTMENTS

Governor Lujan Grisham has announced cabinet Secretary designate nominees that are subject to Senate confirmation and all started to work immediately.

They will make $128,000 a year, the standard rate for any state cabinet secretary.

Following is a listing of Governor Michelle Lujan Grisham’s cabinet appointments:

Secretary Of The Department Of Finance And Administration (DFA): Olivia Padilla-Jackson was appointed the new Secretary of DFA which functions as state government’s central budget office. She is a former director of the state Board of Finance. The DFA will be responsible for overseeing the state’ s expenditures at a time of unprecedented revenue levels with a total of $1.1 billion in new money projected for the coming budget year due primarily to surging oil production levels.

Secretary of the Human Services Department: Governor Lujan Grisham appointed Dr. David Scrase Human Services Department (HSD) Secretary. HSD is one of the state’s largest agencies with more than 2,000 employees. The Human Services Department administers the state’s Medicaid program and programs for New Mexicans with mental illness and addiction issues. Secretary designate Scrase is a professor at the University of New Mexico School of Medicine and the section chief of geriatrics at the UNM Health Sciences Center.

Secretary of Homeland Security and Emergency Management: Jackie White, a captain in Albuquerque Fire Rescue will head homeland security department. Her 17-year career includes work in special operations, homeland security and fire investigations.

Secretary of the Energy, Minerals and Natural Resources Department: Sarah Cottrell Propst has been appointed Secretary and will oversee the State Parks division and regulate oil and natural gas drilling in New Mexico.

https://www.abqjournal.com/1257716/gov-elect-lujan-grisham-makes-three-cabinet-picks.html

Secretary of Cultural Affairs: Debra Garcia y Griego, director of the city of Santa Fe’s Arts Commission, is the new cabinet secretary. Garcia y Griego is a board member of the nonprofit Americans for the Arts and she has an international reputation in the arts community.

Secretary of the Department of Information Technology (IT): Vincent Martinez, who served in the state House from 1993 to 1997, is the new IT Secretary. Former Representative Martinez already works in the department as managing director of cloud and communications.

Secretary of Higher Education: Kate O’Neill, the former CEO of the University of New Mexico’s campus in Taos, has been appointed Secretary of Higher Education. The UNM Taos campus was struggling in rural New Mexico until she was able to turn it around.

Secretary for the Department of Transportation: Mike Sandoval, a 24-year state employee and a division director within the state Department of Transportation is the Secretary designate. Sandoval has overseen the Rail Runner Express commuter train, commercial-vehicle permitting, traffic safety and other programs.

https://www.abqjournal.com/1261649/lujan-grisham-picks-4-new-cabinet-secretaries.html

Secretary of Department of Veterans Services: Judy Griego, a brigadier general retired from the Air Force, has been appointed cabinet secretary. She is the first woman to reach the rank of brigadier general in the New Mexico National Guard and serve one tour of duty in Afghanistan.

Office of African American Affairs: William Scott Carreathers, Director of African American Student Services at the University of New Mexico and former Associate Dean, was appointed to head the department.

Secretary of the Department of Tourism: Jen Schroer, a former president and chief executive of the New Mexico Hospitality Association, was appointed to serve as cabinet secretary for tourism. She worked earlier in the New Mexico Tourism Department. Ms. Schroer is returning to New Mexico in that she was the Executive Director of the Davis Chamber of Commerce located in California.

https://www.abqjournal.com/1261901/lujan-grisham-reveals-3-new-appointees.html

Secretary of Economic Development: Alicia Keyes, Albuquerque’s film liaison director and a former Walt Disney Company executive has been appointed cabinet secretary. Keyes worked in the City of Albuquerque film department where she oversaw the deal to make the city home to NETFLEX’s first United States production hub. Keyes has been given major credit for suggesting to NETFELX to buy the Albuquerque Studios with NETFLEX planning to invest $1 Billion dollars in New Mexico over 10 years. She grew up partly in New Mexico and attended Albuquerque Academy.

General Services Department: Ken Ortiz who worked for Democratic Secretary of State Maggie Toulouse Oliver, will head this department. He said his initial priorities include ensuring the state procurement code gives local businesses a fair chance to win state contracts.

Superintendent of Regulation and Licensing: Marguerite Salazar, who has had a Cabinet-level position under outgoing Colorado Governor John Hickenlooper, a Democrat, is the new cabinet superintendent. She has had a similar role in Colorado, where she was the executive director of the Department of Regulatory Agencies.

Department of Workforce Solutions: Former New Mexico House Representative Bill McCamley of Las Cruces Democrat will head the department. McCamley is a former Doña Ana County commissioner, and he ran a nonprofit group that worked on economic development in rural areas. He sought the Democratic nomination for state auditor this year and lost in the primary to newly elected Brian Colon.

Department of Aging and Long-Term Services: Alice Liu McCoy, an attorney for Disability Rights New Mexico, a nonprofit advocacy group, will now be in charge of the department. McCoy sued the state recently for failing to regulate boarding homes that take in former psychiatric patients.

https://www.abqjournal.com/1259307/lujan-grisham-nominates-3-for-cabinet-posts.html

Children Youth and Families Department: Brian Blalock will take over the Children, Youth and Families Department, or CYFD. Blalock has a lengthy background in youth law and will make a move to the agency from being the law and policy director at Tipping Point Community which is an anti-poverty group in the Bay Area.

Department of Public Safety: Mark Shea has been named the new Secretary of the Department of Public Safety. Shea is currently the undersheriff of Valencia County and has been in law enforcement for more than four decades.

Environment Department: James Kenney is the new Secretary of the Environment Department after spending more than 21 years at the Environmental Protection Agency, most recently as senior policy advisor for oil and gas.

Department of Health: Kathy Kunkel will be the new Secretary of the Department of Health. Kunkel spent the last four years as deputy director of the DOH overseeing multiple facets of the agency.

https://www.kob.com/politics-news/governor-names-new-cyfd-leader-among-others/5201394/?cat=500

Probation and Parole: Former State Senator Cisco Mcsorley has been appointed to head the Division which is within the Department of Corrections. Before resigning the State Senate, Mc Sorely had the distinction of being the longest serving member in the legislature having served since 1985, first in the House and then in the Senate.

Taxation and Revenue Department: Stephanie Schardin Clarke, a former Deputy Secretary of Finance and Administration for the state, was appointed to head this department and the agency includes the Motor Vehicle Division. Ms. Clarke also has worked for Santa Fe County and the Legislative Finance Committee.

Indian Affairs Department: Lynn A. Trujillo, Native American coordinator of the U.S. Department of Agriculture, has been selected Secretary of indian Affairs. She has worked as general counsel at Sandia Pueblo, where she’s also a member.

https://www.abqjournal.com/1271538/lujan-grisham-taps-leaders-for-taxation-indian-affairs.html

Public Education Secretary: Karen Trujillo is the new cabinet Secretary for Public Education. Trujillo has more than two decades of experience in education both in teaching and professional development. She received her bachelor’s, master’s and doctorate from New Mexico State University and is currently serving as the university’s interim associate dean for research at the school’s College of Education. NOTE: Lt. Governor Howie Morales was appointed as an “acting secretary” until Trujillo was appointed.

https://www.kob.com/new-mexico-news/governor-announces-new-mexicos-top-education-officials/5221232/?cat=500

Department of Corrections: Julie Jones, a former corrections secretary in Florida will oversee New Mexico’s prison system as the Secretary of the Department of Corrections.

https://www.abqjournal.com/1275236/florida-official-to-run-nm-prison-system.html

New Mexico Secretary of Agriculture: The Secretary of Agriculture is Jeff Witt. The Department of Agriculture is responsible for ensuring a safe and secure food supply and a fair marketplace, protecting natural resources and the environment, and promoting markets and trade. The Secretary of Agriculture serves on the governor’s cabinet but reports to the New Mexico State University board and university president.

Governor Michelle Lujan Grisham has yet to appoint a new Director of the Workers’ Compensation Administration.

GOVERNOR’S OFFICE APPOINTMENTS

Governor Lujan Grisham has also made the following appointments who will be working directly out of the Governor’s Office:

John Bingaman, the son of former U.S. Sen. Jeff Bingaman, D-N.M., who headed up her transition team, was appointed one of two Chief of Staff who will be “co equal” in authority and report directly to Governor Lujan Grisham.

Bingaman, 39, a private sector investment banker and managing principal of an investment firm, will oversee policy development, the legislative team and legal operations in the Governor’s Office.

Santa Fe County administrator Teresa Casados, 55, was also appointed Chief of Staff and will serve as chief operations officer and oversee the execution of policy and legislation, work with Cabinet secretaries and manage constituent services.

Albuquerque Civil rights attorney Matthew L. Garcia was appointed General Counsel to the Governor.

Dominic Gabello, Lujan Grisham’s gubernatorial campaign manager, was appointed as Senior Adviser for Policy, Strategy and Communications.

Stephanie Kean, an urban planner who worked in Lujan Grisham’s congressional office was appointed Senior Policy Adviser for Education.

Albuquerque attorney Jane Wishner, a founding member of the law firm Peifer, Hanson & Mullins, was appointed executive policy adviser for health and human services. She is also the former Director of the Southwest Women’s Law Center.

Mariana Padilla, who worked in Lujan Grisham’s congressional office, was appointed Director of the Children’s Cabinet.

Victor Reyes was appointed the Governor’s Legislative Director. Reyes has worked as a senior staff member for the New Mexico State Senate Democratic caucus.

Matt Ruybal, who handled constituent services in Lujan Grisham’s congressional office, was appointed the Governor’s Director of Constituent Relations.

Tripp Stelnicki, a former Reporter for the Santa Fe New Mexican and covered city and county government, was appointed the Governor’s Director of Communications.

COMMENTARY AND ANALYSIS

In characteristic style and with a sense of purpose and urgency, Governor Michelle Lujan Grisham is hitting the ground running with the appointment of her cabinet designates and executive staff.

What is very impressive is the fact that she has attracted some very high-quality people that will help her press her agenda during her first legislative session in office, which will be critical in moving the state forward.

Governor Lujan Grisham has clearly surrounded herself with people she knows and trusts and who are more than capable of handling their jobs.

Virtually all the appointments reflect a Governor who really knows and understands New Mexico state government and agencies, no doubt because she herself is a former cabinet secretary having worked for Democrat and Republican Governors, not to mention that she is a former Bernalillo County Commissioner and US Congresswoman.

What is noteworthy is the appearance of a seamless, low key approach to the transition and the selection of highly qualified people to serve.

Eight years ago, the previous administration had difficulty in finding qualified people primarily because the Republican Governor had an absolute ignorance of the many functions of state government and services provided, except for prosecuting people and had a hell bent attitude to dismantle or reduce the size of government.

Sincerest best wishes to Governor Michelle Lujan Grisham, her cabinet and staff as they begin their great adventure together with high hopes and tremendous potential.

New Mexico begins our new adventure full of pride, hope and promise!

“Si Se Puede!”