This is an in-depth report of the largest corruption scandal in APD’s history and charges filed against a key player.

It was on Friday January 19, 2024, over a year ago, that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law offices of prominent DWI criminal defense attorney Thomas Clear, III.  All 6 of those targeted with a search warrant are allegedly involved in a bribery and conspiracy scheme spanning a decade to dismiss DWI cases.

Bernalillo County District Attorney Sam Bregman ordered the dismissal of over 200 DWI cases because of the scandal due to the main witness’ credibility being called into question which in all the cases are APD officers. A spokeswoman for the District Attorney’s Office said attorneys are busy reviewing even more cases that could potentially be dismissed that will likely result in letting accused drunk drivers go free.

After the raids, APD initiated  its own internal affairs investigation cooperating with the FBI and placed officers Harvey Johnson, Honorio Alba Jr., Joshua Montaño, Nelson Ortiz, Daren DeAguero, Neill Elsman and Lt. Justin Hunt on leave. All 7 APD officers resigned before they were interviewed as part of the Internal Affairs investigation.  APD Cmdr. Mark Landavazo was placed on leave.  Landavazo was eventually terminated, for violating department policies uncovered during a separate investigation that came out of APD’s internal probe into the case.

The case has now become the largest corruption case in New Mexico history implicating 12 APD Officers and officers with the Bernalillo County Sheriff’s Department and the New Mexico State Police.

FEDERAL CRIMINAL INFORMATION FILED

On January 24, after over a full year of investigation by the FBI and the Department of Justice, a federal criminal Information charging document was filed.  The 8 count criminal Information contains the following charges:

• 1 count of a RICO Conspiracy
• 5 counts of Bribery of an Agent of an Organization Receiving Federal Funds
• 1 Count of Interference With Commerce by Extortion Under Color of Official Action; Aiding and Abetting
• 1 Count of Conspiracy To Commit Interference With Commerce By Extortion Under Color of Official Right

The link to read the entire entire 18-page federal criminal Information charging document can be found in the postscript below.

DWI CRIMINAL ENTERPRISE

The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. The charge of RICO is typically reserved for criminal gangs and mobs, so-called large criminal enterprises.

According to the criminal  Information filed by the US Attorney, Mendez  and officers and deputies at the Albuquerque Police Department, Bernalillo County Sheriff’s Office, and New Mexico State Police worked with an attorney and his private investigator in a “DWI Enterprise” to ensure drunk driving suspects would get their cases dismissed in exchange for money and other favors.

The purposes of the DWI Enterprise alleged in the criminal Information charging document include the following:

1. To generate, preserve and protect profits of the DWI Enterprise and its members and associates.
2. To develop a referral system from officer members who would refer new DWI arrests directly to members and associates of the DWI Enterprise so that the DWI Offender could be solicited to retain the attorney co conspirator  which would lead to increased profits for members of the DWI Enterprise.
3. To grow a client base willing to pay higher legal fees in exchange for the successful resolution of their DWI offense.
4. To develop a client referral system based on the illegally obtained dismissals of DWI cases.
5. To provide free or discounted legal services to law enforcement officers to develop good will and encourage the officers participation in the DWI Enterprise.
6. To protect and preserve the status and the reputation of the attorney co conspirator.
7. To conceal and protect the activities of the DWI Enterprise and its members and  associates from detection, investigation and prosecution.
8. To enrich the members and associates of the DWI enterprise.

PLEA OF GUILTY

On January  24, the central figure in the case entered into a Plea and Disposition Agreement in federal court admitting guilt to all the charges.  Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III, plead guilty to all the charges contained in the criminal Information including racketeering, bribery of an agent receiving federal funds, aiding and abetting, interference with commerce by extortion under color of official right and to conspiracy.

According to the criminal Information filed, for the past 15 years, at least one lawyer and officers from the Albuquerque Police Department, New Mexico State Police and the Bernalillo County Sheriff’s Office ran a racketeering enterprise taking bribes in exchange for dismissing drunk driving cases.

Mendez was arrested, plead guilty to all the charges and  was released on his own recognizance. Mendez is facing 110 years in prison on the charges. As part of the plea agreement, the federal prosecutors  agree to a lesser prison sentence.  Mendez has  a prior felony conviction.  State court records show he was arrested multiple times in the 90s for driving drunk. His sentencing is set for April 29 before a Federal Judge.

Federal prosecutors said that Mendez “has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for the Defendant’s criminal conduct.”  The federal  prosecutors said as long as Mendez continues to accept responsibility, he will be entitled to a reduced sentence.

Private criminal defense attorney Thomas Clear was contacted by the Albuquerque Journal and he said he was not  aware of the criminal charges.  He said he had no comment when asked about his alleged involvement. Court records reveal Clear has not taken on a criminal case since the day FBI agents raided his office. Clear  also resigned as longtime chairman of the state Public Defender Commission, which governs the state  Law Office of the Public Defender.

Ricardo “Rick” Mendez  said another criminal defense attorney participated in the scheme, identifying them only as “co-conspirator 3,” and inferring  that other attorneys may be involved.

You can read Mendez’s full plea agreement here.

NEW MEXICO U.S. ATTORNEY ALEXANDER UBALLEZ BREAKS SILENCE

A spokeswoman for U.S. Attorney of New Mexico Alexander Uballez issued a statement and said this:

 “The investigation remains active and ongoing. At this time, we are not in a position to comment on potential future legal proceedings or individuals who may be involved.”

For the entire year of the investigation, the United States Attorney for New Mexico has remained silent on the investigation.  On January 24, U.S. Attorney Alexander Uballez broke his silence in an interview with  KRQE.  He said   this is just the beginning of publicly holding people accountable. Uballez said this

“This is proof first of all, that it happened. And it’s an opportunity for those … who are involved, those who are witnesses, those who are victims to come forward, come to the table. It really is never too late to do the right thing. So our call today is to those who are still out there to pick up the phone and to come in.” 

https://www.krqe.com/news/crime/this-is-clearly-just-the-beginning-new-mexicos-u-s-attorney-on-dwi-scandal-charges/

ANATOMY OF A BRIBERY AND DWI DISSMISSAL SCANDAL

The criminal Information filed on January 24  in Federal Court charges that the “DWI Enterprise” dates to back to  2008 and described its operation like that of a gang involving  law enforcement using coded language, teaching the scheme to new recruits and asking supervisors to make sure it stayed under wraps. At least two former-DWI officers placed on leave in the case had worked at Internal Affairs.

Prosecutors allege as fact in the charging document that “as part of the racketeering conspiracy, each member and associate of the DWI Enterprise served a different role” to subvert the criminal justice system.

As to attorneys, the prosecutors allege that a criminal defense attorney, presumably Thomas Clear, III,  who “specialized in DWI defense”,  and his private investigator Ricardo “Rick” Mendez  “handled the day-to-day coordination of the scheme.”

With respect to law enforcement, the pleading filed alleges law enforcement participants changed over time as they came and went from the APD DWI Unit.

In his Plea and Disposition Agreement, Mendez admits the bribery scheme began in 2008, a year after he was hired by Clear. Mendez admits that police officers who arrested drunk drivers would take their driver’s licenses rather than arrest them for DWI. Those licenses were handed off to Mendez who would contact the driver and tell them they could get off the hook if they paid him several thousand dollars in cash.

Part of the money would go to the arresting officer. In some cases when charges were filed, Mendez said he worked with officers to make sure he and his boss, Attorney Clear scheduled court hearings at times that the officers were busy. Besides cash police officers and their family members received free legal advice and representation, gift cards, and hotel rooms.

When law enforcement involved in the scheme arrested someone or pulled them over for DWI, they would pass the person’s driver’s license and telephone number to him. Mendez would contact the charged Defendant and tell them, if they hired Clear, “they would not have to worry about the DWI arrest.”

If Clear was hired, Mendez said, the pair “strongly encouraged” the person to pay their retainer in cash and then officers would intentionally fail to appear at required hearings. Prosecutors allege Clear would move to dismiss the DWI case “even though (he) was aware” the officer had been paid to not show up.

Mendez said the officers were often paid in cash, up to $5,000 per case, but also received other benefits.  Those benefits included free legal services, gift cards, hotel rooms and other gifts.  Mendez typically handled paying off law enforcement but, on occasion, Clear paid them directly.  If the person didn’t retain Clear as an attorney, Mendez said, the officer would go about the case as normal, “usually securing a DWI conviction against the offender.” There were times police officers would let the DWI offender go without filing charges so Mendez could contact them and secure money to ensure the case would never be filed.

Mendez said the scheme “evolved over the years” within the APD DWI Unit, which had the most officers involved.  They made sure to recruit and train new officers in the scheme and to personally introduce them to Mendez, giving him their phone numbers.

Federal prosecutors allege that APD officers would be paid a “referral fee” by Mendez or Clear for a new recruit and those who were veterans in the scheme would warn Mendez which officers he should avoid, as they might report the activity to Internal Affairs. Prosecutors allege:

“This generational participation, particularly within APD, allowed the DWI Enterprise to take root amongst almost the entire APD DWI Unit over a lengthy period of time.”

Federal Prosecutors allege Mendez and Clear asked senior members of the scheme to “use their positions and influence within APD” to try to ensure that involved officers “were not investigated or disciplined in connection with their illegal activity.”

The bribery and conspiracy scheme adapted to changes in the judicial system, such as when DWI case pretrial interviews were done away with in 2022.  According to the plea agreement, police officers would skip the pretrial interviews to get the DWI cases dismissed. After pretrial interviews were discontinued, assigned APD police officers started missing motion hearings or trial settings  that resulted in the courts dismissing the cases. Federal prosecutors assert law enforcement involved would use coded language in emails and phone communications with each other as they coordinated their scheme.

In his guilty plea, Mendez said some DWI offenders were aware they were paying bribes to get a case dismissed, while others were not. In several cases, Mendez said he never told Clear about the bribes.

APD, BCSO AND STATE POLICE ISSUE STATEMENTS

The Information filed on January 24 in U.S. District Court in Albuquerque was the very first time that Bernalillo County Sheriff’s Office Deputies or State Police officers were alleged to be involved in the corruption case.

APD Chief Harold Medina said this in a statement:

“As I’ve said many times over the past year, we will leave no stone unturned when it comes to exposing this conspiracy. … We have fully cooperated with the FBI’s investigation, while aggressively pursuing our own internal investigation that produced immediate results and helped us identify changes we needed to make to ensure accountability within the department. Through our investigation, we believe this conspiracy goes back as far as two decades, which the U.S. Attorney indicated in its plea agreement today. It is disappointing on so many levels because it appears police officers from several agencies conspired with at least two lawyers and a paralegal to manipulate the criminal justice system, at the expense of victims of DWI.”

On January 24, Bernalillo County Sheriff John Allen issued the following statement to KRQE News 13:

Sheriff John Allen confirms that he has been in direct contact with the Federal Bureau of Investigation and the U.S. Attorney’s Office regarding the involvement of a Bernalillo County Sheriff’s Office deputy in the ongoing federal investigation into DWI case manipulations. “Corruption has no place in law enforcement, and BCSO will fully cooperate with its federal partners,” stated Sheriff Allen.

Upon learning of the involvement of BCSO personnel, the deputy in question, identified as Jeff Hammerel, was immediately placed on administrative leave last night. Sheriff Allen has consistently demonstrated zero tolerance for misconduct, particularly corruption, and remains committed to upholding the highest standards of integrity within the Sheriff’s Office.

In keeping with our commitment to transparency, Sheriff Allen will review all relevant documents and provide a detailed update to the public as soon as possible. The Sheriff is currently headed to Washington, DC alongside

Senator Heinrich, Senator Lujan, Congressman Vasquez and Congresswoman Stansbury, to address topics related to law enforcement in New Mexico and Bernalillo County.  A press conference will be scheduled upon his return to discuss the developments of this case and our ongoing efforts to ensure accountability and maintain public trust.

On January 24, New Mexico State Police Public Information Officer Sgt. Ricardo Breceda issued the following statement to KRQE News 13:

“At this time, we do not have information to believe any of our officers were involved in this criminal conduct. The New Mexico State Police has been and will continue to cooperate with investigators. For additional information, please contact the FBI as they are the lead investigating agency.”

APD CHIEF MEDINA GIVES HIS TAKE ON HOW IT HAPPENED

On January 24, APD Chief Harold Medina  was interviewed by KRQE Investigates Reporter Ann Pierret to  discuss how APD officers were able to get away with their scheme in the DWI Unit scandal.  Medina said the scheme changed over time and only became known once those involved “got sloppy”. Medina said this:

“I look at what I know and how it was generational, and I see how it just got passed down from one generation to the next generation to the officer to the next. But I also don’t think this was very blatant. … I think they had a very tight-knit group of individuals that didn’t talk about it. Of those that APD announced were under investigation, personnel files show that Honorio Alba Jr., Harvey Johnson, and Neill Elsman went through the police academy together. … So these individuals knew each other and they trusted each other for a long time, since academy days.”

Chief Medina said he believes officers filed lapel video under an incorrect case number so it couldn’t be provided as evidence. And for some arrests, they did not file a criminal complaint.   Chief Medina said the scheme ultimately wasn’t sustainable, especially with the policy changes APD had to make under the Court Approved Settlement Agreement (CASA) with the U.S. Department of Justice  dealing with reforms to address APD’s use of excessive force and deadly force.   Among those changes, booking someone into jail is mandatory, and mailing criminal summonses is only allowed in “unique circumstances.” Lapel camera footage is now auto-indexed and supervisors review it monthly.

https://www.krqe.com/news/investigations/albuquerque-police-chief-speaks-about-how-dwi-unit-evaded-detection/

OFFICERS PLACED ON LEAVE

None of the APD officers or any other law enforcement officers have been charged in the case.  Criminal  Defense Attorney Thomas Clear, III,  who is named in the court filings as “co-conspirator 1,” also has not been charged as of Friday, January 24.

On Friday January 24, APD announced they put two more officers on paid leave, Lt. Matthew Chavez and Lt. Kyle Curtis. APD spokesman Gilbert Gallegos said both worked in the DWI Unit and Chavez joined in 2008 while Curtis joined in 2000.

A total of 12 APD Police officers have been implicated in the scandal and 7  have resigned during the Internal Affairs investigation, 3 are on paid leave and one has been terminated. One by one, the accused Albuquerque police officers have been turning in their badges and resigning  rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 12 officers who have resigned, placed on leave or who have been terminated are:

• On February 7, 2024  Justin Hunt,who started at APD in 2000, resigned.
• On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned.
• On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned
• On March 15, 2024, Nelson Ortiz,who started at APD in 2016, resigned.
• On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned.
• On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
• On May 9, 2024, Matthew Trahanwas placed on paid leave as the investigation playsout. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.
• On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave.
• On August 1, APD announced that it fired Mark Landavazo,the APD Commander of Internal Affairs for Professional Standards, who started with APD in  2007 and was with the DWI unit from 2008 through 2013.
• October 16, Deputy Commander Gustavo Gomezplaced on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013
• On January 24, 2025 APD announced they placed officers Matthew Chavez and Lt. Kyle Curtis on paid leave.
• On February 28, Lt. Kyle Curtis announced his retirement amid being targeted in the Internal investigation involving DWI arrests. https://www.koat.com/article/albuquerque-police-lieutenant-retires-dwi-scandal/63594583

On February 24, Bernalillo County Sherriff John Allen announced that BCSO  Deputy Jeff Hammerel was immediately placed on administrative leave.

The New Mexico State Police has not announced if any State Police Officer has been placed on leave in that  no State Police Officer has yet to be itendified as being involved in the bribery and conspiracy scandal.

Link to relied upon or quoted news sources are here:

https://www.abqjournal.com/clickable/article_400a6ffa-da9d-11ef-a3d0-a7cd8015fc17.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/clickable/article_400a6ffa-da9d-11ef-a3d0-a7cd8015fc17.html#tncms-source=home-featured-7-block

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/first-person-pleads-guilty-in-apd-dwi-dismissal-scandal-nmsp-bcso-now-named/

https://www.kob.com/new-mexico/plea-deal-in-federal-apd-dwi-investigation/

https://www.koat.com/article/albuquerque-state-police-bcso-dwi-new-mexico/63548930

https://www.krqe.com/news/crime/apd-releases-timeline-of-investigation-into-dwi-unit-scandal/

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/has-to-be-greed-fbi-albuquerque-talks-dwi-public-corruption-investigation/

ACLU FILES LAWSUITE ON BEHALF OF VICTIM

On September 30, the American Civil Liberties Union of New Mexico filed a 6 count civil complaint in State District Court on behalf of  Plaintiff Carlos Sandoval-Smith, a man who was wrongfully arrested, charged and jailed for DWI. Plaintiff Carlos Sandoval-Smith is alleged to be one of dozens of people who were “victimized” as part of an APD scheme with private criminal defense attorney Thomas Clear III to wrongfully charge and arrest people and then solicit bribes to get the charges dismissed

Plaintiff Carlos Sandoval-Smith’s was pulled over for speeding in June 2023 by APD Police Officer Joshua Montaño.  Montaño unlawfully expanded the scope of the traffic stop by initiating a DWI investigation without reasonable suspicion. Plaintiff Sandoval-Smith consented to a breath test and blew below the legal limit but was still booked and charged with DWI by Montaño.  When  booked on the charges, his gold bracelet was taken off and  placed with his personal belongings by Montaño in a property bag for later return after his  booking was completed.  The personal property returns never happened. Montaño later called Sandoval-Smith’s about his property.  Sandoval Smith was place in contact with Rick Mendez  where a demand was made for $8,500 to get his case dismissed.

Named as Defendants are the City of Albuquerque, APD Chief Harold Medina, Former APD Officers Joshua Montaño, Honorio Alba, Harvey Johnson, Nelson Ortiz, Justin Hunt, Daren Deaguero, Neill Elsman, Matthew Trahan, and Mark Landavazo. Also named as Defendants are criminal defense attorney Thomas Clear, III  and  Clear’s paralegal  Ricardo “Rick” Mendez.

The Civil Complaint is a 6 count, 17-page lawsuit filed in the Second Judicial District Court alleging the 9 former APD officers exploited DWI arrests they had made to solicit bribes in exchange for dismissal of the charges. The 6 counts allege:

1. Unlawful Detention and Arrest charged against the city.
2. Malicious Abuse of Process (2 Counts) charged against the city.
3. Deprivation of Due Process of Law charged against the city.
4. Negligent Hiring, Training, Supervision, and Retention charged against the city.
5. Racketeering charged against the 9 former APD Police Officers named and attorney Thomas Clear III  and  Clear’s paralegal  Ricardo “Rick” Mendez.

The lawsuit alleged the defendants, including APD Chief Harold Medina, each conspired with and amongst each other to violate New Mexico State law.The link to read the civil complaint in full is here:

https://www.krqe.com/wp-content/uploads/sites/12/2024/10/Smith-APD-Lawsuit.pdf

COMMENTARY AND ANALYSIS

APD’S “GENERATIONAL” CORRUPTION

APD Chief Harold Medina is very quick to proclaim the scandal is “generational”. Medina’s explanation of how it happened rings hollow. Medina points out that the DWI bribery and conspiracy scandal went “undetected” for  20 years which is astonishing. The blunt truth is Medina has been part of APD’s “generations” of cops for well over 30 years. He retired from APD after 30 years of service having come up through the ranks as a patrolman, sergeant and lieutenant. What cannot be ignored is that 7 years ago  Medina returned to APD as the Deputy Chief of Field Services, appointed by then Chief Michal Geier who was later fired by Mayor Keller and replaced him with Medina.  Then Deputy Chief Medina was in charge of the DWI unit and it was he who assigned officers to the unit. Given Medina’s reputation for micro management, its likely he knew or should have known what was going on with the DWI unit.  Medina admitted that he knew about the corruption  back in December 2022 when APD first received  a complaint related to the department’s DWI unit, yet he waited and essentially did nothing for a full year. At least one of the 12 APD Officers involved in the DWI scandal has said Chief Medina knew what was going on and that Medina did nothing to stop it.

WHY A PLEA NOW

It does not take a legal genius to figure out why United States Attorney Alexander Uballez  went forward and secured a plea agreement from Ricardo “Rick” Mendez now before any other charges are file against all the others. It’s called leverage to prove a case. Uballez is also on his way out the door, and he, along with all other United States Attorneys in the country will soon be fired by President Trump.  Mendez  is the central figure in the bribery and conspiracy and he coordinated all the bribes.  Mendez  no doubt has information that will secure convictions against the attorneys and the police officers involved.  Mendez is facing 110 years in prison on the charges, and he has been promised a reduced sentence provided he cooperates meaning providing evidence and testifying in court.

A NEW UNITED STATES ATTORNEY

It is likely much more time  will pass before charges are filed. U.S. Attorney Alex Uballez will soon be fired by President Trump  and  upwards of 6 months will be needed to replace Uballez in that  his successor must be nominated and  be confirmed by the United States Senate.  The decision to go forward with the case will likely be left to Uballez’s replacement who could easily decide not to prosecute.

It is very disappointing but not at all surprising that federal charges for government corruption have yet to be brought against any of the identified APD Police officers. The US Attorney’s office has a reputation of being overly cautious in bringing criminal charges, especially against law enforcement.

The blunt truth is that U.S. Attorney Alex Uballez has done a major disservice the citizens of Albuquerque by not indicting or charging now all the APD officers involved.  After over a full year investigation, its likely the US Attorneys office has more than enough to proceed with charges and more than enough evidence to secure convictions, especially with the cooperation of Ricardo “Rick” Mendez.

One thing is for certain, the civil lawsuit file by the ACLU has the greatest potential to expose to the public sooner rather than later the extent of the corruption within APD.

KELLER AND MEDINA MUST BE HELD ACCOUNTABLE

Ultimately Mayor Tim Keller and Chief Harold Medina must be held accountable in large part for the scandal and what happened under their watch. Mayor Tim Keller and Chief Harold Medina  have been in full fledge “politcal spin cycle” of “pivot, deflect and blame” since the news broke and since the Albuquerque City Council accused them of failed leadership in dealing with the scandal. They both have attempted to take credit for the federal investigation and for taking action to hold bad cops accountable for the corruption when it was in fact the federal investigation that forced their hand and after they both allowed the problem to fester for 6 years under their watch.

Mayor Keller and Chief Medina have made more than a few stunning admissions throughout this sordid APD corruption scandal. They are joined at the hip when dealing with the scandal. They admit that the APD bribery and conspiracy scheme to dismiss DWI cases went on the entire time they have been in charge of APD, but they never detected what was going on. Keller and Medina admitted that only after they found out the FBI was investigating APD the decision was made to initiate a city criminal and internal affairs investigation and to proclaim cooperation with the FBI. Medina admitted that he knew about the corruption  back in  December 2022 when APD first got a complaint related to the department’s DWI unit in December 2022, yet he waited and essentially did nothing for a full year.

Keller’s admissions come from a person who was first elected as the “white knight” state auditor who stopped “waste, fraud and abuse” and held people accountable for government corruption. Medina’s admissions come from a chief who claims he has never looked the other way at police corruption.

Keller and Medina have looked the other way on documented corruption involving overtime pay abuses by police officers. There have been 7 audits in 8 years documenting corruption, waste, fraud and abuse in police overtime.  One of those audits was done by none other than New Mexico State Auditor Tim Keller.

Chief Medina went so far as to blame the Bernalillo District Attorney’s Office for a failure to advise APD when officers did not appear for court. It was nothing but a lie when Chief Medina  accused the Public Defender’s Office of being aware of complaints that Public Defender Board of Director member Tom Clear, III was involved with nefarious conduct and that the Public Defender’s Office did nothing.

Mayor Tim Keller has already made it known that he is seeking a third four year term as Mayor in 2025. There is no doubt the APD scandal of corruption calls into question Keller’s management of APD, who he has appointed Chief of Police and if he should be elected to a third term.

BASTION OF CORRUPT COPS

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. It’s downright disgusting that the APD Commander for Internal Affairs for Professional Standards was fired who was the very commander who should have caught and perhaps prevented the corruption.  APD is  viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.  

This is so even before any criminal charges have been filed against anyone, before anyone else is fired from APD and before any action is brought against the police officers involved for government corruption and criminal conspiracy to dismiss cases working with a prominent criminal defense attorney.  Should the criminal defense attorneys be charged and convicted of the crimes, they are likely facing jail time in prison as well as disbarment from the practice of law.

There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core. Now the public is learning that BCSO and New Mexico State Police Officers may also be involved. The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable.  That will only happen when there is aggressive prosecutions and convictions, the police officers are terminated, and they lose their law enforcement certification and disbarment occurs with the attorney.

Links to related articles are here:

https://www.petedinelli.com/2024/05/09/9th-apd-officer-officer-implicated-in-apd-bribery-and-conspiracy-scandal-to-dismiss-dwi-cases-placed-on-leave-6-apd-police-officers-implicated-have-resigned-mayor-keller-and-chief-medina-refus/

https://www.petedinelli.com/2024/10/07/aclu-files-civil-rights-lawsuit-against-city-apd-chief-medina-9-police-officers-attorney-clear-and-para-legal-over-dwi-dismissal-bribery-scandal-victim-of-apd-crime-alleges-racketeering-by-apd-fe/

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POSTSCRIPT

Below is the link to the 18-page federal Criminal Information charging document:

You can read Mendez’s full plea agreement here.

On January 24, U.S. Sen. Martin Heinrich announced he will forgo a gubernatorial run and remain in the U.S. Senate. The decision came “after careful consideration and many conversations” with his family, constituents and colleagues.  Heinrich said this in a statement:.

“It’s clear to me that New Mexico needs a strong voice in Washington now more than ever — the stakes are simply too high. …President Trump’s alarming actions this week — attacking birthright citizenship, pardoning criminals that assaulted police officers, and rolling back American energy leadership— these actions hurt families, endanger our democracy, and threaten the future of our public lands and natural resources. … From fighting back against these harmful policies to defending the progress we’ve made lowering costs for working families, growing our economy, and keeping our communities safe, the Senate is where I believe I can have the most impact.”

Links to relied upon or quoted news sources are here:

https://www.santafenewmexican.com/news/local_news/heinrich-decides-to-forgo-2026-run-for-new-mexico-governor/article_84aa13fa-da60-11ef-bcd4-73baa0aadf0c.html?fbclid=IwY2xjawIAqVpleHRuA2FlbQIxMQABHTUvGrBxw-UElV3K1tEdJMlWmux07CzH

https://www.abqjournal.com/election/article_90f53926-da67-11ef-a922-335a0b8752ff.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

Simply put, Senator Heinrich made the right decision. Has  was just re elected to another 6 year term in the Senate, and a run for Governor in two years would call into question why he ran for another term in the Senate? He’s done a great job in the Senate  and being Governor is viewed by many as a step down from being a US Senator.

The race for governor will be an open contest in 2026, as Gov. Michelle Lujan Grisham is entering the final two years of her tenure and is barred by the state Constitution from seeking a third consecutive term.

It has been reported that former U.S. Department of the Interior Secretary Debra Haaland is making plans to run for Governor. Confidential sources have also confirmed that Bernalillo County District Attorney Sam Bregman may also run for Governor.  No Republican candidates have announced gubernatorial campaigns with former Republican Lt. Governor rumored to be looking at running.

Joline Gutierrez Krueger Glenn is an award-winning journalist, having worked at both the Albuquerque Tribune and Albuquerque Journal for nearly 40 years. Most recently, she was the Journal’s front page columnist from 2008 until her retirement in 2022. She was raised in Albuquerque, lived on both coasts and a few mountain ranges, attended three universities and a number of fellowships and internships, finally returning home to complete her creative writing degree at the University of New Mexico. She is happily retired and resides in the East Mountains.

EDITOR’S NOTE: Joline Gutierrez Krueger Glenn has given her permission to publish on www.PeteDinelli.com the following FACEBOOK post. She has not been paid compensation to allow publication.  

On January 23, Joline Gutierrez Krueger Glenn posted on her FACEBOOK page the following:

“As the days — no, the hours — go by, it’s getting harder to give grace to those people who voted for that guy.

How are they OK with any of this?

How are they OK with Trump setting free 1,500 convicted January 6 criminals, many who violently attacked 140 police officers and broke into the Capital in an attempt to overthrow the government?

How are they OK with attacking an Episcopal bishop asking for mercy for the people who are now in the bullseye of his hate?

How are they OK with Patel, Hegseth, Kennedy, Gabbard? Musk! Fricking Ross Ulbricht!

How?

Mostly because they don’t know what’s going on. Fox News isn’t telling them. They’re not interested in knowing. They don’t believe what little news trickles down to them.

So much news and it’s falling on deaf ears. Or it’s dismissed by the stubborn and sycophantic matter between those ears.

Have you seen those interviews with Trump supporters? Their blind fealty is breathtaking. Scary.

Look, I loved President Obama. I appreciated President Biden. I would have loved President Harris. But I never deified them. I never accepted everything they said as sacrosanct and sacred.

But Trump supporters? He’s their god. They’d follow him off a cliff.

Trouble is, they’re taking the country over the edge with them.

So what do we do?

For one, we have to end our vacation from the news. I have. No more Hallmark Christmas romance movies for me! We have to know what’s going on.

More than that, we have to share what we know, backed by truth and fact and videos.

The Bulwark’s Jonathan Last suggests that to stop Trump’s war we have to stop his popularity. His Republican cowards in Congress stick with him when he’s riding high in the public eye. Trump’s popularity stands at about 47% — better than almost any time during his first term. That won’t last once reality sets in.

So how do we wake up his loyalists to reality?

“Go out and tell them about the bad shit Trump is doing, right now,” Last suggests.

But look, I get that it feels like screaming into the void. And it’s hard to immerse oneself again in Trump Land without feeling like your head is going to explode.

So just do what you can, what you are comfortable with. Abstain from personal attacks — which, like I mentioned, is getting harder for me to do, so I know what a challenge that is.

And, yes, listen to what they have to say as well.

Know you are not the one who is crazy. Know you are not alone.

I promise to keep telling them (and you) about the bad shit Trump is doing, too. Lord knows there’s plenty of shit to choose from.

And it’s only Day Three.”

DINELLI COMMENTARY AND ANALYSIS

A tremendous THANK YOU goes to Joline Gutierrez Krueger Glenn for voicing what many are thinking and believing. It’s a sober reminder that elections have consequences.

It was the economy and inflation that swept Trump to a decisive victory. Exit polls showed that the voting public were extremely disgruntled if not downright hostile with the direction the country is going, with inflation out of control. Voters were far more  concerned about making a living, angered over grocery and gas prices, as opposed to any threat Trump posed to our democracy. Voters simply believed they were better off when Trump was President the first time believing all his lies. Voters chose to forget the 4 years of total chaos Trump brought upon the county and his failure to deal with the pandemic that killed millions worldwide and in the United States and that had a strangle hold on the country and that destroyed the economy.

In the end, voters simply ignored Trump’s flawed character, the multimillion dollar civil judgements against him for sexual assault and slander, his criminal conduct in the private sector and while in office, his fraud in securing millions in loans in New York, the  multiple state criminal convictions and pending federal criminal charges, his two impeachments, his misogyny, his racism, his threat to democracy, his attempt to overthrow the government with all his lies that the election was rigged and stolen from him, his attacks on woman’s rights and civil rights, his support of racists groups such as the Proud Boys and the Oath Keepers, his promotion of racist policies and his cult following of Christian fundamentalist who totally ignored his immorality, multiple marriages and affairs and praised him as the second coming.

Trump is now our President after a peaceful transfer of power, unlike 4 years ago when Trump promoted an insurrection and his big lie that the election was stolen from him. The country now has the President it has elected. Voters will get a clown car of a cabinet filled with people who have no business being appointed, who are totally unqualified and who are 100% loyal to Trump and not to the country and whose goal is to destroy the very agencies they head. The reality is that with his executive appointments he is following the conservative Project 2025 agenda to the tee. (See related article below on Project 2025.)  With Trumps announced appointments, it his clear he intends to gut the Department of Justice, the military leadership, our health care system and dismantle government to carry out his personal vendettas.

Trump and his Republican Party are overreaching declaring they have a mandate to do whatever they damn well want with no guard rails. Trumps selections for cabinet positions also indicate there will be no checks and balances from congress with Republicans in control of all three branches of government. There will be no intervention from the Trump appointed Supreme Court of right-wing conservative disciples in  black robes who will do his bidding and who have given him immunity from prosecution making him above the law.

As the saying goes, elections have consequences.  Trumps agenda will go way beyond what people thought they were voting for. Voters will not be any better off financially than they are now in one year under a Trump second presidency let alone the 4 years to come. His imposition of tariffs and the effects of mass deportation on the agricultural work force will have a dramatic and negative impact on the economy as will corporate greed and skyrocketing consumer prices. MAGA supporters will enjoy watching as he burns the country to the ground, up and until they are personally affected such as when social security and Medicare are slashed which is guaranteed

Throughout his successful campaign, Trump campaigned on the idea that he would “rescue our middle class” and fight for the average American. Now that he has assumed office, he has appointed and empowered oligarchs, billionaires and millionaires to dismantle government and be damned the average American. Now that he has been sworn in, it’s clear from actions he intends to sow chaos, controversy and divide the American people and alienate our allies world wide as he sucks up to dictators such as Putin.

Links to related Dinelli articles are here:

Trump’s “Clown Car” Appointments Will Seek Trump’s Revenge On Department of Justice, Fire Military Hierarchy, Endanger Public Health And Compromise Nations Intelligence And Security; Trump Relies On Oligarchs To Systematically Dismantle Government; Trump Wants Recess Appointments To Avoid Senate Confirmation Hearings

Trump’s Second Administration Packed With Project 2025 Architects And Authors; Their Ultimate Goal Is To Systematically Dismantle Federal Government And Give Trump Unfettered And Total  Control Of Government

Project 2025 Is Der Führer Trump’s Conservative Blue Print For A Second Term Reflecting An American Fascist Agenda To Give Trump Unfettered Presidential Power

On January 21, New Mexico Gov. Michelle Lujan Grisham delivered her 2025 State of the State address to begin the 60-day legislative session. Governor MLG  both praised and prodded legislators during her State of the State Address, lauding the state’s efforts to reduce poverty but urging lawmakers to do more to curb high violent crime rates. The governor unveiled new proposals to help businesses pay for their security costs and exempt foster parents and grandparents raising their grandchildren from paying income tax.  She also said New Mexico is in a “state of crisis” due to crime and focused much of her 50-minute speech on public safety issues. During her State of the State address, the Governor covered education, child care, the Children Youth and Families Department, the economy, environmental concerns, housing and homelessness and health. At the end of her hour speech, she doubled down on crime and public safety.

Some of the specific proposals discussed by the Governor during her address  include the following:

PUBLIC SAFETY

• Updates to criminal competency laws to ensure individuals repeatedly cycling through New Mexico’s courts receive treatment instead of being released.
• Stronger penalties for convicted felons in possession of a firearm in the COMMISSION OF A CRIME.

NARRATIVE:

The Governor focused much of her 50-minute speech on public safety issues. She said New Mexico is in a “state of crisis” due to crime.  Lujan Grisham said this:

“Too many of us simply don’t feel safe in our communities, and that is, frankly, unacceptable.”

The Governor drew a rare standing ovation from Republican legislators and a few Democrats when she called for legal changes to hold violent repeat offenders accountable.

Democrat House and Senate leadership have been working on their own package of crime and behavioral health bills for this year’s session.  Some have said the governor’s proposals will  face tough opposition  after a contentious special session last summer. This without a doubt will include her  proposal to make it easier to hold defendants accused of certain violent crimes behind bars until trial know as “pre trial detention.” Similar proposals have repeatedly stalled in committee  in recent years due largely to constitutional concerns.

The 2025 legislative  session comes after  of the governor’s failed special session on crime last summer. In her State of the State Address, Lujan Grisham outlineed specific public safety proposals, including updates to criminal competency laws, and creating stronger penalties for convicted felons who are found with a gun while committing a crime.  Lujan Grisham said this:

“It is a small but significant group of repeat offenders and criminals who wreak a large percentage of the havoc on our people and our businesses. We can not, we must not let this continue. We need the tools to overcome this challenge.”

Republican leaders in the legislature  said they share the governor’s commitment to fight crime and said they hope to see their proposals get approved this session. Minority Floor Leader Sen. Bill Sharer (R-Farmington) said this:

“She’s more focused on behavioral health than on what the real crime was, and so, we as Republicans have been talking about real crime solutions for a long time.”

Republican  leadership called for changes to keep accused criminals in jail pending trial, ramping up penalties, and creating “certainty” among criminals by emphasizing that if they commit a crime, they will go to prison. Republican leaders also called for independent oversight of CYFD but through a special office within the New Mexico Department of Justice.

HOUSING AND HOMELESSNESS

• Establishing a state Office of Housing supported with funding and expertise.
• $50 million in development subsidies to build houses for people who are priced out—making homebuying more affordable in New Mexico.
• $50 million to fight homelessness with dedicated services that lift individuals up and help them become stable, productive members of society.

NAARATIVE:

Gov. Lujan Grisham touched on housing, saying the state should create an Office of Housing to oversee new developments. In addition, she would like to see $50 million go toward development subsidies to help build houses and make homebuying more affordable in New Mexico. The governor also requested that an additional $50 million go toward fighting homelessness, $50 million go toward the Rural Health Care Delivery Fund, and $100 million be set aside for behavioral health expansion.

HEALTH CARE, BEHAVIORAL HEALTH & CHILD WELL-BEING

• Establishing an independent Child Protection Authority, jointly appointed by the legislature and the executive, that ensures CYFD adequately resolves all complaints from families and foster parents.
• Moving the responsibility for CARA—the Comprehensive Addiction and Recovery Act that helps pregnant mothers and newborns affected by substance abuse—to the Department of Health.
• Investing an additional $50 million in the Rural Health Care Delivery Fund and $100 million in behavioral health expansion.
• Establishing a state-sponsored medical malpractice program.

Governor Lujan Grisham said this during her State of the State address:

“The state has a duty to provide a fully supported behavioral health system that meets New Mexicans where they are.”

NARRATIVE:

Governor MLG addressed the troubled Children Youth and Families Department giving her expectations on how department problems should be addressed going forward.  She made substantial proposals beginning proposal to help foster families. She wants to exclude them from personal income tax, and she wants to increase their monthly stipends by up to $900, per child.  Surprisingly, she said she wants more oversight of  CYFD, something she has resisted in the past. The Governor proposed an independent outside expert to evaluate the department’s performance and report those findings to her and the Legislature every six months. She said she believes regular reviews will help them make real-time adjustments.

The governor also addressed the crisis of abused children falling through the cracks which has plagued the CYFD.  The Governor MLG said this

“I’m also calling for a new independent Child Protection Authority, jointly appointed by the Legislature and the executive, that will ensure CYFD adequately resolves all complaints from families and parents. Another indicator about what’s happening or not happening.”

The Comprehensive Addiction and Recovery Act (CARA) program is designed to help mothers with substance abuse and their babies, The governor  focused  on CARA and the changes she wants lawmakers to tackle this session. Advocates have been pushing for several changes.  The first being to move the CARA program to the Department of Health.

This program is extremely complicated, involving several state agencies.  What happens now is when a mother gives birth to a substance exposed baby, the hospital is supposed to create a plan of care. It’s supposed to be a safety net for those children, but there are massive gaps. Agencies have gone  back and forth with which one is  supposed  following up with the families, and making sure they get the help they need. Many families have fallen through the cracks and children have died. Lujan Grisham said this:

“The truth is too many families did not adhere to the spirit of that program, that’s why I believe it’s time to make these interventions mandatory for these families.”

Legal concerns have been raise in the past about mandating plans of care without legal intervention from the state. The intent of the original bill was to ensure families are getting help. Without that, mothers are getting  arrested for the deaths of their babies with  some  facing prison time.

EDUCATION

• Making the new Office of Special Education permanent in law—establishing consistent statewide standards for all K-12 special education students.
• Establishing a $50 million annual investment in the Indian Education Fund.
• Creating a comprehensive math and STEM program to match our strides in literacy.

NARRATIVE:

During her State of the State address, the governor put emphasis on education and family policy and  she called for legislators to fix problems with the New Mexico Children, Youth & Families Department. Lujan Grisham said she would like to see the department receive more funding and for an outside oversight group to be created to ensure CYFD adequately resolves all complaints from families and foster parents.

In regard to education, the governor said she would like to permanently establish an Office of Special Education, which would set statewide standards for all K-12 special education students. She also proposed incentives for schools that ban cell phone use during school hours and funding for improved safety measures.

New Mexico has struggled for decades when it comes to public education. However, Governor MLG shared encouraging statistics. She celebrated the Legislature’s previous investments in education, including the $30 million lawmakers spent on a summer reading bootcamp last year. She said students involved in the  program saw an 11% increase in reading skills, and she wants the legislature to allocate even more money for the program.

This year, the Governor is prioritizing universal free childcare. She told lawmakers 30,000 New Mexican children already benefit from the state-funded program, and she’s asking for another $205 million to make free childcare available for every New Mexico family. Lujan Grisham said this:

“Let’s become the first state in America to give every child the start they deserve with universal access to high quality child care today and for the future, set the standard for America New Mexico.” 

The governor doubled down on a 180-day school calendar initiative that faced strong opposition last year  and it is  likely to face even more this year.

CLIMATE AND ENERGY

• Updates to the Oil and Gas Act.
• Establishing a state-sponsored fire insurance program outside the private market to protect families and their homes – and to help make people whole when tragedy strikes.
• A strategic water supply for clean energy projects, advanced manufacturing, and even putting out wildfires.

NARRATIVE:

Lujan Grisham  did not specifically mention President Donald Trump during her speech but did cite several climate-related initiatives that may well be affected by Trump executive orders to stop Biden climate change initiatives. She recognized several individuals working to monitor methane gas emissions and urged lawmakers to codify an order requiring the state to have net-zero emissions by 2050. That plea prompted a standing ovation from Democratic lawmakers, while GOP lawmakers looked on impassively.

ECONOMIC DEVELOPMENT

• Provide $20 million to assist in expanding or relocating qualified business entities that are stimulating economic development and producing public benefit.

GOVERNOR IGNORES REFORMING CHILDREN’S CODE

Surprisingly, Governor MLG made no mention of juvenile justice reform.  Lawmakers on both sides of the aisle say they are ready to crack open the Children’s Code and make some changes. Bernalillo County District Attorney Sam Bregman has declared a crisis in juvenile violent  crime and is seeking major changes to the Children’s Code.  Teenage homicide and auto theft are now at crisis levels and the key question is whether there should be adult consequences for teens accused of serious crimes? The governor clearly chose not to make this a key issue for her.

USES FOR NM’S  HISTORIC REVENUE WINDFALL

A back drop to the  60-day session is the state’s historic revenue windfall.  New revenue estimates released by Legislative Finance Committee (LFC) in December  projected  that legislators will have $892.3 million in “new money” available during the 2025 legislative session. The “new money” projection figure represents the difference between projected revenue and current total spending levels.  The $892.3 million figure is upwards of $233 million more than was projected in August of this year. In all, the nearly $13.6 billion in projected revenue for the coming budget year is roughly $3.4 billion more than the state’s $10.2 billion budget.

https://www.abqjournal.com/news/article_4f85ed8c-b645-11ef-912f-8b5314e188f7.html#tncms-source=home-featured-7-block

Gov. Lujan Grisham proposed two new state-sponsored insurance programs that could be funded from the revenue windfall. One of those programs would help New Mexicans struggling to get homeowners’ insurance policies in parts of the state threatened by wildfires. The Governor said this:

“No New Mexican should be priced out of a fire insurance policy.”

The other insurance program would establish a state-sponsored medical malpractice plan. While Lujan Grisham did not provide details, she expressed concern that current medical malpractice insurance rates are hampering the state’s efforts to recruit and retain more health care providers. The governor said this:

“Insurance rates for doctors and health care providers shouldn’t be any higher in New Mexico than in neighboring states, and they most certainly shouldn’t be twice the national average.”

The governor said during her State of the State address that her administration and lawmakers are making “smart choices” with the projected $13.8 billion in revenue for the coming year, but only briefly mentioned the source of the budget surplus.  State Republican Party Chairwoman Amy Barela said this in a statement:

“While the governor briefly acknowledged the record oil and gas revenues, she once again failed to thank the oil and gas industry for contributing nearly half of our state’s budget while proposing legislation that threatens to eliminate this vital sector by 2050.”

Links to quoted and relied upon news sources:

https://www.kob.com/news/top-news/watch-new-mexico-gov-michelle-lujan-grisham-gives-2025-state-of-the-state-address/

https://www.koat.com/article/new-mexico-governor-state-of-state-2025/63496404

https://www.krqe.com/news/politics-government/legislature/gov-lujan-grisham-outlines-goals-for-2025-legislative-session-republicans-respond/

https://www.abqjournal.com/news/article_bab9e6e4-d82d-11ef-8535-8b16eac92bda.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

It was very disappointing that  Governor  Michelle Lujan Grisham did not elaborate or propose in great detail as to what should and can  be done with the state’s historic revenue surplus. On December 3, Gov. Michelle Lujan Grisham and state officials announced that the state intends to fund and move the NM State Fair grounds to a new location without identifying a new location nor cost to rebuild, yet she made no mention of it during her State of the State address.

The 2025 New Mexico legislative session will again be hot and heavy on how to spend the historic surpluses, and they should be spent on major capital improvement projects.  There is indeed a lengthy list on what the surplus can be spent upon. The list includes:

Major infrastructure needs such as roads and bridge repair, funding for wastewater projects, dams and acequia projects, the courts, law enforcement and the criminal justice system, funding for our behavioral health care system, job creation endeavors, economic development programs, funding for the Public Employee Retirement funds to deal with underfunded liabilities and benefits should all be topics of discussion during the upcoming 2025 legislative session. All merit serious consideration and funding with the historic surplus.

Whenever surpluses in state revenues occur, fiscal conservatives always begin to salivate and proclaim all taxation is bad and that rebates and tax reform are desperately needed and the only way to spend the surpluses. The tired and old political dogma  has always been that tax revenues are the people’s money and anything in excess of what is actually needed over and above essential government services should be returned to the taxpayer. It is a short-sighted philosophy believing that only essential, basic services should be funded with taxpayer money such as public safety. If that were the case, there would be no public libraries, no museums, no zoos, no mass transit expansions and no memorial monuments.

What all too often is totally ignored because lack of revenues are major capital outlay projects that are for the benefit of the public and that improve the overall quality of life. Roads and water projects are such priorities but are not exclusive. Given the sure magnitude of the surplus, it is likely municipalities, citizens and interest groups will be asking for funding for special capital projects such as swimming pools, parks, recreation facilities, sport facilities and entertainment venues. The Governor and the legislature should listen and fund such projects during the 2025 Legislative Session while they can.

FINAL COMMENTARY

The Governor’s State of the State address was  more subdued than  those delivered in the past few years. This no doubt was in part due to the fact that the Governor’s relationship with the legislature has declined in the past year, especially after the disastrous special session she called last summer on Public Safety where the legislature failed to enact any and all legislation she requested.

In this year’s State of the State address, the Governor was more conciliatory. Although she again made public safety and crime a top priority, she was not at all as confrontational. She emphasized the popular and bipartisan issues of child education and welfare. The Governor appeared to bend over backwards to turn away from confrontation and was clearly promoting a more collaborative relationship with the Legislature. She repeatedly cited efforts she said had been successful from working together, giving shout-outs like: “You did it! and “You can do it!”

Her conciliatory tone in her State of the State address with the legislature is a sign that she has finally learned the valuable lesson that compromise is the only way to get things done with the New Mexico legislature. Its about time after 6 years in office.

The link to a related article is here:

2025 New Mexico Legislative Update: Governor MLG Recommends $10.9 Billion Budget As NM Legislative Finance Committee Recommends $10.8 Billion Budget; Historic Revenue Surplus Should Be Spent On Transformative Capital Improvement Projects

The 2025 New Mexico legislative session begins January 21 and ends on March 22, 2025.  It is referred to as the  60-day long session where legislators are free to introduce what they want unlike 30 day sessions which are limited to what the Governor places on the agenda. The session will begin at noon at the capital starting with the Governor’s “State of the State” Address.  Lawmakers were already busy Monday, January 20, hearing final pre-session budget reports.

As of January 20, more than 200 bills had already been filed with 125 filed in the House and 78 filed in the Senate. Hundreds more proposals are expected to be filed before the February 20 deadline to introduce legislation. In addition to returning lawmakers, a total of 29 new legislators will take the oath of office after winning election last year.  In all, the new lawmakers will make up roughly 26% of the Legislature. Without a doubt they will  inject new ideas into debates on public safety, education, environment and mental health treatment.

House Speaker Javier Martínez, D-Albuquerque, said he expects issues around criminal competency and behavioral health to move quickly during the first few weeks of this year’s session. New Mexico House leadership have already announced a very aggressive agenda for the 2025  session. (See postscript below for related article.)

https://www.abqjournal.com/news/article_b0099858-d75a-11ef-a514-373196b6ddc4.html#tncms-source=home-featured-7-block

The biggest agenda item for the legislature will be the approval of the 2025-2026 State Government budget. This article is an in-depth report on the proposed budget.

GOVERNOR MLG’s PROPOSED BUDGET

On December 13, 2024,  Governor Michelle Lujan Grisham  released her proposed budget for Fiscal Year 2025-2026 more than a month before the January 21 start of the New Mexico Legislature. According to the Governor’s office, the proposed budget builds on her first 6 years in office while boosting investments in health care, child well-being and infrastructure across New Mexico.  The budget recommendation includes $10.9 billion in recurring spending which is an increase of 5.3% over current year spending. The governor’s plan calls for a 7% budget increase for the coming year.

The budget contains an additional $172 million for state employee pay raises, which includes additional compensation for New Mexico educators. The executive recommendation maintains reserves at 30.4%.

Lujan Grisham’s budget recommendation includes $3.33 billion in reserves or 30.4%, through FY26 while the State has $10.9 billion in recurring spending.

The Governor’s proposed budget includes the following major line items:

• $4.56 billion for the Public Education Department
• $2.2 billion for the Health Care Authority
• $1.4 billion for the Higher Education Department
• $365 million for the Early Childhood Education and Care Department
• $352 for the Department of Corrections
• $286 million for Children, Youth and Families Department
• $268 million for courts
• $211 million for the Department of Health
• $196 million for the Department of Public Safety
• $81 million for the Public Defender’s office
• $41.5 million for the State Engineer’s Office
• $26.3 million for the Tourism Department
• $13.5 million for the Workforce Solutions Department

The  Governor’s  budget proposal includes $172 million for state employee pay raises and  raises for teachers.

LFC RELEASES PROPOSED BUDGET

On January 15, the Legislative Finance Committee (LFC) released its proposed budget recommendation for the 2025-2026 fiscal year to compete with Governor Michelle Lujan Grisham’s proposed budget. It calls for spending $10.8 billion from the state’s general fund, a 5.7%, or $577 million, increase over FY25 planned spending.

The LFC overall proposed budget is slightly less than the plan released last month by Governor Michelle Lujan Grisham. The governor’s plan calls for a total budget of $10.9 billion in recurring spending. The LFC’s competing budget is $10.8 billion and would increase spending by $568.5 million, or 5.7%, over current levels.

Both the Governor’s proposed budget and the LFC proposed budget  would provide pay increases for state employees and public school workers, though the raises would be slightly larger under the Legislative Finance Committee’s plan.

State agencies requested $11.2 billion from the general fund for recurring spending. The LFC general fund recommendation for FY26 is $10.8 billion, up $577 million, or 5.6 percent, from FY25 appropriations and includes a 4% compensation package for public schools, higher education, and state agencies. The LFC recommendation also includes significant one-time investments in special appropriations, supplementals, deficiencies, fund transfers and multi-year investments.

LFC LINE ITEM APPROPRIATIONS

Major line item appropriations included in the LFC’s $10.8 billion operating budget for state agencies include the following line items:

• $4.69 billion, a $263 million or  6% increase, for Public Education. This  includes $343 million in nonrecurring, education-related appropriations, including a $150 million transfer to the public education reform fund, to evaluate promising education initiatives over a period of three years.
• $36.3 million, a 3% increase,  for higher education institutions and the Higher Education Department, bringing total general fund appropriations to $1.4 billion.
• $210.9 million general fund recommendation for the Department of Health representing  a 4.9% percent increase in the general fund appropriation.
• $29.6 million for the Economic Development Department which includes an increase of $706 thousand from the general fund for additional staffing for the Office of Strategy, Science, and Technology.
• $198.3 million for the Environment Department,  a $670.8 thousand, or 2%, decrease in funding.
• $226.6 million for the Energy, Minerals and Natural Resources Department.
• $18.7 million, or 5.4% increase, for the  Early Childhood Education and Care Department. This includes $3 million for rate increases for providers in the Home Visiting new family supports program, $3.5 million for prekindergarten quality support, $10 million for prekindergarten expansion, and $2 million for tribal language support.
• $389.4 million for the Children Youth and Families Department.
• $191.8 million from the general fund for Public Safety, a 3.6 percent increase, for a total budget of $228.3 million across all funding sources.
• $81.9 million for the Administrative Office of the Courts (AOC), an increase of $8.8 million, or 17% increase.
• $210.9 million general fund for the Department of Health representing a 4.9% increase in the general fund appropriation.
• $134 million in additional general fund revenue for compensation increases for state and higher education employees. Under the LFC proposed budget plan, state employees would get an average 4 percent increase
• $50 million for regional recreation centers and quality of life grants.
• $350 million from the general fund for transportation projects and equipment, with $188 million for road projects at NMDOT, $100 million for local and tribal governments through the transportation project fund, and $50 million for the department’s wildlife corridor fund.
• $1.7 billion in transfers to endowments and other funds. The transfers include $600 million for the government results and opportunity, or the GRO fund,  that pays for three-year demonstration projects.
• $150 million for a new fund for public education reform pilot projects.
• $222 million for the water project fund.
• $855 million for state special projects. (See below)
• $15 billion for  Health Care Authority is a $2.8 billion, or a 23% increase.

The proposed LFC budget also includes appropriations for the massive Health and Human Services Health Care Authority.  $15 billion is included in the LFC proposed budget for the Health Care Authority which includes is a $2.8 billion, or 23, increase above the FY25 operating budget

MAJOR STATE AGENCY SPECIAL PROJECTS

The LFC proposed budget includes funding for the following major state agency projects:

• $40 million for a new forensic unit at the Behavioral Health Institute in Las Vegas.
• $40 million for restoration and improvement of state parks.
• $20 million for public safety radio communication infrastructure statewide.
• $10 million for watershed restoration and community wildfire protection projects.
• $10 million for local emergency capital projects statewide.
• $10 million for a new patrol helicopter for the New Mexico State Police.
• $8 million for a new wildfire response program facility for the Forestry Division of the Energy, Minerals and Natural Resources Department.
• $50 million distribution from the public school capital outlay fund to school districts for school security, career and technical education facilities, and general maintenance.
• $24 million appropriation to the Department of Finance and Administration for project completion grants for existing local capital outlay projects.
• $40 million for a new humanities and social science complex.
• $25 million for renovations to the College of Pharmacy at the University of New Mexico;
• $10 million for demolition of Cole Village and $4.5 million to complete an expansion of the new biomedical building at New Mexico State University.
• $18.5 million in appropriations to address critical infrastructure deficiencies at New Mexico Highlands University, the New Mexico Institute of Mining and Technology, Eastern New Mexico University, and New Mexico State University.

UNSPENT CAPITAL OUTLAY

Capital Outlay and Infrastructure Capital outlay requests from state agencies, judicial entities, higher education institutions, and special schools totaled roughly $1.7 billion. Despite historic revenues, the state continues to face challenges to completing projects, including capacity limitations, rising construction costs, and insufficient planning and coordination of funding sources. At the end of the first quarter of FY25, outstanding capital balances totaled an estimated $5.8 billion across more than 5,000 projects.

RESERVES AND OTHER FUNDING

Under the LFC’s spending plan, reserves would be 33% of planned spending, a level that will ensure the state is protected in case of an economic downturn. About 45% of the $577 million increase in recurring general fund spending, or $263 million, would go to public education with most of that designated for the formula-based state equalization guarantee distribution to school districts and charter schools.

The 6% increase in the appropriation to the state equalization guarantee is primarily due to a 4%  increase in school personnel salaries and a $56 million appropriation to more equitably allocate formula funds to schools serving lower-income students.

The LFC’s  proposed budget  includes a one-time $150 million transfer to a proposed public education reform fund to evaluate promising education initiatives over three years and an additional $193 million for other nonrecurring education-related appropriations. The Higher Education Department and the state’s colleges and universities would get $36 million more in FY26 over FY25, or almost 3%. The increase includes an additional $21 million for funding distributed to schools through a formula, $3 million for mental health and other student support services, and $2 million for pay raises at the Health Sciences Center.

Another $79 million of the recurring general fund increase is designated for the Health Care Authority, mostly for the Medicaid program. The total budget for the Health Care Authority, substantially supported with federal Medicaid funds, would increase by 23.3 percent from $12.2 billion to $15 billion, in large part through the creation of a hospital surcharge fund that pools payments from hospitals, matches them with federal dollars, and redistributes them to the hospitals through a formula.

The LFC’s proposed budget continues increases in rates to Medicaid providers of physical healthcare and maternal and child healthcare. The LFC budget also included significant amounts in nonrecurring funding to help ease the transition from prison for inmates and provide medical respite for unhoused people. The Medicaid budget doubled between FY19 and FY25, and the committee recommendation emphasizes improving performance with language to strengthen hospital and behavioral health oversight.

The LFC is recommending a small increase in general fund spending in the Early Childhood Education and Care Department, but with revenue from the early childhood trust fund, total funding for the department is a 5.4%  increase over FY25. The total recommendation includes funding for rate increases for providers in the Home Visiting family supports program and the Family, Infants, Toddlers program; childcare and prekindergarten quality improvements and expansion; and a new doula certification program.

TEACHER PAY INCREASES MAJOR LFC  PRIORITY

New Mexico lags behind the rest of the nation in when it comes to teachers pay. The LFC proposed budget would increase starting teacher pay for the second time in three years.

Under the LFC proposed budget, New Mexico would boost starting teacher pay to $55,000 per year and increase spending on mental health and drug addiction treatment programs under the  $10.8 billion spending plan.

The LFC budget plan would also increase  the minimum pay rates for more experienced educators under the state’s three-tiered licensure system. According to National Education Association data, if the teacher raised are approved, it would place New Mexico starting teacher pay at significantly higher than the national average of $44,530 per year.

In addition to raising minimum starting teacher pay from $50,000 to $55,000 per year, the legislative plan would also provide average 4% pay raises for all educators and state workers. It would also largely cover the cost of rising health insurance premiums.

REVENUE SURPLUS USED FOR TRUST FUNDS

New Mexico state spending has grown by 45% since Lujan Grisham took office in 2019, as revenue collections have reached historical record-high levels.  Estimates released last month predicted legislators will have $892.3 million in “new” money available next year.  The figure represents the difference between projected revenue and current total spending levels. The budget surplus is part of a multi-year revenue bonanza, fueled primarily by record-high oil and natural gas production in southeast New Mexico’s Permian Basin.

While state spending has increased, lawmakers have also set aside millions of dollars from the revenue windfall in trust funds. The money in those funds is then invested for future use.  The Legislative Finance Committee’s budget plan would continue that approach, as it calls for $222 million to be transferred to a water project fund and $350 million for a new community benefit fund for local infrastructure projects.

While the spending plan does not specifically endorse the creation of a new trust fund to pay for expanded mental health and substance abuse treatment, it does include nearly $200 million in additional state spending for such programs.  Senate Majority Leader Peter Wirth  said legislation will be filed in the Senate to create a new fund for such programs, with the goal of securing $1 billion to expand treatment options statewide.

KEY DIFFERENCES

There are some key differences between the two proposed budgets.  The LFC plan does not include funding for a $75 million strategic water supply proposed by the governor for buying brackish and produced water.  The LFC budget would  appropriate $350 million for road repairs and other transportation projects, compared to $300 million under the governor’s plan.

REACTION TO DUELING BUDGETS

Senate Majority Leader Peter Wirth, D-Santa Fe, said the dueling budget plans align in many policy areas.  Wirth said this:

“We’re not that far apart and that’s a really good thing going into the session.”

LFC Chairman Sen. George Muñoz, D-Gallup described the legislative spending plan as “prudent”, saying spending growth of larger than 6% annually could lead to future budget woes. Muñoz said this:

“Fiscal restraint has been critical to our successful efforts to transform the revenue boom of the last few years into long-term support for state services. …The committee’s recommendation supports the committee’s interim focus on improving earned per capita income, healthcare access, and quality of life at the same time it continues the approaches we have pursued over the last few years to extend the life of these fiscally strong years. … New Mexico is in the best financial situation it’s ever been in in its history”

The Governor’s Finance and Administration Secretary Wayne Propst said the two spending plans appear to feature more similarities than differences. Propst said this:

“Where differences exist, we look forward to working through them with the appropriating committees. … These next 60 days will test our collective resolve to resist unnecessary spending and stay focused on building a strong and stable financial future for New Mexico.”

The links to the relied upon and quoted news sources are here:

Click to access fy26%20press%20packet.pdf

https://www.kob.com/new-mexico/lfc-releases-budget-recommendations-for-2025-2026-fiscal-year/

https://www.krqe.com/news/politics-government/legislature/legislative-finance-committee-releases-nearly-11b-budget-proposal/

https://sourcenm.com/2025/01/15/new-mexico-legislative-finance-committee-releases-10-8b-budget-recommendation/

https://www.abqjournal.com/news/article_1968140e-d36f-11ef-8df4-afb58ae8731c.html#tncms-source=home-featured-7-block

ESTIMATED $892.3 MILLION IN “NEW MONEY” PROJECTED FOR STATE

It was On December 9, 2024 that  the Legislative Finance Committee (LFC) held one of its last regularly scheduled meetings before the 2025 legislative session that begins on January 21, 2025. The LFC is made up of legislators from each chamber in budget-writing committees. Senate Finance Committee chairman Sen. George Muñoz, D-Gallup, chairs the LFC. House Appropriations and Finance Committee chairman Nathan Small, D-Las Cruces, serves as vice chair.

The revenue estimates released will be used as a roadmap as lawmakers begin drafting a budget for the fiscal year that starts in July 2025. The budget surplus is part of a multi-year revenue bonanza, fueled primarily by record-high oil and natural gas productions in southeast New Mexico’s Permian Basin. New Mexico is the second-largest oil producer in the nation, behind only Texas, and oil and gas revenue make up about 35% of the state’s total revenue collections, according to legislative data. The two southeast New Mexico counties of Eddy and Lea make up one-third of the state’s gross receipts tax revenue, despite making up only about 6.3% of the state’s population.

New revenue estimates released by LFC financial analysts are projecting that legislators will have $892.3 million in “new money” available next year. The “new money” projection figure represents the difference between projected revenue and current total spending levels.  The $892.3 million figure is upwards of $233 million more than was projected in August of this year. In all, the nearly $13.6 billion in projected revenue for the coming budget year is roughly $3.4 billion more than the state’s $10.2 billion budget.

While state spending has increased, lawmakers have also set aside millions of dollars from the revenue windfall in trust funds. The money in those funds is then invested for future use. An early childhood trust fund established with a $300 million appropriation in 2020 has ballooned to a projected $9.6 billion balance in the current fiscal year.

The state’s reliance on oil-generated dollars has been tempered in large part by lawmakers funneling much of the revenue bonanza into trust funds. That funding is then invested for future use. The  investment earnings are set to surpass personal income taxes as the state’s second-largest revenue source this year.

HISTORY OF SURGING REVENUES

New Mexico revenue levels have surged to record-high levels in recent years amid an ongoing oil drilling boom. The state’s record-high levels of revenue for the past 10 years is as follows:

• 2017 — $6.5 billion
• 2018 — $6.9 billion
• 2019 — $7.8 billion
• 2020 — $8.2 billion
• 2021 — $8 billion
• 2022 — $8.8 billion
• 2023 — $10.9 billion
• 2024 — $13.2 billion
• 2025 — $13.3 billion
• 2026 — $13.6 billion

https://www.abqjournal.com/news/article_4f85ed8c-b645-11ef-912f-8b5314e188f7.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

Both the Governor’s proposed budget and the LFC’s budget will now be debated during the 2025 legislative session where both will got through the committee conference system.  A compromise between the two budgets will be hammered out in conference committee. Both budgets can be considered reasonable and a consensus should be arrived at quickly given the  closeness  in amounts of  the budgets.  With that said, it is disappointing that both budgets are somewhat limited as to what should be done with the historic revenue surplus other than placing the surplus in trust accounts.

The 2025 New Mexico legislative session will again be hot and heavy on how to spend the historic surpluses, and revenue surplus should be spent on major capital improvement projects that can go a long way to improving the quality of life for all citizens. There is a lengthy list on what the surplus can be spent upon. The list includes:

Major infrastructure needs such as roads and bridge repair, funding for wastewater projects, dams and acequia projects, the courts, law enforcement and the criminal justice system, funding for our behavioral health care system, job creation endeavors, economic development programs, funding for the Public Employee Retirement funds to deal with underfunded liabilities and benefits should all be topics of discussion during the upcoming 2025 legislative session. All merit serious consideration and funding with the historic surplus.

Whenever surpluses in state revenues occur, fiscal conservatives always begin to salivate and proclaim all taxation is bad and that rebates and tax reform are desperately needed and the only way to spend the surpluses. The tired and old political dogma  has always been that tax revenues are the people’s money and anything in excess of what is actually needed over and above essential government services should be returned to the taxpayer. It is a short-sighted philosophy believing that only essential, basic services should be funded with taxpayer money such as public safety. If that were the case, there would be no public libraries, no museums, no zoos, no mass transit expansions and no memorial monuments.

What all too often is totally ignored because lack of revenues are major capital outlay projects that are for the benefit of the public and that will  improve the overall quality of life. Roads and water projects are such priorities but are not exclusive. Given the sure magnitude of the surplus, it is likely municipalities, citizens and interest groups will be asking for funding for special capital projects such as swimming pools, parks, recreation facilities, sport facilities and entertainment venues. The Governor and the legislature should listen and fund such projects while they can. The legislature once again has the opportunity to invest in one time transformative projects to improve the state’s overall quality of life for its citizens.

POSTSCRIPT

2025 New Mexico Legislative Update: House Democrats Outline Priorities for 2025 Legislative Session; Historic Surplus Should be Used For Transformative Projects

On January 20, and within hours before Donald Trump was sworn in as President, President Joe Biden issued preemptive pardons for Army General  Mark Milley, Dr. Anthony Fauci and all the members of  the Congressional Committee investigating the January 6, 2021 attack on the Capitol, using the president’s sweeping powers  as a shield against revenge prosecutions  by incoming President Donald Trump. The pardons are a stunning flex of presidential power that is unprecedented in American presidential history. The pardons serve to protect several outspoken critics of Trump, including former Republican Rep. Liz Cheney, whom Trump has vowed retribution against. President Joe Biden also issued preemptive pardons for 3 of his siblings and two of their spouses, citing concerns that they will be targeted by “baseless and politically motivated investigations.”

Biden wrote in a statement, issued hours before he was set to welcome Trump to the White House, before attending Trump’s swearing-in:

“I believe in the rule of law, and I am optimistic that the strength of our legal institutions will ultimately prevail over politics. But these are exceptional circumstances, and I cannot in good conscience do nothing. … Even when individuals have done nothing wrong — and in fact have done the right thing — and will ultimately be exonerated, the mere fact of being investigated or prosecuted can irreparably damage reputations and finances.  Baseless and politically motivated investigations wreak havoc on the lives, safety and financial security of targeted individuals and their families. … Alarmingly, public servants have been subjected to ongoing threats and intimidation for faithfully discharging their duties.  The issuance of these pardons should not be mistaken as an acknowledgment that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense. Our nation owes these public servants a debt of gratitude for their tireless commitment to our country.”

President Biden has been weighing issuing the pardons in the last days of his presidency, concerned Trump would enter office and immediately seek to criminally prosecute his adversaries. All the recipients of Biden’s pardons have faced intense criticism from Trump and his MAGA allies. Fauci served as director of the National Institute of Allergy and Infection Disease for decades, including during the outbreak of Covid in Trump’s first presidency.  Retired General Mark Milley served as chairman of the Joint Chiefs of Staff during Trump’s first term and warned Trump is a fascist.

As he weighed preemptive pardons over the past several days, President Biden has made clear in conversations with aides that he does not believe those who received the pardons  were guilty of any crimes. They have voiced concern that pardoning them could connote guilt.  Biden put aside those concerns with the view that providing protection would outweigh the potential implication of guilt. None of those on Biden’s list appeared at risk of imminent legal action, but Biden believed the threat was real enough that protection was necessary.

Multiple members of Congress who served on the January 6 Committee investigating the attack on the Capitol were stunned to learn of Biden’s decision to pardon them. They did not receive a heads-up that it was happening and one person said they still do not even know what the pardon is for.

BIDEN PARDONS FAMILY MEMBERS

President Joe Biden issued preemptive pardons for 3 of his siblings and two of their spouses, citing concerns that they will be targeted by “baseless and politically motivated investigations.” The White House announced the pardons just minutes before President-elect Donald Trump entered the Capitol rotunda to be sworn in as the next commander in chief.  Biden in early December issued a pardon for his son Hunter Biden, reversing his prior insistence that would not do so.  Biden’s pardons included his brother, James Biden; James’ wife, Sara Jones Biden; his younger sister, Valerie Biden Owens; Owens’ husband, John Owens; and his other brother, Francis Biden.

Biden said this in a press release:

“My family has been subjected to unrelenting attacks and threats, motivated solely by a desire to hurt me—the worst kind of partisan politics. Unfortunately, I have no reason to believe these attacks will end.

I believe in the rule of law, and I am optimistic that the strength of our legal institutions will ultimately prevail over politics.

But baseless and politically motivated investigations wreak havoc on the lives, safety, and financial security of targeted individuals and their families. Even when individuals have done nothing wrong and will ultimately be exonerated, the mere fact of being investigated or prosecuted can irreparably damage their reputations and finances.

That is why I am exercising my power under the Constitution to pardon James B. Biden, Sara Jones Biden, Valerie Biden Owens, John T. Owens, and Francis W. Biden.

The issuance of these pardons should not be mistaken as an acknowledgment that they engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense.”

Links to quoted or relied upon news sources:

https://www.cnbc.com/2025/01/20/biden-pardons-family-members.html

https://abcnews.go.com/Politics/president-biden-pardons-family-members-final-minutes-presidency/story?id=117893348

https://thehill.com/homenews/administration/5095569-biden-family-pardons-oversight-committee/

TRUMP’S THREATS OF RETALIATION

Throughout his campaign, Trump threatened to prosecute Democrats, election workers, law enforcement officials, intelligence officials, reporters, former members of his own staff and Republicans who do not support him, often without identifying any specific criminal activity. Trump has said he would “appoint a real special prosecutor to go after” President Biden and his family.

Trump said on social media that Ms. Cheney “should be prosecuted for what she has done to our country” and that the whole January 6 committee “should be prosecuted for their lies and, quite frankly, TREASON!” He has suggested that General Milley deserved execution because he called a Chinese counterpart after Jan. 6 to warn Beijing against taking advantage of the crisis in Washington.

Although Trump has suggested that he might not follow through on his threats, saying that success as president would be the true retribution allies he has tapped to run the Justice Department and F.B.I. are considered MAGA partisan extremists for him, and their selections, which still need to be confirmed by the Senate, have alarmed many of Trump’s critics and indicated that he is serious about reprisals.

For attorney general, Mr. Trump chose Pam Bondi, a former Florida attorney general who echoed his false claims about the 2020 election. For F.B.I. director, he has named Kash Patel, a firebrand operative who has vowed to “come after” Mr. Trump’s critics in the media and identified his own list of 60 people he considers “deep state” obstacles to the incoming president.

Earlier this month, President Biden told reporters one factor weighing in his decision was whether Trump telegraphed any of his intentions for possible prosecution of his political opponents in the days leading up to his inauguration. Biden said this:

“It depends on some of the language and expectations that Trump broadcasts in the last couple of days here as to what he’s going to do. … The idea that he would punish people for not adhering to what he thinks should be policy as it related to his well-being is outrageous.”

In an interview with USA Today, Biden said he told Trump during their Oval Office meeting shortly after the president-elect’s November victory that “there was no need, and it was counterintuitive for his interest to go back and try to settle scores.”

RECIPENTS REACTION TO BEING PARDON

Dr. Anthony Fauci said he was “very appreciative” of the preemptive pardon, though he didn’t ask for it and Fauci said this:

“I really truly appreciate the action President Biden has taken today on my behalf. …  Let me be perfectly clear. …  I have committed no crime, you know that, and there are no possible grounds for any allegation or threat of criminal investigation or prosecution of me. … The fact is, however, that the mere articulation of these baseless threats, and the potential that they will be acted upon, create immeasurable and intolerable distress for me and my family,”

Retired General Mark Milley said in a statement  that he and his family were “deeply grateful” for Biden’s action said this in a statement:

“After forty-three years of faithful service in uniform to our nation, protecting and defending the Constitution, I do not wish to spend whatever remaining time the Lord grants me fighting those who unjustly might seek retribution for perceived slights. … I do not want to put my family, my friends, and those with whom I served through the resulting distraction, expense, and anxiety.”

Former Capitol Hill police officer Harry Dunn expressed his thanks to Biden for the decision and said this in a statement:

“I am eternally grateful to President Joe Biden, not just for this preemptive pardon, but for his leadership and service to this nation, especially over the last four years. I wish this pardon weren’t necessary, but unfortunately, the political climate we are in now has made the need for one somewhat of a reality. I, like all of the other public servants, was just doing my job and upholding my oath, and I will always honor that.”

Representative Adam Kinzinger, Republican of Illinois who served on the January  6 committee along with Ms. Cheney, said on CNN he would not welcome a pardon  arguing that accepting them would give the impression that they had done something wrong. Kinzinger said this:

“As soon as you take a pardon, it looks like you are guilty of something. .. I am guilty of nothing besides bringing the truth to the American people and, in the process, embarrassing Donald Trump. Because for 187 minutes, he sat there and did absolutely nothing and showed how weak and scared he truly was. So no, I don’t want it.”

Links to quoted and relied upon news sources are here:

https://www.cnn.com/2025/01/20/politics/joe-biden-preemptive-pardons/index.html

https://apnews.com/article/biden-trump-fauci-milley-pardons-january-6-3cba287f89051513fb48d7ae700ae747

https://abcnews.go.com/Politics/biden-preemptively-pardons-anthony-fauci-mark-milley-jan/story?id=117878813

https://www.nytimes.com/2025/01/20/us/politics/biden-pardons-fauci-milley-cheney-jan-6.html

COMMENTARY AND ANALYSIS

Biden’s Presidential pardons will protect those who received them from  congressional investigation and federal criminal prosecution but not other types of investigation, such as tax inquiry, if those were to arise by a vindictive Trump and members of his MAGA Justice Department.  The Presidential  pardons will protect them from federal criminal charges which Trump and his FBI Director designate Kash Pitel have promised.

Links to related blog articles are here:

Trump’s Day One Promises: A Flurry Of 100 Executive Orders Designed To “Schock And  Awe”; The First Day Of 4 Years Of Domestic Chaos, Mass Deportations And Dismantling Of Government 

Trump’s Billionaire and Millionaire Appointments; Oligarchs Will Be Running And Representing The Country And Be Damned The Average American  

Trump’s “Clown Car” Appointments Will Seek Trump’s Revenge On Department of Justice, Fire Military Hierarchy, Endanger Public Health And Compromise Nations Intelligence And Security; Trump Relies On Oligarchs To Systematically Dismantle Government; Trump Wants Recess Appointments To Avoid Senate Confirmation Hearings