On September 10, Mayor Tim Keller and APD Chief Michael Geier held a press conference to announce that Chief Geier was retiring after 2 years and 9 months as APD Chief. Keller announced a national search would be conducted to find a new chief. During the September 10 press conference, Mayor Tim Keller announced he was appointing First Deputy Harold Medina as Interim APD Chief.

During the September 10 press conference Mayor Keller said in part:

“ … We know reform efforts have hit some snags, and we know there have been back office challenges and distractions. Chief Geier’s retirement comes at the right time for a new phase of leadership to address the old embedded challenges that continue to hamper the department. … .”

https://www.kob.com/albuquerque-news/chief-geier-forced-out-of-his-position-with-apd/5858023/?cat=500

It was on September 5 Labor Day Holiday weekend that Mayor Tim Keller and CAO Sarita Nair summoned Chief Geier to a city park where Keller, according to Geier, showed up “incognito”, wearing a cap and sunglasses to met with Geier. Keller told Geier he had decided to let Geier go, that his services were no longer needed and it was time for Geier to leave APD. Keller gave Geier the choice of retiring or being fired and he chose retirement.

Within days after being forced out, Geier made the rounds to all local news outlets and gave exclusive interviews. Geier unloaded on Mayor Keller proclaiming that Keller and his Chief Administrative Officer Sarita Nair micro managed the department. Geier also said that First Deputy Chief Harold Medina circumvented all he did to the point of insubordination.

Keller’s removal of Geier as APD Chief was viewed by city hall insiders and political observers as Keller’s first major step to his bid for a second term. Keller saying that the “reform efforts have hit some snags” was a gross understatement if not a downright lie by Keller. City hall confidential sources have confirmed that Mayor Keller was given an advanced briefing that the 12th Federal Monitor’s report on APD’s compliance with the 271 reforms was going to be the most scathing of all 12 reports as to APD’s leadership. It was.

On Friday, October 6, in a hearing on the 12th Federal Monitors Report, the Federal Monitor Ginger told the court:

“We are on the brink of a catastrophic failure at APD. … [The department] has failed miserably in its ability to police itself. … If this were simply a question of leadership, I would be less concerned. But it’s not. It’s a question of leadership. It’s a question of command. It’s a question of supervision. And it’s a question of performance on the street. So as a monitor with significant amount of experience – I’ve been doing this since the ’90s – I would have to be candid with the Court and say we’re in more trouble here right now today than I’ve ever seen.”

PUBLIC INPUT GIVEN ON WHAT DESIRED IN CHIEF

Within days after the departure of Chief Geier, the city posted and advertised the position nationally. The Keller Administration hired a consultant to help search for the City’s next APD Police Chief. The result was 39 applicants who submitted their resumes.

The City conducted more than 40 virtual meetings with community groups and interested parties. According to a city spokesperson, the city received more than 2,200 responses to an online survey seeking feedback on the Chief’s position. City spokeswoman Alicia Manzano said 5 themes emerged from those meetings expressing a desire for a chief to have an understanding:

1. Behavioral health issues.

COMMENTARY: This should come as no surprise. The 2014 Department of Justice of investigation of APD found a “culture of aggression” with APD’s interactions and responses to suspects that were mentally ill and that were having psychotic episodes. APD used deadly force against people who posed a minimal threat, including individuals who posed a threat only to themselves. Two cases in particular highlight the problem: the shooting of homeless camper and mentally ill James Boyd by APD SWAT in the Sandia Mountain foothills and the shooting of military army veteran Ken Ellis, III who was suffering with Post Traumatic Stress Disorder. The Boyd case resulted in a $5 million dollar settlement to the Boyd family, the Ellis case resulted in a $10 million settlement to the Elis family, both lawsuits file for wrongful death and police misconduct. The two SWAT Officers that killed Boyd were charged with murder but the charges were dismissed after a jury could not reach a verdict and deadlocked.

2. A commitment to de-escalation use by police.

COMMENTARY: The DOJ found APD failed to use deescalating tactics when encountering the mentally ill. The DOJ found APD police officers too often used deadly force in an unconstitutional manner in their use of firearms against the mentally ill. The DOJ consent decree mandates significant training of officers in de-escalation tactics to deal with the mentally ill and mandated behavioral health policies and procedures.

3. Transparency.

COMMENTARY: APD has an extensive history of withholding and delaying damaging information and even going to great lengths to withhold informatikon, especially when it comes to police misconduct cases, releasing lapel camera footage, and has repeatedly delayed the releasing of information within APD Internal Affairs. Repeatedly, the city has been fined over the years for Inspection of Public Records (IPRA) request violations. At one time, the Federal Court Monitor charged APD command staff of delay, diversion and obstruction tactics in the release of information and cooperation.

4. Community policing.

COMMENTARY: The 2014 Department of Justice investigation found that APD was severely shorthanded and was having difficulty in handling the severe spike in calls for service and criminal investigations. In 2017, Tim Keller campaigned to be elected mayor on the platform of increasing the size of the Albuquerque Police Department (APD), returning to community-based policing and promising to bring down skyrocketing crime rates. To that end, the Keller Administration began implementing an $88 million-dollar APD police expansion program increasing the number of sworn police officers from 898 positions filled to 1,200, or by 302 sworn police officers, over a four-year period. Keller promised to increase the number of sworn police in the department to 1,200 by the end of his first term. According to city records and reports, APD has 974 officers at last count. APD is short by upwards of 200 sworn police of what was promised by candidate Tim Keller.

5. Racial equity

COMMENTARY: APD, just like all law enforcement agencies over the country, is under more and more public scrutiny regarding its interactions with minorities. The killings of so many unarmed African Americans has brought forth that scrutiny. It was many organizations involved with minority issues that were instrumental in bringing the Department of Justice to Albuquerque to investigate APD’s use of force and deadly force. Six years ago, APD was sued in Federal Court for “racial profiling” and targeting African Americans and Hispanics involved in Federal narcotics investigations and prosecutions in the South East Heights area, but those civil rights cases were dismissed by the courts with a finding of no racial profiling

https://www.abqjournal.com/1532419/a-tumultuous-year-at-apd-comes-to-a-close.html

PUBLIC CONCERNS MIRROR THE DOJ INVESTGATION FINDINGS

It is not at all surprising that virtually all 5 of the themes the public survey found as to what the public wants in its next Chief hit squarely on the issues identified and involved with the Department of Justice (DOJ) investigation and the Federal Court Approved Settlement Agreement.

On April 10, 2014, the United States Department of Justice (DOJ), Civil Rights Division, submitted a scathing 46-page investigation report on an 18-month civil rights investigation of the Albuquerque Police Department (APD). The investigation was conducted jointly by the DOJ’s Washington Office Civil Rights Division and the United States Attorney’s Office for the District of New Mexico.

The link to the DOJ investigation 46-page report is here:

https://www.justice.gov/sites/default/files/crt/legacy/2014/04/10/apd_findings_4-10-14.pdf

The DOJ reviewed all fatal shootings by officers between 2009 and 2012, and found that officers were not justified under federal law in using deadly force in the majority of those incidents. The investigation found APD’s policies, training, and supervision were insufficient to ensure that officers encountering people with mental illness or in distress do so in a manner that respected their rights and in a manner that was safe for all involved.

A significant number of the use of force cases reviewed by the DOJ involved persons suffering from acute mental illness and who were having a mental health crisis. The DOJ found APD failed to use deescalating tactics when encountering the mentally ill. The DOJ found APD police officers too often used deadly force in an unconstitutional manner in their use of firearms. Officers used deadly force against people who posed a minimal threat, including individuals who posed a threat only to themselves or who were unarmed. Officers were found to have used deadly force in situations where the conduct of the officers heightened the danger and contributed to the need to use force.

What differentiates the DOJ’s investigation of APD from the other federal investigations of police departments and consent decrees is that the other consent decrees involve in one form or another the finding of “racial profiling” and use of excessive force or deadly force against minorities. The DOJ’s finding of a “culture of aggression” within APD dealt with APD’s interactions and responses to suspects that were mentally ill and that were having psychotic episodes.

On November 10, 2014, the City and the Department of Justice entered into a Court Approved Settlement Agreement (CASA) that mandates 271 sweeping reforms of the APD. The CASA was negotiated to be completed within 4 years and after 2 years of consecutive compliance, the case was to be dismissed in November of 2020. Six years have now expired and APD has failed to fully implement the reforms and is not in compliance.

CHIEF APPLICANTS FROM ACROSS THE COUNTRY

On January 1, 2021, the Albuquerque Journal published a front-page story entitled “39 Apply to be Albuquerque’s Top Cop”. The Journal made an Inspection of Public Records Request (IPRA) and the city provided the paper with the resume’s that had been turned in by the applicants on or before December 4. On Wednesday, December 30, the city released the names of 39 applicants.

According to a city spokesperson, a screening process was undertaken. The candidates and their résumés were sorted into 25 “qualified” candidates and 9 “unqualified” candidates. The city gave no specific explanation as to why an applicant was disqualified. The 9 applicants found not to be qualified. Two of those disqualified were identified as David Bibb, the recently ousted chief of the Las Vegas Police Department in New Mexico, and Emil Radosevich, who recently resigned as chief of the Pueblo of Jemez Police Department.

There were 5 applicants who had applied after the Journal’s records request and are identified as : Al Fear, Philip Holmes, Robert Jones, Kenneth McCoy Jr. and Daniel Neill.

The link to the full Journal story is here:

https://www.abqjournal.com/1531748/39-apply-to-be-albuquerques-top-cop.html
The story divided the qualifying applicants into 3 categories:

1. Police chiefs of small cities
2. Higher ranking officials within large police departments,
3. Those who have left law enforcement for other professions and who are seeking to return.

In response to an Inspection of Public Records Act (IPRA) request, the Journal received the following list of identified applicants:

SMALL CITY POLICE CHIEFS

1. George Austin, chief of police of the Milton Police Department in Georgia.

2. Roland Camacho, chief of police of the Chambersburg Police Department in Pennsylvania.

3. Joel Fitzgerald Sr., chief of police of the Waterloo Police Department in Iowa. Fitzgerald was police chief in Fort Worth, Texas, but was fired in 2019.

4. Clinton Nichols, chief of police of the Commerce City Police Department in Colorado.

5. Edward Reynolds, chief of police of the Southern University of Shreveport Police Department in Louisiana.

6. Todd Richardson, who was the sheriff of Davis County, Utah, until 2019. He’s now a deputy with the Beaver County Sheriff’s Office.

LARGE POLICE DEPARTMENT OFFICIALS:

7. Harold Medina, APD’s interim chief while the search unfolds. Medina previously served as deputy chief of APD and, before that, was Chief of Police for the Pueblo of Laguna.

8. Jason Lando, a commander with the Pittsburgh Bureau of Police.

9. Mark Molinari, a commanding officer at the New York City Police Department.

10. James Rhoden, a commander with the Baltimore Police Department.

11. Michael Rigoli, who recently retired as a lieutenant with the Chicago Police Department.

12. Joseph Sullivan, who recently retired as a deputy commissioner of patrol operations for the Philadelphia Police Department.

13. William Taylor, chief deputy of the DeKalb County Marshal’s Office in Decatur, Georgia.

14. Michele Williams, who retired from the Santa Fe Police Department as a lieutenant. She is suing the city of Santa Fe, alleging her rights as a whistleblower were violated when she was removed from her position for reporting time card fraud and other improprieties.

15. Joseph Lestrange, a division chief of the Homeland Security Investigations transnational organized crime division in Washington, D.C.

16. Albert Pleasant IV, a special agent with the Air Force Office of Special Investigations in Texas.

THOSE WHO HAVE LEFT LAW ENFORCEMENT AND SEEKING TO RETURN

17. Jesus Eduardo Campa, CEO of Americas Best Strategic Security Group in El Paso and executive director for the Council on Law Enforcement Education and Training, a regulatory law enforcement agency for the State of Oklahoma. He served previously as chief of police for the Marshall Police Department and applied to be the chief of police in Santa Fe in 2015.

18.Thomas Cassella, director of security and valet at Caesars Entertainment Horseshoe Casino in Baltimore, Maryland. He worked previously for the Baltimore Police Department for 23 years.

19. Brian Childress, an instructor at the Law Enforcement Command College at Columbus State University in Georgia and an assessor for the Commission on Accreditation for Law Enforcement Agencies in Virginia. He served as chief of police for the Valdosta Police Department from 2013 to 2018.

20. Jonathan Lewin, senior public safety adviser for the First Responder Network Authority in Virginia. He spent 15 years with the Chicago Police Department.

21. John Pate, the city manager and director of public safety for city of Opa-locka, Florida. He worked previously for the Cook County Sheriff’s Office and the Village of Phoenix Police Department, both in Illinois.

22. Anthony Schembri, who quotes Rudy Giuliani as saying he’s a “pioneer” and has been appointed to various posts by three governors, two mayors of New York, and more. He was a county administrator and director of public safety for Citrus County, Florida, from 2008 to 2009.

23. George Smith, vice president of Corporate Security Life Safety for the Bank of America in Delaware. He previously spent 27 years with the Radnor Township Police Department.

24. David Williams, a mission assurances division chief for the U.S. Air Force in Nebraska.

KELLERS SEEKS TO APPOINT CHIEF PUBLIC SAFETY OFFICER

On December 11, it was reported that the city is looking to hire a Chief of Public Safety who would oversee the chiefs of the Albuquerque Police Department, the Fire and Rescue Department and the Office of Emergency management. The Chief Public Safety Officer would be a civilian post and report to the city’s Chief Administrative Officer.

According to the job posting on the city’s website, in addition to overseeing the three department heads, the new hire “must coordinate with the Chief of Police to provide strong reform-minded leadership as the department works to achieve and maintain compliance” with the Court Approved Settlement Agreement dictating the police reform effort.

https://www.abqjournal.com/1526078/city-seeking-to-hire-chief-of-public-safety.html

Mayor Keller has said hopes to have the police chief position filled by March but has said he doesn’t have a time frame for when a Chief of Public Safety will be in place. Keller acknowledges that both potions will be hard to recruit because of the city’s out of control crime rates, the reform efforts and the fact that both positions are “at will” positions. Whoever is hired will be at risk of losing their job if Keller does not win a second term.

On May 1, 2018, just a few months after Keller took office, an article on this blog was posted and sent to Keller proposing the exact same thing that Keller is proposing, except with the title “Public Safety Commissioner” and including the creation of an entire Public Safety Department.

Below is the link to the May 1, 2018 blog article:

“Create Department Of Public Safety; Abolish APD Internal Affairs; Create Salary Structure”

https://www.petedinelli.com/2020/12/12/political-plagiarism-is-one-of-the-highest-forms-of-flattery-tim-keller-should-just-listen-from-the-get-go-instead-of-not-being-upfront/

COMMENTARY AND ANALYSIS

Historically, when a Mayor appoints a Chief of Police, it generates a significant amount of interest and competition amongst the ambitious command staff, usually with Commanders, now called Captains, and even Lieutenants applying for the job. Further, it is also common that former APD command staff also apply and try to return as Chief, such as Chief Ray Schultz and Chief Michael Geier who both retired from APD to go work for another department only to return a few years later to be Chief. This is not happening now.

HAROLD MEDINA

It is very concerning that Interim APD Chief Harold Medina is the only named applicant for Chief from within the ranks of APD who has applied for the position. Interim Chief Harold Medina has a very troubled past of police officer involved shootings with reactive decision-making and failed leadership resulting in the killing of two mentally ill people having psychotic episodes. Medina was never disciplined for his conduct relating to 2 high profile shootings proclaiming he did nothing wrong.

First, in 2004, then APD Field Officer Harold Medina killed a 14-year-old Cibola High School student in a church who was brandishing a BB Gun. The boy was reported as having a psychotic episode saying he was possessed by demons and went to church for help.

Second, on January 13, 2010, Kenneth Ellis, III, a 25-year-old veteran who was suffering from post-traumatic stress disorder and threatening to kill himself holding a gun to his head. Elis was shot and killed by APD police officers and it was then Lieutenant Harold Medina that authorized the use of deadly force against Elis as a tactic to take him into custody. A $10.5 Million dollar judgment was awarded to the Elis family for the shooting. At the time of the Ellis shooting, former APD Chief Michael Geier was on the Force Review Board and he has stated that then Lt. Harold Medina failed in his command conduct and that he should have been disciplined.

Interim Chief Harold Medina spins the two tragedies as a positive credential to run the APD saying because of the shootings he now understands the DOJ reforms, their need and can implement them. Good luck with that! If anything, the two killing should have resulted in Medina being disqualified as an applicant. Truth is, Medina is part of the problem with APD that brought the DOJ here in the first place. Medina has no business being interim Chief let alone being made permanent. Medina helped create, did not stop and he participated the “culture of aggression” and the use of deadly force that resulted in a DOJ investigation.

Medina was never disciplined for his conduct relating to the high-profile shootings. When asked if the mayor’s office was aware of the cases, Keller’s Chief of staff Mike Puelle wrote in a statement:

“Acting Chief Medina has been very open about these lessons learned and how he applies them to the ongoing reform efforts at the department.”

HEAVY HANDED MANAGEMENT STYLE DEMANDING LOYALTY

It is no coincidence that Medina is the only named applicant for Chief that currently works for APD or who has worked for APD in the past. APD Command staff, who wish to remain anonymous, have said that Medina is highly aggressive, demands 100% loyalty, feels he is entitled to the job of Chief. It is said Medina does not tolerate anyone who remotely questions his directives and that he manages with intimidation and coercion. Working for such a Chief no doubt eliminates any potential challengers for APD Chief from within the department.

Interim Chief Harold Medina is part of the very problem that brought the Department of Justice (DOJ) here in the first place. It was the past APD management practices that resulted in the “culture of aggression” found by the Department of Justice that lead to the federal consent decree after 18 police officer involved shootings and the findings of excessive use of force and deadly force by APD. The litany of cases includes 4 Cases where $21.7 Million was paid for APD’s excessive use of force and deadly force and $64 Million for 42 police officer shootings in 10 years.

Any one in APD command staff who assisted, contributed or who did not stop the “culture of aggression” found by the Department of Justice and who has resisted the reform process has no business being APD Chief or Deputy for that matter. Interim Chief Harold Medina was and still is part of the problem with APD. It is not at all likely, despite whatever public comments he makes, that Interim APD Chief Medina will ever get behind the Federal mandated reforms which should disqualify him from being the interim APD Chief and for that matter the new permanent Chief.

OTHER APPLCIANTS OSTENSIBLY HAVE NO POLICE REFORM BACKGROUND

The number one priority of the next full time APD Chief, and in a real sense, the biggest crisis that Chief faces from day one will be implementation of the DOJ mandated reforms. The crisis is very real when the Federal Monitor told the court on October 6, 2020:

“We are on the brink of a catastrophic failure at APD. … [The department] has failed miserably in its ability to police itself. … If this were simply a question of leadership, I would be less concerned. But it’s not. It’s a question of leadership. It’s a question of command. It’s a question of supervision. And it’s a question of performance on the street.”

Based on the listing of the other 38 applicants, it appears none of the applicants has any prior experience or working knowledge dealing with implementation of any federal consent decree and the requirement of constitutional policing training and practices.

If Mayor Tim Keller is indeed sincere in conducting a national search to find someone else other than Interim APD Chief Harold Medina, he should order the national employment search company the city has retained to find qualified law enforcement professionals who have the experience to manage a department in crisis. Experience with a law enforcement department under a DOJ consent decree should be an absolute requirement.

Further, Keller should notify Medina that he has been disqualified from applying for the potion because of his troubling history of excessive use of force and deadly force. Otherwise, it sure does look like Keller is engaged in another sham national search only to appoint and make Harold Medina the permanent chief.

CREATE DEPARTMENT OF PUBLIC SAFETY

Creating the position of Chief Public Safety is nearly not enough. There is a need for a complete overhaul and restructuring of APD with the appointment of a new APD Chief, Deputy Chief’s, new Commanders, Lieutenants, a new Academy Director and a 911 manager. The Public Safety Department needs to consist of four civilian staffed divisions and managed by the Public Safety Commissioner:

1. Personnel and training, for recruiting, hiring, internal affairs investigations and police academy;
2. Budget and finance;
3. Information technology support and crime lab; and
4. 911 emergency operations center with a civilian manager.

Every single APD felony unit needs to be increased in personnel by anywhere between 40% and 60%, including the units of Armed Robbery, Auto Theft, Burglary, Homicide, Gang Unit, Narcotics, Property Crimes and Sex Crimes Units.

APD has consistently shown over many years it cannot police itself which contributed to the “culture of aggression” found by the Department of Justice. The APD Internal Affairs Unit needs to be abolished and its functions absorbed by the Office of Inspector General. “Deadly use of force” cases need to continue to be investigated by the Critical Incident Review Team and the final reports with finding and recommendations.

CONCLUSION

Mayor Tim Keller squandered a considerable amount of his political capital given to him with his landslide win in 2017 when he failed to seize immediately after his election the opportunity to make sweeping changes by hiring a new generation of police management , hiring Chief Public Safety Officer and with the creation of a Department of Public Safety. Now Keller’s back is against the wall time wise with only 11 months left of his term as he seeks another term. Anyone who accepts either job will have to take one big leap of faith and hope Keller wins a second term, otherwise they could be out of a job within a few months or weeks after taking it.

Mayor Tim Keller and his Administration need to pay special attention to the survey and the input they have received from the public as to what they want in the next police chief. Keller has now appointed as Interim Chief the one person who embodies what the Department of Justice Reforms are all about when it comes to police misconduct.
Mayor Keller has made it known he is running for a second term. He can not afford to make another mistake with APD management appointments and just give his usual smile and lip service and public relations to the process he has put in place.

In 2020, Dinelli Blog Had 105,793 Total Reader Views, 70,208 Total Blog Visitors; Thanks For Viewing And Visiting; Onto A Better 2021 New Year! PLEASE WEAR THE DAMN MASK!

The 14th Amendment of the United States Constitution provides in part:

“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same … .”

The federal law against seditious conspiracy can be found in Title 18, U.S.C. § 2384. The federal law includes treason, rebellion, and similar offenses. According to the statutory definition of sedition, it is a crime for two or more people within the jurisdiction of the United States:

• To conspire to overthrow or destroy by force the government of the United States or to level war against them;

• To oppose by force the authority of the United States government; to prevent, hinder, or delay by force the execution of any law of the United States;

… . “

https://criminal.findlaw.com/criminal-charges/sedition.html#:~:text=Sedition%20is%20a%20serious%20felony,of%20destroying%20or%20overthrowing%20it.

Under the federal criminal law, rebellion or insurrection is also a felony and the federal law provides:

“Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than 10 years, or both;  and shall be incapable of holding any office under the United States.”

https://codes.findlaw.com/us/title-18-crimes-and-criminal-procedure/18-usc-sect-2383.html

FEDERAL VOTER FRAUD LAWS

There are 2 separate federal laws that deal with voter fraud as follows:

18 U.S. Code § 594 – Intimidation of voters

Whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, at any election held solely or in part for the purpose of electing such candidate, shall be fined under this title or imprisoned not more than one year, or both.

52 U.S. Code § 20511 – Criminal penalties

A person, including an election official, who in any election for Federal office—

(1)knowingly and willfully intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce, any person for—

(A) registering to vote, or voting, or attempting to register or vote;
(B) urging or aiding any person to register to vote, to vote, or to attempt to register or vote; or
(C)exercising any right under this chapter; or

(2)knowingly and willfully deprives, defrauds, or attempts to deprive or defraud the residents of a State of a fair and impartially conducted election process, by—

(A) the procurement or submission of voter registration applications that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held; or
(B) the procurement, casting, or tabulation of ballots that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held

FÜHRER TRUMP COMMITS ACTS OF REBELLION AND SEDITION OR VOTER FRAUD

The Washington Post reported that on Saturday, January 2, 2020, President Trump held an hour-long phone call with Georgia’s Secretary of State Brad Raffensperger. Trump was joined on the call by White House Chief of Staff Mark Meadows and several lawyers, including longtime conservative operative attorneys Cleta Mitchell and Georgia attorney Kurt Hilbert. Raffensperger was joined by his office’s general counsel, Ryan Germany, and Deputy Secretary of State Jordan Fuchs. The call was recorded.

On the call, Trump urges Raffensperger to alter the outcome of the presidential vote in Georgia. The Washington Post report on the recording states in part:

“Trump alternately berated Raffensperger, tried to flatter him, begged him to act and threatened him with vague criminal consequences if the secretary of state refused to pursue his false claims, and at one-point warning that Raffensperger was taking “a big risk.” Throughout the call, Raffensperger and his office’s general counsel rejected Trump’s assertions, explaining that Trump was is relying on debunked conspiracy theories and that President-elect Joe Biden’s 11,779-vote victory in Georgia was fair and accurate.
…

On the call, Trump details an exhaustive list of disinformation and conspiracy theories to support his position. He claims without evidence that he had won Georgia by at least a half-million votes. He floated a barrage of assertions that have been investigated and disproved: that thousands of dead people voted; that an Atlanta election worker scanned 18,000 forged ballots three times each and “100 percent” were for Biden; that thousands more voters living out of state came back to Georgia illegally just to vote in the election.
…

The secretary of state repeatedly sought to correct Trump, saying at one point, “Mr. President, the problem you have with social media, they — people can say anything.”

“Oh this isn’t social media,” Trump retorted. “This is Trump media. It’s not social media. It’s really not. It’s not social media. I don’t care about social media. I couldn’t care less.”

At another point, Trump claimed that votes were scanned three times:

“Brad, why did they put the votes in three times? You know, they put ’em in three times.”

Raffensperger responded: “Mr. President, they did not. We did an audit of that and we proved conclusively that they were not scanned three times.”

The link to the entire Washington Post article is here:

https://www.washingtonpost.com/politics/trump-raffensperger-call-transcript-georgia-vote/2021/01/03/2768e0cc-4ddd-11eb-83e3-322644d82356_story.html

Georgia has already conducted 3 recounts, and the results were the same: Joe Biden won the state’s popular vote with 49.5% (2,473,633 votes) to Trumps 49.3% (2,461,854) thereby winning all 16 of Georgia’s electoral votes.

EGREGIOUS COMMENTS

Some of the most egregious comments and requests made by Trump during the January 2 telephone call with the Georgia Secretary of Sates that amount to sedition or rebellion to set aside a lawful election are:

“So, look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have. Because we won the state”

“Fellas, I need 11,000 votes … Give me a break. We have that in spades already.”

“The ballots are corrupt, and they’re brand new, and they don’t have seals, and there’s a whole thing with the ballots. But the ballots are corrupt. And you are going to find that they are — which is totally illegal — it is more illegal for you than it is for them because, you know, what they did and you’re not reporting it. That’s a criminal, that’s a criminal offense. And you can’t let that happen. That’s a big risk to you and to Ryan, your lawyer. And that’s a big risk.

… I’m notifying you that you’re letting it happen. So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have because we won the state.

And flipping the state is a great testament to our country because, you know, this is — it’s a testament that they can admit to a mistake or whatever you want to call it. If it was a mistake, I don’t know. A lot of people think it wasn’t a mistake. It was much more criminal than that. But it’s a big problem in Georgia, and it’s not a problem that’s going away. I mean, you know, it’s not a problem that’s going away.

“So what are we going to do here, folks? I only need 11,000 votes. Fellas, I need 11,000 votes. Give me a break. You know, we have that in spades already. Or we can keep it going, but that’s not fair to the voters of Georgia because they’re going to see what happened, and they’re going to see what happened.”

“So tell me, Brad, what are we going to do? We won the election, and it’s not fair to take it away from us like this. And it’s going to be very costly in many ways. And I think you have to say that you’re going to reexamine it, and you can reexamine it, but reexamine it with people that want to find answers, not people that don’t want to find answers.”

“. .. we can play this game with the courts, but why do you say that? First of all, they don’t even assign us a judge. They don’t even assign us a judge. But why wouldn’t you . . . Hey Brad, why wouldn’t you want to check out [name redacted] ? And why wouldn’t you want to say, hey, if in fact, President Trump is right about that, then he wins the state of Georgia, just that one incident alone without going through hundreds of thousands of dropped ballots.”

“You just say, you stick by, I mean I’ve been watching you, you know, you don’t care about anything. “Your numbers are right.” But your numbers aren’t right. They’re really wrong, and they’re really wrong, Brad. And I know this phone call is going nowhere other than, other than ultimately, you know — Look, ultimately, I win, okay? Because you guys are so wrong. And you treated this. You treated the population of Georgia so badly. You, between you and your governor, who is down at 21, he was down 21 points. And like a schmuck, I endorsed him, and he got elected, but I will tell you, he is a disaster.”

“Well, under law, you’re not allowed to give faulty election results, okay? You’re not allowed to do that. And that’s what you done. This is a faulty election result. And honestly, this should go very fast. You should meet tomorrow because you have a big election coming up, and because of what you’ve done to the president — you know, the people of Georgia know that this was a scam — and because of what you’ve done to the president, a lot of people aren’t going out to vote. And a lot of Republicans are going to vote negative because they hate what you did to the president. Okay? They hate it. And they’re going to vote. And you would be respected. Really respected, if this thing could be straightened out before the election. You have a big election coming up on Tuesday. And I think that it is really is important that you meet tomorrow and work out on these numbers. Because I know, Brad, that if you think we’re right, I think you’re going to say, and I’m not looking to blame anybody, I’m just saying, you know, and, you know, under new counts, and under new views, of the election results, we won the election. You know? It’s very simple. We won the election.”

“So tell me, Brad, what are we going to do? We won the election, and it’s not fair to take it away from us like this. … And it’s going to be very costly in many ways. And I think you have to say that you’re going to reexamine it, and you can reexamine it, but reexamine it with people that want to find answers, not people who don’t want to find answers.”

“You should want to have an accurate election. And you’re a Republican … You know what they did, and you’re not reporting it. That’s a criminal offense, and you can’t let that happen. … And you can’t let that happen. That’s a big risk to you and to Ryan, your lawyer.”

“The people of Georgia are angry, the people in the country are angry,” Trump said. “And there’s nothing wrong with saying, you know, um, that you’ve recalculated.”

“We won the election, and it’s not fair to take it away from us like this.”

“You have a big election coming up and because of what you’ve done to the president — you know, the people of Georgia know that this was a scam. … Because of what you’ve done to the president, a lot of people aren’t going out to vote, and a lot of Republicans are going to vote negative, because they hate what you did to the president. Okay? They hate it. And they’re going to vote. And you would be respected, really respected, if this can be straightened out before the election.”

The link to the Washington Post transcript is here:

https://www.washingtonpost.com/politics/trump-raffensperger-call-georgia-vote/2021/01/03/d45acb92-4dc4-11eb-bda4-615aaefd0555_story.html

TRUMP THREATENS LAWSUITS

Within hours after the Washington Post published its story on the recorded one-hour discussion between President Donald Trump and Georgia Secretary of State Brad Raffensperger it was announced that Trump intends to sue Georgia Secretary of State Brad Raffensperger for recording their phone call.

Trump intends to filed a state law suite and a federal lawsuit against the Georgia Secretary of State to block the release of the recording where Trump is heard pressuring the state election head to “recalculate” the votes and demanded he commit a crime and “find” votes. It is being alleged that the telephone conference call was secretly recorded and was a “confidential settlement discussion” of litigation that is still pending. At this point, no one really knows who released the audio or for that matter who recorded it.

Democrat Jon Ossoff who is running against Senator David Perdue in one of the Georgia Senate runoffs that will determine what party will control the Senate had this to say:

“At this moment, when the President of the United States calls on Georgia’s election officials and tries to intimidate them to change the result of the election to disenfranchise Georgia voters, to disenfranchise Black voters in Georgia who delivered this state for Joe Biden and Kamala Harris, that is a direct attack on our democracy.”

Ossoff also called on Senator David Perdue, who he is running against, and the other Georgia Senator Kelly Loeffler to defend voters from those types of actions.

https://www.11alive.com/article/news/politics/elections/trump-phone-call-brad-raffersperger-lawsuit/85-a0c1c287-b69f-470e-a8b6-d1cdf9df1b11

https://www.rawstory.com/trump-sues-georgia-official-recording/

NOVEMBER 3RD ELECTION WAS THE MOST SECURE IN AMERICAN HISTORY

On November 12, The Election Infrastructure Government Coordinating Council (GCC) Executive Committee – Cybersecurity and Infrastructure Security Agency issued a statement regarding the 2020 Presidential election and said:

“… The November 3rd election was the most secure in American history. … There is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised. … While we know there are many unfounded claims and opportunities for misinformation about the process of our elections, we can assure you we have the utmost confidence in the security and integrity of our elections …”

The link to the full statement is here:

https://www.cisa.gov/news/2020/11/12/joint-statement-elections-infrastructure-government-coordinating-council-election

JOINT SESSION OF CONGRESS TO CERTIFY ELECTORAL COLLEGE VOTE

On Wednesday, January 6, a joint session of the United State House of Representatives and United State Senate will met to formally count the electoral votes to certify President-elect Joe Biden’s victory over President Trump. Vice President Pence, as president of the Senate, will preside over the proceeding.

Upwards of 140 of the 196 Republican members of the House of Representatives will object and will vote against counting the electoral votes to certify President-elect Joe Biden’s victory. New Mexico’s newly sworn in Republican right wing flake of a Congresswoman Yvette Harrel from New Mexico’s Southern Mew Mexico District has announced she will be one of the 140 Republican members of congress to vote against certifying President Joe Biden’s victory. Yvett Harrel told Fox News in an interview in December that her 2018 defeat by Democrat Xochitl Torres Small was without question the result of fraud, a baseless charge that is a total lie, just like the one Harell has bought into about Trump’s loss.

On Saturday, January 2, 2021, 11 Republican senators demanded that a commission to audit the results of the 2020 election be convened, otherwise they will object to the Electoral College votes that declared President-elect Joe Biden the winner. The Senators want Congress to create a commission with “full investigatory and fact-finding authority, to conduct an emergency 10-day audit of the election returns in the disputed states.” This is after all states have certified their votes, recounts have occurred in many and over 50 lawsuits have been dismissed and thrown out of court for failure to present any evidence of fraud.

If such a panel is not established, the Republican Senators threatened “to reject the electors from disputed states as not ‘regularly given’ and ‘lawfully certified’ the statutory requisite, unless and until that emergency 10-day audit is completed.”

Only 1 house member and 1 US Senator are required to mount an objection when Congress counts the votes.

The actions and demands of all the Republican lawmakers are tied directly to President Donald Trump’s claims that the 2020 election was rigged and the election was stolen from him in the key battleground states that voted for Biden. Over 50 federal lawsuits file by the Trump campaign challenging the state election have been dismissed and thrown out of court because there was virtually no evidence of election fraud. Election officials from all the battleground states, the Electoral College, the Justice Department, the Department of Homeland Security, and the US Supreme Court have found virtually no evidence of election fraud.

https://www.nbcnews.com/politics/2020-election/gop-senators-threaten-object-electoral-college-results-if-commission-not-n1252667

CONGRESSIONAL PROCESS TO CERTIFY ELECTORAL COLLEGE VOTE EXPLAINED

“On January 6 of each year following a presidential election, Congress convenes a joint session to count electoral votes and confirm the result of the presidential election. Congress has the discretion to move the date of the session by law, as it did in 2013 when the joint session was held on January 4. In these sessions, according to the Electoral Count Act of 1887, members of Congress may object to statewide election results or specific electoral votes in a particular state or the District of Columbia.

Specifically, during the session one member of the U.S. House and one member of the U.S. Senate must submit a written objection after the body reads the vote count from a particular state or D.C.

Once a House member and Senator submit an objection, the two chambers of Congress separate to debate for two hours and to vote on whether to continue counting the votes in light of the objection. Both chambers must vote by a simple majority to concur with the objection for it to stand, otherwise the objection fails.

The newly elected Congress conducts this process. On January 3, all the newly elected members of Congress were sworn in. Following the 2020 elections, Democrats retained a majority in the House of Representatives. Republicans would control the Senate during this joint session, regardless of the results of the January 5 Georgia runoff elections since Vice President Mike Pence (R) would still be in office to act as a potential tie-breaking vote

If both chambers of Congress affirm the objection and the objection results in no one candidate receiving the necessary 270-vote Electoral College majority, the 12th Amendment dictates a congressional process for selecting a president and vice president.”

The link to the quoted source material is here:

https://ballotpedia.org/Can_members_of_Congress_object_to_Electoral_College_results%3F_(2020)

COMMENTARY AND ANALYSIS

There is little to no doubt that Trump’s one hour conversation with Georgia RepublicaN Secretary of State Raffensperger has placed him in serious criminal jeopardy. It clear from the recorded conversation that Trump made a threat of criminal consequences if the Raffensperger did not act. The conversation was also a clear attempt at extortion when Trump threatened to deploy the Justice Department to launch an investigation. The entire one hour recorded conversation taken as a whole is evidence that Trump knowingly and intentionally attempted to corrupt the integrity of a federal election in a state that the results have been recounted 3 time and already been certified.

If there were any doubts that Trump is a fascist, those doubts should be clearly laid to rest with his act of sedition and rebellion in trying to coerce and force the Republican Georgia Secretary of State to “find 11,780 votes” that would allow him to win the State’s electoral college votes. The January 2 phone call recording of Trump is clear and undisputed evidence that Trump will say anything, do anything, lie about anything and coerce anyone, in a desperate attempt to hold on to and cling to power. Trump’s conduct and pressure to set aside the 2020 election results to remain in office is nothing less than insurrection or rebellion against the United States, the Constitution and our right to vote. Trump wants to disenfranchise any one who did not vote for him, much like what Putin does in Russia to hold on to power.

President Donald Trump’s Republican allies in the House and Senate have zero chance of changing the results of the Presidential election. Simply put, Joe Biden is the next President of the United States. The antics of the Republicans can only delay by a few hours, perhaps a day, the inevitable affirmation of Biden as the Electoral College winner and thus the next President of the United States. President elect Biden not only won the electoral college but the national vote as well by over 7 million votes.

Trumps strongest and closest allies and supporters need to come to their senses and the realization that Trump is a traitor to his own country, to them, to all of us and to our democracy. Attempting to set aside the vote of the American people is undermining our very democracy. The same goes for the clown car full of the Republican House and Senate members who are seeking to set aside the 2020 victory of Joe Biden by voting not to certify the electoral college vote. Their conduct likewise is nothing less than in insurrection or rebellion against the United States and are democratic form of government.

Führer Trump has really stepped into one big pile of excrement with his call to the Georgia Secretary of State to pressure him to change the outcome of already certified election results. At this point, do not be surprised if Führer Trump issues a pardon not only for himself but also all those who were on the the phone call with him.

In 2020, Dinelli Blog Had 105,793 Total Reader Views, 70,208 Total Blog Visitors; Thanks For Viewing And Visiting; Onto A Better 2021 New Year! PLEASE WEAR THE DAMN MASK!

Since January 1, 2019 Charlene Pyskoty has been the Bernalillo County Commissioner for District 5. On Jan. 14, 2020, Commissioner Pyskoty was elected Bernalillo County Board Vice Chair. Charlene Pyskoty is a licensed mental health therapist in private practice. Commissioner Pyskoty has spent nearly 20 years as a licensed mental health therapist. She holds a Master’s degrees in Public Health and Sociology. She has been successfully self-employed for most of her career, as well as working in such diverse industries as academic and market research, advertising and publishing, and education. Pyskoty loves research and data, and she loves helping her community thrive. Her office is in Albuquerque, and her home is in Tijeras where she lives with her husband. Charlene is on both sides of her district every day and appreciates the geographic and demographic diversity of District 5.

Bernalillo County Vice Chair Charlene Pyskoty submitted the below guest column for publication on this blog:

(EDITOR’S NOTE: The opinions expressed in this article are those of County Commissioner Pyskoty and do not necessarily reflect those of the political blog www.petedinelli.com. Commissioner Pyskoty has not been compensated for her column).

“On March 17, 2020, I convened an Emergency Meeting of the Bernalillo County Board of Commissioners for the purpose of declaring Bernalillo County an emergency area due to the Covid-19 pandemic and allowing the County Manager, Julie Morgas Baca, emergency powers to act swiftly in a crisis situation. On that date, there were 14 cases of Covid-19 in Bernalillo County.

A news reporter asked me after the meeting if I had acted too quickly in calling the meeting, if I was overreacting to something that would turn out to be nothing. I responded that I hoped that would prove to be the case. I would have been happy to be wrong, but, as a public health professional, the numbers were trending upward and community spread seemed inevitable.

As I write this, on December 29, 2020, Bernalillo County has reported 40,038 total cases, and New Mexico has experienced 2,403 deaths attributed to Covid-19, with 139,875 cases statewide.

Since that day in March when a public health emergency was declared, Bernalillo County has worked tirelessly to stop the spread of Covid-19, as well as keeping life as normal as possible for our residents.

Bernalillo County took the lead in distributing PPE and creating safe environments for our essential workers. We worked continuously to protect MDC inmates and staff from infection. We worked with APS to provide food, childcare, and meaningful learning experiences for students.

Staff from our Fire Department were deployed throughout the state of New Mexico to train assisted-living facilities on Covid-safe practices. Bernalillo County worked with the State of New Mexico to distribute meals to senior citizens and to provide Covid testing to the public. We worked with other teams and agencies to get clean water and food to the people of To’Hajiilee, which culminated in the agreement to build a pipeline for plentiful, potable water to this part of the Navajo Nation in far-western Bernalillo County.

With our CARES Grant allocation of nearly $32 million, we supported small businesses with grants for basic expenses and for materials to expand outdoor dining and other resources to continue Covid-safe operations. Grants were given to mental health providers, non-profits, employees, and people who just needed to make ends meet.

We kept the county running with the provision of essential services, collected property taxes, and ran safe and secure elections that have withstood lawsuits, challenges, and audits.

Our first responders continued to work, day in and day out, keeping residents safe. Building permits got issued, trash services continued, and marriage licenses brought couples together for better or worse during the most unprecedented time of our lives.

Under the direction of our County Manager, all employees who were able to work remotely, worked from home. Our IT department made sure we were all equipped with internet access, and our media gurus and administrative staff made sure our Zoom meetings complied with laws regarding public access and input to open meetings.

During the past year, our County employees have been busy. There have been no layoffs, and each employee has earned their paycheck performing their usual duties, or temporarily working in a Covid-related position, like managing our wellness hotels for homeless families. I think we have worked harder this year than ever before, maintaining our usual jobs, plus the added duties related to Covid.

For my part, my assistants and I helped hand out grab-n-go lunches and masks at community centers and strip malls in my district. We helped sanitize voting booths on election day. I spearheaded communications on safety tips for grocery stores. I initiated the placement of APS Wi-Fi buses at the community centers in the East Mountains to help provide reliable internet access.

I’ve been working on developing housing assistance for those in need and I’ve supported many initiatives for putting CARES money into the physical, mental, and economic health of our communities and our small businesses.

We at the County look forward to facilitating the Covid vaccine to our residents. We look forward to gathering once again as a community. We look forward to a renewed economy, with a new appreciation for our small businesses, restaurants, and entertainment.

Next year, our new facilities at Alvarado Square will open, our lovely Tiny Home Village will be a thriving community, and new businesses like Amazon and NM Fresh Foods will be contributing jobs and money to our economy. Who knows? Kirtland might even have a Space Force!

Please do your part to make 2021 a year that we can truly celebrate. Wear your mask, keep your distance, wash your hands, stay home if you can, and take the vaccine when it is available. I wish you and yours a very happy, healthy, safe, and prosperous new year. Cheers!”

Charlene Pyskoty, MPH, LPCC
Bernalillo County Commissioner, District 5

COMMENTARY AND ANALYSIS

The Covid 19 pandemic is not the only major health crisis that the County Commission is dealing with and where Commissioner Pyskoty back ground will come in handy.

Studies suggest that nearly 50% of Bernalillo County residents needing mental health or addiction treatment services are not getting the help they need because of gaps in New Mexico’s behavioral health care. Untreated behavioral health conditions have led to increased and sometimes tragic interactions with law enforcement, over incarceration, overuse of hospital emergency and inpatient services, and unnecessary suffering on the part of patients and their families.

On February 26, 2015, the Bernalillo County Commission approved a 1/8% gross receipts tax increase on a 3-2 vote to fund new behavioral and mental health services to improve access to mental and behavioral health care services in the county. The tax generates approximately $20 million annually.

The 1/8th% gross receipts tax was enacted to be used for the purpose of providing more mental and behavioral health services for adults and children in the Albuquerque and Bernalillo County area. The intent is to provide a safety net system for those in need of mental health not otherwise funded in New Mexico.

Bernalillo County Commissioner Charlene Pyskoty’s experience in public health no doubt comes at a critical time as the county decides how to deal with the Covid Pandemic but the mental health and addiction treatment services.